AB21: Bill Text

AB21,1277,3 118.40 (7) (am) 2. A charter school established under sub. (2r) or a private school located in the school district operating under ch. 119 that is converted to a charter school is not an instrumentality of any school district and no school board may employ any personnel for the charter school. If the chancellor of the University of Wisconsin-Parkside contracts for the establishment of a charter school under sub. (2r), the board of regents of the University of Wisconsin System Authority may employ instructional staff for the charter school.

AB21,3302 Section 3302. 118.43 (1) (b) of the statutes is amended to read:

AB21,1277,7 118.43 (1) (b) "Low income" means the measure of low income that is used by the school district under 20 USC 2723 pupils who satisfy the income eligibility criteria 42 USC 1758 (b) (1).

AB21,3303 Section 3303. 118.50 of the statutes is created to read:

AB21,1277,14 118.50 Whole grade sharing. (1) Agreement. The school boards of 2 or more school districts may enter into a whole grade sharing agreement that provides for all or a substantial portion of the pupils enrolled in one or more grades in any of the school districts to attend school in one or more of the other school districts for all or a substantial portion of a school day. School boards shall include in a whole grade sharing agreement all of the following:

AB21,1277,16 (a) The term of the agreement and the date by which each school board must notify the other participating school boards of its intent to renew the agreement.

AB21,1277,17 (b) The grade levels in each school district that are subject to the agreement.

AB21,1277,20 (c) The annual amount that the school board of a pupil's resident school district pays to the school board of the school district that the pupil attends under the agreement.

AB21,1277,23 (d) Which school board grants diplomas to pupils who, under the agreement, graduate from high school in a school district other than the pupil's resident school district.

AB21,1278,3 (e) Which school board is responsible for pupil records, as defined in s. 118.125 (1) (d), for pupils, who under the agreement, attend school in a school district other than the pupil's resident school district.

AB21,1278,6 (2) Procedure. (a) A school board may not enter into, extend, or renew a whole grade sharing agreement after February 1 of the school year preceding the school year in which the agreement, extension, or renewal takes effect.

AB21,1278,12 (b) At least 90 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall adopt a resolution stating its intention to do so. Within 10 days after adoption of the resolution, the school district clerk shall publish notice of the adoption of the resolution as a class 1 notice under ch. 985 in a newspaper published in the school district or post a notice of the adoption of the resolution as provided in s. 10.05.

AB21,1278,20 (c) Within 30 days after publication or posting, a petition signed by at least 20 percent of the electors residing in the school district may be filed with the school board requesting a feasibility study of the agreement. Upon receiving the petition, the school board shall contract with an organization approved by the department to conduct the feasibility study. If a feasibility study is required under this paragraph, the school board may not enter into, extend, or renew a whole grade sharing agreement until it receives the results of the study. The school board shall post the results of the feasibility study on the school district's Internet site.

AB21,1278,25 (d) At least 30 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall hold a public hearing in the school district at which the proposed agreement is described and at which any school district elector may comment on the proposed agreement. Two or more school boards that will be parties to the agreement may hold a joint public hearing in one of the school districts.

AB21,1279,3 (3) Transportation. (a) In addition to the requirements under sub. (1), a whole grade sharing agreement shall specify which school board is responsible for transporting pupils to and from the school they are attending under the agreement.

AB21,1279,5 (b) A whole grade sharing agreement may also specify which school board may provide transportation for pupils attending summer classes under the agreement.

AB21,1279,8 (c) If, under a whole grade sharing agreement, a school board provides transportation for fewer than all pupils, there shall be reasonable uniformity in the minimum and maximum distances pupils are transported.

AB21,1279,12 (4) Attendance areas. If a school board enters into a whole grade sharing agreement that designates more than one school district for the attendance of its pupils, the school board shall establish attendance areas within the school district for determining the school districts of attendance of the pupils.

AB21,1279,17 (5) Rights and privileges of nonresident pupils; participation in programs. (a) Except as provided in s. 118.134 (3m), a pupil attending a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.

AB21,1279,21 (b) A pupil attending a public school in a nonresident school district under this section is considered a resident of the nonresident school district for the purposes of participating in programs of a cooperative educational service agency or a county children with disabilities education board.

AB21,1279,24 (6) Full-time enrollment in nonresident district. If a whole grade sharing agreement provides for a pupil to attend a grade in a nonresident school district, the pupil may not attend that grade in the nonresident school district under s. 118.51.

AB21,1280,2 (7) School district reorganization. A whole grade sharing agreement entered into under this section is not an order of school district reorganization under ch. 117.

AB21,3304 Section 3304. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ag).

AB21,3305 Section 3305. 118.51 (1) (ad) of the statutes is created to read:

AB21,1280,6 118.51 (1) (ad) "Charter school" excludes a school under contract with an entity under s. 118.40 (2r) (b).

AB21,3306 Section 3306. 118.51 (2) of the statutes is amended to read:

AB21,1280,15 118.51 (2) Applicability. A Except as provided in s. 118.50 (6), a pupil may attend a public school, including a charter school, prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.

AB21,3307 Section 3307. 118.51 (14) (b) of the statutes is amended to read:

AB21,1281,9 118.51 (14) (b) Low-income assistance. The parent of a pupil who is eligible satisfies the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1) and who will be attending public school in a nonresident school district in the following school year under this section may apply to the department, on the form prepared under sub. (15) (a), for the reimbursement of costs incurred by the parent for the transportation of the pupil to and from the pupil's residence and the school that the pupil will be attending. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The reimbursement amount may not exceed the actual transportation costs incurred by the parent or 3 times the statewide average per pupil transportation costs, whichever is less. If the appropriation under s. 20.255 (2) (cy) in any one year is insufficient to pay the full amount of approved claims under this paragraph, payments shall be prorated among the parents entitled thereto. By the 2nd Friday following the first Monday in May following receipt of the parent's application under sub. (3) (a), the department shall provide to each parent requesting reimbursement under this paragraph an estimate of the amount of reimbursement that the parent will receive if the pupil attends public school in the nonresident school district in the following school year.

AB21,3308 Section 3308. 118.51 (16) (a) 1m. of the statutes is created to read:

AB21,1281,12 118.51 (16) (a) 1m. For the amount in the 2015-16 and 2016-17 school years, the amount determined under subd. 3. a. for the 2014-15 school year.

AB21,3309 Section 3309. 118.51 (16) (a) 3. b. of the statutes is amended to read:

AB21,1281,19 118.51 (16) (a) 3. b. Beginning with the amount in the 2015-16 2017-18 school year, the sum of the amount determined under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB21,3310 Section 3310. 118.52 (11) (b) of the statutes is amended to read:

AB21,1282,5 118.52 (11) (b) Low-income assistance. The parent of a pupil who is attending a course at an educational institution under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the educational institution that the pupil is attending for the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The department shall give preference under this paragraph to those pupils who are eligible satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

AB21,3311 Section 3311. 118.55 (7g) of the statutes is amended to read:

AB21,1282,17 118.55 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The state superintendent shall give preference under this subsection to those pupils who are eligible satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

AB21,3312 Section 3312. 118.57 of the statutes is created to read:

AB21,1282,24 118.57 Notice of educational options; review report grade; pupil assessments. (1) Annually, by January 31, each school board shall publish as a class 1 notice, under ch. 985, and post on its Internet site a description of the educational options available to the child, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time open enrollment, youth options, and course options.

AB21,1283,7 (2) The school board shall include in the notice under sub. (1) and in the letter sent under sub. (1) the most recent grade level assigned under s. 115.385 (2) to each school within the school district boundaries, including charter schools established under s. 118.40 (2r) and private schools participating in a parental choice program under s. 118.60 or 119.23. The letter sent by the school board shall inform parents that the full school and school district accountability report is available on the school board's Internet site.

AB21,3313 Section 3313. 118.60 (1) (b) of the statutes is repealed.

AB21,3314 Section 3314. 118.60 (1) (e) of the statutes is repealed.

AB21,3315 Section 3315. 118.60 (1) (f) of the statutes is repealed.

AB21,3316 Section 3316. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB21,1283,17 118.60 (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:

AB21,3317 Section 3317. 118.60 (2) (a) 1. a. of the statutes is amended to read:

AB21,1284,2 118.60 (2) (a) 1. a. Except as provided in par. (bm), 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 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 may continue to attend a private school under this section.

AB21,3318 Section 3318. 118.60 (2) (a) 1. c. of the statutes is created to read:

AB21,1284,10 118.60 (2) (a) 1. c. The family income of a pupil does not need to be verified under subd. 1. b. for a pupil who resided in a school district other than an eligible school district or a 1st class city school district in a school year, attended a participating private school in a school district other than an eligible school district or a 1st class city school district under the program under this section in that school year, and applies to attend a participating private school in any other school district in the school year immediately following that school year.

AB21,3319 Section 3319. 118.60 (2) (a) 2m. of the statutes is created to read:

AB21,1284,15 118.60 (2) (a) 2m. For a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, that begins participating in the program under this section in the 2015-16 school year or any school year thereafter, the pupil satisfies one or more of the following:

AB21,1284,17 a. The pupil was enrolled in a public school in the school district in which the pupil resides during the previous school year.

AB21,1284,18 b. The pupil was not enrolled in school in the previous school year.

AB21,1284,20 c. The pupil attended a private school under this section in the previous school year.

AB21,1284,22 d. The pupil is applying to kindergarten, first grade, or 9th grade in a private school participating in the program under this section.

AB21,3320 Section 3320. 118.60 (2) (a) 3. a. of the statutes is amended to read:

AB21,1285,5 118.60 (2) (a) 3. a. Except as provided in subd. 3. b. and c. and sub. (2) par. (ag) 1., the private school notified the state superintendent of its intent to participate in the program under this section or in the program under s. 119.23, and paid the nonrefundable fee, set by the department as required under s. 119.23 (2) (a) 3., by February 1 January 10 of the previous school year. The notice shall specify the number of pupils participating in the program under this section and in the program under s. 119.23 for which the school has space.

AB21,3321 Section 3321. 118.60 (2) (a) 6. a. of the statutes is amended to read:

AB21,1285,10 118.60 (2) (a) 6. a. Except as provided in subd. 6. c. and d., all of the private school's teachers have a teaching license issued by the department or a bachelor's degree or a degree or educational credential higher than a bachelor's degree, including a masters or doctorate, from an accredited institution of higher education.

AB21,3322 Section 3322. 118.60 (2) (a) 6. b. of the statutes is amended to read:

AB21,1285,14 118.60 (2) (a) 6. b. All of the private school's administrators have at least a bachelor's degree from an accredited institution of higher education or a teaching license or administrator's license issued by the department.

AB21,3323 Section 3323. 118.60 (2) (be) of the statutes is repealed.

AB21,3324 Section 3324. 118.60 (3) (a) (intro.) and 1. (intro.) of the statutes are consolidated, renumbered 118.60 (3) (a) (intro.) and amended to read:

AB21,1286,5 118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. Within 60 days after receiving the application, the private school shall notify each applicant, in writing, whether his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. Subject to pars. (ag) and (ar), a A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. Except as provided in pars. (ag) and (ar), the The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that: 1. The the private school may give preference to the following in accepting applications to any of the following, in the order of preference listed:

AB21,3325 Section 3325. 118.60 (3) (a) 1. a. to c. and 2. of the statutes are repealed.

AB21,3326 Section 3326. 118.60 (3) (a) 1m., 2m., 3., 4. and 5. of the statutes are created to read:

AB21,1286,10 118.60 (3) (a) 1m. Pupils who attended the private school under this section during the previous school year.

AB21,1286,11 2m. Siblings of pupils described in subd. 1m.

AB21,1286,13 3. Pupils who attended a different private school under this section or s. 119.23 during the previous school year.

AB21,1286,14 4. Siblings of pupils described under subd. 3.

AB21,1286,17 5. Siblings of those pupils who have been randomly accepted to attend the private school under this section and who did not attend a private school under this section or s. 119.23 during the previous school year.

AB21,3327 Section 3327. 118.60 (3) (ag) of the statutes is repealed.

AB21,3328 Section 3328. 118.60 (3) (ar) of the statutes is repealed.

AB21,3329 Section 3329. 118.60 (3) (c) of the statutes is amended to read:

AB21,1287,2 118.60 (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) (be) and (bm), be admitted to a private school participating in the program under this section for the following school year.

AB21,3330 Section 3330. 118.60 (3) (d) of the statutes is created to read:

AB21,1287,9 118.60 (3) (d) By the 3rd Friday in September, a pupil or a pupil's parent or guardian shall notify, using a form provided by the department, the department that the pupil is currently participating in the program under this section. The form provided by the department under this paragraph shall require a pupil or a pupil's parent or guardian to indicate the school year during which the pupil first began participating in the program under this section.

AB21,3331 Section 3331. 118.60 (4) (a) of the statutes is amended to read:

AB21,1287,15 118.60 (4) (a) Annually, on or before October 15 1, a private school participating in the program under this section shall file with the department a report stating its summer average daily membership equivalent and its summer choice average daily membership equivalent attendance for each day of summer school for the purpose of sub. (4m).

AB21,3332 Section 3332. 118.60 (4) (bg) 2m. of the statutes is created to read:

AB21,1287,23 118.60 (4) (bg) 2m. Except as provided in subd. 4. and subject to subd. 6., in the 2015-16 and 2016-17 school years, 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 either of $7,210, if the pupil is enrolled in a grade from kindergarten to 8, or of $7,856, if the pupil is enrolled in a grade from 9 to 12.

AB21,3333 Section 3333. 118.60 (4) (bg) 3. (intro.) and 118.60 (4) (bg) 3. b. of the statutes are consolidated, renumbered 118.60 (4) (bg) 3. and amended to read:

AB21,1288,13 118.60 (4) (bg) 3. In Subject to subd. 6., in the 2015-16 2017-18 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, except as provided in subd. 5., 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), the lesser of the following: b. Except as provided in subd. 5., an amount equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.