LRBb0584/1
FFK:amn
2019 - 2020 LEGISLATURE
SENATE AMENDMENT 8,
TO ASSEMBLY BILL 56
June 26, 2019 - Offered by Senator Larson.
AB56-SA8,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB56-SA8,1,3 31. Page 418, line 7: after that line insert:
AB56-SA8,1,4 4 Section 1515d. 118.016 (1) (bm) of the statutes is created to read:
AB56-SA8,1,135 118.016 (1) (bm) Beginning in the 2019-20 school year, each governing body
6of a private school participating in a program under s. 118.60 or 119.23 shall, using
7the appropriate, valid, and reliable assessment of literacy fundamentals selected by
8the school board or operator, annually assess each pupil enrolled in 4-year-old
9kindergarten to 2nd grade attending the private school under the program under s.
10118.60 or 119.23 for reading readiness. The governing body shall ensure that the
11assessment evaluates whether a pupil possesses phonemic awareness and letter
12sound knowledge. The governing body of a private school may administer computer
13adaptive assessments.
AB56-SA8,1516d
1Section 1516d. 118.016 (1) (c), (1g), (1r) and (2) of the statutes are amended
2to read:
AB56-SA8,2,93 118.016 (1) (c) The department shall pay to the school board or, operator, or
4governing body of a private school,
from the appropriation under s. 20.255 (1) (f), the
5per pupil cost of the selected assessment. If the appropriation under s. 20.255 (1) (f)
6in any fiscal year is insufficient to pay the full amount of aid under this paragraph,
7the state superintendent shall prorate state aid payments among the school boards
8and, operators of charter schools , and governing bodies of private schools entitled to
9the aid.
AB56-SA8,2,12 10(1g) If a pupil is enrolled in a special education program under subch. V of ch.
11115, the school board or, operator of the charter school under s. 118.40 (2r) or (2x),
12or governing body of the private school
shall comply with s. 115.77 (1m) (bg).
AB56-SA8,2,15 13(1r) The school board or, operator of the charter school, or governing body of
14the private school
shall report the results of a pupil's assessment under sub. (1) to
15the pupil's parent or guardian.
AB56-SA8,2,20 16(2) The school board of the school district or operator of the charter school in
17which the pupil is enrolled or the private school the pupil attends under s. 118.60 or
18119.23
shall provide a pupil whose assessment under sub. (1) indicates that he or she
19is at risk of reading difficulty with interventions or remedial reading services, as
20described under s. 121.02 (1) (c).
AB56-SA8,1517d 21Section 1517d. 118.30 (5m) of the statutes is amended to read:
AB56-SA8,3,322 118.30 (5m) When determining the percentage of pupils participating in the
23program under s. 119.23 who performed at designated proficiency levels on the
24examinations administered as required under sub. (1s) or s. 118.301 (3), the
25department shall consider only the pupils participating in the program under s.

1119.23 to whom the examinations were administered at each grade level, and shall

2may not exclude from consideration those pupils participating in the program under
3s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.
AB56-SA8,1518d 4Section 1518d. 118.305 (1) (gm) of the statutes is created to read:
AB56-SA8,3,75 118.305 (1) (gm) “Pupil” does not include a pupil attending a private school
6participating in a program under s. 115.7915, 118.60, or 119.23 who is not
7participating the program.
AB56-SA8,1519d 8Section 1519d. 118.305 (1) (h) of the statutes is amended to read:
AB56-SA8,3,109 118.305 (1) (h) “School" means a public school, including a charter school, and
10a private school participating in the program under s. 115.7915 , 118.60, or 119.23.
AB56-SA8,1520d 11Section 1520d. 118.305 (3) (e) of the statutes is amended to read:
AB56-SA8,3,1312 118.305 (3) (e) It does not constitute corporal punishment, as defined in s.
13118.31 (1) (a).
