AB239-ASA1,1,4 1An Act to amend 118.30 (2) (b) 3. to 6.; and to create 115.385 (1r), 118.30 (2) (b)
27., 118.30 (2) (b) 8. and 118.303 of the statutes; relating to: allowing a pupil's
3parent or guardian to opt out of certain statewide examinations and providing
4information about mandatory pupil examinations.
Analysis by the Legislative Reference Bureau
This substitute amendment requires, upon request of a parent or guardian, a
school board, operator of an independent charter school, and governing body of a
private school participating in a parental choice program to excuse a pupil enrolled
in any grade from 3 to 12 from taking any examination required under state or
federal law, except for an examination that is a high school graduation requirement.
Under current law, upon request from a parent or guardian, a school board, an
operator of an independent charter school, and a governing body of a private school
participating in a parental choice program must excuse a pupil in 4th, 8th, 9th, 10th,
or 11th grade from taking the knowledge and concepts examination adopted by the
state superintendent of public instruction that is required to be administered to
pupils in that grade.
The substitute amendment prohibits the Department of Public Instruction
(DPI) from considering how many pupils enrolled in a school or school district have
been excused from taking an examination required under state or federal law for

purposes of the annual school and school district accountability report published by
DPI. The substitute amendment also prohibits a school board, school district
administrator, principal, governing body and administrator of a private school
participating in a parental choice program, and operator of an independent charter
school from encouraging or counseling a parent or guardian to request that their
child be excused from taking a knowledge and concepts examination.
Finally, this substitute amendment requires, beginning in the 2016-17 school
year, each school board and operator of an independent charter school to annually
provide the parent or guardian of each pupil enrolled in the school district or the
independent charter school with a copy of, or access to, a summary of the pupil
examinations that it is required to administer under state and federal law, as well
any examinations the school board or operator requires to assess pupil, school, or
school district performance. The governing body of a private school participating in
a parental choice program is required to provide a copy of, or access to, a summary
containing the same information to the parent or guardian of each pupil who is
attending the private school under a parental choice program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB239-ASA1,1 1Section 1. 115.385 (1r) of the statutes is created to read:
AB239-ASA1,2,52 115.385 (1r) For purposes of measuring a school's performance and a school
3district's improvement under sub. (1), the department may not consider how many
4pupils enrolled in the school or school district have been excused from taking
5examinations under s. 118.30 (2) (b) 3. to 6.
AB239-ASA1,2 6Section 2. 118.30 (2) (b) 3. to 6. of the statutes are amended to read:
AB239-ASA1,2,107 118.30 (2) (b) 3. Upon the request of a pupil's the parent or guardian of a pupil
8enrolled in any grade from 3 to 12
, the school board shall excuse the pupil from taking
9an any examination required under state or federal law, including any examination
10administered under sub. (1m).
AB239-ASA1,3,211 4. Upon the request of a pupil's the parent or guardian of a pupil enrolled in
12any grade from 3 to 12
, the operator of a charter school under s. 118.40 (2r) shall

1excuse the pupil from taking an any examination required under state or federal law,
2including any
examination administered under sub. (1r).
AB239-ASA1,3,73 5. Upon the request of a pupil's the parent or guardian of a pupil enrolled in
4any grade from 3 to 12
, the governing body of a private school participating in the
5program under s. 119.23 shall excuse the pupil from taking an any examination
6required under state or federal law, including any
examination administered under
7sub. (1s) (a) to (cm) (d).
AB239-ASA1,3,128 6. Upon the request of a pupil's the parent or guardian of a pupil enrolled in
9any grade from 3 to 12
, the governing body of a private school participating in the
10program under s. 118.60 shall excuse the pupil from taking an any examination
11required under state or federal law, including any
examination administered under
12sub. (1t) (a) to (cm) (d).
AB239-ASA1,3 13Section 3. 118.30 (2) (b) 7. of the statutes is created to read:
AB239-ASA1,3,1514 118.30 (2) (b) 7. Subdivisions 3. to 6. do not apply to an examination that is
15required for high school graduation.
AB239-ASA1,4 16Section 4. 118.30 (2) (b) 8. of the statutes is created to read:
AB239-ASA1,3,2217 118.30 (2) (b) 8. No school board, school district administrator, principal of a
18public school, operator of a charter school under s. 118.40 (2r), administrator, as
19defined in s. 118.60 (1) (ad) or 119.23 (1) (ae), or governing body of a private school
20participating in the program under s. 118.60 or 119.23 may encourage or counsel a
21parent or guardian to make a request under subds. 3 to 6. to excuse a pupil from
22taking an examination.
AB239-ASA1,5 23Section 5. 118.303 of the statutes is created to read:
AB239-ASA1,4,3 24118.303 Notice of pupil assessments. (1) (a) Annually, beginning in the
252016-17 school year, before any examination required to be included in the summary

1under sub. (2) (a) is administered, each school board and the operator of each charter
2school under s. 118.40 (2r) shall provide to the parent or guardian of each pupil
3enrolled in a public school in the school district or charter school one of the following:
AB239-ASA1,4,54 1. A copy of the summary the school board or operator prepared under sub. (2)
5for that school year.
AB239-ASA1,4,66 2. Instructions on how to access or obtain the summary under sub. (2).
AB239-ASA1,4,117 (b) Annually, in each school year, before any examination required to be
8included in the summary under sub. (2) (a) is administered, the governing body of
9each private school participating in a parental choice program under s. 118.60 or
10119.23 shall provide to the parent or guardian of each pupil attending the private
11school under the parental choice program one of the following:
AB239-ASA1,4,1312 1. A copy of the summary the governing body prepared under sub. (2) for that
13school year.
AB239-ASA1,4,1414 2. Instructions on how to access or obtain the summary under sub. (2).
AB239-ASA1,4,19 15(2) Annually, using the best available information, each school board, operator
16of a charter school under s. 118.40 (2r), and governing body of a private school
17participating in a parental choice program under s. 118.60 or 119.23 shall prepare
18a summary written in commonly understood language that includes all of the
19following:
AB239-ASA1,4,2320 (a) 1. Each examination required under state or federal law that will be
21administered to pupils enrolled in a public school in the school district, the charter
22school, or the private school, except an examination that is required for high school
23graduation.
AB239-ASA1,5,324 2. Each examination required by the school board, operator, or governing body
25to assess pupil, school, or school district performance that will be administered to

1pupils enrolled in a public school in the school district, the charter school, or the
2private school, except an examination that counts toward a grade or score for a class
3or that is required for high school graduation.
AB239-ASA1,5,54 (b) The grade level to which each examination identified under par. (a) will be
5administered.
AB239-ASA1,5,76 (c) The expected date on which each examination identified under par. (a) will
7be administered.
AB239-ASA1,5,88 (d) The duration of each examination identified under par. (a).
AB239-ASA1,5,119 (em) The process the school board, operator, or governing body uses to
10determine an appropriate alternative in-school activity for pupils who have been
11excused from taking an examination identified under par. (a).
AB239-ASA1,5,1412 (g) The school board's, charter school's, or private school's policies and
13procedures regarding a parent or guardian opting a pupil out of any examination
14identified under par. (a).
AB239-ASA1,5,1715 (h) The purpose of administering each examination identified under par. (a)
16and a description of how the school board, operator of the charter school, or governing
17body of the private school will use data derived from each identified examination.
AB239-ASA1,5,21 18(3) If a school board, operator of a charter school under s. 118.40 (2r), or
19governing body of a private school participating in a parental choice program under
20s. 118.60 or 119.23 maintains an Internet site, the school board, operator, or
21governing body shall post the summary under sub. (2) on that site.
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