AB40-ASA1,1027,32 3. The signature is dated after the date of the certification contained on the
3petition sheet.
AB40-ASA1,1027,54 4. The residency of the signer of the petition sheet cannot be determined by the
5address given.
AB40-ASA1,1027,76 5. The signature is that of an individual who is not a resident of the Green Bay
7Area School District.
AB40-ASA1,1027,98 6. The signer has been adjudicated not to be a qualified elector on grounds of
9incompetency or limited incompetency as provided in s. 6.03 (3).
AB40-ASA1,1027,1010 7. The signer is not a qualified elector by reason of age.
AB40-ASA1,1027,1211 8. The circulator knew or should have known that the signer, for any other
12reason, was not a qualified elector.
AB40-ASA1,1027,1313 (f) No signature on the petition sheet may be counted if:
AB40-ASA1,1027,1414 1. The circulator fails to sign his or her certification.
AB40-ASA1,1027,1515 2. The circulator is not a qualified circulator.
AB40-ASA1,1027,19 16(2) (a) After a petition is certified as provided under sub. (1m) (d), and subject
17to par. (b), any pupil in grades kindergarten to 12 who resides within the Green Bay
18Area Public School District may attend, at no charge, any private school if all of the
19following apply:
AB40-ASA1,1028,220 1. a. The pupil is a member of a family that has a total family income that does
21not exceed an amount equal to 3.0 times the poverty level determined in accordance
22with criteria established by the director of the federal office of management and
23budget. In this subdivision and sub. (3m), family income includes income of the
24pupil's parents or legal guardians. The family income of the pupil shall be
25determined as provided in subd. 1. b. A pupil attending a private school under this

1section whose family income increases may continue to attend a private school under
2this section.
AB40-ASA1,1028,183 b. The private school submits to the department of revenue the names,
4addresses, social security numbers, and other state and federal tax identification
5numbers, if any, of the pupil's parents or legal guardians. The department of revenue
6shall review the information submitted under this subd. 1. b. and shall determine
7whether the pupil is eligible to participate in the program under this section on the
8basis of family income. Family income for a family in which the pupil's parents are
9married or in which the pupil's legal guardians are married shall be reduced by
10$7,000 before the determination is made under this subd. 1. b. The department of
11revenue may take no other action on the basis of the information submitted under
12this subd. 1. b. The department of public instruction may not request any additional
13verification of income from the family of a pupil once the department of revenue has
14determined whether the pupil is eligible to participate in the program under this
15section on the basis of family income. The department of public instruction shall
16establish a procedure for determining family income eligibility for those pupils for
17whom no social security number or state or federal tax identification number has
18been provided.
AB40-ASA1,1028,1919 2. The pupil satisfies one or more of the following:
AB40-ASA1,1028,2120 a. The pupil was enrolled in a public school in the Green Bay Area Public School
21District in the previous school year.
AB40-ASA1,1028,2222 b. The pupil was not enrolled in school in the previous school year.
AB40-ASA1,1028,2423 c. The pupil attended a private school under this section in the previous school
24year.
AB40-ASA1,1029,2
1d. The pupil is applying to attend kindergarten, first grade, or 9th grade in a
2private school participating in the program under this section.
AB40-ASA1,1029,73 3. a. Except as provided in subd. 3. b., the private school notified the state
4superintendent of its intent to participate in the program under this section, and
5paid the nonrefundable fee set by the department as required under s. 119.23 (2) (a)
63., by February 1 of the previous school year. The notice shall specify the number of
7pupils participating in the program under this section for which the school has space.
AB40-ASA1,1029,138 b. For a private school that intends to participate in the program under this
9section in the first school year that begins after a petition is certified under sub. (1m)
10(d), the private school notified the state superintendent of its intent to participate,
11and paid the nonrefundable fee set by the department under subd. 3. a. by February
121 of that school year. The notice shall specify the number of pupils participating in
13the program under this section for which the school has space.
