AB75: Bill Text

AB75,1249,20 (c) Administer to pupils attending the private school under s. 119.23 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under 20 USC 6311 (b) (3).

AB75, s. 2268 Section 2268. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:

AB75,1249,25 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r), or governing body of the private school participating in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).

AB75,1250,7 2. According to criteria established by the state superintendent by rule, the school board or, operator of the charter school under s. 118.40 (2r), or governing body of the private school participating in the program under s. 119.23 may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.

AB75, s. 2269 Section 2269. 118.30 (2) (b) 5. of the statutes is created to read:

AB75,1250,11 118.30 (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) (a) to (b).

AB75, s. 2270 Section 2270. 118.33 (1) (a) 1. of the statutes is amended to read:

AB75,1250,15 118.33 (1) (a) 1. In the high school grades, at least 4 credits of English including writing composition, 3 credits of social studies including state and local government, 2 3 credits of mathematics, 2 3 credits of science and 1.5 credits of physical education.

AB75, s. 2271 Section 2271. 118.33 (1) (f) 2m. of the statutes is created to read:

AB75,1250,21 118.33 (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.

AB75, s. 2272 Section 2272. 118.33 (1) (f) 3. of the statutes is amended to read:

AB75,1251,5 118.33 (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, 2010, 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.

AB75, s. 2273 Section 2273. 118.33 (6) (c) of the statutes is created to read:

AB75,1251,15 118.33 (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.

AB75,1251,21 2. Beginning on September 1, 2010, 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.

AB75, s. 2274 Section 2274. 118.51 (14) (b) of the statutes is amended to read:

AB75,1252,14 118.51 (14) (b) Low-income assistance. The parent of a pupil who is eligible for a free or reduced-price lunch under 42 USC 1758 (b) and who will be attending public school in a nonresident school district in the following school year under this section may apply to the department, on the form prepared under sub. (15) (a), for the reimbursement of costs incurred by the parent for the transportation of the pupil to and from the pupil's residence and the school that the pupil will be attending. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy) (vy). The reimbursement amount may not exceed the actual transportation costs incurred by the parent or 3 times the statewide average per pupil transportation costs, whichever is less. If the appropriation under s. 20.255 (2) (cy) (vy) in any one year is insufficient to pay the full amount of approved claims under this paragraph, payments shall be prorated among the parents entitled thereto. By the 2nd Friday following the first Monday in May following receipt of the parent's application under sub. (3) (a), the department shall provide to each parent requesting reimbursement under this paragraph an estimate of the amount of reimbursement that the parent will receive if the pupil attends public school in the nonresident school district in the following school year.

AB75, s. 2275 Section 2275. 118.52 (11) (b) of the statutes is amended to read:

AB75,1252,25 118.52 (11) (b) Low-income assistance. The parent of a pupil who is attending a course in a public school in a nonresident school district under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the school at which the pupil is attending the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy) (vy). The department shall give preference under this paragraph to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).

AB75, s. 2276 Section 2276. 118.55 (7g) of the statutes is amended to read:

AB75,1253,12 118.55 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw) (vw). The state superintendent shall give preference under this subsection to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).

AB75, s. 2277 Section 2277. 119.23 (1) (am) of the statutes is created to read:

AB75,1253,14 119.23 (1) (am) "Progress records" has the meaning given in s. 118.125 (1) (c).

AB75, s. 2278 Section 2278. 119.23 (2) (a) 3. of the statutes is amended to read:

AB75,1253,23 119.23 (2) (a) 3. The private school notified the state superintendent of its intent to participate in the program under this section, and paid a nonrefundable fee set by the department, by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space. The department shall set the fee charged under this subdivision at an amount no greater than the amount necessary to pay the costs of employing one full-time auditor to evaluate the financial information submitted by the private schools under sub. (7) (am) and (d) 2. and 3.

AB75, s. 2279 Section 2279. 119.23 (2) (a) 6. of the statutes is amended to read:

AB75,1254,4 119.23 (2) (a) 6. All of the private school's teachers and administrators have graduated from high school or been granted a declaration of equivalency of high school graduation at least a bachelor's degree from an accredited institution of higher education.

AB75, s. 2280 Section 2280. 119.23 (2) (a) 7. of the statutes is amended to read:

AB75,1254,16 119.23 (2) (a) 7. The private school achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the Archdiocese of Milwaukee, the Institute for the Transformation of Learning at Marquette University, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year that begins after June 30, 2006, August 1 of the school year in which it first participates in the program under this section, or, for private schools participating in the program on the effective date of this subdivision .... [LRB inserts date], by August 1, 2010, or the private school was approved for scholarship funding for the 2005-06 school year by Partners Advancing Values in Education.

AB75, s. 2281 Section 2281. 119.23 (2) (a) 8. of the statutes is created to read:

AB75,1254,22 119.23 (2) (a) 8. Notwithstanding s. 118.165 (1) (c), the private school annually provides at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil instruction in grades 7 to 12. Hours provided under this subdivision include recess and time for pupils to transfer between classes but do not include the lunch periods.

AB75, s. 2282 Section 2282. 119.23 (2) (b) of the statutes is renumbered 119.23 (2) (b) (intro.) and amended to read:

AB75,1255,8 119.23 (2) (b) (intro.) No more than 22,500 pupils, as counted under s. 121.004 (7), may attend private schools under this section. Whenever the state superintendent determines that the limit is reached, he or she shall issue an order prohibiting the participating private schools from accepting additional pupils until he or she determines that the number of pupils attending private schools under this section has fallen below the limit. If the number of pupils attending the program falls below the limit under this paragraph, participating private schools that wish to accept additional pupils under the program shall accept pupils as follows:

AB75, s. 2283 Section 2283. 119.23 (2) (b) 1. of the statutes is created to read:

AB75,1255,11 119.23 (2) (b) 1. The private school shall give first priority to pupils who are attending a private school under this section.

AB75, s. 2284 Section 2284. 119.23 (2) (b) 2. of the statutes is created to read:

AB75,1255,14 119.23 (2) (b) 2. The private school shall give 2nd priority to the siblings of pupils who are attending a private school under this section.

AB75, s. 2285 Section 2285. 119.23 (2) (b) 3. of the statutes is created to read:

AB75,1255,17 119.23 (2) (b) 3. The private school shall give 3rd priority to pupils selected at random under a procedure established by the department by rule.

AB75, s. 2286 Section 2286. 119.23 (6m) of the statutes is created to read:

AB75,1255,20 119.23 (6m) Each private school participating in the program under this section shall do all of the following:

AB75,1255,22 (a) Provide to each person who applies to attend the private school all of the following:

AB75,1255,24 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.

AB75,1256,5 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.

AB75,1256,6 3. A copy of the appeals process used if the private school rejects the applicant.

AB75,1256,10 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.

AB75,1256,14 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.

AB75,1256,15 6. A copy of the policy developed by the private school under s. 118.33 (1) (f) 2m.

AB75,1256,17 7. A copy of the non-harassment policy used by the private school, together with the procedures for reporting and obtaining relief from harassment.

AB75,1256,19 8. A copy of the suspension and expulsion policies and procedures, including procedures for appealing a suspension or expulsion, used by the private school.

AB75,1256,22 9. A copy of the policy used by the private school for accepting or denying the transfer of credits earned by a pupil enrolled in the program under this section for the satisfactory completion of coursework at another school.

AB75,1256,24 (b) Upon request by any person, provide the material specified in par. (a) and any of the following information:

AB75,1257,2 1. The number of pupils enrolled in the private school under this section in the previous school year.

AB75,1257,4 2. The number of pupils enrolled in the private school other than under this section in the previous school year.

AB75,1257,6 3. For each school year in which the private school has participated in the program under this section, all of the following information:

AB75,1257,9 a. The number of pupils who were enrolled in the private school under this section and other than under this section in the 12th grade and the number of those pupils who graduated from the private school.

AB75,1257,12 b. The number of pupils who were enrolled in the private school under this section and other than under this section in the 4th grade and the number of those pupils who advanced from grade 4 to grade 5.

AB75,1257,15 c. The number of pupils who were enrolled in the private school under this section and other than under this section in the 8th grade and the number of those pupils who advanced from grade 8 to grade 9.

AB75,1257,16 4. A copy of the academic standards adopted under sub. (7) (b) 2.

AB75,1257,19 5. To the extent permitted under 20 USC 1232g and 43 CFR part 99, pupil scores on standardized tests administered under sub. (7) (b) 1. and (e) 1. in the previous school year.

AB75, s. 2287 Section 2287. 119.23 (7) (am) 1. of the statutes is amended to read:

AB75,1258,2 119.23 (7) (am) 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. The Except as provided in par. (ar), the audit under this subdivision shall be limited in scope to those records that are necessary for the department to make payments under subs. (4) and (4m).

AB75, s. 2288 Section 2288. 119.23 (7) (ar) of the statutes is created to read:

AB75,1258,7 119.23 (7) (ar) The certified public accountant conducting the independent financial audit required under par. (am) 1. shall include in the audit a report on the private school's compliance with par. (b) 4. and 6. The certified public accountant may determine compliance by examining an appropriate sample of pupil records.

AB75, s. 2289 Section 2289. 119.23 (7) (b) of the statutes is created to read:

AB75,1258,10 119.23 (7) (b) Each private school participating in the program under this section shall do all of the following:

AB75,1258,12 1. Administer to any pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.

AB75,1258,13 2. Adopt the pupil academic standards required under s. 118.30 (1g) (a) 3.

AB75,1258,16 3. Ensure that all administrators of and teachers employed by the private school have at least a bachelor's degree from an accredited institution of higher education.

AB75,1258,19 4. Maintain progress records for each pupil attending the private school under this section while the pupil attends the school and, except as provided under subd. 7., for at least 5 years after the pupil ceases to attend the school.

AB75,1258,22 5. Upon request, provide a pupil or the parent or guardian of a minor pupil who is attending the private school under this section with a copy of the pupil's progress records.

AB75,1258,25 6. Issue a high school diploma or certificate to each pupil who attends the private school under this section and satisfactorily completes the course of instruction and any other requirements necessary for high school graduation.

AB75,1259,3 7. If the private school ceases operating as a private school, immediately transfer all of the progress records of the pupils who attended the school under this section to the board.

AB75, s. 2290 Section 2290. 119.23 (7) (e) 1. of the statutes is amended to read:

AB75,1259,15 119.23 (7) (e) 1. Annually In the 2009-10 school year, each private school participating in the program under this section shall administer a nationally normed standardized test in reading, mathematics, and science to pupils attending the school under the program in the 4th, 8th, and 10th grades. Beginning in the 2010-11 school year and annually thereafter, each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1s) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils. Beginning in 2006 and annually thereafter until 2011, the private school shall provide the scores of all standardized tests and examinations that it administers under this subdivision to the School Choice Demonstration Project.

AB75, s. 2291 Section 2291. 119.23 (10) (a) 2. of the statutes is amended to read:

AB75,1259,19 119.23 (10) (a) 2. Failed to provide the notice or pay the fee required under sub. (2) (a) 3., or provide the information required under sub. (7) (am) or (d), by the date or within the period specified.

AB75, s. 2292 Section 2292. 119.23 (10) (a) 5. of the statutes is created to read:

AB75,1259,21 119.23 (10) (a) 5. Failed to provide the information required under sub. (6m).

AB75, s. 2293 Section 2293. 119.23 (10) (a) 6. of the statutes is created to read:

AB75,1259,24 119.23 (10) (a) 6. Failed to comply with the requirements under sub. (7) (b) or (c).

AB75, s. 2294 Section 2294. 119.23 (10) (a) 7. of the statutes is created to read:

AB75,1260,1 119.23 (10) (a) 7. Violated sub. (7) (b) 4., 5., or 6.

AB75, s. 2295 Section 2295. 119.23 (10) (d) of the statutes is amended to read:

AB75,1260,5 119.23 (10) (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 or s. 118.125 (4).

AB75, s. 2296 Section 2296. 119.82 of the statutes is repealed.

AB75, s. 2297 Section 2297. 120.12 (24) of the statutes is amended to read:

AB75,1260,10 120.12 (24) Health care benefits. Prior to the selection of any group health care benefits provider for school district professional employees, as defined in s. 111.70 (1) (ne), solicit sealed bids for the provision of such benefits.

AB75, s. 2298 Section 2298. 121.007 of the statutes is amended to read: