Amendment AA7-SB21

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2015 - 2016 LEGISLATURE

ASSEMBLY AMENDMENT 7, TO SENATE BILL 21

July 8, 2015 - Offered by Representatives Pope, Genrich, Sinicki and Considine.

SB21-AA7,1,2 At the locations indicated, amend the bill, as shown by senate substitute amendment 1, as follows:

SB21-AA7,1,3 1. At the appropriate places, insert all of the following:

SB21-AA7,1,4 " Section 1. 118.60 (2) (a) 10. of the statutes is created to read:

SB21-AA7,1,5 118.60 (2) (a) 10. The private school is located in this state.

SB21-AA7,2 Section 2. 118.60 (2) (d) of the statutes is created to read:

SB21-AA7,1,8 118.60 (2) (d) No more than 49 percent of a private school's enrollment may consist of pupils attending the private school under this section.

SB21-AA7,3 Section 3. 118.60 (4) (bg) 6. of the statutes is created to read:

SB21-AA7,1,11 118.60 (4) (bg) 6. This paragraph applies only to pupils who participated in the program under this section before the 2015-16 school year.

SB21-AA7,4 Section 4. 118.60 (4) (bk) of the statutes is created to read:

SB21-AA7,2,2 118.60 (4) (bk) 1. In this paragraph, "incoming choice pupil" has the meaning given in sub. (4d) (a).

SB21-AA7,2,7 2. For an incoming choice pupil, 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 determined under s. 118.51 (16) (a) 3. b. for that school year.

SB21-AA7,5 Section 5. 118.60 (4m) (a) 1. of the statutes is amended to read:

SB21-AA7,2,12 118.60 (4m) (a) 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 or, if the pupil is an incoming choice pupil, the amount under sub. (4) (bk).

SB21-AA7,6 Section 6. 118.60 (4r) (a) of the statutes is amended to read:

SB21-AA7,2,15 118.60 (4r) (a) Multiply the amount determined under sub. (4) (bg) or (bk), if the pupil is an incoming choice pupil, by 0.616.".

SB21-AA7,7 Section 7. 118.60 (7) (b) 3m. of the statutes is amended to read:

SB21-AA7,3,2 118.60 (7) (b) 3m. Annually, schedule 2 meetings at least one meeting each month at which members of the governing body of the private school will be present and at which pupils, and the parents or guardians of pupils, applying to attend the private school or attending the private school may meet and communicate with the members of the governing body. The meetings shall be open to the public. The private school shall, within 30 days after the start of the school term, notify the department in writing of the scheduled meeting dates and shall, at least 30 days before the scheduled meeting date, notify in writing each pupil, or the parent or guardian of each minor pupil, applying to attend the private school or attending the private school of the meeting date, time, and place. The private school shall provide notice of the meetings in the manner provided in s. 19.84.

SB21-AA7,8 Section 8. 118.60 (10) (a) 7. of the statutes is amended to read:

SB21-AA7,3,4 118.60 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or 6.

SB21-AA7,9 Section 9. 118.60 (10m) of the statutes is created to read:

SB21-AA7,3,15 118.60 (10m) The department of justice or the district attorney may institute, manage, control, and direct, in the proper county, any prosecution for violation of criminal laws affecting a parental choice program under this section, including laws relating to parental choice programs under ch. 946 and laws affecting the health, safety, and welfare of pupils attending private schools under parental choice programs. For this purpose the department of justice shall have and exercise all powers conferred upon district attorneys in such cases. The department of justice or district attorney shall notify the department of public instruction of any such prosecution of a person holding a license granted by the department of public instruction.

SB21-AA7,10 Section 10. 119.23 (2) (a) 10. of the statutes is created to read:

SB21-AA7,3,17 119.23 (2) (a) 10. The private school is located in this state.

SB21-AA7,11 Section 11. 119.23 (2) (d) of the statutes is created to read:

SB21-AA7,3,20 119.23 (2) (d) No more than 49 percent of a private school's enrollment may consist of pupils attending the private school under this section.

SB21-AA7,12 Section 12. 119.23 (7) (b) 3m. of the statutes is amended to read:

SB21-AA7,4,7 119.23 (7) (b) 3m. Annually, schedule two meetings at least one meeting each month at which members of the governing body of the private school will be present and at which pupils, and the parents or guardians of pupils, applying to attend the private school or attending the private school may meet and communicate with the members of the governing body. The meetings shall be open to the public. The private school shall, within 30 days after the start of the school term, notify the department in writing of the scheduled meeting dates and shall, at least 30 days before the scheduled meeting date, notify in writing each pupil, or the parent or guardian of each minor pupil, applying to attend the private school or attending the private school of the meeting date, time, and place. The private school shall provide notice of the meetings in the manner provided in s. 19.84.

SB21-AA7,13 Section 13. 119.23 (10) (a) 7. of the statutes is amended to read:

SB21-AA7,4,9 119.23 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or 6.

SB21-AA7,14 Section 14. 119.23 (10m) of the statutes is created to read:

SB21-AA7,4,20 119.23 (10m) The department of justice or the district attorney may institute, manage, control, and direct, in the proper county, any prosecution for violation of criminal laws affecting a parental choice program under this section, including laws relating to parental choice programs under ch. 946 and laws affecting the health, safety, and welfare of pupils attending private schools under parental choice programs. For this purpose the department of justice shall have and exercise all powers conferred upon district attorneys in such cases. The department of justice or district attorney shall notify the department of public instruction of any such prosecution of a person holding a license granted by the department of public instruction.

SB21-AA7,15 Section 15. 946.94 of the statutes is created to read:

SB21-AA7,4,23 946.94 Parental choice program fraud. (1) In this section, "parental choice program" means a parental choice program under s. 118.60 or 119.23.

SB21-AA7,5,3 (2) Whoever intentionally makes or causes to be made any false statement or representation of material fact in any application to participate in a parental choice program is guilty of a Class A misdemeanor.

SB21-AA7,5,4 (3) No person may do any of the following:

SB21-AA7,5,7 (a) Having knowledge of an event affecting the person's eligibility to participate in a parental choice program, conceal or fail to disclose that event with an intent to fraudulently participate in a parental choice program.

SB21-AA7,5,9 (b) Receive a payment under a parental choice program and use the funding for purposes that are not authorized under the parental choice program.

SB21-AA7,5,10 (c) Whoever violates par. (a) or (b) is subject to the following penalties:

SB21-AA7,5,12 1. If the value of the payment that is obtained as the result of the violation is more than $5,000 but does not exceed $10,000, a Class H felony.

SB21-AA7,5,14 2. If the value of the payment that is obtained as the result of the violation is more than $10,000, a Class G felony.

SB21-AA7,5,19 (4) Whoever makes any statement in a written application to participate in a parental choice program is considered to have made an admission as to the existence, correctness, or validity of any fact stated. Such a statement is prima facie evidence against the person who made it in any complaint, information, or indictment, or in any action brought for enforcement of any provision of this section.

SB21-AA7,9334 Section 9334. Initial applicability; Public Instruction.

SB21-AA7,5,23 (1j) Parental choice program fraud. The treatment of section 946.94 of the statutes first applies to acts and omissions that occur on the effective date of this subsection.".

SB21-AA7,5,24 2. Page 1047, line 20: delete "(bg)" and substitute "(bk)".

SB21-AA7,6,1 3. Page 1047, line 21: delete "(bg)" and substitute "(bk)".

SB21-AA7,6,2 4. Page 1118, line 5: delete "(bg)" and substitute "(bk)".