AB75-SSA1, s. 2267 22Section 2267. 118.30 (1s) of the statutes is created to read:
AB75-SSA1,1237,2523 118.30 (1s) (a) Except as provided in par. (b), annually, the governing body of
24each private school participating in the program under s. 119.23 shall do all of the
25following:
AB75-SSA1,1238,3
11. Administer the 4th grade examination adopted or approved by the state
2superintendent under sub. (1) to all pupils attending the 4th grade in the private
3school under s. 119.23.
AB75-SSA1,1238,64 2. Administer the 8th grade examination adopted or approved by the state
5superintendent under sub. (1) to all pupils attending the 8th grade in the private
6school under s. 119.23.
AB75-SSA1,1238,97 3. Administer the 10th grade examination adopted or approved by the state
8superintendent under sub. (1) to all pupils attending the 10th grade in the private
9school under s. 119.23.
AB75-SSA1,1238,1210 4. Administer to pupils attending the private school under s. 119.23 all other
11examinations in reading, mathematics, and science that are required to be
12administered to public school pupils under 20 USC 6311 (b) (3).
AB75-SSA1,1238,2213 (b) If, before January 1, 2010, the state superintendent notifies in writing the
14cochairpersons of the joint committee on finance and the chairpersons of the
15appropriate standing committees in each house of the legislature that the
16department will not adopt or approve new examinations under sub. (1) to be
17administered to pupils under sub. (1m) in the 2011-12 school year, then, beginning
18in the 2010-11 school year and annually thereafter, the governing body of each
19private school participating in the program under s. 119.23 shall administer
20nationally normed standardized tests in reading, mathematics, and science to pupils
21attending the school under s. 119.23 in the 4th, 8th, and 10th grades instead of
22administering the examinations under par. (a).
AB75-SSA1, s. 2268 23Section 2268. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:
AB75-SSA1,1239,224 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under
25subch. V of ch. 115, the school board or, operator of the charter school under s. 118.40

1(2r), or governing body of the private school participating in the program under s.
2119.23
shall comply with s. 115.77 (1m) (bg).
AB75-SSA1,1239,93 2. According to criteria established by the state superintendent by rule, the
4school board or, operator of the charter school under s. 118.40 (2r), or governing body
5of the private school participating in the program under s. 119.23
may determine not
6to administer an examination under this section to a limited-English speaking
7pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or
8her native language or may modify the format and administration of an examination
9for such pupils.
AB75-SSA1, s. 2269 10Section 2269. 118.30 (2) (b) 5. of the statutes is created to read:
AB75-SSA1,1239,1311 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing
12body of a private school participating in the program under s. 119.23 shall excuse the
13pupil from taking an examination administered under sub. (1s) (a) 1. to 3.
AB75-SSA1, s. 2269f 14Section 2269f. 118.30 (7) of the statutes is created to read:
AB75-SSA1,1239,1815 118.30 (7) If a school board enters into an agreement with a federally recognized
16American Indian tribe or band in this state to establish a charter school, that school
17board shall administer the examinations under sub. (1m) regardless of the location
18of the charter school.
AB75-SSA1, s. 2270m 19Section 2270m. 118.33 (1) (f) 1. of the statutes is amended to read:
AB75-SSA1,1239,2520 118.33 (1) (f) 1. By September 1, 2004, each school board operating high school
21grades shall develop a written policy specifying criteria for granting a high school
22diploma that are in addition to the requirements under par. (a). The criteria shall
23include the pupil's academic performance, and the recommendations of teachers.
24Except as provided in subd. subds. 2. and 4., the criteria apply to pupils enrolled in
25charter schools located in the school district.
AB75-SSA1, s. 2271
1Section 2271. 118.33 (1) (f) 2m. of the statutes is created to read:
AB75-SSA1,1240,62 118.33 (1) (f) 2m. The governing body of each private school participating in the
3program under s. 119.23 shall develop a policy specifying criteria for granting a high
4school diploma to pupils attending the private school under s. 119.23. The criteria
5shall include the pupil's academic performance and the recommendations of
6teachers.
AB75-SSA1, s. 2272 7Section 2272. 118.33 (1) (f) 3. of the statutes is amended to read:
AB75-SSA1,1240,158 118.33 (1) (f) 3. Beginning on September 1, 2005, neither a school board nor an
9operator of a charter school under s. 118.40 (2r) may grant a high school diploma to
10any pupil unless the pupil has satisfied the criteria specified in the school board's or
11charter school's policy under subd. 1. or 2. Beginning on September 1, 2010, the
12governing body of a private school participating in the program under s. 119.23 may
13not grant a high school diploma to any pupil attending the private school under s.
14119.23 unless the pupil has satisfied the criteria specified in the governing body's
15policy under subd. 2m.
AB75-SSA1, s. 2272e 16Section 2272e. 118.33 (1) (f) 4. of the statutes is created to read:
AB75-SSA1,1240,2117 118.33 (1) (f) 4. If a school board enters into an agreement with a federally
18recognized American Indian tribe or band in this state to establish a charter school,
19the criteria specified in the policy developed by that school board under subd. 1. apply
20to pupils enrolled in the charter school, regardless of the location of the charter
21school.
AB75-SSA1, s. 2272m 22Section 2272m. 118.33 (6) (a) of the statutes is amended to read:
AB75-SSA1,1241,623 118.33 (6) (a) 1. Each school board shall adopt a written policy specifying the
24criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th
25grade to the 9th grade. The criteria shall include the pupil's score on the examination

1administered under s. 118.30 (1m) (a) or (am), unless the pupil has been excused from
2taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the
3recommendations of teachers, which shall be based solely on the pupil's academic
4performance; and any other academic criteria specified by the school board. Except
5as provided in par. (b) 1. and 3., the criteria apply to pupils enrolled in charter schools
6located in the school district.
AB75-SSA1,1241,137 2. Except as provided in par. (b) 2., beginning on September 1, 2002 and 3., a
8school board may not promote a 4th grade pupil enrolled in the school district,
9including a pupil enrolled in a charter school located in the school district, to the 5th
10grade, and may not promote an 8th grade pupil enrolled in the school district,
11including a pupil enrolled in a charter school located in the school district, to the 9th
12grade, unless the pupil satisfies the criteria for promotion specified in the school
13board's policy adopted under subd. 1.
AB75-SSA1, s. 2272s 14Section 2272s. 118.33 (6) (b) 3. of the statutes is created to read:
AB75-SSA1,1241,2015 118.33 (6) (b) 3. If a school board enters into an agreement with a federally
16recognized American Indian tribe or band in this state to establish a charter school,
17the criteria specified in the policy adopted by that school board under par. (a) 1. apply
18to pupils enrolled in the charter school and that school board is subject to the
19prohibitions in par. (a) 2. with respect to pupils enrolled in the charter school,
20regardless of the location of the charter school.
AB75-SSA1, s. 2273 21Section 2273. 118.33 (6) (c) of the statutes is created to read:
AB75-SSA1,1242,522 118.33 (6) (c) 1. The governing body of each private school participating in the
23program under s. 119.23 shall adopt a written policy specifying criteria for promoting
24a pupil who is attending the private school under s. 119.23 from the 4th grade to the
255th grade and from the 8th grade to the 9th grade. The criteria shall include the

1pupil's score on the examination administered under s. 118.30 (1s) (a) 1. or 2., unless
2the pupil has been excused from taking the examination under s. 118.30 (2) (b); the
3pupil's academic performance; the recommendations of teachers, which shall be
4based solely on the pupil's academic performance; and any other academic criteria
5specified by the governing body of the private school.
AB75-SSA1,1242,116 2. Beginning on September 1, 2010, the governing body of a private school
7participating in the program under s. 119.23 may not promote a 4th grade pupil who
8is attending the private school under s. 119.23 to the 5th grade, and may not promote
9an 8th grade pupil who is attending the private school under s. 119.23 to the 9th
10grade, unless the pupil satisfies the criteria for promotion specified in the governing
11body's policy under subd. 1.
AB75-SSA1, s. 2273b 12Section 2273b. 118.40 (2r) (e) 1. of the statutes is amended to read:
AB75-SSA1,1242,2213 118.40 (2r) (e) 1. From the appropriation under s. 20.255 (2) (fm), the
14department shall pay to the operator of the charter school an amount equal to the
15sum of the amount paid per pupil under this subdivision in the previous school year
16and the increase in the per pupil amount paid to private schools under s. 119.23 (4)
17(b) 2. or (bg) in the current school year as compared to the previous school year,
18multiplied by the number of pupils attending the charter school. The amount paid
19per pupil may not be less than the amount paid per pupil under this subdivision in
20the previous school year. The department shall pay 25% of the total amount in
21September, 25% in December, 25% in February, and 25% in June. The department
22shall send the check to the operator of the charter school.
AB75-SSA1, s. 2273d 23Section 2273d. 118.40 (3) (c) 1. of the statutes is renumbered 118.40 (3) (c) 1.
24(intro.) and amended to read:
AB75-SSA1,1243,3
1118.40 (3) (c) 1. (intro.) A school board may not enter into a contract for the
2establishment of a charter school located outside the school district, except that if as
3follows:
AB75-SSA1,1243,6 4a. If 2 or more school boards enter into an agreement under s. 66.0301 to
5establish a charter school, the charter school shall be located within one of the school
6districts, and if.
AB75-SSA1,1243,10 7b. If one or more school boards enter into an agreement with the board of control
8of a cooperative educational service agency to establish a charter school, the charter
9school shall be located within the boundaries of the cooperative educational service
10agency. This subdivision
AB75-SSA1,1243,12 111m. Subdivision 1. does not apply to the establishment of a virtual charter
12school.
AB75-SSA1, s. 2273h 13Section 2273h. 118.40 (3) (c) 1. c. of the statutes is created to read:
AB75-SSA1,1243,1714 118.40 (3) (c) 1. c. If a school board enters into an agreement with a federally
15recognized American Indian tribe or band in this state to establish a charter school,
16the charter school shall be located within the school district or within the boundaries
17of the tribe's or band's reservation.
AB75-SSA1, s. 2273p 18Section 2273p. 118.40 (7) (am) 4. of the statutes is created to read:
AB75-SSA1,1243,2319 118.40 (7) (am) 4. If a school board enters into an agreement with a federally
20recognized American Indian tribe or band in this state to establish a charter school
21under sub. (3) (c) 1. c., that school board shall determine whether the charter school
22is an instrumentality of the school district regardless of the location of the charter
23school.
AB75-SSA1, s. 2273t 24Section 2273t. 118.40 (7) (ar) of the statutes is amended to read:
AB75-SSA1,1244,3
1118.40 (7) (ar) Nothing in this subsection affects the rights of personnel of a
2charter school that is an instrumentality of the a school district in which it is located
3to engage in collective bargaining pursuant to subch. IV of ch. 111.
AB75-SSA1, s. 2276m 4Section 2276m. 119.04 (1) of the statutes is amended to read:
AB75-SSA1,1244,135 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
666.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
7115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.445, 115.45, 118.001 to 118.04,
8118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15,
9118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c)
10to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52,
11118.55, 120.12 (5) and (15) to (26) (25), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17)
12to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are
13applicable to a 1st class city school district and board.
AB75-SSA1, s. 2276v 14Section 2276v. 119.23 (1) (a) of the statutes is renumbered 119.23 (1) (ah).
AB75-SSA1, s. 2276w 15Section 2276w. 119.23 (1) (ae) of the statutes is created to read:
AB75-SSA1,1244,1816 119.23 (1) (ae) "Administrator" means the superintendent, supervising
17principal, executive director, or other person who acts as the administrative head of
18a private school participating in the program under this section.
AB75-SSA1, s. 2276y 19Section 2276y. 119.23 (1) (am) of the statutes is created to read:
AB75-SSA1,1244,2420 119.23 (1) (am) "Preaccreditation" means the review and approval of an
21educational plan. Review of an education plan includes consideration of whether the
22school submitting the plan meets the requirements under s. 118.165 (1). The fact
23that a private school has obtained preaccreditation does not require an accreditation
24organization to accredit the private school.
AB75-SSA1, s. 2277 25Section 2277. 119.23 (1) (as) of the statutes is created to read:
AB75-SSA1,1244,26
1119.23 (1) (as) "Progress records" has the meaning given in s. 118.125 (1) (c).
AB75-SSA1, s. 2278 2Section 2278. 119.23 (2) (a) 3. of the statutes is amended to read:
AB75-SSA1,1245,103 119.23 (2) (a) 3. The private school notified the state superintendent of its
4intent to participate in the program under this section, and paid a nonrefundable fee
5set by the department,
by February 1 of the previous school year. The notice shall
6specify the number of pupils participating in the program under this section for
7which the school has space. The department shall by rule set the fee charged under
8this subdivision at an amount such that the total fee revenue covers the costs of
9employing one full-time auditor to evaluate the financial information submitted by
10the private schools under sub. (7) (am) and (d) 2. and 3.
AB75-SSA1, s. 2279 11Section 2279. 119.23 (2) (a) 6. of the statutes is renumbered 119.23 (2) (a) 6.
12a. and amended to read:
AB75-SSA1,1245,1613 119.23 (2) (a) 6. a. All Except as provided in subd. 6. c., all of the private school's
14teachers have graduated from high school or been granted a declaration of
15equivalency of high school graduation
a bachelor's degree from an accredited
16institution of higher education
.
AB75-SSA1, s. 2279d 17Section 2279d. 119.23 (2) (a) 6. b. and c. of the statutes are created to read:
AB75-SSA1,1245,1918 119.23 (2) (a) 6. b. All of the private school's administrators have at least a
19bachelor's degree from an accredited institution of higher education.
AB75-SSA1,1246,620 c. Any teacher employed by the private school on July 1, 2010, who has been
21teaching for at least the 5 consecutive years immediately preceding July 1, 2010, and
22who does not satisfy the requirements under subd. 6. a. on July 1, 2010, applies to
23the department on a form prepared by the department for a temporary,
24nonrenewable waiver from the requirements under subd. 6. a. The department shall
25promulgate rules to implement this subd. 6. c., including the form of the application

1and the process by which the waiver application will be reviewed. The application
2form shall require the applicant to submit a plan for satisfying the requirements
3under subd. 6. a., including the name of the accredited institution of higher education
4at which the teacher is pursuing or will pursue the bachelor's degree and the
5anticipated date on which the teacher expects to complete the bachelor's degree. No
6waiver granted under this subd. 6. c. is valid after July 31, 2015.
AB75-SSA1, s. 2280b 7Section 2280b. 119.23 (2) (a) 7. of the statutes is renumbered 119.23 (2) (a) 7.
8a. and amended to read:
AB75-SSA1,1246,239 119.23 (2) (a) 7. a. The Subject to subd. 7. c., for a private school participating
10in the program under this section on the effective date of this subd. 7. a. .... [LRB
11inserts date], the
private school achieves accreditation by the Wisconsin North
12Central Association, the Wisconsin Religious and Independent Schools
13Accreditation, the Independent Schools Association of the Central States, the
14Archdiocese of Milwaukee, the Institute for the Transformation of Learning at
15Marquette University,
or any other organization recognized by the National Council
16for Private School Accreditation, by December 31 of the 3rd school year following the
17first school year that begins after June 30, 2006, in which it participates in the
18program under this section, or the private school was approved for scholarship
19funding for the 2005-06 school year by Partners Advancing Values in Education. If
20the private school is accredited as provided under this subd. 7. a., the private school
21is not required to obtain preaccreditation from the Institute for the Transformation
22of Learning at Marquette University under subd. 7. b. as a prerequisite to providing
23instruction under this section in additional grades or in an additional or new school.
AB75-SSA1, s. 2280c 24Section 2280c. 119.23 (2) (a) 7. b. of the statutes is created to read:
AB75-SSA1,1247,18
1119.23 (2) (a) 7. b. Subject to subd. 7. c., for a private school that is not
2participating in the program under this section on the effective date of this subd. 7.
3b. .... [LRB inserts date], and that is not accredited as provided under subd. 7. a., the
4private school obtains preaccreditation from the Institute for the Transformation of
5Learning at Marquette University by August 1 before the first school term of
6participation in the program under this section that begins after the effective date
7of this subd. 7. b. .... [LRB inserts date], or by May 1 if the private school begins
8participating in the program during summer school, and achieves accreditation by
9the Wisconsin North Central Association, the Wisconsin Religious and Independent
10Schools Accreditation, the Independent Schools Association of the Central States,
11the Archdiocese of Milwaukee, or any other organization recognized by the National
12Council for Private School Accreditation, by December 31 of the 3rd school year
13following the first school year that begins after the effective date of this subd. 7. b.
14.... [LRB inserts date], in which it participates in the program under this section. If
15the private school is accredited under this subd. 7. b., the private school is not
16required to obtain preaccreditation from the Institute for the Transformation of
17Learning at Marquette University as a prerequisite to providing instruction under
18this section in additional grades or in an additional or new school.
AB75-SSA1, s. 2280d 19Section 2280d. 119.23 (2) (a) 7. c. of the statutes is created to read:
AB75-SSA1,1248,320 119.23 (2) (a) 7. c. On or after the effective date of this subd. 7. c. .... [LRB inserts
21date], a private school participating or seeking to participate in the program under
22this section may not apply for accreditation by the Institute for the Transformation
23of Learning at Marquette University, except that a private school that has applied
24for accreditation to the Institute for the Transformation of Learning at Marquette
25University before the effective date of this subd. 7. c. .... [LRB inserts date], may

1complete the accreditation process with the Institute for the Transformation of
2Learning at Marquette University, and may seek renewal of accreditation from the
3Institute for the Transformation of Learning at Marquette University.
AB75-SSA1, s. 2281 4Section 2281. 119.23 (2) (a) 8. of the statutes is created to read:
AB75-SSA1,1248,95 119.23 (2) (a) 8. Notwithstanding s. 118.165 (1) (c), the private school annually
6provides at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least
71,137 hours of direct pupil instruction in grades 7 to 12. Hours provided under this
8subdivision include recess and time for pupils to transfer between classes but do not
9include the lunch periods.
AB75-SSA1, s. 2282 10Section 2282. 119.23 (2) (b) of the statutes is renumbered 119.23 (2) (b) (intro.)
11and amended to read:
AB75-SSA1,1248,2212 119.23 (2) (b) (intro.) No more than 22,500 pupils, as counted under s. 121.004
13(7), may attend private schools under this section. Whenever the state
14superintendent determines that the limit is reached, he or she shall issue an order
15prohibiting the participating private schools from accepting additional pupils until
16he or she determines that the number of pupils attending private schools under this
17section has fallen below the limit. If the number of pupils attending private schools
18under this section falls below the limit under this paragraph, the state
19superintendent shall issue an order notifying participating private schools that they
20may begin accepting additional pupils, and, notwithstanding sub. (3) (a),
21participating private schools that wish to accept additional pupils under this section
22shall accept pupils as follows:
AB75-SSA1, s. 2283 23Section 2283. 119.23 (2) (b) 1. of the statutes is created to read:
AB75-SSA1,1248,2524 119.23 (2) (b) 1. The private school shall give first priority to pupils who are
25attending a private school under this section.
AB75-SSA1, s. 2284
1Section 2284. 119.23 (2) (b) 2. of the statutes is created to read:
AB75-SSA1,1249,32 119.23 (2) (b) 2. The private school shall give 2nd priority to the siblings of
3pupils who are attending a private school under this section.
AB75-SSA1, s. 2285 4Section 2285. 119.23 (2) (b) 3. of the statutes is created to read:
AB75-SSA1,1249,65 119.23 (2) (b) 3. The private school shall give 3rd priority to pupils selected at
6random under a procedure established by the department by rule.
AB75-SSA1, s. 2285b 7Section 2285b. 119.23 (2) (c) of the statutes is created to read:
AB75-SSA1,1249,108 119.23 (2) (c) 1. Notwithstanding par. (a) 6., a teacher employed by a private
9school participating in the program under this section who teaches only courses in
10rabbinical studies is not required to have a bachelor's degree.
AB75-SSA1,1249,1311 2. Notwithstanding par. (a) 6., an administrator of a private school
12participating in the program under this section that prepares and trains pupils
13attending the school in rabbinical studies is not required to have a bachelor's degree.
AB75-SSA1, s. 2285c 14Section 2285c. 119.23 (3) (a) of the statutes is amended to read:
AB75-SSA1,1249,2415 119.23 (3) (a) The pupil or the pupil's parent or guardian shall submit an
16application, on a form provided by the state superintendent, to the participating
17private school that the pupil wishes to attend. Within 60 days after receiving the
18application, the private school shall notify the applicant, in writing, whether the
19application has been accepted. If the private school rejects an application, the notice
20shall include the reason. A private school may reject an applicant only if it has
21reached its maximum general capacity or seating capacity.
The state superintendent
22shall ensure that the private school determines which pupils to accept on a random
23basis, except that the private school may give preference in accepting applications
24to siblings of pupils accepted on a random basis.
AB75-SSA1, s. 2285d 25Section 2285d. 119.23 (4) (b) (intro.) of the statutes is amended to read:
AB75-SSA1,1250,5
1119.23 (4) (b) (intro.) Upon Except as provided in par. (bg), upon receipt from
2the pupil's parent or guardian of proof of the pupil's enrollment in the private school
3during a school term, the state superintendent shall pay to the parent or guardian,
4from the appropriation under s. 20.255 (2) (fu), an amount equal to the lesser of the
5following:
AB75-SSA1, s. 2285h 6Section 2285h. 119.23 (4) (b) 2. of the statutes is amended to read:
AB75-SSA1,1250,117 119.23 (4) (b) 2. The amount paid per pupil under this paragraph subsection
8in the previous school year multiplied by the sum of 1.0 plus the percentage change
9from the previous school year to the current school year in the total amount
10appropriated under s. 20.255 (2) (ac) and (p) expressed as a decimal, but not less than
11zero.
AB75-SSA1, s. 2285p 12Section 2285p. 119.23 (4) (bg) of the statutes is created to read:
AB75-SSA1,1250,1813 119.23 (4) (bg) In the 2009-10 and 2010-11 school years, upon receipt from the
14pupil's parent or guardian of proof of the pupil's enrollment in the private school
15during a school term, the state superintendent shall pay to the parent or guardian,
16from the appropriation under s. 20.255 (2) (fu), an amount equal to the private
17school's operating and debt service cost per pupil that is related to educational
18programming, as determined by the department, or $6,442, whichever is less.
AB75-SSA1, s. 2285s 19Section 2285s. 119.23 (4) (c) of the statutes is amended to read:
AB75-SSA1,1251,220 119.23 (4) (c) The state superintendent shall pay 25% of the total amount under
21par. (b) this subsection in September, 25% in November, 25% in February and 25%
22in May. The state superintendent may include the entire amount under sub. (4m)
23in one of those installments or apportion the entire amount among one or more of
24those installments. The Except as provided in sub. (4r), the department shall send

1the check to the private school. The Except as provided in sub. (4r), the parent or
2guardian shall restrictively endorse the check for the use of the private school.
AB75-SSA1, s. 2285x 3Section 2285x. 119.23 (4r) of the statutes is created to read:
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