AB40: Bill Text

AB40,842,20 118.60 (2) (bg) 1. No pupil who resides in a school district identified as an eligible school district under sub. (1m) (b) 1. may attend a private school under this section until that school district qualifies as an eligible school district under this paragraph. A school district qualifies as an eligible school district under this paragraph if no later than August 15 immediately following the date on which the department identified the school district as an eligible school district under sub. (1m) (b) 1., at least 20 pupils who reside in the school district apply to attend a private school under this section and simultaneously notify the department that they have applied to attend a private school under this section. Pupils applying to attend a private school that is a first-time participant in the program under this section and that has not obtained preaccreditation as required under par. (a) 7. may not be counted towards the 20 pupils required for an eligible school district to qualify as an eligible school district under this section.

AB40,842,25 2. The department shall, no later than 5 days after receiving notice from private schools regarding acceptance of pupils as required under sub. (3) (a), determine whether any school district identified as an eligible school district under sub. (1m) (b) 1. qualifies as an eligible school district under this paragraph, and shall publish on the department's Internet site a list of any such qualifying eligible school districts.

AB40,843,2 3. A school district that qualifies as an eligible school district under this paragraph shall remain qualified under this paragraph.

AB40,1846 Section 1846. 118.60 (2) (br) of the statutes is created to read:

AB40,843,11 118.60 (2) (br) 1. In the 2013-14 school year, no more than a total of 500 pupils residing in school districts identified as eligible school districts under sub. (1m) (b) 1. and qualifying as eligible school districts under par. (bg) may attend private schools under this section. In this paragraph, the number of pupils means the number of pupils as counted under s. 121.004 (7). Participating private schools shall give priority to pupils who were eligible for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b) in the immediately preceding school year.

AB40,843,16 2. In the 2014-15 school year, no more than a total of 1,000 pupils residing in school districts identified as eligible school districts under sub. (1m) (b) 1. and qualifying as eligible school districts under par. (bg) may attend private schools under this section. Participating private schools shall give priority to pupils who attended a private school under subd. 1.

AB40,844,3 3. Whenever the state superintendent determines that the limit is reached under subd. 1. or 2., he or she shall issue an order prohibiting the participating private schools from accepting additional pupils from school districts identified as eligible school districts under sub. (1m) (b) 1. and qualifying as eligible school districts under par. (bg) until he or she determines that the number of pupils attending private schools under this section from those school districts has fallen below the limit. If the number of pupils attending private schools under this section falls below the limit under this paragraph, the state superintendent shall issue an order notifying participating private schools that they may begin accepting additional pupils from those school districts, and, notwithstanding sub. (3) (a), participating private schools that wish to accept additional pupils under this section shall accept pupils as follows:

AB40,844,7 a. The private school shall give first priority to pupils in a school district identified as an eligible school district under sub. (1m) (b) 1. and qualifying as an eligible school district under sub. (2) (bg) who are attending a private school under this section.

AB40,844,9 b. The private school shall give 2nd priority to the siblings of pupils who are attending a private school under this section from that school district.

AB40,844,11 c. The private school shall give 3rd priority to pupils selected at random under a procedure established by the department by rule.

AB40,1847 Section 1847. 118.60 (3) (a) of the statutes is renumbered 118.60 (3) (a) (intro.) and amended to read:

AB40,845,6 118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. Within 60 days after receiving the application, the private school shall notify each applicant, in writing, whether his or her application has been accepted, except that in the first school year in which a school district is identified as an eligible school district under sub. (1m) (b) 1., a private school that has notified the department of its intent to participate in the program under this section as required under sub. (2) (a) 3. c. shall notify each applicant, in writing, whether his or her application has been accepted within 7 days after receiving the application, and shall simultaneously notify the department whether the pupil has been accepted. If the private school rejects an application, the notice shall include the reason. A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis. any of the following:

AB40,1848 Section 1848. 118.60 (3) (a) 1. to 3. of the statutes are created to read:

AB40,845,9 118.60 (3) (a) 1. Pupils who attended the private school during the school year prior to the school year for which the application is being made.

AB40,845,13 2. Siblings of pupils who attended the private school during the school year prior to the school year for which the application is being made and to siblings of pupils who have been accepted to the private school for the school year for which the application is being made.

AB40,845,16 3. Pupils who attended another private school under this section or s. 119.23 during the school year prior to the school year for which the application is being made.

AB40,1849 Section 1849. 118.60 (4) (b) of the statutes is repealed.

AB40,1850 Section 1850. 118.60 (4) (bg) of the statutes is renumbered 118.60 (4) (bg) 1. and amended to read:

AB40,846,2 118.60 (4) (bg) 1. In the 2011-12 and 2012-13 2013-14 school years year, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or $6,442, whichever is less.

AB40,1851 Section 1851. 118.60 (4) (bg) 2. of the statutes is created to read:

AB40,846,12 118.60 (4) (bg) 2. In the 2014-15 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), the lesser of an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or an amount either of $7,050, if the pupil is enrolled in a grade from kindergarten to 8, or of $7,856, if the pupil is enrolled in a grade from 9 to 12.

AB40,1852 Section 1852. 118.60 (4) (d) (intro.) of the statutes is amended to read:

AB40,846,16 118.60 (4) (d) (intro.) In determining a private school's operating and debt service cost per pupil under par. (b) 1. (bg) and sub. (4m) (a), the department shall do all of the following:

AB40,1853 Section 1853. 118.60 (4r) (a) of the statutes is amended to read:

AB40,846,19 118.60 (4r) (a) Multiply the amount determined under sub. (4) (b) or (bg) by 0.616.

AB40,1854 Section 1854. 118.60 (4s) of the statutes is created to read:

AB40,846,24 118.60 (4s) Notwithstanding subs. (4), (4m), and (4r), a pupil attending a private school participating in the program under this section who is receiving a scholarship under s. 115.7915 shall not be counted as a pupil attending the private school under this section under sub. (4), (4m), or (4r).

AB40,1855 Section 1855. 118.60 (5) of the statutes is amended to read:

AB40,847,4 118.60 (5) The state superintendent shall ensure that pupils and parents and guardians of pupils who reside in an eligible school district are informed annually of the private schools participating in the program under this section and in the program under s. 119.23.

AB40,1856 Section 1856. 118.60 (7) (am) 1. of the statutes is amended to read:

AB40,847,16 118.60 (7) (am) 1. An independent financial audit of the private school conducted by an independent certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents pupil costs under sub. (4) (b) 1 (bg). The audit under this subdivision shall be limited in scope to those records that are necessary for the department to make payments under subs. (4) and (4m). The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants.

AB40,1857 Section 1857. 118.60 (10) (a) 3. of the statutes is amended to read:

AB40,847,20 118.60 (10) (a) 3. Failed to refund to the state any overpayment made under s. 118.60 (4) (b), 2011 stats., or s. 118.60 (4) (bg), 2011 stats., or under sub. (4) (b) or (bg) or (4m) by the date specified by department rule.

AB40,1858 Section 1858. 119.04 (1) of the statutes is amended to read:

AB40,848,6 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.53, 118.55, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

AB40,1859 Section 1859. 119.23 (2) (a) 3. of the statutes is amended to read:

AB40,848,17 119.23 (2) (a) 3. Except as provided in subd. 3m. b., the private school notified the state superintendent of its intent to participate in the program under this section or in the program under s. 118.60, and paid a the nonrefundable annual fee set by the department, by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section and in the program under s. 118.60 for which the school has space. The department shall by rule set the fee charged under this subdivision at an amount such that the total fee revenue covers the costs of employing one full-time auditor to evaluate the financial information submitted by private schools under sub. (7) (am) and (d) 2. and 3. and under s. 118.60 (7) (am) and (d) 2. and 3.

AB40,1860 Section 1860. 119.23 (2) (a) 7. b. of the statutes is amended to read:

AB40,849,23 119.23 (2) (a) 7. b. Subject to subd. 7. c. and d., for a private school that is a first-time participant in the program under this section or in the program under s. 118.60 on or after July 1, 2009, and that is not accredited as provided under subd. 7. a., the private school obtains preaccreditation by the Institute for the Transformation of Learning at Marquette University, Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, or the diocese or archdiocese within which the private school is located by August 1 before the first school term of participation in the program under this section that begins after July 1, 2009, July 1, 2013; by August 15 before the first school term of participation in the program under s. 118.60 that begins in the first school year that begins after a school district is identified as an eligible school district under s. 118.60 (1m) (b); or by May 1 if the private school begins participating in the program under this section or in the program under s. 118.60 during summer school. In any school year, a private school may apply for and seek to obtain preaccreditation from only one of the entities enumerated in this subd. 7. b. A private school that fails to obtain accreditation in a school year may apply for and seek to obtain preaccreditation from one of the entities enumerated in this subd. 7. b. in the following school year. The private school shall achieve accreditation by Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, 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, by December 31 of the 3rd school year following the first school year that begins after July 1, 2009, in which it participates in the program under this section or in the program under s. 118.60. If the private school is accredited under this subd. 7. b., the private school is not required to obtain preaccreditation as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

AB40,1861 Section 1861. 119.23 (2) (a) 7. c. of the statutes is amended to read:

AB40,850,9 119.23 (2) (a) 7. c. On or after July 1, 2009, a private school participating or seeking to participate in the program under this section or in the program under s. 118.60 may not apply for accreditation by the Institute for the Transformation of Learning at Marquette University, except that a private school that has applied for accreditation to the Institute for the Transformation of Learning at Marquette University before July 1, 2009, may complete the accreditation process with the Institute for the Transformation of Learning at Marquette University, and may seek renewal of accreditation from the Institute for the Transformation of Learning at Marquette University.

AB40,1862 Section 1862 . 119.23 (3) (a) of the statutes is renumbered 119.23 (3) (a) (intro.) and amended to read:

AB40,850,23 119.23 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. Within 60 days after receiving the application, the private school shall notify each applicant, in writing, whether his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis. to any of the following:

AB40,1863 Section 1863. 119.23 (3) (a) 1. to 3. of the statutes are created to read:

AB40,851,2 119.23 (3) (a) 1. Pupils who attended the private school during the school year prior to the school year for which the application is being made.

AB40,851,6 2. Siblings of pupils who attended the private school during the school year prior to the school year for which the application is being made and to siblings of pupils who have been accepted to the private school for the school year for which the application is being made.

AB40,851,9 3. Pupils who attended another private school under this section or s. 118.60 during the school year prior to the school year for which the application is being made.

AB40,1864 Section 1864. 119.23 (4) (b) of the statutes is repealed.

AB40,1865 Section 1865. 119.23 (4) (bg) of the statutes is renumbered 119.23 (4) (bg) 1. and amended to read:

AB40,851,19 119.23 (4) (bg) 1. In the 2011-12 and 2012-13 2013-14 school years year, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fu), an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or $6,442, whichever is less.

AB40,1866 Section 1866. 119.23 (4) (bg) 2. of the statutes is created to read:

AB40,852,4 119.23 (4) (bg) 2. In the 2014-15 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fu), the lesser of an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or an amount either of $7,050, if the pupil is enrolled in a grade from kindergarten to 8, or of $7,856, if the pupil is enrolled in a grade from 9 to 12.

AB40,1867 Section 1867. 119.23 (4) (d) (intro.) of the statutes is amended to read:

AB40,852,8 119.23 (4) (d) (intro.) In determining a private school's operating and debt service cost per pupil under par. (b) 1. (bg) and sub. (4m) (a), the department shall do all of the following:

AB40,1868 Section 1868. 119.23 (4r) (a) 1. of the statutes is repealed.

AB40,1869 Section 1869. 119.23 (4r) (a) 2. of the statutes is renumbered 119.23 (4r) (a) and amended to read:

AB40,852,13 119.23 (4r) (a) In the 2010-11 school year and in any school year thereafter, multiply Multiply the amount determined under sub. (4) (b) or (bg) by 0.616.

AB40,1870 Section 1870. 119.23 (4s) of the statutes is created to read:

AB40,852,18 119.23 (4s) Notwithstanding subs. (4), (4m), and (4r), a pupil attending a private school participating in the program under this section who is receiving a scholarship under s. 115.7915 shall not be counted as a pupil attending the private school under this section under sub. (4), (4m), or (4r).

AB40,1871 Section 1871. 119.23 (5) of the statutes is amended to read:

AB40,852,23 119.23 (5) The state superintendent shall ensure that pupils and parents and guardians of pupils who reside in the city are informed annually of the private schools participating in the program under this section and in the program under s. 118.60.

AB40,1872 Section 1872. 119.23 (6m) (b) 3. d. of the statutes is amended to read:

AB40,853,2 119.23 (6m) (b) 3. d. To the extent permitted under 20 USC 1232g and 43 CFR part 99, pupil scores on all standardized tests administered under sub. (7) (e) 1.

AB40,1873 Section 1873. 119.23 (7) (am) 1. of the statutes is amended to read:

AB40,853,14 119.23 (7) (am) 1. An independent financial audit of the private school conducted by an independent certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents pupil costs under sub. (4) (b) 1 (bg). The audit under this subdivision shall be limited in scope to those records that are necessary for the department to make payments under subs. (4) and (4m). The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants.

AB40,1874 Section 1874. 119.23 (7) (e) 1. of the statutes is renumbered 119.23 (7) (e) and amended to read:

AB40,854,2 119.23 (7) (e) In the 2009-10 school year, each private school participating in the program under this section shall administer a nationally normed standardized test in reading, mathematics, and science to pupils attending the school under the program in the 4th, 8th, and 10th grades. Beginning in the 2010-11 school year and annually thereafter, each Each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1s) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils. Beginning in 2006 and annually thereafter until 2011, the private school shall provide the scores of all standardized tests and examinations that it administers under this subdivision to the School Choice Demonstration Project.

AB40,1875 Section 1875. 119.23 (7) (e) 2. of the statutes is repealed.

AB40,1876 Section 1876. 119.23 (10) (a) 3. of the statutes is amended to read:

AB40,854,7 119.23 (10) (a) 3. Failed to refund to the state any overpayment made under s. 119.23 (4) (b), 2011 stats., or s. 119.23 (4) (bg), 2011 stats., or under sub. (4) (b) or (bg) or (4m) by the date specified by department rule.

AB40,1877 Section 1877. 120.12 (2r) of the statutes is created to read:

AB40,854,14 120.12 (2r) School performance incentive program. By September 1, 2014, establish a policy for the distribution of funding awarded to a school located in the district and eligible to receive an award under s. 115.40. The school board may not, in the policy established under this subsection, prescribe the manner in which funds awarded to a school under s. 115.40 are to be used by the school, but may identify and prioritize goals and objectives towards which the funds may be applied.

AB40,1878 Section 1878. 121.004 (7) (em) of the statutes is created to read:

AB40,854,18 121.004 (7) (em) A pupil attending public school under s. 118.53 shall be counted as 0.25 pupil for each course the pupil attends at the public school during the school year.

AB40,1879 Section 1879. 121.02 (1) (a) 2. of the statutes is amended to read:

AB40,855,2 121.02 (1) (a) 2. Subject to s. 118.40 (8) (b) 2. and 3., ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. For purposes of this subdivision, a virtual charter school is located in the school district specified in s. 118.40 (8) (a) and a charter school established under s. 118.40 (3) (c) 1. c. is located in the school district specified in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules defining "instructional staff" for purposes of this subdivision.

AB40,1880 Section 1880. 121.05 (1) (a) 4. of the statutes is created to read:

AB40,855,5 121.05 (1) (a) 4. Pupils residing in the school district but attending a public school in another school district, or a private school, under s. 115.7915.

AB40,1881 Section 1881. 121.05 (1) (a) 12m. of the statutes is created to read:

AB40,855,7 121.05 (1) (a) 12m. Pupils attending a public school under s. 118.53.

AB40,1882 Section 1882. 121.05 (3m) of the statutes is created to read:

AB40,855,13 121.05 (3m) If pupils enrolled in a school will not be in attendance at the school on any of the dates specified in sub. (1) (a) or (2) because of a regularly scheduled holiday or for a reason approved by the school board, the state superintendent shall permit the membership counting date to occur on the 3rd weekday that follows the next school day on which school is in session.

AB40,1883 Section 1883. 121.07 (6) (e) 1. of the statutes is amended to read:

AB40,855,23 121.07 (6) (e) 1. For a school district created by a consolidation under s. 117.08 or 117.09, in the school year in which the consolidation takes effect and in each of the subsequent 4 school years, the amounts under pars. (b) and (d) shall be multiplied by 1.15 and rounded to the next lowest dollar. In the 5th school year following the school year in which the consolidation took effect, the amounts under pars. (b) and (d) shall be multiplied by 1.10 and rounded to the next lower dollar. In the 6th school year following the school year in which the consolidation took effect, the amounts under pars. (b) and (d) shall be multiplied by 1.05 and rounded to the next lower dollar.

AB40,1884 Section 1884. 121.07 (7) (e) 1. of the statutes is amended to read:

AB40,856,9 121.07 (7) (e) 1. For a school district created by a consolidation under s. 117.08 or 117.09, in the school year in which the consolidation takes effect and in each of the subsequent 4 school years, the amounts under pars. (a) to (bm) shall be multiplied by 1.15 and rounded to the next lower dollar. In the 5th school year following the school year in which the consolidation took effect, the amounts under pars. (a) to (bm) shall be multiplied by 1.10 and rounded to the next lower dollar. In the 6th school year following the school year in which the consolidation took effect, the amounts under pars. (a) to (bm) shall be multiplied by 1.05 and rounded to the next lower dollar.

AB40,1885 Section 1885. 121.08 (4) (am) of the statutes is created to read:

AB40,856,17 121.08 (4) (am) The amount of state aid that a school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac) in any school year shall be reduced by the total amount of scholarships paid by the department under s. 115.7915 in that school year for pupils who reside in the school district. The department shall ensure that the amount of the aid reduction under this paragraph does not affect the amount determined to be received by a school district as state aid under this section for any other purpose.