Amendment ASA1-AB40

AB40-ASA1,1005,19 (c) "Preaccreditation" means the review and approval of an educational plan. Review of an education plan includes consideration of whether the school submitting the plan meets the requirements under s. 118.165 (1). The fact that a private school has obtained preaccreditation does not require an accreditation organization to accredit the private school.

AB40-ASA1,1005,20 (d) "Progress records" has the meaning given in s. 118.125 (1) (c).

AB40-ASA1,1005,22 (e) "Summer average daily membership equivalent" has the meaning given in s. 121.004 (8).

AB40-ASA1,1006,3 (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.

AB40-ASA1,1006,5 (g) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.

AB40-ASA1,1006,8 (2) (a) Subject to par. (b), any pupil in grades kindergarten to 12 who resides within the Racine Unified School District may attend, at no charge, any private school if all of the following apply:

AB40-ASA1,1006,16 1. a. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 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.

AB40-ASA1,1007,7 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.

AB40-ASA1,1007,8 2. The pupil satisfies one or more of the following:

AB40-ASA1,1007,10 a. The pupil was enrolled in a public school in the Racine Unified School District in the previous school year.

AB40-ASA1,1007,11 b. The pupil was not enrolled in school in the previous school year.

AB40-ASA1,1007,13 c. The pupil attended a private school under this section in the previous school year.

AB40-ASA1,1007,15 d. The pupil is applying to attend kindergarten, first grade, or 9th grade in a private school participating in the program under this section.

AB40-ASA1,1007,20 3. a. Except as provided in subd. 3. b., the private school notified the state superintendent of its intent to participate in the program under this section, and paid the nonrefundable fee set by the department as required under s. 119.23 (2) (a) 3., 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.

AB40-ASA1,1008,2 b. For a private school 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. a. 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.

AB40-ASA1,1008,3 4. The private school complies with 42 USC 2000d.

AB40-ASA1,1008,5 5. The private school meets all health and safety laws or codes that apply to public schools.

AB40-ASA1,1008,7 6. a. Except as provided in subd. 6. c., all of the private school's teachers have a bachelor's degree from an accredited institution of higher education.

AB40-ASA1,1008,9 b. All of the private school's administrators have at least a bachelor's degree from an accredited institution of higher education.

AB40-ASA1,1008,21 c. Any teacher employed by the private school on July 1, 2011, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2011, and who does not satisfy the requirements under subd. 6. a. on July 1, 2011, applies to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 6. a. The department shall promulgate rules to implement this subd. 6. c., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under subd. 6. a., including the name of the accredited institution of higher education at which the teacher is pursuing or will pursue the bachelor's degree and the anticipated date on which the teacher expects to complete the bachelor's degree. No waiver granted under this subd. 6. c. is valid after July 31, 2016.

AB40-ASA1,1009,21 7. For a private school that is a first-time participant in the program under this section, and that is not accredited by the Wisconsin North Central Association, the Wisconsin Religious and Independent School Accreditation, the Independent Schools Association of the Central States, the archdiocese within which the private school is located, or by any other organization recognized by the National Council for Private Schools Accreditation, the private school obtains preaccreditation 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 within which the private school is located, or any other organization recognized by the National Council for Private School Accreditation by September 1 before the first school term of participation in the program under this section that begins after August 31, 2011; by August 1 before the first school term of participation in the program under this section that begins after August 31, 2012; or by May 1 if the private school begins participation in the program under this section during summer school. The private school shall achieve accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the archdiocese within which the private school is located, 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 begins participation in the program under this section. If the private school is accredited under this subdivision, the private school is not required to obtain preaccreditation as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

AB40-ASA1,1010,2 8. Notwithstanding s. 118.165 (1) (c), the private school annually provides at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil instruction in grades 7 to 12. Hours provided under this subdivision include recess and time for pupils to transfer between classes but do not include the lunch periods.

AB40-ASA1,1010,6 (b) 1. In the 2011-12 school year, no more than 250 pupils, as counted under s. 121.004 (7), may attend private schools under this section. Priority shall be given to pupils who were eligible for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b) in the 2010-11 school year.

AB40-ASA1,1010,9 2. In the 2012-13 school year, no more than 500 pupils, as counted under s. 121.004 (7), may attend private schools under this section. Priority shall be given to pupils who attended a private school under this section in the 2011-12 school year.

AB40-ASA1,1010,18 3. Whenever the state superintendent determines that the limit is reached under subd. 1. or 2., he or she shall issue an order prohibiting the participating private schools from accepting additional pupils until he or she determines that the number of pupils attending private schools under this section has fallen below the limit. If the number of pupils attending private schools under this section falls below the limit under this paragraph, the state superintendent shall issue an order notifying participating private schools that they may begin accepting additional pupils, and, notwithstanding sub. (3) (a), participating private schools that wish to accept additional pupils under this section shall accept pupils as follows:

AB40-ASA1,1010,20 a. The private school shall give first priority to pupils who are attending a private school under this section.

AB40-ASA1,1010,22 b. The private school shall give 2nd priority to the siblings of pupils who are attending a private school under this section.

AB40-ASA1,1010,24 c. The private school shall give 3rd priority to pupils selected at random under a procedure established by the department by rule.

AB40-ASA1,1011,3 (c) 1. Notwithstanding par. (a) 6., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor's degree.

AB40-ASA1,1011,6 2. Notwithstanding par. (a) 6., an administrator of a private school participating in the program under this section that prepares and trains pupils attending the school in rabbinical studies is not required to have a bachelor's degree.

AB40-ASA1,1011,17 (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 each applicant, in writing, whether 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.

AB40-ASA1,1011,20 (b) 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.

AB40-ASA1,1011,24 (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:

AB40-ASA1,1011,25 1. The pupil is enrolled in a grade from kindergarten to 8.

AB40-ASA1,1012,4 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.

AB40-ASA1,1012,8 (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:

AB40-ASA1,1012,9 1. The pupil is enrolled in a grade from 9 to 12.

AB40-ASA1,1012,12 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.

AB40-ASA1,1012,17 (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.

AB40-ASA1,1012,21 (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).

AB40-ASA1,1013,2 (b) 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 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) (fr), an amount equal to the lesser of the following:

AB40-ASA1,1013,4 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.

AB40-ASA1,1013,8 2. The amount paid per pupil under this subsection 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.

AB40-ASA1,1013,14 (bg) In the 2011-12 and 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 parent or guardian, from the appropriation under s. 20.255 (2) (fr), 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.

AB40-ASA1,1013,20 (c) The state superintendent shall pay 25 percent of the total amount under this subsection in September, 25 percent in November, 25 percent in February, and 25 percent in May. Each installment may consist of a single check for all pupils attending the private school under this section. The state superintendent shall include the entire amount under sub. (4m) in the November installment, but the payment shall be made in a separate check from the payment under this subsection.

AB40-ASA1,1013,22 (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:

AB40-ASA1,1013,24 1. Subtract only the following, up to the actual cost of the service or material related to each item:

AB40-ASA1,1013,25 a. Fees charged pupils for books and supplies used in classes and programs.

AB40-ASA1,1014,1 b. Rentals for school buildings.

AB40-ASA1,1014,2 c. Food service revenues.

AB40-ASA1,1014,3 d. Governmental financial assistance.

AB40-ASA1,1014,4 e. Interest and other income resulting from the investment of debt proceeds.

AB40-ASA1,1014,11 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.

AB40-ASA1,1014,15 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.

AB40-ASA1,1014,19 (4m) In addition to the payment under sub. (4) the state superintendent shall pay to each 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), the amount determined as follows:

AB40-ASA1,1014,21 (a) Determine the private school's operating and debt service cost per pupil in summer school that is related to educational programming.

AB40-ASA1,1014,22 (b) Multiply the amount under par. (a) by 0.40.

AB40-ASA1,1014,25 (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).

AB40-ASA1,1015,7 (4r) If, after the 3rd Friday in September in any school year, a private school participating in the program under this section closes, for each installment under sub. (4) (c) that was not paid to the private school in that school year, the state superintendent shall pay to the board, from the appropriation under s. 20.255 (2) (fv), the amount determined, for each pupil who had been attending the private school under this section in that school year and who enrolls in the school district operating under this chapter in that school year, as follows:

AB40-ASA1,1015,8 (a) Multiply the amount determined under sub. (4) (b) or (bg) by 0.616.

AB40-ASA1,1015,9 (b) Multiply the product under par. (a) by 0.25.

AB40-ASA1,1015,12 (5) The state superintendent shall ensure that pupils and parents and guardians of pupils who reside in the Racine Unified School District are informed annually of the private schools participating in the program under this section.

AB40-ASA1,1015,16 (6) The school board of the Racine Unified School District shall provide transportation to pupils 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.

AB40-ASA1,1015,18 (6m) Each private school participating in the program under this section shall do all of the following:

AB40-ASA1,1015,20 (a) Provide to each pupil, or the parent or guardian of each minor pupil, who applies to attend the private school all of the following:

AB40-ASA1,1015,22 1. The name, address, and telephone number of the private school and the name of one or more contact persons at the school.

AB40-ASA1,1015,24 2. A list of the names of the members of the private school's governing body and of the private school's shareholders, if any.

AB40-ASA1,1016,5 3. A notice stating whether the private school is an organization operated for profit or not for profit. If the private school is a nonprofit organization, the private school shall also provide the applicant with a copy of the certificate issued under section 501 (c) (3) of the Internal Revenue Code verifying that the private school is a nonprofit organization that is exempt from federal income tax.

AB40-ASA1,1016,6 4. A copy of the appeals process used if the private school rejects the applicant.

AB40-ASA1,1016,7 5. A copy of the policy developed by the private school under s. 118.33 (1) (f) 2r.

AB40-ASA1,1016,9 6. A copy of the nonharassment policy used by the private school, together with the procedures for reporting and obtaining relief from harassment.

AB40-ASA1,1016,11 7. A copy of the suspension and expulsion policies and procedures, including procedures for appealing a suspension or expulsion, used by the private school.

AB40-ASA1,1016,14 8. A copy of the policy used by the private school for accepting or denying the transfer of credits earned by a pupil attending the private school under this section for the satisfactory completion of coursework at another school.

AB40-ASA1,1016,16 9. A copy of the policy governing visitors and visits to the private school, developed as required under sub. (7) (b) 2m.

AB40-ASA1,1016,18 (b) Annually, by August 1st, provide to the department the material specified in par. (a) and all of the following information:

AB40-ASA1,1016,20 1. The number of pupils attending the private school under this section in the previous school year.

AB40-ASA1,1016,22 2. The number of pupils attending the private school other than under this section in the previous school year.

AB40-ASA1,1016,24 3. For each of the previous 5 school years in which the private school has participated in the program under this section, all of the following information:

AB40-ASA1,1017,3 a. The number of pupils who attended the private school under this section and other than under this section in the 12th grade and the number of those pupils who graduated from the private school.

AB40-ASA1,1017,6 b. The number of pupils who attended the private school under this section and other than under this section in the 8th grade and the number of those pupils who advanced from grade 8 to grade 9.

AB40-ASA1,1017,9 c. The number of pupils who attended the private school under this section and other than under this section in the 4th grade and the number of those pupils who advanced from grade 4 to grade 5.

AB40-ASA1,1017,11 d. To the extent permitted under 20 USC 1232g and 43 CFR part 99, pupil scores on all standardized tests administered under sub. (7) (e).

AB40-ASA1,1017,12 4. A copy of the academic standards adopted under sub. (7) (b) 2.

AB40-ASA1,1017,15 (c) Provide to the department a signed statement from each individual who is a member of the private school's governing body verifying that the individual is a member of the governing body.

AB40-ASA1,1017,18 (d) Upon request by any pupil, or the parent or guardian of any minor pupil, who is attending or who applies to attend the private school, provide the material specified in pars. (a) and (b).

AB40-ASA1,1017,20 (7) (a) Each private school participating in the program under this section shall meet at least one of the following standards:

AB40-ASA1,1017,22 1. At least 70 percent of the pupils in the program advance one grade level each year.

AB40-ASA1,1017,24 2. The private school's average attendance rate for the pupils in the program is at least 90 percent.

AB40-ASA1,1018,2 3. At least 80 percent of the pupils in the program demonstrate significant academic progress.