Wisconsin Legislature: 32,2536

1. a. In this subdivision, "municipality" has the meaning given in s. 5.02 (11).

b. A copy of the school's current certificate of occupancy issued by the municipality within which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the municipality within which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the requirement of this subdivision.

2. Evidence of financial viability, as prescribed by the department by rule.

3. Proof that the private school's administrator has participated in a fiscal management training program approved by the department.

(e) Each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1t) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils.

(g) 1. By the first day of the 3rd month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by October 1 of a private school's first school year of participation in the program under this section, whichever is later, the private school shall provide for the development of a plan for maintaining indoor environmental quality in the private school.

2. By the first day of the 12th month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by the beginning of the 2nd school year of participation in the program under this section, whichever is later, the private school shall implement a plan for maintaining indoor environmental quality in the private school.

3. Each private school participating in the program under this section shall provide a copy of the plan implemented under subd. 2. to any person upon request.

(8) There is created a pupil assignment council composed of one representative from each private school participating in the program under this section. Annually by June 30, the council shall make recommendations to the participating private schools to achieve, to the extent possible, a balanced representation of pupils participating in the program under this section.

(9) If any accrediting agency specified under sub. (2) (a) 7. determines during the accrediting or preaccrediting process that a private school does not meet all of the requirements under s. 118.165 (1), it shall report that failure to the department.

(10) (a) The state superintendent may issue an order barring a private school from participating in the program under this section in the current school year if the state superintendent determines that the private school has done any of the following:

1. Misrepresented information required under sub. (7) (d).

2. Failed to provide the notice or pay the fee required under sub. (2) (a) 3., or provide the information required under sub. (7) (am) or (d), by the date or within the period specified.

3. Failed to refund to the state any overpayment made under sub. (4) (b) or (bg) or (4m) by the date specified by department rule.

4. Failed to meet at least one of the standards under sub. (7) (a) by the date specified by department rule.

5. Failed to provide the information required under sub. (6m).

6. Failed to comply with the requirements under sub. (7) (b) or (c).

7. Violated sub. (7) (b) 4., 5., or 6.

(am) If the state superintendent determines that any of the following have occurred, he or she may issue an order barring the private school from participating in the program under this section in the following school year:

2. The private school's application for accreditation has been denied by the accrediting organization.

3. The private school has not achieved accreditation within the period allowed under sub. (2) (a) 7.

(b) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that conditions at the private school present an imminent threat to the health or safety of pupils.

(c) Whenever the state superintendent issues an order under par. (a), (am), or (b), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

(d) The state superintendent may withhold payment from a private school under subs. (4) and (4m) if the private school violates this section.

(11) The department shall do all of the following:

(a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub. (7) (am) that exceed the standards established by the American Institute of Certified Public Accountants.

(b) Notify each private school participating in the program under this section of any proposed changes to the program or to administrative rules governing the program, including changes to application or filing deadlines but not including changes to provisions governing health or safety, prior to the beginning of the school year in which the change takes effect.

32,2533 Section 2533. 119.04 (1) of the statutes is amended to read:

119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.255, 118.258, 118.291, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

32,2536 Section 2536. 119.23 (2) (a) (intro.) of the statutes is amended to read:

119.23 (2) (a) (intro.) Subject to par. (b), any Any pupil in grades kindergarten to 12 who resides within the city may attend, at no charge, any private school located in the city if all of the following apply:

32,2536c Section 2536c. 119.23 (2) (a) 1. of the statutes is renumbered 119.23 (2) (a) 1. a. and amended to read:

119.23 (2) (a) 1. a. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.75 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be determined as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section if the pupil is a member of a family that has a total family income that does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. For purposes of admission to a private school under this section, siblings of pupils attending a private school under this section are subject to the higher income limit. If a pupil attending a private school under this section ceases to attend a private school under this section, the lower income limit applies unless the pupil is a sibling of a pupil attending a private school under this section.

32,2536g Section 2536g. 119.23 (2) (a) 1. b. of the statutes is created to read:

119.23 (2) (a) 1. b. The private school submits to the department of revenue the names, addresses, social security numbers, and other state and federal tax identification numbers, if any, of the pupil's parents or legal guardians. The department of revenue shall review the information submitted under this subd. 1. b. and shall determine whether the pupil is eligible to participate in the program under this section on the basis of family income. Family income for a family in which the pupil's parents are married or in which the pupil's legal guardians are married shall be reduced by $7,000 before the determination is made under this subd. 1. b. The department of revenue may take no other action on the basis of the information submitted under this subd. 1. b. The department of public instruction may not request any additional verification of income from the family of a pupil once the department of revenue has determined whether the pupil is eligible to participate in the program under this section on the basis of family income. The department of public instruction shall establish a procedure for determining family income eligibility for those pupils for whom no social security number or state or federal tax identification number has been provided.

32,2536h Section 2536h. 119.23 (2) (a) 3. of the statutes is amended to read:

119.23 (2) (a) 3. The Except as provided in subd. 3m. b., the private school notified the state superintendent of its intent to participate in the program under this section, and paid a nonrefundable fee set by the department, by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space. The department shall by rule set the fee charged under this subdivision at an amount such that the total fee revenue covers the costs of employing one full-time auditor to evaluate the financial information submitted by the private schools under sub. (7) (am) and (d) 2. and 3. and under s. 118.60 (7) (am) and (d) 2. and 3.

32,2536p Section 2536p. 119.23 (2) (a) 3m. of the statutes is created to read:

119.23 (2) (a) 3m. a. In this subdivision, "municipality" has the meaning given in s. 5.02 (11).

b. For a private school located in a municipality other than the city that intends to participate in the program under this section in the 2011-12 school year, the private school notified the state superintendent of its intent to participate, and paid the nonrefundable fee set by the department under subd. 3. by August 1, 2011. The notice shall specify the number of pupils participating in the program under this section for which the school has space.

32,2536t Section 2536t. 119.23 (2) (a) 7. a. of the statutes is amended to read:

119.23 (2) (a) 7. a. Subject to subd. 7. c., for a private school participating in the program under this section on July 1, 2009, the private school achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the Archdiocese of Milwaukee, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year that begins after June 30, 2006, in which it participates in the program under this section, or the private school was approved for scholarship funding for the 2005-06 school year by Partners Advancing Values in Education. If the private school is accredited as provided under this subd. 7. a., the private school is not required to obtain preaccreditation from the Institute for the Transformation of Learning at Marquette University under subd. 7. b. as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

32,2536x Section 2536x. 119.23 (2) (a) 7. b. of the statutes is amended to read:

119.23 (2) (a) 7. b. Subject to subd. 7. c., for a private school that is a first-time participant in the program under this section on or after July 1, 2009, and that is not accredited as provided under subd. 7. a., the private school obtains preaccreditation from by the Institute for the Transformation of Learning at Marquette University, the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the Archdiocese of Milwaukee, or any other organization recognized by the National Council for Private School Accreditation by August 1 before the first school term of participation in the program under this section that begins after July 1, 2009, or by May 1 if the private school begins participating in the program during summer school, and achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the Archdiocese of Milwaukee, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year that begins after July 1, 2009, in which it participates in the program under this section. If the private school is accredited under this subd. 7. b., the private school is not required to obtain preaccreditation from the Institute for the Transformation of Learning at Marquette University as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

32,2539 Section 2539. 119.23 (2) (b) of the statutes is repealed.

32,2540b Section 2540b. 119.23 (3) (a) of the statutes is amended to read:

119.23 (3) (a) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. Within 60 days after receiving the application, the private school shall notify the each applicant, in writing, whether the his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis.

32,2540m Section 2540m. 119.23 (3m) of the statutes is created to read:

119.23 (3m) (a) A private school participating in the program under this section may not charge or receive any additional payment for a pupil participating in the program under this section other than the payment the school receives under sub. (4) and, if applicable, sub. (4m), if either of the following applies:

1. The pupil is enrolled in a grade from kindergarten to 8.

2. The pupil is enrolled in a grade from 9 to 12 and the family income of the pupil, as determined under sub. (2) (a) 1., does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

(b) A private school participating in the program under this section may, in addition to the payment it receives for a pupil under sub. (4) and, if applicable, sub. (4m), charge the pupil tuition and fees in an amount determined by the school if both of the following apply:

1. The pupil is enrolled in a grade from 9 to 12.

2. The family income of the pupil, as determined under sub. (2) (a) 1., exceeds an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

(c) A private school participating in the program under this section shall determine whether the private school may charge additional tuition and fees to a pupil on the basis of the pupil's family income as permitted under par. (b). The private school shall establish a process for accepting an appeal to the governing body of the private school of the determination made under this paragraph.

32,2541m Section 2541m. 119.23 (4) (b) (intro.) of the statutes is amended to read:

119.23 (4) (b) (intro.) Except as provided in par. (bg), upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the parent or guardian 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 lesser of the following:

32,2542 Section 2542. 119.23 (4) (bg) of the statutes is amended to read:

119.23 (4) (bg) In the 2009-10 2011-12 and 2010-11 2012-13 school years, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, 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 private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or $6,442, whichever is less.

