AB40,994,1310 119.23 (7m) (a) Evidence of any of the following circumstances may indicate
11that a private school participating in the program under this section does not utilize
12sound fiscal practices, is not financially viable, or does not have the financial ability
13to continue educational programming operations:
AB40,994,1614 1. The private school's budget and statement of cash flows reveal that the
15private school has inadequate revenues and other financial resources to fund current
16operations.
AB40,994,1917 2. The audit opinion statement submitted by the private school as required
18under sub. (7) (am) 1. contains a qualification as to the private school's ability to
19continue as a going concern.
AB40,994,2520 3. The private school failed to make a payment to a vendor for services provided
21to the private school or to an employee or other individual for expenses incurred on
22behalf of the private school within 90 days of receipt of invoice or payment request
23or as per written agreement, or has failed to make payments to an employee
24pursuant to a written document specifying compensation and dates for payment, as
25indicated in a written communication from the vendor, employee, or other individual.
AB40,995,4
14. The private school failed to make a filing with or withholding payment to the
2federal Internal Revenue Service, the Wisconsin department of revenue, or the
3Wisconsin department of workforce development as indicated in a written
4communication from one of these agencies.
AB40,995,95 5. An audit, required of the private school by a federal or state agency or local
6governmental unit and provided to the department of public instruction in
7compliance with reporting requirements promulgated by the department pursuant
8to sub. (11), contained questioned costs or findings related to compliance that may
9affect the private school's ability to continue.
AB40,995,1310 6. The private school failed to refund to the department the amount of any
11overpayment made to the private school under sub. (4) (b) or (bg) or (4m), or the
12amount of any payment made to the private school for a pupil ineligible to attend the
13private school under this section.
AB40,995,2014 (b) If the department determines that any of the circumstances under par. (a)
15applies to a private school, the private school shall, upon written request, provide to
16the department any information required by the department, including an audit of
17the private school's financial statements in accordance with generally accepted
18accounting principles, to permit the department to determine whether the private
19school is utilizing sound fiscal practices, is financially viable, or is financially able
20to continue educational programming operations.
AB40, s. 2550 21Section 2550. 119.23 (11) of the statutes is renumbered 119.23 (11) (intro.) and
22amended to read:
AB40,995,2323 119.23 (11) The department shall promulgate do all of the following:
AB40,995,24 24(a) Promulgate rules to implement and administer this section.
AB40, s. 2551 25Section 2551. 119.23 (11) (b) of the statutes is created to read:
AB40,996,6
1119.23 (11) (b) Notify each private school participating in the program under
2this section and the parents and guardians of each pupil attending a private school
3under this section of any proposed changes to the program or to administrative rules
4governing the program, including changes to application or filing deadlines but not
5including changes to provisions governing health or safety, prior to the beginning of
6the school year in which the change takes effect.
AB40, s. 2552 7Section 2552. 119.245 of the statutes is repealed.
AB40, s. 2553 8Section 2553. 119.495 (2) of the statutes is amended to read:
AB40,996,179 119.495 (2) The board shall include in its budget transmitted to the common
10council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing
11to be authorized in the budget for the ensuing year. The common council shall issue
12the notes and levy a direct annual irrepealable tax sufficient to pay the principal and
13interest on the notes as they become due. The common council may issue the notes
14by private sale. The common council shall make every effort to involve a minority
15investment firm certified under s. 560.036 490.04 as managing underwriter of the
16notes or to engage a minority financial adviser certified under s. 560.036 490.04 to
17advise the city regarding any public sale of the notes.
AB40, s. 2554 18Section 2554. 119.496 (2) of the statutes is amended to read:
AB40,997,319 119.496 (2) The board shall include in its budget transmitted to the common
20council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing
21to be authorized in the budget for the ensuing year. The common council shall issue
22the notes and levy a direct annual irrepealable tax sufficient to pay the principal and
23interest on the notes as they become due. The common council may issue the notes
24by private sale. The common council shall establish goals of involving minority
25investment firms certified under s. 560.036 490.04 as managing underwriters for at

1least 50% of the total amount financed by the notes and of engaging a minority
2financial adviser certified under s. 560.036 490.04 to advise the city regarding any
3public sale of the notes.
AB40, s. 2555 4Section 2555. 120.12 (3) (a), (b) and (c) of the statutes are amended to read:
AB40,997,135 120.12 (3) (a) On Annually on or before November 1, determine the amount
6necessary to be raised to operate and maintain the schools of the school district and
7public library facilities operated by the school district under s. 43.52, if the annual
8meeting has not voted a tax sufficient for such purposes for the school year. On
9Annually on or before November 6, or, in those years in which a November general
10election is held, the 7th calendar day after the day of the general election,
the school
11district clerk shall certify the appropriate amount so determined to each appropriate
12municipal clerk who shall assess the amount certified and enter it on the tax rolls
13as other school district taxes are assessed and entered.
