Amendment SA5-AB64

AB64-SA5,11,13 115.436 (2) (c) 1. The For a school district with a membership under par. (a) 1., the school district's membership in the previous school year divided by the school district's area in square miles is less than 10.

AB64-SA5,1477r Section 1477r. 115.436 (2) (c) 2. of the statutes is created to read:

AB64-SA5,11,17 115.436 (2) (c) 2. For a school district with a membership under par. (a) 2., the school district's membership in the previous school year divided by the school district's area in square miles is less than 7.

AB64-SA5,1477u Section 1477u. 115.436 (3) (a) of the statutes is amended to read:

AB64-SA5,11,22 115.436 (3) (a) Beginning in the 2009-10 school year, from the appropriation under s. 20.255 (2) (ae) and subject to pars. (b) and (c), the department shall pay to each school district eligible for sparsity aid $300 and with a membership under par. (a) 1. $400 multiplied by the membership in the previous school year.

AB64-SA5,1477x Section 1477x. 115.436 (3) (ag) of the statutes is created to read:

AB64-SA5,12,2 115.436 (3) (ag) Beginning in the 2017-18 school year, from the appropriation under s. 20.255 (2) (ae), the department shall pay to each school district eligible for sparsity aid and with a membership under par. (a) 2. $100 multiplied by the membership in the previous school year.”.

AB64-SA5,12,3 48. Page 755, line 5: delete lines 5 to 19 and substitute:

AB64-SA5,12,4 “ Section 1480q. 115.436 (3) (b) of the statutes is repealed.

AB64-SA5,1480t Section 1480t. 115.436 (3) (c) 1. of the statutes is repealed.”.

AB64-SA5,12,6 49. Page 781, line 25: after that line insert:

AB64-SA5,12,7 “ Section 1505b. 118.016 (1) (bm) of the statutes is created to read:

AB64-SA5,12,16 118.016 (1) (bm) Beginning in the 2018-19 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the governing body, annually assess each pupil enrolled in 4-year-old kindergarten to 2nd grade in the private school for reading readiness. The governing body shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge. The governing body may administer computer adaptive assessments. This paragraph applies only to pupils attending the school under s. 118.60 or 119.23.

AB64-SA5,1505c Section 1505c. 118.016 (1) (c) of the statutes is amended to read:

AB64-SA5,12,24 118.016 (1) (c) The department shall pay to the school board or, operator, or governing body, from the appropriation under s. 20.255 (1) (f), the per pupil cost of the selected assessment. If the appropriation under s. 20.255 (1) (f) in any fiscal year is insufficient to pay the full amount of aid under this paragraph, the state superintendent shall prorate state aid payments among the school boards and, governing bodies of private schools, and operators of charter schools entitled to the aid.

AB64-SA5,1505d Section 1505d. 118.016 (1g) of the statutes is amended to read:

AB64-SA5,13,5 118.016 (1g) If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r) or (2x), or governing body of the private school under s. 118.60 or 119.23 shall comply with s. 115.77 (1m) (bg).

AB64-SA5,1505e Section 1505e. 118.016 (1r) of the statutes is amended to read:

AB64-SA5,13,9 118.016 (1r) The school board or , operator of the charter school, or governing body of the private school under s. 118.60 or 119.23 shall report the results of a pupil's assessment under sub. (1) to the pupil's parent or guardian.

AB64-SA5,1505ef Section 1505ef. 118.016 (2) of the statutes is amended to read:

AB64-SA5,13,15 118.016 (2) The school board of the school district or, operator of the charter school, or governing body of the private school in which the pupil is enrolled shall provide a pupil whose assessment under sub. (1) indicates that he or she is at risk of reading difficulty with interventions or remedial reading services, as described under s. 121.02 (1) (c).”.

AB64-SA5,13,16 50. Page 783, line 4: delete lines 4 to 6.

AB64-SA5,13,17 51. Page 783, line 8: delete “subs. (1b) and (1c)" and substitute “sub. (1c)".

AB64-SA5,13,19 52. Page 783, line 9: after “charter school," insert “in a private school participating in a parental choice program under s. 118.60 or 119.23,".

AB64-SA5,13,20 53. Page 783, line 12: delete lines 12 to 16.

AB64-SA5,13,22 54. Page 784, line 7: delete the material beginning with that line and ending with page 790, line 8.

AB64-SA5,13,24 55. Page 791, line 15: delete the material beginning with that line and ending with page 792, line 10.

AB64-SA5,14,1 56. Page 792, line 11: delete lines 11 to 20.

AB64-SA5,14,2 57. Page 792, line 20: after that line insert:

AB64-SA5,14,3 “ Section 1526b. 118.30 (5m) of the statutes is amended to read:

AB64-SA5,14,10 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) or s. 118.301 (3), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall not exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB64-SA5,1526c Section 1526c. 118.305 (1) (gm) of the statutes is created to read:

AB64-SA5,14,14 118.305 (1) (gm) “Pupil" excludes pupils who are attending a private school participating in a parental choice program under s. 118.60 or 119.23 but not under the parental choice program.

AB64-SA5,1526d Section 1526d. 118.305 (1) (h) of the statutes is amended to read:

AB64-SA5,14,18 118.305 (1) (h) “School" means a public school, including a charter school, and a private school participating in the program under s. 115.7915 , and a private school participating in a parental choice program under s. 118.60 or 119.23.

AB64-SA5,1526e Section 1526e. 118.305 (3) (e) of the statutes is amended to read:

AB64-SA5,14,21 118.305 (3) (e) It does not constitute corporal punishment, as defined in s. 118.31 (1) (a).

AB64-SA5,1526f Section 1526f. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and amended to read:

AB64-SA5,14,24 118.31 (1) (intro.) In this section, “ corporal:

AB64-SA5,15,6 (a) “Corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. “Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. “Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training.

AB64-SA5,1526g Section 1526g. 118.31 (1) (b) of the statutes is created to read:

AB64-SA5,15,10 118.31 (1) (b) “Private school" means a private school, as defined in s. 115.001 (3r), that is participating in any parental choice program under ss. 118.60 and 119.23.

AB64-SA5,1526h Section 1526h. 118.31 (2) of the statutes is amended to read:

AB64-SA5,15,14 118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a school board or of a private school may subject a pupil enrolled in the school district or in the private school to corporal punishment.

AB64-SA5,1526i Section 1526i. 118.31 (3) (intro.) of the statutes is amended to read:

AB64-SA5,15,17 118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or agent of a school board or of a private school from:

AB64-SA5,1526j Section 1526j. 118.31 (4) of the statutes is amended to read:

AB64-SA5,15,25 118.31 (4) Each school board and each private school shall adopt a policy that allows any official, employee, or agent of the school board or private school to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person an official, employee, or agent of a school board or of a private school was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an the official, employee, or agent of a school board.

AB64-SA5,1526k Section 1526k. 118.31 (5) of the statutes is amended to read:

AB64-SA5,16,7 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or of a private school or their officials, employees or agents of an official, employee, or agent of the school board or private school for damages arising out of claims involving allegations of improper or unnecessary use of force by a school employees official, employee, or agent against students a pupil.

AB64-SA5,1526L Section 1526L. 118.31 (6) of the statutes is amended to read:

AB64-SA5,16,12 118.31 (6) Nothing in this section shall prohibit, permit, or otherwise affect any action taken by an official, employee, or agent of a school board or private school with regard to a person who is not a pupil enrolled in the school district or in the private school.

AB64-SA5,1526m Section 1526m. 118.33 (1) (f) 5. of the statutes is created to read:

AB64-SA5,16,18 118.33 (1) (f) 5. Beginning in the 2018-19 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting a high school diploma specified in pars. (a) and (b), with the exceptions provided in pars. (d) and (e).”.

AB64-SA5,16,19 58. Page 827, line 20: after that line insert:

AB64-SA5,16,20 “ Section 1583b. 118.60 (2) (a) 6m. of the statutes is created to read:

AB64-SA5,16,24 118.60 (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-SA5,1583c Section 1583c. 118.60 (2) (a) 9. of the statutes is created to read:

AB64-SA5,17,3 118.60 (2) (a) 9. The private school has been in operation for the attendance of pupils for at least 2 school years.

AB64-SA5,1583d Section 1583d. 118.60 (2) (a) 10. of the statutes is created to read:

AB64-SA5,17,5 118.60 (2) (a) 10. The private school is located in this state.”.

AB64-SA5,17,6 59. Page 827, line 20: after that line insert:

AB64-SA5,17,7 “ Section 1585xe. 118.60 (2) (be) 1. a. of the statutes is amended to read:

AB64-SA5,17,11 118.60 (2) (be) 1. a. “Applicable percentage" means, for the 2015-16 and 2016-17 school years, 1 percent, and for each school year beginning with the 2017-18 school year and ending with the 2025-26 school year, the applicable percentage for the previous school year plus one percentage point 2 percent.

AB64-SA5,1585xm Section 1585xm. 118.60 (2) (be) 2. of the statutes is amended to read:

AB64-SA5,17,18 118.60 (2) (be) 2. Except as provided in subd. 2m., beginning with the 2015-16 school year and ending with the 2025-26 2017-18 school year, the total number of pupils residing in a school district, other than an eligible school district or a 1st class city school district, who may attend a private school under this section during a school year may not exceed the school district's pupil participation limit for that school year.

AB64-SA5,1585xs Section 1585xs. 118.60 (2) (be) 3. of the statutes is repealed.”.

AB64-SA5,17,20 60. Page 828, line 6: after that line insert:

AB64-SA5,17,21 “ Section 1598c. 118.60 (2) (c) of the statutes is amended to read:

AB64-SA5,18,2 118.60 (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-SA5,18,6 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-SA5,18,7 61. Page 828, line 23: after that line insert:

AB64-SA5,18,8 “ Section 1598bb. 118.60 (2) (e) of the statutes is created to read:

AB64-SA5,18,10 118.60 (2) (e) No more than 49 percent of a private school's enrollment may consist of pupils attending the private school under this section and s. 119.23.

AB64-SA5,1598bc Section 1598bc. 118.60 (4) (bg) 3. of the statutes is amended to read:

AB64-SA5,18,23 118.60 (4) (bg) 3. In the 2015-16 school year and in each the 2016-17 school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, except as provided in subd. 5., 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 equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB64-SA5,1598bf Section 1598bf. 118.60 (4) (bg) 6. of the statutes is created to read:

AB64-SA5,19,9 118.60 (4) (bg) 6. Except as provided in subd. 7., in the 2017-18 school year and in each school year thereafter, 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), the lesser of an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or an amount either of $7,323, if the pupil is enrolled in a grade from kindergarten to 8, or of $7,969, if the pupil is enrolled in a grade from 9 to 12.

AB64-SA5,1598bh Section 1598bh. 118.60 (4) (bg) 7. of the statutes is created to read:

AB64-SA5,19,15 118.60 (4) (bg) 7. If the pupil described in subd. 6. is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, 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 as follows:

AB64-SA5,19,18 a. Multiply the number of pupils participating in the program under this section who are enrolled in the private school in any grade between kindergarten to 8 by $7,323.

AB64-SA5,19,20 b. Multiply the number of pupils participating in the program under this section who are enrolled in the private school in any grade between 9 to 12 by $7,969.

AB64-SA5,19,21 c. Add the amounts determined under subd. 7. a. and b.

AB64-SA5,19,24 d. Divide the amount determined under subd. 7. c. by the total number of pupils participating in the program under this section who are enrolled at the private school.

AB64-SA5,1598bi Section 1598bi. 118.60 (4d) (b) 1. (intro.) of the statutes is amended to read:

AB64-SA5,20,3 118.60 (4d) (b) 1. (intro.) Beginning in the 2015-16 school year, subject to sub. (4e) and s. 121.085 (1), the department shall decrease a school district's state aid payment under s. 121.08 by an amount calculated as follows:

AB64-SA5,1598br Section 1598br. 118.60 (4e) of the statutes is created to read:

AB64-SA5,20,5 118.60 (4e) (a) In this subsection:

AB64-SA5,20,7 1. “Circulator" has the meaning given for “qualified circulator" under s. 5.02 (16g).