Amendment ASA1-AB40

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.

AB40-ASA1,1023,8 4. Failed to meet at least one of the standards under sub. (7) (a) by the date specified by department rule.

AB40-ASA1,1023,9 5. Failed to provide the information required under sub. (6m).

AB40-ASA1,1023,10 6. Failed to comply with the requirements under sub. (7) (b) or (c).

AB40-ASA1,1023,11 7. Violated sub. (7) (b) 4., 5., or 6.

AB40-ASA1,1023,14 (am) If the state superintendent determines that any of the following have occurred, he or she may issue an order barring the private school from participating in the program under this section in the following school year:

AB40-ASA1,1023,16 2. The private school's application for accreditation has been denied by the accrediting organization.

AB40-ASA1,1023,18 3. The private school has not achieved accreditation within the period allowed under sub. (2) (a) 7.

AB40-ASA1,1023,22 (b) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that conditions at the private school present an imminent threat to the health or safety of pupils.

AB40-ASA1,1023,25 (c) Whenever the state superintendent issues an order under par. (a), (am), or (b), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB40-ASA1,1024,2 (d) The state superintendent may withhold payment from a private school under subs. (4) and (4m) if the private school violates this section.

AB40-ASA1,1024,3 (11) The department shall do all of the following:

AB40-ASA1,1024,6 (a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub. (7) (am) that exceed the standards established by the American Institute of Certified Public Accountants.

AB40-ASA1,1024,11 (b) Notify each private school participating in the program under this section of any proposed changes to the program or to administrative rules governing the program, including changes to application or filing deadlines but not including changes to provisions governing health or safety, prior to the beginning of the school year in which the change takes effect.

AB40-ASA1, s. 2532p Section 2532p. 118.62 of the statutes is created to read:

AB40-ASA1,1024,14 118.62 Green Bay Parental Choice Program. (1) Definitions. In this section:

AB40-ASA1,1024,17 (a) "Administrator" means the superintendent, supervising principal, executive director, or other person who acts as the administrative head of a private school participating in the program under this section.

AB40-ASA1,1024,18 (b) "Membership" has the meaning given in s. 121.004 (5).

AB40-ASA1,1024,23 (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-ASA1,1024,24 (d) "Progress records" has the meaning given in s. 118.125 (1) (c).

AB40-ASA1,1025,2 (e) "Summer average daily membership equivalent" has the meaning given in s. 121.004 (8).

AB40-ASA1,1025,8 (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-ASA1,1025,10 (g) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.

AB40-ASA1,1025,11 (1m) (a) In this subsection:

AB40-ASA1,1025,12 1. "Board" means the government accountability board.

AB40-ASA1,1025,14 2. "Circulator" has the meaning given for "qualified circulator" under s. 5.02 (16g).

AB40-ASA1,1025,19 (b) On or after September 1, 2011, an individual, committee, or group may file a registration statement with the board to initiate a petition to implement the Green Bay Parental Choice Program under this section. The registration statement shall include the name and mailing address of the individual who, or committee or group that, is initiating the petition.

AB40-ASA1,1026,13 (c) The individual, committee, or group may circulate the petition and shall file the petition with the board no later than 60 days after the date on which the registration statement is filed under par. (b). The certification of a circulator shall appear at the bottom of each petition filed with the board. The certification of the circulator shall include the name and mailing address of the individual who, or committee or group that, initiated the petition and shall state that he or she personally circulated the petition and personally obtained each of the signatures; he or she knows the signatures are of qualified electors, as defined under s. 6.02, of the Green Bay Area Public School District as the petition requires; he or she knows the signers signed the petition with full knowledge of its content; he or she knows the respective residences given for each signer; and he or she knows each signer signed on the date stated opposite his or her signature. The certification shall further state that he or she, the circulator, is a qualified elector of this state, or if not a qualified elector of this state, is a U.S. citizen age 18 or older who, if he or she were a resident of this state, would not be disqualified from voting under s. 6.03; that he or she intends to support the implementation of the program under this section; and that he or she is aware that falsifying the certification is punishable under s. 12.13 (3) (a). The circulator shall indicate the date that he or she makes the certification next to his or her signature.

AB40-ASA1,1026,23 (d) The board shall, within 31 days after a petition is filed under par. (c), review the signatures to determine whether any signatures or petition sheets may not be counted for the reasons provided in par. (e) or (f). If, after review, the board determines that the petition contains a number of signatures of qualified electors in the Green Bay Area Public School District equal to not less than 25 percent of the number of pupils enrolled in the Green Bay Area Public School District in the 2010-11 school year, the board shall certify that result to the department of public instruction. The department shall implement the program under this section in the first school year that begins after the date on which the board certifies the petition under this paragraph.

AB40-ASA1,1026,24 (e) An individual signature on a petition sheet may not be counted if:

AB40-ASA1,1026,25 1. The signature is not dated.

AB40-ASA1,1027,1 2. The signature is dated outside the circulation period.

AB40-ASA1,1027,3 3. The signature is dated after the date of the certification contained on the petition sheet.

AB40-ASA1,1027,5 4. The residency of the signer of the petition sheet cannot be determined by the address given.

AB40-ASA1,1027,7 5. The signature is that of an individual who is not a resident of the Green Bay Area School District.

AB40-ASA1,1027,9 6. The signer has been adjudicated not to be a qualified elector on grounds of incompetency or limited incompetency as provided in s. 6.03 (3).

AB40-ASA1,1027,10 7. The signer is not a qualified elector by reason of age.

AB40-ASA1,1027,12 8. The circulator knew or should have known that the signer, for any other reason, was not a qualified elector.

AB40-ASA1,1027,13 (f) No signature on the petition sheet may be counted if:

AB40-ASA1,1027,14 1. The circulator fails to sign his or her certification.

AB40-ASA1,1027,15 2. The circulator is not a qualified circulator.

AB40-ASA1,1027,19 (2) (a) After a petition is certified as provided under sub. (1m) (d), and subject to par. (b), any pupil in grades kindergarten to 12 who resides within the Green Bay Area Public School District may attend, at no charge, any private school if all of the following apply:

AB40-ASA1,1028,2 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-ASA1,1028,18 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-ASA1,1028,19 2. The pupil satisfies one or more of the following:

AB40-ASA1,1028,21 a. The pupil was enrolled in a public school in the Green Bay Area Public School District in the previous school year.