Amendment ASA1-AB40

AB40-ASA1,1812 Section 1812. 118.52 (1) (a) of the statutes is renumbered 118.52 (1) (ar).

AB40-ASA1,1813 Section 1813. 118.52 (1) (am) of the statutes is created to read:

AB40-ASA1,975,17 118.52 (1) (am) "Educational institution" includes a public school in a nonresident school district, the University of Wisconsin System, a technical college, a nonprofit institution of higher education, a tribal college, a charter school, and any nonprofit organization that has been approved by the department.

AB40-ASA1,1814 Section 1814. 118.52 (2) of the statutes is amended to read:

AB40-ASA1,975,24 118.52 (2) Applicability. Beginning in the 1998-99 school year, a A pupil enrolled in a public school in the high school grades may attend public school in a nonresident school district an educational institution under this section for the purpose of taking a course offered by the nonresident school district educational institution. A pupil may attend no more than 2 courses at any time in nonresident school districts at educational institutions under this section.

AB40-ASA1,1815 Section 1815. 118.52 (3) (a) of the statutes is amended to read:

AB40-ASA1,976,10 118.52 (3) (a) The parent of a pupil who wishes to attend public school in a nonresident school district an educational institution for the purpose of taking a course under this section shall submit an application, on a form provided by the department, to the school board of the nonresident school district in which educational institution at which the pupil wishes to attend a course not later than 6 weeks prior to the date on which the course is scheduled to commence. The application shall specify the course that the pupil wishes to attend and may specify the school or schools at which the pupil wishes to attend the course. The nonresident school board educational institution shall send a copy of the application to the pupil's resident school board.

AB40-ASA1,1816 Section 1816. 118.52 (3) (b) of the statutes is amended to read:

AB40-ASA1,976,15 118.52 (3) (b) If a nonresident school board an educational institution receives more applications for a particular course than there are spaces available in the course, the nonresident school board educational institution shall determine which pupils to accept on a random basis.

AB40-ASA1,1817 Section 1817. 118.52 (3) (c) of the statutes is amended to read:

AB40-ASA1,976,24 118.52 (3) (c) No later than one week prior to the date on which the course is scheduled to commence, the nonresident school board educational institution shall notify the applicant and the resident school board, in writing, whether the application has been accepted and, if the application is accepted, the school at which the pupil may attend the course. The acceptance applies only for the following semester, school year or other session in which the course is offered. If the nonresident school board educational institution rejects an application, it shall include in the notice the reason for the rejection.

AB40-ASA1,1818 Section 1818. 118.52 (3) (d) 1. of the statutes is amended to read:

AB40-ASA1,977,4 118.52 (3) (d) 1. If it denies an application to attend public school in a nonresident school district an educational institution under sub. (6), notify the applicant and the nonresident school board educational institution, in writing, that the application has been denied and include in the notice the reason for the rejection.

AB40-ASA1,1819 Section 1819. 118.52 (3) (e) of the statutes is amended to read:

AB40-ASA1,977,10 118.52 (3) (e) Following receipt of a notice of acceptance but prior to the date on which the course is scheduled to commence, the pupil's parent shall notify the resident school board and nonresident school board the educational institution of the pupil's intent to attend the course in at the nonresident school district educational institution.

AB40-ASA1,1820 Section 1820. 118.52 (6) (a) of the statutes is amended to read:

AB40-ASA1,977,16 118.52 (6) (a) Individualized education program requirements. The school board of a pupil's resident school district shall reject a pupil's application to attend a course in a public school in a nonresident school district at an educational institution if the resident school board determines that the course conflicts with the individualized education program for the pupil under s. 115.787 (2).

AB40-ASA1,1821 Section 1821. 118.52 (6) (b) of the statutes is repealed.

AB40-ASA1,1822 Section 1822. 118.52 (6) (c) of the statutes is created to read:

AB40-ASA1,977,22 118.52 (6) (c) Pupil plan; high school graduation requirements. The school board of a pupil's resident school district may reject an application by a pupil to attend a course at an educational institution if the resident school board determines that any of the following apply:

AB40-ASA1,977,24 1. The course does not satisfy a high school graduation requirement under s. 118.33.

AB40-ASA1,978,2 2. The course does not conform to or support the pupil's academic and career plan under s. 115.28 (59) (a), if any.

AB40-ASA1,1823 Section 1823. 118.52 (8) of the statutes is amended to read:

AB40-ASA1,978,10 118.52 (8) Appeal of rejection. If an application is rejected under sub. (5) (3) (c) or a pupil is prohibited from attending a course in a public school in a nonresident school district at an educational institution under sub. (6), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.

AB40-ASA1,1824 Section 1824. 118.52 (9) of the statutes is amended to read:

AB40-ASA1,978,16 118.52 (9) Rights and privileges of nonresident pupils. A pupil attending a course in a public school in a nonresident school district at an educational institution under this section has all of the rights and privileges of other pupils residing in that school district attending the educational institution and is subject to the same rules and regulations as those pupils residing in that school district.

AB40-ASA1,1825 Section 1825. 118.52 (10) of the statutes is amended to read:

AB40-ASA1,978,25 118.52 (10) Disciplinary records. Notwithstanding s. 118.125, the resident school board shall provide to the nonresident school board educational institution to which a pupil has applied under this section, upon request by that school board educational institution, a copy of any expulsion findings and orders, a copy of records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.

AB40-ASA1,1826 Section 1826. 118.52 (11) (a) and (b) of the statutes are amended to read:

AB40-ASA1,979,5 118.52 (11) (a) Responsibility. The parent of a pupil attending a course in a public school in a nonresident school district at an educational institution under this section is responsible for transporting the pupil to and from the course that the pupil is attending.

AB40-ASA1,979,15 (b) Low-income assistance. The parent of a pupil who is attending a course in a public school in a nonresident school district at an educational institution under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the school at which educational institution that the pupil is attending for the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The department shall give preference under this paragraph to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).

AB40-ASA1,1827 Section 1827. 118.52 (12) of the statutes is amended to read:

AB40-ASA1,979,24 118.52 (12) Tuition. The resident school board shall pay to the nonresident school board educational institution, for each resident pupil attending a course in a public school in the nonresident school district at the educational institution under this section, an amount equal to the cost of providing the course to the pupil, calculated in a manner determined by the department. The educational institution may not charge to or receive from the pupil or the pupil's resident school board any additional payment for a pupil attending a course at the educational institution under this section.

AB40-ASA1,1828 Section 1828. 118.53 of the statutes is created to read:

AB40-ASA1,980,3 118.53 Attendance by pupils enrolled in a home-based private educational program. (1) In this section, "course" means study which has the fundamental purposes of developing the knowledge, concepts, and skills in a subject.

AB40-ASA1,980,6 (2) In addition to the standards for admission under ss. 118.14, 118.145 (1), and 120.12 (25), the school board of a district shall determine the minimum standards for admission to a course offered by the school district at each grade.

AB40-ASA1,980,11 (3) A school board shall allow a pupil enrolled in a home-based private educational program, who has met the standards for admission to the course under sub. (2), to attend up to 2 courses at a public school in the district during each school semester if the school board determines that there is sufficient space in the classroom.

AB40-ASA1,980,14 (4) A pupil enrolled in a home-based private educational program and attending a public school under this section may attend one course in each of 2 school districts, but may not attend more than 2 courses in any semester.

AB40-ASA1,1828g Section 1828g. 118.56 of the statutes is created to read:

AB40-ASA1,980,20 118.56 Work based learning programs. A school board, a governing body of a charter school established under s. 118.40 (2r), or a governing body of a private school may create a work based learning program for pupils in grades 9 to 12. A school board or governing body that creates a work based learning program under this section shall create the program to do all of the following:

AB40-ASA1,980,23 (1) Require a pupil in the program to work at least 280 hours per school year for an employer that complies with sub. (3). Hours of instruction may not be used to satisfy the work requirements under this subsection.

AB40-ASA1,981,3 (2) Require a pupil to complete the required work hours by working no fewer than 40 and no more than 50 days per school year, by working no fewer than 6 and no more than 8 hours per day, and by working no more than 2 days per week.

AB40-ASA1,981,5 (3) Require that an employer who participates in the program do all of the following:

AB40-ASA1,981,8 (a) Comply with state child labor laws under ss. 103.21 to 103.31 and 103.64 to 103.82 and any applicable federal labor law requirements for age and immigration status.

AB40-ASA1,981,10 (b) Provide each pupil with occupational training and work based learning experiences.

AB40-ASA1,981,12 (c) Provide each pupil with at least 30 hours of training while employing the pupil.

AB40-ASA1,981,14 (d) Provide each pupil with a mentor who supervises the pupil's work and provides the pupil with a year-end evaluation.

AB40-ASA1,981,15 (e) Provide a year-end evaluation to the pupil.

AB40-ASA1,981,17 (4) Provide transportation to and from the workplace at no cost to the pupil or the pupil's family.

AB40-ASA1,981,21 (5) In determining eligibility for the program, allow the school board or governing body to require a pupil to demonstrate employability through an interview process, teacher recommendations, or previous work, internship, or volunteer experience.

AB40-ASA1,981,23 (6) Require that a pupil who wishes to participate in the program enter into a signed agreement with the participating school and the pupil's parent or guardian.

AB40-ASA1,1829 Section 1829. 118.60 (title) of the statutes is amended to read:

AB40-ASA1,982,2 118.60 (title) Parental choice programs program for eligible school districts and other school districts.

AB40-ASA1,1829e Section 1829e. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,982,8 118.60 (2) (a) (intro.) Subject to par. (b), any Any pupil in grades kindergarten to 12 who resides within an eligible school district may attend any private school under this section and, subject to pars. (be), (bm), and (bs), any pupil who resides in a school district, other than an eligible school district or a 1st class city school district, may attend any private school under this section if all of the following apply:

AB40-ASA1,1829m Section 1829m. 118.60 (2) (a) 1. a. of the statutes is amended to read:

AB40-ASA1,982,17 118.60 (2) (a) 1. a. The Except as provided in par. (bm), 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 verified 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-ASA1,1829s Section 1829s. 118.60 (2) (a) 2. (intro.) of the statutes is amended to read:

AB40-ASA1,982,20 118.60 (2) (a) 2. (intro.) The For a pupil that resides in an eligible school district, the pupil satisfies one or more of the following:

AB40-ASA1,1840 Section 1840. 118.60 (2) (a) 3. a. of the statutes is amended to read:

AB40-ASA1,983,3 118.60 (2) (a) 3. a. Except as provided in subd. 3. b. and c., the private school notified the state superintendent of its intent to participate in the program under this section or in the program under s. 119.23, and paid the nonrefundable fee, set by the department as required under s. 119.23 (2) (a) 3., by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section and in the program under s. 119.23 for which the school has space.

AB40-ASA1,1840e Section 1840e. 118.60 (2) (a) 3. c. of the statutes is created to read:

AB40-ASA1,983,15 118.60 (2) (a) 3. c. For a private school that intends to participate in the program under this section and to accept pupils who reside in a school district, other than an eligible school district or a 1st class city school district, in the 2013-14 school year, the private school notified the state superintendent of its intent to participate and paid the nonrefundable fee set by the department as required under s. 119.23 (2) (a) 3. by July 26, 2013. The private school shall include an electronic mail address on the notice of intent to participate and shall specify the number of pupils who reside in a school district, other than an eligible school district or a 1st class city school district, for which the school has space. The department shall notify the private school that it has received the notice of intent to participate in writing and by electronic mail by July 31, 2013.

AB40-ASA1,1840m Section 1840m. 118.60 (2) (a) 6. a. of the statutes is amended to read:

AB40-ASA1,983,19 118.60 (2) (a) 6. a. Except as provided in subd. 6. c. and d., all of the private school's teachers have a bachelor's degree from an accredited institution of higher education.

AB40-ASA1,1840s Section 1840s. 118.60 (2) (a) 6. d. of the statutes is created to read:

AB40-ASA1,984,10 118.60 (2) (a) 6. d. Any teacher employed on July 1, 2013, by a private school that accepts pupils under the program who reside in a school district, other than an eligible school district or a 1st class city school district, who has been teaching for at least the 5 consecutive years immediately preceding that July 1, and who does not satisfy the requirements under subd. 6. a. on that July 1, applies to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 6. a. The department shall promulgate rules to implement this subd. 6. d., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under subd. 6. a., including the name of the accredited institution of higher education at which the teacher is pursuing or will pursue the bachelor's degree and the anticipated date on which the teacher expects to complete the bachelor's degree. No waiver granted under this subd. 6. d. is valid after July 31 of the 5th school year that begins after July 1, 2013.

AB40-ASA1,1843 Section 1843. 118.60 (2) (a) 7. of the statutes is amended to read:

AB40-ASA1,985,22 118.60 (2) (a) 7. For a private school that is a first-time participant in the program under this section or in the program under s. 119.23, and that is not accredited by Wisconsin North Central Association, Wisconsin Religious and Independent School Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, Wisconsin Association of Christian Schools, the diocese or archdiocese within which the private school is located, or by any other organization recognized by the National Council for Private Schools Accreditation, the private school obtains preaccreditation by the Institute for the Transformation of Learning at Marquette University, Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, or the diocese or archdiocese within which the private school is located by September August 1 before the first school term of participation in the program under this section or in the program under s. 119.23 that begins after August 31, 2011; by July 1, 2013; August 1 before the first school term of participation in the program under this section that begins in the first school year that begins after a school district is identified as an eligible school district under sub. (1m); or by May 1 if the private school begins participation in the program under this section or in the program under s. 119.23 during summer school. In any school year, a private school may apply for and seek to obtain preaccreditation from only one of the entities enumerated in this subdivision. A private school that fails to obtain accreditation preaccreditation in a school year may apply for and seek to obtain preaccreditation from one of the entities enumerated in this subdivision in the following school year. The private school shall achieve accreditation by Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, Wisconsin Association of Christian Schools, the diocese or archdiocese within which the private school is located, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year in which the private school begins participation in the program under this section. If the private school is accredited under this subdivision, the private school is not required to obtain preaccreditation as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

AB40-ASA1,1844 Section 1844. 118.60 (2) (b) of the statutes is repealed.

AB40-ASA1,1844e Section 1844e. 118.60 (2) (be) of the statutes is created to read:

AB40-ASA1,986,4 118.60 (2) (be) 1. In the 2013-14 school year, no more than 500 pupils, as counted under s. 121.004 (7), who reside in a school district, other than an eligible school district or a 1st class city school district, may attend private schools under this section.

AB40-ASA1,986,8 2. In the 2014-15 school year and in each school year thereafter, no more than 1,000 pupils, as counted under s. 121.004 (7), who reside in a school district, other than an eligible school district or a 1st class city school district, may attend private schools under this section.

AB40-ASA1,986,11 3. In any school year, no more than 1 percent of the membership, as defined under s. 121.004 (5), of any one school district, other than an eligible school district or a 1st class city school district, may attend private schools under this section.

AB40-ASA1,1844m Section 1844m. 118.60 (2) (bm) of the statutes is created to read:

AB40-ASA1,986,20 118.60 (2) (bm) No pupil who resides in a school district, other than an eligible school district or a 1st class city school district, may attend a participating private school under this section unless the pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.85 times the poverty level, determined in accordance with criteria established by the director of the federal office of management and budget. In this paragraph and sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be verified as provided in par. (a) 1. b.

AB40-ASA1,1844s Section 1844s. 118.60 (2) (bs) of the statutes is created to read:

AB40-ASA1,986,25 118.60 (2) (bs) In the 2013-14 and 2014-15 school years, a private school may accept pupils who reside in a school district, other than an eligible school district or a 1st class city school district, under this section only if the private school was operating as a private school on May 1, 2013.

AB40-ASA1,1847 Section 1847. 118.60 (3) (a) of the statutes is renumbered 118.60 (3) (a) (intro.) and amended to read:

AB40-ASA1,987,15 118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. Within 60 days after receiving the application, the private school shall notify each applicant, in writing, whether his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. A private Subject to pars. (ag) and (ar), a private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. The Except as provided in pars. (ag) and (ar) the state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis. any of the following:

AB40-ASA1,1848 Section 1848. 118.60 (3) (a) 1. to 3. of the statutes are created to read:

AB40-ASA1,987,19 118.60 (3) (a) 1. Pupils who attended the private school under this section during the school year prior to the school year for which the application is being made.

AB40-ASA1,987,23 2. Siblings of pupils who attended the private school during the school year prior to the school year for which the application is being made and to siblings of pupils who have been accepted to the private school for the school year for which the application is being made.

AB40-ASA1,988,3 3. Pupils who attended another private school under this section or s. 119.23 during the school year prior to the school year for which the application is being made.

AB40-ASA1,1848d Section 1848d. 118.60 (3) (ag) of the statutes is created to read:

AB40-ASA1,988,8 118.60 (3) (ag) 1. In the 2013-14 school year, a private school that has submitted a notice of intent to participate under sub. (2) (a) 3. c. may begin accepting applications beginning on August 1, 2013, from pupils who reside in a school district, other than an eligible school district or a 1st class city school district.

AB40-ASA1,988,14 2. By August 9, 2013, each private school that has received applications under subd. 1. shall report to the department the name of each pupil who has applied to attend the private school under this section, the total number of pupils that have applied to attend the private school under this section, the names of those applicants that have siblings who have also applied to attend the private school under this section, and the number of such sibling applicants.

AB40-ASA1,988,19 3. Upon receipt of the information under subd. 2., the department shall determine the sum of all applicants under this paragraph. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program only once. After determining the sum of all applicants, the department shall do one of the following:

AB40-ASA1,988,23 a. If the total number of applicants does not exceed the pupil participation limit established under sub. (2) (be) 1., the department shall immediately notify the private schools that all applicants reported under subd. 2. may be accepted into the private schools under the program for the 2013-14 school year.