AB40: Bill Text

AB40,1751 Section 1751. 115.42 (2) (a) 5. of the statutes is created to read:

AB40,807,5 115.42 (2) (a) 5. If the person is licensed by the department as a master educator under s. PI 34.19, Wis. Adm. Code, he or she maintains a rating of "effective" or "highly effective" in the applicable educator effectiveness system, as determined by the department.

AB40,1752 Section 1752. 115.77 (1) of the statutes is amended to read:

AB40,807,10 115.77 (1) In sub. (1m) (a) to (d), except as provided in s. 118.51 (12) (a) and (b) 2., if a child with a disability is attending a public school in a nonresident school district under s. 115.7915, 118.51, or 121.84 (1) (a) or (4), "local educational agency" means the school district that the child is attending.

AB40,1753 Section 1753. 115.791 (4) of the statutes is amended to read:

AB40,807,17 115.791 (4) Subject to s. 115.77 (1m) (d) and (e), this section does not require a local educational agency to pay the cost of education, including special education and related services, of a child with a disability at a private school or facility, including a child with a disability attending a private school under s. 115.7915, if the local educational agency made a free appropriate public education available to the child and the child's parents elected to place the child in a private school or facility.

AB40,1754 Section 1754. 115.7915 of the statutes is created to read:

AB40,807,20 115.7915 Special Needs Scholarship Program. (1) Definition. In this section:

AB40,807,24 (a) "Eligible school" means a public school located in this state but outside the pupil's school district of residence; a charter school located in this state, including a charter school located in the pupil's school district of residence and a charter school under s. 118.40 (8); or a private school located in this state.

AB40,807,25 (b) "Services plan" has the meaning given in 34 CFR 300.37.

AB40,808,3 (1m) Scholarship requirements. Subject to sub. (1r), beginning in the 2013-14 school year, a child with a disability shall receive a scholarship under this section to attend an eligible school if all of the following apply:

AB40,808,8 (a) The school district in which the eligible public school is located, the eligible charter school, or the eligible private school notified the department of its intent to participate in the program under this section. The notice shall specify the number of pupils who may participate in the program under this section for whom the school has space.

AB40,808,16 (b) The school, if a private school, is approved by the state superintendent under s. 118.165 (2) or is accredited by the Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, the diocese or archdiocese within which the private school is located, or any other organization recognized by the National Council for Private School Accreditation as of the August 1 preceding the school term for which the scholarship is awarded.

AB40,808,18 (c) An individualized education program or services plan has been completed for the child.

AB40,808,22 (d) The child attended a public school, attended a charter school, attended a private school under s. 118.60 or 119.23, or did not attend school in this state, for the entire school year immediately preceding the school year for which the child first receives a scholarship under this section.

AB40,809,3 (e) The child, or the child's parent on behalf of the child, has submitted an application to the eligible school, on a form prepared by the department, for a scholarship under this section to attend the eligible school. The application shall include the document developed by the department under sub. (2) (a). An application may be made, and a child may begin attending an eligible school under this section, at any time during the school year.

AB40,809,5 (f) The child has been accepted by the school district in which the eligible public school is located, the eligible charter school, or the eligible private school.

AB40,809,9 (1r) Limit on number of scholarship recipients. The total number of scholarship recipients under this section in any school year may not exceed 5 percent of the total number of children with disabilities residing in this state in the previous school year, as determined by the department.

AB40,809,13 (1s) Acceptance of pupils. If an eligible school receives more applications under sub. (1m) (e) than the number of pupils specified in the notice under sub. (1m) (a), it shall select pupils on a random basis except that it may give preference to siblings of pupils who are already attending the eligible school.

AB40,809,18 (2) Department duties. (a) 1. The department shall develop, for inclusion with an application under sub. (1m) (e), a document, and revise it as necessary, comparing the rights of a child with a disability and of his or her parent under this subchapter, other than this section, and 20 USC 1400 to 1482, with the rights of a child with a disability and of his or her parent under this section and 20 USC 1400 to 1482.

