LRB-4054/2
TKK&TJD:sac/emw/ahe
2015 - 2016 LEGISLATURE
February 3, 2016 - Introduced by Representatives Pope and Barca. Referred to
Committee on State Affairs and Government Operations.
AB854,2,8
1An Act to repeal 118.60 (2) (bm), 118.60 (4) (bg), 118.60 (11) (d), 119.23 (4) (bg)
2and 119.23 (11) (d);
to renumber and amend 118.31 (1);
to amend 20.255 (1)
3(f), 49.45 (23) (a), 49.471 (4) (a) 4. b., 115.28 (7) (b), 118.016 (1) (c), 118.016 (1g),
4118.016 (1r), 118.016 (2), 118.19 (1), 118.30 (5m), 118.305 (1) (h), 118.305 (3) (e),
5118.31 (2), 118.31 (3) (intro.), 118.31 (4), 118.31 (5), 118.31 (6), 118.60 (2) (a)
6(intro.), 118.60 (2) (a) 1. a., 118.60 (2) (c), 118.60 (3) (c), 118.60 (4r) (a), 118.60
7(7) (am) 2m. a., 118.60 (7) (b) 3m., 118.60 (7) (d) 1. b., 118.60 (10) (a) 7., 118.60
8(10) (c), 119.23 (2) (a) 1. a., 119.23 (2) (c), 119.23 (4r) (a), 119.23 (7) (am) 2m. a.,
9119.23 (7) (b) 3m., 119.23 (7) (d) 1. b., 119.23 (10) (a) 3., 119.23 (10) (a) 7. and
10119.23 (10) (c);
to repeal and recreate 118.60 (4m) and 119.23 (4m); and
to
11create 49.471 (1) (cr), 49.471 (4g), 118.016 (1) (bm), 118.305 (1) (gm), 118.31 (1)
12(b), 118.33 (1) (f) 5., 118.60 (2) (a) 1. am., 118.60 (2) (a) 6m., 118.60 (2) (a) 9.,
13118.60 (2) (a) 10., 118.60 (2) (d), 118.60 (4) (bd), 118.60 (4) (be), 118.60 (7) (b) 9.,
14118.60 (7) (d) 1. d., 118.60 (7) (i), 118.60 (10) (a) 9., 118.60 (10) (a) 10., 118.60 (10)
1(bg), 118.60 (10) (br), 119.23 (2) (a) 1. am., 119.23 (2) (a) 6m., 119.23 (2) (a) 9.,
2119.23 (2) (a) 10., 119.23 (2) (d), 119.23 (4) (bd), 119.23 (4) (be), 119.23 (7) (b) 9.,
3119.23 (7) (d) 1. d., 119.23 (7) (i), 119.23 (10) (a) 9., 119.23 (10) (a) 10., 119.23 (10)
4(bg), 119.23 (10) (br) and 120.13 (1) (i) of the statutes;
relating to: Medicaid
5expansion and eligibility for BadgerCare Plus and BadgerCare Plus Core,
6accountability provisions for private schools participating in a parental choice
7program, requiring the exercise of rule-making authority, and making an
8appropriation.
Analysis by the Legislative Reference Bureau
This bill makes changes to the family income eligibility level for BadgerCare
and requires the Department of Health Services (DHS) to take certain steps to
qualify for federal medical assistance funds. This bill also makes a number of
changes to the law governing the Milwaukee Parental Choice Program, the Racine
Parental Choice Program, and the statewide parental choice program (parental
choice programs). The changes are to take effect in the 2016-17 school year.
Medicaid expansion
The bill changes the family income eligibility level to up to 133 percent of the
federal poverty line for parents and caretaker relatives under BadgerCare Plus
(BC+) and for childless adults under BC+ Core. Currently, DHS administers the
Medical Assistance (MA) program, which is a joint federal and state program that
provides health services to individuals who have limited financial resources. Some
MA services are provided through programs that operate under a waiver of federal
Medicaid laws, including services provided through the BadgerCare Plus (BC+) and
BadgerCare Plus Core (BC+ Core) programs. The federal Patient Protection and
Affordable Care Act allows a state to receive an enhanced federal medical assistance
percentage (FMAP) payment for providing benefits to certain individuals through a
state's MA program. The bill requires DHS to comply with all federal requirements
and to request any amendment to the state MA plan, waiver of Medicaid law, or other
federal approval necessary to qualify for the highest available enhanced FMAP for
parents and caretaker relatives and childless adults eligible for BC+ Core.
Family income for pupil eligibility
Current law permits a pupil to attend a participating private school under the
Racine Parental Choice Program or the Milwaukee Parental Choice Program if the
pupil resides in the Racine Unified School District (RUSD) or the Milwaukee Public
School District (MPS), respectively, and the family income of the pupil does not
exceed three times the federal poverty level. Current law also permits a pupil who
resides in a school district other than RUSD or MPS to attend a participating private
school if the family income of the pupil does not exceed 1.85 times the federal poverty
level. Under each parental choice program, if the family income of a pupil who is
attending a private school under the program increases, the pupil may continue to
attend a private school under the program.
Under this bill, beginning in the 2016-17 school year, no pupil whose family
income exceeds 1.85 times the federal poverty level may attend a participating
private school under any of the parental choice programs. The bill makes no changes
to the provisions governing a pupil who is attending a private school under the
program and whose family income increases.
Per pupil payments
Under current law, beginning in the 2015-16 school year, the maximum per
pupil payment in any given school year is equal to the maximum per pupil payment
in the previous school year plus the revenue limit per pupil adjustment, if positive,
provided to school districts in the current year plus the change in total categorical
aid funding per pupil, if positive, from the prior year to the current year.
This bill eliminates this method for determining per pupil payments to
participating private schools. Under this bill, beginning in the 2016-17 school year,
for each pupil enrolled in a private school under a parental choice program, the
department must pay the lesser of the following: a) the private school's per pupil
eligible education expenses; b) a rolling average of the tuition paid by a pupil
attending the private school, but not under a parental choice program, in the current
and two preceding school years; or c) $6,442.
Teacher licensure
With certain exceptions, current law requires that the teachers and
administrators employed by a private school participating in a parental choice
program have at least a bachelor's degree from an accredited institution of higher
education. The teachers and administrators are not required to be licensed by the
department.
With certain exceptions, this bill requires that all instructional staff of private
schools participating in a parental choice program hold a license or permit issued by
the department. "Instructional staff" means all professional employees who have as
part of their responsibility direct contact with pupils or with the private school's
instructional program.
Background investigations of teachers and administrators
Under current law, the state superintendent of public instruction (state
superintendent) must, with the assistance of the Department of Justice (DOJ),
conduct a background investigation of each applicant for issuance or renewal of a
license or permit. Current law requires the state superintendent to revoke a license
issued to an individual (licensee) by the state superintendent for incompetency or
immoral conduct on the part of the licensee; if the licensee is convicted of certain
Class A, B, C, D, E, F, G, or H felonies or certain other crimes or violations, including
sex offenses; or if the licensee is liable for delinquent taxes or is delinquent in making
court-ordered payments of child or family support payments.
This bill requires each private school participating in a parental choice program
to conduct a background check of each teacher and administrator employed by the
private school on the effective date of the bill. The bill also requires each
participating private school to conduct a background check prior to extending an
offer of employment to an individual who applies to teach in or serve as an
administrator of the private school. Finally, the bill requires the private school to
annually conduct a background check of each teacher and administrator employed
by the private school. The bill prohibits a participating private school from
employing a teacher or administrator who would not be eligible for employment in
a public school for any of the reasons identified above. The bill also authorizes the
state superintendent to immediately terminate a private school's participation in a
parental choice program if the owner of the private school would not be eligible for
employment for any of the reasons identified above or if the private school employs
a teacher or administrator without conducting a background check or the teacher or
administrator would be ineligible to be licensed for any of the reasons identified
above.
Reading readiness assessments of participating pupils
Under current law, each school board and the governing body of each
independent charter school must assess each pupil enrolled in four-year-old
kindergarten to second grade for reading readiness or grade-level reading
achievement.
This bill extends this requirement to private schools participating in a parental
choice program. The requirement applies only to those pupils attending the private
school under the program. The bill also authorizes the state superintendent of public
instruction to issue an order barring a private school from participating in a parental
choice program for the current school year if it violates the requirement described
above.
Criteria for awarding a high school diploma to participating pupils
Current law requires the governing body of each private school participating
in a parental choice program to develop a policy specifying criteria for granting a high
school diploma to pupils attending the school under the program. The criteria must
include the pupil's academic performance and the recommendations of teachers. The
private school may not grant a high school diploma to any pupil attending the school
under the program unless the pupil satisfies the criteria specified in the policy.
Beginning in the 2016-17 school year, this bill requires a private school
participating in a parental choice program to include in its policy the requirements
for granting a high school diploma applicable to public school pupils. These
requirements include earning a specified minimum number of credits in certain
subjects and, in grades 9 to 12, being enrolled in a class or participating in an activity
approved by the school board during each class period of each school day.
The bill also authorizes the state superintendent of public instruction to issue
an order barring a private school from participating in a parental choice program for
the current school year if the private school fails to include these new requirements
in its high school graduation policy.
Corporal punishment of pupils enrolled in a participating private school
Under current law, no official, employee, or agent of a school district (school
employee) may subject a pupil enrolled in the school district to corporal punishment.
Current law defines corporal punishment to mean "the intentional infliction of
physical pain which is used as a means of discipline." Current law permits a school
employee to use reasonable and necessary force under certain circumstances,
including to obtain possession of a weapon from a pupil, protect the safety of others,
or quell a disturbance. Each school board must establish a policy to outline the
circumstances in which a school employee may use reasonable and necessary force.
This bill extends these provisions regarding corporal punishment to private
schools participating in a parental choice program, and permits the state
superintendent to issue an order barring the private school from participating in a
parental choice program for the current school year if the private school fails to
comply with these provisions.
Expulsion of pupils from participating private schools
Under current law, a pupil may be expelled from a public school for repeatedly
violating school rules; making a bomb threat; or endangering or threatening to
endanger the property, health, or safety of others. A pupil who has a firearm at school
must be expelled for at least one year. Before expelling a pupil, the school board must
provide a hearing at which the pupil or his or her parent may be represented by an
attorney. After the hearing, the school board must issue a written decision, which
may be appealed to the state superintendent of public instruction.
This bill directs the department to promulgate rules establishing a procedure
for the expulsion of pupils attending a private school under a parental choice
program by the governing body of the private school. The rules must adhere as
closely as feasible to the statutory provisions governing the expulsion of pupils from
public schools.
The bill also authorizes the state superintendent to issue an order barring a
private school from participating in a parental choice program for the current school
year if the private school violates the rules described above.
Regular building inspection of certain participating private schools
Under current law, before a private school may participate in a parental choice
program, the private school must submit to the department a copy of the certificate
of occupancy (certificate) issued for the private school building by the municipality
within which the private school is located. If the municipality does not issue
certificates, the private school may submit either a certificate issued by a local or
regional governmental unit with authority to issue such a certificate or a letter or
form from the municipality that explains that the municipality does not issue
certificates.
This bill requires a private school located in a municipality that does not issue
certificates to annually obtain a building inspection of the school building.
Miscellaneous other provisions
Under current law, the department may only release data related to enrollment
of, standardized test results for, and other information related to pupils participating
in a parental choice program all at the same time, uniformly, and completely. This
bill eliminates this requirement.
This bill requires a private school participating in a parental choice program
to permit public inspection and copying of any record of the private school that
relates to pupils attending the private school under the program to the same extent
as required of, and subject to the same terms and enforcement provisions that apply
to, a school board. The bill authorizes the department to issue an order barring the
private school from participating in the parental choice program for the current
school year if the private school violates this requirement.
This bill requires that a private school be located in this state in order to
participate in a parental choice program.
This bill provides that a private school may participate in a parental choice
program only if it has been in operation for the attendance of pupils for at least two
school years. The bill also provides that no more than 49 percent of a private school's
enrollment may consist of pupils attending the private school under a parental choice
program.
Currently, a private school participating in a parental choice program must
schedule two meetings each year at which members of the school's governing board
will be present and at which pupils and prospective pupils and their parents may
meet and communicate with the members of the governing board.
This bill requires a private school participating in a parental choice program
to hold at least one such meeting each month. The bill requires that the meetings
be open to the public and that the private school provide public notice of the meetings
in the same manner as notice of meetings of governmental bodies is required to be
provided. Finally, the bill authorizes the department to issue an order barring the
private school from participating in the parental choice program for the current
school year if the private school violates these requirements.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB854,7,23
20.255
(1) (f)
Assessments of reading readiness. The amounts in the schedule
4to provide school districts
and, independent charter schools under s. 118.40 (2r) and
5(2x)
, and the governing bodies of private schools participating in a parental choice
1program under s. 118.60 or 119.23 with the assessments of reading readiness under
2s. 118.016.
AB854,2
3Section
2. 49.45 (23) (a) of the statutes is amended to read: