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1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
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1Section
2. 20.255 (3) (fs) of the statutes is created to read:
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20.255
(3) (fs)
Education savings account for gifted and talented pupils;
3contract. A sum sufficient to pay the costs of a contract to administer the education
4savings account program under s. 115.49 (9).
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5Section
3. 20.255 (3) (ft) of the statutes is created to read:
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20.255
(3) (ft)
Education savings accounts for gifted and talented pupils;
7scholarships. The amounts in the schedule for scholarships under s. 115.49.
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8Section
4. 115.49 of the statutes is created to read:
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9115.49 Education savings account; gifted and talented pupils. (1) 10Definitions. In this section:
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(a) “Account” means a record of scholarships awarded to a pupil under this
12section and disbursements made on behalf of the pupil under this section.
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(b) “Education savings account” is an account established for a pupil under sub.
14(6) (a).
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(c) “Eligible educational provider” means any of the following:
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1. A participating school.
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2. A licensed or accredited tutor.
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13. Any other provider approved by the department.
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(d) “Eligible expense” means an expense for which a parent or guardian may
3use a scholarship under sub. (5) (b).
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(e) “Eligible pupil” means a pupil who satisfies the requirements under sub. (2).
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(f) “Gifted and talented pupil” means a pupil who satisfies any of the following:
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1. The pupil demonstrates evidence of high performance capability in
7intellectual, creative, artistic, leadership, or specific academic areas and needs
8services or activities not ordinarily provided in a regular school program in order to
9fully develop such capabilities.
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2. On a subject area assessment that is required to be administered under s.
11118.30, the pupil scores in the top 5 percent of all pupils who took the assessment in
12that grade in that school year.
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(g) “Institution of higher education” means an institution within the University
14of Wisconsin System, a technical college, a tribally controlled college, or a private,
15nonprofit institution of higher education located in this state.
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(h) “Participating school” means a public school, including a charter school
17authorized under s. 118.40 (2r) or (2x), a private school participating in a program
18under s. 115.7915, 118.60, or 119.23, an institution of higher education, and any
19nonprofit organization that has been approved by the department.
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20(2) Eligibility requirements. A pupil is eligible for a scholarship under this
21section if all of the following apply:
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(a) The pupil is enrolled in a public school, including a charter school
23authorized under s. 118.40 (2r) or (2x), or is attending a private school under s.
24115.7915, 118.60, or 119.23.
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1(b) A school board, operator of a charter school authorized under s. 118.40 (2r)
2or (2x), or governing body of a private school participating in a program under s.
3115.7915, 118.60, or 119.23 identifies the pupil as a gifted and talented pupil.
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(c) The pupil satisfies the income eligibility criteria for a free or reduced-price
5lunch under
42 USC 1758 (b) (1).
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6(3) Scholarship. (a) Subject to par. (b) and sub. (4), beginning in the 2018-19
7school year and in each school year thereafter, the department shall award a $1,000
8scholarship to an eligible pupil who applies for a scholarship under this section if the
9pupil's parent or guardian enters into an agreement with the department under sub.
10(5). The department shall credit the scholarship to the pupil's education savings
11account no later than the first day of the school term.
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(b) The department may not award more than 2,000 scholarships under this
13section in any school year.
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14(4) Application process. (a) To apply for a scholarship under this section, the
15parent or guardian of an eligible pupil shall submit an application, on a form
16provided by the department, to the department between the first Monday in
17February and the last weekday in April of the school year immediately preceding the
18school year for which the eligible pupil wishes to receive a scholarship.
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(b) If the department receives applications from more than 2,000 eligible pupils
20in any school year, the department shall, by June 1, determine which applications
21to accept on a random basis, except that the department shall give preference to the
22following in accepting applications, in the order of preference listed:
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1. Pupils who received a scholarship in the previous school year.
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2. Pupils who were on the waiting list in the previous school year.
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1(c) The department shall establish a waiting list of eligible pupils whose
2applications are not accepted under par. (b).
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3(5) Agreement. Before the department may award a scholarship to an eligible
4pupil whose application is accepted under sub. (4), the pupil's parent or guardian
5shall enter into an agreement with the department that includes all of the following:
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(a) The parent or guardian agrees to comply with the compulsory attendance
7requirements under s. 118.15.
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(b) The parent or guardian agrees to use the scholarship for only the following
9expenses incurred to educate the eligible pupil at an eligible educational provider:
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1. Tuition and fees.
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2. Textbooks required by an eligible educational provider.
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3. Payment to a licensed or accredited tutor.
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4. Payment to purchase a curriculum.
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5. Tuition or fees for a private online learning program.
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6. Fees for Advanced Placement examinations or similar courses.
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7. Private music or art lessons.
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8. Any other expenses approved by the department.
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(c) The parent or guardian agrees not to accept a payment, refund, or rebate
19from a person who provides a service or product that the parent or guardian pays for,
20in full or in part, with the scholarship.
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21(6) Education savings accounts. (a) For each pupil awarded a scholarship
22under sub. (3), the department shall establish and maintain an individual account.
23Scholarship funds credited to a pupil's account remain in the account until disbursed
24for an eligible expense or until the pupil's account is closed under par. (c). A
1scholarship credited to an account under this section is not taxable income to the
2pupil or the pupil's parent or guardian.
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(b) The department shall develop by rule a system to promptly disburse money
4from a pupil's account to pay for eligible expenses. The payment system may include
5direct payments to eligible educational providers and reimbursements to a pupil's
6parent or guardian for eligible expenses.
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(c) The department shall close a pupil's account if any of the following occurs:
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1. The pupil graduates high school.
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2. The pupil reaches age 21.
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3. The pupil no longer meets the eligibility requirements under sub. (2).
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4. The pupil is suspended or barred from participating in the program under
12sub. (7).
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(d) The department shall deposit in the general fund any money remaining in
14a pupil's account when the account is closed.
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15(7) Disqualification. The department may suspend or bar a pupil, a pupil's
16parent or guardian, or an eligible educational provider from the program under this
17section based on fraud, misrepresentation, or failure to comply with the
18requirements under this section.
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19(8) Rules. The department shall promulgate rules to implement this section,
20including rules related to all of the following:
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(a) An approval process for eligible educational providers that includes an
22appeals process for a provider that is not approved by the department.
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(b) An appeals process for a pupil's parent or guardian if a school board,
24operator of a charter school authorized under s. 118.40 (2r) or (2x), or a governing
1body of a private school participating in a program under s. 118.60 or 119.23 does not
2identify the pupil as a gifted and talented pupil.
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(c) A process to appeal a determination by the department under sub. (7) to
4suspend or bar a pupil, a pupil' s parent or guardian, or an eligible educational
5provider from the program.
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(d) Prompt payments to eligible educational providers and prompt
7reimbursements to parents or guardians for eligible expenses.
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8(9) (a) Subject to par. (b), the department may contract with a private, nonprofit
9entity to administer the education savings account program under this section,
10including making payments to eligible educational providers and reimbursements
11to parents or guardians for eligible expenses.
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(b) If the department intends to execute a contract under par. (a), the
13department shall notify the joint committee on finance. If the cochairpersons of the
14joint committee on finance do not notify the department that the committee has
15scheduled a meeting for the purpose of approving the execution of the contract within
1614 working days after the date of the department's notification, the department may
17execute the contract. If, within 14 working days after the date of the department's
18notification, the cochairpersons of the committee notify the department that the
19committee has scheduled a meeting for the purpose of approving the execution of the
20contract, the department may not execute the contract without the approval of the
21committee.
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22Section
5.
Nonstatutory provisions.
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(1)
Contract for 2018-19 school year; deadline. If the department of public
24instruction intends to execute a contract under section 115.49 (9) of the statutes for
1the 2018-19 school year, the department shall notify the joint committee on finance
2under section 115.49 (9) (b) of the statutes by April 16, 2018.
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(2)
Applications for 2018-19 school year. Notwithstanding section 115.49 (4)
4of the statutes, to apply for a scholarship for the 2018-19 school year under section
5115.49 of the statutes, a parent or guardian of an eligible pupil shall submit an
6application, on a form provided by the department of public instruction or an entity
7administering the program under section 115.49 (9) of the statutes, to the
8department of public instruction or administering entity between May 14, 2018, and
9June 28, 2018. If the department of public instruction or administering entity
10receives applications from more than 2,000 eligible pupils, the department or
11administering entity shall, by August 1, 2018, determine which applications to
12accept in accordance with section 115.49 (4) (b) of the statutes and create a waiting
13list of eligible pupils whose applications are not accepted under this subsection.
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(3)
Education savings account for gifted and talented pupils; audit.
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(a) In this subsection:
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161. “Program” means the program under section 115.49 of the statutes.
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172. “Scholarship” means a scholarship under the program.
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(b) Upon the completion of the 2018-19 school year, the legislative audit bureau
19shall conduct a performance evaluation audit of the program that includes all of the
20following:
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211. The number of pupils who qualified as a gifted and talented pupil under
22section 115.49 (1) (e) 1. of the statutes and the number of pupils who qualified as a
23gifted and talented pupil under section 115.49 (1) (e) 2. of the statutes.
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242. The subject area in which each pupil who received a scholarship was
25identified as gifted and talented.
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13. The number of pupils who received a scholarship who were enrolled in a
2public school and the number of pupils who received a scholarship who were enrolled
3in a private school.
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44. The school district, charter school authorized under section 118.40 (2r) or
5(2x) of the statutes, or private school participating in a program under section 118.60
6or 119.23 of the statutes in which each pupil who received a scholarship was enrolled
7during the 2018-19 school year.
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85. The grade in which each pupil who received a scholarship was enrolled
9during the 2018-19 school year.
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106. The eligible expenses on which scholarships were used during the school
11year.
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127. The total amount disbursed for eligible expenses under the program during
13the school year.
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148. The disbursement method that was used most frequently.
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159. Parental satisfaction with the program.
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1610. Pupil satisfaction with the program.
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1711. How many pupils and eligible educational providers were suspended or
18barred from the program.
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1912. If a 3rd party administers any part of the program under a contract
20approved under section 115.49 (9) of the statutes, how effective the 3rd party was in
21administering the program and at what financial cost to the department.
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2213. Recommendations for improving the program.
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(c) The legislative audit bureau shall file its report as described under section
2413.94 (1) (b) of the statutes by January 31, 2020.
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1(4)
Emergency rule making. The department of public instruction may
2promulgate emergency rules under section 227.24 of the statutes to implement
3section 115.49 of the statutes. Notwithstanding section 227.24 (1) (e) 1d. of the
4statutes, the department of public instruction is not required to prepare a statement
5of the scope of the rules required under section 115.49 of the statutes if emergency
6rules are promulgated under this subsection. Notwithstanding section 227.24 (1) (c)
7and (2) of the statutes, emergency rules promulgated under this subsection remain
8in effect until July 1, 2019, or the date on which permanent rules take effect,
9whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes,
10the department is not required to provide evidence that promulgating a rule under
11this subsection as an emergency rule is necessary for the preservation of the public
12peace, health, safety, or welfare and is not required to provide a finding of emergency
13for a rule promulgated under this subsection.