Amendment SA13-AB64

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.

AB64-SA13,14,16 3. If immediately prior to July 1, 2011, a private school's eligible education expenses, as defined under sub. (7) (am) 1m. and as determined by the department, included the amount described in subd. 2., continue to include the amount described in subd. 2. in subsequent school years.

AB64-SA13,14,20 4. Permit a private school to accumulate up to 15 percent of the private school's annual eligible education expenses in a reserve account and include any increase to that reserved amount in the department's determination of the private school's eligible education expenses for that school year.

AB64-SA13,1598bd Section 1598bd. 118.60 (4) (bg) of the statutes is repealed.

AB64-SA13,1598be Section 1598be. 118.60 (4d) (b) 1. a. of the statutes is amended to read:

AB64-SA13,14,24 118.60 (4d) (b) 1. a. Identify the incoming choice pupils residing in the school district for whom a payment is made under sub. (4) (bg) (bd) in that school year.

AB64-SA13,1598bf Section 1598bf. 118.60 (4d) (b) 1. b. of the statutes is amended to read:

AB64-SA13,15,2 118.60 (4d) (b) 1. b. Sum the payments made under sub. (4) (bg) (bd) for all of the pupils identified under subd. 1. a. for that school year.

AB64-SA13,1598bg Section 1598bg. 118.60 (4m) of the statutes is repealed and recreated to read:

AB64-SA13,15,8 118.60 (4m) In addition to the payment under sub. (4), the state superintendent shall pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending the private school under this section, in the manner described in sub. (4) (c), the amount determined as follows:

AB64-SA13,15,10 (a) Determine the private school's eligible education expenses, as defined in sub. (7) (am) 1m., per pupil in summer school.

AB64-SA13,15,11 (b) Multiply the amount under par. (a) by 0.40.

AB64-SA13,15,14 (c) Multiply the product under par. (b) by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under sub. (4).

AB64-SA13,1598bh Section 1598bh. 118.60 (4r) (a) of the statutes is amended to read:

AB64-SA13,15,17 118.60 (4r) (a) Multiply the amount determined under sub. (4) (bg) (bd) by 0.616.

AB64-SA13,1598bi Section 1598bi. 118.60 (7) (am) 2m. a. of the statutes, as affected by 2017 Wisconsin Act 36, is amended to read:

AB64-SA13,17,2 118.60 (7) (am) 2m. a. 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 the private school's eligible education expenses under sub. (4) (bd) 1., and beginning in the 2nd school year a private school participates in the program under this section, a copy of a management letter prepared by the auditor. If the private school annually received a total of at least $100,000 under this section and ss. 115.7915 and 119.23 in any school year, the audit shall be prepared in accordance with generally accepted accounting principles with allowable modifications for long-term fixed assets. If the private school has not annually received a total of at least $100,000 under this section and ss. 115.7915 and 119.23 in any school year, the audit shall be prepared as prescribed by the department by rule. The audit shall include a calculation of the private school's net eligible education expenses and a calculation of the balance of the private school's fund for future eligible education expenses. 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 a program under this section is part of an organization and the private school and the organization share assets, liabilities, or eligible education expenses, the private school may submit an audit of the private school or of the organization of which it is a part. If a private school that is part of an organization with which it shares assets, liabilities, or eligible education expenses submits an audit of only the private school, the independent auditor shall use his or her professional judgment to allocate any shared assets, liabilities, and eligible education expenses between the organization and the private school. If a private school participating in the program under this section also accepts pupils under s. 115.7915 or 119.23, the private school may submit one comprehensive financial audit to satisfy the requirements of this subdivision and ss. 115.7915 (6) (e) and 119.23 (7) (am) 2m., whichever are applicable. The private school shall include in the comprehensive financial audit the information specified under s. 119.23 (7) (am) 2m.

AB64-SA13,1598bj Section 1598bj. 118.60 (7) (b) 3m. of the statutes is amended to read:

AB64-SA13,17,14 118.60 (7) (b) 3m. Annually, schedule 2 meetings at least one meeting each month at which members of the governing body of the private school will be present and at which pupils, and the parents or guardians of pupils, applying to attend the private school or attending the private school may meet and communicate with the members of the governing body. The meetings shall be open to the public. The private school shall, within 30 days after the start of the school term, notify the department in writing of the scheduled meeting dates and shall, at least 30 days before the scheduled meeting date, notify in writing each pupil, or the parent or guardian of each minor pupil, applying to attend the private school or attending the private school of the meeting date, time, and place. The private school shall provide notice of the meetings in the manner provided in s. 19.84.

AB64-SA13,1598bk Section 1598bk. 118.60 (7) (b) 9. of the statutes is created to read:

AB64-SA13,17,20 118.60 (7) (b) 9. Permit public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, a school board under subch. II of ch. 19. This subdivision applies only to records that relate to pupils attending the private school under this section.

AB64-SA13,1598bL Section 1598bL. 118.60 (7) (d) 1. b. of the statutes is amended to read:

AB64-SA13,18,2 118.60 (7) (d) 1. b. A Except as provided in subd. 1. c., a copy of the school's current certificate of occupancy issued by the municipality within which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the municipality within which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a).

AB64-SA13,18,11 c. If the municipality within which the private school is located does not issue certificates of occupancy, the private school may submit a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy or a letter or form from the municipality within which the private school is located that explains that the municipality does not issue certificates of occupancy. A temporary certificate of occupancy does not meet the requirement of this subdivision. This subdivision applies only to a private school located in an eligible school district private school to which this subd. 1. c. applies shall annually obtain a building inspection of the school building.

AB64-SA13,1598bm Section 1598bm. 118.60 (7) (d) 1. d. of the statutes is created to read:

AB64-SA13,18,14 118.60 (7) (d) 1. d. A temporary certificate of occupancy does not satisfy the requirements of this subdivision.

AB64-SA13,1598bmm Section 1598bmm. 118.60 (7) (h) of the statutes, as created by 2017 Wisconsin Act 36, is amended to read:

AB64-SA13,18,23 118.60 (7) (h) Beginning in the 2018-19 school year, each private school participating in the program under this section shall conduct criminal background investigations of its employees and any independent contractors and volunteers who have access to children, and exclude from employment or independent contracting or volunteer service any person not permitted to hold a teaching license as the result of an offense and any person who might reasonably be believed to pose a threat to the safety of others.

AB64-SA13,1598bn Section 1598bn. 118.60 (10) (a) 7. of the statutes is amended to read: