AB986: Bill Text

AB986, s. 13 Section 13. 118.30 (2) (b) 5. of the statutes is created to read:

AB986,10,6 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 119.23 shall excuse the pupil from taking an examination administered under sub. (1s).

AB986, s. 14 Section 14. 118.30 (6) of the statutes is amended to read:

AB986,10,17 118.30 (6) A school board and, an operator of a charter school under s. 118.40 (2r), and the governing body of a private school participating in the program under s. 119.23 is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) if the school board or, the operator of the charter school, or the governing body of the private school administers its own 4th and 8th grade examinations, the school board or , operator of the charter school, or governing body of the private school provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1), and the federal department of education approves.

AB986, s. 15 Section 15. 118.33 (1) (f) 2m. of the statutes is created to read:

AB986,10,23 118.33 (1) (f) 2m. The governing body of each private school participating in the program under s. 119.23 shall develop a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 119.23. The criteria shall include the pupil's academic performance and the recommendations of teachers.

AB986, s. 16 Section 16. 118.33 (1) (f) 3. of the statutes is amended to read:

AB986,11,8 118.33 (1) (f) 3. Beginning on September 1, 2005, neither a school board nor an operator of a charter school under s. 118.40 (2r) may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2. Beginning on September 1, 2005, the governing body of a private school participating in the program under s. 119.23 may not grant a high school diploma to any pupil attending the private school under s. 119.23 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2m.

AB986, s. 17 Section 17. 118.33 (6) (c) of the statutes is created to read:

AB986,11,18 118.33 (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.

AB986,11,24 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.

AB986, s. 18 Section 18. 118.40 (2r) (c) 1. of the statutes is amended to read:

AB986,12,3 118.40 (2r) (c) 1. Only Except as provided in subds. 3., 4., and 5., only pupils who reside in the school district in which a charter school established under this subsection is located may attend the charter school.

AB986, s. 19 Section 19. 118.40 (2r) (c) 2. of the statutes is repealed.

AB986, s. 20 Section 20. 118.40 (2r) (c) 3. of the statutes is created to read:

AB986,12,8 118.40 (2r) (c) 3. A pupil may attend Woodlands School, a charter school established in the school district operating under ch. 119 under this subsection, regardless of the pupil's school district of residence, if any of the following applies:

AB986,12,10 a. The pupil attended Woodlands School in the 2003-04 school year and, beginning in the 2005-06 school year, in the previous school year.

AB986,12,12 b. The pupil's sibling attended Woodlands School in the 2003-04 school year and in the school year of the pupil's initial attendance.

AB986, s. 21 Section 21. 118.40 (2r) (c) 4. of the statutes is created to read:

AB986,12,17 118.40 (2r) (c) 4. A pupil may attend Marva Collins Preparatory School of Wisconsin, a charter school established in the school district operating under ch. 119 under this subsection, regardless of the pupil's school district of residence, if any of the following applies:

AB986,12,19 a. The pupil attended Marva Collins Preparatory School of Wisconsin before the 2002-03 school year.

AB986,12,21 b. The pupil's sibling attended Marva Collins Preparatory School of Wisconsin before the 2002-03 school year and in the school year of the pupil's initial attendance.

AB986, s. 22 Section 22. 118.40 (2r) (c) 5. of the statutes is created to read:

AB986,12,25 118.40 (2r) (c) 5. A pupil may attend D.L. Hines Academy, a charter school established in the school district operating under ch. 119 under this subsection, regardless of the pupil's school district of residence, if any of the following applies:

AB986,13,1 a. The pupil attended D.L. Hines Academy before the 2002-03 school year.

AB986,13,3 b. The pupil's sibling attended D.L. Hines Academy before the 2002-03 school year and in the school year of the pupil's initial attendance.

AB986, s. 23 Section 23. 118.40 (2r) (cm) of the statutes is renumbered 118.40 (2r) (cm) 1. and amended to read:

AB986,13,9 118.40 (2r) (cm) 1. The chancellor of the University of Wisconsin-Parkside may establish or enter into a contract for the establishment of only one charter school under this subsection, which may not operate high school grades and which may not accommodate more than 400 480 pupils.

AB986, s. 24 Section 24. 118.40 (2r) (cm) 2. of the statutes is created to read:

AB986,13,13 118.40 (2r) (cm) 2. None of the entities under par. (b) 1. a., b., or d. may establish, or enter into a contract for the establishment of, a new charter school after the effective date of this subdivision .... [revisor inserts date].

AB986, s. 25 Section 25. 118.43 (6) (b) (intro.) of the statutes is amended to read:

AB986,13,18 118.43 (6) (b) (intro.) From the appropriations under s. 20.255 (2) (cu) and (cv), subject to par. (c), the department shall pay to each school district that has entered into a contract with the department under this section an amount determined as follows:

AB986, s. 26 Section 26. 118.43 (6) (b) 8. of the statutes is amended to read:

AB986,13,23 118.43 (6) (b) 8. In the 2003-04 and 2004-05 school years year, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar) and by renewals of contracts under sub. (2) (g).

AB986, s. 27 Section 27. 118.43 (6) (b) 9. of the statutes is created to read:

AB986,14,4 118.43 (6) (b) 9. In the 2004-05 school year and in each school year thereafter, $2,500 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar) and by renewals of contracts under sub. (2) (g).

AB986, s. 28 Section 28. 118.43 (6) (c) of the statutes is repealed.

AB986, s. 29 Section 29. 118.43 (6) (d) of the statutes is amended to read:

AB986,14,10 118.43 (6) (d) The school board shall use the aid under this section to satisfy the terms of the contract, except that the school board may use any unexpended moneys that are not necessary to satisfy the terms of the contract to assist other schools to satisfy the terms of a contract covering the other schools.

AB986, s. 30 Section 30. 119.23 (1) (a) of the statutes is renumbered 119.23 (1) (ar).

AB986, s. 31 Section 31. 119.23 (1) (am) of the statutes is created to read:

AB986,14,15 119.23 (1) (am) "Instructional staff" means professional employees who have as part of their responsibilities direct contact with pupils or with the instructional program of the private school, and employees who supervise such employees.

AB986, s. 32 Section 32. 119.23 (2) (a) 1. of the statutes is amended to read:

AB986,15,4 119.23 (2) (a) 1. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.75 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section if the pupil is a member of a family that has a total family income that 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. For purposes of admission to a private school under this section, siblings of pupils attending a private school under this section are subject to the higher income limit. If a pupil attending a private school under this section ceases to attend a private school under this section, the lower income limit applies unless the pupil is a sibling of a pupil attending a private school under this section.

AB986, s. 33 Section 33. 119.23 (2) (a) 2. of the statutes is repealed.

AB986, s. 34 Section 34. 119.23 (2) (b) of the statutes is amended to read:

AB986,15,11 119.23 (2) (b) No more than 15% 15.5 percent of the school district's membership may attend private schools under this section. If in any school year there are more spaces available in the participating private schools than the maximum number of pupils allowed to participate, the department shall prorate the number of spaces available at each participating private school.

AB986, s. 35 Section 35. 119.23 (7) (am) of the statutes is renumbered 119.23 (7) (am) (intro.) and amended to read:

AB986,15,18 119.23 (7) (am) (intro.) Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department and annually. Annually by September 1 following a school year in which a private school participated in the program under this section, the private school shall submit to the department an all of the following:

AB986,15,21 1. An independent financial audit of the private school conducted by a certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents pupil costs under sub. (4) (b) 1.

AB986, s. 36 Section 36. 119.23 (7) (am) 2. and 3. of the statutes are created to read:

AB986,15,24 119.23 (7) (am) 2. Evidence of sound fiscal practices, as prescribed by the department by rule.

AB986,16,2 3. Certification by the auditor under subd. 1. that criminal background checks of all employees were conducted as specified under par. (d) 2.

AB986, s. 37 Section 37. 119.23 (7) (b) of the statutes is repealed.

AB986, s. 38 Section 38. 119.23 (7) (d) of the statutes is created to read:

AB986,16,6 119.23 (7) (d) Each private school participating in the program under this section shall submit to the department all of the following:

AB986,16,9 1. By August 1 before the first school term of participation in the program, or by May 1 if the private school begins participating in the program during summer school, all of the following:

AB986,16,15 a. A copy of the school's current certificate of occupancy issued by the city. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the city to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the requirement of this subd. 1. a.

AB986,16,16 b. Evidence of financial viability, as prescribed by the department by rule.

AB986,16,18 c. Proof that the private school's administrator has participated in a fiscal management training program approved by the department.

AB986,17,2 2. Annually by February 1, a notarized statement by a person legally authorized to act on behalf of the private school that the private school will conduct a criminal background check through the department of justice on each individual who will be employed by the private school in the following school year. If the individual is a nonresident, the department of justice may provide for the submission of information to the federal bureau of investigation for the purposes of verifying the identity of the individual and obtaining records of his or her criminal arrest and conviction.

AB986, s. 39 Section 39. 119.23 (7) (e) of the statutes is created to read:

AB986,17,11 119.23 (7) (e) 1. Notwithstanding subch. II of ch. 111, except as provided in subd. 2. a private school participating in the program under this section may not employ as instructional staff an individual convicted of any Class A, B, C, D, E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of any Class BC felony under ch. 940 or 948, 1999 stats., for 6 years following the date of the conviction, and may employ as instructional staff such an individual after 6 years only if the individual establishes by clear and convincing evidence that he or she is entitled to be employed.

AB986,17,16 2. A private school participating in the program under this section may employ as instructional staff an individual convicted of a crime enumerated in subd. 1., prior to the expiration of the 6-year period following the conviction, if the private school receives from the court in which the conviction occurred a certificate stating that the conviction has been reversed, set aside, or vacated.

AB986, s. 40 Section 40. 119.23 (7m) of the statutes is created to read:

AB986,17,19 119.23 (7m) The governing body of each private school participating in the program under this section shall do all of the following:

AB986,17,23 (a) 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.

AB986,18,3 (b) 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.

AB986,18,5 (c) Administer to the pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.

AB986, s. 41 Section 41. 119.23 (9) of the statutes is created to read:

AB986,18,16 119.23 (9) The legislative audit bureau shall conduct a longitudinal study, of up to 12 years in length, of the program under this section if the bureau receives sufficient moneys, other than general purpose revenue, for the study. The study shall use standardized examinations used by the school district operating under this chapter, and shall review graduation rates and other indicators of academic achievement of the pupils attending private schools under this section. The results of the study shall be submitted to the joint legislative audit committee and to the appropriate standing committees of the legislature annually over the 12-year period in the manner provided under s. 13.172 (3), with the first report due by October 1, 2005, and with a comprehensive review and interim report due by October 1, 2010.

AB986, s. 42 Section 42. 119.23 (10) of the statutes is created to read:

AB986,18,21 119.23 (10) (a) The state superintendent may issue an order barring a private school from participating in the program under this section in the succeeding school year if the state superintendent determines that the private school has done any of the following:

AB986,18,22 1. Misrepresented information required under sub. (7) (d).

AB986,18,24 2. Failed to provide the notice required under sub. (2) (a) 3., or the information required under sub. (7) (am), by the date or within the period specified.

AB986,19,2 3. Failed to refund to the state any overpayment made under sub. (4) (b) or (4m) by the date specified by department rule.

AB986,19,4 4. Failed to meet at least one of the standards under sub. (7) (a) by the date specified by department rule.

AB986,19,9 (b) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that conditions at the private school present an imminent threat to the health or safety of pupils or that the private school has failed to provide the information required under sub. (7) (d) by the date or within the period specified.

AB986,19,12 (c) Whenever the state superintendent issues an order under par. (a) or (b), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB986,19,15 (d) The state superintendent may withhold payment from a parent or guardian under subs. (4) and (4m) if the private school attended by the child of the parent or guardian violates this section.

AB986, s. 43 Section 43. 119.23 (11) of the statutes is created to read:

AB986,19,18 119.23 (11) The department shall promulgate rules to implement and administer this section.

AB986, s. 44 Section 44. 121.85 (6) (am) 4. (intro.) of the statutes is amended to read:

AB986,19,21 121.85 (6) (am) 4. (intro.) In the 2003-04 school year and in each school year thereafter:

AB986, s. 45 Section 45. 121.85 (6) (am) 5. of the statutes is repealed.

AB986, s. 46 Section 46. 146.89 (1) of the statutes, as affected by 2003 Wisconsin Act 92, is renumbered 146.89 (1) (intro.) and amended to read:

AB986,19,25 146.89 (1) (intro.) In this section, "volunteer:

AB986,20,7 (r) "Volunteer health care provider" means an individual who is licensed as a physician under ch. 448, dentist or dental hygienist under ch. 447, registered nurse, practical nurse, or nurse-midwife under ch. 441, optometrist under ch. 449, or physician assistant under ch. 448 or who is certified as a dietitian under subch. V of ch. 448 and who receives no income from the practice of that health care profession or who receives no income from the practice of that health care profession when providing services at the nonprofit agency or school specified under sub. (3).

AB986, s. 47 Section 47. 146.89 (1) (d) of the statutes is created to read: