2019 - 2020 LEGISLATURE
January 8, 2020 - Introduced by Senators Erpenbach, Larson, Wirch, Smith,
Risser, Bewley and Ringhand, cosponsored by Representatives Pope,
Considine, Emerson, Kolste, Sargent, Spreitzer, Billings, Milroy, Stubbs,
Subeck, Neubauer, Vruwink, Ohnstad, Sinicki, L. Myers and Brostoff.
Referred to Committee on Education.
SB658,1,9 1An Act to renumber and amend 118.60 (3) (ar) 3. and 118.60 (3) (ar) 4.; to
2amend
115.7915 (2) (intro.), 118.60 (2) (a) (intro.), 118.60 (2) (a) 2. g., 118.60 (2)
3(be) 3., 118.60 (3) (a) (intro.), 118.60 (3) (ar) (intro.), 118.60 (3) (ar) 5., 118.60 (3)
4(b), 118.60 (3) (c), 118.60 (4v) (b), 119.23 (2) (a) (intro.), 119.23 (3) (a) (intro.),
5119.23 (3) (b) and 119.23 (4v) (b); and to create 115.7915 (11), 118.60 (2) (bh),
6118.60 (3) (am), 118.60 (3) (ar) 3. a. and b., 118.60 (3) (ar) 4. a. and b., 118.60 (4v)
7(c) and (d), 119.23 (2) (b), 119.23 (3) (ar) and 119.23 (4v) (c), (d) and (e) of the
8statutes; relating to: phasing out the Special Needs Scholarship Program and
9limiting enrollment in parental choice programs.
Analysis by the Legislative Reference Bureau
This bill phases out the Special Needs Scholarship Program and caps the total
number of pupils who may participate in a parental choice program.
Under current law, a child with a disability who meets certain eligibility criteria
may receive a scholarship to attend a private school participating in the SNSP. The
bill provides that, beginning in the 2020-21 school year, the Department of Public
Instruction may not provide an SNSP scholarship to a child to attend a private school
unless the child was attending a private school under the SNSP in the 2019-20

school year. In addition, if the child does not attend a private school under an SNSP
scholarship in any school year after the 2019-20 school year, DPI may not provide
an SNSP scholarship to the child for any subsequent school year.
The bill caps the total number of pupils who may participate in a parental
choice program — the Milwaukee Parental Choice Program, the Racine Parental
Choice Program, or the statewide parental choice program — at the number of pupils
who attended a private school under that parental choice program in the 2019-20
school year. Under the bill, beginning in the 2020-21 school year, if the number of
applications to participate in a parental choice program exceeds the program cap,
DPI must determine which applications to accept on a random basis, subject to
certain admission preferences that exist under current law.
Under current law, pupils may submit applications to attend a private school
under the statewide parental choice program for the following school year from
February 1 to April 20, and a private school that receives applications must, no later
than the May 1 immediately following the application period, report the number of
applicants to DPI so that DPI may determine whether a pupil participation
limitation has been exceeded. The bill provides that, beginning with applications for
the 2020-21 school year, DPI must establish one or more application periods during
which pupils may submit applications to attend a private school under the MPCP or
RPCP. The bill provides that a private school that receives applications during an
application period must, no later than 10 days after the application period ends,
report the number of applicants to DPI so that DPI may determine whether a
program cap has been exceeded. The bill does not change the application period for
the statewide parental choice program and requires DPI to use the information
required to be reported under current law to determine whether the program cap for
the statewide parental choice program has been exceeded.
The bill also requires DPI to establish a waiting list for a parental choice
program if the program cap for the parental choice program has been exceeded.
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:
SB658,1 1Section 1 . 115.7915 (2) (intro.) of the statutes is amended to read:
SB658,2,52 115.7915 (2) Scholarship requirements. (intro.) Beginning in the 2016-17
3school year, the department shall, subject to sub. (11), provide to a child with a
4disability a scholarship under sub. (4m) (a) to attend an eligible school if all of the
5following apply:
SB658,2 6Section 2 . 115.7915 (11) of the statutes is created to read:
SB658,3,7
1115.7915 (11) Sunset. Beginning in the 2020-21 school year, the department
2may not provide a scholarship under this section to a child with a disability to attend
3a private school unless the child attended a private school under a scholarship under
4this section in the 2019-20 school year. If the child does not attend a private school
5under a scholarship under this section in any school year after the 2019-20 school
6year, the department may not provide a scholarship under this section to the child
7for any school year after that school year.
