Amendment SA5-SSA1-SB21

2015 - 2016 LEGISLATURE

SENATE AMENDMENT 5, TO SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 21

July 7, 2015 - Offered by Senators C. Larson, Harris Dodd, Ringhand, Bewley, Erpenbach, Vinehout, Risser, Shilling, Hansen, Carpenter and L. Taylor.

SB21-SSA1-SA5,1,1 At the locations indicated, amend the substitute amendment as follows:

SB21-SSA1-SA5,1,2 1. At the appropriate places, insert all of the following:

SB21-SSA1-SA5,1,3 " Section 1. 115.28 (7) (b) of the statutes is amended to read:

SB21-SSA1-SA5,2,2 115.28 (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.

SB21-SSA1-SA5,2 Section 2. 118.016 (1) of the statutes is renumbered 118.016 (1) (a) and amended to read:

SB21-SSA1-SA5,2,14 118.016 (1) (a) In the 2013-14 school year, each school board and the governing body operator of each charter school established under s. 118.40 (2r) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in 4-year-old kindergarten to first grade in the school district or in the charter school for reading readiness. Beginning in the 2014–15 school year, each school board and the governing body operator of each charter school established under s. 118.40 (2r) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in 4-year-old kindergarten to second grade in the school district or in the charter school for reading readiness.

SB21-SSA1-SA5,2,17 (c) The department shall ensure that the assessment under this subsection evaluates whether a pupil possesses phonemic awareness and letter sound knowledge.

SB21-SSA1-SA5,3 Section 3. 118.016 (1) (b) of the statutes is created to read:

SB21-SSA1-SA5,3,4 118.016 (1) (b) In the 2015-16 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 department, annually assess each pupil enrolled in 4-year-old kindergarten to first grade in the private school for reading readiness. 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 department, annually assess each pupil enrolled in 4-year-old kindergarten to second grade in the private school for reading readiness. This paragraph applies only to pupils attending the school under s. 118.60 or 119.23.

SB21-SSA1-SA5,4 Section 4. 118.016 (1g), (1r) and (2) of the statutes are amended to read:

SB21-SSA1-SA5,3,9 118.016 (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 governing body of the private school under s. 118.60 or 119.23 shall comply with s. 115.77 (1m) (bg).

SB21-SSA1-SA5,3,12 (1r) The school board, operator of the charter school, or governing body of the charter private school shall report the results of a pupil's assessment under sub. (1) to the pupil's parent or guardian.

SB21-SSA1-SA5,3,17 (2) The school board of the school district, operator of the charter school, or governing body of the charter 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).

SB21-SSA1-SA5,5 Section 5. 118.19 (1) of the statutes is amended to read:

SB21-SSA1-SA5,3,23 118.19 (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.

SB21-SSA1-SA5,6 Section 6. 118.30 (5m) of the statutes is amended to read:

SB21-SSA1-SA5,4,7 118.30 (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), 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.

SB21-SSA1-SA5,7 Section 7. 118.305 (1) (gm) of the statutes is created to read:

SB21-SSA1-SA5,4,11 118.305 (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.

SB21-SSA1-SA5,8 Section 8. 118.305 (1) (h) of the statutes is amended to read:

SB21-SSA1-SA5,4,14 118.305 (1) (h) "School" means a public school, including a charter school, and a private school participating in a parental choice program under s. 118.60 or 119.23.

SB21-SSA1-SA5,9 Section 9. 118.305 (3) (e) of the statutes is amended to read:

SB21-SSA1-SA5,4,17 118.305 (3) (e) It does not constitute corporal punishment, as defined in s. 118.31 (1) (a).

SB21-SSA1-SA5,10 Section 10. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and amended to read:

SB21-SSA1-SA5,4,20 118.31 (1) (intro.) In this section, "corporal:

SB21-SSA1-SA5,5,2 (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.

SB21-SSA1-SA5,11 Section 11. 118.31 (1) (b) of the statutes is created to read:

SB21-SSA1-SA5,5,6 118.31 (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.

SB21-SSA1-SA5,12 Section 12. 118.31 (2) of the statutes is amended to read:

SB21-SSA1-SA5,5,10 118.31 (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.

SB21-SSA1-SA5,13 Section 13. 118.31 (3) (intro.) of the statutes is amended to read:

SB21-SSA1-SA5,5,13 118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or agent of a school board or of a private school from:

SB21-SSA1-SA5,14 Section 14. 118.31 (4) of the statutes is amended to read:

SB21-SSA1-SA5,5,21 118.31 (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.

SB21-SSA1-SA5,15 Section 15. 118.31 (5) of the statutes is amended to read:

SB21-SSA1-SA5,6,3 118.31 (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.

SB21-SSA1-SA5,16 Section 16. 118.31 (6) of the statutes is amended to read:

SB21-SSA1-SA5,6,8 118.31 (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.

SB21-SSA1-SA5,17 Section 17. 118.33 (1) (f) 5. of the statutes is created to read:

SB21-SSA1-SA5,6,14 118.33 (1) (f) 5. Beginning in the 2015-16 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).

SB21-SSA1-SA5,18 Section 18. 118.60 (2) (a) (intro.) of the statutes is amended to read:

SB21-SSA1-SA5,6,21 118.60 (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:

SB21-SSA1-SA5,19 Section 19. 118.60 (2) (a) 1. a. of the statutes is amended to read:

SB21-SSA1-SA5,7,6 118.60 (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. The, and 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.

SB21-SSA1-SA5,20 Section 20. 118.60 (2) (a) 1. am. of the statutes is created to read:

SB21-SSA1-SA5,7,15 118.60 (2) (a) 1. am. Beginning in the 2015-16 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.

SB21-SSA1-SA5,21 Section 21. 118.60 (2) (a) 6m. of the statutes is created to read:

SB21-SSA1-SA5,7,20 118.60 (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.

SB21-SSA1-SA5,22 Section 22. 118.60 (2) (a) 9. of the statutes is created to read:

SB21-SSA1-SA5,7,23 118.60 (2) (a) 9. The private school has been in operation for the attendance of pupils for at least 2 school years.

SB21-SSA1-SA5,23 Section 23. 118.60 (2) (a) 10. of the statutes is created to read:

SB21-SSA1-SA5,7,25 118.60 (2) (a) 10. The private school is located in this state.

SB21-SSA1-SA5,24 Section 24. 118.60 (2) (bm) of the statutes is repealed.

SB21-SSA1-SA5,25 Section 25. 118.60 (2) (c) of the statutes is amended to read:

SB21-SSA1-SA5,8,6 118.60 (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.

SB21-SSA1-SA5,8,10 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.

SB21-SSA1-SA5,26 Section 26. 118.60 (2) (d) of the statutes is created to read:

SB21-SSA1-SA5,8,13 118.60 (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.

SB21-SSA1-SA5,27 Section 27. 118.60 (3) (c) of the statutes is amended to read:

SB21-SSA1-SA5,8,21 118.60 (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.

SB21-SSA1-SA5,28 Section 28. 118.60 (4) (bd) of the statutes is created to read:

SB21-SSA1-SA5,9,2 118.60 (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:

SB21-SSA1-SA5,9,4 1. The 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.

SB21-SSA1-SA5,9,7 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.

SB21-SSA1-SA5,9,8 3. $6,442.

SB21-SSA1-SA5,29 Section 29. 118.60 (4) (bg) of the statutes is repealed.

SB21-SSA1-SA5,30 Section 30. 118.60 (4) (d) (intro.) of the statutes is amended to read:

SB21-SSA1-SA5,9,14 118.60 (4) (d) (intro.) In determining a private school's operating and debt service cost per pupil under par. (bg) (bd) 1., the department shall do all of the following, but may not determine separate costs for pupils enrolled in grades kindergarten to 8 and for pupils enrolled in grades 9 to 12:

SB21-SSA1-SA5,31 Section 31. 118.60 (4) (d) 2. of the statutes is amended to read:

SB21-SSA1-SA5,9,25 118.60 (4) (d) 2. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party, there is no other mechanism to include the private school's facilities costs in the calculation of its operating and debt service cost, and the private school requests that the department do so, include an amount equal to 10.5 percent of the fair market value of the school and its premises. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party but the private school was not permitted to include an amount equal to 10.5 percent of the fair market value of the school and its premises in the 2012-13 school year, the private school may, beginning on July 2, 2013, request the department to include that amount. A request made by a private school under this subdivision remains effective in subsequent school years and may not be withdrawn by the private school.

SB21-SSA1-SA5,32 Section 32. 118.60 (4m) of the statutes is repealed and recreated to read:

SB21-SSA1-SA5,10,9 118.60 (4m) In addition to the payment under sub. (4), the state superintendent shall pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending the private school under this section, in the manner described in sub. (4) (c), the amount determined as follows:

SB21-SSA1-SA5,10,11 (a) Determine the private school's operating and debt service cost per pupil in summer school that is related to educational programming.

SB21-SSA1-SA5,10,12 (b) Multiply the amount under par. (a) by 0.40.

SB21-SSA1-SA5,10,15 (c) Multiply the product under par. (b) by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under sub. (4).

SB21-SSA1-SA5,33 Section 33. 118.60 (4r) (a) of the statutes is amended to read:

SB21-SSA1-SA5,10,18 118.60 (4r) (a) Multiply the amount determined under sub. (4) (bg) (bd) by 0.616.

SB21-SSA1-SA5,34 Section 34. 118.60 (7) (am) 1. of the statutes is amended to read:

SB21-SSA1-SA5,11,9 118.60 (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) (bg) (bd) 1. 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. If a private school participating in the program under this section also accepts pupils under s. 119.23, the private school may submit one comprehensive financial audit to satisfy the requirements of this subdivision and s. 119.23 (7) (am) 1. The private school shall include in the comprehensive financial audit the information specified under s. 119.23 (7) (am) 1.

SB21-SSA1-SA5,35 Section 35. 118.60 (7) (b) 3m. of the statutes is amended to read:

SB21-SSA1-SA5,11,21 118.60 (7) (b) 3m. Annually, schedule 2 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.