AB40: Bill Text

AB40,982,22 6. The place of residence of the pupil has changed as a result of a court order or custody agreement or because the pupil was placed in a foster home or with a person other than the pupil's parent, or removed from a foster home or from the home of a person other than the pupil's parent. An application made on the basis of this criteria is not valid unless the nonresident school board receives the application no later than 30 days after the pupil's change in residence.

AB40,982,24 7. The parent of the pupil and the nonresident school board agree that attending school in the nonresident school district is in the best interests of the pupil.

AB40,983,6 (c) If a nonresident school board receives an application under par. (a), the nonresident school board shall immediately forward a copy of the application to the resident school board, and shall notify the applicant, in writing, whether it has accepted the application no later than 20 days after receiving the application. If the nonresident school board has accepted the application, the nonresident school board shall identify the specific school or program that the pupil may attend.

AB40,983,9 (d) A resident school district may notify an applicant under par. (a) that the pupil may not attend a school or program in the nonresident school district only for the following reasons:

AB40,983,11 1. The resident school district determines that the criteria relied on by the applicant under par. (b) does not apply to the pupil.

AB40,983,21 2. a. Except as provided in subd. 2. b., the resident school district determines that the costs of the special education or related services required in the individualized education program under s. 115.787 (2) for a child with a disability whose parent has submitted an application under par. (a), as proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil, and the per pupil special education or related services costs for children with disabilities continuing to be served by the resident school district.

AB40,983,23 b. Subdivision 2. a. does not apply to a pupil who submits an application under par. (a) if the pupil relied upon the criteria set forth in par. (b) 1.

AB40,984,6 (e) If an application is accepted by the nonresident school board under par. (c), the pupil may immediately begin attending the school or program in the nonresident school district and shall begin attending the school or program no later than the 15th day following receipt by the parent of the pupil of the notice of acceptance under par. (c). If the pupil has not enrolled in or attended school in the nonresident school district by the day specified in this paragraph, the nonresident school district may notify the pupil's parent, in writing, that the pupil is no longer authorized to attend the school or program in the nonresident school district.

AB40, s. 2517 Section 2517. 118.51 (5) (a) (intro.) of the statutes is amended to read:

AB40,984,10 118.51 (5) (a) Permissible criteria. (intro.) Except as provided in sub. (3) (a) 2., the criteria for accepting and rejecting applications from nonresident pupils under sub. subs. (3) (a) and (3m) (a) may include only the following:

AB40, s. 2518 Section 2518. 118.51 (5) (a) 1. (intro.) of the statutes is amended to read:

AB40,984,21 118.51 (5) (a) 1. (intro.) The availability of space in the schools, programs, classes, or grades within the nonresident school district. The nonresident school board shall determine the number of regular education and special education spaces available within the school district in the January meeting of the school board, except that for the 2011-12 school year the board shall determine the number of regular education and special education spaces available within the school district in the February meeting of the school board. In determining the availability of space, the nonresident school board may consider criteria such as class size limits, pupil-teacher ratios, or enrollment projections established by the nonresident school board and may include in its count of occupied spaces all of the following:

AB40, s. 2519 Section 2519. 118.51 (5) (a) 1. b. of the statutes is amended to read:

AB40,984,24 118.51 (5) (a) 1. b. Pupils and siblings of pupils who have applied under sub. (3) (a) or (3m) (a) and are already attending the nonresident school district.

AB40, s. 2520 Section 2520. 118.51 (5) (a) 1. c. of the statutes is amended to read:

AB40,985,4 118.51 (5) (a) 1. c. If the nonresident school district is a union high school district, pupils who have applied under sub. (3) (a) or (3m) (a) and are currently attending an underlying elementary school district of the nonresident school district under this section.

AB40, s. 2521 Section 2521. 118.51 (5) (d) of the statutes is renumbered 118.51 (5) (d) 1. and amended to read:

AB40,985,15 118.51 (5) (d) 1. The school board of a nonresident school district may create a waiting list of pupils whose applications were rejected under sub. (3) (a) 3. The nonresident school board may accept pupils from a waiting list created under this paragraph until the 3rd Thursday in September but only if the pupil will be in attendance at the school or program in the nonresident school district on the 3rd Friday in September. Notwithstanding sub. (3) (a) 6., if a pupil is accepted from a waiting list created under this paragraph after the start of the school term, the parent shall immediately notify the resident school district of the pupil's intent to attend school in the nonresident school district for the current school term.

AB40,985,17 3. The department shall promulgate rules to implement and administer this paragraph.

AB40, s. 2522 Section 2522. 118.51 (5) (d) 2. of the statutes is created to read:

AB40,985,23 118.51 (5) (d) 2. A pupil accepted from a waiting list created under this paragraph may attend the school or program in the nonresident school district even if the pupil has attended a school or program in the pupil's resident school district in the current school term, but not if the pupil has attended a school or program in a nonresident school district in the current school term.

AB40, s. 2523 Section 2523. 118.51 (8) of the statutes is amended to read:

AB40,986,10 118.51 (8) Disciplinary records. Notwithstanding s. 118.125, for an application submitted under sub. (3) (a), by the first Friday following the first Monday in May, and within 10 days of receiving a copy of an application under sub. (3m) (c), the resident school board shall provide to the nonresident school board to which a pupil has applied under this section, upon request by that school board, a copy of any expulsion findings and orders pertaining to the pupil, a copy of records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.

AB40, s. 2524 Section 2524. 118.51 (9) of the statutes is amended to read:

AB40,986,24 118.51 (9) Appeal of rejection. If the nonresident school board rejects an application under sub. (3) (a) or (7), the resident school board prohibits a pupil from attending public school in a nonresident school district under sub. (3m) (d), (6), (7) or (12) (b) 1., or the nonresident school board prohibits a pupil from attending public school in the nonresident school district under sub. (11), the pupil's parent may appeal the decision to the department within 30 days after the decision. If the nonresident school board provides notice that the special education or related service is not available under sub. (12) (a), the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. If the resident school board provides notice of transfer under sub. (12) (b) 2., the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable.

AB40, s. 2525 Section 2525. 118.51 (12) (am) of the statutes is created to read:

AB40,987,11 118.51 (12) (am) Estimate of costs. 1. The nonresident school district shall prepare an estimate of the costs to provide the special education or related services required in the individualized education program developed under s. 115.787 (2) for a child with a disability whose parent has submitted an application under this section. For an application submitted for a child with a disability under sub. (3) (a), the nonresident school district shall provide a copy of the estimate of costs to the resident school district by the 3rd Friday following the first Monday in May. For an application submitted for a child with a disability under sub. (3m) (a), the nonresident school district shall provide a copy of the estimate of costs to the resident school district within 10 days after receiving or developing the individualized education program for the applicant.

AB40,987,16 2. Except as provided in subd. 3., if the nonresident school district fails to comply with the requirement under this section by the date specified, the nonresident school district may not charge the resident school district for any actual, additional costs incurred by the nonresident school district to provide the special education and related services for the child with a disability.

AB40,987,18 3. Subdivision 2. does not apply if the resident school district fails to comply with the requirements under sub. (3) (a) 1m.

AB40, s. 2526 Section 2526. 118.51 (12) (b) 1. of the statutes is amended to read:

AB40,988,7 118.51 (12) (b) 1. If the estimate of the costs of the special education or related services required in the individualized education program under s. 115.787 (2) for a child with a disability whose parent has submitted an application under sub. (3) (a), as proposed to be implemented by the nonresident school district and as provided to the resident school district as required under par. (am), would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil , and the per pupil special education or related services costs for children with disabilities continuing to be served by the resident school district, the child's resident school board may notify the child's parent and the nonresident school board by the first 2nd Friday following the first Monday in April June that the pupil may not attend the nonresident school district to which the child has applied.

AB40, s. 2527 Section 2527. 118.51 (15) (a) of the statutes is amended to read:

AB40,988,17 118.51 (15) (a) Application form. Prepare, distribute to school districts, and make available to parents an application form to be used by parents under sub. (3) (a) and an application form to be used by parents under sub. (3m) (a). The form shall include provisions that permit a parent to apply for transportation reimbursement under sub. (14) (b). The form shall require an applicant who is applying to attend a virtual charter school to indicate that he or she is applying to attend a virtual charter school, the number of virtual charter schools to which he or she is applying, and whether he or she is a sibling of a pupil currently enrolled in a virtual charter school through the open enrollment program.

AB40, s. 2528 Section 2528. 118.51 (15) (c) of the statutes is renumbered 118.51 (15) (c) (intro.) and amended to read:

AB40,988,22 118.51 (15) (c) Annual report. (intro.) Annually submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), on the. The report under this paragraph shall include all of the following information:

AB40,988,24 1. The number of pupils who applied to attend public school in a nonresident school district under this section, the.

AB40,988,25 3. The number of applications denied and the bases for the denials, and the.

AB40,989,6 4. The number of pupils attending public school in a nonresident school district under this section. The department shall specify, separately, the number of pupils attending public school in a nonresident school district whose applications were accepted under subs. (3) (a) 3. and (3m) (c), and, for the applications accepted under sub. (3m) (c), the number of pupils attending under each of the criteria listed in sub. (3m) (b).

AB40, s. 2529 Section 2529. 118.51 (15) (c) 2. of the statutes is created to read:

AB40,989,10 118.51 (15) (c) 2. The number of applications received under subs. (3) (a) and (3m) (a) and, for the applications received under sub. (3m) (a), the number of applications received under each of the criteria listed in sub. (3m) (b).

AB40, s. 2530 Section 2530. 118.55 (1) of the statutes is amended to read:

AB40,989,15 118.55 (1) Definition. In this section, "institution of higher education" means an institution within the University of Wisconsin System, the University of Wisconsin–Madison, a tribally controlled college or a private, nonprofit institution of higher education located in this state.

AB40, s. 2531 Section 2531. 118.55 (5) (a) of the statutes is amended to read:

AB40,989,19 118.55 (5) (a) If the pupil is attending an institution within the University of Wisconsin System or the University of Wisconsin–Madison, the actual cost of tuition, fees, books and other necessary materials directly related to the course.

AB40, s. 2532 Section 2532. 118.55 (7r) (a) 4. of the statutes is amended to read:

AB40,989,21 118.55 (7r) (a) 4. The pupil is not a child at risk , as defined in s. 118.153 (1) (a).

AB40, s. 2533 Section 2533. 119.04 (1) of the statutes is amended to read:

AB40,990,6 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.255, 118.258, 118.291, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

AB40, s. 2534 Section 2534. 119.18 (6) (intro.) and (b) of the statutes are consolidated, renumbered 119.18 (6) and amended to read:

AB40,990,13 119.18 (6) School calendar. The board may determine the school calendar and vacation periods for each school year for the regular day schools, summer schools, social centers, and playgrounds, except that: (b). The board may close any school or dismiss any class in the event of an emergency, fire or other casualty, quarantine, or epidemic.

AB40, s. 2535 Section 2535. 119.18 (6) (a) of the statutes is repealed.

AB40, s. 2536 Section 2536. 119.23 (2) (a) (intro.) of the statutes is amended to read:

AB40,990,18 119.23 (2) (a) (intro.) Subject to par. (b), any Any pupil in grades kindergarten to 12 who resides within the city may attend, at no charge, any private school located in the city Milwaukee County if all of the following apply:

AB40, s. 2537 Section 2537. 119.23 (2) (a) 1. of the statutes is renumbered 119.23 (2) (a) 1. a. and amended to read:

AB40,991,9 119.23 (2) (a) 1. a. The Except as provided in subd. 1. b., 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.

AB40, s. 2538 Section 2538. 119.23 (2) (a) 1. b. of the statutes is created to read:

AB40,991,13 119.23 (2) (a) 1. b. Beginning in the 2011-12 school year, the family income limits in subd. 1. a. do not apply if the pupil did not attend a school participating in the program under this section during the 2010-11 school year.

AB40, s. 2539 Section 2539. 119.23 (2) (b) of the statutes is repealed.

AB40, s. 2540 Section 2540. 119.23 (3) (a) of the statutes is amended to read:

AB40,992,2 119.23 (3) (a) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. If the private school rejects an application, the notice shall include the reason. The private school shall indicate in its letter of acceptance the amount of the payment the parent or guardian of the pupil will receive under sub. (4) and, if applicable, sub. (4m). A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis.

AB40, s. 2541 Section 2541. 119.23 (3m) of the statutes is created to read:

AB40,992,10 119.23 (3m) (a) For a pupil to whom sub. (2) (a) 1. a. applies, whose application is accepted under sub. (3) (a), and who 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, the private school may not charge or receive any payment for the pupil other than the payment the school receives under sub. (4) and, if applicable, sub. (4m).

AB40,992,14 (b) 1. Except as provided in subd. 2., for a pupil to whom sub. (2) (a) 1. b. applies and whose application is accepted under sub. (3) (a), the private school may, in addition to the payment it receives for the pupil under sub. (4) and, if applicable, sub. (4m), charge the pupil tuition and fees in an amount determined by the school.

AB40,992,20 2. The private school may not charge or receive any additional payment for a pupil to whom sub. (2) (a) 1. b. applies and whose application is accepted under sub. (3) (a) if the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.25 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

AB40, s. 2542 Section 2542. 119.23 (4) (bg) of the statutes is amended to read:

AB40,993,3 119.23 (4) (bg) In the 2009-10 2011-12 and 2010-11 2012-13 school years, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the parent or guardian, from the appropriation under s. 20.255 (2) (fu), an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or $6,442, whichever is less.

AB40, s. 2543 Section 2543. 119.23 (5) of the statutes is renumbered 119.23 (5) (b).

AB40, s. 2544 Section 2544. 119.23 (5) (a) of the statutes is created to read:

AB40,993,8 119.23 (5) (a) A private school participating in the program under this section shall immediately notify the department of a decision to cease educational programming operations.

AB40, s. 2545 Section 2545. 119.23 (7) (d) 1. of the statutes is renumbered 119.23 (7) (d) 1. b. and amended to read:

AB40,993,17 119.23 (7) (d) 1. b. A copy of the school's current certificate of occupancy issued by the city municipality within which the school is located. 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 municipality within which the school is located 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 subdivision.

AB40, s. 2546 Section 2546. 119.23 (7) (d) 1. a. of the statutes is created to read:

AB40,993,20 119.23 (7) (d) 1. a. In this subdivision, "municipality" has the meaning given in s. 5.02 (11).

AB40, s. 2547 Section 2547. 119.23 (7) (e) 1. of the statutes is amended to read:

AB40,994,7 119.23 (7) (e) 1. In the 2009-10 school year Annually, 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.

AB40, s. 2548 Section 2548. 119.23 (7) (g) of the statutes is repealed.

AB40, s. 2549 Section 2549. 119.23 (7m) of the statutes is created to read:

AB40,994,13 119.23 (7m) (a) Evidence of any of the following circumstances may indicate that a private school participating in the program under this section does not utilize sound fiscal practices, is not financially viable, or does not have the financial ability to continue educational programming operations:

AB40,994,16 1. The private school's budget and statement of cash flows reveal that the private school has inadequate revenues and other financial resources to fund current operations.

AB40,994,19 2. The audit opinion statement submitted by the private school as required under sub. (7) (am) 1. contains a qualification as to the private school's ability to continue as a going concern.

AB40,994,25 3. The private school failed to make a payment to a vendor for services provided to the private school or to an employee or other individual for expenses incurred on behalf of the private school within 90 days of receipt of invoice or payment request or as per written agreement, or has failed to make payments to an employee pursuant to a written document specifying compensation and dates for payment, as indicated in a written communication from the vendor, employee, or other individual.

AB40,995,4 4. The private school failed to make a filing with or withholding payment to the federal Internal Revenue Service, the Wisconsin department of revenue, or the Wisconsin department of workforce development as indicated in a written communication from one of these agencies.

AB40,995,9 5. An audit, required of the private school by a federal or state agency or local governmental unit and provided to the department of public instruction in compliance with reporting requirements promulgated by the department pursuant to sub. (11), contained questioned costs or findings related to compliance that may affect the private school's ability to continue.

AB40,995,13 6. The private school failed to refund to the department the amount of any overpayment made to the private school under sub. (4) (b) or (bg) or (4m), or the amount of any payment made to the private school for a pupil ineligible to attend the private school under this section.

AB40,995,20 (b) If the department determines that any of the circumstances under par. (a) applies to a private school, the private school shall, upon written request, provide to the department any information required by the department, including an audit of the private school's financial statements in accordance with generally accepted accounting principles, to permit the department to determine whether the private school is utilizing sound fiscal practices, is financially viable, or is financially able to continue educational programming operations.

AB40, s. 2550 Section 2550. 119.23 (11) of the statutes is renumbered 119.23 (11) (intro.) and amended to read:

AB40,995,23 119.23 (11) The department shall promulgate do all of the following:

AB40,995,24 (a) Promulgate rules to implement and administer this section.