September 19, 2013 - Introduced by Representatives Pope, Wright, Clark,
Bernard Schaber, Kahl, Danou, Billings, Ohnstad, Kolste, Pasch, Bewley,
C. Taylor, Riemer, Berceau, Sargent, Shankland, Jorgensen, Hintz, Goyke,
Johnson, Ringhand, Hebl, Richards, Smith, Wachs, Genrich and Hulsey,
cosponsored by Senators Lehman, Shilling, Erpenbach, Miller, Jauch,
Hansen, T. Cullen, Risser, Vinehout, C. Larson, Harris, Lassa, Wirch and
Schultz. Referred to Committee on Education.
AB377,2,9
1An Act to repeal 118.60 (2) (bm), 118.60 (4) (bg) 1., 118.60 (4) (bg) 2., 118.60 (4)
2(bg) 3., 118.60 (4) (bg) 4., 118.60 (4) (bg) 5., 118.60 (11) (d), 119.23 (4) (bg) 1.,
3119.23 (4) (bg) 2., 119.23 (4) (bg) 3., 119.23 (4) (bg) 4., 119.23 (4) (bg) 5. and 119.23
4(11) (d);
to renumber and amend 118.016 (1) and 118.31 (1);
to amend 115.28
5(7) (b), 118.016 (1g), (1r) and (2), 118.19 (1), 118.30 (5m), 118.305 (1) (h), 118.305
6(3) (e), 118.31 (2), 118.31 (3) (intro.), 118.31 (4), 118.31 (5), 118.31 (6), 118.60 (2)
7(a) (intro.), 118.60 (2) (a) 1. a., 118.60 (2) (c), 118.60 (3) (c), 118.60 (4) (d) (intro.),
8118.60 (4) (d) 2., 118.60 (4r) (a), 118.60 (7) (am) 1., 118.60 (7) (b) 3m., 118.60 (7)
9(d) 1. b., 118.60 (10) (a) 3., 118.60 (10) (a) 7., 118.60 (10) (c), 119.23 (2) (a) 1. a.,
10119.23 (2) (c), 119.23 (4) (d) (intro.), 119.23 (4) (d) 2., 119.23 (4r) (a), 119.23 (7)
11(am) 1., 119.23 (7) (b) 3m., 119.23 (7) (d) 1. b., 119.23 (10) (a) 3., 119.23 (10) (a)
127. and 119.23 (10) (c);
to repeal and recreate 118.60 (4m) and 119.23 (4m); and
13to create 118.016 (1) (b), 118.305 (1) (gm), 118.31 (1) (b), 118.33 (1) (f) 5., 118.60
14(2) (a) 1. am., 118.60 (2) (a) 6m., 118.60 (2) (a) 9., 118.60 (2) (a) 10., 118.60 (2)
1(d), 118.60 (4) (bd) (intro.), 118.60 (4) (bd) 1., 118.60 (4) (bd) 2. and 3., 118.60 (7)
2(b) 9., 118.60 (7) (d) 1. d., 118.60 (7) (i), 118.60 (10) (a) 9., 118.60 (10) (a) 10.,
3118.60 (10) (bg), 118.60 (10) (br), 119.23 (2) (a) 1. am., 119.23 (2) (a) 6m., 119.23
4(2) (a) 9., 119.23 (2) (a) 10., 119.23 (2) (d), 119.23 (4) (bd) (intro.), 119.23 (4) (bd)
51., 119.23 (4) (bd) 2. and 3., 119.23 (7) (b) 9., 119.23 (7) (d) 1. d., 119.23 (7) (i),
6119.23 (10) (a) 9., 119.23 (10) (a) 10., 119.23 (10) (bg), 119.23 (10) (br) and 120.13
7(1) (i) of the statutes;
relating to: accountability provisions for private schools
8participating in a parental choice program and requiring the exercise of
9rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes to the law governing the Milwaukee
Parental Choice Program, the Racine Parental Choice Program, and the statewide
parental choice program (parental choice programs). The changes are to take effect
in the 2014-15 school year.
Family income for pupil eligibility
Current law permits a pupil to attend a participating private school under the
Racine Parental Choice Program or the Milwaukee Parental Choice Program if the
pupil resides in the Racine Unified School District (RUSD) or the Milwaukee Public
School District (MPS), respectively, and the family income of the pupil does not
exceed three times the federal poverty level.
2013 Wisconsin Act 20 (the biennial
budget bill) (Act 20) established a new parental choice program under which a pupil
who resides in a school district other than RUSD or MPS may, beginning in the
2013-14 school year, attend a participating private school if the family income of the
pupil does not exceed 1.85 times the federal poverty level. Under each parental
choice program, if the family income of a pupil who is attending a private school
under the program increases, the pupil may continue to attend a private school under
the program.
Under this bill, beginning in the 2014-15 school year, no pupil whose family
income exceeds 1.85 times the federal poverty level may attend a participating
private school under any of the parental choice programs. The bill makes no changes
to the provisions governing a pupil who is attending a private school under the
program and whose family income increases.
Per pupil payments
Under current law, in the 2013-14 school year, for each pupil enrolled in a
private school under a parental choice program, the department must pay to the
private school an amount equal to the private school's per pupil operating and debt
service cost that is related to educational programming (educational costs) or $6,442
(the maximum payment per pupil), whichever is less. Also under current law, in the
2014-15 school year, the maximum payment per pupil increases to $7,210 for a pupil
enrolled in a grade from kindergarten to 8 and to $7,856 for a pupil enrolled in a grade
from 9 to 12.
Beginning in the 2014-15 school year, if a private school enrolls pupils under
a parental choice program in any grade from K to 8 and also in any grade from 9 to
12, current law prohibits the department from determining separate educational
costs for pupils enrolled in grades K to 8 and for pupils enrolled in grades 9 to 12.
Instead, the maximum payment per pupil for that school would be an amount
determined by: (a) multiplying the number of pupils enrolled in the school under a
choice program in any grade from K to 8 by the maximum payment amount for those
grades; (b) multiplying the number of pupils enrolled in the school under a choice
program in any grade from 9 to 12 by the maximum payment amount for those
grades; (c) adding those two amounts together; and (d) dividing that sum by the total
number of pupils enrolled in the school under a parental choice program.
Finally, under current law, beginning in the 2015-16 school year, the maximum
per pupil payment in any given school year is equal to the maximum per pupil
payment in the previous school year plus the revenue limit per pupil adjustment, if
positive, provided to school districts in the current year plus the change in total
categorical aid funding per pupil, if positive, from the prior year to the current year.
This bill eliminates these methods for determining per pupil payments to
participating private schools. Under this bill, beginning in the 2014-15 school year,
for each pupil enrolled in a private school under a parental choice program, the
department must pay the lesser of the following: a) the private school's per pupil
educational costs; b) a rolling average of the tuition paid by a pupil attending the
private school, but not under a parental choice program, in the current and two
preceding school years; or c) $6,442.
Teacher licensure
With certain exceptions, current law requires that the teachers and
administrators employed by a private school participating in a parental choice
program have at least a bachelor's degree from an accredited institution of higher
education. The teachers and administrators are not required to be licensed by the
department.
With certain exceptions, this bill requires that all instructional staff of private
schools participating in a parental choice program hold a license or permit issued by
the department. "Instructional staff" means all professional employees who have as
part of their responsibility direct contact with pupils or with the private school's
instructional program.
Reading readiness assessments of participating pupils
Under current law, in the 2013-14 school year, each school board and the
governing body of each independent charter school must assess each pupil enrolled
in four-year-old kindergarten to first grade for reading readiness. Beginning in the
2014-15 school year, each school board and charter school governing board must
annually assess each pupil enrolled in four-year-old kindergarten to second grade
for reading readiness.
This bill extends these requirements to private schools participating in a
parental choice program. The requirements apply only to those pupils attending the
private school under the program. The bill also authorizes the state superintendent
of public instruction to issue an order barring a private school from participating in
a parental choice program if it violates the requirement described above.
Criteria for awarding a high school diploma to participating pupils
Current law requires the governing body of each private school participating
in a parental choice program to develop a policy specifying criteria for granting a high
school diploma to pupils attending the school under the program. The criteria must
include the pupil's academic performance and the recommendations of teachers. The
private school may not grant a high school diploma to any pupil attending the school
under the program unless the pupil satisfies the criteria specified in the policy.
Beginning in the 2014-15 school year, this bill requires a private school
participating in a parental choice program to include in its policy the requirements
for granting a high school diploma to public school pupils. These requirements
include earning a specified minimum number of credits in certain subjects and, in
grades 9 to 12, being enrolled in a class or participating in an activity approved by
the school board during each class period of each school day.
The bill also authorizes the state superintendent of public instruction to issue
an order barring a private school from participating in a parental choice program if
the private school fails to include these new requirements in its high school
graduation policy.
