The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB406, s. 1 1Section 1. 119.23 (7) (am) of the statutes is renumbered 119.23 (7) (am) (intro.)
2and amended to read:
SB406,2,73 119.23 (7) (am) (intro.) Each private school participating in the program under
4this section is subject to uniform financial accounting standards established by the
5department and annually. Annually by September 1 following a school year in which
6a private school participated in the program under this section, the private school

7shall submit to the department an all of the following:
SB406,2,10 81. An independent financial audit of the private school conducted by a certified
9public accountant, accompanied by the auditor's statement that the report is free of
10material misstatements and fairly presents pupil costs under sub. (4) (b) 1
.
SB406, s. 2 11Section 2. 119.23 (7) (am) 2. and 3. of the statutes are created to read:
SB406,2,1312 119.23 (7) (am) 2. Evidence of sound fiscal practices, as prescribed by the
13department by rule.
SB406,3,2
13. Certification by the auditor under subd. 1. that criminal background checks
2of all newly hired school employees were conducted as specified under par. (d) 2.
SB406, s. 3 3Section 3. 119.23 (7) (b) of the statutes is repealed.
SB406, s. 4 4Section 4. 119.23 (7) (d) of the statutes is created to read:
SB406,3,65 119.23 (7) (d) Each private school participating in the program under this
6section shall submit to the department all of the following:
SB406,3,97 1. By August 1 before the first school term of participation in the program, or
8by May 1 if the private school begins participating in the program during summer
9school, all of the following:
SB406,3,1510 a. A copy of the school's current certificate of occupancy issued by the city. If
11the private school moves to a new location, the private school shall submit a copy of
12the new certificate of occupancy issued by the city to the department before the
13attendance of pupils at the new location and before the next succeeding date specified
14in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the
15requirement of this subd. 1. a.
SB406,3,1616 b. Evidence of financial viability, as prescribed by the department by rule.
SB406,3,1817 c. Proof that the private school's administrator has participated in a fiscal
18management training program approved by the department.
SB406,4,219 2. Annually by February 1, a notarized statement by a person legally
20authorized to act on behalf of the private school that the private school will conduct
21a criminal background check through the department of justice on each person who
22will be employed by the private school for the first time in the following school year.
23If the person is a nonresident, the department of justice may provide for the
24submission of information to the federal bureau of investigation for the purposes of

1verifying the identity of the person and obtaining records of his or her criminal arrest
2and conviction.
SB406, s. 5 3Section 5. 119.23 (7) (e) of the statutes is created to read:
SB406,4,94 119.23 (7) (e) 1. Notwithstanding subch. II of ch. 111, except as provided in
5subd. 2. a private school participating in the program under this section may not
6employ a person convicted of any Class A, B, C, D, E, F, G, or H felony under ch. 940
7or 948, except ss. 940.08 and 940.205, for 6 years following the date of the conviction,
8and may employ such a person after 6 years only if the person establishes by clear
9and convincing evidence that he or she is entitled to be employed.
SB406,4,1410 2. A private school participating in the program under this section may employ
11a person convicted of a crime enumerated in subd. 1., prior to the expiration of the
126-year period following the conviction, if the private school receives from the court
13in which the conviction occurred a certificate stating that the conviction has been
14reversed, set aside, or vacated.
SB406, s. 6 15Section 6. 119.23 (7) (f) of the statutes is created to read:
SB406,4,2116 119.23 (7) (f) Notwithstanding subch. II of ch. 111, a private school
17participating in the program under this section may refuse to employ or may
18terminate the employment of any person who has been convicted of a felony within
19the previous 6 years unless the private school receives from the court in which the
20conviction occurred a certificate stating that the conviction has been reversed, set
21aside, or vacated.
SB406, s. 7 22Section 7. 119.23 (10) of the statutes is created to read:
SB406,5,223 119.23 (10) (a) The state superintendent may issue an order barring a private
24school from participating in the program under this section in the succeeding school

1year if the state superintendent determines that the private school has done any of
2the following:
SB406,5,33 1. Misrepresented information required under sub. (7) (d).
SB406,5,54 2. Failed to provide the notice required under sub. (2) (a) 3., or the information
5required under sub. (7) (am) or (d), by the date or within the period specified.
SB406,5,76 3. Failed to refund to the state any overpayment made under sub. (4) (b) or (rm)
7by the date specified by department rule.
SB406,5,98 4. Failed to meet at least one of the standards under sub. (7) (a) by the date
9specified by department rule.
SB406,5,1310 (b) The state superintendent may issue an order immediately terminating a
11private school's participation in the program under this section if he or she
12determines that conditions at the private school present an imminent threat to the
13health or safety of pupils.
SB406,5,1614 (c) Whenever the state superintendent issues an order under par. (a) or (b), he
15or she shall immediately notify the parent or guardian of each pupil attending the
16private school under this section.
SB406,5,1917 (d) The state superintendent may withhold payment from a parent or guardian
18under subs. (4) and (4m) if the private school attended by the child of the parent or
19guardian violates this section.
SB406, s. 8 20Section 8. 119.23 (11) of the statutes is created to read:
SB406,5,2221 119.23 (11) The department shall promulgate rules to implement and
22administer this section.
SB406, s. 9 23Section 9 . Nonstatutory provisions.
SB406,6,3
1(1) Notwithstanding section 119.23 (7) (d) 2. of the statutes, as created by this
2act, the first notarized statement required under that subdivision is due within 60
3days after the effective date of this subsection.
SB406,6,104 (2) Within 120 days after the effective date of this subsection, a private school
5participating in the program under section 119.23 of the statutes shall conduct a
6criminal background check through the department of justice on each person
7employed by the private school. If the person is a nonresident, the department of
8justice may provide for the submission of information to the federal bureau of
9investigation for the purposes of verifying the identity of the person and obtaining
10records of his or her criminal arrest and conviction.
SB406, s. 10 11Section 10. Initial applicability.
SB406,6,1612 (1) This act first applies to private schools that participate in the Milwaukee
13Parental Choice Program under section 119.23 of the statutes in the 2004-05 school
14year, except as provided in Section 9 of this act and except that the treatment of
15section 119.23 (7) (am) 3. of the statutes first applies to reports under that
16subdivision that are due by September 1, 2005.
SB406,6,1717 (End)
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