AB855: Bill Text

AB855,9,25 118.33 (6) (c) 1. The governing body of each private school participating in the program under s. 119.23 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 119.23 from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1s) (a) or (am), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.

AB855,10,8 2. Beginning on September 1, 2005, the governing body of a private school participating in the program under s. 119.23 may not promote a 4th grade pupil who is attending the private school under s. 119.23 to the 5th grade, and may not promote an 8th grade pupil who is attending the private school under s. 119.23 to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the governing body's policy under subd. 1.

AB855, s. 20 Section 20. 119.23 (2) (b) of the statutes is renumbered 119.23 (2) (b) 1.

AB855, s. 21 Section 21. 119.23 (2) (b) 2. of the statutes is created to read:

AB855,10,12 119.23 (2) (b) 2. No more than 65 percent of a private school's enrollment may consist of pupils attending the private school under this section.

AB855, s. 22 Section 22. 119.23 (6m) of the statutes is created to read:

AB855,10,15 119.23 (6m) Each private school participating in the program under this section shall do all of the following:

AB855,10,17 (a) Provide to each person who applies to attend the private school all of the following:

AB855,10,19 1. A list of the names, addresses, and telephone numbers of the members of the private school's governing body and of the private school's shareholders, if any.

AB855,10,24 2. A notice stating whether the private school is an organization operated for profit or not for profit. If the private school is a nonprofit organization, the private school shall also provide the applicant with a copy of the certificate issued under section 501 (c) (3) of the Internal Revenue Code verifying that the private school is a nonprofit organization that is exempt from federal income tax.

AB855,10,25 3. A copy of the appeals process used if the private school rejects the applicant.

AB855,11,4 4. A statement that the private school agrees to permit public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

AB855,11,8 5. A statement that the private school agrees to provide public access to meetings of the governing body of the private school to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.

AB855,11,10 6. A copy of the private school's policies and procedures on nondiscrimination adopted under s. 118.13 (2) (am).

AB855,11,15 (b) Upon request by any person, provide the material specified in par. (a) and the number of pupils enrolled in the private school in the previous school year, pupil scores on standardized tests administered in the previous school year, and the number of pupils who were expelled or who failed to graduate in the previous school year.

AB855, s. 23 Section 23. 119.23 (7) (a) (intro.) of the statutes is amended to read:

AB855,11,20 119.23 (7) (a) (intro.) Each private school participating in the program under this section shall meet at least one 3 of the following standards and annually submit to the department a report describing the school's status with respect to the 4th standard:

AB855, s. 24 Section 24. 119.23 (7) (am) of the statutes is renumbered 119.23 (7) (d) 4. and amended to read:

AB855,12,2 119.23 (7) (d) 4. Each private school participating in the program under this section is subject to Comply with uniform financial accounting standards established by the department and annually shall submit to the department an independent financial audit of the private school.

AB855, s. 25 Section 25. 119.23 (7) (b) of the statutes is amended to read:

AB855,12,8 119.23 (7) (b) The state superintendent shall monitor the performance of the pupils attending private schools under this section. If the state superintendent determines in any school year that the private school is not meeting at least one 3 of the standards under par. (a), that private school may not participate in the program under this section in the following school year.

AB855, s. 26 Section 26. 119.23 (7) (c) of the statutes is renumbered 119.23 (7m) (a) and amended to read:

AB855,12,16 119.23 (7m) (a) A private school may not require a pupil attending the private school under this section to participate in any religious activity if the pupil's parent or guardian submits to the pupil's teacher or the private school's principal a written request that the pupil be exempt from such activities the activity. The private school shall ensure that a pupil who is exempt from participating in a religious activity under this paragraph is not present in the room in which the religious activity occurs.

AB855, s. 27 Section 27. 119.23 (7) (d) of the statutes is created to read:

AB855,12,19 119.23 (7) (d) The governing body of each private school participating in the program under this section shall do all of the following:

AB855,12,23 1. Permit public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

AB855,13,3 2. Provide public access to its meetings to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.

AB855,13,5 3. Administer to the pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.

AB855, s. 28 Section 28. 119.23 (7m) (b) to (d) of the statutes are created to read:

AB855,13,14 119.23 (7m) (b) Each private school participating in the program under this section shall adopt a policy implementing par. (a) and provide a copy of the policy to each person who expresses an interest in attending the private school under this section and annually to the department with the notice under sub. (2) (a) 3. The private school shall include in the policy a list of the school activities that it has determined are religious activities for the purpose of par. (a). The list shall include religious worship, religious instruction, and any school activity that the private school has determined is sectarian, proselytizing, or religiously doctrinal in nature.

AB855,13,18 (c) Each private school participating in the program under this section shall provide a pupil who is exempt from one or more religious activities under par. (a) with a sufficient number of hours of instruction to meet the requirement under s. 118.165 (1) (c) and to enable the pupil to advance from grade to grade in the private school.

AB855,13,21 (d) The department shall promulgate rules to implement and administer this subsection, including rules specifying the supervision required for pupils who are exempt from religious activities under par. (a).

AB855, s. 29 Section 29. 119.23 (10) of the statutes is created to read:

AB855,14,6 119.23 (10) Upon the department's request, a private school that has notified the department of its intent to participate, or that is participating, in the program under this section shall demonstrate to the department's satisfaction that its educational program meets all of the criteria under s. 118.165 (1). The department may require the private school to submit documents for that purpose, including a school calendar, a daily schedule indicating the school's hours of instruction, and evidence showing that the school's educational program provides a sequentially progressive curriculum of fundamental instruction in the subjects specified in s. 118.165 (1) (d).

AB855, s. 30 Section 30. Initial applicability.

AB855,14,11 (1) Except as provided in subsection (2), this act first applies to private schools participating in the program under section 119.23 of the statutes, and to pupils who attend a private school under section 119.23 of the statutes, in the 2004-05 school year.

AB855,14,14 (2) The treatment of sections 118.13 (1m) and 119.23 (6m) (a) and (7m) (b) of the statutes first applies to persons who apply to attend a private school under section 119.23 of the statutes in the 2004-05 school year.

AB855,14,15 (End)