AB751-AA13,18 6Section 18. 118.31 (5) of the statutes is amended to read:
AB751-AA13,6,127 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a
8separate basis for civil liability of a school board or of a private school or their
9officials, employees or agents
of an official, employee, or agent of the school board or
10private school
for damages arising out of claims involving allegations of improper or
11unnecessary use of force by a school employees official, employee, or agent against
12students a pupil.
AB751-AA13,19 13Section 19. 118.31 (6) of the statutes is amended to read:
AB751-AA13,6,1714 118.31 (6) Nothing in this section shall prohibit, permit, or otherwise affect any
15action taken by an official, employee, or agent of a school board or private school with
16regard to a person who is not a pupil enrolled in the school district or in the private
17school
.
AB751-AA13,20 18Section 20. 118.33 (1) (f) 5. of the statutes is created to read:
AB751-AA13,6,2319 118.33 (1) (f) 5. Beginning in the 2016-17 school year, the governing body of
20each private school participating in a parental choice program under s. 118.60 or
21119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting
22a high school diploma specified in pars. (a) and (b), with the exceptions provided in
23pars. (d) and (e).
AB751-AA13,21 24Section 21. 118.60 (2) (a) (intro.) of the statutes is amended to read:
AB751-AA13,7,6
1118.60 (2) (a) (intro.) Subject to pars. (ag) and (ar), any pupil in grades
2kindergarten to 12 who resides within an eligible school district may attend any
3private school under this section and, subject to pars. (ag), (ar), (be), (bm), and (bs),
4any pupil in grades kindergarten to 12 who resides in a school district, other than
5an eligible school district or a 1st class city school district, may attend any private
6school under this section if all of the following apply:
AB751-AA13,22 7Section 22. 118.60 (2) (a) 1. a. of the statutes, as affected by 2015 Wisconsin
8Act 55
, is amended to read:
AB751-AA13,7,179 118.60 (2) (a) 1. a. Except as provided in par. (bm) subd. 1. am., the pupil is a
10member of a family that has a total family income that does not exceed an amount
11equal to 3.0 times the poverty level determined in accordance with criteria
12established by the director of the federal office of management and budget. In this
13subdivision and sub. (3m), family income includes income of the pupil's parents or
14legal guardians. Except as provided in subd. 1. c., the family income of the pupil shall
15be verified as provided in subd. 1. b. A pupil attending a private school under this
16section whose family income increases above the income level in this subd. 1. a. may
17continue to attend a private school under this section.
AB751-AA13,23 18Section 23. 118.60 (2) (a) 1. am. of the statutes is created to read:
AB751-AA13,8,219 118.60 (2) (a) 1. am. Beginning in the 2016-17 school year, the pupil is a
20member of a family that has a total family income that does not exceed an amount
21equal to 1.85 times the poverty level determined in accordance with criteria
22established by the director of the federal office of management and budget. The
23family income of the pupil shall be verified as provided in subd. 1. b. A pupil
24attending a private school under this section whose family income increases above

1the income level in this subd. 1. am. may continue to attend a private school under
2this section.
AB751-AA13,24 3Section 24. 118.60 (2) (a) 6m. of the statutes is created to read:
AB751-AA13,8,74 118.60 (2) (a) 6m. All instructional staff employed by the private school hold
5a license or permit to teach issued by the department. For purposes of this
6subdivision, "instructional staff" has the meaning given in the rules promulgated by
7the department under s. 121.02 (1) (a) 2.
AB751-AA13,25 8Section 25. 118.60 (2) (a) 9. of the statutes is created to read:
AB751-AA13,8,109 118.60 (2) (a) 9. The private school has been in operation for the attendance of
10pupils for at least 2 school years.
AB751-AA13,26 11Section 26. 118.60 (2) (a) 10. of the statutes is created to read:
AB751-AA13,8,1212 118.60 (2) (a) 10. The private school is located in this state.
AB751-AA13,27 13Section 27. 118.60 (2) (bm) of the statutes is repealed.
AB751-AA13,28 14Section 28. 118.60 (2) (c) of the statutes is amended to read:
AB751-AA13,8,1815 118.60 (2) (c) 1. Notwithstanding par. (a) 6. and 6m., a teacher employed by a
16private school participating in the program under this section who teaches only
17courses in rabbinical studies is not required to have a bachelor's degree or hold a
18license or permit to teach issued by the department
.
AB751-AA13,8,2219 2. Notwithstanding par. (a) 6. and 6m., an administrator of a private school
20participating in the program under this section that prepares and trains pupils
21attending the school in rabbinical studies is not required to have a bachelor's degree
22or hold a license or permit to teach issued by the department.
AB751-AA13,29 23Section 29. 118.60 (2) (d) of the statutes is created to read:
AB751-AA13,8,2524 118.60 (2) (d) No more than 49 percent of a private school's enrollment may
25consist of pupils attending the private school under this section and s. 119.23.