AB40,998,214 (b) If a tax sufficient to operate and maintain the schools of a school district for
15the ensuing school year has not been determined, certified and levied prior to the
16effective date of school district reorganization under ch. 117 affecting any territory
17of the school district, the school board of the affected school district shall determine,
18on or before the November 1 following the effective date of the reorganization, the
19amount of deficiency in operation and maintenance funds on the effective date of the
20reorganization which should have been paid by the property in the affected school
21district if the tax had been determined, certified and assessed prior to the effective
22date of the reorganization. On or before November 6, or, in those years in which a
23November general election is held, the 7th calendar day after the day of the general
24election,
the school district clerk shall certify the appropriate amount to each
25appropriate municipal clerk who shall assess, enter and collect the amount as a

1special tax on the property. This paragraph does not affect the apportionment of
2assets and liabilities under s. 66.0235.
AB40,998,103 (c) If on or before November 1 the school board determines that the annual
4meeting has voted a tax greater than that needed to operate the schools of the school
5district for the school year, the school board may lower the tax voted by the annual
6meeting. On or before November 6, or, in those years in which a November general
7election is held, the 7th calendar day after the day of the general election,
the school
8district clerk shall certify the appropriate amount so determined to each appropriate
9municipal clerk who shall assess the amount certified to him or her and enter it on
10the tax rolls in lieu of the amount previously reported.
AB40, s. 2556 11Section 2556. 120.12 (15) of the statutes is amended to read:
AB40,998,1812 120.12 (15) School hours. Establish rules scheduling the hours of a normal
13school day. The school board may differentiate between the various elementary and
14high school grades in scheduling the school day. The equivalent of 180 such days, as
15defined in s. 115.01 (10), shall be held during the school term.
This subsection shall
16not be construed to eliminate a school district's duty to bargain with the employee's
17collective bargaining representative over any calendaring proposal which is
18primarily related to wages, hours, and conditions of employment.
AB40, s. 2557 19Section 2557. 120.12 (27) (a) and (b) of the statutes are amended to read:
AB40,998,2320 120.12 (27) (a) Within 24 hours of a school being closed for a reason specified
21in s. 115.01 (10) (a) 2. or 3. (b) or (c) or by the department of health services under
22s. 252.02 (3), notify the department. The notice shall include the reason for the
23closure.
AB40,999,224 (b) Within 24 hours of reopening a school that was closed for a reason specified
25in s. 115.01 (10) (a) 2. or 3. (b) or (c) or by the department of health services under

1s. 252.02 (3), notify the department that the school has reopened. In the notice, the
2school board shall include the number of days the school was closed.
AB40, s. 2558 3Section 2558. 120.13 (2) (g) of the statutes is amended to read:
AB40,999,74 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss.
549.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3),
6632.798, 632.85, 632.853, 632.855, 632.87 (4), (5), and (6), 632.885, 632.89, 632.895
7(9) to (17) (16m), 632.896, and 767.513 (4).
AB40, s. 2559 8Section 2559. 120.17 (8) (a) of the statutes is amended to read:
AB40,999,179 120.17 (8) (a) Annually on or before November 6, or, in those years in which a
10November general election is held, the 7th calendar day after the day of the general
11election,
deliver to the clerk of each municipality having territory within the school
12district a certified statement showing that proportion of the amount of taxes voted
13and not before reported, and that proportion of the amount of tax to be collected in
14such year, if any, for the annual payment of any loan to be assessed on that part of
15the school district territory lying within the municipality. Such proportion shall be
16determined from the full values certified to the school district clerk under s. 121.06
17(2).
AB40, s. 2560 18Section 2560. 121.004 (7) (c) 1. b. of the statutes is amended to read:
AB40,999,2519 121.004 (7) (c) 1. b. A pupil enrolled in a 5-year-old kindergarten program
20requiring full-day attendance for less than 5 days a week for an entire school year
21term shall be counted as the result obtained by multiplying the number of hours in
22each day in which the pupil is enrolled by the total number of days for which the pupil
23is enrolled, and dividing the result by the product of the total number of hours of
24attendance per day required of first grade pupils in the school district multiplied by
25180
.
AB40, s. 2561
1Section 2561. 121.004 (7) (cm) of the statutes is amended to read:
AB40,1000,62 121.004 (7) (cm) A pupil enrolled in a 4-year-old kindergarten program,
3including a 4-year-old kindergarten program being phased in under s. 118.14 (3) (b),
4that provides the required number of hours of direct pupil instruction under s. 121.02
5(1) (f) 2. shall be counted as 0.6 pupil if the program annually provides at least 87.5
6additional hours of outreach activities.
AB40, s. 2562 7Section 2562. 121.006 (2) (a) of the statutes is renumbered 121.006 (2) (a)
8(intro.) and amended to read:
AB40,1000,119 121.006 (2) (a) (intro.) Hold school for at least 180 days each year the minimum
10number of hours of direct pupil instruction required for the grade in which a pupil
11is enrolled as specified in s. 121.02 (1) (f)
, less any days of the following:
AB40,1000,14 121. Hours during which the state superintendent determines that school is not
13held or educational standards are not maintained as the result of a strike by school
14district employees, the days to be computed in accordance with s. 115.01 (10).
AB40, s. 2563 15Section 2563. 121.006 (2) (a) 2. of the statutes is created to read:
AB40,1000,1816 121.006 (2) (a) 2. Hours during which school is closed by order of the school
17district administrator because of inclement weather and hours during which
18parent-teacher conferences are held, not to exceed 35 hours during the school term.
AB40, s. 2564 19Section 2564. 121.006 (2) (a) 3. of the statutes is created to read:
AB40,1000,2120 121.006 (2) (a) 3. Hours during which school is closed by order of a local health
21officer, as defined in s. 250.01 (5), or the department of health services.
AB40, s. 2565 22Section 2565. 121.006 (2) (a) 4. of the statutes is created to read:
AB40,1001,223 121.006 (2) (a) 4. Hours during which school is closed by order of the school
24district administrator because of a threat to the health or safety of pupils or school
25personnel, but not including inclement weather, unless the school board determines

1that the hours will not count as hours of direct pupil instruction for purposes of s.
2121.02 (1) (f).
AB40, s. 2566 3Section 2566. 121.007 of the statutes is amended to read:
AB40,1001,9 4121.007 Use of state aid; exemption from execution. All moneys paid to
5a school district under s. 20.255 (2) (ac), (bc), (cg), and (cr), shall be used by the school
6district solely for the purposes for which paid. Such moneys are exempt from
7execution, attachment, garnishment, or other process in favor of creditors, except as
8to claims for salaries or wages of teachers and other school employees and as to
9claims for school materials, supplies, fuel, and current repairs.
AB40, s. 2567 10Section 2567. 121.02 (1) (a) 2. of the statutes is amended to read:
AB40,1001,1711 121.02 (1) (a) 2. Subject to s. 118.40 (2r) (d) 1. and (8) (b) 2., ensure that all
12instructional staff of charter schools located in the school district hold a license or
13permit to teach issued by the department. For purposes of this subdivision, a virtual
14charter school is located in the school district specified in s. 118.40 (8) (a) and a
15charter school established under s. 118.40 (3) (c) 1. c. is located in the school district
16specified in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules
17defining "instructional staff" for purposes of this subdivision.
AB40, s. 2568 18Section 2568. 121.02 (1) (f) 1. of the statutes is repealed.
AB40, s. 2569 19Section 2569. 121.02 (1) (f) 2. of the statutes is renumbered 121.02 (1) (f) and
20amended to read:
AB40,1002,321 121.02 (1) (f) Annually, schedule at least 437 hours of direct pupil instruction
22in kindergarten, at least 1,050 hours of direct pupil instruction in grades 1 to 6 and
23at least 1,137 hours of direct pupil instruction in grades 7 to 12. Scheduled hours
24under this subdivision paragraph include recess and time for pupils to transfer
25between classes but do not include the lunch period. Scheduled hours under this

1paragraph may include up to 35 hours on Saturdays
. A school board operating a
24-year-old kindergarten program may use up to 87.5 of the scheduled hours for
3outreach activities.
AB40, s. 2570 4Section 2570. 121.02 (1) (n) of the statutes is repealed.
AB40, s. 2571 5Section 2571. 121.08 (4) (a) 1. of the statutes is amended to read:
AB40,1002,96 121.08 (4) (a) 1. In the 2009-10 and 2010-11 school year, add Add the amounts
7paid under s. 118.40 (2r) in the current school year, and in the 2011-12 school year
8and each school year thereafter, add the amounts paid under s. 118.40 (2r) in the
92010-11 school year
.
AB40, s. 2572 10Section 2572. 121.23 (2) (intro.) of the statutes is amended to read:
AB40,1002,1611 121.23 (2) (intro.) If a school district holds less than 180 days of school fails to
12provide the number of hours of direct pupil instruction specified under s. 121.02 (1)
13(f)
as the result of a strike by school district employees, for the purposes of computing
14general aid, the state superintendent shall compute the school district's primary and
15secondary ceiling costs per member in accordance with the procedure specified in
16pars. (a) to (e). In making the calculation, the state superintendent shall:
AB40, s. 2573 17Section 2573. 121.55 (3) (b) of the statutes is amended to read:
AB40,1002,2518 121.55 (3) (b) Except as provided in par. (c), if 2 or more pupils reside in the
19same household and attend the same private school, the contract under par. (a) may,
20at the discretion of the school board of the school district operating under ch. 119,
21provide for a total annual payment for all such pupils of not less than $5 times the
22distance in miles between the pupils' residence and the private school they attend,
23or the school district's average cost per pupil for bus transportation in the previous
24year exclusive of transportation for kindergarten pupils during the noon hour and
25for pupils with disabilities, whichever is greater.
AB40, s. 2574
1Section 2574. 121.905 (1) of the statutes is amended to read:
AB40,1003,42 121.905 (1) In this section, "revenue ceiling" means $9,000 in the 2009-10
3school year and in the 2010-11 school year and $9,800
$8,900 in the 2011-12 school
4year and
in any subsequent school year.
AB40, s. 2575 5Section 2575. 121.905 (3) (c) 3r. of the statutes is repealed.
AB40, s. 2576 6Section 2576. 121.905 (3) (c) 4. of the statutes is repealed.
AB40, s. 2577 7Section 2577. 121.91 (2m) (e) (intro.) of the statutes is amended to read:
AB40,1003,108 121.91 (2m) (e) (intro.) Except as provided in subs. (3), and (4), and (8), no
9school district may increase its revenues for the 2008-09 school year to an amount
10that exceeds the amount calculated as follows:
AB40, s. 2578 11Section 2578. 121.91 (2m) (f) (intro.) of the statutes is amended to read:
AB40,1003,1412 121.91 (2m) (f) (intro.) Except as provided in subs. (3), and (4), and (8), no school
13district may increase its revenues for the 2009-10 school year or for the 2010-11
14school year to an amount that exceeds the amount calculated as follows:
AB40, s. 2579 15Section 2579. 121.91 (2m) (g) (intro.) of the statutes is amended to read:
AB40,1003,1816 121.91 (2m) (g) (intro.) Except as provided in subs. (3), and (4), and (8), no
17school district may increase its revenues for the 2011-12 school year to an amount
18that exceeds the amount calculated as follows:
AB40, s. 2580 19Section 2580. 121.91 (2m) (g) 2. of the statutes is repealed.
AB40, s. 2581 20Section 2581. 121.91 (2m) (g) 3. of the statutes is amended to read:
AB40,1003,2221 121.91 (2m) (g) 3. Multiply the result under subd. 2. 1. by the average of the
22number of pupils enrolled in the current and the 2 preceding school years.
AB40, s. 2582 23Section 2582. 121.91 (2m) (g) 4. of the statutes is created to read:
AB40,1003,2424 121.91 (2m) (g) 4. Multiply the result under subd. 3. by 0.055.
AB40, s. 2583 25Section 2583. 121.91 (2m) (g) 5. of the statutes is created to read:
AB40,1004,2
1121.91 (2m) (g) 5. Subtract the product under subd. 4. from the result under
2subd. 3.
AB40, s. 2584 3Section 2584. 121.91 (2m) (h) (intro.) of the statutes is amended to read:
AB40,1004,64 121.91 (2m) (h) (intro.) Except as provided in subs. (3), and (4), and (8), no
5school district may increase its revenues for the 2012-13 school year or for any school
6year thereafter
to an amount that exceeds the amount calculated as follows:
AB40, s. 2585 7Section 2585. 121.91 (2m) (h) 2. of the statutes is repealed.
AB40, s. 2586 8Section 2586. 121.91 (2m) (h) 3. of the statutes is repealed.
AB40, s. 2587 9Section 2587. 121.91 (2m) (h) 4. of the statutes is amended to read:
AB40,1004,1110 121.91 (2m) (h) 4. Multiply the result under subd. 3. 1. by the average of the
11number of pupils enrolled in the current and the 2 preceding school years.
AB40, s. 2588 12Section 2588. 121.91 (2m) (r) 1. b. of the statutes is repealed.
AB40, s. 2589 13Section 2589. 121.91 (2m) (r) 1. c. of the statutes is amended to read:
AB40,1004,1814 121.91 (2m) (r) 1. c. Multiply the result under subd. 1. b. a. by the number of
15pupils who in the previous school year were enrolled in a school district from which
16territory was detached to create the new school district and who resided in the
17detached territory, or by the number of pupils enrolled in the new school district in
18the current school year, whichever is greater.
AB40, s. 2590 19Section 2590. 121.91 (2m) (r) 1. d. of the statutes is created to read:
AB40,1004,2120 121.91 (2m) (r) 1. d. In the 2011-12 school year, multiply the result under subd.
211. c. by 0.055. In the 2012-13 school year, multiply the result under subd. 1. c. by 1.0.
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