LRB-2739/1
FFK:skw
2021 - 2022 LEGISLATURE
April 14, 2021 - Introduced by Representative Wittke, cosponsored by Senator
Stroebel. Referred to Committee on Education.
AB261,1,4 1An Act to amend 118.38 (4) (a) (intro.), 118.38 (4) (a) 2. a., 118.38 (4) (a) 2. b. and
2118.38 (4) (c) of the statutes; relating to: the department of public instruction's
3waiver authority related to parental choice programs, the Special Needs
4Scholarship Program, and independent charter schools.
Analysis by the Legislative Reference Bureau
During the period beginning on March 12, 2020, and ending on October 31,
2020, 2019 Wisconsin Act 185 granted the Department of Public Instruction the
authority to waive state education statutes, and rules promulgated under those
statutes, related to 1) a parental choice program or the Special Needs Scholarship
Program, 2) private schools participating in a parental choice program or the SNSP,
and 3) independent charter schools. This bill extends the period of time that DPI is
authorized to waive these state statutes and rules to October 31, 2021.
During the period beginning on March 12, 2020, and ending on October 31,
2020, 2019 Wisconsin Act 185 also allowed DPI to establish alternate deadlines for
requirements related to parental choice programs or the SNSP if the original
deadline occurred between March 12, 2020, and October 31, 2020, or the original
deadline related to another event that occurred between the same dates. The bill
extends the period of time that DPI has the authority to establish such alternate
deadlines to October 31, 2021, and extends DPI's authority to deadlines that would

otherwise occur or are related to events that would otherwise occur on or before
October 31, 2021.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB261,1 1Section 1. 118.38 (4) (a) (intro.) of the statutes is amended to read:
AB261,2,42 118.38 (4) (a) (intro.) Beginning on the first day of the public health emergency
3declared on March 12, 2020, by executive order 72, and ending on October 31, 2020
42021, the department may do all of the following:
AB261,2 5Section 2. 118.38 (4) (a) 2. a. of the statutes is amended to read:
AB261,2,86 118.38 (4) (a) 2. a. A deadline that occurs during the period beginning on the
7first day of the public health emergency declared on March 12, 2020, by executive
8order 72, and ending on October 31, 2020 2021.
AB261,3 9Section 3. 118.38 (4) (a) 2. b. of the statutes is amended to read:
AB261,2,1210 118.38 (4) (a) 2. b. A deadline for a requirement that affects a date during the
11period beginning on the first day of the public health emergency declared on March
1212, 2020, by executive order 72, and ending on October 31, 2020 2021.
AB261,4 13Section 4. 118.38 (4) (c) of the statutes is amended to read:
AB261,2,1714 118.38 (4) (c) A waiver under par. (a) 1. applies may apply only to the 2019-20
15school year, the 2020-21 school year, or both the 2019-20 and 2020-21 school years.
16In each waiver under par. (a) 1., the department shall specify the school year or school
17years to which the waiver applies.
AB261,2,1818 (End)
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