Amendment AA13-AB751

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2015 - 2016 LEGISLATURE

ASSEMBLY AMENDMENT 13, TO ASSEMBLY BILL 751

February 9, 2016 - Offered by Representative Pope.

AB751-AA13,1,1 At the locations indicated, amend the bill as follows:

AB751-AA13,1,4 1. Page 1, line 8: after "program" insert ", accountability provisions for private schools participating in a parental choice program, requiring the exercise of rule-making authority, and making an appropriation".

AB751-AA13,1,5 2. Page 2, line 1: before that line insert:

AB751-AA13,1,7 " Section 1. 20.255 (1) (f) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA13,1,12 20.255 (1) (f) Assessments of reading readiness. The amounts in the schedule to provide school districts and, independent charter schools under s. 118.40 (2r) and (2x), and the governing bodies of private schools participating in a parental choice program under s. 118.60 or 119.23 with the assessments of reading readiness under s. 118.016.

AB751-AA13,2 Section 2. 115.28 (7) (b) of the statutes is amended to read:

AB751-AA13,2,11 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools and tribal schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in public, private, or tribal schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school or tribal school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private Except as provided in ss. 118.60 (2) (a) 6m. and 119.23 (2) (a) 6m., private schools are not obligated to employ only licensed or certified teachers.".

AB751-AA13,2,12 3. Page 7, line 15: after that line insert:

AB751-AA13,2,13 " Section 3. 118.016 (1) (bm) of the statutes is created to read:

AB751-AA13,2,22 118.016 (1) (bm) Beginning in the 2016-17 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the governing body, annually assess each pupil enrolled in 4-year-old kindergarten to 2nd grade in the private school for reading readiness. The governing body shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge. The governing body may administer computer adaptive assessments. This paragraph applies only to pupils attending the school under s. 118.60 or 119.23.

AB751-AA13,4 Section 4. 118.016 (1) (c) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB751-AA13,3,7 118.016 (1) (c) The department shall pay to the school board or, operator, or governing body, from the appropriation under s. 20.255 (1) (f), the per pupil cost of the selected assessment. If the appropriation under s. 20.255 (1) (f) in any fiscal year is insufficient to pay the full amount of aid under this paragraph, the state superintendent shall prorate state aid payments among the school boards and, governing bodies of private schools, and operators of charter schools entitled to the aid.

AB751-AA13,5 Section 5. 118.016 (1g) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA13,3,13 118.016 (1g) If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r) or (2x), or governing body of the private school under s. 118.60 or 119.23 shall comply with s. 115.77 (1m) (bg).

AB751-AA13,6 Section 6. 118.016 (1r) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA13,3,18 118.016 (1r) The school board or , operator of the charter school, or governing body of the private school under s. 118.60 or 119.23 shall report the results of a pupil's assessment under sub. (1) to the pupil's parent or guardian.

AB751-AA13,7 Section 7. 118.016 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA13,3,25 118.016 (2) The school board of the school district or, operator of the charter school, or governing body of the private school in which the pupil is enrolled shall provide a pupil whose assessment under sub. (1) indicates that he or she is at risk of reading difficulty with interventions or remedial reading services, as described under s. 121.02 (1) (c).

AB751-AA13,8 Section 8. 118.19 (1) of the statutes is amended to read:

AB751-AA13,4,6 118.19 (1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach in a public school, including a charter school, in a private school participating in a parental choice program under s. 118.60 or 119.23, or in a school or institution operated by a county or the state shall first procure a license or permit from the department.

AB751-AA13,9 Section 9. 118.30 (5m) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA13,4,15 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) or s. 118.301 (3), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall not exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB751-AA13,10 Section 10. 118.305 (1) (gm) of the statutes is created to read:

AB751-AA13,4,19 118.305 (1) (gm) "Pupil" excludes pupils who are attending a private school participating in a parental choice program under s. 118.60 or 119.23 but not under the parental choice program.

AB751-AA13,11 Section 11. 118.305 (1) (h) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA13,4,24 118.305 (1) (h) "School" means a public school, including a charter school, and a private school participating in the program under s. 115.7915 , and a private school participating in a parental choice program under s. 118.60 or 119.23.

AB751-AA13,12 Section 12. 118.305 (3) (e) of the statutes is amended to read:

AB751-AA13,5,2 118.305 (3) (e) It does not constitute corporal punishment, as defined in s. 118.31 (1) (a).

AB751-AA13,13 Section 13. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and amended to read:

AB751-AA13,5,5 118.31 (1) (intro.) In this section, " corporal:

AB751-AA13,5,11 (a) "Corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. "Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. "Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training.

AB751-AA13,14 Section 14. 118.31 (1) (b) of the statutes is created to read:

AB751-AA13,5,15 118.31 (1) (b) "Private school" means a private school, as defined in s. 115.001 (3r), that is participating in any parental choice program under ss. 118.60 and 119.23.

AB751-AA13,15 Section 15. 118.31 (2) of the statutes is amended to read:

AB751-AA13,5,19 118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a school board or of a private school may subject a pupil enrolled in the school district or in the private school to corporal punishment.

AB751-AA13,16 Section 16. 118.31 (3) (intro.) of the statutes is amended to read:

AB751-AA13,5,22 118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or agent of a school board or of a private school from:

AB751-AA13,17 Section 17. 118.31 (4) of the statutes is amended to read:

AB751-AA13,6,5 118.31 (4) Each school board and each private school shall adopt a policy that allows any official, employee, or agent of the school board or private school to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person an official, employee, or agent of a school board or of a private school was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an the official, employee, or agent of a school board.

AB751-AA13,18 Section 18. 118.31 (5) of the statutes is amended to read:

AB751-AA13,6,12 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or of a private school or their officials, employees or agents of an official, employee, or agent of the school board or private school for damages arising out of claims involving allegations of improper or unnecessary use of force by a school employees official, employee, or agent against students a pupil.

AB751-AA13,19 Section 19. 118.31 (6) of the statutes is amended to read:

AB751-AA13,6,17 118.31 (6) Nothing in this section shall prohibit, permit, or otherwise affect any action taken by an official, employee, or agent of a school board or private school with regard to a person who is not a pupil enrolled in the school district or in the private school.

AB751-AA13,20 Section 20. 118.33 (1) (f) 5. of the statutes is created to read:

AB751-AA13,6,23 118.33 (1) (f) 5. Beginning in the 2016-17 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting a high school diploma specified in pars. (a) and (b), with the exceptions provided in pars. (d) and (e).

AB751-AA13,21 Section 21. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB751-AA13,7,6 118.60 (2) (a) (intro.) Subject to pars. (ag) and (ar), any pupil in grades kindergarten to 12 who resides within an eligible school district may attend any private school under this section and, subject to pars. (ag), (ar), (be), (bm), and (bs), any pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, may attend any private school under this section if all of the following apply:

AB751-AA13,22 Section 22. 118.60 (2) (a) 1. a. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA13,7,17 118.60 (2) (a) 1. a. Except as provided in par. (bm) subd. 1. am., the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. Except as provided in subd. 1. c., the family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases above the income level in this subd. 1. a. may continue to attend a private school under this section.

AB751-AA13,23 Section 23. 118.60 (2) (a) 1. am. of the statutes is created to read:

AB751-AA13,8,2 118.60 (2) (a) 1. am. Beginning in the 2016-17 school year, the pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.85 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. The family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases above the income level in this subd. 1. am. may continue to attend a private school under this section.

AB751-AA13,24 Section 24. 118.60 (2) (a) 6m. of the statutes is created to read:

AB751-AA13,8,7 118.60 (2) (a) 6m. All instructional staff employed by the private school hold a license or permit to teach issued by the department. For purposes of this subdivision, "instructional staff" has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2.

AB751-AA13,25 Section 25. 118.60 (2) (a) 9. of the statutes is created to read:

AB751-AA13,8,10 118.60 (2) (a) 9. The private school has been in operation for the attendance of pupils for at least 2 school years.

AB751-AA13,26 Section 26. 118.60 (2) (a) 10. of the statutes is created to read:

AB751-AA13,8,12 118.60 (2) (a) 10. The private school is located in this state.

AB751-AA13,27 Section 27. 118.60 (2) (bm) of the statutes is repealed.

AB751-AA13,28 Section 28. 118.60 (2) (c) of the statutes is amended to read:

AB751-AA13,8,18 118.60 (2) (c) 1. Notwithstanding par. (a) 6. and 6m., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor's degree or hold a license or permit to teach issued by the department.

AB751-AA13,8,22 2. Notwithstanding par. (a) 6. and 6m., an administrator of a private school participating in the program under this section that prepares and trains pupils attending the school in rabbinical studies is not required to have a bachelor's degree or hold a license or permit to teach issued by the department.

AB751-AA13,29 Section 29. 118.60 (2) (d) of the statutes is created to read:

AB751-AA13,8,25 118.60 (2) (d) No more than 49 percent of a private school's enrollment may consist of pupils attending the private school under this section and s. 119.23.

AB751-AA13,30 Section 30. 118.60 (3) (c) of the statutes is amended to read:

AB751-AA13,9,8 118.60 (3) (c) If a participating private school rejects an applicant who resides in a school district, other than an eligible school district or a 1st class city school district, because the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant rejected under this paragraph may, subject to sub. (2) (a) 1. am. and (be) and (bm), be admitted to a private school participating in the program under this section for the following school year.

AB751-AA13,31 Section 31. 118.60 (4) (bd) of the statutes is created to read:

AB751-AA13,9,14 118.60 (4) (bd) 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 lesser of the following:

AB751-AA13,9,16 1. The amount equal to the private school's eligible education expenses, as defined in sub. (7) (am) 1m., per pupil, as determined by the department.

AB751-AA13,9,19 2. The average of the tuition paid by a pupil attending the private school, but not under the program under this section or the program under s. 119.23, in the current and 2 preceding school years.

AB751-AA13,9,20 3. $6,442.

AB751-AA13,32 Section 32. 118.60 (4) (be) of the statutes is created to read:

AB751-AA13,9,25 118.60 (4) (be) In determining a private school's eligible education expenses per pupil under par. (bd) 1., the department shall do all of the following, but may not determine separate expenses for pupils enrolled in grades kindergarten to 8 and for pupils enrolled in grades 9 to 12:

AB751-AA13,10,2 1. Subtract only the following, up to the actual cost of the service or material related to each item:

AB751-AA13,10,3 a. Fees charged pupils for books and supplies used in classes and programs.

AB751-AA13,10,4 b. Rentals for school buildings.

AB751-AA13,10,5 c. Food service revenues.

AB751-AA13,10,6 d. Governmental financial assistance.

AB751-AA13,10,7 e. Interest and other income resulting from the investment of debt proceeds.