AB751-AA13,30
1Section 30. 118.60 (3) (c) of the statutes is amended to read:
AB751-AA13,9,82 118.60 (3) (c) If a participating private school rejects an applicant who resides
3in a school district, other than an eligible school district or a 1st class city school
4district, because the private school has too few available spaces, the applicant may
5transfer his or her application to a participating private school that has space
6available. An applicant rejected under this paragraph may, subject to sub. (2) (a) 1.
7am. and
(be) and (bm), be admitted to a private school participating in the program
8under this section for the following school year.
AB751-AA13,31 9Section 31. 118.60 (4) (bd) of the statutes is created to read:
AB751-AA13,9,1410 118.60 (4) (bd) Upon receipt from the pupil's parent or guardian of proof of the
11pupil's enrollment in the private school during a school term, the state
12superintendent shall pay to the private school in which the pupil is enrolled on behalf
13of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an
14amount equal to the lesser of the following:
AB751-AA13,9,1615 1. The amount equal to the private school's eligible education expenses, as
16defined in sub. (7) (am) 1m., per pupil, as determined by the department.
AB751-AA13,9,1917 2. The average of the tuition paid by a pupil attending the private school, but
18not under the program under this section or the program under s. 119.23, in the
19current and 2 preceding school years.
AB751-AA13,9,2020 3. $6,442.
AB751-AA13,32 21Section 32. 118.60 (4) (be) of the statutes is created to read:
AB751-AA13,9,2522 118.60 (4) (be) In determining a private school's eligible education expenses per
23pupil under par. (bd) 1., the department shall do all of the following, but may not
24determine separate expenses for pupils enrolled in grades kindergarten to 8 and for
25pupils enrolled in grades 9 to 12:
AB751-AA13,10,2
11. Subtract only the following, up to the actual cost of the service or material
2related to each item:
AB751-AA13,10,33 a. Fees charged pupils for books and supplies used in classes and programs.
AB751-AA13,10,44 b. Rentals for school buildings.
AB751-AA13,10,55 c. Food service revenues.
AB751-AA13,10,66 d. Governmental financial assistance.
AB751-AA13,10,77 e. Interest and other income resulting from the investment of debt proceeds.
AB751-AA13,10,148 2. If legal title to the private school's buildings and premises is held in the name
9of the private school's parent organization or other related party, there is no other
10mechanism to include the private school's facilities costs in the calculation of its
11eligible education expenses, and the private school requests that the department do
12so, include an amount equal to 10.5 percent of the fair market value of the school and
13its premises. A request made by a private school under this subdivision remains
14effective in subsequent school years and may not be withdrawn by the private school.
AB751-AA13,10,1815 3. If immediately prior to July 1, 2011, a private school's eligible education
16expenses, as defined under sub. (7) (am) 1m. and as determined by the department,
17included the amount described in subd. 2., continue to include the amount described
18in subd. 2. in subsequent school years.
AB751-AA13,10,2219 4. Permit a private school to accumulate up to 15 percent of the private school's
20annual eligible education expenses in a reserve account and include any increase to
21that reserved amount in the department's determination of the private school's
22eligible education expenses for that school year.
AB751-AA13,33 23Section 33. 118.60 (4) (bg) of the statutes, as affected by 2015 Wisconsin Act
2455
, is repealed.
AB751-AA13,34 25Section 34. 118.60 (4m) of the statutes is repealed and recreated to read:
AB751-AA13,11,5
1118.60 (4m) In addition to the payment under sub. (4), the state
2superintendent shall pay to each private school participating in the program under
3this section, on behalf of the parent or guardian of each pupil attending the private
4school under this section, in the manner described in sub. (4) (c), the amount
5determined as follows:
AB751-AA13,11,76 (a) Determine the private school's eligible education expenses, as defined in
7sub. (7) (am) 1m., per pupil in summer school.
AB751-AA13,11,88 (b) Multiply the amount under par. (a) by 0.40.
AB751-AA13,11,119 (c) Multiply the product under par. (b) by the quotient determined by dividing
10the summer choice average daily membership equivalent of the private school by the
11total number of pupils for whom payments are being made under sub. (4).
AB751-AA13,35 12Section 35. 118.60 (4r) (a) of the statutes is amended to read:
AB751-AA13,11,1413 118.60 (4r) (a) Multiply the amount determined under sub. (4) (bg) (bd) by
140.616.
AB751-AA13,36 15Section 36. 118.60 (7) (am) 2m. a. of the statutes, as affected by 2015 Wisconsin
16Act 55
, is amended to read:
AB751-AA13,12,1917 118.60 (7) (am) 2m. a. An independent financial audit of the private school
18conducted by an independent certified public accountant, accompanied by the
19auditor's statement that the report is free of material misstatements and fairly
20presents the private school's eligible education expenses under sub. (4) (bd) 1., and
21beginning in the 2nd school year a private school participates in the program under
22this section, a copy of a management letter prepared by the auditor. The audit shall
23be prepared in accordance with generally accepted accounting principles with
24allowable modifications for long-term fixed assets. The audit shall include a
25calculation of the private school's net eligible education expenses and a calculation

1of the balance of the private school's fund for future eligible education expenses. The
2auditor shall conduct his or her audit, including determining sample sizes and
3evaluating financial viability, in accordance with the auditing standards established
4by the American Institute of Certified Public Accountants. The department may not
5require an auditor to comply with standards that exceed the scope of the standards
6established by the American Institute of Certified Public Accountants. If a private
7school participating in a program under this section is part of an organization and
8the private school and the organization share assets, liabilities, or eligible education
9expenses, the private school may submit an audit of the private school or of the
10organization of which it is a part. If a private school that is part of an organization
11with which it shares assets, liabilities, or eligible education expenses submits an
12audit of only the private school, the independent auditor shall use his or her
13professional judgment to allocate any shared assets, liabilities, and eligible
14education expenses between the organization and the private school. If a private
15school participating in the program under this section also accepts pupils under s.
16119.23, the private school may submit one comprehensive financial audit to satisfy
17the requirements of this subdivision and s. 119.23 (7) (am) 2m. The private school
18shall include in the comprehensive financial audit the information specified under
19s. 119.23 (7) (am) 2m.
AB751-AA13,37 20Section 37. 118.60 (7) (b) 3m. of the statutes is amended to read:
AB751-AA13,13,621 118.60 (7) (b) 3m. Annually, schedule 2 meetings at least one meeting each
22month
at which members of the governing body of the private school will be present
23and at which pupils, and the parents or guardians of pupils, applying to attend the
24private school or attending the private school may meet and communicate with the
25members of the governing body. The meetings shall be open to the public. The

1private school shall, within 30 days after the start of the school term, notify the
2department in writing of the scheduled meeting dates and shall, at least 30 days
3before the scheduled meeting date, notify in writing each pupil, or the parent or
4guardian of each minor pupil, applying to attend the private school or attending the
5private school of the meeting date, time, and place. The private school shall provide
6notice of the meetings in the manner provided in s. 19.84.
AB751-AA13,38 7Section 38. 118.60 (7) (b) 9. of the statutes is created to read:
AB751-AA13,13,128 118.60 (7) (b) 9. Permit public inspection and copying of any record, as defined
9in s. 19.32 (2), of the private school to the same extent as required of, and subject to
10the same terms and enforcement provisions that apply to, a school board under
11subch. II of ch. 19. This subdivision applies only to records that relate to pupils
12attending the private school under this section.
AB751-AA13,39 13Section 39. 118.60 (7) (d) 1. b. of the statutes, as affected by 2015 Wisconsin
14Act 55
, is amended to read:
AB751-AA13,13,2015 118.60 (7) (d) 1. b. A Except as provided in subd. 1. c., a copy of the school's
16current certificate of occupancy issued by the municipality within which the school
17is located. If the private school moves to a new location, the private school shall
18submit a copy of the new certificate of occupancy issued by the municipality within
19which the school is located to the department before the attendance of pupils at the
20new location and before the next succeeding date specified in s. 121.05 (1) (a).
AB751-AA13,14,4 21c. If the municipality within which the private school is located does not issue
22certificates of occupancy, the private school may submit a certificate of occupancy
23issued by the local or regional governmental unit with authority to issue certificates
24of occupancy or a letter or form from the municipality within which the private school
25is located that explains that the municipality does not issue certificates of occupancy.

1A temporary certificate of occupancy does not meet the requirement of this
2subdivision. This subdivision applies only to a private school located in an eligible
3school district
private school to which this subd. 1. c. applies shall annually obtain
4a building inspection of the school building
.
AB751-AA13,40 5Section 40. 118.60 (7) (d) 1. d. of the statutes is created to read:
AB751-AA13,14,76 118.60 (7) (d) 1. d. A temporary certificate of occupancy does not satisfy the
7requirements of this subdivision.
AB751-AA13,41 8Section 41. 118.60 (7) (i) of the statutes is created to read:
AB751-AA13,14,129 118.60 (7) (i) 1. Each private school participating in the program under this
10section shall annually conduct state and federal background checks of all teachers
11and administrators employed by the private school on the effective date of this
12subdivision .... [LRB inserts date].
AB751-AA13,14,1913 2. Beginning on the effective date of this subdivision .... [LRB inserts date],
14each private school participating in the program under this section shall conduct
15state and federal background checks of each individual who applies to teach in or
16serve as an administrator of the private school prior to extending an offer of
17employment to that individual. The private school shall annually conduct state and
18federal background checks of each teacher or administrator investigated under this
19subdivision who is employed by the private school.
AB751-AA13,14,2320 3. A participating private school may not employ a person as a teacher or
21administrator or contract with the person to serve as a teacher or administrator if
22the person would not be eligible to be employed, licensed, or permitted for any of the
23reasons specified under s. 115.31 (2g) or (6m) or 115.315.
AB751-AA13,42 24Section 42. 118.60 (10) (a) 7. of the statutes is amended to read:
AB751-AA13,14,2525 118.60 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or 6., or 9.
AB751-AA13,43
1Section 43. 118.60 (10) (a) 9. of the statutes is created to read:
AB751-AA13,15,32 118.60 (10) (a) 9. Violated or employed a person who violated s. 118.016, 118.19
3(1), 118.305, 118.31, or 118.33 (1) (f) 5.
AB751-AA13,44 4Section 44. 118.60 (10) (a) 10. of the statutes is created to read:
AB751-AA13,15,55 118.60 (10) (a) 10. Violated the rules promulgated under s. 120.13 (1) (i).
AB751-AA13,45 6Section 45. 118.60 (10) (bg) of the statutes is created to read:
AB751-AA13,15,117 118.60 (10) (bg) The state superintendent may issue an order immediately
8terminating a private school's participation in the program under this section if he
9or she determines that the owner of the private school would not be eligible or
10permitted to be employed, licensed, or permitted for any of the reasons specified
11under s. 115.31 (2g) or (6m) or 115.315.
AB751-AA13,46 12Section 46. 118.60 (10) (br) of the statutes is created to read:
AB751-AA13,15,1713 118.60 (10) (br) The state superintendent may issue an order immediately
14terminating a private school's participation in the program under this section if he
15or she determines that the private school has failed to comply with the requirements
16under sub. (7) (i) 1. or 2. or if the private school employs an individual in
17contravention of the prohibitions under sub. (7) (i) 3.
AB751-AA13,47 18Section 47. 118.60 (10) (c) of the statutes is amended to read:
AB751-AA13,15,2119 118.60 (10) (c) Whenever the state superintendent issues an order under par.
20(a), (am), (ar), or (b), (bg), or (br), he or she shall immediately notify the parent or
21guardian of each pupil attending the private school under this section.
AB751-AA13,48 22Section 48. 118.60 (11) (d) of the statutes is repealed.
AB751-AA13,49 23Section 49. 119.23 (2) (a) 1. a. of the statutes, as affected by 2015 Wisconsin
24Act 55
, is amended to read:
AB751-AA13,16,11
1119.23 (2) (a) 1. a. The Except as provided in subd. 1. am., the pupil is a member
2of a family that has a total family income that does not exceed an amount equal to
33.0 times the poverty level determined in accordance with criteria established by the
4director of the federal office of management and budget. In this subdivision and sub.
5(3m), family income includes income of the pupil's parents or legal guardians. Except
6as provided in subd. 1. d., the family income of the pupil shall be verified as provided
7in subd. 1. b. A pupil attending a private school under this section whose family
8income increases above the income level in this subd. 1. a., including a pupil who
9attended a private school under this section in the 2010-11 school year and whose
10family income has increased, may continue to attend a private school under this
11section.
AB751-AA13,50 12Section 50. 119.23 (2) (a) 1. am. of the statutes is created to read:
AB751-AA13,16,2013 119.23 (2) (a) 1. am. Beginning in the 2016-17 school year, the pupil is a
14member of a family that has a total family income that does not exceed an amount
15equal to 1.85 times the poverty level determined in accordance with criteria
16established by the director of the federal office of management and budget. The
17family income of the pupil shall be verified as provided in subd. 1. b. A pupil
18attending a private school under this section whose family income increases above
19the income level in this subd. 1. am. may continue to attend a private school under
20this section.
AB751-AA13,51 21Section 51. 119.23 (2) (a) 6m. of the statutes is created to read:
AB751-AA13,16,2522 119.23 (2) (a) 6m. All instructional staff employed by the private school hold
23a license or permit to teach issued by the department. For purposes of this
24subdivision, "instructional staff" has the meaning given in the rules promulgated by
25the department under s. 121.02 (1) (a) 2.
AB751-AA13,52
1Section 52. 119.23 (2) (a) 9. of the statutes is created to read:
AB751-AA13,17,32 119.23 (2) (a) 9. The private school has been in operation for the attendance of
3pupils for at least 2 school years.
AB751-AA13,53 4Section 53. 119.23 (2) (a) 10. of the statutes is created to read:
AB751-AA13,17,55 119.23 (2) (a) 10. The private school is located in this state.
AB751-AA13,54 6Section 54. 119.23 (2) (c) of the statutes is amended to read:
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