SB542: Bill Text

SB542, s. 28 Section 28. 118.43 (6) (c) of the statutes is repealed.

SB542, s. 29 Section 29. 118.43 (6) (d) of the statutes is amended to read:

SB542,14,10 118.43 (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.

SB542, s. 30 Section 30. 119.23 (1) (a) of the statutes is renumbered 119.23 (1) (ar).

SB542, s. 31 Section 31. 119.23 (1) (am) of the statutes is created to read:

SB542,14,15 119.23 (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.

SB542, s. 32 Section 32. 119.23 (2) (a) 1. of the statutes is amended to read:

SB542,15,4 119.23 (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.

SB542, s. 33 Section 33. 119.23 (2) (a) 2. of the statutes is repealed.

SB542, s. 34 Section 34. 119.23 (2) (b) of the statutes is amended to read:

SB542,15,11 119.23 (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.

SB542, s. 35 Section 35. 119.23 (7) (am) of the statutes is renumbered 119.23 (7) (am) (intro.) and amended to read:

SB542,15,18 119.23 (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:

SB542,15,21 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.

SB542, s. 36 Section 36. 119.23 (7) (am) 2. and 3. of the statutes are created to read:

SB542,15,24 119.23 (7) (am) 2. Evidence of sound fiscal practices, as prescribed by the department by rule.

SB542,16,2 3. Certification by the auditor under subd. 1. that criminal background checks of all employees were conducted as specified under par. (d) 2.

SB542, s. 37 Section 37. 119.23 (7) (b) of the statutes is repealed.

SB542, s. 38 Section 38. 119.23 (7) (d) of the statutes is created to read:

SB542,16,6 119.23 (7) (d) Each private school participating in the program under this section shall submit to the department all of the following:

SB542,16,9 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:

SB542,16,15 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.

SB542,16,16 b. Evidence of financial viability, as prescribed by the department by rule.

SB542,16,18 c. Proof that the private school's administrator has participated in a fiscal management training program approved by the department.

SB542,17,2 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.

SB542, s. 39 Section 39. 119.23 (7) (e) of the statutes is created to read:

SB542,17,11 119.23 (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.

SB542,17,16 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.

SB542, s. 40 Section 40. 119.23 (7m) of the statutes is created to read:

SB542,17,19 119.23 (7m) The governing body of each private school participating in the program under this section shall do all of the following:

SB542,17,23 (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.

SB542,18,3 (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.

SB542,18,5 (c) Administer to the pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.

SB542, s. 41 Section 41. 119.23 (9) of the statutes is created to read:

SB542,18,16 119.23 (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.

SB542, s. 42 Section 42. 119.23 (10) of the statutes is created to read:

SB542,18,21 119.23 (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:

SB542,18,22 1. Misrepresented information required under sub. (7) (d).

SB542,18,24 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.

SB542,19,2 3. Failed to refund to the state any overpayment made under sub. (4) (b) or (4m) by the date specified by department rule.

SB542,19,4 4. Failed to meet at least one of the standards under sub. (7) (a) by the date specified by department rule.

SB542,19,9 (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.

SB542,19,12 (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.

SB542,19,15 (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.

SB542, s. 43 Section 43. 119.23 (11) of the statutes is created to read:

SB542,19,18 119.23 (11) The department shall promulgate rules to implement and administer this section.

SB542, s. 44 Section 44. 121.85 (6) (am) 4. (intro.) of the statutes is amended to read:

SB542,19,21 121.85 (6) (am) 4. (intro.) In the 2003-04 school year and in each school year thereafter:

SB542, s. 45 Section 45. 121.85 (6) (am) 5. of the statutes is repealed.

SB542, 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:

SB542,19,25 146.89 (1) (intro.) In this section, "volunteer:

SB542,20,7 (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).

SB542, s. 47 Section 47. 146.89 (1) (d) of the statutes is created to read:

SB542,20,10 146.89 (1) (d) "Governing body" means the governing body of any of the following:

SB542,20,11 1. A charter school, as defined in s. 115.001 (1).

SB542,20,13 2. A private school, as defined in s. 115.001 (3r), that participates in the Milwaukee Parental Choice Program under s. 119.23.

SB542, s. 48 Section 48. 146.89 (1) (g) of the statutes is created to read:

SB542,20,15 146.89 (1) (g) "School" means any of the following:

SB542,20,16 1. A public elementary school.

SB542,20,17 2. A charter school, as defined in s. 115.001 (1).

SB542,20,19 3. A private school, as defined in s. 115.001 (3r), that participates in the Milwaukee Parental Choice Program under s. 119.23

SB542, s. 49 Section 49. 146.89 (1) (h) of the statutes is created to read:

SB542,20,21 146.89 (1) (h) "School board" has the meaning given in s. 115.001 (7).

SB542, s. 50 Section 50. 146.89 (2) (a) of the statutes is amended to read:

SB542,21,7 146.89 (2) (a) A volunteer health care provider may participate under this section only if he or she submits a joint application with a nonprofit agency, school board, or governing body to the department of administration and that department approves the application. If the volunteer health care provider submits a joint application with a school board or governing body, the application shall include a statement by the school board or governing body that certifies that the volunteer health care provider has received materials that specify school board or governing body policies concerning the provision of health care services to students and has agreed to comply with the policies. The department of administration shall provide application forms for use under this paragraph.

SB542, s. 51 Section 51. 146.89 (2) (c) of the statutes is amended to read:

SB542,21,11 146.89 (2) (c) The department of administration shall notify the volunteer health care provider and the nonprofit agency, school board, or governing body of the department's decision to approve or disapprove the application.

SB542, s. 52 Section 52. 146.89 (2) (d) of the statutes is amended to read:

SB542,21,20 146.89 (2) (d) Approval of an application of a volunteer health care provider is valid for one year. If a volunteer health care provider wishes to renew approval, he or she shall submit a joint renewal application with a nonprofit agency , school board, or governing body to the department of administration. The department of administration shall provide renewal application forms that are developed by the department of health and family services and that include questions about the activities that the individual has undertaken as a volunteer health care provider in the previous 12 months.

SB542, s. 53 Section 53. 146.89 (3) (b) (intro.) of the statutes is amended to read:

SB542,21,23 146.89 (3) (b) (intro.) The Under this section, the nonprofit agency may provide the following health care services:

SB542, s. 54 Section 54. 146.89 (3) (c) of the statutes is amended to read:

SB542,22,3 146.89 (3) (c) The Under this section, the nonprofit agency may not provide emergency medical services, hospitalization, or surgery, except as provided in par. (b) 8.

SB542, s. 55 Section 55. 146.89 (3) (d) (intro.) of the statutes is amended to read:

SB542,22,7 146.89 (3) (d) (intro.) The Under this section, the nonprofit agency shall provide health care services primarily to low-income persons who are uninsured and who are not recipients of any of the following:

SB542, s. 56 Section 56. 146.89 (3s) of the statutes is created to read:

SB542,22,11 146.89 (3s) All of the following apply to a volunteer health care provider whose joint application with a school board or relevant governing body is approved under sub. (2):

SB542,22,16 (a) Before providing health care services in a school, the volunteer health care provider shall provide to the school board or relevant governing body proof of satisfactory completion of any competency requirements that are relevant to the volunteer health care provider, as specified by the department of public instruction by rule.

SB542,22,18 (b) Under this section, the volunteer health care provider may provide only to students from 4-year-old kindergarten to grade 6 the following health care services:

SB542,22,20 1. Except as specified in par. (c), the health care services specified in sub. (3) (b) 1. to 5., 7., and 8.

SB542,22,21 2. First aid for illness or injury.

SB542,22,23 3. Except as specified in par. (c), the administration of drugs, as specified in s. 118.29 (2) (a) 1. to 3.

SB542,22,24 4. Health screenings.

SB542,23,2 5. Any other health care services designated by the department of public instruction by rule.

SB542,23,4 (c) Under this section, the volunteer health care provider may not provide any of the following:

SB542,23,5 1. Emergency medical services.

SB542,23,6 2. Hospitalization.

SB542,23,7 3. Surgery, except as provided in par. (b) 2. and 5.

SB542,23,8 4. A referral for abortion, as defined in s. 48.375.