SB658,3 8Section 3 . 118.60 (2) (a) (intro.) of the statutes is amended to read:
SB658,3,149 118.60 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (bh), any pupil in grades
10kindergarten to 12 who resides within in an eligible school district may attend any
11private school under this section and, subject to pars. (ag), (ar), (be), (bh), (bm), and
12(bs), any pupil in grades kindergarten to 12 who resides in a school district, other
13than an eligible school district or a 1st class city school district, may attend any
14private school under this section if all of the following apply:
SB658,4 15Section 4 . 118.60 (2) (a) 2. g. of the statutes is amended to read:
SB658,3,1816 118.60 (2) (a) 2. g. If the pupil resides in a school district, other than an eligible
17school district or
a 1st class city school district, the pupil was on a waiting list under
18sub. (3) (am) 4. or (ar) 4. in any previous school year.
SB658,5 19Section 5 . 118.60 (2) (be) 3. of the statutes is amended to read:
SB658,3,2220 118.60 (2) (be) 3. Beginning with the 2026-27 school year, there is no limit on
21the number of pupils who may attend private schools
the limits under this section
22paragraph do not apply.
SB658,6 23Section 6 . 118.60 (2) (bh) of the statutes is created to read:
SB658,3,2424 118.60 (2) (bh) 1. In this paragraph, “program cap” means any of the following:
SB658,4,3
1a. For an eligible school district, the total number of pupils residing in the
2eligible school district who attended a private school under this section in the
32019-20 school year.
SB658,4,64 b. For all school districts, other than an eligible school district or a 1st class city
5school district, the total number of pupils residing in those school districts who
6attended a private school under this section in the 2019-20 school year.
SB658,4,97 2. a. Beginning with the 2020-21 school year, the total number of pupils
8residing in an eligible school district who may attend a private school under this
9section during a school year may not exceed the program cap under subd. 1. a.
SB658,4,1310 b. Beginning with the 2020-21 school year, the total number of pupils residing
11in school districts, other than an eligible school district or a 1st class city school
12district, who may attend a private school under this section during a school year may
13not exceed the program cap under subd. 1. b.
SB658,7 14Section 7 . 118.60 (3) (a) (intro.) of the statutes is amended to read:
SB658,5,315 118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit
16an application, on a form provided by the state superintendent, to the participating
17private school that the pupil wishes to attend. If more than one pupil from the same
18family applies to attend the same private school, the pupils may use a single
19application. No later than 60 days after the end of the application period during
20which an application is received and subject to par. pars. (am) and (ar), the private
21school shall notify each applicant, in writing, whether his or her application has been
22accepted. If the private school rejects an application, the notice shall include the
23reason. Subject to par. pars. (am) and (ar), a private school may reject an applicant
24only if it the private school has reached its maximum general capacity or seating
25capacity. Except as provided in par. pars. (am) and (ar), the state superintendent

1shall ensure that the private school determines which pupils to accept on a random
2basis, except that the private school may give preference to the following in accepting
3applications, in the order of preference listed:
SB658,8 4Section 8 . 118.60 (3) (am) of the statutes is created to read:
SB658,5,65 118.60 (3) (am) All of the following apply to applications to attend a private
6school under this section submitted by pupils who reside in an eligible school district:
SB658,5,137 1. A private school that has submitted a notice of intent to participate under
8sub. (2) (a) 3. a. may accept applications for a school year during application periods
9determined by the department from pupils who reside in an eligible school district.
10For each school year, the department shall establish one or more application periods
11under this subdivision, the first of which begins no earlier than February 1 of the
12school year before the applicable school year, and the last of which ends no later than
13September 14 of the applicable school year.
SB658,5,2014 2. Each private school that received applications under subd. 1. shall report to
15the department the number of pupils who applied under subd. 1. to attend the private
16school under this section and the names of those applicants who have siblings who
17also applied under subd. 1. to attend the private school under this section. The
18private school shall submit the report no later than 10 days after each application
19period described under subd. 1. during which the private school received
20applications.
SB658,6,621 3. After the end of each application period described under subd. 1., upon
22receipt of the information under subd. 2., the department shall determine the sum
23of all applicants for pupils residing in an eligible school district. In determining the
24sum, the department shall count a pupil who has applied to attend more than one
25private school under the program only once. If, after the end of an application period

1described under subd. 1., the sum of all applicants for pupils residing in an eligible
2school district exceeds the program cap under sub. (2) (bh) 2. a., the department shall
3determine which applications submitted during the application period to accept on
4a random basis, except that the department shall give preference to the applications
5of pupils described in par. (a) 1m. to 5., in the order of preference listed in that
6paragraph.
SB658,6,97 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (bh) 2. a.,
8the department shall establish a waiting list in accordance with the preferences
9required under subd. 3.
SB658,6,1710 5. A private school that has accepted a pupil who resides in an eligible school
11district under this paragraph shall notify the department whenever the private
12school determines that a pupil will not attend the private school under this
13paragraph. If, upon receiving notice under this subdivision, the department
14determines that the number of pupils attending private schools under this section
15falls below the program cap under sub. (2) (bh) 2. a., the department shall fill any
16available slot with a pupil selected from the waiting list established under subd. 4.,
17if such a waiting list exists.
SB658,9 18Section 9 . 118.60 (3) (ar) (intro.) of the statutes is amended to read:
SB658,6,2219 118.60 (3) (ar) (intro.) All of the following apply to applications to attend a
20private school under this section only if the limitation under sub. (2) (be) applies to
21the school year for which the application is made
submitted by pupils who reside in
22a school district, other than an eligible school district or a 1st class city school district
:
SB658,10 23Section 10 . 118.60 (3) (ar) 3. of the statutes is renumbered 118.60 (3) (ar) 3.
24(intro.) and amended to read:
SB658,7,12
1118.60 (3) (ar) 3. (intro.) Annually After the end of the application period
2described under subd. 1.
, upon receipt of the information under subd. 2., the
3department shall, for each school district, determine the sum of all applicants for
4pupils residing in that school district under this paragraph and the sum of all
5applicants for pupils residing in all school districts, other than an eligible school
6district or a 1st class city school district
. In determining the sum those sums, the
7department shall count a pupil who has applied to attend more than one private
8school under the program only once. After determining the sum of all applicants for
9pupils residing in a school district,
those sums, if any of the following applies, the
10department shall determine which applications to accept on a random basis, except
11that the department shall give preference to the applications of pupils described in
12par. (a) 1m. to 5., in the order of preference listed in that paragraph .:
SB658,11 13Section 11 . 118.60 (3) (ar) 3. a. and b. of the statutes are created to read:
SB658,7,1614 118.60 (3) (ar) 3. a. The sum of all applicants for pupils residing in a school
15district, other than an eligible school district or a 1st class city school district, exceeds
16the school district's pupil participation limit under sub. (2) (be).
SB658,7,1917 b. The sum of all applicants for pupils residing in all school districts, other than
18an eligible school district or a 1st class city school district, exceeds the program cap
19under sub. (2) (bh) 2. b.
SB658,12 20Section 12 . 118.60 (3) (ar) 4. of the statutes is renumbered 118.60 (3) (ar) 4.
21(intro.) and amended to read:
SB658,8,222 118.60 (3) (ar) 4. (intro.) For each school district in which private schools
23received applications under subd. 1. that exceeded the school district's pupil
24participation limit under sub. (2) (be), the
The department shall establish a waiting

1list in accordance with the preferences required under subd. 3. for each of the
2following:
SB658,13 3Section 13 . 118.60 (3) (ar) 4. a. and b. of the statutes are created to read:
SB658,8,64 118.60 (3) (ar) 4. a. A school district, other than an eligible school district or a
51st class city school district, for which the sum described under subd. 3. a. exceeds
6the school district's pupil participation limit under sub. (2) (be).
SB658,8,97 b. All school districts, other than an eligible school district or a 1st class city
8school district, if the sum described under subd. 3. b. exceeds the program cap under
9sub. (2) (bh) 2. b.
SB658,14 10Section 14 . 118.60 (3) (ar) 5. of the statutes is amended to read:
SB658,8,2011 118.60 (3) (ar) 5. A private school that has accepted a pupil who resides in a
12school district, other than an eligible school district or a 1st class city school district,
13under this paragraph shall notify the department whenever the private school
14determines that a pupil will not attend the private school under this paragraph. If,
15upon receiving notice under this subdivision, the department determines that the
16number of pupils attending private schools under this section falls below a school
17district's pupil participation limit under sub. (2) (be), or below the program cap under
18sub. (2) (bh) 2. b.,
the department shall fill any available slot in that school district
19or program with a pupil selected from the school district's applicable waiting list
20established under subd. 4., if such a waiting list exists.
SB658,15 21Section 15 . 118.60 (3) (b) of the statutes is amended to read:
SB658,9,722 118.60 (3) (b) If a participating private school rejects an applicant who resides
23within in an eligible school district because the private school has too few available
24spaces, the applicant may transfer his or her application to a participating private
25school that has space available. An applicant who is rejected under this paragraph

1or an applicant who is on the waiting list under par. (am) 4. may, subject to sub. (2)
2(bh) 2. a.,
be admitted to a private school participating in the program under this
3section for the following school year, provided that the applicant continues to reside
4within in an eligible school district. The department may not require, in that
5following school year, the private school to submit financial information regarding
6the applicant or to verify the eligibility of the applicant to participate in the program
7under this section on the basis of family income.
SB658,16 8Section 16 . 118.60 (3) (c) of the statutes is amended to read:
SB658,9,219 118.60 (3) (c) If a participating private school rejects an applicant who resides
10in a school district, other than an eligible school district or a 1st class city school
11district, because the private school has too few available spaces, the applicant may
12transfer his or her application to a participating private school that has space
13available. An applicant who is rejected under this paragraph or an applicant who
14is on the a waiting list under par. (ar) 4. a. or b. may, subject to sub. (2) (be) and (bh)
152. b.
, be admitted to a private school participating in the program under this section
16for the following school year, provided that the applicant continues to reside in a
17school district, other than an eligible school district or a 1st class city school district.
18The department may not require, in that following school year, the private school to
19submit financial information regarding the applicant or to verify the eligibility of the
20applicant to participate in the program under this section on the basis of family
21income.
SB658,17 22Section 17 . 118.60 (4v) (b) of the statutes is amended to read:
SB658,9,2523 118.60 (4v) (b) If the department considers a pupil as a resident of an eligible
24school district under par. (a) for a school year, the department shall ensure that the
25pupil is not counted for that school year for purposes of determining whether a school

1district has exceeded its pupil participation limit under sub. (2) (be) and that the
2pupil is not counted for that school year for purposes of determining whether a
3program cap under sub. (2) (bh) 2. a. or b. has been exceeded
.
SB658,18 4Section 18 . 118.60 (4v) (c) and (d) of the statutes are created to read:
SB658,10,85 118.60 (4v) (c) The department may consider a pupil enrolled in a private
6school participating in the program under this section who satisfies all of the
7following as a resident of a school district, other than an eligible school district or a
81st class city school district, who is enrolled in the private school under this section:
SB658,10,109 1. The pupil was a resident of an eligible school district when the pupil applied
10to participate in the program under this section.
SB658,10,1211 2. The pupil accepted a space at a private school participating in the program
12under this section as a resident of an eligible school district.
SB658,10,1413 3. The pupil resides in a school district, other than an eligible school district
14or a 1st class city school district, on the 3rd Friday in September.
SB658,10,1715 4. The private school the pupil is attending under this section accepts
16applications under this section from pupils who reside in school districts, other than
17an eligible school district or a 1st class city school district.
SB658,10,2418 (d) If the department considers a pupil as a resident of a school district, other
19than an eligible school district or a 1st class city school district, under par. (c) for a
20school year, the department shall ensure that the pupil is not counted for that school
21year for purposes of determining whether the school district has exceeded its pupil
22participation limit under sub. (2) (be) and that the pupil is not counted for that school
23year for purposes of determining whether a program cap under sub. (2) (bh) 2. a. or
24b. has been exceeded.
SB658,19 25Section 19 . 119.23 (2) (a) (intro.) of the statutes is amended to read:
SB658,11,3
1119.23 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (b), any pupil in grades
2kindergarten to 12 who resides within the city may attend any private school if all
3of the following apply:
SB658,20 4Section 20 . 119.23 (2) (b) of the statutes is created to read:
SB658,11,75 119.23 (2) (b) 1. In this paragraph, “program cap” means the total number of
6pupils residing in the city who attended a private school under this section in the
72019-20 school year.
SB658,11,108 2. Beginning with the 2020-21 school year, the total number of pupils residing
9in the city who may attend a private school under this section during a school year
10may not exceed the program cap.
SB658,21 11Section 21 . 119.23 (3) (a) (intro.) of the statutes is amended to read:
SB658,11,2512 119.23 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit
13an application, on a form provided by the state superintendent, to the participating
14private school that the pupil wishes to attend. If more than one pupil from the same
15family applies to attend the same private school, the pupils may use a single
16application. No later than 60 days after the end of the application period during
17which an application is received and subject to par. (ar), the private school shall
18notify each applicant, in writing, whether his or her application has been accepted.
19If the private school rejects an application, the notice shall include the reason. A
20Subject to par. (ar), a private school may reject an applicant only if it the private
21school
has reached its maximum general capacity or seating capacity. The Except
22as provided in par. (ar), the
state superintendent shall ensure that the private school
23determines which pupils to accept on a random basis, except that the private school
24may give preference to the following in accepting applications, in order of preference
25listed:
SB658,22
1Section 22. 119.23 (3) (ar) of the statutes is created to read:
SB658,12,32 119.23 (3) (ar) All of the following apply to applications to attend a private
3school under this section submitted by pupils who reside in the city:
SB658,12,104 1. A private school that has submitted a notice of intent to participate under
5sub. (2) (a) 3. may accept applications for a school year during application periods
6determined by the department from pupils who reside in the city. For each school
7year, the department shall establish one or more application periods under this
8subdivision, the first of which begins no later than February 1 of the school year
9before the applicable school year, and the last of which ends no later than September
1014 of the applicable school year.
SB658,12,1711 2. Each private school that received applications under subd. 1. shall report to
12the department the number of pupils who applied under subd. 1. to attend the private
13school under this section and the names of those applicants who have siblings who
14also applied under subd. 1. to attend the private school under this section. The
15private school shall submit the report no later than 10 days after each application
16period described under subd. 1. during which the private school received
17applications.
SB658,13,218 3. After the end of each application period described under subd. 1, upon receipt
19of the information under subd. 2., the department shall determine the sum of all
20applicants for pupils residing in the city. In determining the sum, the department
21shall count a pupil who has applied to attend more than one private school under the
22program only once. If, after the end of an application period described under subd.
231., the sum of all applicants for pupils residing in the city exceeds the program cap
24under sub. (2) (b), the department shall determine which applications submitted
25during the application period to accept on a random basis, except that the

1department shall give preference to the applications of pupils described in par. (a)
21. to 5., in the order of preference listed in that paragraph.
SB658,13,53 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (b), the
4department shall establish a waiting list in accordance with the preferences required
5under subd. 3.
SB658,13,126 5. A private school that has accepted a pupil who resides in the city under this
7paragraph shall notify the department whenever the private school determines that
8a pupil will not attend the private school under this paragraph. If, upon receiving
9notice under this subdivision, the department determines that the number of pupils
10attending private schools under this section falls below the program cap under sub.
11(2) (b), the department shall fill any available slot with a pupil selected from the
12waiting list established under subd. 4., if such a waiting list exists.
SB658,23 13Section 23 . 119.23 (3) (b) of the statutes is amended to read:
SB658,13,2314 119.23 (3) (b) If the private school rejects an applicant because it the private
15school
has too few available spaces, the applicant may transfer his or her application
16to a participating private school that has space available. An applicant who is
17rejected under this paragraph or an applicant who is on the waiting list under par.
18(ar) 4.
may, subject to sub. (2) (b), be admitted to a private school participating in the
19program under this section for the following school year, provided that the applicant
20continues to reside within in the city. The department may not require, in that
21following school year, the private school to submit financial information regarding
22the applicant or to verify the eligibility of the applicant to participate in the program
23under this section on the basis of family income.
SB658,24 24Section 24 . 119.23 (4v) (b) of the statutes is amended to read:
SB658,14,6
1119.23 (4v) (b) If the department considers a pupil as a resident of the city
2under par. (a) for a school year, the department shall ensure that the pupil is not
3counted for that school year for purposes of determining whether a school district has
4exceeded its pupil participation limit under s. 118.60 (2) (be) and that the pupil is not
5counted for that school year for purposes of determining whether a program cap
6under sub. (2) (b) or s. 118.60 (2) (bh) 2. a. or b. has been exceeded
.
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