32,2542c Section 2542c. 119.23 (4) (c) of the statutes is amended to read:

119.23 (4) (c) The state superintendent shall pay 25% of the total amount under this subsection in September, 25% in November, 25% in February, and 25% in May. Each installment may consist of a single check for all pupils attending the private school under this section. The state superintendent may shall include the entire amount under sub. (4m) in one of those installments or apportion the entire amount among one or more of those installments. Except as provided in sub. (4r), the department shall send the check to the private school. Except as provided in sub. (4r), the parent or guardian shall restrictively endorse the check for the use of the private school the November installment, but the payment shall be made in a separate check from the payment under this subsection.

32,2542g Section 2542g. 119.23 (4) (d) of the statutes is created to read:

119.23 (4) (d) In determining a private school's operating and debt service cost per pupil under par. (b) 1. and (4m) (a), the department shall do all of the following:

1. Subtract only the following, up to the actual cost of the service or material related to each item:

a. Fees charged pupils for books and supplies used in classes and programs.

b. Rentals for school buildings.

c. Food service revenues.

d. Governmental financial assistance.

e. Interest and other income resulting from the investment of debt proceeds.

2. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party, there is no other mechanism to include the private school's facilities costs in the calculation of its operating and debt service cost, and the private school requests that the department do so, include an amount equal to 10.5 percent of the fair market value of the school and its premises. A request made by a private school under this subdivision remains effective in subsequent school years and may not be withdrawn by the private school.

3. If immediately prior to the effective date of this subdivision .... [LRB inserts date], a private school's operating and debt service costs, as determined by the department, included the amount described in subd. 2., continue to include the amount described in subd. 2. in subsequent school years.

32,2542n Section 2542n. 119.23 (4m) of the statutes is renumbered 119.23 (4m) (intro.) and amended to read:

119.23 (4m) (intro.) In addition to the payment under sub. (4) the state superintendent shall pay to the parent or guardian of each pupil enrolled in a private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending the private school under this section, in the manner described in sub. (4) (c), an the amount determined by multiplying 40% of the payment under sub. (4) as follows:

(c) Multiply the product under par. (b) by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under sub. (4).

32,2542r Section 2542r. 119.23 (4m) (a) and (b) of the statutes are created to read:

119.23 (4m) (a) Determine the private school's operating and debt service cost per pupil in summer school that is related to educational programming.

(b) Multiply the amount under par. (a) by 0.40.

32,2544w Section 2544w. 119.23 (7) (am) 1. and 2. of the statutes are amended to read:

119.23 (7) (am) 1. An independent financial audit of the private school conducted by an independent certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents pupil costs under sub. (4) (b) 1. The audit under this subdivision shall be limited in scope to those records that are necessary for the department to make payments under subs. (4) and (4m). The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants.

2. Evidence of sound fiscal and internal control practices, as prescribed by the department by rule. An auditor engaged to evaluate the private school's fiscal and internal control practices shall conduct his or her evaluation, including determining sample sizes, in accordance with attestation standards established by the American Institute of Certified Public Accountants.

32,2544x Section 2544x. 119.23 (7) (b) 8. of the statutes is repealed.

32,2545 Section 2545. 119.23 (7) (d) 1. of the statutes is renumbered 119.23 (7) (d) 1. b. and amended to read:

119.23 (7) (d) 1. b. A copy of the school's current certificate of occupancy issued by the city municipality within which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the city municipality within which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the requirement of this subdivision.

32,2546 Section 2546. 119.23 (7) (d) 1. a. of the statutes is created to read:

119.23 (7) (d) 1. a. In this subdivision, "municipality" has the meaning given in s. 5.02 (11).

32,2549e Section 2549e. 119.23 (9) (a) of the statutes is renumbered 119.23 (9) and amended to read:

119.23 (9) If any accrediting agency specified under sub. (2) (a) 7. a. or b. determines during the accrediting or preaccrediting process that a private school does not meet all of the requirements under s. 118.165 (1), or if the Institute for the Transformation of Learning at Marquette University determines during the preaccreditation process that a private school does not meet all of the requirements under s. 118.165 (1), it shall report that failure to the department.

32,2549m Section 2549m. 119.23 (9) (b) of the statutes is repealed.

32,2549s Section 2549s. 119.23 (10) (a) 2. of the statutes is amended to read: