LRB-3292/4
MJL:hmh:jf
2001 - 2002 LEGISLATURE
September 17, 2001 - Introduced by Representatives Underheim, McCormick,
Wieckert, Jensen, Staskunas, Ainsworth, Duff, Sykora, Starzyk, Lippert,
Krawczyk, M. Lehman, Petrowski, Ladwig, Miller, Ott, Vrakas and
Jeskewitz, cosponsored by Senators Roessler and Huelsman. Referred to
Committee on Education Reform.
AB492,1,3
1An Act to renumber 44.73 (6); and
to create 44.73 (6) (b), (c) and (d) of the
2statutes;
relating to: use of educational telecommunications access program
3grants.
Analysis by the Legislative Reference Bureau
Currently, a statute authorizes the technology for educational achievement in
Wisconsin (TEACH) board to award educational telecommunications access grants
to private schools, including sectarian schools, that had in effect in 1997 contracts
for access to data lines or video links. In a decision issued on April 27, 2001 (Freedom
from Religion Foundation, Inc. v. Mark D. Bugher, No. 99-2850), the United States
Court of Appeals for the Seventh Circuit affirmed a district court decision that held
that awarding these grants to sectarian schools violated the Establishment Clause
of the United States and Wisconsin constitutions because the provision of direct aid
to sectarian schools has the principal effect of advancing religion. More specifically,
the Seventh Circuit noted that the grant program was unconstitutional because
there were no statutory probations or administrative enforcements to ensure that
the grants were not used for religious purposes.
This bill provides that a recipient of an educational telecommunications access
grant may use the grant moneys only for educational technology purposes and may
not use grant moneys for sectarian worship, sectarian instruction, or proselytization.
In addition, the bill requires each private school that receives a grant to file an
annual expenditure report with the TEACH board and to segregate grant moneys in
a separate account that is subject to state audit. Finally, the bill requires a private
school that uses the grant moneys for a prohibited purpose to reimburse the TEACH
board and provides that the private school is ineligible for additional educational
telecommunication access grants.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB492, s. 1
1Section
1. 44.73 (6) of the statutes is renumbered 44.73 (6) (a).
AB492, s. 2
2Section
2. 44.73 (6) (b), (c) and (d) of the statutes are created to read:
AB492,2,63
44.73
(6) (b) A recipient of a grant awarded under this subsection may use grant
4moneys only for educational technology purposes, as defined by the board by rule.
5A recipient of a grant awarded under this subsection may not use grant moneys for
6sectarian worship, sectarian instruction, or proselytization.
AB492,2,87
(c) A private school that receives a grant under this subsection shall do all of
8the following:
AB492,2,109
1. File an expenditure report with the board by January 15 of the calendar year
10following the year the grant is awarded.
AB492,2,1211
2. Segregate grant moneys received under this subsection in a separate account
12that the board or the legislative audit bureau may audit.
AB492,2,1713
(d) If a private school uses grant moneys awarded under this subsection for any
14purpose prohibited under par. (b), the private school shall reimburse the board in an
15amount equal to the grant moneys expended for the prohibited purpose. A private
16school that uses grant moneys for a prohibited purpose is ineligible for additional
17grants under this subsection.