AB40,809,23 2. Receipt by an applicant of the document developed under subd. 1., acknowledged in a format prescribed by the department, constitutes notice that the applicant has been informed of his or her rights under this section and 20 USC 1400 to 1482. Subsequent acceptance of a scholarship under this section constitutes the applicant's informed consent to the rights specified in the document.

AB40,810,3 (b) The governing body of an eligible school that accepts a child under sub. (1m) (f) shall notify the department. Upon being notified, the department shall do all of the following:

AB40,810,8 1. Notify the school board of the pupil's school district of residence that the pupil has been awarded a scholarship under this section. The school board shall, within 3 days of receiving the notice, provide the department and the governing body of the eligible school that accepted the pupil with a copy of the pupil's individualized education program.

AB40,810,10 2. Determine the amount of the pupil's scholarship. The amount shall be the lesser of the following:

AB40,810,17 a. Divide the sum of the statewide gross property tax levy for schools in the previous year and the total amount of general school aid appropriated under s. 20.255 (2) (ae), (ar), and (bb) in the previous fiscal year by the total statewide membership, as defined in s. 121.004 (5), in the previous school year, and add to the quotient the result obtained by dividing the amount appropriated under s. 20.255 (2) (b) in the previous fiscal year by the total full-time equivalent number of children with disabilities enrolled in public schools in the previous school year.

AB40,810,23 b. The cost to the school district in which the eligible public school is located, the eligible charter school, or the eligible private school of providing to the pupil regular instruction, instructional and pupil support services, special education and related services, supplementary aids and services, and operating and debt services costs per pupil, as described under s. 118.60 (4) (d), other than costs under s. 115.88 (3) and (4).

AB40,810,25 3. Prorate the amount determined under subd. 2. for a pupil attending an eligible school for less than a full school term.

AB40,811,2 4. Notify the parent of the scholarship amount, as determined under subd. 2. or 3., accompanied by an explanation of how the amount was determined.

AB40,811,10 5. On behalf of the pupil's parent, pay the scholarship to the school district, charter school, or private school that the pupil attends from the appropriation under s. 20.255 (2) (az), except that the department may not pay a scholarship to a private school unless the pupil's parent has acknowledged receiving the private school's profile under sub. (4) (g) in the manner provided by the department. Except as provided in sub. (3) (c), the scholarship continues while the pupil attends an eligible school until the pupil graduates from high school or until the end of the school term in which the pupil attains the age of 21, whichever comes first.

AB40,811,13 (3) School board duties. (a) Annually, each school board shall notify the parents of each child with a disability enrolled in the school district of the program under this section.

AB40,811,17 (b) Upon the request of a parent of a pupil receiving a scholarship, the pupil's resident school district shall administer the appropriate examinations under s. 118.30 to the pupil at no cost if the school attended by the pupil does not administer them.

AB40,811,23 (c) If a child attends a private school under this section, the school board of the child's school district of residence shall ensure that the child's individualized education program team reevaluates the child as provided in s. 115.782 (4). If the individualized education program team determines that the child is no longer a child with a disability, the child is ineligible to receive a scholarship under this section beginning in the school term following the determination.

AB40,812,2 (3m) Maintenance of effort. Whenever a pupil receives a scholarship under this section, the department and the school board of the pupil's school district of residence shall count the scholarship amount toward federal maintenance-of-effort requirements.

AB40,812,4 (4) Private school duties. Each private school participating in the program under this section shall do all of the following:

AB40,812,6 (a) Comply with all health and safety laws or codes that apply to private schools.

AB40,812,10 (b) Hold a valid certificate of occupancy, if required by the municipality in which the school is located or, if the municipality in which the school is located does not issue certificates of occupancy, obtain a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy.

AB40,812,11 (c) Comply with 42 USC 2000d.

AB40,812,15 (d) Conduct criminal background investigations of its employees and exclude from employment any person not permitted to hold a teaching license as the result of an offense and any person who might reasonably be believed to pose a threat to the safety of others.

AB40,812,22 (e) Annually submit to the department a school financial information report, prepared by a certified public accountant, that complies with uniform financial accounting standards established by the department by rule under s. 118.60 (11) (a). The report shall be accompanied by an auditor's statement that the report is free of material misstatements and fairly represents pupil costs. The report shall be limited in scope to those records that are necessary for the department to make payments to the private school.

AB40,812,25 (f) If the private school expects to receive at least $50,000 in scholarships under this section during a school year, do one of the following before the beginning of the school year:

AB40,813,3 1. File with the department a surety bond payable to the state in an amount equal to 25 percent of the total amount of scholarships expected to be received by the private school during the school year under this section.

AB40,813,7 2. File with the department financial information demonstrating that the private school has the ability to pay an amount equal to the total amount of scholarships expected to be received by the private school during the school year under this section.

AB40,813,12 (g) Provide to each applicant under sub. (1m) (e) a profile of the private school's special education program, in a form prescribed by the department, that includes the methods of instruction that will be used by the school to provide special education and related services to the child and the qualifications of the teachers and other persons who will be providing special education and related services to the child.

AB40,813,17 (h) 1. Implement the child's most recent individualized education program or services plan, as modified by agreement between the private school and the child's parent, and related services agreed to by the private school and the child's parent that are not included in the child's individualized education program or services plan.

AB40,813,21 2. Provide a record of the implementation of the child's individualized education program or services plan under subd. 1., including an evaluation of the child's progress, to the school board of the school district in which the child resides in the form and manner prescribed by the department.

AB40,813,23 (i) Regularly report to the parent of a pupil attending the private school and receiving a scholarship under this section on the pupil's progress.

AB40,814,3 (5) Transportation. (a) Private school. Section 121.54 applies to the transportation of a pupil to and from the private school he or she is attending under this section.

AB40,814,5 (b) Public school. Section 118.51 (14) applies to the transportation of a pupil to and from the public school he or she is attending under this section.

AB40,814,9 (6) Penalties. (a) The department may bar a school district, charter school, or private school from participating in the program under this section if the department determines that the school district, charter school, or private school has done any of the following:

AB40,814,11 1. Intentionally and substantially misrepresented information required under sub. (4).

AB40,814,12 2. Routinely failed to comply with the standards under sub. (4) (e) or (f).

AB40,814,14 3. Used a pupil's scholarship for any purpose other than educational purposes or rebated, refunded, or shared a pupil's scholarship with a parent or pupil.

AB40,814,16 4. Failed to refund to the state, in a timely manner, any scholarship overpayments.

AB40,814,22 (b) If the department bars a school district, charter school, or private school from participating in the program under this section, it shall notify all pupils eligible to participate in the program and their parents as quickly as possible. A pupil who is receiving a scholarship and attending a school district, charter school, or private school barred from the program may attend another participating school district, charter school, or private school under the scholarship.

AB40,814,25 (7) Study. (a) The legislative audit bureau shall contract for a study of the program under this section with one or more researchers who have experience evaluating school choice programs. The study shall evaluate all of the following:

AB40,815,2 1. The level of satisfaction with the program expressed by participating pupils and their parents.

AB40,815,5 2. The percentage of participating pupils who were victimized because of their special needs at their resident school district and the percentage of such pupils at their participating school.

AB40,815,8 3. The percentage of participating pupils who exhibited behavioral problems at their resident school district and the percentage of such pupils at their participating school.

AB40,815,10 4. The average class size at participating pupils' resident school districts and at their participating schools.

AB40,815,11 5. The fiscal impact of the program on the state and on resident school districts.

AB40,815,13 (b) The contract under par. (a) shall require the researchers who conduct the study to do all of the following:

AB40,815,15 1. Apply appropriate analytical and behavioral science methodologies to ensure public confidence in the study.

AB40,815,16 2. Protect the identity of participating schools and pupils.

AB40,815,19 (c) The contract under par. (a) shall require that the results of the study be reported to the appropriate standing committees of the legislature under s. 13.172 (3) by January 9, 2016.

AB40,815,21 (8) Rules. The department shall promulgate rules to implement and administer this section, including rules relating to all of the following:

AB40,815,23 (a) The eligibility and participation of eligible schools, including timelines that maximize pupil and school participation.

AB40,815,24 (b) The calculation and distribution of scholarships.

AB40,815,25 (c) The application and approval procedures for pupils and eligible schools.

AB40,816,4 (d) In a manner consistent with federal law, requiring the school board of a school district participating in the program under this section to spend its federal equitable share funds on children with disabilities who are enrolled by their parents in private schools other than under this section.

AB40,1755 Section 1755. 118.016 (1) of the statutes is amended to read:

AB40,816,17 118.016 (1) Beginning in In the 2012-13 and 2013-14 school year years, each school board and the governing body of each charter school established under s. 118.40 (2r) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in kindergarten in the school district or in the charter school for reading readiness. Beginning in the 2014–15 school year, each school board and the governing body of each charter school established under s. 118.40 (2r) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in grades kindergarten to 2 in the school district or in the charter school for reading readiness. The department shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge.

AB40,1756 Section 1756. 118.145 (4) of the statutes is amended to read:

AB40,816,24 118.145 (4) The school board of a school district operating high school grades shall allow a pupil enrolled in a private school, or a pupil enrolled in a tribal school, or a pupil enrolled in a home-based educational program, who has met the standards for admission to high school under sub. (1), to take up to 2 courses during each school semester if the pupil resides in the school district in which the public school is located and if the school board determines that there is sufficient space in the classroom.

AB40,1757 Section 1757. 118.19 (13) of the statutes is repealed.

AB40,1758 Section 1758. 118.19 (16) of the statutes is created to read:

AB40,817,6 118.19 (16) The department shall ensure that teaching experience gained while a person held an emergency permit issued by the department under s. PI 34.21 (2), Wis. Adm. Code, counts toward fulfillment of the teaching experience requirement for a license based on experience under s. PI 34.195 (2), Wis. Adm. Code, or for a license in a school administrator category under s. PI 34.32, Wis. Adm. Code.

AB40,1759 Section 1759. 118.30 (1) of the statutes is amended to read:

AB40,817,10 118.30 (1) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and, 9th, 10th, and 11th grades.

AB40,1760 Section 1760. 118.30 (1m) (ar) of the statutes is created to read:

AB40,817,15 118.30 (1m) (ar) Except as provided in sub. (7), beginning in the 2014-15 school year, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 9th grade.

AB40,1761 Section 1761. 118.30 (1m) (c) of the statutes is created to read:

AB40,817,20 118.30 (1m) (c) Except as provided in sub. (7), beginning in the 2014-15 school year, administer the 11th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 11th grade.

AB40,1762 Section 1762. 118.30 (1r) (ar) of the statutes is created to read:

AB40,817,24 118.30 (1r) (ar) Beginning in the 2014-15 school year, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the charter school in the 9th grade.

AB40,1763 Section 1763. 118.30 (1r) (c) of the statutes is created to read:

AB40,818,3 118.30 (1r) (c) Beginning in the 2014-15 school year, administer the 11th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils enrolled in the charter school in the 11th grade.

AB40,1764 Section 1764. 118.30 (1s) (a) 2m. of the statutes is created to read:

AB40,818,7 118.30 (1s) (a) 2m. Beginning in the 2014-15 school year, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 9th grade in the private school under s. 119.23.

AB40,1765 Section 1765. 118.30 (1s) (a) 3m. of the statutes is created to read: