Amendment SA13-AB64

AB64-SA13,4,17 “ Section 1492vc. 115.7915 (8) (a) 5. of the statutes is created to read:

AB64-SA13,4,19 115.7915 (8) (a) 5. Failed to provide the information required under sub. (2m) (d) or (g) by the date or within the period specified.

AB64-SA13,1492vg Section 1492vg. 115.7915 (8) (a) 6. of the statutes is created to read:

AB64-SA13,4,21 115.7915 (8) (a) 6. Violated sub. (2m) (e) or (f).

AB64-SA13,1492vn Section 1492vn. 115.7915 (8) (a) 7. of the statutes is created to read:

AB64-SA13,4,24 115.7915 (8) (a) 7. Violated or employed a person who violated s. 118.016, 118.19 (1), 118.305, 118.31, or 118.33 (1) (f) 5.

AB64-SA13,1492vr Section 1492vr. 115.7915 (8) (ag) of the statutes is created to read:

AB64-SA13,5,6 115.7915 (8) (ag) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that the owner of the private school would not be eligible or permitted to be employed, licensed, or permitted for any of the reasons specified under s. 115.31 (2g) or (6m) or 115.315.

AB64-SA13,1492vw Section 1492vw. 115.7915 (8) (ar) of the statutes is created to read:

AB64-SA13,5,12 115.7915 (8) (ar) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that the private school has failed to comply with the requirements under s. 118.60 (7) (h) or if the private school employs an individual in contravention of the prohibitions under s. 118.60 (7) (h).”.

AB64-SA13,5,13 10. Page 782, line 1: before that line insert:

AB64-SA13,5,14 “ Section 1504yc. 118.016 (1) (bm) of the statutes is created to read:

AB64-SA13,5,24 118.016 (1) (bm) Beginning in the 2018-19 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 and each private school participating in the special needs scholarship program under s. 115.7915 shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the governing body, annually assess each pupil enrolled in 4-year-old kindergarten to 2nd grade in the private school for reading readiness. The governing body shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge. The governing body may administer computer adaptive assessments. This paragraph applies only to pupils attending the school under s. 115.7915, 118.60, or 119.23.

AB64-SA13,1504yg Section 1504yg. 118.016 (1) (c) of the statutes is amended to read:

AB64-SA13,6,8 118.016 (1) (c) The department shall pay to the school board or, operator, or governing body, from the appropriation under s. 20.255 (1) (f), the per pupil cost of the selected assessment. If the appropriation under s. 20.255 (1) (f) in any fiscal year is insufficient to pay the full amount of aid under this paragraph, the state superintendent shall prorate state aid payments among the school boards and, governing bodies of private schools, and operators of charter schools entitled to the aid.

AB64-SA13,1504yn Section 1504yn. 118.016 (1g) of the statutes is amended to read:

AB64-SA13,6,13 118.016 (1g) If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r) or (2x), or governing body of the private school under s. 115.7915, 118.60, or 119.23 shall comply with s. 115.77 (1m) (bg).

AB64-SA13,1504yr Section 1504yr. 118.016 (1r) of the statutes is amended to read:

AB64-SA13,6,17 118.016 (1r) The school board or , operator of the charter school, or governing body of the private school under s. 115.7915, 118.60, or 119.23 shall report the results of a pupil's assessment under sub. (1) to the pupil's parent or guardian.

AB64-SA13,1504yw Section 1504yw. 118.016 (2) of the statutes is amended to read:

AB64-SA13,6,23 118.016 (2) The school board of the school district or, operator of the charter school, or governing body of the private school in which the pupil is enrolled shall provide a pupil whose assessment under sub. (1) indicates that he or she is at risk of reading difficulty with interventions or remedial reading services, as described under s. 121.02 (1) (c).”.

AB64-SA13,6,24 11. Page 783, line 7: delete lines 7 to 11 and substitute:

AB64-SA13,7,1 “ Section 1507g. 118.19 (1) of the statutes is amended to read:

AB64-SA13,7,7 118.19 (1) Except as provided in subs. (1b) and (1c) and s. 118.40 (8) (b) 1. and 2., any person seeking to teach in a public school, including a charter school, in a private school participating in a parental choice program under s. 118.60 or 119.23, in the special needs scholarship program under s. 115.7915, or in a school or institution operated by a county or the state shall first procure a license or permit from the department.”.

AB64-SA13,7,8 12. Page 792, line 20: after that line insert:

AB64-SA13,7,9 “ Section 1525b. 118.30 (5m) of the statutes is amended to read:

AB64-SA13,7,16 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) or s. 118.301 (3), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall not exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB64-SA13,1525d Section 1525d. 118.305 (1) (gm) of the statutes is created to read:

AB64-SA13,7,21 118.305 (1) (gm) “Pupil" excludes pupils who are attending a private school participating in a parental choice program under s. 118.60 or 119.23 or in the special needs scholarship program under s. 115.7915 but not under the parental choice program or scholarship program.

AB64-SA13,1525f Section 1525f. 118.305 (1) (h) of the statutes is amended to read:

AB64-SA13,8,3 118.305 (1) (h) “School" means a public school, including a charter school, and a private school participating in the program under s. 115.7915 , and a private school participating in a parental choice program under s. 118.60 or 119.23.

AB64-SA13,1525h Section 1525h. 118.305 (3) (e) of the statutes is amended to read:

AB64-SA13,8,6 118.305 (3) (e) It does not constitute corporal punishment, as defined in s. 118.31 (1) (a).

AB64-SA13,1525j Section 1525j. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and amended to read:

AB64-SA13,8,9 118.31 (1) (intro.) In this section, “ corporal:

AB64-SA13,8,15 (a) “Corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. “Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. “Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training.

AB64-SA13,1525L Section 1525L. 118.31 (1) (b) of the statutes is created to read:

AB64-SA13,8,19 118.31 (1) (b) “Private school" means a private school, as defined in s. 115.001 (3r), that is participating in the special needs scholarship program under s. 115.7915 or in any parental choice program under ss. 118.60 and 119.23.

AB64-SA13,1525n Section 1525n. 118.31 (2) of the statutes is amended to read:

AB64-SA13,8,23 118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a school board or of a private school may subject a pupil enrolled in the school district or in the private school to corporal punishment.

AB64-SA13,1525p Section 1525p. 118.31 (3) (intro.) of the statutes is amended to read:

AB64-SA13,9,2 118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or agent of a school board or of a private school from:

AB64-SA13,1525r Section 1525r. 118.31 (4) of the statutes is amended to read:

AB64-SA13,9,10 118.31 (4) Each school board and each private school shall adopt a policy that allows any official, employee, or agent of the school board or private school to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person an official, employee, or agent of a school board or of a private school was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an the official, employee, or agent of a school board.

AB64-SA13,1525t Section 1525t. 118.31 (5) of the statutes is amended to read:

AB64-SA13,9,17 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or of a private school or their officials, employees or agents of an official, employee, or agent of the school board or private school for damages arising out of claims involving allegations of improper or unnecessary use of force by a school employees official, employee, or agent against students a pupil.

AB64-SA13,1525v Section 1525v. 118.31 (6) of the statutes is amended to read:

AB64-SA13,9,22 118.31 (6) Nothing in this section shall prohibit, permit, or otherwise affect any action taken by an official, employee, or agent of a school board or private school with regard to a person who is not a pupil enrolled in the school district or in the private school.

AB64-SA13,1525x Section 1525x. 118.33 (1) (f) 5. of the statutes is created to read:

AB64-SA13,9,25 118.33 (1) (f) 5. Beginning in the 2018-19 school year, the governing body of each private school participating in the special needs scholarship program under s. 115.7915 or in a parental choice program under s. 118.60 or 119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting a high school diploma specified in pars. (a) and (b), with the exceptions provided in pars. (d) and (e).”.

AB64-SA13,10,4 13. Page 826, line 11: after that line insert:

AB64-SA13,10,5 “ Section 1579e. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB64-SA13,10,11 118.60 (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:

AB64-SA13,1579m Section 1579m. 118.60 (2) (a) 1. a. of the statutes, as affected by 2017 Wisconsin Act 36, is amended to read:

AB64-SA13,10,22 118.60 (2) (a) 1. a. Except as provided in par. (bm) subd. 1. am., 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. Except as provided in subd. 1. c. and 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 above the income level in this subd. 1. a. may continue to attend a private school under this section.

AB64-SA13,1579s Section 1579s. 118.60 (2) (a) 1. am. of the statutes is created to read:

AB64-SA13,11,8 118.60 (2) (a) 1. am. Beginning in the 2018-19 school year, the pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.85 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. 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 above the income level in this subd. 1. am. may continue to attend a private school under this section.”.

AB64-SA13,11,10 14. Page 827, line 21: delete the material beginning with that line and ending on page 828, line 6, and substitute:

AB64-SA13,11,11 “ Section 1582b. 118.60 (2) (a) 6m. of the statutes is created to read:

AB64-SA13,11,15 118.60 (2) (a) 6m. All instructional staff employed by the private school hold a license or permit to teach issued by the department. For purposes of this subdivision, “instructional staff" has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2.

AB64-SA13,1582f Section 1582f. 118.60 (2) (a) 9. of the statutes is created to read:

AB64-SA13,11,18 118.60 (2) (a) 9. The private school has been in operation for the attendance of pupils for at least 2 school years.

AB64-SA13,1582k Section 1582k. 118.60 (2) (a) 10. of the statutes is created to read:

AB64-SA13,11,20 118.60 (2) (a) 10. The private school is located in this state.

AB64-SA13,1582p Section 1582p. 118.60 (2) (be) 2m. a. of the statutes is amended to read:

AB64-SA13,11,23 118.60 (2) (be) 2m. a. The pupil attended a private school under par. (bm) (a) 1. am. in the previous school year.

AB64-SA13,1582s Section 1582s. 118.60 (2) (bm) of the statutes is repealed.

AB64-SA13,1582w Section 1582w. 118.60 (2) (c) of the statutes is amended to read:

AB64-SA13,12,5 118.60 (2) (c) 1. Notwithstanding par. (a) 6. and 6m., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor's degree or hold a license or permit to teach issued by the department.

AB64-SA13,12,9 2. Notwithstanding par. (a) 6. and 6m., an administrator of a private school participating in the program under this section that prepares and trains pupils attending the school in rabbinical studies is not required to have a bachelor's degree or hold a license or permit to teach issued by the department.

AB64-SA13,1582y Section 1582y. 118.60 (2) (cm) of the statutes is created to read:

AB64-SA13,12,13 118.60 (2) (cm) The sum of the pupils attending a private school under this section and s. 119.23 and under a scholarship under s. 115.7915 shall be less than 49 percent of the total number of pupils attending the private school.”.

AB64-SA13,12,15 15. Page 828, line 24: delete the material beginning with that line and ending on page 829, line 9, and substitute:

AB64-SA13,12,17 “ Section 1598ba. 118.60 (3) (c) of the statutes, as affected by 2017 Wisconsin Act 36, is amended to read:

AB64-SA13,13,6 118.60 (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 who is rejected under this paragraph or an applicant who is on the waiting list under sub. (3) (ar) 4. may, subject to sub. (2) (a) 1. am. and (be), be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside in a school district other than an eligible school district or a 1st class city school district. The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.

AB64-SA13,1598bb Section 1598bb. 118.60 (4) (bd) of the statutes is created to read:

AB64-SA13,13,12 118.60 (4) (bd) 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 equal to the lesser of the following:

AB64-SA13,13,14 1. The amount equal to the private school's eligible education expenses, as defined in sub. (7) (am) 1m., per pupil, as determined by the department.

AB64-SA13,13,17 2. The average of the tuition paid by a pupil attending the private school, but not under the program under this section or the program under s. 119.23, in the current and 2 preceding school years.

AB64-SA13,13,18 3. $6,442.

AB64-SA13,1598bc Section 1598bc. 118.60 (4) (be) of the statutes is created to read:

AB64-SA13,13,23 118.60 (4) (be) In determining a private school's eligible education expenses per pupil under par. (bd) 1., the department shall do all of the following, but may not determine separate expenses for pupils enrolled in grades kindergarten to 8 and for pupils enrolled in grades 9 to 12:

AB64-SA13,13,25 1. Subtract only the following, up to the actual cost of the service or material related to each item:

AB64-SA13,14,1 a. Fees charged pupils for books and supplies used in classes and programs.

AB64-SA13,14,2 b. Rentals for school buildings.

AB64-SA13,14,3 c. Food service revenues.

AB64-SA13,14,4 d. Governmental financial assistance.

AB64-SA13,14,5 e. Interest and other income resulting from the investment of debt proceeds.

AB64-SA13,14,12 2. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party, there is no other mechanism to include the private school's facilities costs in the calculation of its eligible education expenses, and the private school requests that the department do so, include an amount equal to 10.5 percent of the fair market value of the school and its premises. A request made by a private school under this subdivision remains effective in subsequent school years and may not be withdrawn by the private school.