Amendment AA1-SB234

November 3, 2011 - Offered by Representative Krusick.

SB234-AA1,1,1 At the locations indicated, amend the bill, as follows:

SB234-AA1,1,2 1. Page 2, line 1: delete "schools, and" and substitute "schools,".

SB234-AA1,1,5 2. Page 2, line 2: after "schools" insert "a school assessment guide, the operation of, and insurance requirements related to, school buses and alternative methods of pupil transportation, making an appropriation, and providing a penalty".

SB234-AA1,1,6 3. Page 4, line 1: before that line insert:

SB234-AA1,1,7 " Section 1d. 20.255 (2) (fw) of the statutes is created to read:

SB234-AA1,1,10 20.255 (2) (fw) Parental choice programs; pupil assessments. A sum sufficient to pay the costs of acquiring, administering, and scoring the examinations required under ss. 118.30 (1s) and (1t), 118.60 (7) (b) 1., and 119.23 (7) (b) 1.

SB234-AA1, s. 1d Section 1d. 115.28 (7) (b) of the statutes is amended to read:

SB234-AA1,2,9 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools and tribal schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in public, private, or tribal schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school or tribal school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private Except as provided in ss. 118.60 (7) (b) 9. and 119.23 (7) (b) 9., private schools are not obligated to employ only licensed or certified teachers.

SB234-AA1, s. 1h Section 1h. 115.28 (27) of the statutes is created to read:

SB234-AA1,2,22 115.28 (27) School assessment guide. Develop a guide for parents to use in assessing public and private schools, including charter schools. The guide shall include information on how to evaluate the academic performance of pupils enrolled in a school, a school's academic opportunities, a school's expenditures per enrolled pupil, the education and experience levels of teachers, and the opportunities for parental involvement in a school and classroom, and may include additional information. In developing the guide, the department shall consult with the Wisconsin Association of School Boards, the Wisconsin Association of School District Administrators, the Wisconsin Charter Schools Association, the Wisconsin Council of Religious and Independent Schools, the Wisconsin Education Association Council, and School Choice Wisconsin, Inc. The department shall post the guide on its Internet site and make copies of the guide available to schools upon request.

SB234-AA1, s. 1p Section 1p. 118.19 (1) of the statutes is amended to read:

SB234-AA1,3,2 118.19 (1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach in a public school, including a charter school, in a private school participating in the program under s. 118.60 or 119.23, or in a school or institution operated by a county or the state shall first procure a license or permit from the department.".

SB234-AA1,3,3 4. Page 4, line 1: substitute "Section 1t" for "Section 1".

SB234-AA1,3,4 5. Page 10, line 14: after that line insert:

SB234-AA1,3,5 " Section 9e. 118.60 (6m) (e), (f) and (g) of the statutes are created to read:

SB234-AA1,3,7 118.60 (6m) (e) Provide, annually to the department and upon request to any person, all of the following:

SB234-AA1,3,11 1. The results of all standardized examinations administered to pupils attending the private school under this section in the previous 5 school years, categorized by subject area, grade, sex, race, disability, and economic status, except as provided in par. (f). The department shall post the results on its Internet site.

SB234-AA1,3,14 2. Rates of graduation, truancy, attendance, suspension, and expulsion in the previous school year, categorized as specified in subd. 1., except as provided in par. (f).

SB234-AA1,3,16 3. The private school's requirements for promotion from grade to grade and for graduation.

SB234-AA1,3,18 4. The number of pupils enrolled in the previous school year who were children with a disability, as defined s. 115.76 (5), except as provided in par. (f).

SB234-AA1,3,19 5. The private school's safety plan.

SB234-AA1,3,21 6. The services provided by the private school to pupils who are children with disabilities, as defined in s. 115.76 (5).

SB234-AA1,3,24 7. The private school's attrition rate for teachers in the previous school year, as compared to the statewide attrition rate in the previous school year and the attrition rate of the eligible school district in the previous school year.

SB234-AA1,4,3 8. The private school's budget, specifying all existing indebtedness and all anticipated revenue from all sources during the ensuing fiscal year and all proposed expenditures during the ensuing fiscal year.

SB234-AA1,4,4 9. The private school's academic standards adopted under s. 118.30 (1g) (a) 4.

SB234-AA1,4,9 (f) A private school participating in the program under this section is not required to categorize the information under par. (e) 1. and 2., or disclose the information under par. (e) 4., if the number of pupils in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil.

SB234-AA1,4,14 (g) A private school participating in the program under this section shall ensure that the information specified under par. (e) 1., as well as information on the percentage of pupils attending the school who are enrolled in advanced placement courses, and the percentage of such pupils that successfully complete such courses, is always available on the counter in the school's office.

SB234-AA1, s. 9m Section 9m. 118.60 (7) (am) 1. of the statutes, as created by 2011 Wisconsin Act 32, is amended to read:

SB234-AA1,5,4 118.60 (7) (am) 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), except that the certified public accountant conducting the audit shall include a report on the private school's compliance with par. (b) 11. a. and c. 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.

SB234-AA1, s. 9s Section 9s. 118.60 (7) (b) 9. to 13. of the statutes are created to read:

SB234-AA1,5,8 118.60 (7) (b) 9. Ensure that every teacher, supervisor, administrator, and professional staff member holds a license or permit to teach issued by the department.

SB234-AA1,5,15 10. Develop policies on truancy, excused and unexcused absences, bullying, pupil engagement in learning activities, promoting the emotional development of pupils, promoting practices designed to provide instruction to each pupil based on the pupil's abilities, and promoting parental involvement and volunteerism. The latter policy shall describe the circumstances under which a pupil's parent or guardian may volunteer, shadow the pupil in school, and observe the pupil in the pupil's classes.

SB234-AA1,5,21 11. a. Maintain records for each pupil attending the private school under this section while the pupil attends the school and for at least 5 years after the pupil ceases to attend the school, except that if the private school ceases operating as a private school, it shall immediately transfer all of the records of the pupils who attended the school under this section to the school board of the eligible school district.

SB234-AA1,6,2 b. 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 records, except that the private school need not provide a pupil's parent with a copy of the pupil's records if the pupil's parent has been denied periods of physical placement with the pupil under s. 767.41 (4).

SB234-AA1,6,5 c. 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.

SB234-AA1,6,9 12. Permit public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

SB234-AA1,6,12 13. Provide public access to its meetings to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.".

SB234-AA1,6,13 6. Page 11, line 9: after that line insert:

SB234-AA1,6,14 " Section 11d. 118.60 (10) (a) 9. and 10. of the statutes are created to read:

SB234-AA1,6,16 118.60 (10) (a) 9. Failed to procure and maintain in effect the insurance required under s. 121.53 (4) or 121.555 (2) (a).

SB234-AA1,6,18 10. Failed to procure and maintain in effect the insurance required by the department by rule.

SB234-AA1, s. 11h Section 11h. 118.60 (10) (am) 4. of the statutes is created to read:

SB234-AA1,6,20 118.60 (10) (am) 4. The private school has violated s. 100.18 (1).

SB234-AA1, s. 11p Section 11p. 118.60 (10) (d) of the statutes, as created by 2011 Wisconsin Act 32, is amended to read:

SB234-AA1,7,3 118.60 (10) (d) The state superintendent may withhold payment from a private school under subs. (4) and (4m) if the private school violates this section or s. 118.125 (4).

SB234-AA1, s. 11t Section 11t. 119.16 (15) of the statutes is created to read:

SB234-AA1,7,10 119.16 (15) Milwaukee parental choice program; report. Annually the board shall report to the legislature, in the manner provided under s. 13.172 (2), all of the costs it incurred in the previous school year in connection with the Milwaukee parental choice program under s. 119.23, including transportation costs and the costs of providing special education and related services to pupils attending private schools under s. 119.23.".

SB234-AA1,7,11 7. Page 18, line 9: after that line insert:

SB234-AA1,7,12 " Section 23e. 119.23 (6m) (e), (f) and (g) of the statutes are created to read:

SB234-AA1,7,14 119.23 (6m) (e) Provide, annually to the department and upon request to any person, all of the following:

SB234-AA1,7,18 1. The results of all standardized examinations administered to pupils attending the private school under this section in the previous 5 school years, categorized by subject area, grade, sex, race, disability, and economic status, except as provided in par. (f). The department shall post the results on its Internet site.

SB234-AA1,7,21 2. Rates of graduation, truancy, attendance, suspension, and expulsion in the previous school year, categorized as specified in subd. 1., except as provided in par. (f).

SB234-AA1,7,23 3. The private school's requirements for promotion from grade to grade and for graduation.

SB234-AA1,8,2 4. The number of pupils enrolled in the previous school year who were children with a disability, as defined s. 115.76 (5), except as provided in par. (f).

SB234-AA1,8,3 5. The private school's safety plan.

SB234-AA1,8,5 6. The services provided by the private school to pupils who are children with disabilities, as defined in s. 115.76 (5).

SB234-AA1,8,9 7. The private school's attrition rate for teachers in the previous school year, as compared to the statewide attrition rate in the previous school year and the attrition rate of the school district operating under this chapter in the previous school year.

SB234-AA1,8,12 8. The private school's budget, specifying all existing indebtedness and all anticipated revenue from all sources during the ensuing fiscal year and all proposed expenditures during the ensuing fiscal year.

SB234-AA1,8,13 9. The private school's academic standards adopted under s. 118.30 (1g) (a) 3.

SB234-AA1,8,18 (f) A private school participating in the program under this section is not required to categorize the information under par. (e) 1. and 2., or disclose the information under par. (e) 4., if the number of pupils in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil.

SB234-AA1,8,23 (g) A private school participating in the program under this section shall ensure that the information specified under par. (e) 1., as well as information on the percentage of pupils attending the school who are enrolled in advanced placement courses, and the percentage of such pupils that successfully complete such courses, is always available on the counter in the school's office.

SB234-AA1, s. 23m Section 23m. 119.23 (7) (am) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB234-AA1,9,13 119.23 (7) (am) 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), except that the certified public accountant conducting the audit shall include a report on the private school's compliance with par. (b) 11. a. and c. 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.

SB234-AA1, s. 23s Section 23s. 119.23 (7) (b) 9. to 13. of the statutes are created to read:

SB234-AA1,9,17 119.23 (7) (b) 9. Ensure that every teacher, supervisor, administrator, and professional staff member holds a license or permit to teach issued by the department.

SB234-AA1,9,24 10. Develop policies on truancy, excused and unexcused absences, bullying, pupil engagement in learning activities, promoting the emotional development of pupils, promoting practices designed to provide instruction to each pupil based on the pupil's abilities, and promoting parental involvement and volunteerism. The latter policy shall describe the circumstances under which a pupil's parent or guardian may volunteer, shadow the pupil in school, and observe the pupil in the pupil's classes.

SB234-AA1,10,5 11. a. Maintain records for each pupil attending the private school under this section while the pupil attends the school and for at least 5 years after the pupil ceases to attend the school, except that if the private school ceases operating as a private school, it shall immediately transfer all of the records of the pupils who attended the school under this section to the board.

SB234-AA1,10,10 b. 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 records, except that the private school need not provide a pupil's parent with a copy of the pupil's records if the pupil's parent has been denied periods of physical placement with the pupil under s. 767.41 (4).

SB234-AA1,10,13 c. 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.

SB234-AA1,10,17 12. Permit public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

SB234-AA1,10,20 13. Provide public access to its meetings to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.".

SB234-AA1,10,21 8. Page 18, line 21: after that line insert:

SB234-AA1,10,22 " Section 24m. 119.23 (7) (f) of the statutes is repealed and recreated to read:

SB234-AA1,11,3 119.23 (7) (f) A private school that is not accredited under sub. (2) (a) 7. shall apply for accreditation by December 31 of the school year in which it enters or reenters the program under this section.".

SB234-AA1,11,4 9. Page 19, line 9: after that line insert:

SB234-AA1,11,5 " Section 26b. 119.23 (10) (a) 9. and 10. of the statutes are created to read:

SB234-AA1,11,7 119.23 (10) (a) 9. Failed to procure and maintain in effect the insurance required under s. 121.53 (4) or 121.555 (2) (a).

SB234-AA1,11,9 10. Failed to procure and maintain in effect the insurance required by the department by rule.

SB234-AA1, s. 26c Section 26c. 119.23 (10) (am) 4. of the statutes is created to read:

SB234-AA1,11,11 119.23 (10) (am) 4. The private school has violated s. 100.18 (1).

SB234-AA1, s. 26d Section 26d. 119.23 (10) (d) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB234-AA1,11,16 119.23 (10) (d) The state superintendent may withhold payment from a private school under subs. (4) and (4m) if the private school violates this section or s. 118.125 (4).

SB234-AA1, s. 26f Section 26f. 121.53 (4) of the statutes is amended to read:

SB234-AA1,12,19 121.53 (4) Every school board, every governing body of a private school that transports pupils or contracts for the transportation of pupils, and every governing body of a charter school that transports pupils or contracts for the transportation of pupils shall require that there be filed with it and with the department of transportation a certificate of insurance showing that an insurance policy has been procured and is in effect for the entire school year which covers the owner and operator of the school bus and the school board governing body of the private school or charter school, or shall procure an insurance policy and file such certificate with the department of transportation. Unless such certificate is on file with the department of transportation, no registration plates for a school bus may be issued by the department of transportation. No such policy may be terminated prior to its expiration or canceled for any reason, unless a notice thereof is filed with the department of transportation and with the school board or governing body of the private school or charter school by the insurer at least 10 30 days prior to the date of termination or cancellation. No such policy which covers a private school participating in the program under s. 118.60 or 119.23 may be terminated prior to its expiration or canceled for any reason, unless a notice thereof is also filed with the department of public instruction by the insurer at least 30 days prior to the date of termination or cancellation. An insurer that issues an insurance policy under this section that covers a private school participating in the program under s. 118.60 or 119.23 shall notify the department of public instruction of any change made to the policy. A private school participating in the program under s. 118.60 or 119.23 shall immediately notify the department of public instruction that the school has received a notice of termination or cancellation from the insurer. The department of transportation shall revoke the registration of a school bus on which the policy has been terminated or canceled, effective on the date of termination or cancellation.

SB234-AA1, s. 26g Section 26g. 121.53 (6) of the statutes is amended to read:

SB234-AA1,12,23 121.53 (6) Within 10 days after its occurrence, every accident involving a motor vehicle while providing transportation under this subchapter shall be reported to the appropriate school board or governing body of a private school or charter school.

SB234-AA1, s. 26h Section 26h. 121.555 (1) (intro.) of the statutes is amended to read: