Amendment ASA1-AB40

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.

AB40-ASA1,989,13 b. If the total number of applicants exceeds the pupil participation limit established under sub. (2) (be) 1., the department shall notify those 25 private schools that received the most applications that the 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. Upon the request of the governing body of a private school, the department shall include in its count of 25 private schools more than one unique campus location of a private school operating under one federal tax identification number if each such campus location otherwise qualifies to be included in the count under this subd. 3. b. The department shall allocate to each of the 25 private schools 10 pupil slots and shall fill each slot by random drawing. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling. The department shall fill the remaining 250 spaces by random drawing from applications submitted to those 25 schools. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling.

AB40-ASA1,989,16 4. The department shall establish and maintain a waiting list for those applicants who were not selected in a random drawing conducted under subd. 3. b., and shall give preference to siblings.

AB40-ASA1,989,23 5. a. A private school that has been authorized to accept pupils under subd. 3. a. may accept additional applications from pupils who reside in a school district, other than an eligible school district or a 1st class city school district, and who wish to attend the private school under this section, only during the periods that apply to an eligible school district. If a private school accepts additional applications from pupils as permitted under this subd. 5. a., the private school shall notify the department each time the private school receives an application.

AB40-ASA1,990,3 b. If, upon receipt of a notice under subd. 5. a., the department determines that the total number of pupils who have applied to attend private schools under this paragraph will exceed the pupil participation limit under sub. (2) (be) 1., the department shall establish and administer a waiting list in the manner provided under subd. 4.

AB40-ASA1,990,12 6. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. The department shall fill any such available slot with a pupil selected at random from a waiting list established under subd. 4., if such a waiting list exists, but shall give preference to a sibling of a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, and who is attending the private school under this section.

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

AB40-ASA1,990,18 118.60 (3) (ar) 1. In the 2014-15 school year and any school year thereafter, a private school that has submitted a notice of intent to participate under sub. (2) (a) 3. a. may accept applications for the following school year between February 1 and April 20 from pupils who reside in a school district, other than an eligible school district or a 1st class city school district.

AB40-ASA1,990,25 2. By May 1, 2014, and by May 1 of any school year thereafter, 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-ASA1,991,5 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-ASA1,991,9 a. If the total number of applicants does not exceed the pupil participation limit established under sub. (2) (be) 2., 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 next school year.

AB40-ASA1,991,17 b. If the total number of applicants exceeds the pupil participation limit established under sub. (2) (be) 2., the department shall allocate to those private schools that participated in the program in the preceding school year the same number of slots held by pupils participating in the program under this section in that school year. The department shall allocate the remaining slots to those private schools that received the most applications in the manner set forth under par. (ag) 3. b. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling.

AB40-ASA1,991,20 4. The department shall establish and maintain a waiting list for those applicants who were not selected in a random drawing conducted under subd. 3. b., and shall give preference to siblings.

AB40-ASA1,992,2 5. a. A private school that has been authorized to accept pupils under subd. 3. a. may accept additional applications from pupils who reside in a school district, other than an eligible school district or a 1st class city school district, and who wish to attend the private school under this section, only during the periods that apply to an eligible school district. If a private school accepts additional applications from pupils as permitted under this subd. 5. a., the private school shall notify the department each time the private school receives an application.

AB40-ASA1,992,7 b. If, upon receipt of a notice under subd. 5. a., the department determines that the total number of pupils who have applied to attend private schools under this paragraph will exceed the pupil participation limit under sub. (2) (be) 2., the department shall establish and administer a waiting list in the manner provided under subd. 4.

AB40-ASA1,992,15 6. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. The department shall fill any such available slot with a pupil selected at random from a waiting list established under subd. 4., if such a waiting list exists, but shall give preference to a sibling of a pupil who resides in a school district other than an eligible school district and who is attending the private school under this section.

AB40-ASA1,1848p Section 1848p. 118.60 (3) (b) of the statutes is amended to read:

AB40-ASA1,993,2 118.60 (3) (b) If the a participating private school rejects an applicant who resides within an eligible school district because it the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant rejected under this paragraph may be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside within an eligible school district. The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.

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

AB40-ASA1,993,10 118.60 (3) (c) If a participating private school rejects an applicant who resides in a school district, other than an eligible school district or a 1st class city school district, because the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant rejected under this paragraph may, subject to sub. (2) (be), be admitted to a private school participating in the program under this section for the following school year.

AB40-ASA1,1849 Section 1849. 118.60 (4) (b) of the statutes is repealed.

AB40-ASA1,1850 Section 1850. 118.60 (4) (bg) of the statutes is renumbered 118.60 (4) (bg) 1. and amended to read:

AB40-ASA1,993,20 118.60 (4) (bg) 1. In the 2011-12 and 2012-13 2013-14 school years year, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or $6,442, whichever is less.

AB40-ASA1,1851 Section 1851. 118.60 (4) (bg) 2. of the statutes is created to read:

AB40-ASA1,994,5 118.60 (4) (bg) 2. Except as provided in subd. 4., in the 2014-15 school year, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), the lesser of an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or an amount either of $7,210, if the pupil is enrolled in a grade from kindergarten to 8, or of $7,856, if the pupil is enrolled in a grade from 9 to 12.

AB40-ASA1,1851c Section 1851c. 118.60 (4) (bg) 3. of the statutes is created to read:

AB40-ASA1,994,11 118.60 (4) (bg) 3. In the 2015-16 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), the lesser of the following:

AB40-ASA1,994,13 a. An amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department.

AB40-ASA1,994,20 b. Except as provided in subd. 5., an amount equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB40-ASA1,1851f Section 1851f. 118.60 (4) (bg) 4. of the statutes is created to read:

AB40-ASA1,995,3 118.60 (4) (bg) 4. If a pupil is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), the lesser of an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or an amount determined as follows:

AB40-ASA1,995,6 a. Multiply the number of pupils participating in the program under this section who are enrolled in the private school in any grade between kindergarten to 8 by $7,210.

AB40-ASA1,995,8 b. Multiply the number of pupils participating in the program under this section who are enrolled in the private school in any grade between 9 to 12 by $7,856.

AB40-ASA1,995,9 c. Add the amounts determined under subd. 4. a. and b.

AB40-ASA1,995,12 d. Divide the amount determined under subd. 4. c. by the total number of pupils participating in the program under this section who are enrolled at the private school.

AB40-ASA1,1851h Section 1851h. 118.60 (4) (bg) 5. of the statutes is created to read:

AB40-ASA1,995,17 118.60 (4) (bg) 5. If a pupil is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, an amount determined under subd. 4. a. to d., with the following modifications:

AB40-ASA1,995,24 a. The number of pupils participating in the program who are enrolled in the private school in any grade between kindergarten to 8 is multiplied by the sum of the multiplier used for the previous school year; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB40-ASA1,996,6 b. The number of pupils participating in the program who are enrolled in the private school in any grade between 9 to 12 is multiplied by the sum of the multiplier used for the previous school year; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB40-ASA1,1852 Section 1852. 118.60 (4) (d) (intro.) of the statutes is amended to read:

AB40-ASA1,996,11 118.60 (4) (d) (intro.) In determining a private school's operating and debt service cost per pupil under par. (b) 1. and sub. (4m) (a) (bg), the department shall do all of the following, but may not determine separate costs for pupils enrolled in grades kindergarten to 8 and for pupils enrolled in grades 9 to 12:

AB40-ASA1,1852d Section 1852d. 118.60 (4) (d) 2. of the statutes is amended to read:

AB40-ASA1,996,25 118.60 (4) (d) 2. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party, there is no other mechanism to include the private school's facilities costs in the calculation of its operating and debt service cost, and the private school requests that the department do so, include an amount equal to 10.5 percent of the fair market value of the school and its premises. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party but the private school was not permitted to include an amount equal to 10.5 percent of the fair market value of the school and its premises in the 2012-13 school year, the private school may, beginning on the effective date of this subdivision .... [LRB inserts date], request the department to include that amount. A request made by a private school under this subdivision remains effective in subsequent school years and may not be withdrawn by the private school.

AB40-ASA1,1852g Section 1852g. 118.60 (4) (d) 4. of the statutes is created to read:

AB40-ASA1,997,6 118.60 (4) (d) 4. Permit a private school to accumulate up to 15 percent of the private school's annual operating and debt service costs related to educational programming in a reserve account and include any increase to that reserved amount in the department's determination of the private school's operating and debt service costs related to programming for that school year.

AB40-ASA1,1852j Section 1852j. 118.60 (4m) of the statutes is repealed and recreated to read:

AB40-ASA1,997,12 118.60 (4m) (a) In addition to the payment under sub. (4), the state superintendent shall, subject to par. (b), pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending summer school in the private school under this section during a summer and in the manner described in sub. (4) (c), an amount determined as follows:

AB40-ASA1,997,15 1. Determine the maximum amount that could have been paid, at the end of the immediately preceding school term, per pupil under sub. (4) (bg) for the grade in which the pupil is attending summer school under this section.

AB40-ASA1,997,16 2. Multiply the amount under subd. 1. by 0.05.

AB40-ASA1,997,18 (b) A participating private school may receive a per pupil payment under par. (a) if all of the following are satisfied:

AB40-ASA1,997,20 1. The private school offers no fewer than 19 summer days of instruction during that summer.