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:
AB40,818,119 118.30 (1s) (a) 3m. Beginning in the 2014-15 school year, administer the 11th
10grade examination adopted or approved by the state superintendent under sub. (1)
11to all pupils attending the 11th grade in the private school under s. 119.23.
AB40,1766 12Section 1766. 118.30 (1t) (bm) of the statutes is created to read:
AB40,818,1513 118.30 (1t) (bm) Beginning in the 2014-15 school year, administer the 9th
14grade examination adopted or approved by the state superintendent under sub. (1)
15to all pupils attending the 9th grade in the private school under s. 118.60.
AB40,1767 16Section 1767. 118.30 (1t) (cm) of the statutes is created to read:
AB40,818,1917 118.30 (1t) (cm) Beginning in the 2014-15 school year, administer the 11th
18grade examination adopted or approved by the state superintendent under sub. (1)
19to all pupils attending the 11th grade in the private school under s. 118.60.
AB40,1768 20Section 1768. 118.30 (2) (b) 5. of the statutes is amended to read:
AB40,818,2321 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing
22body of a private school participating in the program under s. 119.23 shall excuse the
23pupil from taking an examination administered under sub. (1s) (a) 1. to 3. 3m.
AB40,1769 24Section 1769. 118.30 (2) (b) 6. of the statutes is amended to read:
AB40,819,3
1118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing
2body of a private school participating in the program under s. 118.60 shall excuse the
3pupil from taking an examination administered under sub. (1t) (a) to (c) (cm).
AB40,1770 4Section 1770. 118.40 (2) (b) (intro.) of the statutes is renumbered 118.40 (2)
5(b) and amended to read:
AB40,819,86 118.40 (2) (b) A school board may grant a petition that would result in the
7conversion of all of the public schools in the school district to charter schools if all of
8the following apply:
.
AB40,1771 9Section 1771. 118.40 (2) (b) 1. and 2. of the statutes are repealed.
AB40,1772 10Section 1772. 118.40 (2m) (a) of the statutes is amended to read:
AB40,819,1411 118.40 (2m) (a) A school board may on its own initiative contract with a person
12to operate a school as a charter school. The contract shall include all of the provisions
13specified under sub. (1m) (b) and may include other provisions agreed to by the
14parties, except as otherwise provided in this section.
AB40,1773 15Section 1773. 118.40 (2m) (b) of the statutes is amended to read:
AB40,819,1816 118.40 (2m) (b) A school board may not enter into a contract under par. (a) that
17would result in the conversion of all of the public schools in the school district to
18charter schools unless the school board complies with sub. (2) (b) 2.
AB40,1774 19Section 1774. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:
AB40,819,2320 118.40 (2r) (b) 1. (intro.) All Except as provided in subd. 3., any of the following
21entities may establish by charter and operate a charter school or, on behalf of their
22respective entities, may initiate a
contract with an individual or group a person to
23operate a school as a charter school:
AB40,1775 24Section 1775. 118.40 (2r) (b) 1. e. of the statutes is created to read:
AB40,820,2
1118.40 (2r) (b) 1. e. Any nonprofit, nonsectarian organization or consortium of
2such organizations approved by the charter school oversight board under par. (bm).
AB40,1776 3Section 1776. 118.40 (2r) (b) 2. of the statutes is renumbered 118.40 (2r) (b)
42. (intro.) and amended to read:
AB40,820,145 118.40 (2r) (b) 2. (intro.) A charter shall include all of the provisions specified
6under sub. (1m) (b) 3. to 14. A contract shall include all of the provisions specified
7under sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the
8charter school on the liability of the contracting entity under this paragraph. The
9contract shall also include all of the following provisions and may include other
10provisions agreed to by the parties. The chancellor of the University of
11Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may not establish
12or enter into a contract for the establishment of a charter school under this
13paragraph without the approval of the board of regents of the University of
14Wisconsin System.
:
AB40,1777 15Section 1777. 118.40 (2r) (b) 2. a. to k. of the statutes are created to read:
AB40,820,1916 118.40 (2r) (b) 2. a. A requirement that the charter school governing board
17adhere to specified annual academic and operational performance standards
18developed in accordance with the performance framework of the entity with which
19it is contracting.
AB40,820,2120 b. Provisions detailing the corrective measures the charter school governing
21board will take if the charter school fails to meet performance standards.
AB40,821,322 c. A provision allowing the governing board of a charter school that receives a
23rating of "exceeds expectations" or "significantly exceeds expectations" in the most
24recent school report published by the department under s. 115.385 to open one or
25more additional charter schools. If the charter school governing board opens one or

1more additional charter schools, the existing contract applies to the new school or
2schools unless the parties agree to amend the existing contract or enter into a new
3contract.
AB40,821,54 d. The methodology that will be used by the charter school governing board to
5monitor and verify pupil enrollment, credit accrual, and course completion.
AB40,821,66 e. A requirement that the entity under subd. 1. have direct access to pupil data.
AB40,821,87 f. A description of the administrative relationship between the parties to the
8contract.
AB40,821,109 g. A requirement that the charter school governing board hold parent-teacher
10conferences at least annually.
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