Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,338,19 (2) (a) Except as provided in par. (b), upon receipt of an application from the parent of an eligible autistic child, the department shall award a scholarship to the child. The scholarship may be used only to pay tuition for the child to attend a special education program that implements the child's individualized education program and that is operated by a school district other than the school district that the child is attending or in which the child resides, by another public entity, or by a private provider approved by the department under sub. (3). The amount of the scholarship shall be $15,000 or the actual tuition charged by the special education program, whichever is less.

SB40-ASA1-AA1,338,21 (b) No more than 200 scholarships may be awarded under this section in any school year.

SB40-ASA1-AA1,338,25 (3) The department shall establish standards for the approval of private providers for the purpose of sub. (2). The department may not approve a private provider unless the person providing special education or related services holds the appropriate license issued by the department.

SB40-ASA1-AA1,339,4 (4) The department shall promulgate rules to implement and administer this section, including procedures and deadlines for scholarship applications, payment schedules for scholarships, and standards for the approval of private providers under sub. (3).

SB40-ASA1-AA1, s. 2711e Section 2711e. 115.88 (10) of the statutes is created to read:

SB40-ASA1-AA1,339,9 115.88 (10) Autism scholarship program. Notwithstanding subs. (1m) to (3), (6), and (8) and ss. 115.93 and 118.255 (4), annually the department shall allocate $3,000,000 from the appropriation under s. 20.255 (2) (b) for autism scholarships under s. 115.85.

SB40-ASA1-AA1, s. 2711f Section 2711f. 115.882 of the statutes is amended to read:

SB40-ASA1-AA1,339,16 115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4) and then for the purpose of s. 115.88 (10). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, not to exceed 100%.".

SB40-ASA1-AA1,339,17 1712. Page 1237, line 5: after that line insert:

SB40-ASA1-AA1,339,18 " Section 2713m. 118.15 (1) (cv) of the statutes is created to read:

SB40-ASA1-AA1,339,21 118.15 (1) (cv) Attendance at a special education program operated by a public entity or private provider under a scholarship awarded under s. 115.85 may be substituted for attendance at a public or private school.".

SB40-ASA1-AA1,339,22 1713. Page 1237, line 5: after that line insert:

SB40-ASA1-AA1,339,23 " Section 2719m. 118.35 (4) of the statutes is amended to read:

SB40-ASA1-AA1,340,4 118.35 (4) From the appropriation under s. 20.255 (2) (fy), the department shall award grants to nonprofit organizations, cooperative educational service agencies, and the school district operating under ch. 119 for the purpose of providing advanced curriculum and assessments for gifted and talented middle school pupils.".

SB40-ASA1-AA1,340,6 1714. Page 1237, line 6: delete the material beginning with that line and ending with page 1239, line 4, and substitute:

SB40-ASA1-AA1,340,7 " Section 2717L. 118.43 (3) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,340,10 118.43 (3) Contract requirements. (intro.) Except as provided in pars. (am) and (ar) and sub. (4m), an achievement guarantee contract shall require the school board to do all of the following in each participating school:

SB40-ASA1-AA1, s. 2717p Section 2717p. 118.43 (4m) of the statutes is created to read:

SB40-ASA1-AA1,340,14 118.43 (4m) Exceptions. A school district participating in the program under this section may disregard the requirement to reduce class size to 15 in grades 2 or 3, or both, in any school.

SB40-ASA1-AA1, s. 2717t Section 2717t. 118.43 (6) (b) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,340,19 118.43 (6) (b) (intro.) From the appropriations appropriation under s. 20.255 (2) (cu) and (cv), subject to par. (c), the department shall pay to each school district that has entered into a contract with the department under this section an amount determined as follows:

SB40-ASA1-AA1, s. 2717v Section 2717v. 118.43 (6) (b) 9. of the statutes is amended to read:

SB40-ASA1-AA1,341,4 118.43 (6) (b) 9. In the 2005-06 and 2006-07 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under sub. (2) (g); and in the 2007-08 school year and any subsequent school year, $2,250 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under sub. (2) (g). A grade is eligible for funding only if the school board has reduced class size in that grade to 15.".

SB40-ASA1-AA1,341,5 1715. Page 1239, line 5: delete lines 5 to 25.

SB40-ASA1-AA1,341,6 1716. Page 1240, line 1: delete lines 1 to 20.

SB40-ASA1-AA1,341,7 1717. Page 1240, line 20: after that line insert:

SB40-ASA1-AA1,341,8 " Section 2731d. 118.53 of the statutes is created to read:

SB40-ASA1-AA1,341,9 118.53 Racine County Parental Choice Program. (1) In this section:

SB40-ASA1-AA1,341,10 (a) "Membership" has the meaning given in s. 121.004 (5).

SB40-ASA1-AA1,341,12 (b) "Poverty line" means the federal poverty line as defined under 42 USC 9902 (2).

SB40-ASA1-AA1,341,13 (c) "Resident school board" means the school board of a resident school district.

SB40-ASA1-AA1,341,14 (d) "Resident school district" means the school district in which a pupil resides.

SB40-ASA1-AA1,341,16 (e) "Summer average daily membership equivalent" has the meaning given in s. 121.004 (8).

SB40-ASA1-AA1,341,22 (f) "Summer choice average daily membership equivalent" means the summer average daily membership equivalent of pupils who were attending a private school under this section on the 2nd Friday of January of the school term immediately preceding that summer or whose applications have been accepted under sub. (3) for attendance at the private school in the school term immediately following that summer.

SB40-ASA1-AA1,341,24 (g) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.

SB40-ASA1-AA1,342,3 (2) Beginning in the 2009-10 school year, any pupil in grades kindergarten to 12 who resides within Racine County may attend any private school located in the county if all of the following apply:

SB40-ASA1-AA1,342,7 (a) The private school notified the state superintendent of its intent to participate in the program under this section 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.

SB40-ASA1-AA1,342,8 (b) The private school complies with 42 USC 2000d.

SB40-ASA1-AA1,342,10 (c) The private school meets all health and safety laws or codes that apply to public schools.

SB40-ASA1-AA1,342,12 (d) All of the private school's teachers have graduated from high school or been granted a declaration of equivalency of high school graduation.

SB40-ASA1-AA1,342,18 (e) 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, 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 in which the private school participates in the program under this section.

SB40-ASA1-AA1,342,25 (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. The pupil or the pupil's parent or guardian shall submit with the application sufficient documentation, as determined by the state superintendent by rule, for the participating private school to verify family income and to determine payments to be made on behalf of the pupil under subs. (4) and (4m).

SB40-ASA1-AA1,343,5 (b) Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. 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.

SB40-ASA1-AA1,343,8 (c) If the private school rejects an applicant because it has too few available spaces, the pupil may transfer his or her application to a participating private school that has space available.

SB40-ASA1-AA1,343,10 (d) The pupil or the pupil's parent or guardian shall submit proof of the pupil's enrollment in the private school to the state superintendent prior to the school term.

SB40-ASA1-AA1,343,14 (4) (a) Annually, on or before October 15, a private school participating in the program under this section shall file with the department a report stating its summer average daily membership equivalent and its summer choice average daily membership equivalent for the purpose of sub. (4m).

SB40-ASA1-AA1,343,17 (b) Upon receipt of proof of enrollment under sub. (3) (d), the state superintendent shall pay to the parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the lesser of the following:

SB40-ASA1-AA1,343,19 1. The 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.

SB40-ASA1-AA1,343,25 2. a. If the pupil is a member of a family that has a total family income that is no more than 1.75 times the poverty line, $6,500 in the 2009-10 school year, and, in each subsequent school year, the amount paid per pupil under this subd. 2. a. in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.

SB40-ASA1-AA1,344,7 b. If the pupil is a member of a family that has a total family income that is more than 1.75 times the poverty line but no more than 2.25 times the poverty line, $5,000 in the 2009-10 school year, and, in each subsequent school year, the amount paid per pupil under this subd. 2. b. in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.

SB40-ASA1-AA1,344,14 c. If the pupil is a member of a family that has a total family income that is more than 2.25 times the poverty line but no more than 2.50 times the poverty line, $3,500 in the 2009-10 school year, and, in each subsequent school year, the amount paid per pupil under this subd. 2. c. in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.

SB40-ASA1-AA1,344,21 d. If the pupil is a member of a family that has a total family income that is more than 2.50 times the poverty line but no more than 2.75 times the poverty line, $2,000 in the 2009-10 school year, and, in each subsequent school year, the amount paid per pupil under this subd. 2. d. in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.

SB40-ASA1-AA1,345,2 e. If the pupil is a member of a family that has a total family income that is more than 2.75 times the poverty line, $1,000 in the 2009-10 school year, and, in each subsequent school year, the amount paid per pupil under this subd. 2. e. in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.

SB40-ASA1-AA1,345,8 (c) The state superintendent shall pay 25 percent of the total amount under par. (b) in September, 25 percent in November, 25 percent in February, and 25 percent in May. The state superintendent may include the entire amount under sub. (4m) in one of those installments or apportion the entire amount among one or more of those installments. The department shall send the check to the private school. The parent or guardian shall restrictively endorse the check for the use of the private school.

SB40-ASA1-AA1,345,14 (4m) 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 under this section, in the manner described in sub. (4) (c), an amount determined by multiplying 40 percent of the payment under sub. (4) 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).

SB40-ASA1-AA1,345,17 (5) The state superintendent shall ensure that pupils and parents and guardians of pupils who reside in Racine County are informed annually of the private schools participating in the program under this section.

SB40-ASA1-AA1,345,21 (6) The resident school board shall provide transportation to pupils of the resident school district attending a private school under this section if required under s. 121.54 and may claim transportation aid under s. 121.58 for pupils so transported.

SB40-ASA1-AA1,345,23 (7) (a) Each private school participating in the program under this section shall meet at least one of the following standards:

SB40-ASA1-AA1,345,25 1. At least 70 percent of the pupils in the program advance one grade level each year.

SB40-ASA1-AA1,346,2 2. The private school's average attendance rate for the pupils in the program is at least 90 percent.

SB40-ASA1-AA1,346,4 3. At least 80 percent of the pupils in the program demonstrate significant academic progress.

SB40-ASA1-AA1,346,6 4. At least 70 percent of the families of pupils in the program meet parent involvement criteria established by the private school.

SB40-ASA1-AA1,346,11 (am) Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department. Annually by September 1 following a school year in which a private school participated in the program under this section, the private school shall submit to the department all of the following:

SB40-ASA1-AA1,346,16 1. An independent financial audit of the private school conducted by a certified public accountant, accompanied by the auditor's statement that the audit 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).

SB40-ASA1-AA1,346,17 2. Evidence of sound fiscal practices, as prescribed by the department by rule.

SB40-ASA1-AA1,346,21 (c) A private school may not require a pupil attending the private school under this section to participate in any religious activity if the pupil's parent or guardian submits to the pupil's teacher or the private school's principal a written request that the pupil be exempt from such activities.

SB40-ASA1-AA1,346,25 (d) By August 1 before the first school term of participation in the program, or by May 1 if the private school begins participating in the program during summer school, each private school participating in the program under this section shall submit to the department all of the following:

SB40-ASA1-AA1,347,7 1. A copy of the school's current certificate of occupancy issued by the city, town, or village in 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, town, or village in 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.

SB40-ASA1-AA1,347,8 2. Evidence of financial viability, as prescribed by the department by rule.

SB40-ASA1-AA1,347,10 3. Proof that the private school's administrator has participated in a fiscal management training program approved by the department.

SB40-ASA1-AA1,347,15 (e) Annually, each private school participating in the program under this section shall administer a nationally normed standardized test in reading, mathematics, and science to pupils attending the school under the program in the 4th, 8th, and 10th grades. The private school may administer additional standardized tests to such pupils.

SB40-ASA1-AA1,347,20 (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.

SB40-ASA1-AA1,347,23 (9) If any accrediting agency specified under sub. (2) (e) determines during the accrediting 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.

SB40-ASA1-AA1,348,2 (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:

SB40-ASA1-AA1,348,3 1. Misrepresented information required under sub. (7) (d).

SB40-ASA1-AA1,348,5 2. Failed to provide the notice required under sub. (2) (a), or the information required under sub. (7) (am) or (d), by the date or within the period specified.

SB40-ASA1-AA1,348,7 3. Failed to refund to the state any overpayment made under sub. (4) (b) or (4m) by the date specified by department rule.

SB40-ASA1-AA1,348,9 4. Failed to meet at least one of the standards under sub. (7) (a) by the date specified by department rule.

SB40-ASA1-AA1,348,12 (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:

SB40-ASA1-AA1,348,14 1. The private school's application for accreditation has been denied by the accrediting organization.

SB40-ASA1-AA1,348,16 2. The private school has not achieved accreditation within the period allowed under sub. (2) (e).

SB40-ASA1-AA1,348,20 (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.

SB40-ASA1-AA1,348,23 (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.

SB40-ASA1-AA1,349,3 (d) The state superintendent may withhold payment from a parent or guardian under subs. (4) and (4m) if the private school attended by the child of the parent or guardian violates this section.

SB40-ASA1-AA1,349,5 (11) The department shall promulgate rules to implement and administer this section.".

SB40-ASA1-AA1,349,6 1718. Page 1240, line 20: after that line insert:

SB40-ASA1-AA1,349,7 " Section 2732L. 118.55 (7t) (a) of the statutes is amended to read:

SB40-ASA1-AA1,349,10 118.55 (7t) (a) A school board may establish a written policy limiting the number of credits for which the school board will pay under subs. (5) and (7r) (d) to the equivalent of 18 9 postsecondary semester credits per pupil.".

SB40-ASA1-AA1,349,11 1719. Page 1240, line 24: delete "115.445,".