Amendment AA13-AB751

AB751-AA13,21,7 119.23 (7) (am) 2m. a. 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 the private school's eligible education expenses under sub. (4) (bd) 1., and beginning in the 2nd school year a private school participates in the program under this section, a copy of the management letter prepared by the auditor. The audit shall be prepared in accordance with generally accepted accounting principles with allowable modifications for long-term fixed assets. The audit shall include a calculation of the private school net eligible education expenses and a calculation of the balance of the private school's fund for future eligible education expenses. 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. If a private school participating in a program under this section is part of an organization and the private school and the organization share assets, liabilities, or eligible education expenses, the private school may submit an audit of the private school or of the organization of which it is a part. If a private school that is part of an organization with which it shares assets, liabilities, or eligible education expenses submits an audit of only the private school, the independent auditor shall use his or her professional judgment to allocate any shared assets, liabilities, and eligible education expenses between the organization and the private school. If a private school participating in the program under this section also accepts pupils under s. 118.60, the private school may submit one comprehensive financial audit to satisfy the requirements of this subdivision and s. 118.60 (7) (am) 2m. The private school shall include in the comprehensive financial audit the information specified under s. 118.60 (7) (am) 2m.

AB751-AA13,62 Section 62. 119.23 (7) (b) 3m. of the statutes is amended to read:

AB751-AA13,21,19 119.23 (7) (b) 3m. Annually, schedule two meetings at least one meeting each month at which members of the governing body of the private school will be present and at which pupils, and the parents or guardians of pupils, applying to attend the private school or attending the private school may meet and communicate with the members of the governing body. The meetings shall be open to the public. The private school shall, within 30 days after the start of the school term, notify the department in writing of the scheduled meeting dates and shall, at least 30 days before the scheduled meeting date, notify in writing each pupil, or the parent or guardian of each minor pupil, applying to attend the private school or attending the private school of the meeting date, time, and place. The private school shall provide notice of the meetings in the manner provided in s. 19.84.

AB751-AA13,63 Section 63. 119.23 (7) (b) 9. of the statutes is created to read:

AB751-AA13,21,25 119.23 (7) (b) 9. Permit public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, a school board under subch. II of ch. 19. This subdivision applies only to records that relate to pupils attending the private school under this section.

AB751-AA13,64 Section 64. 119.23 (7) (d) 1. b. of the statutes is amended to read:

AB751-AA13,22,7 119.23 (7) (d) 1. b. A Except as provided in subd. 1. c., a copy of the school's current certificate of occupancy issued by the municipality within which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the municipality within which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a).

AB751-AA13,22,15 c. If the municipality within which the private school is located does not issue certificates of occupancy, the private school may submit a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy or a letter or form from the municipality within which the private school is located that explains that the municipality does not issue certificates of occupancy. A temporary certificate of occupancy does not meet the requirement of this subdivision private school to which this subd. 1. c. applies shall annually obtain a building inspection of the school building.

AB751-AA13,65 Section 65. 119.23 (7) (d) 1. d. of the statutes is created to read:

AB751-AA13,22,18 119.23 (7) (d) 1. d. A temporary certificate of occupancy does not satisfy the requirements of this subdivision.

AB751-AA13,66 Section 66. 119.23 (7) (i) of the statutes is created to read:

AB751-AA13,22,23 119.23 (7) (i) 1. Each private school participating in the program under this section shall annually conduct state and federal background checks of all teachers and administrators employed by the private school on the effective date of this subdivision .... [LRB inserts date].

AB751-AA13,23,5 2. Beginning on the effective date of this subdivision .... [LRB inserts date], each private school participating in the program under this section shall conduct state and federal background checks of each individual who applies to teach in or serve as an administrator of the private school prior to extending an offer of employment to that individual. The private school shall annually conduct state and federal background checks of each teacher or administrator investigated under this subdivision who is employed by the private school.

AB751-AA13,23,9 3. A participating private school may not employ a person as a teacher or administrator or contract with the person to serve as a teacher or administrator if the person would not be eligible to be employed, licensed, or permitted for any of the reasons specified under s. 115.31 (2g) or (6m) or 115.315.

AB751-AA13,67 Section 67. 119.23 (10) (a) 3. of the statutes is amended to read:

AB751-AA13,23,13 119.23 (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) (bg) (bd) or (4m) by the date specified by department rule.

AB751-AA13,68 Section 68. 119.23 (10) (a) 7. of the statutes is amended to read:

AB751-AA13,23,15 119.23 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or 6., or 9.

AB751-AA13,69 Section 69. 119.23 (10) (a) 9. of the statutes is created to read:

AB751-AA13,23,18 119.23 (10) (a) 9. Violated or employed a person who violated s. 118.016, 118.19 (1), 118.305, 118.31, or 118.33 (1) (f) 5.

AB751-AA13,70 Section 70. 119.23 (10) (a) 10. of the statutes is created to read:

AB751-AA13,23,20 119.23 (10) (a) 10. Violated the rules promulgated under s. 120.13 (1) (i).

AB751-AA13,71 Section 71. 119.23 (10) (bg) of the statutes is created to read:

AB751-AA13,24,2 119.23 (10) (bg) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that the owner of the private school would not be eligible or permitted to be employed, licensed, or permitted for any of the reasons specified under s. 115.31 (2g) or (6m) or 115.315.

AB751-AA13,72 Section 72. 119.23 (10) (br) of the statutes is created to read:

AB751-AA13,24,8 119.23 (10) (br) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that the private school has failed to comply with the requirements under sub. (7) (i) 1. or 2. or if the private school employs an individual in contravention of the prohibitions under sub. (7) (i) 3.

AB751-AA13,73 Section 73. 119.23 (10) (c) of the statutes is amended to read:

AB751-AA13,24,12 119.23 (10) (c) Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), (bg), or (br), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB751-AA13,74 Section 74. 119.23 (11) (d) of the statutes is repealed.

AB751-AA13,75 Section 75. 120.13 (1) (i) of the statutes is created to read:

AB751-AA13,24,18 120.13 (1) (i) The department shall promulgate rules establishing a procedure for the expulsion of pupils attending a private school under s. 118.60 or 119.23 by the governing body of the private school. The rules shall adhere as closely as feasible to the provisions applicable to public school pupils under this subsection.".

AB751-AA13,24,19 4. Page 8, line 1: after that line insert:

AB751-AA13,24,21 " Section 22g. Effective dates. This act takes effect on July 1, 2016, except as follows:

AB751-AA13,25,2 (1) The treatment of section 115.7915 (1) (a), (2) (intro.), (b), (c), (d), (e), (f), (g), and (h), (3) (a) and (b), (4) (b), (4m) (e) 2., (5) (c), (6) (a) and (h) 2., and (8) (c) of the statutes, the renumbering and amendment of section 115.7915 (4m) (e) 1. of the statutes, the creation of section 115.7915 (4m) (e) 1. a. of the statutes, and Sections 20 and 21 of this act take effect on the day after publication.".

AB751-AA13,25,3 (End)