AB56-SA8,1521d 14Section 1521d. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and
15amended to read:
AB56-SA8,3,1616 118.31 (1) (intro.) In this section, “ corporal:
AB56-SA8,3,22 17(a) “Corporal punishment" means the intentional infliction of physical pain
18which is used as a means of discipline. “Corporal punishment" includes, but is not
19limited to, paddling, slapping or prolonged maintenance of physically painful
20positions, when used as a means of discipline. “Corporal punishment" does not
21include actions consistent with an individualized education program developed
22under s. 115.787 or reasonable physical activities associated with athletic training.
AB56-SA8,1523d 23Section 1523d. 118.31 (1) (b) of the statutes is created to read:
AB56-SA8,3,2524 118.31 (1) (b) “Private school" means a private school that is participating in
25a parental choice program under s. 115.7915, 118.60, or 119.23.
AB56-SA8,1524d
1Section 1524d. 118.31 (2) of the statutes is amended to read:
AB56-SA8,4,52 118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a
3school board may subject a pupil enrolled in the school district to corporal
4punishment and no official, employee, or agent of a private school may subject a pupil
5attending the private school to corporal punishment
.
AB56-SA8,1525d 6Section 1525d. 118.31 (3) (intro.) of the statutes is amended to read:
AB56-SA8,4,87 118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or
8agent of a school board or of a private school from:
AB56-SA8,1526d 9Section 1526d. 118.31 (4) of the statutes is amended to read:
AB56-SA8,4,1610 118.31 (4) Each school board and each governing body of a private school shall
11adopt a policy that allows any official, employee, or agent of the school board or
12private school
to use reasonable and necessary force for the purposes of sub. (3) (a)
13to (h). In determining whether or not a person an official, employee, or agent of a
14school board or private school
was acting within the exceptions in sub. (3), deference
15shall be given to reasonable, good faith judgments made by an the official, employee,
16or agent of a school board.
AB56-SA8,1527d 17Section 1527d. 118.31 (5) of the statutes is amended to read:
AB56-SA8,4,2318 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a
19separate basis for civil liability of a school board or of a governing body of a private
20school
or their officials, employees or agents of an official, employee, or agent of the
21school board or private school
for damages arising out of claims involving allegations
22of improper or unnecessary use of force by a school employees official, employee, or
23agent
against students a pupil.
AB56-SA8,1528d 24Section 1528d. 118.31 (6) of the statutes is amended to read:
AB56-SA8,5,4
1118.31 (6) Nothing in this section shall prohibit, permit or otherwise affect any
2action taken by an official, employee, or agent of a school board or private school with
3regard to a person who is not a pupil enrolled in the school district or attending the
4private school
.
AB56-SA8,1529d 5Section 1529d. 118.33 (1) (f) 5. of the statutes is created to read:
AB56-SA8,5,106 118.33 (1) (f) 5. Beginning in the 2019-20 school year, the governing body of
7each private school participating in a parental choice program under s. 118.60 or
8119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting
9a high school diploma specified in pars. (a) and (b), with the exceptions provided in
10pars. (d) and (e).
AB56-SA8,1530d 11Section 1530d. 118.60 (2) (a) 9. of the statutes is created to read:
AB56-SA8,5,1212 118.60 (2) (a) 9. The private school is located in this state.
AB56-SA8,1531d 13Section 1531d. 118.60 (2) (e) of the statutes is created to read:
AB56-SA8,5,1514 118.60 (2) (e) No more than 49 percent of a private school's enrollment may
15consist of pupils attending the private school under this section and s. 119.23.
AB56-SA8,1532d 16Section 1532d. 118.60 (4) (bg) 3. of the statutes is amended to read:
AB56-SA8,6,317 118.60 (4) (bg) 3. In the 2015-16 to 2018-19 school year and in each school year
18thereafter
years, upon receipt from the pupil's parent or guardian of proof of the
19pupil's enrollment in the private school during a school term, except as provided in
20subd. 5., the state superintendent shall pay to the private school in which the pupil
21is enrolled on behalf of the pupil's parent or guardian, from the appropriation under
22s. 20.255 (2) (fr), an amount equal to the sum of the maximum amount per pupil the
23state superintendent paid a private school under this section in the previous school
24year for the grade in which the pupil is enrolled; the amount of the per pupil revenue
25adjustment under s. 121.91 (2m) for the current school year, if positive; and the

1change in the amount of statewide categorical aid per pupil between the previous
2school year and the current school year, as determined under s. 118.40 (2r) (e) 2p.,
3if positive.
AB56-SA8,1533d 4Section 1533d. 118.60 (4) (bg) 6. of the statutes is created to read:
AB56-SA8,6,95 118.60 (4) (bg) 6. Beginning in the 2019-20 school year, upon receipt from the
6pupil's parent or guardian of proof of the pupil's enrollment in the private school
7during a school term, the state superintendent shall pay to the private school in
8which the pupil is enrolled on behalf of the pupil's parent or guardian, from the
9appropriation under s. 20.255 (2) (fr), an amount equal to the lesser of the following:
AB56-SA8,6,1110 1. The amount equal to the private school's operating and debt service cost per
11pupil that is related to educational programming, as determined by the department.
AB56-SA8,6,1412 2. The average of the tuition paid by a pupil attending the private school, but
13not under the program under this section or the program under s. 119.23, in the
14current and 2 preceding school years.
AB56-SA8,6,1515 3. For a pupil in grade kindergarten to 8, $7,754.
AB56-SA8,6,1616 4. For a pupil in grade 9 to 12, $8,400.
AB56-SA8,1534d 17Section 1534d. 118.60 (4) (dc) of the statutes is created to read:
AB56-SA8,6,1918 118.60 (4) (dc) In determining a private school's operating and debt service cost
19per pupil under par. (bg), the department shall do all of the following:
AB56-SA8,6,2120 1. Subtract only the following, up to the actual cost of the service or material
21related to each item:
AB56-SA8,6,2222 a. Fees charged to pupils for books and supplies used in classes and programs.
AB56-SA8,6,2323 b. Rentals for school buildings.
AB56-SA8,6,2424 c. Food service revenues.
AB56-SA8,6,2525 d. Governmental financial assistance.
AB56-SA8,7,1
1e. Interest and other income resulting from the investment of debt proceeds.
AB56-SA8,7,72 2. If legal title to the private school's buildings and premises is held in the name
3of the private school's parent organization or other related party, there is no other
4mechanism to include the private school's facility costs in the calculation of its
5operating and debt service cost, and the private school requests that the department
6do so, include an amount equal to 10.5 percent of the fair market value of the school
7and its premises.
AB56-SA8,7,128 3. Allow a private school to accumulate up to 15 percent of the private school's
9annual operating and debt service costs related to educational programming in a
10reserve account and include any increase to that reserved amount in the
11department's determination of the private school's operating and debt service costs
12related to programming for that school year.
AB56-SA8,1535d 13Section 1535d. 118.60 (4m) (a) of the statutes is repealed and recreated to
14read:
AB56-SA8,7,1915 118.60 (4m) (a) In addition to the payment under sub. (4), the state
16superintendent shall, subject to par. (b), pay to each private school participating in
17the program under this section, on behalf of the parent or guardian of each pupil
18attending the private school under this section, in the manner described in sub. (4)
19(c), the amount determined as follows:
AB56-SA8,7,2120 1. Determine the private school's operating and debt service cost per pupil in
21summer school that is related to educational programming.
AB56-SA8,7,2222 2. Multiply the amount under subd. 1. by 0.40.
AB56-SA8,7,2523 3. Multiply the product under subd. 2. by the quotient determined by dividing
24the summer choice average daily membership equivalent of the private school by the
25total number of pupils for whom payments are being made under sub. (4).
AB56-SA8,1536d
1Section 1536d. 118.60 (7) (b) 3m. of the statutes is amended to read:
AB56-SA8,8,122 118.60 (7) (b) 3m. Annually, schedule 2 meetings at least one meeting each
3month
at which members of the governing body of the private school will be present
4and at which pupils, and the parents or guardians of pupils, applying to attend the
5private school or attending the private school may meet and communicate with the
6members of the governing body. The meetings shall be open to the public. The
7private school shall, within 30 days after the start of the school term, notify the
8department in writing of the scheduled meeting dates and shall, at least 30 days
9before the scheduled meeting date, notify in writing each pupil, or the parent or
10guardian of each minor pupil, applying to attend the private school or attending the
11private school of the meeting date, time, and place. The private school shall provide
12notice of the meetings in the manner provided in s. 19.84.
AB56-SA8,1537d 13Section 1537d. 118.60 (7) (b) 9. of the statutes is created to read:
AB56-SA8,8,1814 118.60 (7) (b) 9. Permit public inspection and copying of any record, as defined
15in s. 19.32 (2), of the private school to the same extent as required of, and subject to
16the same terms and enforcement provisions that apply to, a school board under
17subch. II of ch. 19. This subdivision applies only to records that relate to pupils
18attending the private school under this section.
AB56-SA8,1538d 19Section 1538d. 118.60 (7) (d) 1. b. of the statutes is amended to read:
AB56-SA8,8,2520 118.60 (7) (d) 1. b. A Except as provided in subd. 1. c., a copy of the school's
21current certificate of occupancy issued by the municipality within which the school
22is located. If the private school moves to a new location, the private school shall
23submit a copy of the new certificate of occupancy issued by the municipality within
24which the school is located to the department before the attendance of pupils at the
25new location and before the next succeeding date specified in s. 121.05 (1) (a).
AB56-SA8,9,9
1c. If the municipality within which the private school is located does not issue
2certificates of occupancy, the private school may submit a certificate of occupancy
3issued by the local or regional governmental unit with authority to issue certificates
4of occupancy or a letter or form from the municipality within which the private school
5is located that explains that the municipality does not issue certificates of occupancy.
6A temporary certificate of occupancy does not meet the requirement of this
7subdivision
private school to which this subd. 1. c. applies shall annually obtain a
8building inspection of the school building
. This subdivision applies only to a private
9school located in an eligible school district.
AB56-SA8,1539d 10Section 1539d. 118.60 (7) (d) 1. d. of the statutes is created to read:
AB56-SA8,9,1211 118.60 (7) (d) 1. d. A temporary certificate of occupancy does not satisfy the
12requirements of this subdivision.
AB56-SA8,1540d 13Section 1540d. 118.60 (7) (i) of the statutes is created to read:
AB56-SA8,9,2314 118.60 (7) (i) Beginning in the 2019-20 school year, each private school
15participating in the program under this section shall annually report to the
16department the numbers of suspensions and expulsions; the reasons for which pupils
17are suspended or expelled, according to categories specified by the department; the
18length of time for which pupils are expelled, according to categories specified by the
19department; whether pupils return to school after their expulsion; the educational
20programs and services, if any, provided to pupils during their expulsions, reported
21according to categories specified by the department; and the grade, sex, and ethnicity
22of pupils who are suspended or expelled and whether the pupils are children with
23disabilities, as defined in s. 115.76 (5).
AB56-SA8,1541d 24Section 1541d. 118.60 (10) (a) 7. of the statutes is amended to read:
AB56-SA8,9,2525 118.60 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or, 6., or 9.
AB56-SA8,1542d
1Section 1542d. 118.60 (10) (a) 9. of the statutes is created to read:
AB56-SA8,10,32 118.60 (10) (a) 9. Violated or employed an individual who violated s. 118.016,
3118.305, 118.31, or 118.33 (1) (f) 5.
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