AB110: Bill Text

AB110,5,11 (b) Review the pupil's individualized education program provided under par. (a) and determine the amount of the pupil's scholarship. The amount shall be the lesser of the following:

AB110,5,14 1. The cost to the pupil's school district of residence of providing to the pupil regular instruction, instructional and pupil support services, special education and related services, and supplementary aids and services.

AB110,5,17 2. The cost to the school district in which the eligible public school is located or the eligible private school of providing the instruction and services specified in subd. 1.

AB110,5,19 (bm) Prorate the amount determined under par. (b) for a pupil attending an eligible school for less than a full school term.

AB110,5,21 (c) Notify the parent of the scholarship amount, as determined under par. (b) or (bm), accompanied by an explanation of how the amount was determined.

AB110,6,2 (d) On behalf of the pupil's parent, pay the scholarship to the school district or private school that the pupil attends from the appropriation under s. 20.255 (2) (az). The scholarship shall continue while the pupil attends an eligible school until the pupil graduates from high school or until the end of the school term in which the pupil attains the age of 21, whichever comes first.

AB110,6,5 (3) School board duties. (a) Annually, each school board shall notify the parents of each child with a disability enrolled in the school district of the program under this section.

AB110,6,9 (b) Upon the request of a parent of a pupil receiving a scholarship, the pupil's resident school district shall administer the appropriate examinations under s. 118.30 to the pupil at no cost if the school attended by the pupil does not administer them.

AB110,6,11 (4) Private school duties. Each private school participating in the program under this section shall do all of the following:

AB110,6,13 (a) Comply with all health and safety laws or codes that apply to private schools.

AB110,6,15 (b) Hold a valid occupancy permit, if required by the municipality in which the school is located.

AB110,6,16 (c) Annually certify to the department that it complies with 42 USC 2000d.

AB110,6,20 (d) Conduct criminal background investigations of its employees and exclude from employment any person not permitted to hold a teaching license as the result of an offense and any person who might reasonably be believed to pose a threat to the safety of others.

AB110,7,2 (e) Annually submit to the department a school financial information report, prepared by a certified public accountant, that complies with uniform financial accounting standards established by the department by rule. The report shall be accompanied by an auditor's statement that the report is free of material misstatements and fairly represents pupil costs. The report shall be limited in scope to those records that are necessary for the department to make payments to participating schools.

AB110,7,5 (f) If the participating school expects to receive at least $50,000 in scholarships under this section during a school year, do one of the following before the beginning of the school year:

AB110,7,8 1. File with the department a surety bond payable to the state in an amount equal to the total amount of scholarships expected to be received by the school during the school year under this section.

AB110,7,11 2. File with the department financial information demonstrating that the school has the ability to pay an amount equal to the total amount of scholarships expected to be received by the school during the school year under this section.

AB110,7,13 (g) Regularly report to the parent of a pupil attending the school and receiving a scholarship under this section on the pupil's progress.

AB110,7,16 (5) Transportation. (a) Private school. Section 121.54 applies to the transportation of a pupil to and from the private school he or she is attending under this section.

AB110,7,18 (b) Public school. Section 118.51 (14) applies to the transportation of a pupil to and from the public school he or she is attending under this section.

AB110,7,21 (6) Penalties. (a) The department may bar a school district or private school from participating in the program under this section if the department determines that the school district or private school has done any of the following:

AB110,7,23 1. Intentionally and substantially misrepresented information required under sub. (4).

AB110,7,24 2. Routinely failed to comply with the standards under sub. (4) (e) or (f).

AB110,8,2 3. Used a pupil's scholarship for any purpose other than educational purposes or rebated, refunded, or shared a pupil's scholarship with a parent or pupil.

AB110,8,4 4. Failed to refund to the state, in a timely manner, any scholarship overpayments.

AB110,8,10 (b) If the department bars a school district or private school from participating in the program under this section, it shall notify all pupils eligible to participate in the program and their parents as quickly as possible. A pupil who is receiving a scholarship and attending a school district or private school barred from the program may attend another participating school district or private school under the scholarship.

AB110,8,13 (7) Study. (a) The legislative audit bureau shall contract for a study of the program under this section with one or more researchers who have experience evaluating school choice programs. The study shall evaluate all of the following:

AB110,8,15 1. The level of satisfaction with the program expressed by participating pupils and their parents.

AB110,8,18 2. The percentage of participating pupils who were victimized because of their special needs at their resident school district and the percentage of such pupils at their participating school.

AB110,8,21 3. The percentage of participating pupils who exhibited behavioral problems at their resident school district and the percentage of such pupils at their participating school.

AB110,8,23 4. The average class size at participating pupils' resident school districts and at their participating schools.

AB110,8,24 5. The fiscal impact of the program on the state and on resident school districts.

AB110,9,2 (b) The contract under par. (a) shall require the researchers who conduct the study to do all of the following:

AB110,9,4 1. Apply appropriate analytical and behavioral science methodologies to ensure public confidence in the study.

AB110,9,5 2. Protect the identity of participating schools and pupils.

AB110,9,8 (c) The contract under par. (a) shall require that the results of the study be reported to the appropriate standing committees of the legislature under s. 13.172 (3) by January 9, 2015.

AB110,9,10 (8) Rules. The department shall promulgate rules to implement and administer this section, including rules relating to all of the following:

AB110,9,12 (a) The eligibility and participation of eligible schools, including timelines that maximize pupil and school participation.

AB110,9,13 (b) The calculation and distribution of scholarships.

AB110,9,14 (c) The application and approval procedures for pupils and eligible schools.

AB110, s. 6 Section 6. 121.05 (1) (a) 4. of the statutes is created to read:

AB110,9,17 121.05 (1) (a) 4. Pupils residing in the school district but attending a public school in another school district, or a private school, under s. 115.7915.

AB110, s. 7 Section 7. 121.08 (4) (am) of the statutes is created to read:

AB110,9,22 121.08 (4) (am) The amount of state aid that a school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac) in any school year shall be reduced by the total amount of scholarships paid by the department under s. 115.7915 in that school year for pupils who reside in the school district.

AB110, s. 8 Section 8. 121.08 (4) (c) of the statutes is amended to read:

AB110,9,25 121.08 (4) (c) The amount of state aid that a school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall also be reduced by an amount equal to the amount paid to the Second Chance Partnership under s. 115.28 (54) for pupils enrolled in the school district. The department shall ensure that the amount of the aid reduction lapses to the general fund and that it does not affect the amount determined to be received by a school district as state aid under this section for any other purpose.

AB110, s. 9 Section 9. 121.08 (4) (d) of the statutes is amended to read:

AB110,10,8 121.08 (4) (d) The state superintendent shall ensure that the total amount of aid reduction under pars. (a) and (b) this subsection lapses to the general fund.

AB110, s. 10 Section 10. 121.54 (3) of the statutes is amended to read:

AB110,10,20 121.54 (3) Transportation for children with disabilities. Every Except as provided in s. 115.7915 (5), every school board shall provide transportation for children with disabilities, as defined in s. 115.76 (5), to any public or private elementary or high school, to the school operated by the Wisconsin Center for the Blind and Visually Impaired or the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or to any special education program for children with disabilities sponsored by a state tax-supported institution of higher education, including a technical college, regardless of distance, if the request for such transportation is approved by the state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this subsection.

AB110,10,21 (End)