LRB-5782/1
FFK:emw&wlj
2023 - 2024 LEGISLATURE
February 2, 2024 - Introduced by Senator Stroebel, cosponsored by
Representative Rodriguez. Referred to Committee on Education.
SB989,4,2
1An Act to repeal 20.255 (2) (fu), 48.78 (2) (L), 49.32 (6m), 69.20 (3) (h), 103.005
2(14m), 115.7915 (8m), 118.30 (2) (b) 5., 118.301 (3) (c), 118.33 (6) (c), 118.38 (4),
3118.60 (title) and (1) (am), 118.60 (2) (a) 1. b., c. and d., 118.60 (2) (a) 2., 118.60
4(2) (a) 3., 118.60 (2) (a) 6. c. and d., 118.60 (2) (a) 7. a., 118.60 (2) (ag) (intro.),
5118.60 (2) (ag) 1. b. and c., 118.60 (2) (ag) 2. a., 118.60 (2) (ag) 2. b., 118.60 (2)
6(ag) 4., 118.60 (2) (be), (bm) and (bs), 118.60 (3) (ar), 118.60 (3) (b), 118.60 (3) (c),
7118.60 (3) (d), 118.60 (4) (bg) 1., 2. and 4., 118.60 (4) (bg) 5., 118.60 (4v), 118.60
8(6m) (intro.) and (a) (intro.) and (b), 118.60 (7) (am) 2m. c., 118.60 (7) (b) (intro.)
9and 2m., 118.60 (7) (d) (intro.) and 3., 118.60 (12), 119.23, 119.23 (2) (ag) 1. b.
10and c., 119.23 (2) (ag) 2. b., 121.08 (4) (b) 1. and 3. and 938.78 (2) (L);
to
11renumber 118.60 (6p) (a) 2.;
to renumber and amend 118.60 (1) (intro.), (ab),
12(ad), (af), (ag), (bn), (c), (cm), (d) and (g), 118.60 (2) (a) (intro.), 118.60 (2) (a) 1.
13a., 118.60 (2) (a) 4., 118.60 (2) (a) 5., 118.60 (2) (a) 6. a., 118.60 (2) (a) 6. b., 118.60
14(2) (a) 7. b., 118.60 (2) (a) 7. c., 118.60 (2) (a) 8., 118.60 (2) (a) 9., 118.60 (2) (ag)
11., 118.60 (2) (ag) 2. c., 118.60 (2) (ag) 5., 118.60 (2) (ar), 118.60 (2) (c) 1., 118.60
2(2) (c) 2., 118.60 (2) (d), 118.60 (3) (a) (intro.), 118.60 (3) (a) 1m., 2m., 3., 4. and
35., 118.60 (3m) (a), 118.60 (3m) (am), 118.60 (3m) (b), 118.60 (3m) (c), 118.60 (4)
4(a), 118.60 (4) (bg) 3., 118.60 (4) (c), 118.60 (4d) (a), 118.60 (4d) (b), 118.60 (4m),
5118.60 (4r), 118.60 (4s), 118.60 (5), 118.60 (6), 118.60 (6m) (a) 1. to 9., 118.60 (6m)
6(bm), 118.60 (6m) (c), 118.60 (6m) (d), 118.60 (6p) (a) 1., 118.60 (6p) (b), 118.60
7(7) (ad) 1., 118.60 (7) (ad) 2., 118.60 (7) (ad) 3., 118.60 (7) (ag), 118.60 (7) (am)
81m., 118.60 (7) (am) 2m. b., 118.60 (7) (am) 3., 118.60 (7) (an), 118.60 (7) (b) 1.,
9118.60 (7) (b) 2., 118.60 (7) (b) 3., 118.60 (7) (b) 3m., 118.60 (7) (b) 4. to 6., 118.60
10(7) (c), 118.60 (7) (d) 1. a., 118.60 (7) (d) 1. b., 118.60 (7) (dr), 118.60 (7) (e), 118.60
11(7) (em) 1. and 2., 118.60 (7) (g), 118.60 (7) (h), 118.60 (7m) (a) (intro.), 1. and 2.,
12(b) and (c), 118.60 (9), 118.60 (9m), 118.60 (10) (a) (intro.), 1., 2., 3., 5., 6., 7. and
138., 118.60 (10) (am), 118.60 (10) (ar), 118.60 (10) (b), 118.60 (10) (c), 118.60 (10)
14(d) and 118.60 (11);
to consolidate, renumber and amend 118.60 (2) (ag) 1.
15(intro.) and a., 118.60 (6p) (intro.) and (a) (intro.), 118.60 (7) (am) 2m. (intro.)
16and a., 118.60 (7) (b) 7. a. and b., 119.23 (2) (ag) 1. (intro.) and a. and 121.08 (4)
17(b) (intro.) and 2.;
to amend 20.255 (1) (j), 20.255 (2) (fr), 20.255 (2) (fv), 39.51
18(2), 39.51 (3) (e), 39.51 (4) (intro.), 49.83, 115.28 (54m), 115.364 (1) (am), 115.383
19(1) (c), 115.383 (2) (intro.), 115.383 (3) (b), 115.383 (4), 115.383 (5), 115.385 (2),
20115.385 (3) (intro.), 115.385 (3) (b), 115.385 (4), 115.39 (1) (b) 2., 115.39 (3) (a)
212. b., 115.7915 (4m) (e) 2., 115.7915 (6) (e), 115.7915 (6) (i), 115.7915 (6) (k),
22118.015 (1m) (c) and (d), 118.015 (5), 118.124 (1) (a), 118.125 (4), 118.30 (1g) (a)
233., 118.30 (1g) (a) 4., 118.30 (1s) (intro.), 118.30 (1s) (a), 118.30 (1s) (b), 118.30
24(1s) (bm), 118.30 (1s) (c), 118.30 (1s) (cm), 118.30 (1s) (d), 118.30 (1t), 118.30 (2)
25(b) 1., 118.30 (2) (b) 2., 118.30 (2) (b) 6., 118.30 (5m), 118.301 (3) (d), 118.301 (4)
1(a), 118.33 (1) (f) 2m., 118.33 (1) (f) 2r., 118.33 (1) (f) 3., 118.33 (1m) (a) 1., 118.33
2(1m) (a) 2. a., 118.33 (1m) (a) 2. b., 118.33 (1m) (a) 3., 118.33 (1m) (b), 118.33 (6)
3(cr), 118.40 (2r) (e) 2p. a., 118.56 (1), 118.57 (1), 118.57 (2), 118.60 (2) (a) 3. a.,
4118.60 (2) (ag) 2. a., 118.60 (2) (ag) 4., 118.60 (2) (ar), 119.23 (2) (a) 3., 119.23 (2)
5(ag) 2. a., 119.23 (2) (ag) 4., 119.23 (2) (ar), 119.33 (2) (b) 3. c., 119.46 (1), 119.9002
6(2) (d) 3. (intro.), 121.07 (2) (b), 121.085, 121.137 (2), 121.91 (2m) (c) 1., 121.91
7(2m) (c) 4., 121.91 (2m) (d) 1., 121.91 (2m) (d) 4., 121.91 (4) (n) 1., 146.89 (1) (d)
82., 146.89 (1) (g) 3. and 938.49 (2) (b);
to repeal and recreate 115.7915 (1) and
9115.7915 (2) (c); and
to create 115.001 (3t), 115.7915 (2) (i), 115.7915 (2m),
10115.7915 (4) (c), 115.7915 (4m) (g), 115.7915 (6) (em), 115.7915 (6) (L), 115.7915
11(6) (m), 115.7915 (6) (n), 115.7915 (8) (am), 115.7915 (8) (ap), subchapter I (title)
12of chapter 118 [precedes 118.001], 118.60 (2) (ag) 2. c., subchapter II (title) of
13chapter 118 [precedes 118.70], 118.70 (3), (6), (7), (8), (9), (11), (12), (16), (17),
14(18) and (20), 118.71, 118.72 (title), 118.72 (1) (b), 118.72 (1) (c), 118.72 (2),
15118.72 (3) (title), 118.72 (3) (d), 118.72 (4), 118.73 (title) and (1), 118.74 (title),
16118.74 (3) (title), 118.74 (3) (a) 2., 118.74 (3) (b) 2., 118.74 (4) (title), 118.75 (title),
17118.75 (2), 118.75 (3) (intro.), 118.76 (title) and (2) (title), 118.76 (1) (a) 1. and
182., 118.76 (4), 118.76 (5), 118.76 (7), 118.77 (title), 118.77 (1) (b), 118.77 (1) (d),
19118.77 (2) (b) to (e), 118.78 (title), 118.78 (1) (intro.), 118.79 (title), 118.79 (5),
20118.80 (title), 118.80 (4) (a) and (b), 118.80 (9) (title), 118.80 (9) (d) 2., 118.81
21(title), 118.81 (1) (title), 118.81 (1) (c), 118.81 (2) (title), 118.82 (title), 118.82 (4)
22(title), 118.83 (title), 118.83 (2) (title), 118.84 (title), 118.84 (1), 118.84 (2) (title),
23118.84 (4) (title), 118.84 (4) (a) 1., 118.84 (7), 118.85 (title) and (3) (title), 118.87
1(6) and 119.23 (2) (ag) 2. c. of the statutes;
relating to: combining the choice
2programs and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Private School Choice Program
Under current law, the Department of Public Instruction administers the
Milwaukee Parental Choice Program, the Racine Parental Choice Program, and the
Wisconsin Parental Choice Program. Current law includes a pupil participation
limit on the WPCP that applies through the end of the 2025-26 school year.
Under the bill, beginning in the 2026-27 school year, DPI will administer the
MPCP, the RPCP, and the WPCP as a single program, to be known as the Private
School Choice Program. The bill does not change the pupil eligibility requirements
that exist under each of the current parental choice programs. For example, under
the bill, to be eligible for the Private School Choice Program, a pupil who resides in
the Racine Unified School District must meet the eligibility requirements under the
RPCP: certain prior year school attendance requirements and a family income that
does not exceed 300 percent of the federal poverty level. Similarly, to be eligible for
the Private School Choice Program, a pupil who resides in a school district other than
the Racine Unified School District or Milwaukee Public Schools must meet the
eligibility requirements under the WPCP: certain prior year school attendance
requirements and a family income that does not exceed 220 percent of the federal
poverty level.
Under the bill, to participate in the 2025-26 school year, private schools will
submit to DPI an intent to participate for the MPCP, RPCP, or WPCP. Similarly, for
attendance during the 2025-26 school year, pupils will apply to attend a
participating private school under the MPCP, RPCP, or WPCP. During the 2025-26
school year, DPI will transition to the Private School Choice Program created under
this bill but will continue to administer the combined program as the three separate
parental choice programs. Under the bill, intents to participate and pupil
applications made during the 2025-26 school year for participation or attendance in
the 2026-27 school year are for the Private School Choice Program.
Other changes
In addition to establishing the Private School Choice Program, the bill includes
the following substantive changes:
1. The bill creates a reenrollment process for choice pupils who attend a
participating private school on the January count date. Beginning in the 2025-26
school year, during a reenrollment period that occurs at the end of January, a
participating private school must determine, for each grade it will offer in the
following school year, if it will have enough choice program seats in the following
school year to offer a choice program seat to each of its current choice pupils. If the
participating private school has enough choice program seats for all of its current
choice pupils, the participating private school must notify the parents of each current
choice pupil that the pupil has been offered a choice program seat for the following
school year and the process for the parent to accept the choice program seat. If the
private school determines that it does not have enough choice program seats to offer
all of its current choice pupils a choice program seat for the following school year, the
private school must determine, on a random basis, which current choice pupils
receive a choice program seat for the following school year. The private school must
then notify the parents of each current choice pupil who does not receive a choice
program seat for the following school year that the pupil has been placed on the
waiting list for the following school year and notify the parents of each current choice
pupil that receives a choice program seat for the following school year that the pupil
is being offered a choice program seat for the following school year and the process
for the parent to accept the choice program seat.
2. Beginning in the 2025-26 school year, if a participating private school offers
virtual instruction, the participating private school must ensure that a teacher is
responsible for various aspects of the virtual instruction and pupil learning related
to that virtual instruction. These requirements mirror current law that applies to
virtual charter schools. Additionally, beginning with an intent to participate in a
parental choice program in the 2025-26 school year, a private school must indicate
in its intent to participate whether the private school intends to offer virtual
instruction and, if so, the amount and type of virtual instruction the private school
intends to offer. These changes also apply to a private school participating in the
Special Needs Scholarship Program.
3. Beginning in the 2025-26 school year, a participating private school must
have a physical location in this state from which the private school is operated. The
bill does not require that pupils receive instruction at the physical location. This
change also applies to a private school participating in the SNSP.
4. Beginning in the 2025-26 school year, the bill allows individuals employed
by a participating private school who hold a substitute teaching permit issued by DPI
to teach at a participating private school, as allowed under the substitute teaching
permit. This change also applies to teachers at a private school participating in the
SNSP. Additional changes to teacher qualifications under the SNSP are discussed
below.
5. The bill makes changes to the financial audit that participating private
schools must submit to DPI, including the fiscal and internal practices control report.
Under the bill, beginning in the 2025-26 school year, a management letter is not
required.
6. For new private schools that intend to first participate in a parental choice
program in the 2025-26 school year, the bill makes various changes to the initial
requirements that must be satisfied during the 2024-25 school year. For example,
a new private school that submits a bond to DPI must provide an updated bond under
certain circumstances.
7. The bill changes various deadlines in the Private School Choice Program.
Special Needs Scholarship Program
The bill also makes the following changes to the SNSP:
1. Under current law, a private school may participate in the SNSP if the
private school is accredited or if the private school is approved as a private school by
the state superintendent of public instruction. Beginning in the 2025-26 school year,
a private school must be accredited to participate in the SNSP. The bill provides
exceptions for private schools that participated in the SNSP before the 2025-26
school year. Under the bill, DPI may bar a private school from participating in the
SNSP for failing to comply with the accreditation requirements created in the bill.
2. The bill makes various changes to the financial audit that private schools
participating in the SNSP must submit to DPI, including the fiscal and internal
control practices report. Under the bill, the financial audit requirements are the
same under the SNSP and the Private School Choice Program.
3. Beginning in the 2025-26 school year, teachers and administrators at a
private school participating in the SNSP are subject to the same requirements that
apply to teachers and administrators at a private school participating in the Private
School Choice Program. In general, the private school must ensure that a teacher
has a teaching license issued by DPI or a bachelor's degree or higher, including a
master's or doctorate, from an accredited institution of higher education, and that
an administrator has a teaching or administrator license issued by DPI or at least
a bachelor's degree from an accredited institution of higher education. The bill
creates a waiver process for a teacher who has taught for at least the five consecutive
years immediately preceding July 1, 2025, but does not satisfy the teacher
requirements created in the bill. The bill also requires that, beginning in the
2025-26 school year, a teacher's aide at a private school participating in the SNSP
has at least a high school diploma, declaration of equivalency of high school
graduation, or general educational development certificate of high school
equivalency.
4. Beginning in the 2025-26 school year, a private school participating in the
SNSP must allow a child attending the private school under the SNSP to opt out of
participating in any religious activity if the child's parent submits a written request
to the child's teacher or the private school's principal.
For further information see the state 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:
SB989,1
1Section 1
. 20.255 (1) (j) of the statutes is amended to read:
SB989,7,42
20.255
(1) (j)
Milwaukee Parental Choice Program and the parental Private
3school choice program for eligible school districts and other school districts; financial
4audits. All moneys received under
ss. 118.60 (2) (a) 3. and (ag) 1. c. and 119.23 (2)
5(a) 3. and (ag) 1. c. s. 118.73 (1) (b) to be used to evaluate the financial information
1submitted
under s. 119.23 (7) (am) and (d) 3. and (7m) (a) 2. by private schools
2participating in the Milwaukee Parental Choice Program and under s.
118.60 (7)
3(am) and (d) 3. and (7m) (a) 2. 118.83 by private schools participating in the
private
4school choice program under
s. 118.60 subch. II of ch. 118.
SB989,2
5Section 2
. 20.255 (2) (fr) of the statutes is amended to read:
SB989,7,86
20.255
(2) (fr)
Parental Private school choice program for eligible school
7districts and other school districts. A sum sufficient to make the payments to private
8schools under s.
118.60 (4) and (4m) 118.84 (1) and (2).
SB989,3
9Section 3
. 20.255 (2) (fu) of the statutes is repealed.
SB989,4
10Section
4. 20.255 (2) (fv) of the statutes is amended to read:
SB989,7,1411
20.255
(2) (fv)
Milwaukee Parental Choice Program and the parental choice
12Private school choice program for eligible school districts and other school districts;
13transfer pupils. A sum sufficient to make the payments under
ss. 118.60 (4r) and
14119.23 (4r) s. 118.84 (5).
SB989,5
15Section 5
. 39.51 (2) of the statutes is amended to read:
SB989,7,2216
39.51
(2) Beginning in the 2018-19 school year, from From the appropriation
17under s. 20.235 (1) (c), the board shall award grants to school districts, charter
18schools authorized under s. 118.40 (2r), and private schools participating in
a the
19private school choice program under
s. 118.60 or 119.23 subch. II of ch.118 to support
20dual enrollment programs taught in high schools. These grants shall be awarded for
21the purpose of assisting high school teachers in covering tuition expenses for courses
22taken to meet the minimal qualifications necessary to teach dual enrollment courses.
SB989,6
23Section 6
. 39.51 (3) (e) of the statutes is amended to read:
SB989,7,2524
39.51
(3) (e) A private school participating in the
private school choice program
25under
s. 118.60 or 119.23 subch. II of ch.118.
SB989,7
1Section
7. 39.51 (4) (intro.) of the statutes is amended to read:
SB989,8,62
39.51
(4) (intro.) Following the school year in which a school district, charter
3school authorized under s. 118.40 (2r), or private school participating in
a the private
4school choice program under
s. 118.60 or 119.23
subch. II of ch.118 receives a grant
5under sub. (2), the school district, charter school, or private school shall submit to the
6board a report that includes all of the following information:
SB989,8
7Section
8. 48.78 (2) (L) of the statutes is repealed.
SB989,9
8Section
9. 49.32 (6m) of the statutes is repealed.
SB989,10
9Section
10. 49.83 of the statutes is amended to read:
SB989,8,23
1049.83 Limitation on giving information. Except as provided under ss.
1149.25 and 49.32
(6m), (9), (10), and (10m), no person may use or disclose information
12concerning applicants and recipients of relief funded by a relief block grant, aid to
13families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social
14services, child and spousal support and establishment of paternity and medical
15support liability services under s. 49.22, or supplemental payments under s. 49.77
16for any purpose not connected with the administration of the programs, except that
17the departments of children and families and health services may disclose, including
18by transmitting or granting access to electronic data, such information, including
19social security numbers, to the department of revenue for the sole purposes of
20administering state taxes, including verifying refundable individual income tax
21credits, and collecting debts owed to the department of revenue. Any person
22violating this section may be fined not less than $25 nor more than $500 or
23imprisoned in the county jail not less than 10 days nor more than one year or both.
SB989,11
24Section
11. 69.20 (3) (h) of the statutes is repealed.
SB989,12
25Section
12. 103.005 (14m) of the statutes is repealed.
SB989,13
1Section
13. 115.001 (3t) of the statutes is created to read:
SB989,9,32
115.001
(3t) Private school choice program. “Private school choice program”
3has the meaning given for “choice program” in s. 118.70 (3).
SB989,14
4Section
14. 115.28 (54m) of the statutes is amended to read: