AB40,1751
1Section 1751. 115.42 (2) (a) 5. of the statutes is created to read:
AB40,807,52 115.42 (2) (a) 5. If the person is licensed by the department as a master educator
3under s. PI 34.19, Wis. Adm. Code, he or she maintains a rating of "effective" or
4"highly effective" in the applicable educator effectiveness system, as determined by
5the department.
AB40,1752 6Section 1752. 115.77 (1) of the statutes is amended to read:
AB40,807,107 115.77 (1) In sub. (1m) (a) to (d), except as provided in s. 118.51 (12) (a) and (b)
82., if a child with a disability is attending a public school in a nonresident school
9district under s. 115.7915, 118.51, or 121.84 (1) (a) or (4), "local educational agency"
10means the school district that the child is attending.
AB40,1753 11Section 1753. 115.791 (4) of the statutes is amended to read:
AB40,807,1712 115.791 (4) Subject to s. 115.77 (1m) (d) and (e), this section does not require
13a local educational agency to pay the cost of education, including special education
14and related services, of a child with a disability at a private school or facility,
15including a child with a disability attending a private school under s. 115.7915,
if the
16local educational agency made a free appropriate public education available to the
17child and the child's parents elected to place the child in a private school or facility.
AB40,1754 18Section 1754. 115.7915 of the statutes is created to read:
AB40,807,20 19115.7915 Special Needs Scholarship Program. (1) Definition. In this
20section:
AB40,807,2421 (a) "Eligible school" means a public school located in this state but outside the
22pupil's school district of residence; a charter school located in this state, including a
23charter school located in the pupil's school district of residence and a charter school
24under s. 118.40 (8); or a private school located in this state.
AB40,807,2525 (b) "Services plan" has the meaning given in 34 CFR 300.37.
AB40,808,3
1(1m) Scholarship requirements. Subject to sub. (1r), beginning in the
22013-14 school year, a child with a disability shall receive a scholarship under this
3section to attend an eligible school if all of the following apply:
AB40,808,84 (a) The school district in which the eligible public school is located, the eligible
5charter school, or the eligible private school notified the department of its intent to
6participate in the program under this section. The notice shall specify the number
7of pupils who may participate in the program under this section for whom the school
8has space.
AB40,808,169 (b) The school, if a private school, is approved by the state superintendent
10under s. 118.165 (2) or is accredited by the Wisconsin North Central Association,
11Wisconsin Religious and Independent Schools Accreditation, the Independent
12Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod
13School Accreditation, National Lutheran School Accreditation, the diocese or
14archdiocese within which the private school is located, or any other organization
15recognized by the National Council for Private School Accreditation as of the August
161 preceding the school term for which the scholarship is awarded.
AB40,808,1817 (c) An individualized education program or services plan has been completed
18for the child.
AB40,808,2219 (d) The child attended a public school, attended a charter school, attended a
20private school under s. 118.60 or 119.23, or did not attend school in this state, for the
21entire school year immediately preceding the school year for which the child first
22receives a scholarship under this section.
AB40,809,323 (e) The child, or the child's parent on behalf of the child, has submitted an
24application to the eligible school, on a form prepared by the department, for a
25scholarship under this section to attend the eligible school. The application shall

1include the document developed by the department under sub. (2) (a). An application
2may be made, and a child may begin attending an eligible school under this section,
3at any time during the school year.
AB40,809,54 (f) The child has been accepted by the school district in which the eligible public
5school is located, the eligible charter school, or the eligible private school.
AB40,809,9 6(1r) Limit on number of scholarship recipients. The total number of
7scholarship recipients under this section in any school year may not exceed 5 percent
8of the total number of children with disabilities residing in this state in the previous
9school year, as determined by the department.
AB40,809,13 10(1s) Acceptance of pupils. If an eligible school receives more applications
11under sub. (1m) (e) than the number of pupils specified in the notice under sub. (1m)
12(a), it shall select pupils on a random basis except that it may give preference to
13siblings of pupils who are already attending the eligible school.
AB40,809,18 14(2) Department duties. (a) 1. The department shall develop, for inclusion with
15an application under sub. (1m) (e), a document, and revise it as necessary, comparing
16the rights of a child with a disability and of his or her parent under this subchapter,
17other than this section, and 20 USC 1400 to 1482, with the rights of a child with a
18disability and of his or her parent under this section and 20 USC 1400 to 1482.
AB40,809,2319 2. Receipt by an applicant of the document developed under subd. 1.,
20acknowledged in a format prescribed by the department, constitutes notice that the
21applicant has been informed of his or her rights under this section and 20 USC 1400
22to 1482. Subsequent acceptance of a scholarship under this section constitutes the
23applicant's informed consent to the rights specified in the document.
AB40,810,3
1(b) The governing body of an eligible school that accepts a child under sub. (1m)
2(f) shall notify the department. Upon being notified, the department shall do all of
3the following:
AB40,810,84 1. Notify the school board of the pupil's school district of residence that the pupil
5has been awarded a scholarship under this section. The school board shall, within
63 days of receiving the notice, provide the department and the governing body of the
7eligible school that accepted the pupil with a copy of the pupil's individualized
8education program.
AB40,810,109 2. Determine the amount of the pupil's scholarship. The amount shall be the
10lesser of the following:
AB40,810,1711 a. Divide the sum of the statewide gross property tax levy for schools in the
12previous year and the total amount of general school aid appropriated under s.
1320.255 (2) (ae), (ar), and (bb) in the previous fiscal year by the total statewide
14membership, as defined in s. 121.004 (5), in the previous school year, and add to the
15quotient the result obtained by dividing the amount appropriated under s. 20.255 (2)
16(b) in the previous fiscal year by the total full-time equivalent number of children
17with disabilities enrolled in public schools in the previous school year.
AB40,810,2318 b. The cost to the school district in which the eligible public school is located,
19the eligible charter school, or the eligible private school of providing to the pupil
20regular instruction, instructional and pupil support services, special education and
21related services, supplementary aids and services, and operating and debt services
22costs per pupil, as described under s. 118.60 (4) (d), other than costs under s. 115.88
23(3) and (4).
AB40,810,2524 3. Prorate the amount determined under subd. 2. for a pupil attending an
25eligible school for less than a full school term.
AB40,811,2
14. Notify the parent of the scholarship amount, as determined under subd. 2.
2or 3., accompanied by an explanation of how the amount was determined.
AB40,811,103 5. On behalf of the pupil's parent, pay the scholarship to the school district,
4charter school, or private school that the pupil attends from the appropriation under
5s. 20.255 (2) (az), except that the department may not pay a scholarship to a private
6school unless the pupil's parent has acknowledged receiving the private school's
7profile under sub. (4) (g) in the manner provided by the department. Except as
8provided in sub. (3) (c), the scholarship continues while the pupil attends an eligible
9school until the pupil graduates from high school or until the end of the school term
10in which the pupil attains the age of 21, whichever comes first.
AB40,811,13 11(3) School board duties. (a) Annually, each school board shall notify the
12parents of each child with a disability enrolled in the school district of the program
13under this section.
AB40,811,1714 (b) Upon the request of a parent of a pupil receiving a scholarship, the pupil's
15resident school district shall administer the appropriate examinations under s.
16118.30 to the pupil at no cost if the school attended by the pupil does not administer
17them.
AB40,811,2318 (c) If a child attends a private school under this section, the school board of the
19child's school district of residence shall ensure that the child's individualized
20education program team reevaluates the child as provided in s. 115.782 (4). If the
21individualized education program team determines that the child is no longer a child
22with a disability, the child is ineligible to receive a scholarship under this section
23beginning in the school term following the determination.
AB40,812,2 24(3m) Maintenance of effort. Whenever a pupil receives a scholarship under
25this section, the department and the school board of the pupil's school district of

1residence shall count the scholarship amount toward federal maintenance-of-effort
2requirements.
AB40,812,4 3(4) Private school duties. Each private school participating in the program
4under this section shall do all of the following:
AB40,812,65 (a) Comply with all health and safety laws or codes that apply to private
6schools.
AB40,812,107 (b) Hold a valid certificate of occupancy, if required by the municipality in which
8the school is located or, if the municipality in which the school is located does not
9issue certificates of occupancy, obtain a certificate of occupancy issued by the local
10or regional governmental unit with authority to issue certificates of occupancy.
AB40,812,1111(c) Comply with 42 USC 2000d.
AB40,812,1512 (d) Conduct criminal background investigations of its employees and exclude
13from employment any person not permitted to hold a teaching license as the result
14of an offense and any person who might reasonably be believed to pose a threat to the
15safety of others.
AB40,812,2216 (e) Annually submit to the department a school financial information report,
17prepared by a certified public accountant, that complies with uniform financial
18accounting standards established by the department by rule under s. 118.60 (11) (a).
19The report shall be accompanied by an auditor's statement that the report is free of
20material misstatements and fairly represents pupil costs. The report shall be limited
21in scope to those records that are necessary for the department to make payments
22to the private school.
AB40,812,2523 (f) If the private school expects to receive at least $50,000 in scholarships under
24this section during a school year, do one of the following before the beginning of the
25school year:
AB40,813,3
11. File with the department a surety bond payable to the state in an amount
2equal to 25 percent of the total amount of scholarships expected to be received by the
3private school during the school year under this section.
AB40,813,74 2. File with the department financial information demonstrating that the
5private school has the ability to pay an amount equal to the total amount of
6scholarships expected to be received by the private school during the school year
7under this section.
AB40,813,128 (g) Provide to each applicant under sub. (1m) (e) a profile of the private school's
9special education program, in a form prescribed by the department, that includes the
10methods of instruction that will be used by the school to provide special education
11and related services to the child and the qualifications of the teachers and other
12persons who will be providing special education and related services to the child.
AB40,813,1713 (h) 1. Implement the child's most recent individualized education program or
14services plan, as modified by agreement between the private school and the child's
15parent, and related services agreed to by the private school and the child's parent
16that are not included in the child's individualized education program or services
17plan.
AB40,813,2118 2. Provide a record of the implementation of the child's individualized
19education program or services plan under subd. 1., including an evaluation of the
20child's progress, to the school board of the school district in which the child resides
21in the form and manner prescribed by the department.
AB40,813,2322 (i) Regularly report to the parent of a pupil attending the private school and
23receiving a scholarship under this section on the pupil's progress.
AB40,814,3
1(5) Transportation. (a) Private school. Section 121.54 applies to the
2transportation of a pupil to and from the private school he or she is attending under
3this section.
AB40,814,54 (b) Public school. Section 118.51 (14) applies to the transportation of a pupil
5to and from the public school he or she is attending under this section.
AB40,814,9 6(6) Penalties. (a) The department may bar a school district, charter school,
7or private school from participating in the program under this section if the
8department determines that the school district, charter school, or private school has
9done any of the following:
AB40,814,1110 1. Intentionally and substantially misrepresented information required under
11sub. (4).
AB40,814,1212 2. Routinely failed to comply with the standards under sub. (4) (e) or (f).
AB40,814,1413 3. Used a pupil's scholarship for any purpose other than educational purposes
14or rebated, refunded, or shared a pupil's scholarship with a parent or pupil.
AB40,814,1615 4. Failed to refund to the state, in a timely manner, any scholarship
16overpayments.
AB40,814,2217 (b) If the department bars a school district, charter school, or private school
18from participating in the program under this section, it shall notify all pupils eligible
19to participate in the program and their parents as quickly as possible. A pupil who
20is receiving a scholarship and attending a school district, charter school, or private
21school barred from the program may attend another participating school district,
22charter school, or private school under the scholarship.
AB40,814,25 23(7) Study. (a) The legislative audit bureau shall contract for a study of the
24program under this section with one or more researchers who have experience
25evaluating school choice programs. The study shall evaluate all of the following:
AB40,815,2
11. The level of satisfaction with the program expressed by participating pupils
2and their parents.
AB40,815,53 2. The percentage of participating pupils who were victimized because of their
4special needs at their resident school district and the percentage of such pupils at
5their participating school.
AB40,815,86 3. The percentage of participating pupils who exhibited behavioral problems
7at their resident school district and the percentage of such pupils at their
8participating school.
AB40,815,109 4. The average class size at participating pupils' resident school districts and
10at their participating schools.
AB40,815,1111 5. The fiscal impact of the program on the state and on resident school districts.
AB40,815,1312 (b) The contract under par. (a) shall require the researchers who conduct the
13study to do all of the following:
AB40,815,1514 1. Apply appropriate analytical and behavioral science methodologies to
15ensure public confidence in the study.
AB40,815,1616 2. Protect the identity of participating schools and pupils.
AB40,815,1917 (c) The contract under par. (a) shall require that the results of the study be
18reported to the appropriate standing committees of the legislature under s. 13.172
19(3) by January 9, 2016.
AB40,815,21 20(8) Rules. The department shall promulgate rules to implement and
21administer this section, including rules relating to all of the following:
AB40,815,2322 (a) The eligibility and participation of eligible schools, including timelines that
23maximize pupil and school participation.
AB40,815,2424 (b) The calculation and distribution of scholarships.
AB40,815,2525 (c) The application and approval procedures for pupils and eligible schools.
AB40,816,4
1(d) In a manner consistent with federal law, requiring the school board of a
2school district participating in the program under this section to spend its federal
3equitable share funds on children with disabilities who are enrolled by their parents
4in private schools other than under this section.
AB40,1755 5Section 1755. 118.016 (1) of the statutes is amended to read:
AB40,816,176 118.016 (1) Beginning in In the 2012-13 and 2013-14 school year years, each
7school board and the governing body of each charter school established under s.
8118.40 (2r) shall, using the appropriate, valid, and reliable assessment of literacy
9fundamentals selected by the department, annually assess each pupil enrolled in
10kindergarten in the school district or in the charter school for reading readiness.
11Beginning in the 2014–15 school year, each school board and the governing body of
12each charter school established under s. 118.40 (2r) shall, using the appropriate,
13valid, and reliable assessment of literacy fundamentals selected by the department,
14annually assess each pupil enrolled in grades kindergarten to 2 in the school district
15or in the charter school for reading readiness.
The department shall ensure that the
16assessment evaluates whether a pupil possesses phonemic awareness and letter
17sound knowledge.
AB40,1756 18Section 1756. 118.145 (4) of the statutes is amended to read:
AB40,816,2419 118.145 (4) The school board of a school district operating high school grades
20shall allow a pupil enrolled in a private school, or a pupil enrolled in a tribal school,
21or a pupil enrolled in a home-based educational program
, who has met the standards
22for admission to high school under sub. (1), to take up to 2 courses during each school
23semester if the pupil resides in the school district in which the public school is located
24and if the school board determines that there is sufficient space in the classroom.
AB40,1757 25Section 1757. 118.19 (13) of the statutes is repealed.
AB40,1758
1Section 1758. 118.19 (16) of the statutes is created to read:
AB40,817,62 118.19 (16) The department shall ensure that teaching experience gained
3while a person held an emergency permit issued by the department under s. PI 34.21
4(2), Wis. Adm. Code, counts toward fulfillment of the teaching experience
5requirement for a license based on experience under s. PI 34.195 (2), Wis. Adm. Code,
6or for a license in a school administrator category under s. PI 34.32, Wis. Adm. Code.
AB40,1759 7Section 1759. 118.30 (1) of the statutes is amended to read:
AB40,817,108 118.30 (1) The state superintendent shall adopt or approve examinations
9designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and,
109th,
10th, and 11th grades.
AB40,1760 11Section 1760. 118.30 (1m) (ar) of the statutes is created to read:
AB40,817,1512 118.30 (1m) (ar) Except as provided in sub. (7), beginning in the 2014-15 school
13year, administer the 9th grade examination adopted or approved by the state
14superintendent under sub. (1) to all pupils enrolled in the school district, including
15pupils enrolled in charter schools located in the school district, in the 9th grade.
AB40,1761 16Section 1761. 118.30 (1m) (c) of the statutes is created to read:
AB40,817,2017 118.30 (1m) (c) Except as provided in sub. (7), beginning in the 2014-15 school
18year, administer the 11th grade examination adopted or approved by the state
19superintendent under sub. (1) to all pupils enrolled in the school district, including
20pupils enrolled in charter schools located in the school district, in the 11th grade.
AB40,1762 21Section 1762. 118.30 (1r) (ar) of the statutes is created to read:
AB40,817,2422 118.30 (1r) (ar) Beginning in the 2014-15 school year, administer the 9th grade
23examination adopted or approved by the state superintendent under sub. (1) to all
24pupils enrolled in the charter school in the 9th grade.
AB40,1763 25Section 1763. 118.30 (1r) (c) of the statutes is created to read:
AB40,818,3
1118.30 (1r) (c) Beginning in the 2014-15 school year, administer the 11th grade
2examination adopted or approved by the state superintendent under sub. (1) to all
3pupils enrolled in the charter school in the 11th grade.
AB40,1764 4Section 1764. 118.30 (1s) (a) 2m. of the statutes is created to read:
AB40,818,75 118.30 (1s) (a) 2m. Beginning in the 2014-15 school year, administer the 9th
6grade examination adopted or approved by the state superintendent under sub. (1)
7to all pupils attending the 9th grade in the private school under s. 119.23.
AB40,1765 8Section 1765. 118.30 (1s) (a) 3m. of the statutes is created to read:
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