AB40: Bill Text

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.

AB40,1886 Section 1886. 121.08 (4) (br) of the statutes is amended to read:

AB40,856,25 121.08 (4) (br) The amount of state aid that an eligible school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall also be reduced by the amount calculated by multiplying the amounts paid under s. 118.60 (4) and (4m) in the first school year that begins after a school district is identified as an eligible school district under s. 118.60 (1m) (b) 1. and qualifies as an eligible school district under s. 118.60 (2) (bg) or 2011 Wisconsin Act 32, section 9137 (3u), and in each school year thereafter by 38.4 percent.

AB40,1887 Section 1887. 121.08 (4) (d) of the statutes is amended to read:

AB40,857,3 121.08 (4) (d) The state superintendent shall ensure that the total amount of aid reduction under pars. (a), (b), and (br) this subsection lapses to the general fund.

AB40,1888 Section 1888. 121.105 (3) of the statutes is amended to read:

AB40,857,19 121.105 (3) In the school year in which a school district consolidation takes effect under s. 117.08 or 117.09 and in each of the subsequent 4 school years, the consolidated school district's state aid shall be an amount that is not less than the aggregate state aid to which the consolidating school districts were eligible in the school year prior to the school year in which the consolidation takes effect. In the 5th school year following the school year in which the consolidation took effect, the consolidated school district's state aid shall be an amount that is not less than 66 percent of the aggregate state aid to which the consolidating school districts were eligible in the school year prior to the school year in which the consolidation took effect. In the 6th school year following the school year in which the consolidation took effect, the consolidated school district's state aid shall be an amount that is not less than 33 percent of the aggregate state aid to which the consolidating school districts were eligible in the school year prior to the school year in which the consolidation took effect. The additional state aid shall be paid from the appropriation under s. 20.255 (2) (ac).

AB40,1889 Section 1889. 121.54 (2) (c) of the statutes is amended to read:

AB40,858,8 121.54 (2) (c) An annual or special meeting of a common or union high school district, or the school board of a unified school district, may elect to provide transportation for pupils who are not required to be transported under this section, including pupils attending public school under s. 118.145 (4) or 118.53. Transportation may be provided for all or some of the pupils who reside in the school district to and from the public school they are entitled to attend or the private school, within or outside the school district, within whose attendance area they reside. If transportation is provided for less than all such pupils there shall be reasonable uniformity in the minimum distance that pupils attending public and private schools will be transported. Except for elementary school districts electing to furnish transportation under par. (b) 2., this paragraph does not permit a school district operating only elementary grades to provide transportation for pupils attending private schools.

AB40,1890 Section 1890. 121.54 (3) of the statutes is amended to read:

AB40,858,20 121.54 (3) Transportation for children with disabilities. Every Except as provided in s. 115.7915 (5), every school board shall provide transportation for children with disabilities, as defined in s. 115.76 (5), to any public or private elementary or high school, to the school operated by the Wisconsin Center for the Blind and Visually Impaired or the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or to any special education program for children with disabilities sponsored by a state tax-supported institution of higher education, including a technical college, regardless of distance, if the request for such transportation is approved by the state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this subsection.

AB40,1891 Section 1891. 121.58 (2) (a) 4. of the statutes is amended to read:

AB40,858,25 121.58 (2) (a) 4. For each pupil so transported whose residence is more than 12 miles from the school attended, $180 per school year in the 2006-07 school year and $220 per school year in the 2012-13 school year and $275 per school year thereafter.

AB40,1892 Section 1892. 121.83 (1) (a) 2. of the statutes is amended to read:

AB40,859,4 121.83 (1) (a) 2. If the agency of service counts the pupil under s. 121.05 (1) (a) or (2), or on an alternate counting date under s. 121.05 (3) or (3m), state general aid shall be subtracted.

AB40,1893 Section 1893. 121.90 (1) (intro.) of the statutes is amended to read:

AB40,859,12 121.90 (1) (intro.) "Number of pupils enrolled" means the number of pupils enrolled on the 3rd Friday of September, including pupils identified in s. 121.05 (1) (a) 1. to 11. and 13. and pupils enrolled and counted on an alternate counting date under s. 121.05 (3) or (3m), and the number of pupils attending the Challenge Academy program under s. 321.03 (1) (c) in the previous spring session, except that "number of pupils enrolled" excludes the number of pupils attending public school under s. ss. 118.145 (4) and 118.53 and except as follows:

AB40,1894 Section 1894. 125.06 (11) of the statutes is amended to read:

AB40,859,19 125.06 (11) Auction sales. The sale by an auction house at public auction of a collection of sealed bottles of intoxicating liquor or unopened beer cans for the purpose of settling an estate or disposing of the collection or the auction sale of sealed bottles or containers of wine or of unopened bottles of intoxicating liquor or fermented malt beverages by a charitable organization, as defined in s. 440.41 202.11 (1), at an auction held to raise money for the charitable organization.

AB40,1895 Section 1895. 134.73 (1) (a) of the statutes is amended to read:

AB40,859,21 134.73 (1) (a) "Contribution" has the meaning given in s. 440.41 202.11 (5).

AB40,1896 Section 1896. 134.73 (1) (c) of the statutes is amended to read:

AB40,859,23 134.73 (1) (c) "Solicit" has the meaning given in s. 440.41 202.11 (8).

AB40,1897 Section 1897. 139.30 (7) of the statutes is amended to read:

AB40,860,7 139.30 (7) "Manufacturer" means any person who manufactures cigarettes for the purpose of sale, including the authorized agent of a person who manufactures cigarettes for the purpose of sale. "Manufacturer" includes a person who owns an automated roll-your-own machine that is used to make cigarettes, but does not include an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.

AB40,1898 Section 1898. 146.45 of the statutes is repealed.

AB40,1899 Section 1899. 146.63 of the statutes is created to read:

AB40,860,11 146.63 Grants to establish graduate medical training programs. (1) Definition. In this section, "hospital" has the meaning given under s. 50.33 (2).

AB40,860,18 (2) Departmental duties. (a) Subject to subs. (4) and (5), the department shall distribute grants from the appropriation under s. 20.435 (1) (fj) to assist hospitals and groups of hospitals in procuring infrastructure and increasing case volume to the extent necessary to develop accredited graduate medical training programs. The department shall distribute the grants under this paragraph to hospitals and groups of hospitals that apply to receive a grant under sub. (3) and that satisfy the criteria established by the department under par. (b).

AB40,860,20 (b) The department shall establish criteria for approving and distributing grants under par. (a) and criteria for approving plans under sub. (3).

AB40,861,2 (3) Grant application. A hospital or group of hospitals may apply, in the form and manner determined by the department, to receive a grant under sub. (2) (a). The hospital or group of hospitals shall include in the application a plan to use the funds to procure infrastructure or increase case volume to the extent necessary to develop an accredited graduate medical training program at the hospital or group of hospitals and a plan to satisfy the matching requirement under sub. (4).

AB40,861,5 (4) Matching funds. The department may not distribute a grant under sub. (2) (a) unless the hospital or group of hospitals offers to provide matching funds in an amount determined by the department.

AB40,861,7 (5) Term of grants. The department may not distribute a grant under sub. (2) (a) to a hospital or group of hospitals for a term that is more than 3 years.

AB40,1900 Section 1900. 146.64 of the statutes is created to read:

AB40,861,10 146.64 Grants to support graduate medical training programs. (1) Definition. In this section, "hospital" has the meaning given under s. 50.33 (2).