Amendment ASA1-AB64

AB64-ASA1,1485m Section 1485m. 115.79 (1) (b) of the statutes is amended to read:

AB64-ASA1,761,4 115.79 (1) (b) An educational placement is provided to implement a child's individualized education program. Except as provided in s. 118.51 (12) (b), if a child with a disability is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide an educational placement for the child and shall pay tuition charges instead of the school district in which the child resides if required by the placement.

AB64-ASA1,1486ap Section 1486ap. 115.7915 (1) (a) of the statutes is created to read:

AB64-ASA1,761,6 115.7915 (1) (a) “Eligible school” means a private school located in this state.

AB64-ASA1,1486b Section 1486b. 115.7915 (2) (intro.) of the statutes is amended to read:

AB64-ASA1,761,10 115.7915 (2) Scholarship requirements. (intro.) Beginning in the 2016-17 school year, the department shall provide to a child with a disability a scholarship under sub. (4m) (a) to attend a private an eligible school if all of the following apply:

AB64-ASA1,1486c Section 1486c. 115.7915 (2) (a) of the statutes is repealed.

AB64-ASA1,1486d Section 1486d. 115.7915 (2) (b) of the statutes is amended to read:

AB64-ASA1,761,14 115.7915 (2) (b) The governing body of the private eligible school notified the department of its intent to participate in the program under this section.

AB64-ASA1,1486e Section 1486e. 115.7915 (2) (c) of the statutes, as affected by 2017 Wisconsin Act 36, is amended to read:

AB64-ASA1,762,2 115.7915 (2) (c) The eligible school has been approved as a private school by the state superintendent under s. 118.165 (2) or is accredited by AdvancED, Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, Wisconsin Association of Christian Schools, National Lutheran School Accreditation, Christian Schools International, Association of Christian Schools International, the diocese or archdiocese within which the private eligible school is located, or any other organization recognized by the National Council for Private School Accreditation, as of the August 1 preceding the school term for which the scholarship is awarded.

AB64-ASA1,1486em Section 1486em. 115.7915 (2) (e) of the statutes is repealed.

AB64-ASA1,1487g Section 1487g. 115.7915 (2) (f) of the statutes, as affected by 2017 Wisconsin Act 36, is amended to read:

AB64-ASA1,762,14 115.7915 (2) (f) The child's parent or guardian on behalf of the child, or, for a child with a disability who has reached the age of 18 and has not been adjudicated incompetent, the child, submitted an application for a scholarship under this section on a form prepared by the department that includes the document developed by the department under sub. (4) to the eligible school that the child will attend. A child's parent or guardian or a child with a disability who has reached the age of 18 may apply for a scholarship at any time during a school year and, subject to sub. (3) (b), a child may begin attending a private an eligible school under this section at any time during the school year.

AB64-ASA1,1487m Section 1487m. 115.7915 (2) (g) of the statutes is amended to read:

AB64-ASA1,762,17 115.7915 (2) (g) The private eligible school has accepted the child's application to attend the private eligible school under a scholarship awarded under this section.

AB64-ASA1,1488g Section 1488g. 115.7915 (2) (h) of the statutes, as affected by 2017 Wisconsin Act 36, is amended to read:

AB64-ASA1,763,10 115.7915 (2) (h) The child's parent or guardian consents to make the child available for a reevaluation within 60 days following a request for a reevaluation under this paragraph. The individualized education program team appointed for the child by the resident school district shall conduct the reevaluation, except that, if the child is attending a private an eligible school under this section in a nonresident school district and the parent or guardian of the child provides written consent, an individualized education program team appointed for the child by that nonresident school district may conduct the reevaluation. Upon the request of the school board of the child's resident school district, the individualized education program team shall conduct the reevaluation required under this paragraph in the manner described under s. 115.782 (4) (a) 2. no more frequently than once every 3 years, determined from the date of the most recent evaluation or reevaluation conducted for the child under s. 115.782 or, for a child whose most recent evaluation or reevaluation was conducted more than 3 years before the child began attending a private an eligible school under this section, the date the child began attending a private an eligible school under this section.

AB64-ASA1,1488m Section 1488m. 115.7915 (3) (a) of the statutes is amended to read:

AB64-ASA1,763,16 115.7915 (3) (a) The governing body of a private an eligible school that intends to participate in the program under this section shall notify the department of its intent. The governing body of the private eligible school shall include in the notice under this paragraph the number of spaces the private eligible school has available for children receiving a scholarship under this section.

AB64-ASA1,1488r Section 1488r. 115.7915 (3) (bm) of the statutes, as affected by 2017 Wisconsin Act 36, is amended to read:

AB64-ASA1,764,6 115.7915 (3) (bm) Upon receipt of an application for a scholarship under sub. (2) (f), the governing body of the private eligible school shall determine whether the application satisfies the requirements under sub. (2), other than the requirement under sub. (2) (d), and shall request verification from the local education agency that developed the child's individualized education program or services plan that the child has an individualized education program or services plan in place that meets the requirement in sub. (2) (d). The governing body of the private eligible school shall also notify the child's resident school board that, pending verification that the requirements of sub. (2) have been satisfied, the child will be awarded a scholarship under this section. The local education agency shall, within 5 business days of receiving a request under this paragraph, provide the governing body of the private eligible school with a copy of the child's individualized education program or services plan.

AB64-ASA1,1492b Section 1492b. 115.7915 (4c) of the statutes is created to read:

AB64-ASA1,764,15 115.7915 (4c) Private school; statement of actual costs. Beginning in the 2018-19 school year, at the end of a school year in which a private school receives a scholarship under sub. (4m) on behalf of a child with a disability, the private school may submit to the department a financial statement and supporting documentation that shows the actual costs that the private school incurred to comply with sub. (6) (h) 1. for that child during that school year. The department shall provide the resident school board a copy of any financial statement and documentation it receives under this subsection.

AB64-ASA1,1492d Section 1492d. 115.7915 (4m) (a) 2. of the statutes is renumbered 15.7915 (4m) (a) 2. a. and amended to read:

AB64-ASA1,764,23 15.7915 (4m) (a) 2. a. Beginning in In the 2017-18 school year, the sum of the scholarship amount under this paragraph 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.

AB64-ASA1,1492e Section 1492e. 115.7915 (4m) (a) 2. b. of the statutes is created to read:

AB64-ASA1,765,6 115.7915 (4m) (a) 2. b. Beginning in the 2018-19 school year and subject to subd. 3., the sum of the scholarship amount 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.

AB64-ASA1,1492f Section 1492f. 115.7915 (4m) (a) 3. of the statutes is created to read:

AB64-ASA1,765,12 115.7915 (4m) (a) 3. Beginning in the 2019-20 school year, if a private school submitted a financial statement for a child with a disability under sub. (4c) in the previous school year, the amount shown on the financial statement for that child for the previous school year, up to 150 percent of the amount calculated under subd. 2. b. for the current school year.

AB64-ASA1,1492g Section 1492g. 115.7915 (4m) (b) of the statutes is amended to read:

AB64-ASA1,765,20 115.7915 (4m) (b) The department shall pay 25 percent of the total amount under par. (a) 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 children attending the private school who are receiving a scholarship under par. (a). The department shall include the entire amount under sub. (4p) in the November installment, but the payment shall be made in a separate check from the payment under this subsection.

AB64-ASA1,1492h Section 1492h. 115.7915 (4m) (c) of the statutes is amended to read:

AB64-ASA1,765,25 115.7915 (4m) (c) The department may not make a scholarship payment under par. (a) or sub. (4p) to a private school on behalf of a child's parent or guardian unless the child's parent or guardian has acknowledged receiving the private school's profile under sub. (6) (g) in the manner provided by the department.

AB64-ASA1,1492i Section 1492i. 115.7915 (4m) (cm) of the statutes is created to read:

AB64-ASA1,766,7 115.7915 (4m) (cm) If a private school receives a payment under par. (a) 3. and the amount shown on the financial statement submitted for the child with a disability under sub. (4c) in the previous school year is greater than 150 percent of the amount calculated under par. (a) 2. b. for the current school year, the department shall pay to the private school, from the appropriation under s. 20.255 (2) (az), the amount determined as follows:

AB64-ASA1,766,9 1. Multiply the amount calculated under par. (a) 2. b. for the current school year by 1.5.

AB64-ASA1,766,11 2. Subtract the product under subd. 1. from the amount shown on the financial statement.

AB64-ASA1,766,12 3. Multiply the difference determined under subd. 2. by 0.90.

AB64-ASA1,1492j Section 1492j. 115.7915 (4m) (f) 1. a. of the statutes is amended to read:

AB64-ASA1,766,16 115.7915 (4m) (f) 1. a. Determine the number of pupils sum of the amount paid for each child residing in the school district for whom a payment is made under par. (a) in that school year.

AB64-ASA1,1492k Section 1492k. 115.7915 (4m) (f) 1. b. of the statutes is repealed.

AB64-ASA1,1492L Section 1492L. 115.7915 (4m) (f) 1. df. of the statutes is created to read:

AB64-ASA1,766,20 115.7915 (4m) (f) 1. df. Identify the children residing in the school district for whom a payment is made under sub. (4p) in that school year.

AB64-ASA1,1492m Section 1492m. 115.7915 (4m) (f) 1. dh. of the statutes is created to read:

AB64-ASA1,766,23 115.7915 (4m) (f) 1. dh. Sum the payments made under sub. (4p) (a) for all of the children identified under subd. 1. df. for that school year.

AB64-ASA1,1492n Section 1492n. 115.7915 (4m) (f) 1. e. of the statutes is amended to read:

AB64-ASA1,767,2 115.7915 (4m) (f) 1. e. Sum the amounts calculated under subd. 1. b. and a., d., and dh.

AB64-ASA1,1492p Section 1492p. 115.7915 (4p) of the statutes is created to read:

AB64-ASA1,767,10 115.7915 (4p) Scholarship payment; summer school. (a) In addition to the scholarship amount under sub. (4m), the department shall, subject to par. (b) and sub. (4m) (c) and in the manner described in sub. (4m) (b), pay to a private school participating in the scholarship program under this section, on behalf of the parent or guardian of a child who attended a private school under this section during the immediately preceding school term and who attends summer school in the private school under this section during a summer, an amount determined as follows:

AB64-ASA1,767,12 1. Determine the scholarship amount under sub. (4m) that applied to the child in the immediately preceding school term.

AB64-ASA1,767,15 2. If the child attended summer school for at least 15 days of summer instruction at the private school during that summer, multiply the amount under subd. 1. by 0.05.

AB64-ASA1,767,20 3. If the child attended summer school for less than 15 days of summer instruction at the private school during that summer, multiply the amount under subd. 1. by 0.05, and multiply that product by the quotient determined by dividing the number of days of summer instruction the child attended during that summer by 15.

AB64-ASA1,767,22 (b) A participating private school may receive payment under par. (a) only if all of the following are satisfied:

AB64-ASA1,767,24 1. The private school offers no fewer than 19 summer days of instruction during that summer.

AB64-ASA1,768,2 2. Each summer day of instruction offered by the private school under subd. 1. is comprised of no fewer than 270 minutes of instruction.

AB64-ASA1,1492v Section 1492v. 115.7915 (6) (k) of the statutes is created to read:

AB64-ASA1,768,6 115.7915 (6) (k) Annually, on or before September 15, file with the department a report stating its summer daily attendance for each day of summer school for the purpose of sub. (4p).

AB64-ASA1,1493r Section 1493r. 115.7915 (8) (c) of the statutes is amended to read:

AB64-ASA1,768,10 115.7915 (8) (c) The state superintendent may withhold payment under sub. (4m) or (4p) from a private school participating in the program under this section if the private school violates this section.

AB64-ASA1,1494 Section 1494 . 115.88 (1) of the statutes is renumbered 115.88 (1) (a) and amended to read:

AB64-ASA1,768,23 115.88 (1) (a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district, or, upon authorization of the county board, a county children with disabilities education board may employ, for a special education program, either full-time or part-time licensed teachers, licensed coordinators of special education, school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class, and any other personnel approved by the department. The

AB64-ASA1,769,12 (b) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district, or, upon authorization of the county board, a county children with disabilities education board may contract with private or public agencies for substitute teaching and paraprofessional staffing services, physical or occupational therapy services, orientation and mobility training services, educational interpreter services, educational audiology, speech and language therapy, pupil transition services for eligible pupils who are 18 to 21 years old, or any service approved by the state superintendent, on the basis of demonstrated need. A school board may contract with a charter school to provide special education services to pupils attending the charter school if the charter school is under contract with the school board under s. 118.40 (2m) and the charter school is not an instrumentality of the school district.

AB64-ASA1,1495 Section 1495 . 115.88 (1m) (a) of the statutes is amended to read:

AB64-ASA1,770,2 115.88 (1m) (a) Subject to par. (b), upon receipt of the plan under s. 115.77 (4), if the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, charter school established under s. 118.40 (2r) or (2x), and school district maintaining such special education program a sum equal to the amount expended by the county, agency, charter school, and school district during the preceding year for salaries of personnel and services enumerated in sub. (1); the salary portion of any authorized contract for services under sub. (1); the salary portion of any contract to provide special education services to pupils attending a charter school, as authorized under sub. (1); (a) and (b) and other expenses approved by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB64-ASA1,1496 Section 1496 . 115.88 (1m) (ag) of the statutes is created to read:

AB64-ASA1,770,14 115.88 (1m) (ag) Subject to par. (b), if the state superintendent is satisfied that the special education program of an operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district has been maintained during the previous school year in accordance with law, the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for salaries of personnel and services enumerated in sub. (1) (a) and (b) and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph.

AB64-ASA1,1497 Section 1497 . 115.88 (1m) (am) of the statutes is repealed.

AB64-ASA1,1498 Section 1498 . 115.88 (1m) (b) of the statutes is amended to read:

AB64-ASA1,770,23 115.88 (1m) (b) The department shall promulgate rules establishing the percentage of the salaries of school nurses, licensed school social workers, licensed school psychologists, and licensed school counselors that may be certified under pars. par. (a) and (am) as costs eligible for reimbursement. For each category of personnel, the department shall base the percentage on the average percentage of work time that the category spends providing services to children with disabilities, including conducting evaluations under s. 115.782.

AB64-ASA1,1499 Section 1499 . 115.88 (2) of the statutes is repealed.

AB64-ASA1,1500 Section 1500 . 115.88 (2m) (title) of the statutes is amended to read:

AB64-ASA1,771,1 115.88 (2m) (title) Other Special or additional transportation ; aid.

AB64-ASA1,1501 Section 1501 . 115.88 (2m) of the statutes is renumbered 115.88 (2m) (b) and amended to read:

AB64-ASA1,771,19 115.88 (2m) (b) If the state superintendent is satisfied that a school board, board of control, operator of a charter school established under s. 118.40 (2r) or (2x), or established as a noninstrumentality charter school under s. 118.40 (2m) transports children with disabilities and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o county children with disabilities education board has provided special or additional transportation during the previous school year as described under par. (a), the state superintendent shall certify to the department of administration in favor of the school board, board of control, operator of the charter school, or county children with disabilities education board providing the transportation a sum equal to the amount that expended by the school board, board of control, operator of the charter school expended, or county children with disabilities education board during the previous school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.

AB64-ASA1,1502 Section 1502 . 115.88 (2m) (a) of the statutes is created to read:

AB64-ASA1,772,5 115.88 (2m) (a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), or, upon authorization of the county board, a county children with disabilities education board shall provide special or additional transportation as required in the individualized education program developed for the child with a disability under s. 115.787 (2) or as required under s. 121.54 (3). The operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of the school district shall provide special or additional transportation under this paragraph if the contract between the operator and the school board requires the operator to provide the special or additional transportation.

AB64-ASA1,1503 Section 1503 . 115.88 (2m) (c) of the statutes is created to read:

AB64-ASA1,772,16 115.88 (2m) (c) If the state superintendent is satisfied that the operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of the school district has provided special or additional transportation during the previous school year as described under par. (a), the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for providing the transportation as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph.

AB64-ASA1,1504 Section 1504 . 115.88 (10) of the statutes is created to read:

AB64-ASA1,772,20 115.88 (10) Audit of eligible costs. The state superintendent may audit costs under this section and adjust the amounts eligible for reimbursement to cover only actual, eligible costs.

AB64-ASA1,1504c Section 1504c. 115.881 (2) of the statutes is amended to read:

AB64-ASA1,772,25 115.881 (2) For each child whose costs exceeded $30,000 under sub. (1), the department shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the current school year an amount equal to 0.70 0.90 multiplied by that portion of the cost under sub. (1) that exceeded $30,000.

AB64-ASA1,1504d Section 1504d. 115.884 (1) (intro.) of the statutes is amended to read:

AB64-ASA1,773,7 115.884 (1) (intro.) In the 2016-17 school year and each school year thereafter, from the appropriation under s. 20.255 (2) (bf), the department shall award an incentive grant in the amount of $1,000 per individual to a school district, or to an operator of a charter school established under s. 118.40 (2r) or (2x), that applies for a grant under this section and that demonstrates to the satisfaction of the department that the individual satisfies all of the following criteria:

AB64-ASA1,1504e Section 1504e. 115.884 (1) (a) (intro.) of the statutes is created to read:

AB64-ASA1,773,11 115.884 (1) (a) (intro.) During the school year prior to the school year preceding the school year in which a school district or operator of the charter school applies to receive a grant under this section, all of the following criteria apply to the individual:

AB64-ASA1,1504f Section 1504f. 115.884 (1) (a) of the statutes is renumbered 115.884 (1) (a) 1. and amended to read:

AB64-ASA1,773,16 115.884 (1) (a) 1. The individual was enrolled in a high school in the school district or in a high school grade in the charter school in the 2014-15 or 2015-16 school year and, at the time of his or her enrollment, an.