Amendment AA1-SB234

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:

SB234-AA1,13,3 121.555 (1) (intro.) A school board or the governing body of a private school or charter school may provide pupil transportation services by the following alternative methods:

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

SB234-AA1,13,12 121.555 (1) (b) A motor vehicle transporting 10 or more passengers in addition to the operator and used temporarily to provide transportation for purposes specified under s. 340.01 (56) (a) when the school board or the governing body of the private school or charter school requests the secretary of transportation to determine that an emergency exists because no regular transportation is available. The secretary of transportation shall approve or deny the request in writing. Any authorization granted under this paragraph shall specify the purpose and need for the emergency transportation service.

SB234-AA1, s. 26j Section 26j. 121.555 (2) (intro.) of the statutes is amended to read:

SB234-AA1,13,16 121.555 (2) (intro.) The school board or the governing body of a private school or charter school shall determine that any motor vehicle used under sub. (1) complies with the following conditions:

SB234-AA1, s. 26k Section 26k. 121.555 (2) (cm) of the statutes is amended to read:

SB234-AA1,14,3 121.555 (2) (cm) Waiver of operator requirement. Notwithstanding par. (c) 3., with respect to the operator of a vehicle under sub. (1) (a), a school board or the governing body of a private school or charter school may waive the requirement that an the operator of the motor vehicle have sufficient use of both hands if the operator of the motor vehicle has sufficient use of one hand to safely operate the vehicle which the school board or the governing body of the private school or charter school proposes the operator of the motor vehicle use, as substantiated by a special driving examination conducted by the department of transportation. The department of transportation shall conduct the special examination under this paragraph upon the request of a school board, or the governing body of a private school or charter school, or the operator of the motor vehicle.

SB234-AA1, s. 26L Section 26L. 121.555 (2m) of the statutes is created to read:

SB234-AA1,14,25 121.555 (2m) Every school board, every governing body of a private school, and every governing body of a charter school that provides pupil transportation services under this section shall require that there be filed with it and with the department of transportation a certificate of insurance showing that the insurance policy required under sub. (2) has been procured and is in effect for the entire school year which covers the owner and operator of the motor vehicle and the school board or governing body of the private school or charter school, or shall procure an insurance policy and file such certificate with 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 the school board or the governing body of the private school or charter school by the insurer at least 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.

SB234-AA1, s. 26m Section 26m. 121.555 (6) (a) of the statutes is amended to read:

SB234-AA1,15,5 121.555 (6) (a) The department shall prepare and make available to school districts, private schools, charter schools, and contractors providing pupil transportation services informational materials, in printed or electronic form, relating to compliance with this section.

SB234-AA1, s. 26n Section 26n. 340.01 (56) (a) 1. of the statutes is amended to read:

SB234-AA1,15,9 340.01 (56) (a) 1. Pupils to or from a public school as defined in s. 115.01 (1) or, a private school as defined in s. 115.001 (3r), a charter school as defined in s. 115.001 (1), or pupils to or from a technical college when required under s. 118.15 (1).

SB234-AA1, s. 26p Section 26p. 341.03 (title) of the statutes is amended to read:

SB234-AA1,15,12 341.03 (title) Operating vehicle after suspension, revocation, or cancellation of registration or without required insurance .

SB234-AA1, s. 26q Section 26q. 341.03 (1) of the statutes is amended to read:

SB234-AA1,15,19 341.03 (1) Prohibition. No person may operate or knowingly permit the operation of a motor vehicle if the registration for that vehicle is suspended, revoked, or canceled under s. 285.30 (6) (d) or 342.255, ch. 344 or this chapter, or if the registration for that vehicle is suspended, canceled, or revoked under the law of another jurisdiction, or, if required under s. 121.53 or 121.555 (2) (a), valid insurance is not current on the vehicle.

SB234-AA1, s. 26r Section 26r. 343.12 (1m) of the statutes is created to read:

SB234-AA1,15,24 343.12 (1m) (a) An employer that employs any person as an operator of a school bus is responsible for determining that each such person is qualified under this section to operate a school bus and for assuring that only employees so qualified operate the employer's school buses.

SB234-AA1,16,3 (b) If an employer employs any person holding a commercial driver license to operate a school bus, the employer shall participate in the employer notification program under s. 343.247.

SB234-AA1, s. 26s Section 26s. 343.12 (4) (b) of the statutes is amended to read:

SB234-AA1,16,12 343.12 (4) (b) The department shall, by rule, establish standards for the employment by an employer of a person under par. (a) as an operator of a school bus in this state. The rules may require the person to meet the qualifications contained in sub. (2), (2m), or (3) and any rules of the department applicable to residents, except that the rules shall require the person to meet the qualifications contained in sub. (2) (dm) and (em). The rules shall also require the employer to perform the actions specified in s. 121.555 (3) (a) 1. and 3. An employer of a person under par. (a) is subject to the requirement under sub. (1m).

SB234-AA1, s. 26t Section 26t. 343.12 (9) of the statutes is renumbered 343.12 (9) (a).

SB234-AA1, s. 26u Section 26u. 343.12 (9) (bm) of the statutes is created to read:

SB234-AA1,16,16 343.12 (9) (bm) Any employer that violates sub. (1m) shall forfeit not less than $20 nor more than $400.

SB234-AA1, s. 26x Section 26x. Nonstatutory provisions.

SB234-AA1,16,24 (1) (a ) By the 30th day after the day of publication of this act, each private school participating in the program under section 118.60 or 119.23 of the statutes, as affected by this act, shall ensure that the results of all standard examinations administered in the previous 5 years to pupils attending the private school under section 118.60 or 119.23 of the statutes, as affected by this act, categorized by subject area, grade, sex, race, disability, and economic status, are provided to the department of public instruction. The department shall post the results on its Internet site.

SB234-AA1,17,5 (b) A private school participating in the program under section 118.60 or 119.23 of the statutes, as affected by this act, is not required to categorize the information under paragraph (a) 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-AA1,17,9 (2) The department of public instruction shall ensure that the school assessment guide required under section 115.28 (27) of the statutes, as created by this act, is available by the first day of the 10th month beginning after the effective date of this subsection.

SB234-AA1, s. 26y Section 26y. Initial applicability.

SB234-AA1,17,15 (1) The treatment of section 118.60 (6m) (e), (f), and (g), (7) (am) 1., (b) 10. and 11., and (10) (am) 4. of the statutes first applies to private schools participating in the program under section 118.60 of the statutes and to pupils who apply to attend, and to pupils who attend, a private school under section 118.60 of the statutes in the 2012-13 school year.

SB234-AA1,17,20 (2) The treatment of sections 119.16 (15) and 119.23 (6m) (e), (f), and (g), (7) (am) 1., (b) 10. and 11., and (f), and (10) (am) 4. of the statutes first applies to private schools participating in the program under section 119.23 of the statutes and to pupils who apply to attend, and to pupils who attend, a private school under section 119.23 of the statutes in the 2012-13 school year.

SB234-AA1,17,23 (3) The treatment of sections 115.28 (7) (b), 118.60 (7) (b) 9., and 119.23 (7) (b) 9. of the statutes first applies to a private school participating in the program under section 118.60 or 119.23 of the statutes in the 2013-14 school year.

SB234-AA1,18,3 (4) The treatment of section 118.19 (1) of the statutes first applies to a person seeking to teach in a private school participating in the program under section 118.60 or 119.23 of the statutes in the 2013-14 school year.

SB234-AA1, s. 26z Section 26z. Effective dates. This act takes effect on the day after publication, except as follows:

SB234-AA1,18,10 (1) The treatment of sections 118.60 (10) (a) 9., 119.23 (10) (a) 9., 121.53 (4) and (6), 121.555 (1) (intro.) and (b), (2) (intro.) and (cm), (2m), and (6) (a), 340.01 (56) (a) 1., 341.03 (title) and (1), and 343.12 (1m) and (4) (b) of the statutes, the renumbering of section 343.12 (9) of the statutes, and the creation of section 343.12 (9) (bm) of the statutes take effect on the first day of the 7th month beginning after publication.".

SB234-AA1,18,11 (End)