AB305: Bill Text

LRB-3554/1

FFK:klm&cjs

2023 - 2024 LEGISLATURE

2023 Assembly BILL 305

June 9, 2023 - Introduced by Representative Vos, cosponsored by Senators Stroebel, Hutton and Jagler. Referred to Committee on Education.

AB305,1,7 An Act to amend 115.7915 (4m) (a) 2. b., 118.40 (2r) (e) 2p. (intro.), 118.60 (4) (bg) 3., 118.60 (4) (bg) 5. a., 118.60 (4) (bg) 5. b., 119.23 (4) (bg) 3., 119.23 (4) (bg) 5. a. and 119.23 (4) (bg) 5. b.; and to create 121.905 (1) (b) 8. of the statutes; relating to: increasing the per pupil payments in parental choice programs and the Special Needs Scholarship program and the per pupil payments made to independent charter schools and increasing the revenue ceiling for school districts.

Analysis by the Legislative Reference Bureau

Current law generally limits the total amount of revenue per pupil that a school district may receive from general school aids and property taxes in a school year. This limit is known as a school district's revenue limit. Current law provides a minimum per pupil revenue limit for school districts, known as the “revenue ceiling.” Under current law, the revenue ceiling is $10,000 in the 2020-21 school year and each school year thereafter. This bill increases the revenue ceiling to $11,000 for the 2023-24 school year and each school year thereafter.

Under current law, the per pupil payment amounts under the Milwaukee Parental Choice Program, the Racine Parental Choice Program, the Wisconsin Parental Choice Program, and the Special Needs Scholarship Program and the per pupil payment amount paid to independent charter schools (collectively “per pupil payments”) are adjusted annually. The annual adjustment adds to the per pupil payment amount received for the previous school year an amount equal to the sum of any per member revenue limit increase that applies to school districts in the current school year and any per member increase in categorical aids between the current school year and the previous school year. Beginning in the 2024-25 school year, the annual adjustment described above also includes the change in the revenue ceiling, if positive, except for the annual adjustment for a payment under a parental choice program for a pupil enrolled in kindergarten to grade 8, which includes 90 percent of the change in the revenue ceiling, if positive.

Additionally, in the 2023-24 school year, this bill adds the following amounts to the per pupil adjustment formula:

1. For the per pupil payment amount under the MPCP, RPCP, and WPCP for pupils enrolled in grades kindergarten to eight, 10 percent of the revenue ceiling for the 2023-24 school year.

2. For the per pupil payment amount under the MPCP, RPCP, and WPCP for pupils enrolled in grades nine to 12, 26.8 percent of the revenue ceiling for the 2023-24 school year.

3. For the per pupil payment amount paid to independent charter schools, 15.7 percent of the revenue ceiling for the 2023-24 school year.

4. For the per pupil payment amount under the SNSP, 14.5 percent of the revenue ceiling for the 2023-24 school year.

Because the per pupil adjustment formula includes the amount received in the previous school year, the amounts added in the 2023-24 school year will be included in the per pupil amounts for the 2024-25 school year.

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:

AB305,1 Section 1 . 115.7915 (4m) (a) 2. b. of the statutes is amended to read:

AB305,3,2 115.7915 (4m) (a) 2. b. Beginning in the 2018-19 school year and subject to subd. 3., the sum of the scholarship amount under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive ; and in the 2023-24 school year, 14.5 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,2 Section 2 . 115.7915 (4m) (a) 2. b. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB305,3,13 115.7915 (4m) (a) 2. b. Beginning in the 2018-19 school year and subject to subd. 3., the sum of the scholarship amount under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive; the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, 14.5 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,3 Section 3 . 118.40 (2r) (e) 2p. (intro.) of the statutes is amended to read:

AB305,3,25 118.40 (2r) (e) 2p. (intro.) In the 2015-16 school year and in each school year thereafter, for a pupil attending a charter school established by or under a contract with an entity under par. (b) 1., from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this paragraph in the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, if positive; and in the 2023-24 school year, 15.7 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year. The change in the statewide categorical aid per pupil shall be determined as follows:

AB305,4 Section 4 . 118.40 (2r) (e) 2p. (intro.) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB305,4,14 118.40 (2r) (e) 2p. (intro.) In the 2015-16 school year and in each school year thereafter, for a pupil attending a charter school established by or under a contract with an entity under par. (b) 1., from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this paragraph in the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive; the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, if positive; and in the 2023-24 school year, 15.7 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year. The change in the statewide categorical aid per pupil shall be determined as follows:

AB305,5 Section 5 . 118.60 (4) (bg) 3. of the statutes is amended to read:

AB305,5,5 118.60 (4) (bg) 3. In the 2015-16 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, except as provided in subd. 5., 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 sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; in the 2023-24 school year, if the pupil is enrolled in a grade from kindergarten to 8, 10 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, if the pupil is enrolled in a grade from 9 to 12, 26.8 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,6 Section 6 . 118.60 (4) (bg) 3. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB305,6,2 118.60 (4) (bg) 3. In the 2015-16 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, except as provided in subd. 5., 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 sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; in the 2023-24 school year, if the pupil is enrolled in a grade from kindergarten to 8, 10 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and 90 percent of the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive, if the pupil is enrolled in a grade from kindergarten to 8, or if the pupil is enrolled in a grade from 9 to 12, the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive; the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, if the pupil is enrolled in a grade from 9 to 12, 26.8 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,7 Section 7 . 118.60 (4) (bg) 5. a. of the statutes is amended to read:

AB305,6,13 118.60 (4) (bg) 5. a. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between kindergarten to 8 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, 10 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,8 Section 8 . 118.60 (4) (bg) 5. a. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB305,7,2 118.60 (4) (bg) 5. a. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between kindergarten to 8 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and 90 percent of the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive; the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, 10 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,9 Section 9 . 118.60 (4) (bg) 5. b. of the statutes is amended to read:

AB305,7,12 118.60 (4) (bg) 5. b. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between 9 to 12 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, 26.8 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,10 Section 10 . 118.60 (4) (bg) 5. b. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB305,7,25 118.60 (4) (bg) 5. b. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between 9 to 12 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive; the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, 26.8 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,11 Section 11. 119.23 (4) (bg) 3. of the statutes is amended to read:

AB305,8,16 119.23 (4) (bg) 3. In the 2015-16 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, except as provided in subd. 5., 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) (fu), an amount equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; in the 2023-24 school year, if the pupil is enrolled in a grade from kindergarten to 8, 10 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, if the pupil is enrolled in a grade from 9 to 12, 26.8 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,12 Section 12 . 119.23 (4) (bg) 3. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB305,9,13 119.23 (4) (bg) 3. In the 2015-16 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, except as provided in subd. 5., 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) (fu), an amount equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; in the 2023-24 school year, if the pupil is enrolled in a grade from kindergarten to 8, 10 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and 90 percent of the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive, if the pupil is enrolled in a grade from kindergarten to 8, or if the pupil is enrolled in a grade from 9 to 12, the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive; the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, if the pupil is enrolled in a grade from 9 to 12, 26.8 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,13 Section 13 . 119.23 (4) (bg) 5. a. of the statutes is amended to read:

AB305,9,24 119.23 (4) (bg) 5. a. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between kindergarten to 8 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, 10 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,14 Section 14 . 119.23 (4) (bg) 5. a. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB305,10,13 119.23 (4) (bg) 5. a. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between kindergarten to 8 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and 90 percent of the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive; the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, 10 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,15 Section 15 . 119.23 (4) (bg) 5. b. of the statutes is amended to read:

AB305,10,23 119.23 (4) (bg) 5. b. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between 9 to 12 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, 26.8 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,16 Section 16 . 119.23 (4) (bg) 5. b. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB305,11,11 119.23 (4) (bg) 5. b. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between 9 to 12 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive; the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, 26.8 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB305,17 Section 17. 121.905 (1) (b) 8. of the statutes is created to read:

AB305,11,14 121.905 (1) (b) 8. Notwithstanding subd. 7., “revenue ceiling” means the amount under subd. 7. plus $1,000.

AB305,9334 Section 9334. Initial applicability; Public Instruction.

AB305,11,17 (1) Revenue ceiling. The treatment of s. 121.905 (1) (b) 8. first applies to the revenue ceiling in the 2023-24 school year.

AB305,9434 Section 9434. Effective dates; Public Instruction.

AB305,11,23 (1) Annual adjustment formula. The treatment of ss. 115.7915 (4m) (a) 2. b. (by Section 2 ), 118.40 (2r) (e) 2p. (intro.) (by Section 4), 118.60 (4) (bg) 3. (by Section 6), 118.60 (4) (bg) 5. a. (by Section 8 ), 118.60 (4) (bg) 5. b. (by Section 10), 119.23 (4) (bg) 3. (by Section 12 ), 119.23 (4) (bg) 5. a. (by Section 14) and 119.23 (4) (bg) 5. b. (by Section 16 ) takes effect on July 1, 2024.

AB305,11,24 (End)