LRBb0742/1
TKK&PG:all:ph
2013 - 2014 LEGISLATURE
SENATE AMENDMENT 8,
TO ASSEMBLY BILL 40
June 20, 2013 - Offered by Senators Lehman, Wirch, Risser, Miller, Shilling,
Harris, Vinehout, Erpenbach, Hansen, Lassa and C. Larson.
AB40-SA8,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB40-SA8,1,3 31. Page 961, line 16: after that line insert:
AB40-SA8,1,4 4" Section 1730m. 115.28 (7) (b) of the statutes is amended to read:
AB40-SA8,2,25 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of
6applicants and granting and revocation of licenses or certificates under par. (a), the
7state superintendent shall grant certificates and licenses to teachers in private
8schools and tribal schools, except that teaching experience requirements for such
9certificates and licenses may be fulfilled by teaching experience in public, private,
10or tribal schools. An applicant is not eligible for a license or certificate unless the
11state superintendent finds that the private school or tribal school in which the
12applicant taught offered an adequate educational program during the period of the
13applicant's teaching therein. Private Except for a private school participating in a

1parental choice program under s. 118.60 or 119.23, private
schools are not obligated
2to employ only licensed or certified teachers.".
AB40-SA8,2,3 32. Page 966, line 22: delete that line.
AB40-SA8,2,4 43. Page 966, line 23: delete "119.23".
AB40-SA8,2,5 54. Page 966, line 25: after that line insert:
AB40-SA8,2,8 6"(3) Beginning in the 2014-15 school year, the department shall include in its
7annual school accountability report under sub. (1) each private school participating
8in a parental choice program under s. 118.60 or 119.23.".
AB40-SA8,2,10 95. Page 968, line 8: after "(2r)" insert "and of each private school participating
10in a parental choice program under s. 118.60 or 119.23
".
AB40-SA8,2,11 116. Page 968, line 11: after "charter" insert "or private".
AB40-SA8,2,13 127. Page 968, line 13: after "(2r)" insert "and of each private school participating
13in a parental choice program under s. 118.60 or 119.23
".
AB40-SA8,2,15 148. Page 968, line 16: after "readiness." insert " For a private school, this
15subsection applies only to pupils attending the school under s. 118.60 or 119.23.
".
AB40-SA8,2,16 169. Page 968, line 18: after that line insert:
AB40-SA8,2,17 17" Section 1755m. 118.016 (1g), (1r) and (2) of the statutes are amended to read:
AB40-SA8,2,2018 118.016 (1g) If a pupil is enrolled in a special education program under subch.
19V of ch. 115, the school board or operator of the charter school under s. 118.40 (2r)
20or private school under s. 118.60 or 119.23 shall comply with s. 115.77 (1m) (bg).
AB40-SA8,2,23 21(1r) The school board or governing body of the charter or private school shall
22report the results of a pupil's assessment under sub. (1) to the pupil's parent or
23guardian.
AB40-SA8,3,4
1(2) The school board of the school district or governing body of the charter or
2private
school in which the pupil is enrolled shall provide a pupil whose assessment
3under sub. (1) indicates that he or she is at risk of reading difficulty with
4interventions or remedial reading services, as described under s. 121.02 (1) (c).".
AB40-SA8,3,5 510. Page 968, line 25: after that line insert:
AB40-SA8,3,6 6" Section 1756m. 118.19 (1) of the statutes is amended to read:
AB40-SA8,3,117 118.19 (1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach
8in a public school, including a charter school, in a private school participating in a
9parental choice program under s. 118.60 or 119.23,
or in a school or institution
10operated by a county or the state shall first procure a license or permit from the
11department.".
AB40-SA8,3,12 1211. Page 972, line 3: after that line insert:
AB40-SA8,3,13 13" Section 1769m. 118.30 (5m) of the statutes is amended to read:
AB40-SA8,3,2014 118.30 (5m) When determining the percentage of pupils participating in the
15program under s. 119.23 who performed at designated proficiency levels on the
16examinations administered as required under sub. (1s), the department shall
17consider only the pupils participating in the program under s. 119.23 to whom the
18examinations were administered at each grade level, and shall
not exclude from
19consideration those pupils participating in the program under s. 119.23 who were
20excused from taking the examinations under sub. (2) (b) 5.
AB40-SA8,1778h 21Section 1778h. 118.305 (1) (gm) of the statutes is created to read:
AB40-SA8,3,2422 118.305 (1) (gm) "Pupil" excludes pupils who are attending a private school
23participating in a parental choice program under s. 118.60 or 119.23 but not under
24the parental choice program.
AB40-SA8,1778k
1Section 1778k. 118.305 (1) (h) of the statutes is amended to read:
AB40-SA8,4,32 118.305 (1) (h) "School" means a public school, including a charter school, and
3a private school participating in a parental choice program under s. 118.60 or 119.23
.
AB40-SA8,1778L 4Section 1778L. 118.33 (1) (f) 5. of the statutes is created to read:
AB40-SA8,4,95 118.33 (1) (f) 5. Beginning in the 2015-16 school year, the governing body of
6each private school participating in a parental choice program under s. 118.60 or
7119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting
8a high school diploma specified in pars. (a) and (b), with the exceptions provided in
9pars. (d) and (e).".
AB40-SA8,4,10 1012. Page 982, line 6: delete ", (bm),".
AB40-SA8,4,11 1113. Page 982, line 10: delete "par. (bm)" and substitute "subd. 1. am.".
AB40-SA8,4,12 1214. Page 982, line 17: after that line insert:
AB40-SA8,4,13 13" Section 1829o. 118.60 (2) (a) 1. am. of the statutes is created to read:
AB40-SA8,4,2214 118.60 (2) (a) 1. am. Beginning in the 2013-14 school year, the pupil is a
15member of a family that has a total family income that does not exceed an amount
16equal to 1.85 times the poverty level determined in accordance with criteria
17established by the director of the federal office of management and budget. In this
18subdivision and sub. (3m), family income includes income of the pupil's parents or
19legal guardians. The family income of the pupil shall be verified as provided in subd.
201. b. A pupil attending a private school under this section whose family income
21increases above the income level in this subd. 1. am. may continue to attend a private
22school under this section.".
AB40-SA8,4,23 2315. Page 985, line 22: after that line insert:
AB40-SA8,4,24 24" Section 1843m. 118.60 (2) (a) 9. of the statutes is created to read:
AB40-SA8,5,2
1118.60 (2) (a) 9. The private school has been in operation for the attendance of
2pupils for at least 2 school years.
AB40-SA8,1843n 3Section 1843n. 118.60 (2) (a) 10. of the statutes is created to read:
AB40-SA8,5,44 118.60 (2) (a) 10. The private school is located in this state.".
AB40-SA8,5,6 516. Page 986, line 12: delete lines 12 to 20, as affected by assembly
6amendment 3.
AB40-SA8,5,7 717. Page 986, line 25: after that line insert:
AB40-SA8,5,8 8" Section 1845m. 118.60 (2) (d) of the statutes is created to read:
AB40-SA8,5,109 118.60 (2) (d) No more than 49 percent of a private school's enrollment may
10consist of pupils attending the private school under this section.".
AB40-SA8,5,12 1118. Page 993, line 11: delete the material beginning with that line and ending
12with page 996, line 6, as affected by assembly amendment 3, and substitute:
AB40-SA8,5,13 13" Section 1848td. 118.60 (4) (b) (intro.) of the statutes is amended to read:
AB40-SA8,5,1814 118.60 (4) (b) (intro.) Except as provided in par. (bg), upon Upon receipt from
15the pupil's parent or guardian of proof of the pupil's enrollment in the private school
16during a school term, the state superintendent shall pay to the private school in
17which the pupil is enrolled on behalf of the pupil's parent or guardian, from the
18appropriation under s. 20.255 (2) (fr), an amount equal to the lesser of the following:
AB40-SA8,1848th 19Section 1848th. 118.60 (4) (b) 2. of the statutes is repealed.
AB40-SA8,1848tp 20Section 1848tp. 118.60 (4) (b) 3. and 4. of the statutes are created to read:
AB40-SA8,5,2321 118.60 (4) (b) 3. The average of the tuition paid by a pupil attending the private
22school, but not under the program under this section or the program under s. 119.23,
23in the current and 2 preceding school years.
AB40-SA8,5,2424 4. $6,442.
AB40-SA8,1848tt
1Section 1848tt. 118.60 (4) (bg) of the statutes is repealed.".
AB40-SA8,6,2 219. Page 996, line 9: delete "(b) 1." and substitute "(b) 1.".
AB40-SA8,6,3 320. Page 996, line 9: delete "(bg)".
AB40-SA8,6,4 421. Page 996, line 12: delete lines 12 to 25.
AB40-SA8,6,5 522. Page 997, line 7: delete lines 7 to 25.
AB40-SA8,6,6 623. Page 997, line 14: delete "(bg)" and substitute "(b)".
AB40-SA8,6,7 724. Page 998, line 11: delete "(b) or (bg)" and substitute "(b) or (bg)".
AB40-SA8,6,8 825. Page 999, line 13: delete "(b) 1 (bg)" and substitute "(b) 1".
AB40-SA8,6,9 926. Page 1000, line 3: after that line insert:
AB40-SA8,6,10 10" Section 1855h. 118.60 (7) (b) 9. of the statutes is created to read:
AB40-SA8,6,1511 118.60 (7) (b) 9. Permit public inspection and copying of any record, as defined
12in s. 19.32 (2), of the private school to the same extent as required of, and subject to
13the same terms and enforcement provisions that apply to, a school board under
14subch. II of ch. 19. This subdivision applied only to records that relate to pupils
15attending the private school under this section.".
AB40-SA8,6,16 1627. Page 1000, line 6: after that line insert:
AB40-SA8,6,17 17" Section 1856f. 118.60 (7) (b) 3m. of the statutes is amended to read:
AB40-SA8,7,518 118.60 (7) (b) 3m. Annually, schedule 2 meetings at least one meeting each
19month
at which members of the governing body of the private school will be present
20and at which pupils, and the parents or guardians of pupils, applying to attend the
21private school or attending the private school may meet and communicate with the
22members of the governing body. The meetings shall be open to the public. The
23private school shall, within 30 days after the start of the school term, notify the

1department in writing of the scheduled meeting dates and shall, at least 30 days
2before the scheduled meeting date, notify in writing each pupil, or the parent or
3guardian of each minor pupil, applying to attend the private school or attending the
4private school of the meeting date, time, and place. The private school shall provide
5notice of the meetings in the manner provided in s. 19.84.
".
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