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(a) Having knowledge of an event affecting the person's eligibility to participate
6in a parental choice program, conceal or fail to disclose that event with an intent to
7fraudulently participate in a parental choice program.
SB21-AA7,5,98
(b) Receive a payment under a parental choice program and use the funding
9for purposes that are not authorized under the parental choice program.
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(c) Whoever violates par. (a) or (b) is subject to the following penalties:
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1. If the value of the payment that is obtained as the result of the violation is
12more than $5,000 but does not exceed $10,000, a Class H felony.
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2. If the value of the payment that is obtained as the result of the violation is
14more than $10,000, a Class G felony.
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15(4) Whoever makes any statement in a written application to participate in a
16parental choice program is considered to have made an admission as to the existence,
17correctness, or validity of any fact stated. Such a statement is prima facie evidence
18against the person who made it in any complaint, information, or indictment, or in
19any action brought for enforcement of any provision of this section.
SB21-AA7,9334
20Section 9334.
Initial applicability; Public Instruction.
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21(1j) Parental choice program fraud. The treatment of section 946.94 of the
22statutes first applies to acts and omissions that occur on the effective date of this
23subsection.".
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35. At the appropriate places, insert all of the following:
SB21-AA7,6,4
4"
Section 1. 118.60 (7) (h) of the statutes is created to read:
SB21-AA7,6,85
118.60
(7) (h) 1. Each private school participating in the program under this
6section shall annually conduct state and federal background checks of all teachers
7and administrators employed by the private school on the effective date of this
8subdivision .... [LRB inserts date].
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2. Beginning on the effective date of this subdivision .... [LRB inserts date],
10each private school participating in the program under this section shall annually
11conduct state and federal background checks of each individual who applies to teach
12in or serve as an administrator of the private school prior to extending an offer of
13employment to that individual.
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3. A participating private school may not employ a person as a teacher or
15administrator or contract with the person to serve as a teacher or administrator if
16the person would not be eligible to be employed, licensed, or permitted for any of the
17reasons specified under s. 115.31 (2g) or (6m) or 115.315.
SB21-AA7,2
18Section 2. 118.60 (10) (bg) of the statutes is created to read:
SB21-AA7,6,2319
118.60
(10) (bg) The state superintendent may issue an order immediately
20terminating a private school's participation in the program under this section if he
21or she determines that the owner of the private school would not be eligible or
22permitted to be employed, licensed, or permitted for any of the reasons specified
23under s. 115.31 (2g) or (6m) or 115.315.
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24Section 3. 118.60 (10) (br) of the statutes is created to read:
SB21-AA7,7,5
1118.60
(10) (br) The state superintendent may issue an order immediately
2terminating a private school's participation in the program under this section if he
3or she determines that the private school has failed to comply with the requirements
4under sub. (7) (h) 1. or 2. or if the private school employs an individual in
5contravention of the prohibitions under sub. (7) (h) 3.
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6Section 4. 118.60 (10) (c) of the statutes is amended to read:
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118.60
(10) (c) Whenever the state superintendent issues an order under par.
8(a), (am), (ar),
or (b),
(bg), or (br), he or she shall immediately notify the parent or
9guardian of each pupil attending the private school under this section.
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10Section 5. 119.23 (7) (h) of the statutes is created to read:
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119.23
(7) (h) 1. Each private school participating in the program under this
12section shall annually conduct state and federal background checks of all teachers
13and administrators employed by the private school on the effective date of this
14subdivision .... [LRB inserts date].
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2. Beginning on the effective date of this subdivision .... [LRB inserts date],
16each private school participating in the program under this section shall annually
17conduct state and federal background checks of each individual who applies to teach
18in or serve as an administrator of the private school prior to extending an offer of
19employment to that individual.
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3. A participating private school may not employ a person as a teacher or
21administrator or contract with the person to serve as a teacher or administrator if
22the person would not be eligible to be employed, licensed, or permitted for any of the
23reasons specified under s. 115.31 (2g) or (6m) or 115.315.
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24Section 6. 119.23 (10) (bg) of the statutes is created to read:
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1119.23
(10) (bg) The state superintendent may issue an order immediately
2terminating a private school's participation in the program under this section if he
3or she determines that the owner of the private school would not be eligible or
4permitted to be employed, licensed, or permitted for any of the reasons specified
5under s. 115.31 (2g) or (6m) or 115.315.
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6Section 7. 119.23 (10) (br) of the statutes is created to read:
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119.23
(10) (br) The state superintendent may issue an order immediately
8terminating a private school's participation in the program under this section if he
9or she determines that the private school has failed to comply with the requirements
10under sub. (7) (h) 1. or 2. or if the private school employs an individual in
11contravention of the prohibitions under sub. (7) (h) 3.
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12Section 8. 119.23 (10) (c) of the statutes is amended to read:
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119.23
(10) (c) Whenever the state superintendent issues an order under par.
14(a), (am), (ar),
or (b),
(bg), or (br), he or she shall immediately notify the parent or
15guardian of each pupil attending the private school under this section.".
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3"
Section 3182sm. 115.28 (7) (b) of the statutes is amended to read:
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115.28
(7) (b) Subject to the same rules and laws concerning qualifications of
5applicants and granting and revocation of licenses
or certificates under par. (a), the
6state superintendent shall grant
certificates and licenses to teachers in private
7schools and tribal schools, except that teaching experience requirements for such
8certificates and licenses may be fulfilled by teaching experience in public, private,
9or tribal schools. An applicant is not eligible for a license
or certificate unless the
10state superintendent finds that the private school or tribal school in which the
11applicant taught offered an adequate educational program during the period of the
12applicant's teaching therein.
Private Except as provided in ss. 118.60 (2) (a) 6m. and
13119.23 (2) (a) 6m., private schools are not obligated to employ only licensed or
14certified teachers.".
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5"
Section 3247m. 118.19 (1) of the statutes is amended to read:
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118.19
(1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach
7in a public school, including a charter school,
in a private school participating in a
8parental choice program under s. 118.60 or 119.23, or in a school or institution
9operated by a county or the state shall first procure a license or permit from the
10department.".