AB40-ASA1,1029,14144. The private school complies with 42 USC 2000d.
AB40-ASA1,1029,1615 5. The private school meets all health and safety laws or codes that apply to
16public schools.
AB40-ASA1,1029,1817 6. a. Except as provided in subd. 6. c., all of the private school's teachers have
18a bachelor's degree from an accredited institution of higher education.
AB40-ASA1,1029,2019 b. All of the private school's administrators have at least a bachelor's degree
20from an accredited institution of higher education.
AB40-ASA1,1030,921 c. Any teacher employed by the private school on July 1 of the first school year
22that begins after a petition is certified under sub. (1m) (d), who has been teaching for
23at least the 5 consecutive years immediately preceding that July 1, and who does not
24satisfy the requirements under subd. 6. a. on that July 1 applies to the department
25on a form prepared by the department for a temporary, nonrenewable waiver from

1the requirements under subd. 6. a. The department shall promulgate rules to
2implement this subd. 6. c., including the form of the application and the process by
3which the waiver application will be reviewed. The application form shall require
4the applicant to submit a plan for satisfying the requirements under subd. 6. a.,
5including the name of the accredited institution of higher education at which the
6teacher is pursuing or will pursue the bachelor's degree and the anticipated date on
7which the teacher expects to complete the bachelor's degree. No waiver granted
8under this subd. 6. c. is valid after July 31 of the 5th year that begins after a petition
9is certified under sub. (1m) (d).
AB40-ASA1,1031,910 7. For a private school that is a first-time participant in the program under this
11section, and that is not accredited by the Wisconsin North Central Association, the
12Wisconsin Religious and Independent School Accreditation, the Independent
13Schools Association of the Central States, the archdiocese within which the private
14school is located, or by any other organization recognized by the National Council for
15Private Schools Accreditation, the private school obtains preaccreditation by the
16Institute for the Transformation of Learning at Marquette University, the Wisconsin
17North Central Association, the Wisconsin Religious and Independent Schools
18Accreditation, the Independent Schools Association of the Central States, the
19archdiocese within which the private school is located, or any other organization
20recognized by the National Council for Private School Accreditation by August 1
21before the first school term of participation in the program under this section that
22begins in the first school year that begins after a petition is certified under sub. (1m)
23(d) or by May 1 before the first summer class is offered by the private school if the
24private school begins participation in the program under this section during summer
25school. The private school shall achieve accreditation by the Wisconsin North

1Central Association, the Wisconsin Religious and Independent Schools
2Accreditation, the Independent Schools Association of the Central States, the
3archdiocese within which the private school is located, or any other organization
4recognized by the National Council for Private School Accreditation, by December 31
5of the 3rd school year following the first school year in which the private school begins
6participation in the program under this section. If the private school is accredited
7under this subdivision, the private school is not required to obtain preaccreditation
8as a prerequisite to providing instruction under this section in additional grades or
9in an additional or new school.
AB40-ASA1,1031,1410 8. Notwithstanding s. 118.165 (1) (c), the private school annually provides at
11least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours
12of direct pupil instruction in grades 7 to 12. Hours provided under this subdivision
13include recess and time for pupils to transfer between classes but do not include the
14lunch periods.
AB40-ASA1,1031,1915 (b) 1. In the first school year that begins after a petition is certified under sub.
16(1m) (d), no more than 250 pupils, as counted under s. 121.004 (7), may attend private
17schools under this section. Priority shall be given to pupils who were eligible for a
18free or reduced-price lunch in the federal school lunch program under 42 USC 1758
19(b) in the immediately preceding school year.
AB40-ASA1,1031,2320 2. In the 2nd school year that begins after a petition is certified under sub. (1m)
21(d), no more than 500 pupils, as counted under s. 121.004 (7), may attend private
22schools under this section. Priority shall be given to pupils who attended a private
23school under this section in the school year described in subd. 1.
AB40-ASA1,1032,724 3. Whenever the state superintendent determines that the limit is reached
25under subd. 1. or 2., he or she shall issue an order prohibiting the participating

1private schools from accepting additional pupils until he or she determines that the
2number of pupils attending private schools under this section has fallen below the
3limit. If the number of pupils attending private schools under this section falls below
4the limit under this paragraph, the state superintendent shall issue an order
5notifying participating private schools that they may begin accepting additional
6pupils, and, notwithstanding sub. (3) (a), participating private schools that wish to
7accept additional pupils under this section shall accept pupils as follows:
AB40-ASA1,1032,98 a. The private school shall give first priority to pupils who are attending a
9private school under this section.
AB40-ASA1,1032,1110 b. The private school shall give 2nd priority to the siblings of pupils who are
11attending a private school under this section.
AB40-ASA1,1032,1312 c. The private school shall give 3rd priority to pupils selected at random under
13a procedure established by the department by rule.
AB40-ASA1,1032,1614 (c) 1. Notwithstanding par. (a) 6., a teacher employed by a private school
15participating in the program under this section who teaches only courses in
16rabbinical studies is not required to have a bachelor's degree.
AB40-ASA1,1032,1917 2. Notwithstanding par. (a) 6., an administrator of a private school
18participating in the program under this section that prepares and trains pupils
19attending the school in rabbinical studies is not required to have a bachelor's degree.
AB40-ASA1,1033,5 20(3) (a) The pupil or the pupil's parent or guardian shall submit an application,
21on a form provided by the state superintendent, to the participating private school
22that the pupil wishes to attend. If more than one pupil from the same family applies
23to attend the same private school, the pupils may use a single application. Within
2460 days after receiving the application, the private school shall notify each applicant,
25in writing, whether his or her application has been accepted. If the private school

1rejects an application, the notice shall include the reason. A private school may reject
2an applicant only if it has reached its maximum general capacity or seating capacity.
3The state superintendent shall ensure that the private school determines which
4pupils to accept on a random basis, except that the private school may give preference
5in accepting applications to siblings of pupils accepted on a random basis.
AB40-ASA1,1033,86 (b) If the private school rejects an applicant because it has too few available
7spaces, the pupil may transfer his or her application to a participating private school
8that has space available.
AB40-ASA1,1033,12 9(3m) (a) A private school participating in the program under this section may
10not charge or receive any additional payment for a pupil participating in the program
11under this section other than the payment the school receives under sub. (4) and, if
12applicable, sub. (4m), if either of the following applies:
AB40-ASA1,1033,1313 1. The pupil is enrolled in a grade from kindergarten to 8.
AB40-ASA1,1033,1714 2. The pupil is enrolled in a grade from 9 to 12 and the family income of the
15pupil, as determined under sub. (2) (a) 1., does not exceed an amount equal to 2.2
16times the poverty level determined in accordance with criteria established by the
17director of the federal office of management and budget.
AB40-ASA1,1033,2118 (b) A private school participating in the program under this section may, in
19addition to the payment it receives for a pupil under sub. (4) and, if applicable, sub.
20(4m), charge the pupil tuition and fees in an amount determined by the school if both
21of the following apply:
AB40-ASA1,1033,2222 1. The pupil is enrolled in a grade from 9 to 12.
AB40-ASA1,1033,2523 2. The family income of the pupil, as determined under sub. (2) (a) 1., exceeds
24an amount equal to 2.2 times the poverty level determined in accordance with
25criteria established by the director of the federal office of management and budget.
AB40-ASA1,1034,5
1(c) A private school participating in the program under this section shall
2determine whether the private school may charge additional tuition and fees to a
3pupil on the basis of the pupil's family income as permitted under par. (b). The
4private school shall establish a process for accepting an appeal to the governing body
5of the private school of the determination made under this paragraph.
AB40-ASA1,1034,9 6(4) (a) Annually, on or before October 15, a private school participating in the
7program under this section shall file with the department a report stating its
8summer average daily membership equivalent and its summer choice average daily
9membership equivalent for the purpose of sub. (4m).
AB40-ASA1,1034,1410 (b) Upon receipt from the pupil's parent or guardian of proof of the pupil's
11enrollment in the private school during a school term, the state superintendent shall
12pay to the private school in which the pupil is enrolled on behalf of the pupil's parent
13or guardian, from the appropriation under s. 20.255 (2) (fn), an amount equal to the
14lesser of the following:
AB40-ASA1,1034,1615 1. The amount equal to the private school's operating and debt service cost per
16pupil that is related to educational programming, as determined by the department.
AB40-ASA1,1034,1917 2. In the 2012-13 school year, the per pupil amount determined under s. 119.23
18(4) (bg), and in any other school year, the per pupil amount determined under s.
19119.23 (4) (b) 2.
AB40-ASA1,1034,2520 (c) The state superintendent shall pay 25 percent of the total amount under this
21subsection in September, 25 percent in November, 25 percent in February, and 25
22percent in May. Each installment may consist of a single check for all pupils
23attending the private school under this section. The state superintendent shall
24include the entire amount under sub. (4m) in the November installment, but the
25payment shall be made in a separate check from the payment under this subsection.
AB40-ASA1,1035,2
1(d) In determining a private school's operating and debt service cost per pupil
2under par. (b) 1. and (4m) (a), the department shall do all of the following:
AB40-ASA1,1035,43 1. Subtract only the following, up to the actual cost of the service or material
4related to each item:
AB40-ASA1,1035,55 a. Fees charged pupils for books and supplies used in classes and programs.
AB40-ASA1,1035,66 b. Rentals for school buildings.
AB40-ASA1,1035,77 c. Food service revenues.
AB40-ASA1,1035,88 d. Governmental financial assistance.
AB40-ASA1,1035,99 e. Interest and other income resulting from the investment of debt proceeds.
AB40-ASA1,1035,1610 2. If legal title to the private school's buildings and premises is held in the name
11of the private school's parent organization or other related party, there is no other
12mechanism to include the private school's facilities costs in the calculation of its
13operating and debt service cost, and the private school requests that the department
14do so, include an amount equal to 10.5 percent of the fair market value of the school
15and its premises. A request made by a private school under this subdivision remains
16effective in subsequent school years and may not be withdrawn by the private school.
AB40-ASA1,1035,2017 3. If immediately prior to the effective date of this subdivision .... [LRB inserts
18date], a private school's operating and debt service costs, as determined by the
19department, included the amount described in subd. 2., continue to include the
20amount described in subd. 2. in subsequent school years.
AB40-ASA1,1035,24 21(4m) In addition to the payment under sub. (4) the state superintendent shall
22pay to each private school participating in the program under this section, on behalf
23of the parent or guardian of each pupil attending the private school under this
24section, in the manner described in sub. (4) (c), the amount determined as follows:
AB40-ASA1,1036,2
1(a) Determine the private school's operating and debt service cost per pupil in
2summer school that is related to educational programming.
AB40-ASA1,1036,33 (b) Multiply the amount under par. (a) by 0.40.
AB40-ASA1,1036,64 (c) Multiply the product under par. (b) by the quotient determined by dividing
5the summer choice average daily membership equivalent of the private school by the
6total number of pupils for whom payments are being made under sub. (4).
AB40-ASA1,1036,13 7(4r) If, after the 3rd Friday in September in any school year, a private school
8participating in the program under this section closes, for each installment under
9sub. (4) (c) that was not paid to the private school in that school year, the state
10superintendent shall pay to the board, from the appropriation under s. 20.255 (2) (fv),
11the amount determined, for each pupil who had been attending the private school
12under this section in that school year and who enrolls in the school district operating
13under this chapter in that school year, as follows:
AB40-ASA1,1036,1414 (a) Multiply the amount determined under sub. (4) (b) by 0.616.
AB40-ASA1,1036,1515 (b) Multiply the product under par. (a) by 0.25.
AB40-ASA1,1036,19 16(5) The state superintendent shall ensure that pupils and parents and
17guardians of pupils who reside in the Green Bay Area Public School District are
18informed annually of the private schools participating in the program under this
19section.
AB40-ASA1,1036,23 20(6) The school board of the Green Bay Area Public School District shall provide
21transportation to pupils attending a private school under this section if required
22under s. 121.54 and may claim transportation aid under s. 121.58 for pupils so
23transported.
AB40-ASA1,1036,25 24(6m) Each private school participating in the program under this section shall
25do all of the following:
AB40-ASA1,1037,2
1(a) Provide to each pupil, or the parent or guardian of each minor pupil, who
2applies to attend the private school all of the following:
AB40-ASA1,1037,43 1. The name, address, and telephone number of the private school and the
4name of one or more contact persons at the school.
AB40-ASA1,1037,65 2. A list of the names of the members of the private school's governing body and
6of the private school's shareholders, if any.
AB40-ASA1,1037,117 3. A notice stating whether the private school is an organization operated for
8profit or not for profit. If the private school is a nonprofit organization, the private
9school shall also provide the applicant with a copy of the certificate issued under
10section 501 (c) (3) of the Internal Revenue Code verifying that the private school is
11a nonprofit organization that is exempt from federal income tax.
AB40-ASA1,1037,1212 4. A copy of the appeals process used if the private school rejects the applicant.
AB40-ASA1,1037,1313 5. A copy of the policy developed by the private school under s. 118.33 (1) (f) 2g.
AB40-ASA1,1037,1514 6. A copy of the nonharassment policy used by the private school, together with
15the procedures for reporting and obtaining relief from harassment.
AB40-ASA1,1037,1716 7. A copy of the suspension and expulsion policies and procedures, including
17procedures for appealing a suspension or expulsion, used by the private school.
AB40-ASA1,1037,2018 8. A copy of the policy used by the private school for accepting or denying the
19transfer of credits earned by a pupil attending the private school under this section
20for the satisfactory completion of coursework at another school.
AB40-ASA1,1037,2221 9. A copy of the policy governing visitors and visits to the private school,
22developed as required under sub. (7) (b) 2m.
AB40-ASA1,1037,2423 (b) Annually, by August 1st, provide to the department the material specified
24in par. (a) and all of the following information:
AB40-ASA1,1038,2
11. The number of pupils attending the private school under this section in the
2previous school year.
AB40-ASA1,1038,43 2. The number of pupils attending the private school other than under this
4section in the previous school year.
AB40-ASA1,1038,65 3. For each of the previous 5 school years in which the private school has
6participated in the program under this section, all of the following information:
AB40-ASA1,1038,97 a. The number of pupils who attended the private school under this section and
8other than under this section in the 12th grade and the number of those pupils who
9graduated from the private school.
AB40-ASA1,1038,1210 b. The number of pupils who attended the private school under this section and
11other than under this section in the 8th grade and the number of those pupils who
12advanced from grade 8 to grade 9.
AB40-ASA1,1038,1513 c. The number of pupils who attended the private school under this section and
14other than under this section in the 4th grade and the number of those pupils who
15advanced from grade 4 to grade 5.
AB40-ASA1,1038,1716d. To the extent permitted under 20 USC 1232g and 43 CFR part 99, pupil
17scores on all standardized tests administered under sub. (7) (e).
AB40-ASA1,1038,1818 4. A copy of the academic standards adopted under sub. (7) (b) 2.
AB40-ASA1,1038,2119 (c) Provide to the department a signed statement from each individual who is
20a member of the private school's governing body verifying that the individual is a
21member of the governing body.
AB40-ASA1,1038,2422 (d) Upon request by any pupil, or the parent or guardian of any minor pupil,
23who is attending or who applies to attend the private school, provide the material
24specified in pars. (a) and (b).
AB40-ASA1,1039,2
1(7) (a) Each private school participating in the program under this section shall
2meet at least one of the following standards:
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