Corporal punishment of pupils enrolled in a participating private school
Under current law, no official, employee, or agent of a school district (school
employee) may subject a pupil enrolled in the school district to corporal punishment.
Current law defines corporal punishment to mean "the intentional infliction of
physical pain which is used as a means of discipline." Current law permits a school
employee to use reasonable and necessary force under certain circumstances,
including to obtain possession of a weapon from a pupil, protect the safety of others,
or quell a disturbance. Each school board must establish a policy to outline the
circumstances in which a school employee may use reasonable and necessary force.
This bill extends these provisions regarding corporal punishment to private
schools participating in a parental choice program, and permits the state
superintendent to issue an order barring the private school from participating in a
parental choice program for the current school year if the private school fails to
comply with these provisions.
Expulsion of pupils from participating private schools
Under current law, a pupil may be expelled from a public school for repeatedly
violating school rules; making a bomb threat; or endangering or threatening to
endanger the property, health, or safety of others. A pupil who has a firearm at school
must be expelled for at least one year. Before expelling a pupil, the school board must
provide a hearing at which the pupil or his or her parent may be represented by an
attorney. After the hearing, the school board must issue a written decision, which
may be appealed to the state superintendent of public instruction.
This bill directs the department to promulgate rules establishing a procedure
for the expulsion of pupils attending a private school under a parental choice
program by the governing body of the private school. The rules must adhere as
closely as feasible to the statutory provisions governing the expulsion of pupils from
public schools.
The bill also authorizes the state superintendent to issue an order barring a
private school from participating in a parental choice program for the current school
year if the private school violates the rules described above.
Regular building inspection of certain participating private schools
Under current law, before a private school may participate in a parental choice
program, the private school must submit to the department a copy of the certificate
of occupancy (certificate) issued for the private school building by the municipality
within which the private school is located. If the municipality does not issue
certificates, the private school may submit either a certificate issued by a local or
regional governmental unit with authority to issue such a certificate or a letter or
form from the municipality that explains that the municipality does not issue
certificates.
This bill requires a private school located in a municipality that does not issue
certificates to annually obtain a building inspection of the school building.
Miscellaneous other provisions
Under current law, the department may only release data related to enrollment
of, standardized test results for, and other information related to pupils participating
in a parental choice program all at the same time, uniformly, and completely. This
bill eliminates this requirement.
This bill requires a private school participating in a parental choice program
to permit public inspection and copying of any record of the private school that
relates to pupils attending the private school under the program to the same extent
as required of, and subject to the same terms and enforcement provisions that apply
to, a school board. The bill authorizes the department to issue an order barring the
private school from participating in the parental choice program for the current
school year if the private school violates this requirement.
This bill requires that a private school be located in this state in order to
participate in a parental choice program.
This bill provides that a private school may participate in a parental choice
program only if it has been in operation for the attendance of pupils for at least two
school years. The bill also provides that no more than 49 percent of a private school's
enrollment may consist of pupils attending the private school under a parental choice
program.
Currently, a private school participating in a parental choice program must
schedule two meetings each year at which members of the school's governing board
will be present and at which pupils and prospective pupils and their parents may
meet and communicate with the members of the governing board.
This bill requires a private school participating in a parental choice program
to hold at least one such meeting each month. The bill requires that the meetings
be open to the public and that the private school provide public notice of the meetings
in the same manner as notice of meetings of governmental bodies is required to be
provided. Finally, the bill authorizes the department to issue an order barring the
private school from participating in the parental choice program for the current
school year if the private school violates these requirements.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB377,1
1Section
1. 115.28 (7) (b) of the statutes is amended to read:
AB377,6,122
115.28
(7) (b) Subject to the same rules and laws concerning qualifications of
3applicants and granting and revocation of licenses
or certificates under par. (a), the
4state superintendent shall grant
certificates and licenses to teachers in private
5schools and tribal schools, except that teaching experience requirements for such
6certificates and licenses may be fulfilled by teaching experience in public, private,
7or tribal schools. An applicant is not eligible for a license
or certificate unless the
8state superintendent finds that the private school or tribal school in which the
9applicant taught offered an adequate educational program during the period of the
10applicant's teaching therein.
Private Except as provided in ss. 118.60 (2) (a) 6m. and
11119.23 (2) (a) 6m., private schools are not obligated to employ only licensed or
12certified teachers.
AB377,2
13Section
2. 118.016 (1) of the statutes, as affected by
2013 Wisconsin Act 20,
14is renumbered 118.016 (1) (a) and amended to read:
AB377,7,715
118.016
(1) (a) In the 2013-14 school year, each school board and the governing
16body of each charter school established under s. 118.40 (2r) shall, using the
17appropriate, valid, and reliable assessment of literacy fundamentals selected by the
1department, annually assess each pupil enrolled in 4-year-old kindergarten to first
2grade in the school district or in the charter school for reading readiness. Beginning
3in the 2014–15 school year, each school board and the governing body of each charter
4school established under s. 118.40 (2r) shall, using the appropriate, valid, and
5reliable assessment of literacy fundamentals selected by the department, annually
6assess each pupil enrolled in 4-year-old kindergarten to second grade in the school
7district or in the charter school for reading readiness.
AB377,7,10
8(c) The department shall ensure that the assessment
under this subsection 9evaluates whether a pupil possesses phonemic awareness and letter sound
10knowledge.
AB377,3
11Section
3. 118.016 (1) (b) of the statutes is created to read:
AB377,7,2212
118.016
(1) (b) In the 2014-15 school year, the governing body of each private
13school participating in a parental choice program under s. 118.60 or 119.23 shall,
14using the appropriate, valid, and reliable assessment of literacy fundamentals
15selected by the department, annually assess each pupil enrolled in 4-year-old
16kindergarten to first grade in the private school for reading readiness. Beginning in
17the 2015-16 school year, the governing body of each private school participating in
18a parental choice program under s. 118.60 or 119.23 shall, using the appropriate,
19valid, and reliable assessment of literacy fundamentals selected by the department,
20annually assess each pupil enrolled in 4-year-old kindergarten to second grade in
21the private school for reading readiness. This paragraph applies only to pupils
22attending the school under s. 118.60 or 119.23.
AB377,4
23Section
4. 118.016 (1g), (1r) and (2) of the statutes are amended to read:
AB377,8,3
1118.016
(1g) If a pupil is enrolled in a special education program under subch.
2V of ch. 115, the school board or operator of the charter school under s. 118.40 (2r)
3or private school under s. 118.60 or 119.23 shall comply with s. 115.77 (1m) (bg).
AB377,8,6
4(1r) The school board or governing body of the charter
or private school shall
5report the results of a pupil's assessment under sub. (1) to the pupil's parent or
6guardian.
AB377,8,10
7(2) The school board of the school district or governing body of the charter
or
8private school in which the pupil is enrolled shall provide a pupil whose assessment
9under sub. (1) indicates that he or she is at risk of reading difficulty with
10interventions or remedial reading services, as described under s. 121.02 (1) (c).
AB377,5
11Section
5. 118.19 (1) of the statutes is amended to read:
AB377,8,1612
118.19
(1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach
13in a public school, including a charter school,
in a private school participating in a
14parental choice program under s. 118.60 or 119.23, or in a school or institution
15operated by a county or the state shall first procure a license or permit from the
16department.
AB377,6
17Section
6. 118.30 (5m) of the statutes is amended to read:
AB377,8,2418
118.30
(5m) When determining the percentage of pupils participating in the
19program under s. 119.23 who performed at designated proficiency levels on the
20examinations administered as required under sub. (1s), the department shall
21consider only the pupils participating in the program under s. 119.23 to whom the
22examinations were administered at each grade level, and shall
not exclude from
23consideration those pupils participating in the program under s. 119.23 who were
24excused from taking the examinations under sub. (2) (b) 5.
AB377,7
25Section
7. 118.305 (1) (gm) of the statutes is created to read:
AB377,9,3
1118.305
(1) (gm) "Pupil" excludes pupils who are attending a private school
2participating in a parental choice program under s. 118.60 or 119.23 but not under
3the parental choice program.
AB377,8
4Section
8. 118.305 (1) (h) of the statutes is amended to read:
AB377,9,65
118.305
(1) (h) "School" means a public school, including a charter school
, and
6a private school participating in a parental choice program under s. 118.60 or 119.23.
AB377,9
7Section
9. 118.305 (3) (e) of the statutes is amended to read:
AB377,9,98
118.305
(3) (e) It does not constitute corporal punishment, as defined in s.
9118.31 (1)
(a).
AB377,10
10Section
10. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and
11amended to read:
AB377,9,1212
118.31
(1) (intro.) In this section
, "corporal:
AB377,9,18
13(a) "Corporal punishment" means the intentional infliction of physical pain
14which is used as a means of discipline. "Corporal punishment" includes, but is not
15limited to, paddling, slapping or prolonged maintenance of physically painful
16positions, when used as a means of discipline. "Corporal punishment" does not
17include actions consistent with an individualized education program developed
18under s. 115.787 or reasonable physical activities associated with athletic training.
AB377,11
19Section
11. 118.31 (1) (b) of the statutes is created to read:
AB377,9,2220
118.31
(1) (b) "Private school" means a private school, as defined in s. 115.001
21(3r), that is participating in any parental choice program under ss. 118.60 and
22119.23.
AB377,12
23Section
12. 118.31 (2) of the statutes is amended to read:
AB377,10,3
1118.31
(2) Except as provided in sub. (3), no official, employee
, or agent of a
2school board
or of a private school may subject a pupil enrolled in the school district
3or in the private school to corporal punishment.
AB377,13
4Section
13. 118.31 (3) (intro.) of the statutes is amended to read:
AB377,10,65
118.31
(3) (intro.) Subsection (2) does not prohibit an official, employee
, or
6agent of a school board
or of a private school from:
AB377,14
7Section
14. 118.31 (4) of the statutes is amended to read:
AB377,10,148
118.31
(4) Each school board
and each private school shall adopt a policy that
9allows any official, employee
, or agent of the school board
or private school to use
10reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining
11whether or not
a person an official, employee, or agent of a school board or of a private
12school was acting within the exceptions in sub. (3), deference shall be given to
13reasonable, good faith judgments made by
an the official, employee
, or agent
of a
14school board.
AB377,15
15Section
15. 118.31 (5) of the statutes is amended to read:
AB377,10,2116
118.31
(5) Except as provided in s. 939.61 (1), this section does not create a
17separate basis for civil liability of a school board
or of a private school or
their
18officials, employees or agents of an official, employee, or agent of the school board or
19private school for damages arising out of claims involving allegations of improper or
20unnecessary use of force by
a school
employees official, employee, or agent against
21students a pupil.
AB377,16
22Section
16. 118.31 (6) of the statutes is amended to read:
AB377,11,223
118.31
(6) Nothing in this section shall prohibit, permit
, or otherwise affect any
24action taken by an official, employee
, or agent of a school board
or private school with
1regard to a person who is not a pupil enrolled in the school district
or in the private
2school.
AB377,17
3Section
17. 118.33 (1) (f) 5. of the statutes is created to read:
AB377,11,84
118.33
(1) (f) 5. Beginning in the 2014-15 school year, the governing body of
5each private school participating in a parental choice program under s. 118.60 or
6119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting
7a high school diploma specified in pars. (a) and (b), with the exceptions provided in
8pars. (d) and (e).
AB377,11,1611
118.60
(2) (a) (intro.) Any pupil in grades kindergarten to 12 who resides within
12an eligible school district may attend any private school under this section and,
13subject to pars. (be)
, (bm), and (bs), any pupil in grades kindergarten to 12 who
14resides in a school district, other than an eligible school district or a 1st class city
15school district, may attend any private school under this section if all of the following
16apply:
AB377,12,219
118.60
(2) (a) 1. a. Except as provided in
par. (bm) subd. 1. am., the pupil is a
20member of a family that has a total family income that does not exceed an amount
21equal to 3.0 times the poverty level determined in accordance with criteria
22established by the director of the federal office of management and budget. In this
23subdivision and sub. (3m), family income includes income of the pupil's parents or
24legal guardians. The family income of the pupil shall be verified as provided in subd.
11. b. A pupil attending a private school under this section whose family income
2increases may continue to attend a private school under this section.
AB377,20
3Section
20. 118.60 (2) (a) 1. am. of the statutes is created to read:
AB377,12,124
118.60
(2) (a) 1. am. Beginning in the 2014-15 school year, the pupil is a
5member of a family that has a total family income that does not exceed an amount
6equal to 1.85 times the poverty level determined in accordance with criteria
7established by the director of the federal office of management and budget. In this
8subdivision and sub. (3m), family income includes income of the pupil's parents or
9legal guardians. The family income of the pupil shall be verified as provided in subd.
101. b. A pupil attending a private school under this section whose family income
11increases above the income level in this subd. 1. am. may continue to attend a private
12school under this section.
AB377,21
13Section
21. 118.60 (2) (a) 6m. of the statutes is created to read: