AB40-ASA1, s. 2501 23Section 2501. 118.40 (2r) (e) 1. c. of the statutes is renumbered 118.40 (2r) (e)
243m. and amended to read:
AB40-ASA1,1002,5
1118.40 (2r) (e) 3m. The amount paid per pupil under this subdivision
2paragraph may not be less than the amount paid per pupil under this subdivision
3paragraph in the previous school year. The department shall pay 25% of the total
4amount in September, 25% in December, 25% in February, and 25% in June. The
5department shall send the check to the operator of the charter school.
AB40-ASA1, s. 2502m 6Section 2502m. 118.40 (2r) (e) 2. of the statutes is renumbered 118.40 (2r) (e)
74. and amended to read:
AB40-ASA1,1002,178 118.40 (2r) (e) 4. If the chancellor of the University of Wisconsin-Parkside
9establishes or contracts for the establishment of a charter school under this
10subsection, in March the department shall pay to the unified school district in which
11the charter school is located, from the appropriation under s. 20.255 (2) (fm), an
12amount equal to the amount of school aid per pupil to which the unified school district
13is eligible in the current school year multiplied by the number of pupils attending the
14charter school who were previously enrolled in the unified school district, except that
15the payment may not exceed $1,000,000 in the 2011-12 school year and may not
16exceed $750,000 in the 2012-13 school year. No aid may be paid under this
17subdivision after the 2012-13 school year
.
AB40-ASA1, s. 2503 18Section 2503. 118.40 (2r) (f) of the statutes is repealed.
AB40-ASA1, s. 2507 19Section 2507. 118.40 (8) (h) of the statutes is repealed.
AB40-ASA1, s. 2507b 20Section 2507b. 118.43 (2) (b) 2. of the statutes is amended to read:
AB40-ASA1,1002,2221 118.43 (2) (b) 2. The school board is not receiving a grant under the preschool
22to grade 5 program on behalf of the school under s. 115.45, 2009 stats.
AB40-ASA1, s. 2507e 23Section 2507e. 118.43 (2) (bg) 2. of the statutes is amended to read:
AB40-ASA1,1002,2524 118.43 (2) (bg) 2. The school board is not receiving a grant under the preschool
25to grade 5 program on behalf of the school under s. 115.45, 2009 stats.
AB40-ASA1, s. 2507h
1Section 2507h. 118.43 (2) (br) 2. of the statutes is amended to read:
AB40-ASA1,1003,32 118.43 (2) (br) 2. The school board is not receiving a grant under the preschool
3to grade 5 program on behalf of any of the schools under s. 115.45 , 2009 stats.
AB40-ASA1, s. 2507j 4Section 2507j. 118.43 (2) (bt) 2. of the statutes is amended to read:
AB40-ASA1,1003,65 118.43 (2) (bt) 2. The school board is not receiving a grant under the preschool
6to grade 5 program on behalf of any of the schools under s. 115.45 , 2009 stats.
AB40-ASA1, s. 2507L 7Section 2507L. 118.43 (2) (bv) of the statutes is created to read:
AB40-ASA1,1003,128 118.43 (2) (bv) In the 2011-12 school year, the school board of an eligible school
9district may enter into a 5-year achievement guarantee contract with the
10department on behalf of one or more schools in the school district if, in the 2010-11
11school year, the school board received a grant under the preschool to grade 5 program
12on behalf of the schools under s. 115.45, 2009 stats.
AB40-ASA1, s. 2507n 13Section 2507n. 118.43 (2) (g) of the statutes is amended to read:
AB40-ASA1,1003,2014 118.43 (2) (g) The department may renew an achievement guarantee contract
15under pars. (b), (bg), (br), and (bt), and (bv) for one or more terms of 5 school years.
16Except as provided in sub. (3m), as a condition of receiving payments under a
17renewal of an achievement guarantee contract, a school board shall maintain the
18reduction of class size achieved during the last school year of the original
19achievement guarantee contract for the grades specified for the last school year of the
20contract.
AB40-ASA1, s. 2507p 21Section 2507p. 118.43 (3) (intro.) of the statutes is amended to read:
AB40-ASA1,1003,2422 118.43 (3) Contract requirements. (intro.) Except as provided in pars. (am),
23(ar), and (at), and (av), an achievement guarantee contract shall require the school
24board to do all of the following in each participating school:
AB40-ASA1, s. 2507r 25Section 2507r. 118.43 (3) (av) of the statutes is created to read:
AB40-ASA1,1004,2
1118.43 (3) (av) Class size; additional contracts. For contracts that begin in the
22011-12 school year, reduce each class size to 18 in the following manner:
AB40-ASA1,1004,33 1. In the 2011-12 school year, in at least grades kindergarten and one.
AB40-ASA1,1004,44 2. In the 2012-13 school year, in at least grades kindergarten to 2.
AB40-ASA1,1004,65 3. In the 2013-14 to 2015-16 school years, in at least grades kindergarten to
63.
AB40-ASA1, s. 2507u 7Section 2507u. 118.43 (3m) (b) of the statutes is amended to read:
AB40-ASA1,1004,128 118.43 (3m) (b) A school board operating under an achievement guarantee
9contract entered into under sub. (3) (at) or (av) may combine 2 classes subject to the
10class size limitation in any school covered by the contract having at least 2 regular
11classroom teachers when the classes are combined if the combined class size is not
12greater than 30.
AB40-ASA1, s. 2507y 13Section 2507y. 118.43 (6) (b) 10. of the statutes is amended to read:
AB40-ASA1,1004,1714 118.43 (6) (b) 10. In the 2010-11 school year and any subsequent school year,
15$2,250 multiplied by the number of low-income pupils enrolled in grades eligible for
16funding in each school in the school district covered by contracts under sub. (3) (at)
17and (av) and by renewals of contracts under sub. (2) (g).
AB40-ASA1, s. 2513b 18Section 2513b. 118.51 (3) (a) 6. of the statutes is amended to read:
AB40-ASA1,1004,2419 118.51 (3) (a) 6. If an application is accepted, on or before the first Friday
20following the first Monday in June following receipt of a notice of acceptance, or
21within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting
22list under s. 118.40 (8) (h) 5.,
the pupil's parent shall notify the nonresident school
23board of the pupil's intent to attend school in that school district in the following
24school year.
AB40-ASA1, s. 2514 25Section 2514. 118.51 (3) (a) 7. of the statutes is repealed.
AB40-ASA1, s. 2515
1Section 2515. 118.51 (3) (b) of the statutes is amended to read:
AB40-ASA1,1005,82 118.51 (3) (b) Notice to resident school district. Annually by June 30, each
3nonresident school board that has accepted a pupil under this section for attendance
4in the following school year shall report the name of the pupil to the pupil's resident
5school board. If a pupil is selected from a waiting list under s. 118.40 (8) (h) 5., the
6nonresident school board shall report the name of the pupil to the pupil's resident
7school board within 10 days of receiving notice of the pupil's selection from the
8department.
AB40-ASA1, s. 2532m 9Section 2532m. 118.60 of the statutes is created to read:
AB40-ASA1,1005,10 10118.60 Racine parental choice program. (1) Definitions. In this section:
AB40-ASA1,1005,1311 (a) "Administrator" means the superintendent, supervising principal,
12executive director, or other person who acts as the administrative head of a private
13school participating in the program under this section.
AB40-ASA1,1005,1414 (b) "Membership" has the meaning given in s. 121.004 (5).
AB40-ASA1,1005,1915 (c) "Preaccreditation" means the review and approval of an educational plan.
16Review of an education plan includes consideration of whether the school submitting
17the plan meets the requirements under s. 118.165 (1). The fact that a private school
18has obtained preaccreditation does not require an accreditation organization to
19accredit the private school.
AB40-ASA1,1005,2020 (d) "Progress records" has the meaning given in s. 118.125 (1) (c).
AB40-ASA1,1005,2221 (e) "Summer average daily membership equivalent" has the meaning given in
22s. 121.004 (8).
AB40-ASA1,1006,323 (f) "Summer choice average daily membership equivalent" means the summer
24average daily membership equivalent of pupils who were attending a private school
25under this section on the 2nd Friday of January of the school term immediately

1preceding that summer or whose applications have been accepted under sub. (3) for
2attendance at the private school in the school term immediately following that
3summer.
AB40-ASA1,1006,54 (g) "Teacher" means a person who has primary responsibility for the academic
5instruction of pupils.
AB40-ASA1,1006,8 6(2) (a) Subject to par. (b), any pupil in grades kindergarten to 12 who resides
7within the Racine Unified School District may attend, at no charge, any private
8school if all of the following apply:
AB40-ASA1,1006,169 1. a. The pupil is a member of a family that has a total family income that does
10not exceed an amount equal to 3.0 times the poverty level determined in accordance
11with criteria established by the director of the federal office of management and
12budget. In this subdivision and sub. (3m), family income includes income of the
13pupil's parents or legal guardians. The family income of the pupil shall be
14determined as provided in subd. 1. b. A pupil attending a private school under this
15section whose family income increases may continue to attend a private school under
16this section.
AB40-ASA1,1007,717 b. The private school submits to the department of revenue the names,
18addresses, social security numbers, and other state and federal tax identification
19numbers, if any, of the pupil's parents or legal guardians. The department of revenue
20shall review the information submitted under this subd. 1. b. and shall determine
21whether the pupil is eligible to participate in the program under this section on the
22basis of family income. Family income for a family in which the pupil's parents are
23married or in which the pupil's legal guardians are married shall be reduced by
24$7,000 before the determination is made under this subd. 1. b. The department of
25revenue may take no other action on the basis of the information submitted under

1this subd. 1. b. The department of public instruction may not request any additional
2verification of income from the family of a pupil once the department of revenue has
3determined whether the pupil is eligible to participate in the program under this
4section on the basis of family income. The department of public instruction shall
5establish a procedure for determining family income eligibility for those pupils for
6whom no social security number or state or federal tax identification number has
7been provided.
AB40-ASA1,1007,88 2. The pupil satisfies one or more of the following:
AB40-ASA1,1007,109 a. The pupil was enrolled in a public school in the Racine Unified School
10District in the previous school year.
AB40-ASA1,1007,1111 b. The pupil was not enrolled in school in the previous school year.
AB40-ASA1,1007,1312 c. The pupil attended a private school under this section in the previous school
13year.
AB40-ASA1,1007,1514 d. The pupil is applying to attend kindergarten, first grade, or 9th grade in a
15private school participating in the program under this section.
AB40-ASA1,1007,2016 3. a. Except as provided in subd. 3. b., the private school notified the state
17superintendent of its intent to participate in the program under this section, and
18paid the nonrefundable fee set by the department as required under s. 119.23 (2) (a)
193., by February 1 of the previous school year. The notice shall specify the number of
20pupils participating in the program under this section for which the school has space.
AB40-ASA1,1008,221 b. For a private school that intends to participate in the program under this
22section in the 2011-12 school year, the private school notified the state
23superintendent of its intent to participate, and paid the nonrefundable fee set by the
24department under subd. 3. a. by August 1, 2011. The notice shall specify the number

1of pupils participating in the program under this section for which the school has
2space.
AB40-ASA1,1008,334. The private school complies with 42 USC 2000d.
AB40-ASA1,1008,54 5. The private school meets all health and safety laws or codes that apply to
5public schools.
AB40-ASA1,1008,76 6. a. Except as provided in subd. 6. c., all of the private school's teachers have
7a bachelor's degree from an accredited institution of higher education.
AB40-ASA1,1008,98 b. All of the private school's administrators have at least a bachelor's degree
9from an accredited institution of higher education.
AB40-ASA1,1008,2110 c. Any teacher employed by the private school on July 1, 2011, who has been
11teaching for at least the 5 consecutive years immediately preceding July 1, 2011, and
12who does not satisfy the requirements under subd. 6. a. on July 1, 2011, applies to
13the department on a form prepared by the department for a temporary,
14nonrenewable waiver from the requirements under subd. 6. a. The department shall
15promulgate rules to implement this subd. 6. c., including the form of the application
16and the process by which the waiver application will be reviewed. The application
17form shall require the applicant to submit a plan for satisfying the requirements
18under subd. 6. a., including the name of the accredited institution of higher education
19at which the teacher is pursuing or will pursue the bachelor's degree and the
20anticipated date on which the teacher expects to complete the bachelor's degree. No
21waiver granted under this subd. 6. c. is valid after July 31, 2016.
AB40-ASA1,1009,2122 7. For a private school that is a first-time participant in the program under this
23section, and that is not accredited by the Wisconsin North Central Association, the
24Wisconsin Religious and Independent School Accreditation, the Independent
25Schools Association of the Central States, the archdiocese within which the private

1school is located, or by any other organization recognized by the National Council for
2Private Schools Accreditation, the private school obtains preaccreditation by the
3Institute for the Transformation of Learning at Marquette University, the Wisconsin
4North Central Association, the Wisconsin Religious and Independent Schools
5Accreditation, the Independent Schools Association of the Central States, the
6archdiocese within which the private school is located, or any other organization
7recognized by the National Council for Private School Accreditation by September
81 before the first school term of participation in the program under this section that
9begins after August 31, 2011; by August 1 before the first school term of participation
10in the program under this section that begins after August 31, 2012; or by May 1 if
11the private school begins participation in the program under this section during
12summer school. The private school shall achieve accreditation by the Wisconsin
13North Central Association, the Wisconsin Religious and Independent Schools
14Accreditation, the Independent Schools Association of the Central States, the
15archdiocese within which the private school is located, or any other organization
16recognized by the National Council for Private School Accreditation, by December 31
17of the 3rd school year following the first school year in which the private school begins
18participation in the program under this section. If the private school is accredited
19under this subdivision, the private school is not required to obtain preaccreditation
20as a prerequisite to providing instruction under this section in additional grades or
21in an additional or new school.
AB40-ASA1,1010,222 8. Notwithstanding s. 118.165 (1) (c), the private school annually provides at
23least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours
24of direct pupil instruction in grades 7 to 12. Hours provided under this subdivision

1include recess and time for pupils to transfer between classes but do not include the
2lunch periods.
AB40-ASA1,1010,63 (b) 1. In the 2011-12 school year, no more than 250 pupils, as counted under
4s. 121.004 (7), may attend private schools under this section. Priority shall be given
5to pupils who were eligible for a free or reduced-price lunch in the federal school
6lunch program under 42 USC 1758 (b) in the 2010-11 school year.
AB40-ASA1,1010,97 2. In the 2012-13 school year, no more than 500 pupils, as counted under s.
8121.004 (7), may attend private schools under this section. Priority shall be given
9to pupils who attended a private school under this section in the 2011-12 school year.
AB40-ASA1,1010,1810 3. Whenever the state superintendent determines that the limit is reached
11under subd. 1. or 2., he or she shall issue an order prohibiting the participating
12private schools from accepting additional pupils until he or she determines that the
13number of pupils attending private schools under this section has fallen below the
14limit. If the number of pupils attending private schools under this section falls below
15the limit under this paragraph, the state superintendent shall issue an order
16notifying participating private schools that they may begin accepting additional
17pupils, and, notwithstanding sub. (3) (a), participating private schools that wish to
18accept additional pupils under this section shall accept pupils as follows:
AB40-ASA1,1010,2019 a. The private school shall give first priority to pupils who are attending a
20private school under this section.
AB40-ASA1,1010,2221 b. The private school shall give 2nd priority to the siblings of pupils who are
22attending a private school under this section.
AB40-ASA1,1010,2423 c. The private school shall give 3rd priority to pupils selected at random under
24a procedure established by the department by rule.
AB40-ASA1,1011,3
1(c) 1. Notwithstanding par. (a) 6., a teacher employed by a private school
2participating in the program under this section who teaches only courses in
3rabbinical studies is not required to have a bachelor's degree.
AB40-ASA1,1011,64 2. Notwithstanding par. (a) 6., an administrator of a private school
5participating in the program under this section that prepares and trains pupils
6attending the school in rabbinical studies is not required to have a bachelor's degree.
AB40-ASA1,1011,17 7(3) (a) The pupil or the pupil's parent or guardian shall submit an application,
8on a form provided by the state superintendent, to the participating private school
9that the pupil wishes to attend. If more than one pupil from the same family applies
10to attend the same private school, the pupils may use a single application. Within
1160 days after receiving the application, the private school shall notify each applicant,
12in writing, whether his or her application has been accepted. If the private school
13rejects an application, the notice shall include the reason. A private school may reject
14an applicant only if it has reached its maximum general capacity or seating capacity.
15The state superintendent shall ensure that the private school determines which
16pupils to accept on a random basis, except that the private school may give preference
17in accepting applications to siblings of pupils accepted on a random basis.
AB40-ASA1,1011,2018 (b) If the private school rejects an applicant because it has too few available
19spaces, the pupil may transfer his or her application to a participating private school
20that has space available.
AB40-ASA1,1011,24 21(3m) (a) A private school participating in the program under this section may
22not charge or receive any additional payment for a pupil participating in the program
23under this section other than the payment the school receives under sub. (4) and, if
24applicable, sub. (4m), if either of the following applies:
AB40-ASA1,1011,2525 1. The pupil is enrolled in a grade from kindergarten to 8.
AB40-ASA1,1012,4
12. The pupil is enrolled in a grade from 9 to 12 and the family income of the
2pupil, as determined under sub. (2) (a) 1., does not exceed an amount equal to 2.2
3times the poverty level determined in accordance with criteria established by the
4director of the federal office of management and budget.
AB40-ASA1,1012,85 (b) A private school participating in the program under this section may, in
6addition to the payment it receives for a pupil under sub. (4) and, if applicable, sub.
7(4m), charge the pupil tuition and fees in an amount determined by the school if both
8of the following apply:
AB40-ASA1,1012,99 1. The pupil is enrolled in a grade from 9 to 12.
AB40-ASA1,1012,1210 2. The family income of the pupil, as determined under sub. (2) (a) 1., exceeds
11an amount equal to 2.2 times the poverty level determined in accordance with
12criteria established by the director of the federal office of management and budget.
AB40-ASA1,1012,1713 (c) A private school participating in the program under this section shall
14determine whether the private school may charge additional tuition and fees to a
15pupil on the basis of the pupil's family income as permitted under par. (b). The
16private school shall establish a process for accepting an appeal to the governing body
17of the private school of the determination made under this paragraph.
AB40-ASA1,1012,21 18(4) (a) Annually, on or before October 15, a private school participating in the
19program under this section shall file with the department a report stating its
20summer average daily membership equivalent and its summer choice average daily
21membership equivalent for the purpose of sub. (4m).
AB40-ASA1,1013,222 (b) Except as provided in par. (bg), upon receipt from the pupil's parent or
23guardian of proof of the pupil's enrollment in the private school during a school term,
24the state superintendent shall pay to the private school in which the pupil is enrolled

1on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255
2(2) (fr), an amount equal to the lesser of the following:
AB40-ASA1,1013,43 1. The amount equal to the private school's operating and debt service cost per
4pupil that is related to educational programming, as determined by the department.
AB40-ASA1,1013,85 2. The amount paid per pupil under this subsection in the previous school year
6multiplied by the sum of 1.0 plus the percentage change from the previous school
7year to the current school year in the total amount appropriated under s. 20.255 (2)
8(ac) expressed as a decimal, but not less than zero.
AB40-ASA1,1013,149 (bg) In the 2011-12 and 2012-13 school years, upon receipt from the pupil's
10parent or guardian of proof of the pupil's enrollment in the private school during a
11school term, the state superintendent shall pay to the parent or guardian, from the
12appropriation under s. 20.255 (2) (fr), an amount equal to the private school's
13operating and debt service cost per pupil that is related to educational programming,
14as determined by the department, or $6,442, whichever is less.
AB40-ASA1,1013,2015 (c) The state superintendent shall pay 25 percent of the total amount under this
16subsection in September, 25 percent in November, 25 percent in February, and 25
17percent in May. Each installment may consist of a single check for all pupils
18attending the private school under this section. The state superintendent shall
19include the entire amount under sub. (4m) in the November installment, but the
20payment shall be made in a separate check from the payment under this subsection.
AB40-ASA1,1013,2221 (d) In determining a private school's operating and debt service cost per pupil
22under par. (b) 1. and (4m) (a), the department shall do all of the following:
AB40-ASA1,1013,2423 1. Subtract only the following, up to the actual cost of the service or material
24related to each item:
AB40-ASA1,1013,2525 a. Fees charged pupils for books and supplies used in classes and programs.
AB40-ASA1,1014,1
1b. Rentals for school buildings.
AB40-ASA1,1014,22 c. Food service revenues.
AB40-ASA1,1014,33 d. Governmental financial assistance.
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