Amendment SA3-AB56

AB56-SA3,1618 Section 1618. 118.60 (3) (ar) 3. of the statutes is renumbered 118.60 (3) (ar) 3. (intro.) and amended to read:

AB56-SA3,106,5 118.60 (3) (ar) 3. (intro.) Annually After the end of the application period described under subd. 1., upon receipt of the information under subd. 2., the department shall, for each school district, determine the sum of all applicants for pupils residing in that school district under this paragraph and the sum of all applicants for pupils residing in all school districts, other than an eligible school district or a 1st class city school district. In determining the sum those sums, the department shall count a pupil who has applied to attend more than one private school under the program only once. After determining the sum of all applicants for pupils residing in a school district, those sums, if any of the following applies, the department shall determine which applications to accept on a random basis, except that the department shall give preference to the applications of pupils described in s. 118.60 (3) par. (a) 1m. to 5., in the order of preference listed in that paragraph. :

AB56-SA3,1619 Section 1619. 118.60 (3) (ar) 3. a. and b. of the statutes are created to read:

AB56-SA3,106,9 118.60 (3) (ar) 3. a. The sum of all applicants for pupils residing in a school district, other than an eligible school district or a 1st class city school district, exceeds the school district's pupil participation limit under sub. (2) (be).

AB56-SA3,106,12 b. The sum of all applicants for pupils residing in all school districts, other than an eligible school district or a 1st class city school district, exceeds the program cap under sub. (2) (bh) 2. b.

AB56-SA3,1620 Section 1620. 118.60 (3) (ar) 4. of the statutes is renumbered 118.60 (3) (ar) 4. (intro.) and amended to read:

AB56-SA3,106,19 118.60 (3) (ar) 4. (intro.) For each school district in which private schools received applications under subd. 1. that exceeded the school district's pupil participation limit under sub. (2) (be), the The department shall establish a waiting list in accordance with the preferences required under subd. 3. for each of the following:

AB56-SA3,1621 Section 1621. 118.60 (3) (ar) 4. a. and b. of the statutes are created to read:

AB56-SA3,106,23 118.60 (3) (ar) 4. a. A school district, other than an eligible school district or a 1st class city school district, for which the sum described under subd. 3. a. exceeds the school district's pupil participation limit under sub. (2) (be).

AB56-SA3,107,3 b. All school districts, other than an eligible school district or a 1st class city school district, if the sum described under subd. 3. b. exceeds the program cap under sub. (2) (bh) 2. b.

AB56-SA3,1622 Section 1622. 118.60 (3) (ar) 5. of the statutes is amended to read:

AB56-SA3,107,14 118.60 (3) (ar) 5. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. If, upon receiving notice under this subdivision, the department determines that the number of pupils attending private schools under this section falls below a school district's pupil participation limit under sub. (2) (be), or below the program cap under sub. (2) (bh) 2. b., the department shall fill any available slot in that school district or program with a pupil selected from the school district's applicable waiting list established under subd. 4., if such a waiting list exists.

AB56-SA3,1623 Section 1623. 118.60 (3) (b) of the statutes is amended to read:

AB56-SA3,108,2 118.60 (3) (b) If a participating private school rejects an applicant who resides within an eligible school district because the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant rejected under this paragraph or an applicant who is on the waiting list under par. (am) 4. may, subject to sub. (2) (bh) 2. a., be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside within an eligible school district. The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.

AB56-SA3,1624 Section 1624. 118.60 (3) (c) of the statutes is amended to read:

AB56-SA3,108,16 118.60 (3) (c) If a participating private school rejects an applicant who resides in a school district, other than an eligible school district or a 1st class city school district, because the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant who is rejected under this paragraph or an applicant who is on the a waiting list under sub. (3) par. (ar) 4. a. or b. may, subject to sub. (2) (be) and (bh) 2. b., be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside in a school district, other than an eligible school district or a 1st class city school district. The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.

AB56-SA3,1625 Section 1625. 118.60 (3m) (a) 2. of the statutes is amended to read:

AB56-SA3,108,22 118.60 (3m) (a) 2. The pupil is enrolled in a grade from 9 to 12 and the family income of the pupil, as determined under sub. (2) (a) 1., does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget line, as defined in 42 USC 9902 (2).

AB56-SA3,1626 Section 1626. 118.60 (3m) (b) 2. of the statutes is amended to read:

AB56-SA3,109,2 118.60 (3m) (b) 2. The family income of the pupil, as determined under sub. (2) (a) 1., exceeds an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget line, as defined in 42 USC 9902 (2).

AB56-SA3,1627 Section 1627. 118.60 (4) (bg) 3. of the statutes is amended to read:

AB56-SA3,109,15 118.60 (4) (bg) 3. In the 2015-16, 2016-17, 2017-18, and 2018-19 school year and in each school year thereafter years, 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.

AB56-SA3,1628 Section 1628. 118.60 (4) (bg) 6. of the statutes is created to read:

AB56-SA3,110,2 118.60 (4) (bg) 6. Beginning in the 2019-20 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, except as provided in subd. 7., 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 per pupil amount under s. 115.437 (2) (a) between the previous school year and the current school year, if positive.

AB56-SA3,1629 Section 1629. 118.60 (4) (bg) 7. of the statutes is created to read:

AB56-SA3,110,8 118.60 (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 substitute for the amount described in subd. 6. the amount determined under subd. 4. a. to d., with the following modifications:

AB56-SA3,110,15 a. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between kindergarten to 8 by 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 per pupil amount under s. 115.437 (2) (a) between the previous school year and the current school year, if positive.

AB56-SA3,110,22 b. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between 9 to 12 by 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 per pupil amount under s. 115.437 (2) (a) between the previous school year and the current school year, if positive.

AB56-SA3,1630 Section 1630. 118.60 (4v) (b) of the statutes is amended to read:

AB56-SA3,111,4 118.60 (4v) (b) If the department considers a pupil as a resident of an eligible school district under par. (a) for a school year, the department shall ensure that the pupil is not counted for that school year for purposes of determining whether a school district has exceeded its pupil participation limit under sub. (2) (be) and that the pupil is not counted for that school year for purposes of determining whether a program cap under sub. (2) (bh) 2. a. or b. has been exceeded.

AB56-SA3,1631 Section 1631. 118.60 (4v) (c) and (d) of the statutes are created to read:

AB56-SA3,111,9 118.60 (4v) (c) The department may consider a pupil enrolled in a private school participating in the program under this section who satisfies all of the following as a resident of a school district, other than an eligible school district or a 1st class city school district, who is enrolled in the private school under this section:

AB56-SA3,111,11 1. The pupil was a resident of an eligible school district when the pupil applied to participate in the program under this section.

AB56-SA3,111,13 2. The pupil accepted a space at a private school participating in the program under this section as a resident of an eligible school district.

AB56-SA3,111,15 3. The pupil resides in a school district, other than an eligible school district or a 1st class city school district, on the 3rd Friday in September.

AB56-SA3,111,18 4. The private school the pupil is attending under this section accepts applications under this section from pupils who reside in school districts, other than an eligible school district or a 1st class city school district.

AB56-SA3,111,25 (d) If the department considers a pupil as a resident of a school district, other than an eligible school district or a 1st class city school district, under par. (c) for a school year, the department shall ensure that the pupil is not counted for that school year for purposes of determining whether the school district has exceeded its pupil participation limit under sub. (2) (be) and that the pupil is not counted for that school year for purposes of determining whether a program cap under sub. (2) (bh) 2. a. or b. has been exceeded.

AB56-SA3,1632 Section 1632. 118.60 (7) (ad) 1. of the statutes is amended to read:

AB56-SA3,112,11 118.60 (7) (ad) 1. If a private school participating in the program under this section or s. 119.23 and accredited under sub. (2) (a) 7. to offer instruction in any elementary grade, but not any high school grade, seeks to offer instruction in any high school grade, the private school shall apply for and achieve accreditation by an accrediting entity to offer instruction in the additional grades in the manner established under sub. (2) (a) 7. c by December 31 of the first school year in which the private school begins offering instruction in the additional grades and shall obtain accreditation by an accrediting entity by December 31 of the 3rd school year following the first school year in which the private school begins offering instruction in the additional grades.

AB56-SA3,1633 Section 1633. 118.60 (7) (ad) 2. of the statutes is amended to read:

AB56-SA3,112,22 118.60 (7) (ad) 2. If a private school participating in the program under this section or s. 119.23 and accredited under sub. (2) (a) 7. to offer instruction in any high school grade, but not any elementary grade, seeks to offer instruction in any elementary grade, the private school shall apply for and achieve accreditation by an accrediting entity to offer instruction in the additional grades in the manner established under sub. (2) (a) 7. c by December 31 of the first school year in which the private school begins offering instruction in the additional grades and shall obtain accreditation by an accrediting entity by December 31 of the 3rd school year following the first school year in which the private school begins offering instruction in the additional grades.

AB56-SA3,1634 Section 1634. Subchapter I (title) of chapter 119 [precedes 119.01] of the statutes is repealed.

AB56-SA3,1635 Section 1635. 119.02 (1) of the statutes is amended to read:

AB56-SA3,113,3 119.02 (1) “Board" means the board of school directors in charge of the public schools of a city of the 1st class other than those public schools transferred to the opportunity schools and partnership programs under s. 119.33 or subch. II.

AB56-SA3,1636 Section 1636. 119.02 (2g) of the statutes is repealed.

AB56-SA3,1637 Section 1637. 119.02 (4) of the statutes is repealed.

AB56-SA3,1638 Section 1638. 119.04 (1) of the statutes is amended to read:

AB56-SA3,113,20 119.04 (1) Subchapters IV, V, and VII of ch. 115, ch. 121, and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.367, 115.38 (2), 115.415, 115.445, 115.447, 115.448, 115.449, 115.457, 115.458, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.237, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB56-SA3,1639 Section 1639 . 119.04 (1) of the statutes, as affected by 2019 Wisconsin Act .... (this act), is amended to read:

AB56-SA3,114,8 119.04 (1) Subchapters IV, V, and VII VIII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.367, 115.38 (2), 115.415, 115.445, 115.447, 115.448, 115.449, 115.457, 115.458, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.237, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

AB56-SA3,1640 Section 1640. 119.16 (1n) of the statutes is repealed.

AB56-SA3,1641 Section 1641. 119.16 (2) of the statutes is amended to read:

AB56-SA3,114,16 119.16 (2) Establish schools and districts. The board shall maintain the public schools in the city, other than those public schools transferred to the opportunity schools and partnership programs under s. 119.33 and subch. II, and shall establish, organize, and maintain such schools as the board determines are necessary to accommodate the children entitled to instruction therein. The board shall divide the city into attendance districts for such schools.

AB56-SA3,1642 Section 1642. 119.16 (8) (a) of the statutes is amended to read:

AB56-SA3,114,24 119.16 (8) (a) Annually before adopting its budget for the ensuing school year and at least 5 days before transmitting its completed budget under par. (b), the board shall hold a public hearing on the proposed school budget at a time and place fixed by the board. At least 45 days before the public hearing, the board shall notify the superintendent of schools and the commissioner of the date, time, and place of the hearing. At least one week before the public hearing, the board shall publish a class 1 notice, under ch. 985, of the public hearing.

AB56-SA3,1643 Section 1643. 119.16 (8) (b) of the statutes is amended to read:

AB56-SA3,115,9 119.16 (8) (b) The board shall transmit its completed budget to the common council on or before the first Monday in August of each year on forms furnished by the auditing officer of the city, and shall include in the budget the information specified under s. 119.46 (1) for all public schools in the city under this chapter, including the schools transferred to the opportunity schools and partnership programs under s. 119.33 and subch. II. The board shall itemize those portions of the budget allocated to schools transferred to the opportunity schools and partnership programs under s. 119.33 and subch. II. Such completed budget shall be published with the budget summary under s. 65.04 (2) or 65.20 and budget under s. 65.05 (7).

AB56-SA3,1644 Section 1644. 119.16 (9) of the statutes is amended to read:

AB56-SA3,115,14 119.16 (9) School budget. Annually, the board shall prepare a budget for each school in the school district operating under this chapter, other than the schools transferred to the opportunity schools and partnership programs under s. 119.33 and subch. II.

AB56-SA3,1645 Section 1645. 119.16 (15) of the statutes is repealed.

AB56-SA3,1646 Section 1646. 119.23 (2) (a) (intro.) of the statutes is amended to read:

AB56-SA3,115,19 119.23 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (b), any pupil in grades kindergarten to 12 who resides within the city may attend any private school if all of the following apply:

AB56-SA3,1647 Section 1647. 119.23 (2) (a) 1. a. of the statutes is amended to read:

AB56-SA3,116,5 119.23 (2) (a) 1. a. 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 line, as defined in 42 USC 9902 (2). 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, 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.

AB56-SA3,1648 Section 1648. 119.23 (2) (a) 6. a. of the statutes is amended to read:

AB56-SA3,116,11 119.23 (2) (a) 6. a. Except as provided in subd. 6. c., all of the private school's teachers have a teaching license issued by the department or a bachelor's degree or a degree or educational credential higher than a bachelor's degree, including a masters or doctorate, from a nationally or regionally accredited institution of higher education. This subd. 6. a. does not apply after June 30, 2022.

AB56-SA3,1649 Section 1649. 119.23 (2) (a) 6m. of the statutes is created to read:

AB56-SA3,116,15 119.23 (2) (a) 6m. a. Except as provided in subd. 6m. b., beginning on July 1, 2022, all of the private school's teachers have a teaching license or permit issued by the department.

AB56-SA3,116,25 b. Any teacher employed by the private school on July 1, 2022, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2022, and who does not satisfy the requirements under subd. 6m. a. on July 1, 2022, applies to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 6m. a. The department shall promulgate rules to implement this subd. 6m. b., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under subd. 6m. a. No waiver granted under this subd. 6m. b. is valid after July 1, 2027.

AB56-SA3,1650 Section 1650. 119.23 (2) (a) 7. bg. of the statutes is amended to read:

AB56-SA3,117,14 119.23 (2) (a) 7. bg. Each If the private school that begins participation in the program under this section on or after April 10, 2014, and before the 2021-22 school year, and that the private school is not accredited by an accrediting entity, shall obtain the private school obtains preaccreditation by a preaccrediting entity by August 1 before the first school term in which the private school begins participation in the program under this section, or by May 1 if the private school begins participating in the program during summer school. In any school year, a private school to which this subd. 7. bg. applies may apply for and seek to obtain preaccreditation from only one preaccrediting entity. A private school to which this subd. 7. bg. applies that fails to obtain preaccreditation as required under this subd. 7. bg. may not participate in the program under this section or under s. 118.60 until preaccreditation has been obtained, but the private school may apply for and seek to obtain preaccreditation from a preaccrediting entity for the following school year.

AB56-SA3,1651 Section 1651. 119.23 (2) (a) 7. br. of the statutes is amended to read:

AB56-SA3,117,25 119.23 (2) (a) 7. br. A private school to which If subd. 7. bg. applies shall apply to the private school, the private school applies for accreditation by an accrediting entity by December 31 of the first school year that begins after April 10, 2014, in which the private school begins participation in the program under this section, and shall achieve obtains accreditation by an accrediting entity by December 31 of the 3rd school year following the school year in which the private school begins participation in the program under this section. If the private school is accredited under this subd. 7. br., the private school is not required to obtain preaccreditation as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

AB56-SA3,1652 Section 1652. 119.23 (2) (a) 7. f. of the statutes is created to read:

AB56-SA3,118,5 119.23 (2) (a) 7. f. If the private school begins participation in the program under this section in the 2021-22 school year or in any school year thereafter, the private school is accredited by an accrediting entity by August 1 of the school year in which the private school begins participation in the program under this section.

AB56-SA3,1653 Section 1653. 119.23 (2) (ag) 4. of the statutes is amended to read:

AB56-SA3,118,15 119.23 (2) (ag) 4. Notwithstanding If the new private school begins participation in the program under this section before the 2021-22 school year, notwithstanding the deadline to obtain preaccreditation under sub. (2) par. (a) 7. bg., by December 15 of the school year immediately preceding the school year in which the new private school intends to participate in the program under this section, obtain preaccreditation from a preaccrediting entity. If the new private school begins participation in the program under this section in the 2021-22 school year or in any school year thereafter, the new private school shall comply with the requirement under par. (a) 7. f.

AB56-SA3,1654 Section 1654. 119.23 (2) (b) of the statutes is created to read:

AB56-SA3,118,19 119.23 (2) (b) 1. In this paragraph, “program cap” means the total number of pupils residing in the city who attended a private school under this section in the 2019-20 school year.

AB56-SA3,118,22 2. Beginning with the 2020-21 school year, the total number of pupils residing in the city who may attend a private school under this section during a school year may not exceed the program cap.

AB56-SA3,1655 Section 1655. 119.23 (2) (c) 3. of the statutes is created to read:

AB56-SA3,119,2 119.23 (2) (c) 3. Notwithstanding par. (a) 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 hold a license or permit to teach issued by the department.

AB56-SA3,1656 Section 1656. 119.23 (3) (a) (intro.) of the statutes is amended to read:

AB56-SA3,119,17 119.23 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. No later than 60 days after the end of the application period during which an application is received and subject to par. (ar), the private school shall notify each applicant, in writing, whether his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. A Subject to par. (ar), a private school may reject an applicant only if it the private school has reached its maximum general capacity or seating capacity. The Except as provided in par. (ar), the state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference to the following in accepting applications, in order of preference listed:

AB56-SA3,1657 Section 1657. 119.23 (3) (ar) of the statutes is created to read:

AB56-SA3,119,20 119.23 (3) (ar) All of the following apply to applications to attend a private school under this section submitted by pupils who reside in the city:

AB56-SA3,120,2 1. A private school that has submitted a notice of intent to participate under sub. (2) (a) 3. may accept applications for a school year during application periods determined by the department from pupils who reside in the city. For each school year, the department shall establish one or more application periods under this subdivision, the first of which begins no later than February 1 of the school year before the applicable school year, and the last of which ends no later than September 14 of the applicable school year.

AB56-SA3,120,9 2. Each private school that received applications under subd. 1. shall report to the department the number of pupils who applied under subd. 1. to attend the private school under this section and the names of those applicants who have siblings who also applied under subd. 1. to attend the private school under this section. The private school shall submit the report no later than 10 days after each application period described under subd. 1. during which the private school received applications.

AB56-SA3,120,19 3. After the end of each application period described under subd. 1, upon receipt of the information under subd. 2., the department shall determine the sum of all applicants for pupils residing in the city. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program only once. If, after the end of an application period described under subd. 1., the sum of all applicants for pupils residing in the city exceeds the program cap under sub. (2) (b), the department shall determine which applications submitted during the application period to accept on a random basis, except that the department shall give preference to the applications of pupils described in par. (a) 1. to 5., in the order of preference listed in that paragraph.