Wisconsin Legislature: 55,3224m

c. Determine the number of pupils residing in the school district for whom a payment is made under par. (e) in that school year.

d. Multiply the number of pupils under subd. 1. c. by the per pupil amount paid under par. (e) for that school year.

e. Sum the amounts calculated under subd. 1. b. and d.

2. If the state aid payment under s. 121.08 is insufficient to cover the reduction under subd. 1., as determined under s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount.

3. The department shall ensure that the decrease under subd. 1. does not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

(5) 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.

(b) Upon the request of a parent of a child receiving a scholarship under this section, the child's resident school board shall administer the appropriate examinations under s. 118.30 to the child at no cost if the private school the child attends does not administer them.

(c) The resident school board of a child receiving a scholarship under this section shall ensure that the child's individualized education program team reevaluates the child as provided in s. 115.782 (4).

(6) Private school duties. Each private school participating in the program under this section or receiving a payment under sub. (4m) shall do all of the following:

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

(b) Hold a valid certificate of occupancy, if required by the municipality in which the school is located. If the municipality in which the school is located does not issue certificates of occupancy, the private school shall obtain a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy or submit to the department a letter or form from the municipality in which the private school is located that explains that the municipality does not issue certificates of occupancy.

(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.

(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. 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.

(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:

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.

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.

(g) Provide to each applicant under sub. (2) (f) 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.

(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.

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.

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

(7) Transportation. Section 121.54 applies to the transportation of a child to and from the private school he or she is attending under a scholarship awarded under this section.

(8) Penalties. (a) The department may bar a private school from participating in the program under this section if the department determines that the private school has done any of the following:

1. Intentionally and substantially misrepresented information required under sub. (6).

2. Routinely failed to comply with the standards under sub. (6) (e) or (f).

3. Used a child's scholarship for any purpose other than educational purposes or rebated, refunded, or shared a child's scholarship with a child or a child's parent or guardian.

4. Failed to refund to the state, within 60 days, any scholarship overpayments.

(b) If the department bars a private school from participating in the program under this section, it shall notify all children eligible to participate in the program and their parents as quickly as possible. A child who is receiving a scholarship and attending a private school barred from the program may continue to receive the scholarship if the child attends another participating private school.

(9) 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:

1. The level of satisfaction with the program expressed by participating children and their parents.

2. The percentage of participating children who were victimized because of their special needs at their resident school district and the percentage of such children at their participating school.

3. The percentage of participating children who exhibited behavioral problems at their resident school district and the percentage of such children at their participating school.

4. The average class size at participating children's resident school districts and at their participating schools.

5. The fiscal impact of the program on the state and on resident school districts.

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

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

2. Protect the identity of participating schools and children.

(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, 2019.

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

(a) The eligibility and participation of eligible schools, including timelines that maximize child and school participation.

(b) The calculation and distribution of scholarships.

55,3225 Section 3225. 115.792 (1) (b) of the statutes is amended to read:

115.792 (1) (b) The local educational agency shall establish and maintain procedures to ensure that a child's parents are provided prior written notice whenever the local educational agency proposes to initiate or change, or refuses to initiate or change, the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child. In this paragraph, "local educational agency" includes the nonresident school district that a child is attending under s. 118.50, 118.51, or 121.84 (1) (a) or (4).

55,3226 Section 3226. 115.792 (3) (a) of the statutes is amended to read:

115.792 (3) (a) In this subsection, "local educational agency" includes the nonresident school district that a child is attending under s. 118.50, 118.51, or 121.84 (1) (a) or (4).

55,3227 Section 3227. 115.80 (8) of the statutes is amended to read:

115.80 (8) Except as provided in 20 USC 1415 (k), during the pendency of any proceedings under this section, the local educational agency may not change the educational placement of a child unless the child's parents agree to the change. If the child is applying for initial admission to a public school, the child shall, with the consent of the child's parents, be placed in the public school program until all proceedings under this section have been completed. In this subsection, "local educational agency" includes the nonresident school district that a child is attending under s. 118.50, 118.51, or 121.84 (1) (a) or (4).

55,3228 Section 3228. 115.82 (2) (c) of the statutes is created to read:

115.82 (2) (c) If the child is attending a public school in a nonresident school district under s. 118.50, the school district specified to do so in the whole grade sharing agreement shall provide transportation.

55,3228g Section 3228g. 115.88 (1m) (am) of the statutes is amended to read:

115.88 (1m) (am) Subject to par. (b), if the operator of a charter school established under s. 118.40 (2r) or (2x) operates a special education program and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for salaries of full-time or part-time licensed teachers, licensed coordinators of special education, school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class and any other personnel, as determined by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The state superintendent may audit costs under this paragraph and adjust reimbursement to cover only actual, eligible costs.

55,3228k Section 3228k. 115.88 (2m) of the statutes is amended to read:

115.88 (2m) Other transportation aid. If the operator of a charter school established under s. 118.40 (2r) or (2x) or established as a noninstrumentality charter school under s. 118.40 (2m) transports children with disabilities and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.

55,3229 Section 3229. 115.88 (8) of the statutes is amended to read:

115.88 (8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under s. 118.50, 118.51, or 121.84 (1) (a) or (4) a sum equal to the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

55,3229c Section 3229c. 115.88 (9) of the statutes is amended to read:

115.88 (9) Distribution schedule. Each county, cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x) and school district entitled to state aid under this section shall receive 15% of its total aid entitlement in each month from November to March and 25% of its total entitlement in June.

55,3229f Section 3229f. 115.881 (1) of the statutes is amended to read:

115.881 (1) A school board, board of control of a cooperative educational service agency, county children with disabilities education board, or operator of a charter school established under s. 118.40 (2r) or (2x) may apply to the department for aid under this section if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs were not eligible for reimbursement under s. 115.88, 115.93, or 118.255, 20 USC 1400 et seq., or federal medicaid.

55,3229h Section 3229h. 115.881 (2) of the statutes is amended to read:

115.881 (2) For each child whose costs exceeded $30,000 under sub. (1), the department shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the current school year an amount equal to 0.90 0.70 multiplied by that portion of the cost under sub. (1) that exceeded $30,000.

55,3229j Section 3229j. 115.883 (1m) of the statutes is created to read:

115.883 (1m) If, in the 2015-16 school year, a school district is not eligible for aid under sub. (1), the department shall, from the appropriation under s. 20.255 (2) (be) and in the manner specified under sub. (2) (a) for school districts eligible for aid under sub. (1), pay supplemental special education aid to the school district if all of the following apply:

(a) In the 2014-15 school year, the school district's revenue authority per pupil under subch. VII of ch. 121 was below the statewide average.

(b) In the 2014-15 school year, the school district's membership, as defined in s. 121.004 (5), was less than 2,000 pupils.

(d) In the 2013-14 school year, the school district experienced a natural disaster, including a fire, that caused the school district's total costs to increase such that the school district's expenditures for special education constituted less than 16 percent of the school district's total expenditures in the 2014-15 school year.

55,3229m Section 3229m. 115.883 (2) of the statutes is renumbered 115.883 (2) (a) and amended to read:

115.883 (2) (a) In the 2008-09 school year, the department shall pay each school district eligible for aid under this section the same amount. In each school year thereafter, the department shall distribute aid under this section to eligible school districts proportionally based upon each school district's expenditures for special education in the previous school year, except that in any school year a school district, other than a school district described in par. (b), may receive not less than $50,000, and not more than $150,000 or an amount equal to 50 percent of the school district's expenditures for special education in the previous school year, whichever is less.

55,3229n Section 3229n. 115.883 (2) (b) of the statutes is created to read:

115.883 (2) (b) If, at the end of the 2014-15 fiscal year and after distributing aid to eligible school districts in the manner specified under par. (a), there are any moneys remaining in the appropriation under s. 20.255 (2) (be), the department shall distribute the balance of the funds remaining in that appropriation to a school district to which all of the following apply:

1. In the 2013-14 school year, the school district's revenue authority per pupil under subch. VII of ch. 121 was below the statewide average.

2. In the 2013-14 school year, the school district's membership, as defined in s. 121.004 (5), was less than 2,000 pupils.

3. The school district qualified for aid under this section in the 2013-14 school year.

4. In the 2013-14 school year, the school district experienced a natural disaster, including a fire, that caused the school district's total costs to increase such that the school district's expenditures for special education constituted less than 16 percent of the school district's total expenditures in that school year.

55,3229p Section 3229p. 115.884 of the statutes is created to read:

115.884 Special education transition grants. (1) In the 2016-17 school year, from the appropriation under s. 20.255 (2) (bf), the department shall award an incentive grant in the amount of $1,000 per individual to a school district, or to an operator of a charter school established under s. 118.40 (2r), that applies for a grant under this section and that demonstrates to the satisfaction of the department that the individual satisfies all of the following criteria:

(a) The individual was enrolled in a school in the school district or in the charter school in the 2014-15 or 2015-16 school year and, at the time of his or her enrollment, an individualized education program was in effect for the individual.

(b) At the time the school district or the operator of the charter school applies to receive an incentive grant under this section, one of the following criteria applies to the individual described in par. (a):

1. The individual had enrolled in a higher education program within one year of leaving high school. In this subdivision, "higher education program" means a 4-year program at a college or university, a 2-year program at a college or community college, or a 2-year program at a technical college.

2. The individual had enrolled in other postsecondary education or training within one year of leaving high school. In this subdivision, "other postsecondary education or training" includes a high school completion or equivalency program, a vocational school, an apprenticeship or short-term training program, an on-the-job training program, an adult education program, and a program, other than a 2-year program, at a vocational or technical school.

3. The individual had been, or remains, competitively employed within one year of leaving high school. In this subdivision, "competitively employed" means 90 days or more of cumulative or consecutive work paying minimum wage or greater for an average of at least 20 hours per week in a setting with others who are not disabled.

(2) If the appropriation under s. 20.255 (2) (bf) in the 2016-17 school year is insufficient to pay the full amount under sub. (1), the department shall prorate the amount of its payments among school districts and operators of charter schools established under s. 118.40 (2r) that are eligible for an incentive grant under this section.

55,3229q Section 3229q. 115.997 (2) (h) of the statutes is amended to read:

115.997 (2) (h) "Local education agency" means a school district or the operator of a charter school under s. 118.40 (2r) or (2x).

55,3229r Section 3229r. Subchapter IX of chapter 115 [precedes 115.999] of the statutes is created to read:

CHAPTER 115

subchapter ix