Amendment SA5-AB64

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).

AB64-SA5,20,8 2. “Commission” means the elections commission.

AB64-SA5,20,14 (b) The department may not decrease a school district's state aid payment under s. 121.08 as provided in sub. (4d) (b) until the school district qualifies as provided under this subsection. A school district may not qualify under this subsection until a petition is certified as provided in this paragraph and the petition is approved at a referendum as provided in par. (d). A petition may not be certified unless all of the following occur:

AB64-SA5,20,19 1. An individual, committee, or group files a registration statement with the commission to initiate a petition to have the state aid paid to the school district under s. 121.08 reduced as provided in sub. (4d) (b). The registration statement shall include the name and mailing address of the individual, committee, or group initiating the petition.

AB64-SA5,21,13 2. The individual, committee, or group circulates the petition and files the petition with the commission no later than 60 days after the date on which the registration statement is filed under subd. 1. The certification of a circulator shall appear at the bottom of each petition filed with the commission. The certification of the circulator shall include the name and mailing address of the individual, committee, or group initiating the petition and a statement that he or she personally circulated the petition and personally obtained each of the signatures; he or she knows the signatures are of qualified electors, as described in s. 6.02, of the school district that is the subject of the petition as the petition requires; he or she knows the signers signed the petition with full knowledge of its content; he or she knows the respective residences given for each signer; and he or she knows each signer signed on the date stated opposite his or her signature. The certification shall also include a statement that the circulator is a qualified elector of this state or, if not a qualified elector of this state, is a U.S. citizen age 18 or older who, if he or she were a resident of this state, would not be disqualified from voting under s. 6.03; that he or she intends to support the implementation of the program under this section in the school district that is the subject of the petition; and that he or she is aware that falsifying the certification is punishable under s. 12.13 (3) (a). The circulator shall indicate the date that he or she makes the certification next to his or her signature.

AB64-SA5,21,20 3. The commission, within 31 days after a petition is filed under subd. 2., reviews the signatures to determine whether any signatures or petition sheets may not be counted for the reasons provided in par. (c). If, after review, the commission determines that the petition contains a number of signatures of qualified electors in the school district that is the subject of the petition equal to not less than 20 percent of the number of electors voting in the last election of school board members in the school district, the commission shall certify that result to the school district clerk.

AB64-SA5,21,21 (c) 1. An individual signature on a petition sheet may not be counted if:

AB64-SA5,21,22 a. The signature is not dated.

AB64-SA5,21,23 b. The signature is dated outside the circulation period.

AB64-SA5,21,25 c. The signature is dated after the date of the certification contained on the petition sheet.

AB64-SA5,22,2 d. The residency of the signer of the petition sheet cannot be determined by the address given.

AB64-SA5,22,4 e. The signature is that of an individual who is not a resident of the school district that is the subject of the petition.

AB64-SA5,22,6 f. The signer has been adjudicated not to be a qualified elector on grounds of incompetency or limited incompetency as provided in s. 6.03 (3).

AB64-SA5,22,7 g. The signer is not a qualified elector by reason of age.

AB64-SA5,22,9 h. The circulator knew or should have known that the signer, for any other reason, was not a qualified elector.

AB64-SA5,22,10 2. No signature on the petition sheet may be counted if:

AB64-SA5,22,11 a. The circulator fails to sign his or her certification.

AB64-SA5,22,12 b. The circulator is not a qualified circulator.

AB64-SA5,23,2 (d) Within 10 days after the commission certifies the petition under par. (b) 3., the school board shall notify the department of the scheduled date of the referendum and submit a copy of the petition and certification to the department. The school board shall call a special referendum for the purpose of submitting the petition to the electors of the school district for approval or rejection. In lieu of a special referendum, the school board may specify that the referendum be held at the next succeeding spring primary or election or September primary or general election, if such election is to be held not sooner than 42 days after the petition is certified by the commission. The referendum shall be held in accordance with chs. 5 to 12. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the commission under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the reduction in state aid to the school district under s. 121.08, as provided for under sub. (4d) (b), shall be made. If a majority of those voting on the question approve, the reduction in state aid shall be made as provided in sub. (4d) (b). The school district clerk shall do all of the following:

AB64-SA5,23,8 1. Publish type A, B, C, D, and E notices of the referendum under s. 10.01 (2). Notwithstanding s. 10.01 (2) (a), the type A notice shall include a copy of any certificate submitted to the school district clerk by the commission under par. (b) 3. and the question to be submitted to the voters as provided in this paragraph. Section 5.01 (1) applies in the event of failure to comply with the notice requirements of this paragraph.

AB64-SA5,23,9 2. Provide the election officials with all necessary election supplies.

AB64-SA5,23,12 (e) The department shall make the reduction in state aid under s. 121.08 in a school district that qualifies under this subsection in the first school year that begins after the date on which the question submitted under par. (d) is approved.

AB64-SA5,23,14 (f) A school district that qualifies under this subsection shall remain qualified under this subsection.

AB64-SA5,1598bs Section 1598bs. 118.60 (7) (b) 3m. of the statutes is amended to read:

AB64-SA5,24,2 118.60 (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.”.

AB64-SA5,24,3 62. Page 829, line 9: after that line insert:

AB64-SA5,24,4 “ Section 1598L. 118.60 (7) (b) 9. of the statutes is created to read: