AB40,830,1717 7. To acquire real property for its use.
AB40,830,1818 8. To sue and be sued in its own name.
AB40,1806 19Section 1806. 118.40 (6) of the statutes is amended to read:
AB40,830,2420 118.40 (6) Program voluntary. No Unless all of the public schools in a school
21district have been converted to charter schools under sub. (2) (b) or (2m) (b), no
pupil
22may be required to attend a charter school without his or her approval, if the pupil
23is an adult, or the approval of his or her parents parent or legal guardian, if the pupil
24is a minor.
AB40,1807 25Section 1807. 118.40 (7) (ar) of the statutes is amended to read:
AB40,831,3
1118.40 (7) (ar) Nothing in this subsection section affects the rights of personnel
2of a charter school that is an instrumentality of a school district to engage in
3collective bargaining pursuant to subch. IV of ch. 111.
AB40,1808 4Section 1808. 118.40 (8) (b) 3. of the statutes is created to read:
AB40,831,75 118.40 (8) (b) 3. The department may not require a person licensed as provided
6under subd. 1. to complete professional development not required of any other
7individual required to be licensed under s. 118.19.
AB40,1809 8Section 1809. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ag).
AB40,1810 9Section 1810. 118.51 (1) (ad) of the statutes is created to read:
AB40,831,1110 118.51 (1) (ad) "Charter school" excludes a school under contract with an entity
11under s. 118.40 (2r) (b).
AB40,1811 12Section 1811. 118.52 (title) of the statutes is repealed and recreated to read:
AB40,831,13 13118.52 (title) Course options.
AB40,1812 14Section 1812. 118.52 (1) (a) of the statutes is renumbered 118.52 (1) (ar).
AB40,1813 15Section 1813. 118.52 (1) (am) of the statutes is created to read:
AB40,831,1916 118.52 (1) (am) "Educational institution" includes a public school in a
17nonresident school district, the University of Wisconsin System, a technical college,
18a nonprofit institution of higher education, a tribal college, a charter school, and any
19nonprofit organization that has been approved by the department.
AB40,1814 20Section 1814. 118.52 (2) of the statutes is amended to read:
AB40,832,221 118.52 (2) Applicability. Beginning in the 1998-99 school year, a A pupil
22enrolled in a public school in the high school grades may attend public school in a
23nonresident school district
an educational institution under this section for the
24purpose of taking a course offered by the nonresident school district educational

1institution
. A pupil may attend no more than 2 courses at any time in nonresident
2school districts
at educational institutions under this section.
AB40,1815 3Section 1815. 118.52 (3) (a) of the statutes is amended to read:
AB40,832,134 118.52 (3) (a) The parent of a pupil who wishes to attend public school in a
5nonresident school district
an educational institution for the purpose of taking a
6course under this section shall submit an application, on a form provided by the
7department, to the school board of the nonresident school district in which
8educational institution at which the pupil wishes to attend a course not later than
96 weeks prior to the date on which the course is scheduled to commence. The
10application shall specify the course that the pupil wishes to attend and may specify
11the school or schools at which the pupil wishes to attend the course. The nonresident
12school board
educational institution shall send a copy of the application to the pupil's
13resident school board.
AB40,1816 14Section 1816. 118.52 (3) (b) of the statutes is amended to read:
AB40,832,1815 118.52 (3) (b) If a nonresident school board an educational institution receives
16more applications for a particular course than there are spaces available in the
17course, the nonresident school board educational institution shall determine which
18pupils to accept on a random basis.
AB40,1817 19Section 1817. 118.52 (3) (c) of the statutes is amended to read:
AB40,833,220 118.52 (3) (c) No later than one week prior to the date on which the course is
21scheduled to commence, the nonresident school board educational institution shall
22notify the applicant and the resident school board, in writing, whether the
23application has been accepted and, if the application is accepted, the school at which
24the pupil may attend the course. The acceptance applies only for the following
25semester, school year or other session in which the course is offered. If the

1nonresident school board educational institution rejects an application, it shall
2include in the notice the reason for the rejection.
AB40,1818 3Section 1818. 118.52 (3) (d) 1. of the statutes is amended to read:
AB40,833,74 118.52 (3) (d) 1. If it denies an application to attend public school in a
5nonresident school district
an educational institution under sub. (6), notify the
6applicant and the nonresident school board educational institution, in writing, that
7the application has been denied and include in the notice the reason for the rejection.
AB40,1819 8Section 1819. 118.52 (3) (e) of the statutes is amended to read:
AB40,833,139 118.52 (3) (e) Following receipt of a notice of acceptance but prior to the date
10on which the course is scheduled to commence, the pupil's parent shall notify the
11resident school board and nonresident school board the educational institution of the
12pupil's intent to attend the course in at the nonresident school district educational
13institution
.
AB40,1820 14Section 1820. 118.52 (6) (a) of the statutes is amended to read:
AB40,833,1915 118.52 (6) (a) Individualized education program requirements. The school
16board of a pupil's resident school district shall reject a pupil's application to attend
17a course in a public school in a nonresident school district at an educational
18institution
if the resident school board determines that the course conflicts with the
19individualized education program for the pupil under s. 115.787 (2).
AB40,1821 20Section 1821. 118.52 (6) (b) of the statutes is repealed.
AB40,1822 21Section 1822. 118.52 (6) (c) of the statutes is created to read:
AB40,833,2522 118.52 (6) (c) Pupil plan; high school graduation requirements. The school
23board of a pupil's resident school district may reject an application by a pupil to
24attend a course at an educational institution if the resident school board determines
25that any of the following apply:
AB40,834,2
11. The course does not satisfy a high school graduation requirement under s.
2118.33.
AB40,834,43 2. The course does not conform to or support the pupil's academic and career
4plan under s. 115.28 (59) (a), if any.
AB40,1823 5Section 1823. 118.52 (8) of the statutes is amended to read:
AB40,834,126 118.52 (8) Appeal of rejection. If an application is rejected under sub. (5) (3)
7(c)
or a pupil is prohibited from attending a course in a public school in a nonresident
8school district
at an educational institution under sub. (6), the pupil's parent may
9appeal the decision to the department within 30 days after the decision. The
10department shall affirm the school board's decision unless the department finds that
11the decision was arbitrary or unreasonable. The department's decision is final and
12is not subject to judicial review under subch. III of ch. 227.
AB40,1824 13Section 1824. 118.52 (9) of the statutes is amended to read:
AB40,834,1814 118.52 (9) Rights and privileges of nonresident pupils. A pupil attending a
15course in a public school in a nonresident school district at an educational institution
16under this section has all of the rights and privileges of other pupils residing in that
17school district
attending the educational institution and is subject to the same rules
18and regulations as those pupils residing in that school district.
AB40,1825 19Section 1825. 118.52 (10) of the statutes is amended to read:
AB40,835,220 118.52 (10) Disciplinary records. Notwithstanding s. 118.125, the resident
21school board shall provide to the nonresident school board educational institution to
22which a pupil has applied under this section, upon request by that school board
23educational institution, a copy of any expulsion findings and orders, a copy of records
24of any pending disciplinary proceeding involving the pupil, a written explanation of
25the reasons for the expulsion or pending disciplinary proceeding and the length of

1the term of the expulsion or the possible outcomes of the pending disciplinary
2proceeding.
AB40,1826 3Section 1826. 118.52 (11) (a) and (b) of the statutes are amended to read:
AB40,835,74 118.52 (11) (a) Responsibility. The parent of a pupil attending a course in a
5public school in a nonresident school district
at an educational institution under this
6section is responsible for transporting the pupil to and from the course that the pupil
7is attending.
AB40,835,178 (b) Low-income assistance. The parent of a pupil who is attending a course in
9a public school in a nonresident school district
at an educational institution under
10this section may apply to the department for reimbursement of the costs incurred by
11the parent for the transportation of the pupil to and from the pupil's residence or
12school in which the pupil is enrolled and the school at which educational institution
13that
the pupil is attending for the course if the pupil and parent are unable to pay
14the cost of such transportation. The department shall determine the reimbursement
15amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy).
16The department shall give preference under this paragraph to those pupils who are
17eligible for a free or reduced-price lunch under 42 USC 1758 (b).
