LRB-3963/1
TKK:amn
2015 - 2016 LEGISLATURE
January 22, 2016 - Introduced by Senators Vukmir and Kapenga, cosponsored by
Representatives Jagler, E. Brooks, Gannon, Horlacher, Katsma, Knudson,
Knodl, Kremer, Murphy, Petersen, Quinn, Rodriguez, Sanfelippo and
Spiros. Referred to Committee on Education.
SB615,1,8
1An Act to repeal 115.7915 (1) (a) and 115.7915 (5) (c);
to renumber and amend
2115.7915 (4m) (e) 1.;
to amend 115.7915 (2) (intro.), 115.7915 (2) (b), 115.7915
3(2) (c), 115.7915 (2) (d), 115.7915 (2) (e), 115.7915 (2) (f), 115.7915 (2) (g),
4115.7915 (3) (a), 115.7915 (3) (b), 115.7915 (4) (b), 115.7915 (4m) (e) 2., 115.7915
5(6) (a) and 115.7915 (6) (h) 2.;
to create 115.7915 (2) (h), 115.7915 (4m) (e) 1.
6a. and 115.7915 (8) (c) of the statutes; and
to affect 2015 Wisconsin Act 55,
7section
9134 (6q) (intro.) and
2015 Wisconsin Act 55, section
9134 (6q) (c);
8relating to: special needs scholarship program.
Analysis by the Legislative Reference Bureau
This bill makes several changes to the Special Needs Scholarship Program,
created in the 2015-17 Biennial Budget Act. Under the program, beginning in the
2016-17 school year, children with disabilities who are enrolled in a public school in
this state may apply to the Department of Public Instruction to annually receive
financial assistance from the state to attend a participating private school in this
state.
Among other changes, this bill requires a child with a disability who wishes to
participate in the program to have an Individualized Education Program or services
plan in effect prior to being eligible to participate. Current law requires only that
the IEP or services plan to be completed for the child. The bill also permits a child
with a disability to apply for a scholarship and to attend a private school under the
program at any time during a school year. In addition, the bill requires the parent
or guardian of a child attending a private school under the program to make the child
available no more than once every three years for a reevaluation of the child's IEP
and services plan. Finally, the bill requires a participating private school that
receives more applications under the program than the number of spaces available
at the school to accept applications in the order in which they are received; current
law requires the private school to select applicants on a random basis.
For further information see the state and local 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:
SB615,2,75
115.7915
(2) Scholarship requirements. (intro.) Beginning in the 2016-17
6school year, the department shall provide to a child with a disability a scholarship
7under sub. (4m) (a) to attend
an eligible a private school if all of the following apply:
SB615,2,1110
115.7915
(2) (b) The governing body of the
eligible private school notified the
11department of its intent to participate in the program under this section.
SB615,3,614
115.7915
(2) (c) The
eligible school has been approved as a private school by the
15state superintendent under s. 118.165 (2) or is accredited by the Wisconsin North
16Central Association, Wisconsin Religious and Independent Schools Accreditation,
1the Independent Schools Association of the Central States, Wisconsin Evangelical
2Lutheran Synod School Accreditation,
Wisconsin Association of Christian Schools, 3National Lutheran School Accreditation, the diocese or archdiocese within which the
4private school is located, or any other organization recognized by the National
5Council for Private School Accreditation, as of the August 1 preceding the school term
6for which the scholarship is awarded.
SB615,3,109
115.7915
(2) (d) An individualized education program or services plan
has been
10completed is in effect for the child.
SB615,3,1513
115.7915
(2) (e) The child
attended
was enrolled in a public school in this state
14for the entire school year immediately preceding the school year for which the child
15first receives a scholarship under this section.
SB615,4,218
115.7915
(2) (f) The
child, or the child's parent
or guardian on behalf of the
19child,
or, for a child with a disability who has reached the age of 18 and has not been
20adjudicated incompetent, the child, submitted an application for a scholarship under
21this section
, on a form prepared by the department that includes the document
22developed by the department under sub. (4) (a) to the eligible school that the child
23will attend. A
child, or child's parent
, or guardian or a child with a disability who has
24reached the age of 18 may apply for a scholarship
at any time during a school year
1and
, subject to sub. (3) (b), a child may begin attending
an eligible a private school
2under this section at any time during the school year.
SB615,4,65
115.7915
(2) (g) The
eligible private school has accepted the child's application
6to attend the
eligible private school under a scholarship awarded under this section.
SB615,9
7Section
9. 115.7915 (2) (h) of the statutes is created to read:
SB615,4,198
115.7915
(2) (h) The child's parent or guardian consents to make the child
9available for a reevaluation, by the individualized education program team
10appointed for the child by the resident school district, within 60 days following a
11request for a reevaluation under this paragraph. Upon the request of the school
12board of the child's resident school district, the individualized education program
13team shall conduct the reevaluation required under this paragraph in the manner
14described under s. 115.782 (4) (a) 2. no more frequently than once every 3 years,
15determined from the date of the most recent evaluation or reevaluation conducted
16for the child under s. 115.782 or, for a child whose most recent evaluation or
17reevaluation was conducted more than 3 years before the child began attending a
18private school under this section, the date the child began attending a private school
19under this section.
SB615,5,222
115.7915
(3) (a) The governing body of
an eligible a private school that intends
23to participate in the program under this section shall notify the department of its
24intent. The governing body of the
eligible private school shall include in the notice
1under this paragraph the number of spaces the
eligible private school has available
2for children receiving a scholarship under this section.
SB615,5,105
115.7915
(3) (b) If a private school participating in the program under this
6section receives more applications for scholarships under sub. (2) (f) than the number
7of children specified in the notice under par. (a), it shall
select children on a random 8basis accept applicants in the order in which applications are received, except that
9it the private school may give preference to siblings of pupils who are already
10attending the private school.
SB615,5,2113
115.7915
(4) (b) Upon
being notified
receipt of notice under sub. (3) (c), the
14department shall
request verification from the child's resident school board that the
15child has an individualized education program or services plan in place for the child
16and notify the child's resident school board that
, pending verification that the
17requirements of sub. (2) have been satisfied, the child
has been will be awarded a
18scholarship under this section. The child's resident school board shall, within 3 days
19of receiving
the notice, a request under this paragraph, provide
verification to the
20department and
provide the governing body of the private school that accepted the
21child
with a copy of the child's individualized education program.
SB615,13
22Section
13. 115.7915 (4m) (e) 1. of the statutes, as created by
2015 Wisconsin
23Act 55, is renumbered 115.7915 (4m) (e) 1. (intro.) and amended to read:
SB615,6,224
115.7915
(4m) (e) 1. (intro.) If an individualized education program team, upon
25reevaluation of a child
as required under sub.
(5) (c), unanimously (2) (h), determines
1that a child receiving a scholarship under par. (a) is no longer a child with a disability,
2the all of the following apply:
SB615,6,4
3b. The child is not eligible to receive a scholarship under par. (a) beginning in
4the school term following the determination.
SB615,14
5Section
14. 115.7915 (4m) (e) 1. a. of the statutes is created to read:
SB615,6,86
115.7915
(4m) (e) 1. a. The child's resident school district shall notify the parent
7or guardian of the child of the procedural safeguards in place for the child under
20
8USC 1415.
SB615,6,2011
115.7915
(4m) (e) 2. If a child who has been determined to be ineligible under
12subd. 1. continues to attend the private school he or she attended under a scholarship
13awarded under par. (a), for each school year the child attends the private school
14beginning with the school year following the determination under subd. 1., the
15department shall pay, from the appropriation under s. 20.255 (2) (az), to the private
16school, on behalf of the child's parent or guardian, an amount equal to the
17appropriate per pupil amount paid to a private school participating in a parental
18choice program under s. 118.60 or 119.23 in that school year. The department shall
19make scholarship payments under this paragraph in accordance with
the payment
20schedule specified in s. 119.23 (4) (c).
SB615,7,2
1115.7915
(6) (a) Comply with all health and safety laws or codes that apply to
2private public schools.
SB615,7,115
115.7915
(6) (h) 2.
Provide a record of Within 5 days of receiving a request from
6the resident school board of a child with a disability attending the private school
7under this section, provide all records relating to the implementation of the child's
8individualized education program or services plan
by the private school, as required 9under subd. 1
., including an evaluation of the child's progress, to the school board of
10the school district in which the child resides in the form and manner prescribed by
11the department.
SB615,19
12Section
19. 115.7915 (8) (c) of the statutes is created to read:
SB615,7,1513
115.7915
(8) (c) The state superintendent may withhold payment under sub.
14(4m) from a private school participating in the program under this section if the
15private school violates this section.
SB615,7,2418[
2015 Wisconsin Act 55] Section 9134 (6q)
Special Needs Scholarship
19Program. (intro.) Notwithstanding section 115.7915 (2) of the statutes, as created
20by this act, the department shall award a scholarship to a child to attend
an eligible 21a private school in the 2016-17 school year under section 115.7915 of the statutes,
22as created by this act, if the child satisfies the eligibility requirements under section
23115.7915 (2) (b) to (d)
, (h), and (f) of the statutes, as created by this act, and all of the
24following conditions are met: