AB1042,76,1210 (a) Intentionally or negligently misrepresented any information required
11under this section subchapter or any rule promulgated under this section
12subchapter.
AB1042,76,1513 (b) Failed to provide the notice or pay the fee required under sub. (2) (a) 3. s.
14118.73 (1)
, or provide the information required under sub. (7) (am) or (d) s. 118.75 or
15118.83
, by the date or within the period specified.
AB1042,76,1716 (c) Failed to refund to the state any overpayment made under sub. (4) or (4m)
17the choice program by the date specified by department rule.
AB1042,76,1818 (d) Failed to provide the information required under sub. (6m) or (6p) s. 118.78.
AB1042,76,2019 (e) Failed to comply with the requirements under sub. (7) (b), (c), or (h) or (7m)
20s. 118.76, 118.79 (3) or (4), 118.80 (3), (6), or (9) (d), or 118.81 (3) or (4).
AB1042,76,2121 (f) Violated sub. (7) (b) 4., 5., or 6. s. 118.80 (9) (a), (b), or (c).
AB1042,77,222 (g) Before the end of a 7-year period beginning on the date of an order issued
23by the state superintendent under this subsection section, s. 118.60, 2023 stats., or
24s. 119.23, 2023 stats.
, retained a disqualified person, for compensation or as a
25volunteer, as an owner, officer, director, trustee, administrator, person designated by

1the administrator to assist in processing pupil applications, or person responsible for
2administrative, financial, or pupil health and safety matters.
AB1042,180 3Section 180 . 118.60 (10) (am) of the statutes is renumbered 118.85 (2), and
4118.85 (2) (intro.), (a), (c) and (d), as renumbered, are amended to read:
AB1042,77,85 118.85 (2) Barred; following school year. (intro.) If the state superintendent
6determines that any of the following have occurred, he or she the state
7superintendent
may issue an order barring the a private school from participating
8in the choice program under this section in the following school year:
AB1042,77,109 (a) The private school has not complied with the requirements under sub. (7)
10(em)
s. 118.74 (4).
AB1042,77,1211 (c) The private school has not achieved accreditation within the period allowed
12under sub. (2) (a) 7. s. 118.74 (2) (b).
AB1042,77,1513 (d) The private school intentionally or negligently misrepresented any
14information required under this section subchapter or any rule promulgated under
15this section subchapter.
AB1042,181 16Section 181 . 118.60 (10) (ar) of the statutes is renumbered 118.85 (3) and
17amended to read:
AB1042,77,2518 118.85 (3) (a) If the state superintendent determines that a participating
19private school has failed to continuously maintain accreditation as required under
20sub. (7) (ad) s. 118.74 (4), that the governing body of the participating private school
21has withdrawn the participating private school from the accreditation process, or
22that the participating private school's accreditation has been revoked, denied, or
23terminated by an accrediting entity, the state superintendent shall issue an order
24barring the private school's participation in the choice program under this section at
25the end of the current school year.
AB1042,78,8
1(b) A private school whose participation in the choice program under this
2section
is barred under subd. 1. par. (a) may not participate in the choice program
3under this section or under s. 119.23 until the governing body of the private school
4demonstrates to the satisfaction of the department that it has obtained accreditation
5from an accrediting entity, provided the accreditation is from an entity other than the
6entity with which the private school failed to continuously maintain accreditation or,
7if the private school's accreditation was revoked, denied, or terminated, other than
8the entity that revoked, denied, or terminated the private school's accreditation.
AB1042,182 9Section 182 . 118.60 (10) (b) of the statutes is renumbered 118.85 (4) and
10amended to read:
AB1042,78,1511 118.85 (4) Health and safety of pupils. The state superintendent may issue
12an order immediately terminating a private school's participation in the choice
13program under this section if he or she the state superintendent determines that
14conditions at the private school present an imminent threat to the health or safety
15of pupils.
AB1042,183 16Section 183 . 118.60 (10) (c) of the statutes is renumbered 118.85 (5) and
17amended to read:
AB1042,78,2118 118.85 (5) Parental notification. Whenever the state superintendent issues
19an order under par. (a), (am), (ar), or (b), he or she sub. (1), (2), (3), or (4), the state
20superintendent
shall immediately notify the parent or guardian of each pupil
21attending the private school under this section the choice program.
AB1042,184 22Section 184 . 118.60 (10) (d) of the statutes is renumbered 118.85 (6) and
23amended to read:
AB1042,79,3
1118.85 (6) Withholding payments. The state superintendent may withhold
2payment from a participating private school under subs. (4) and (4m) s. 118.84 if the
3participating private school violates this section subchapter or s. 115.383 (3) (b).
AB1042,185 4Section 185 . 118.60 (11) of the statutes is renumbered 118.87 and amended
5to read:
AB1042,79,6 6118.87 Department; duties. The department shall do all of the following:
AB1042,79,10 7(1) Rules. Promulgate rules to implement and administer this section
8subchapter. The department may not by rule establish standards under sub. (7) (am)
9s. 118.83 or 118.84 (7) that exceed the standards established by the American
10Institute of Certified Public Accountants.
AB1042,79,16 11(2) Notification; choice program changes. Notify each participating private
12school participating in the program under this section of any proposed changes to the
13choice program or to administrative rules governing the choice program, including
14changes to application or filing deadlines but not including changes to provisions
15governing health or safety, prior to the beginning of the school year in which the
16change takes effect.
AB1042,79,19 17(3) Notification; receipt of accreditation status. Within 10 days after
18receiving the information submitted as required under sub. (7) (em) s. 118.74 (4) (b),
19notify the participating private school of receipt of accreditation status.
AB1042,79,24 20(4) Release of public data. When the department publicly releases data
21related to enrollment of, standardized test results for, applications submitted by, or
22waiting lists for pupils participating in or seeking to participate in the choice
23program under this section, release the data all at the same time, uniformly, and
24completely.
AB1042,186 25Section 186 . 118.60 (12) of the statutes is repealed.
AB1042,187
1Section 187. Subchapter II (title) of chapter 118 [precedes 118.70] of the
2statutes is created to read:
AB1042,80,33 chapter 118
AB1042,80,44 Subchapter II
AB1042,80,55 Private school choice Program
AB1042,188 6Section 188. 118.70 (3), (6), (7), (8), (9), (11), (12), (16), (17), (18) and (20) of the
7statutes are created to read:
AB1042,80,88 118.70 (3) “Choice program” means any of the following:
AB1042,80,99 (a) The program administered under this subchapter.
AB1042,80,1110 (b) The program administered under s. 118.60, 2023 stats., or s. 119.23, 2023
11stats.
AB1042,80,15 12(6) “Family income" means the federal adjusted gross income of the parents of
13a pupil who reside in the same household as the pupil. “Family income" does not
14include money earned by a pupil in the work based learning program created under
15s. 118.56.
AB1042,80,17 16(7) “January count date” means the 2nd Friday in January or an alternative
17count date designated by the department under s. 118.87 (6).
AB1042,80,20 18(8) “January pupil count report” means a report submitted to the department
19that includes the number of pupils attending a participating private school under the
20choice program on the January count date.
AB1042,80,22 21(9) “Milwaukee pupil” means a pupil who resides in a 1st class city school
22district.
AB1042,80,24 23(11) (a) “Parent” means an individual who resides in the same household as a
24pupil and who is any of the following in relation to the pupil:
AB1042,80,2525 1. A biological parent.
AB1042,81,1
12. A legal guardian.
AB1042,81,22 3. An adoptive parent.
AB1042,81,33 4. A stepparent.
AB1042,81,54 (b) For purposes of par. (a), an individual listed in par. (a) 1. to 4. who is on active
5military duty is considered to reside in the same household as a pupil.
AB1042,81,76 (c) If no individual meets the requirements under par. (a), “parent” means an
7individual who has the legal authority to make educational decisions for a pupil.
AB1042,81,9 8(12) “Participating private school” means a private school participating in the
9choice program.
AB1042,81,11 10(16) “Racine pupil” means a pupil who resides in the Racine Unified School
11District.
AB1042,81,13 12(17) “September count date” means the 3rd Friday in September or an
13alternative date designated by the department under s. 118.87 (6).
AB1042,81,16 14(18) “September pupil count report” means a report submitted to the
15department that includes the number of pupils attending a participating private
16school under the choice program on the September count date.
AB1042,81,18 17(20) “Wisconsin pupil” means a pupil who resides in this state but does not
18reside in a 1st class city school district or the Racine Unified School District.
AB1042,189 19Section 189 . 118.71 of the statutes is created to read:
AB1042,81,20 20118.71 Pupil reenrollment. (1) Definitions. In this section:
AB1042,81,2121 (a) “Continuing pupil” means a pupil who meets all of the following criteria:
AB1042,81,2422 1. The pupil was included as a choice program pupil in the participating private
23school's January pupil count report for the current school year and subsequently has
24not been determined ineligible to participate in the choice program.
AB1042,82,2
12. The pupil is not in the highest grade that will be offered by the participating
2private school in the following school year.
AB1042,82,43 3. The pupil will not be 21 years of age by September 1 of the following school
4year.
AB1042,82,55 4. The pupil resides in this state.
AB1042,82,76 (b) “Reenrollment acceptance deadline” means the 10th day after the 4th
7Friday in January of the current school year.
AB1042,82,118 (c) “Reenrollment notification period” means the period beginning on the date
9the participating private school submits the January pupil count report for the
10current school year or the 4th Friday in January of the current school year, whichever
11is earlier, and ending on the 4th day after the 4th Friday in January.
AB1042,82,14 12(2) Reenrollment notification process. In the 2025-26 school year and each
13school year thereafter, during the reenrollment notification period, a participating
14private school shall do all of the following:
AB1042,82,1915 (a) If the number of choice program seats the participating private school has
16available in a grade for the following school year is less than the number of
17continuing pupils attending the participating private school who will be in that grade
18in the following school year, the participating private school shall do all of the
19following for the grade:
AB1042,82,2120 1. Determine which continuing pupils receive a choice program seat for the
21following school year on a random basis.
AB1042,82,2422 2. Notify the parent of each continuing pupil who does not receive a choice
23program seat under subd. 1. that the continuing pupil is on the choice program
24waiting list established under s. 118.72 (3) (d) for the following school year.
AB1042,83,9
13. Notify the parent of each continuing pupil who was selected to receive a
2choice program seat under subd. 1. that the continuing pupil has a choice program
3seat at the participating private school for the following school year. The notice
4under this subdivision shall include the reenrollment acceptance deadline and, if the
5participating private school elects to proceed under sub. (3) (b), a statement that, if
6the participating private school does not receive a written or verbal acceptance from
7the continuing pupil's parent by the reenrollment acceptance deadline, the choice
8program seat offered to the continuing pupil under the reenrollment process will be
9revoked.
AB1042,83,2110 (b) If the number of choice program seats a participating private school has
11available in a grade is at least the number of continuing pupils attending the
12participating private school who will be in that grade in the following school year, the
13participating private school shall notify the parent of each continuing pupil who will
14be in the grade in the following school year that the continuing pupil has a choice
15program seat at the participating private school for the following school year. The
16notice shall include the reenrollment acceptance deadline and, if the participating
17private school elects to proceed under sub. (3) (b), a statement that, if the
18participating private school does not receive a written or verbal acceptance from the
19continuing pupil's parent by the reenrollment acceptance deadline, the choice
20program seat offered to the continuing pupil under the reenrollment process will be
21revoked.
AB1042,84,2 22(3) Reenrollment acceptance. If the parent of a continuing pupil who receives
23a choice program seat at a participating private school under sub. (2) does not provide
24the participating private school with a written or verbal acceptance of the choice
25program seat by the reenrollment acceptance deadline, the participating private

1school shall do one of the following for continuing pupils who have not accepted a
2choice program seat offered under sub. (2):
AB1042,84,63 (a) Grant a choice program seat to all continuing pupils who were offered a
4choice program seat under sub. (2) unless a continuing pupil's parent has notified the
5participating private school, in writing, that the continuing pupil will not attend the
6participating private school under the choice program in the following school year.
AB1042,84,167 (b) By 2 days after the reenrollment acceptance deadline, in writing, notify each
8parent of a continuing pupil who was offered a choice program seat under sub. (2) and
9who did not provide the participating private school with a written or verbal
10acceptance of the choice program seat by the reenrollment acceptance deadline that
11the participating private school did not receive a written or verbal acceptance by the
12reenrollment acceptance deadline and that the choice program seat offered to the
13pupil under the reenrollment process has been revoked. The notice shall include a
14statement that the parent may complete an application for the continuing pupil
15during an open application period if the continuing pupil would like to attend the
16participating private school under the choice program in the following school year.
AB1042,190 17Section 190 . 118.72 (title) of the statutes is created to read:
AB1042,84,18 18118.72 (title) Pupil eligibility and application.
AB1042,191 19Section 191 . 118.72 (1) (b) of the statutes is created to read:
AB1042,84,2320 118.72 (1) (b) Wisconsin pupils. For a Wisconsin pupil, the pupil is a member
21of a family that has a total family income that does not exceed an amount equal to
222.2 times the poverty level determined in accordance with criteria established by the
23director of the federal office of management and budget.
AB1042,192 24Section 192 . 118.72 (1) (c) of the statutes is created to read:
AB1042,85,2
1118.72 (1) (c) Prior year attendance. For a Racine pupil or a Wisconsin pupil,
2the pupil satisfies at least one of the following:
AB1042,85,33 1. The pupil was enrolled in a public school in the previous school year.
AB1042,85,44 2. The pupil was not enrolled in school in the previous school year.
AB1042,85,65 3. The pupil attended a participating private school under the choice program
6in the previous school year.
AB1042,85,87 4. The pupil was on a waiting list to attend a participating private school under
8the choice program during the previous school year.
AB1042,85,109 5. The pupil is applying to attend kindergarten, first grade, or 9th grade at a
10participating private school.
AB1042,85,1111 6. The pupil attended a school in another state in the previous school year.
AB1042,85,1312 7. The pupil is a Wisconsin pupil who was on a waiting list under s. 118.60 (3)
13(ar), 2023 stats., in any previous school year.
AB1042,193 14Section 193 . 118.72 (2) of the statutes is created to read:
AB1042,85,1715 118.72 (2) Income requirement exclusions. The income requirement in sub.
16(1) (a) or (b), whichever is applicable to a pupil, does not apply to the pupil if any of
17the following applies:
AB1042,85,1918 (a) The pupil attended a participating private school under the choice program
19in the previous school year.
AB1042,85,2320 (b) For a pupil applying to participate in the choice program after the
21September count date, the pupil is a Milwaukee pupil who was included in the
22September pupil count report as participating in the choice program if the pupil is
23not subsequently determined ineligible for the choice program.
AB1042,85,2524 (c) The pupil was on a waiting list to attend a participating private school under
25the choice program during the previous school year.
AB1042,194
1Section 194. 118.72 (3) (title) of the statutes is created to read:
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