Amendment SA13-AB64

AB64-SA13,1598bq Section 1598bq. 118.60 (10) (bg) of the statutes is created to read:

AB64-SA13,19,11 118.60 (10) (bg) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that the owner of the private school would not be eligible or permitted to be employed, licensed, or permitted for any of the reasons specified under s. 115.31 (2g) or (6m) or 115.315.

AB64-SA13,1598br Section 1598br. 118.60 (10) (br) of the statutes is created to read:

AB64-SA13,19,17 118.60 (10) (br) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that the private school has failed to comply with the requirements under sub. (7) (h) or if the private school employs or accepts volunteer services from an individual in contravention of the prohibitions under sub. (7) (h).

AB64-SA13,1598bs Section 1598bs. 118.60 (10) (c) of the statutes is amended to read:

AB64-SA13,19,21 118.60 (10) (c) Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), (bg), or (br), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB64-SA13,1598bt Section 1598bt. 118.60 (11) (d) of the statutes is repealed.”.

AB64-SA13,19,23 16. Page 829, line 23: after that line insert:

AB64-SA13,19,24 “ Section 1599g. 119.23 (2) (a) 1. a. of the statutes is amended to read:

AB64-SA13,20,11 119.23 (2) (a) 1. a. The Except as provided in subd. 1. am., 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. Except as provided in subd. 1. d., 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 above the income level in this subd. 1. a., including a pupil who attended a private school under this section in the 2010-11 school year and whose family income has increased, may continue to attend a private school under this section.

AB64-SA13,1599r Section 1599r. 119.23 (2) (a) 1. am. of the statutes is created to read:

AB64-SA13,20,20 119.23 (2) (a) 1. am. Beginning in the 2018-19 school year, 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. 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 above the income level in this subd. 1. am. may continue to attend a private school under this section.”.

AB64-SA13,20,21 17. Page 830, line 8: delete lines 8 to 18 and substitute:

AB64-SA13,20,22 “ Section 1602da. 119.23 (2) (a) 6m. of the statutes is created to read:

AB64-SA13,21,2 119.23 (2) (a) 6m. All instructional staff employed by the private school hold a license or permit to teach issued by the department. For purposes of this subdivision, “instructional staff" has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2.

AB64-SA13,1602db Section 1602db. 119.23 (2) (a) 9. of the statutes is created to read:

AB64-SA13,21,5 119.23 (2) (a) 9. The private school has been in operation for the attendance of pupils for at least 2 school years.

AB64-SA13,1602dc Section 1602dc. 119.23 (2) (a) 10. of the statutes is created to read:

AB64-SA13,21,7 119.23 (2) (a) 10. The private school is located in this state.

AB64-SA13,1602dd Section 1602dd. 119.23 (2) (c) of the statutes is amended to read:

AB64-SA13,21,12 119.23 (2) (c) 1. Notwithstanding par. (a) 6. and 6m., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor's degree or hold a license or permit to teach issued by the department.

AB64-SA13,21,16 2. Notwithstanding par. (a) 6. and 6m., an administrator of a private school participating in the program under this section that prepares and trains pupils attending the school in rabbinical studies is not required to have a bachelor's degree or hold a license or permit to teach issued by the department.

AB64-SA13,1602de Section 1602de. 119.23 (2) (cm) of the statutes is created to read:

AB64-SA13,21,20 119.23 (2) (cm) The sum of the pupils attending a private school under this section and s. 118.60 and under a scholarship under s. 115.7915 shall be less than 49 percent of the total number of pupils attending the private school.

AB64-SA13,1602df Section 1602df. 119.23 (4) (bd) of the statutes is created to read:

AB64-SA13,22,2 119.23 (4) (bd) 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) (fu), an amount equal to the lesser of the following:

AB64-SA13,22,5 1. The amount equal to the private school's eligible education expenses, as defined in sub. (7) (am) 1m., per pupil that is related to educational programming, as determined by the department.

AB64-SA13,22,8 2. The average of the tuition paid by a pupil attending the private school, but not under the program under this section or the program under s. 118.60, in the current and 2 preceding school years.

AB64-SA13,22,9 3. $6,442.

AB64-SA13,1602dg Section 1602dg. 119.23 (4) (be) of the statutes is created to read:

AB64-SA13,22,14 119.23 (4) (be) In determining a private school's eligible education expenses per pupil under par. (bd) 1., the department shall do all of the following, but may not determine separate expenses for pupils enrolled in grades kindergarten to 8 and for pupils enrolled in grades 9 to 12:

AB64-SA13,22,16 1. Subtract only the following, up to the actual cost of the service or material related to each item:

AB64-SA13,22,17 a. Fees charged pupils for books and supplies used in classes and programs.

AB64-SA13,22,18 b. Rentals for school buildings.

AB64-SA13,22,19 c. Food service revenues.

AB64-SA13,22,20 d. Governmental financial assistance.

AB64-SA13,22,21 e. Interest and other income resulting from the investment of debt proceeds.

AB64-SA13,23,3 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 eligible education expenses, 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. 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.

AB64-SA13,23,7 3. If immediately prior to July 1, 2011, a private school's eligible education expenses, as defined under sub. (7) (am) 1m. and as determined by the department, included the amount described in subd. 2., continue to include the amount described in subd. 2. in subsequent school years.

AB64-SA13,23,11 4. Permit a private school to accumulate up to 15 percent of the private school's annual eligible education expenses in a reserve account and include any increase to that reserved amount in the department's determination of the private school's eligible education expenses for that school year.

AB64-SA13,1602dh Section 1602dh. 119.23 (4) (bg) of the statutes is repealed.

AB64-SA13,1602di Section 1602di. 119.23 (4m) of the statutes is repealed and recreated to read:

AB64-SA13,23,18 119.23 (4m) In addition to the payment under sub. (4), the state superintendent shall pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending the private school under this section, in the manner described in sub. (4) (c), the amount determined as follows:

AB64-SA13,23,20 (a) Determine the private school's eligible education expenses, as defined in sub. (7) (am) 1m., per pupil in summer school.

AB64-SA13,23,21 (b) Multiply the amount under par. (a) by 0.40.

AB64-SA13,23,24 (c) Multiply the product under par. (b) by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under sub. (4).

AB64-SA13,1602dj Section 1602dj. 119.23 (4r) (a) of the statutes is amended to read:

AB64-SA13,24,2 119.23 (4r) (a) Multiply the amount determined under sub. (4) (bg) (bd) by 0.616.

AB64-SA13,1602dk Section 1602dk. 119.23 (7) (am) 2m. a. of the statutes, as affected by 2017 Wisconsin Act 36, is amended to read:

AB64-SA13,25,12 119.23 (7) (am) 2m. a. An independent financial audit of the private school conducted by an independent certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents the private school's eligible education expenses under sub. (4) (bd) 1., and beginning in the 2nd school year a private school participates in the program under this section, a copy of the management letter prepared by the auditor. If the private school annually received a total of at least $100,000 under this section and ss. 115.7915 and 118.60 in any school year, the audit shall be prepared in accordance with generally accepted accounting principles with allowable modifications for long-term fixed assets. If the private school has not annually received a total of at least $100,000 under this section and ss. 115.7915 and 118.60 in any school year, the audit shall be prepared as prescribed by the department by rule. The audit shall include a calculation of the private school net eligible education expenses and a calculation of the balance of the private school's fund for future eligible education expenses. The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants. If a private school participating in a program under this section is part of an organization and the private school and the organization share assets, liabilities, or eligible education expenses, the private school may submit an audit of the private school or of the organization of which it is a part. If a private school that is part of an organization with which it shares assets, liabilities, or eligible education expenses submits an audit of only the private school, the independent auditor shall use his or her professional judgment to allocate any shared assets, liabilities, and eligible education expenses between the organization and the private school. If a private school participating in the program under this section also accepts pupils under s. 115.7915 or 118.60, the private school may submit one comprehensive financial audit to satisfy the requirements of this subdivision and ss. 115.7915 (6) (e) and 118.60 (7) (am) 2m., whichever are applicable. The private school shall include in the comprehensive financial audit the information specified under s. 118.60 (7) (am) 2m.

AB64-SA13,1602dL Section 1602dL. 119.23 (7) (b) 3m. of the statutes is amended to read:

AB64-SA13,25,24 119.23 (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.

AB64-SA13,1602dm Section 1602dm. 119.23 (7) (b) 9. of the statutes is created to read:

AB64-SA13,26,5 119.23 (7) (b) 9. Permit public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, a school board under subch. II of ch. 19. This subdivision applies only to records that relate to pupils attending the private school under this section.

AB64-SA13,1602dn Section 1602dn. 119.23 (7) (d) 1. b. of the statutes is amended to read:

AB64-SA13,26,12 119.23 (7) (d) 1. b. A Except as provided in subd. 1. c., a copy of the school's current certificate of occupancy issued by the municipality within which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the municipality within which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a).

AB64-SA13,26,20 c. If the municipality within which the private school is located does not issue certificates of occupancy, the private school may submit a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy or a letter or form from the municipality within which the private school is located that explains that the municipality does not issue certificates of occupancy. A temporary certificate of occupancy does not meet the requirement of this subdivision private school to which this subd. 1. c. applies shall annually obtain a building inspection of the school building.

AB64-SA13,1602do Section 1602do. 119.23 (7) (d) 1. d. of the statutes is created to read:

AB64-SA13,26,23 119.23 (7) (d) 1. d. A temporary certificate of occupancy does not satisfy the requirements of this subdivision.

AB64-SA13,1602dom Section 1602dom. 119.23 (7) (h) of the statutes, as created by 2017 Wisconsin Act 36, is amended to read:

AB64-SA13,27,7 119.23 (7) (h) Beginning in the 2018-19 school year, each private school participating in the program under this section shall conduct criminal background investigations of its employees and any independent contractors and volunteers who have access to children, and exclude from employment or independent contracting or volunteer service any person not permitted to hold a teaching license as the result of an offense and any person who might reasonably be believed to pose a threat to the safety of others.

AB64-SA13,1602dp Section 1602dp. 119.23 (10) (a) 3. of the statutes is amended to read:

AB64-SA13,27,11 119.23 (10) (a) 3. Failed to refund to the state any overpayment made under s. 119.23 (4) (b), 2011 stats., or s. 119.23 (4) (bg), 2011 stats., or under sub. (4) (bg) (bd) or (4m) by the date specified by department rule.

AB64-SA13,1602dq Section 1602dq. 119.23 (10) (a) 7. of the statutes is amended to read:

AB64-SA13,27,13 119.23 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or 6., or 9.

AB64-SA13,1602dr Section 1602dr. 119.23 (10) (a) 9. of the statutes is created to read:

AB64-SA13,27,16 119.23 (10) (a) 9. Violated or employed a person who violated s. 118.016, 118.19 (1), 118.305, 118.31, or 118.33 (1) (f) 5.

AB64-SA13,1602ds Section 1602ds. 119.23 (10) (a) 10. of the statutes is created to read:

AB64-SA13,27,18 119.23 (10) (a) 10. Violated the rules promulgated under s. 120.13 (1) (i).

AB64-SA13,1602dt Section 1602dt. 119.23 (10) (bg) of the statutes is created to read:

AB64-SA13,27,24 119.23 (10) (bg) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that the owner of the private school would not be eligible or permitted to be employed, licensed, or permitted for any of the reasons specified under s. 115.31 (2g) or (6m) or 115.315.

AB64-SA13,1602du Section 1602du. 119.23 (10) (br) of the statutes is created to read:

AB64-SA13,28,5 119.23 (10) (br) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that the private school has failed to comply with the requirements under sub. (7) (h) or if the private school employs or accepts volunteer services from an individual in contravention of the prohibitions under sub. (7) (h).

AB64-SA13,1602dv Section 1602dv. 119.23 (10) (c) of the statutes is amended to read:

AB64-SA13,28,9 119.23 (10) (c) Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), (bg), or (br), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB64-SA13,1602dw Section 1602dw. 119.23 (11) (d) of the statutes is repealed.”.

AB64-SA13,28,11 18. Page 831, line 3: after that line insert:

AB64-SA13,28,12 “ Section 1623t. 120.13 (1) (i) of the statutes is created to read:

AB64-SA13,28,16 120.13 (1) (i) The department shall promulgate rules establishing a procedure for the expulsion of pupils attending a private school under s. 115.7915, 118.60, or 119.23 by the governing body of the private school. The rules shall adhere as closely as feasible to the provisions applicable to public school pupils under this subsection.”.

AB64-SA13,28,17 19. Page 834, line 17: after that line insert:

AB64-SA13,28,18 “ Section 1635dm. 121.07 (2) (b) of the statutes is amended to read:

AB64-SA13,28,22 121.07 (2) (b) The number of pupils residing in the school district in the previous school year who were incoming choice pupils, as defined in s. 118.60 (4d) (a), and for whom a payment was made under s. 118.60 (4) (bg) (bd) in the previous school year.”.

AB64-SA13,28,24 20. Page 1068, line 20: delete that line and substitute “sections 118.60 (4m) and 119.23 (4m)”.

AB64-SA13,29,1 21. Page 1083, line 7: after that line insert:

AB64-SA13,29,7 “(1y) Miscellaneous provisions affecting the Special Needs Scholarship Program, the statewide parental choice program, the Racine Parental Choice Program, and the Milwaukee Parental Choice Program. If Senate Amendment [LRBb0830/1] .... (this amendment) to Assembly Substitute Amendment 1 to Assembly Bill 64 is adopted, the treatment of the provisions in this amendment takes effect on July 1, 2018.”.

AB64-SA13,29,8 (End)