AB40,1827 18Section 1827. 118.52 (12) of the statutes is amended to read:
AB40,836,219 118.52 (12) Tuition. The resident school board shall pay to the nonresident
20school board
educational institution, for each resident pupil attending a course in a
21public school in the nonresident school district
at the educational institution under
22this section, an amount equal to the cost of providing the course to the pupil,
23calculated in a manner determined by the department. The educational institution
24may not charge to or receive from the pupil or the pupil's resident school board any

1additional payment for a pupil attending a course at the educational institution
2under this section.
AB40,1828 3Section 1828. 118.53 of the statutes is created to read:
AB40,836,6 4118.53 Attendance by pupils enrolled in a home-based private
5educational program.
(1) In this section, "course" means study which has the
6fundamental purposes of developing the knowledge, concepts, and skills in a subject.
AB40,836,9 7(2) In addition to the standards for admission under ss. 118.14, 118.145 (1), and
8120.12 (25), the school board of a district shall determine the minimum standards
9for admission to a course offered by the school district at each grade.
AB40,836,14 10(3) A school board shall allow a pupil enrolled in a home-based private
11educational program, who has met the standards for admission to the course under
12sub. (2), to attend up to 2 courses at a public school in the district during each school
13semester if the school board determines that there is sufficient space in the
14classroom.
AB40,836,17 15(4) A pupil enrolled in a home-based private educational program and
16attending a public school under this section may attend one course in each of 2 school
17districts, but may not attend more than 2 courses in any semester.
AB40,1829 18Section 1829. 118.60 (title) of the statutes is amended to read:
AB40,836,20 19118.60 (title) Parental choice programs program for eligible school
20districts.
AB40,1830 21Section 1830. 118.60 (1) (am) (intro.) of the statutes is amended to read:
AB40,836,2322 118.60 (1) (am) (intro.) "Eligible school district" means a school district that,
23subject to sub. (1m),
satisfies all any of the following:
AB40,1831 24Section 1831. 118.60 (1) (am) 1. of the statutes is renumbered 118.60 (1) (am)
251g. a.
AB40,1832
1Section 1832. 118.60 (1) (am) 1g. (intro.) of the statutes is created to read:
AB40,837,32 118.60 (1) (am) 1g. (intro.) Subject to sub. (1m) (a), the school district satisfies
3all of the following:
AB40,1833 4Section 1833. 118.60 (1) (am) 1r. of the statutes is created to read:
AB40,837,55 118.60 (1) (am) 1r. The school district satisfies all of the following:
AB40,837,86 a. The number of pupils enrolled in the school district equals or exceeds 4,000.
7In this subd. 1r. a., the number of pupils means the number of pupils as counted
8under s. 121.004 (7).
AB40,837,129 b. Subject to sub. (1m) (b) 2., 2 or more public schools in the school district were
10placed in the same school year in a performance category of either "fails to meet
11expectations" or "meets few expectations," or the equivalent lowest performance
12categories, on an accountability report issued by the department under s. 115.385 (1).
AB40,1834 13Section 1834. 118.60 (1) (am) 2. of the statutes is renumbered 118.60 (1) (am)
141g. b.
AB40,1835 15Section 1835. 118.60 (1) (am) 3. of the statutes is renumbered 118.60 (1) (am)
161g. c.
AB40,1836 17Section 1836. 118.60 (1) (am) 4. of the statutes is renumbered 118.60 (1) (am)
181g. d.
AB40,1837 19Section 1837. 118.60 (1m) of the statutes is renumbered 118.60 (1m) (a) and
20amended to read:
AB40,838,321 118.60 (1m) (a) By For an eligible school district under sub. (1) (am) 1g., by
22November 15 of the 2nd fiscal year of each fiscal biennium, the department shall
23prepare a list that identifies eligible school districts. The department shall post the
24list on the department's Internet site and shall notify in writing the school district
25clerk of each eligible school district. A school district that has qualified as an eligible

1school district under this section sub. (1) (am) 1g. on April 20, 2012, shall remain an
2eligible school district, but no school district may qualify as an eligible school district
3under sub. (1) (am) 1g. after April 20, 2012.
AB40,1838 4Section 1838. 118.60 (1m) (b) of the statutes is created to read:
AB40,838,125 118.60 (1m) (b) 1. Subject to subd. 2., for an eligible school district under sub.
6(1) (am) 1r., within 10 days after the department publishes, for at least 2 schools in
7a school district, accountability reports under s. 115.385 (1) that place the schools in
8a performance category of "fails to meet expectations" or "meets few expectations,"
9or the equivalent lowest performance categories, the department shall publish a
10notice on the department's Internet site that identifies that school district as an
11eligible school district for the immediately following school year, and shall notify in
12writing the school district clerk of the eligible school district.
AB40,838,2513 2. A school district identified as an eligible school district under subd. 1. ceases
14to be an eligible school district if, at the time at which any subsequent accountability
15reports are published by the department under s. 115.385 (1), no school or only one
16school in the school district is placed in a performance category of "fails to meet
17expectations" or "meets few expectations," or the equivalent lowest performance
18categories, and the school district did not qualify as an eligible school district, as
19required under sub. (2) (bg), in the last school year in which the school district
20satisfied the requirements under subd. 1. The department shall, within 10 days after
21the department publishes the subsequent accountability reports, remove from the
22list of eligible school districts on the department's Internet site any such school
23district, and shall notify the school district clerk in writing of the change in eligibility
24status. This subdivision does not preclude a school district from becoming an eligible
25school district under sub. (1) (am) 1r. in a subsequent school year.
AB40,1839
1Section 1839. 118.60 (2) (a) (intro.) of the statutes is amended to read:
AB40,839,42 118.60 (2) (a) (intro.) Subject to par. (b) pars. (bg) and (br), any pupil in grades
3kindergarten to 12 who resides within an eligible school district may attend any
4private school if all of the following apply:
AB40,1840 5Section 1840. 118.60 (2) (a) 3. a. of the statutes is amended to read:
AB40,839,126 118.60 (2) (a) 3. a. Except as provided in subd. 3. b. and c., the private school
7notified the state superintendent of its intent to participate in the program under
8this section or in the program under s. 119.23, and paid the nonrefundable fee, set
9by the department as required under s. 119.23 (2) (a) 3., by February 1 of the previous
10school year. The notice shall specify the number of pupils participating in the
11program under this section and in the program under s. 119.23 for which the school
12has space.
AB40,1841 13Section 1841. 118.60 (2) (a) 3. c. of the statutes is created to read:
AB40,839,2314 118.60 (2) (a) 3. c. For a participating private school, or a private school that
15is a first-time participant in the program under this section, that intends to
16participate in the program under this section and to accept pupils who reside within
17a school district in the first school year in which that school district is identified as
18an eligible school district under sub. (1m) (b) 1., the private school notified the state
19superintendent of its intent to participate in the program under this section, and
20paid the nonrefundable fee set by the department as required under s. 119.23 (2) (a)
213., by August 1 of the school year in which the private school intends to participate.
22The notice shall specify the number of pupils participating in the program under this
23section for which the school has space.
AB40,1842 24Section 1842. 118.60 (2) (a) 6. c. of the statutes is amended to read:
AB40,840,19
1118.60 (2) (a) 6. c. Any teacher employed by the private school on July 1 of the
2first school year that begins after a school district is identified as an eligible school
3district under sub. (1m) (b) 1. and qualifies as an eligible school district under par.
4(bg),
or is identified as an eligible school district under 2011 Wisconsin Act 32, section
59137 (3u), who has been teaching for at least the 5 consecutive years immediately
6preceding that July 1, and who does not satisfy the requirements under subd. 6. a.
7on that July 1, applies to the department on a form prepared by the department for
8a temporary, nonrenewable waiver from the requirements under subd. 6. a. The
9department shall promulgate rules to implement this subd. 6. c., including the form
10of the application and the process by which the waiver application will be reviewed.
11The application form shall require the applicant to submit a plan for satisfying the
12requirements under subd. 6. a., including the name of the accredited institution of
13higher education at which the teacher is pursuing or will pursue the bachelor's
14degree and the anticipated date on which the teacher expects to complete the
15bachelor's degree. No waiver granted under this subd. 6. c. is valid after July 31 of
16the 5th school year that begins after a school district is both identified as an eligible
17school district under sub. (1m) (b) 1. and qualifies as an eligible school district under
18par. (bg)
or is identified as an eligible school district under 2011 Wisconsin Act 32,
19section 9137 (3u).
AB40,1843 20Section 1843. 118.60 (2) (a) 7. of the statutes is amended to read:
AB40,842,521 118.60 (2) (a) 7. For a private school that is a first-time participant in the
22program under this section or in the program under s. 119.23, and that is not
23accredited by Wisconsin North Central Association, Wisconsin Religious and
24Independent School Accreditation, Independent Schools Association of the Central
25States, Wisconsin Evangelical Lutheran Synod School Accreditation, National

1Lutheran School Accreditation, the diocese or archdiocese within which the private
2school is located, or by any other organization recognized by the National Council for
3Private Schools Accreditation, the private school obtains preaccreditation by the
4Institute for the Transformation of Learning at Marquette University, Wisconsin
5North Central Association, Wisconsin Religious and Independent Schools
6Accreditation, Independent Schools Association of the Central States, Wisconsin
7Evangelical Lutheran Synod School Accreditation, National Lutheran School
8Accreditation, or the diocese or archdiocese within which the private school is located
9by September August 1 before the first school term of participation in the program
10under this section or in the program under s. 119.23 that begins after August 31,
112011, by
July 1, 2013; August 1 15 before the first school term of participation in the
12program under this section that begins in the first school year that begins after a
13school district is identified as an eligible school district under sub. (1m) (b); or by May
141 if the private school begins participation in the program under this section or in the
15program under s. 119.23
during summer school. In any school year, a private school
16may apply for and seek to obtain preaccreditation from only one of the entities
17enumerated in this subdivision. A private school that fails to obtain accreditation
18preaccreditation in a school year may apply for and seek to obtain preaccreditation
19from one of the entities enumerated in this subdivision in the following school year.
20The private school shall achieve accreditation by Wisconsin North Central
21Association, Wisconsin Religious and Independent Schools Accreditation,
22Independent Schools Association of the Central States, Wisconsin Evangelical
23Lutheran Synod School Accreditation, National Lutheran School Accreditation, the
24diocese or archdiocese within which the private school is located, or any other
25organization recognized by the National Council for Private School Accreditation, by

1December 31 of the 3rd school year following the first school year in which the private
2school begins participation in the program under this section. If the private school
3is accredited under this subdivision, the private school is not required to obtain
4preaccreditation as a prerequisite to providing instruction under this section in
5additional grades or in an additional or new school.
AB40,1844 6Section 1844. 118.60 (2) (b) of the statutes is repealed.
AB40,1845 7Section 1845. 118.60 (2) (bg) of the statutes is created to read:
AB40,842,208 118.60 (2) (bg) 1. No pupil who resides in a school district identified as an
9eligible school district under sub. (1m) (b) 1. may attend a private school under this
10section until that school district qualifies as an eligible school district under this
11paragraph. A school district qualifies as an eligible school district under this
12paragraph if no later than August 15 immediately following the date on which the
13department identified the school district as an eligible school district under sub. (1m)
14(b) 1., at least 20 pupils who reside in the school district apply to attend a private
15school under this section and simultaneously notify the department that they have
16applied to attend a private school under this section. Pupils applying to attend a
17private school that is a first-time participant in the program under this section and
18that has not obtained preaccreditation as required under par. (a) 7. may not be
19counted towards the 20 pupils required for an eligible school district to qualify as an
20eligible school district under this section.
AB40,842,2521 2. The department shall, no later than 5 days after receiving notice from private
22schools regarding acceptance of pupils as required under sub. (3) (a), determine
23whether any school district identified as an eligible school district under sub. (1m)
24(b) 1. qualifies as an eligible school district under this paragraph, and shall publish
25on the department's Internet site a list of any such qualifying eligible school districts.
AB40,843,2
13. A school district that qualifies as an eligible school district under this
2paragraph shall remain qualified under this paragraph.
AB40,1846 3Section 1846. 118.60 (2) (br) of the statutes is created to read:
AB40,843,114 118.60 (2) (br) 1. In the 2013-14 school year, no more than a total of 500 pupils
5residing in school districts identified as eligible school districts under sub. (1m) (b)
61. and qualifying as eligible school districts under par. (bg) may attend private
7schools under this section. In this paragraph, the number of pupils means the
8number of pupils as counted under s. 121.004 (7). Participating private schools shall
9give priority to pupils who were eligible for a free or reduced-price lunch in the
10federal school lunch program under 42 USC 1758 (b) in the immediately preceding
11school year.
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