AB21: Bill Text

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AB21,3327 Section 3327. 118.60 (3) (ag) of the statutes is repealed.

AB21,3328 Section 3328. 118.60 (3) (ar) of the statutes is repealed.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

AB21,3334 Section 3334. 118.60 (4) (bg) 3. a. of the statutes is repealed.

AB21,3335 Section 3335. 118.60 (4) (bg) 5. (intro.) of the statutes is amended to read:

AB21,1288,20 118.60 (4) (bg) 5. (intro.) If the pupil described in subd. 3. is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, the state superintendent shall substitute for the amount described in subd. 3. b. the amount determined under subd. 4. a. to d., with the following modifications:

AB21,3336 Section 3336. 118.60 (4) (bg) 6. of the statutes is created to read:

AB21,1288,23 118.60 (4) (bg) 6. This paragraph applies only to pupils who participated in the program under this section before the 2015-16 school year.

AB21,3337 Section 3337. 118.60 (4) (bk) of the statutes is created to read:

AB21,1289,4 118.60 (4) (bk) 1. In this paragraph, "incoming choice pupil" means a pupil who begins participating in the program under this section in the 2015-16 school year or any school year thereafter who is enrolled in a private school under this section during the school term.

AB21,1289,9 2. For an incoming choice pupil, 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) (ac), the amount determined by the state superintendent as follows:

AB21,1289,10 a. Identify each school district in which an incoming choice pupil resides.

AB21,1289,15 b. For each school district identified under subd. 2. a., calculate that school district's per pupil equalization aid by dividing the total amount of state aid that the school district is eligible to receive under s. 121.08 after making the reduction under s. 121.08 (4) (a) but before making the reduction under s. 121.08 (4) (c) by the school district's membership that was used to calculate the state aid under s. 121.08.

AB21,1289,18 c. For each school district identified under subd. 2. a., multiply the school district's per pupil equalization aid calculated under subd. 2. b. by the number of incoming choice pupils residing in the school district.

AB21,1289,20 d. Add together all of the amounts determined under subd. 2. c. for school districts identified under subd. 2. a.

AB21,1289,22 e. Divide the amount determined under subd. 2. d. by the total number of incoming choice pupils.

AB21,1290,6 3. By October 15, using the most accurate data available, the state superintendent shall calculate the per pupil amount under subd. 2. for the current school year. Any adjustments to that calculation shall be made by increasing or decreasing the payment to a participating private school made in September of the following school year. If the private school is not participating in the program under this section in September of the following school year, the department shall make any adjustments to the calculation by making a separate payment to the private school or if the adjustment is a decrease, the private school shall refund the department for any overpayment it received under this subsection or sub. (4m).

AB21,3338 Section 3338. 118.60 (4) (c) of the statutes is renumbered 118.60 (4) (c) 1. and amended to read:

AB21,1290,15 118.60 (4) (c) 1. The Subject to subd. 2., the state superintendent shall pay 25 percent of the total amount under this subsection in September, 25 percent in November, 25 percent in February, and 25 percent in May. Each installment may consist of a single check for all pupils attending the private school under this section. The state superintendent shall include the entire amount under sub. (4m) in the November installment, but the payment shall be made in a separate check from the payment under this subsection.

AB21,3339 Section 3339. 118.60 (4) (c) 2. of the statutes is created to read:

AB21,1290,22 118.60 (4) (c) 2. Beginning with payments for the 2016-17 school year, the portion of the September payment that is for a pupil under par. (bk) shall be based on the per pupil payment under par. (bk) in the previous school year. Any adjustment to ensure that a participating private school receives the total amount due under this section for pupil payments under par. (bk) shall be made by increasing or decreasing the amount paid in May of the current school year.

AB21,3340 Section 3340. 118.60 (4) (d) of the statutes is repealed.

AB21,3341 Section 3341. 118.60 (4m) (a) (intro.) of the statutes is renumbered 118.60 (4m) (a) 1m. (intro.) and amended to read:

AB21,1291,6 118.60 (4m) (a) 1m. (intro.) In addition to the payment under sub. (4), the state superintendent shall, subject to par. (b), pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending summer school in the private school under this section during a summer and in the manner described in sub. (4) (c), from the appropriation under s. 20.255 (2) (fr), an amount determined as follows:

AB21,3342 Section 3342. 118.60 (4m) (a) 1. of the statutes is renumbered 118.60 (4m) (a) 1m. a.

AB21,3343 Section 3343. 118.60 (4m) (a) 2. of the statutes is renumbered 118.60 (4m) (a) 1m. b. and amended to read:

AB21,1291,11 118.60 (4m) (a) 1m. b. Multiply the amount under subd. 1. 1m. a. by 0.05.

AB21,3344 Section 3344. 118.60 (4m) (a) 2m. of the statutes is created to read:

AB21,1291,14 118.60 (4m) (a) 2m. This paragraph applies only to pupils who participated in the program under this section before the 2015-16 school year.

AB21,3345 Section 3345. 118.60 (4m) (am) of the statutes is created to read:

AB21,1291,22 118.60 (4m) (am) For a pupil who begins participating in the program under this section in the 2015-16 school year or any school year thereafter, in addition to the payment under sub. (4) and subject to par. (b), the state superintendent shall pay to the private school participating in the program under this section that the pupil attends during a summer in the manner described in sub. (4) (c), on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (ac), an amount determined as follows:

AB21,1291,24 1. Determine the amount that would have been paid under sub. (4) (bk) in the immediately preceding school term.

AB21,1291,25 2. Multiply the amount under subd. 1. by 0.05.

AB21,3346 Section 3346. 118.60 (4m) (b) (intro.) of the statutes is amended to read:

AB21,1292,3 118.60 (4m) (b) (intro.) A participating private school may receive a per pupil payment under par. (a) or (am) if all of the following are satisfied:

AB21,3347 Section 3347. 118.60 (4m) (b) 3. of the statutes is amended to read:

AB21,1292,7 118.60 (4m) (b) 3. Each pupil for whom the private school seeks a payment under par. (a) or (am) attends no fewer than 15 days of summer instruction at the private school during that summer.

AB21,3348 Section 3348. 118.60 (4r) (intro.) of the statutes is renumbered 118.60 (4r) (am) (intro.) and amended to read:

AB21,1292,18 118.60 (4r) (am) (intro.) If, after the 3rd Friday in September in any school year, a private school participating in the program under this section closes, for each installment under sub. (4) (c) that was not paid to the private school in that school year, the state superintendent shall pay to the board of the school district within which the pupil resides, from the appropriation under s. 20.255 (2) (fv), the amount determined, for each pupil who participated in the program under this section before the 2015-16 school year who had been attending the private school under this section in that school year and who enrolls in the school district within which the pupil resides in that school year, as follows:

AB21,3349 Section 3349. 118.60 (4r) (a) of the statutes is renumbered 118.60 (4r) (am) 1.

AB21,3350 Section 3350. 118.60 (4r) (b) of the statutes is renumbered 118.60 (4r) (am) 2. and amended to read:

AB21,1292,22 118.60 (4r) (am) 2. Multiply the product under par. (a) subd. 1. by 0.25.

AB21,3351 Section 3351. 118.60 (4r) (bm) of the statutes is created to read:

AB21,1293,7 118.60 (4r) (bm) If, after the 3rd Friday in September in any school year, a private school participating in the program under this section closes, for each installment under sub. (4) (c) that was not paid to the private school in that school year, the state superintendent shall pay to the board of the school district within which the pupil resides, from the appropriation under s. 20.255 (2) (ac), the amount determined, for each pupil who participated in the program under this section beginning in the 2015-16 school year or any school year thereafter who had been attending the private school under this section in that school year and who enrolls in the school district within which the pupil resides in that school year, as follows:

AB21,1293,8 1. Multiply the amount determined under sub. (4) (bk) by 0.667.

AB21,1293,9 2. Multiply the product under subd. 1. by 0.25.

AB21,3352 Section 3352. 118.60 (6m) (b) 1. of the statutes is amended to read:

AB21,1293,16 118.60 (6m) (b) 1. The number of pupils attending the private school under this section in the previous school year who began participating in the program under this section in the 2015-16 school year or any school year thereafter and the number of pupils attending the private school under this section in the previous school year who began participating in the program under this section before the 2015-16 school year.

AB21,3353 Section 3353. 118.60 (6m) (b) 3. (intro.) and d. of the statutes are consolidated, renumbered 118.60 (6m) (b) 3. and amended to read:

AB21,1293,22 118.60 (6m) (b) 3. For each of the previous 5 school years in which the private school has participated in the program under this section, all of the following information: d. To to the extent permitted under 20 USC 1232g and 43 CFR part 99, pupil scores on all standardized tests administered under sub. (7) (e) s. 118.30 (1t).

AB21,3354 Section 3354. 118.60 (6m) (b) 3. a. to c. of the statutes are repealed.

AB21,3355 Section 3355. 118.60 (7) (am) 1. of the statutes is amended to read:

AB21,1294,19 118.60 (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). 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 audit shall be prepared in accordance with generally accepted accounting principles, as modified by the department. The audit shall include a calculation of the private school's net eligible educational programming costs and a calculation of the balance of the private school's fund for future educational programming costs. 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.

AB21,3356 Section 3356. 118.60 (7) (e) of the statutes is amended to read:

AB21,1294,25 118.60 (7) (e) Each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1t) or examinations permitted under s. 118.301 (3) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils.

AB21,3357 Section 3357. 118.60 (8) of the statutes is repealed.

AB21,3358 Section 3358. 118.60 (10) (a) 3. of the statutes is amended to read:

AB21,1295,5 118.60 (10) (a) 3. Failed to refund to the state any overpayment made under s. 118.60 (4) (b), 2011 stats., or s. 118.60 (4) (bg), 2011 stats., or under sub. (4) (bg) or (4m) by the date specified by department rule.

AB21,3359 Section 3359. 119.04 (1) of the statutes is amended to read:

AB21,1295,16 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

AB21,3360 Section 3360. 119.23 (1) (ah) of the statutes is repealed.

AB21,3361 Section 3361. 119.23 (1) (b) of the statutes is repealed.

AB21,3362 Section 3362. 119.23 (1) (c) of the statutes is repealed.

AB21,3363 Section 3363. 119.23 (2) (a) 1. a. of the statutes is amended to read:

AB21,1296,5 119.23 (2) (a) 1. a. 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. d., 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, including a pupil who attended a private school under this section in the 2010-11 school year and whose family income has increased, may continue to attend a private school under this section.

AB21,3364 Section 3364. 119.23 (2) (a) 1. d. of the statutes is created to read:

AB21,1296,14 119.23 (2) (a) 1. d. In this subd. 1. d., "eligible school district" has the meaning given in s. 118.60 (1) (am). 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 and other than the school district operating under this chapter in a school year, attended a participating private school under the program under s. 118.60 in a school district other than an eligible school district in that school year, and applies to attend a participating private school in the program under this section in the school year immediately following that school year.

AB21,3365 Section 3365. 119.23 (2) (a) 3. of the statutes is amended to read:

AB21,1296,25 119.23 (2) (a) 3. Except as provided in 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. 118.60, and paid the nonrefundable annual fee set by the department, 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. 118.60 for which the school has space. The department shall by rule set the fee charged under this subdivision at an amount such that the total fee revenue covers the costs of employing one full-time auditor to evaluate the financial information submitted by private schools under sub. (7) (am) and (d) 2. and 3. and under s. 118.60 (7) (am) and (d) 2. and 3.

AB21,3366 Section 3366. 119.23 (2) (a) 6. a. of the statutes is amended to read:

AB21,1297,5 119.23 (2) (a) 6. a. Except as provided in subd. 6. c., 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.

AB21,3367 Section 3367. 119.23 (2) (a) 6. b. of the statutes is amended to read:

AB21,1297,9 119.23 (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.

AB21,3368 Section 3368. 119.23 (3) (a) (intro.) of the statutes is amended to read:

AB21,1297,22 119.23 (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. A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference to the following in accepting applications to any of the following, in order of preference listed: