Amendment ASA1-AB40

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.

AB40-ASA1,1018,4 4. At least 70 percent of the families of pupils in the program meet parent involvement criteria established by the private school.

AB40-ASA1,1018,9 (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:

AB40-ASA1,1018,20 1. An independent financial audit of the private school conducted by an independent certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents pupil costs under sub. (4) (b) 1. The audit under this subdivision shall be limited in scope to those records that are necessary for the department to make payments under subs. (4) and (4m). The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants.

AB40-ASA1,1018,25 2. Evidence of sound fiscal and internal control practices, as prescribed by the department by rule. An auditor engaged to evaluate the private school's fiscal and internal control practices shall conduct his or her evaluation, including determining sample sizes, in accordance with attestation standards established by the American Institute of Certified Public Accountants.

AB40-ASA1,1019,2 (b) Each private school participating in the program under this section shall do all of the following:

AB40-ASA1,1019,4 1. Administer to any pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.

AB40-ASA1,1019,5 2. Adopt the pupil academic standards required under s. 118.30 (1g) (a) 4.

AB40-ASA1,1019,6 2m. Develop a written policy governing visitors and visits to the private school.

AB40-ASA1,1019,10 3. Ensure that any teacher's aide employed by the private school has graduated from high school, been granted a declaration of equivalency of high school graduation, or been issued a general educational development certificate of high school equivalency.

AB40-ASA1,1019,19 3m. Annually, schedule 2 meetings at which members of the governing body of the private school will be present and at which pupils, and the parents or guardians of pupils, applying to attend the private school or attending the private school may meet and communicate with the members of the governing body. The private school shall, within 30 days after the start of the school term, notify the department in writing of the scheduled meeting dates and shall, at least 30 days before the scheduled meeting date, notify in writing each pupil, or the parent or guardian of each minor pupil, applying to attend the private school or attending the private school of the meeting date, time, and place.

AB40-ASA1,1019,22 4. Maintain progress records for each pupil attending the private school under this section while the pupil attends the school and, except as provided under subd. 7., for at least 5 years after the pupil ceases to attend the school.

AB40-ASA1,1019,25 5. Upon request, provide a pupil or the parent or guardian of a minor pupil who is attending the private school under this section with a copy of the pupil's progress records.

AB40-ASA1,1020,3 6. Issue a high school diploma or certificate to each pupil who attends the private school under this section and satisfactorily completes the course of instruction and any other requirements necessary for high school graduation.

AB40-ASA1,1020,9 7. a. Except as provided in subd. 7. b., if the private school ceases operating as a private school, immediately transfer all of the progress records of the pupils who attended the school under this section to the school board of the Racine Unified School District. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of progress records under this subd. 7. a.

AB40-ASA1,1020,22 b. If the private school is affiliated with an organization that will maintain the progress records of each pupil who attended the school under this section for at least 5 years after the private school ceases operation as a private school, the private school may transfer a pupil's records to the organization if the pupil, or the parent or guardian of a minor pupil, consents in writing to the release of the progress records to the affiliated organization. The private school shall send to the department a copy of the consent form for each pupil who consents to the transfer of progress records under this subd. 7. b. The written notice shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall include the name, phone number, mailing address, and other relevant contact information of the organization that will maintain the progress records, and a declaration by the affiliated organization that the organization agrees to maintain the progress records for at least 5 years after the private school ceases operation as a private school.

AB40-ASA1,1021,2 (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.

AB40-ASA1,1021,8 (d) By September 1 before the first school term of participation in the program that begins in the 2011-12 school year, by August 1 before the first school term of participation in the program that begins in the 2012-13 school year or any school year thereafter, 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:

AB40-ASA1,1021,9 1. a. In this subdivision, "municipality" has the meaning given in s. 5.02 (11).

AB40-ASA1,1021,16 b. A copy of the school's current certificate of occupancy issued by the municipality within which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the municipality within which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the requirement of this subdivision.

AB40-ASA1,1021,17 2. Evidence of financial viability, as prescribed by the department by rule.

AB40-ASA1,1021,19 3. Proof that the private school's administrator has participated in a fiscal management training program approved by the department.

AB40-ASA1,1021,23 (e) Each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1t) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils.

AB40-ASA1,1022,5 (g) 1. By the first day of the 3rd month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by October 1 of a private school's first school year of participation in the program under this section, whichever is later, the private school shall provide for the development of a plan for maintaining indoor environmental quality in the private school.

AB40-ASA1,1022,11 2. By the first day of the 12th month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by the beginning of the 2nd school year of participation in the program under this section, whichever is later, the private school shall implement a plan for maintaining indoor environmental quality in the private school.

AB40-ASA1,1022,13 3. Each private school participating in the program under this section shall provide a copy of the plan implemented under subd. 2. to any person upon request.

AB40-ASA1,1022,18 (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.

AB40-ASA1,1022,21 (9) If any accrediting agency specified under sub. (2) (a) 7. determines during the accrediting or preaccrediting process that a private school does not meet all of the requirements under s. 118.165 (1), it shall report that failure to the department.

AB40-ASA1,1022,25 (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:

AB40-ASA1,1023,1 1. Misrepresented information required under sub. (7) (d).

AB40-ASA1,1023,4 2. Failed to provide the notice or pay the fee required under sub. (2) (a) 3., or provide the information required under sub. (7) (am) or (d), by the date or within the period specified.

AB40-ASA1,1023,6 3. Failed to refund to the state any overpayment made under sub. (4) (b) or (bg) or (4m) by the date specified by department rule.