AB40: Bill Text

AB40,830,12 3. To enter into contracts, including contracts with a University of Wisconsin institution or college campus, technical college district board, or private college or university, for technical or financial assistance, academic support, curriculum review, or other services.

AB40,830,13 4. To incur debt in reasonable anticipation of the receipt of funds.

AB40,830,15 5. To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.

AB40,830,16 6. To solicit and accept gifts or grants for school purposes.

AB40,830,17 7. To acquire real property for its use.

AB40,830,18 8. To sue and be sued in its own name.

AB40,1806 Section 1806. 118.40 (6) of the statutes is amended to read:

AB40,830,24 118.40 (6) Program voluntary. No Unless all of the public schools in a school district have been converted to charter schools under sub. (2) (b) or (2m) (b), no pupil may be required to attend a charter school without his or her approval, if the pupil is an adult, or the approval of his or her parents parent or legal guardian, if the pupil is a minor.

AB40,1807 Section 1807. 118.40 (7) (ar) of the statutes is amended to read:

AB40,831,3 118.40 (7) (ar) Nothing in this subsection section affects the rights of personnel of a charter school that is an instrumentality of a school district to engage in collective bargaining pursuant to subch. IV of ch. 111.

AB40,1808 Section 1808. 118.40 (8) (b) 3. of the statutes is created to read:

AB40,831,7 118.40 (8) (b) 3. The department may not require a person licensed as provided under subd. 1. to complete professional development not required of any other individual required to be licensed under s. 118.19.

AB40,1809 Section 1809. 118.51 (1) (a) of the statutes is renumbered 118.51 (1) (ag).

AB40,1810 Section 1810. 118.51 (1) (ad) of the statutes is created to read:

AB40,831,11 118.51 (1) (ad) "Charter school" excludes a school under contract with an entity under s. 118.40 (2r) (b).

AB40,1811 Section 1811. 118.52 (title) of the statutes is repealed and recreated to read:

AB40,831,13 118.52 (title) Course options.

AB40,1812 Section 1812. 118.52 (1) (a) of the statutes is renumbered 118.52 (1) (ar).

AB40,1813 Section 1813. 118.52 (1) (am) of the statutes is created to read:

AB40,831,19 118.52 (1) (am) "Educational institution" includes a public school in a nonresident school district, the University of Wisconsin System, a technical college, a nonprofit institution of higher education, a tribal college, a charter school, and any nonprofit organization that has been approved by the department.

AB40,1814 Section 1814. 118.52 (2) of the statutes is amended to read:

AB40,832,2 118.52 (2) Applicability. Beginning in the 1998-99 school year, a A pupil enrolled in a public school in the high school grades may attend public school in a nonresident school district an educational institution under this section for the purpose of taking a course offered by the nonresident school district educational institution. A pupil may attend no more than 2 courses at any time in nonresident school districts at educational institutions under this section.

AB40,1815 Section 1815. 118.52 (3) (a) of the statutes is amended to read:

AB40,832,13 118.52 (3) (a) The parent of a pupil who wishes to attend public school in a nonresident school district an educational institution for the purpose of taking a course under this section shall submit an application, on a form provided by the department, to the school board of the nonresident school district in which educational institution at which the pupil wishes to attend a course not later than 6 weeks prior to the date on which the course is scheduled to commence. The application shall specify the course that the pupil wishes to attend and may specify the school or schools at which the pupil wishes to attend the course. The nonresident school board educational institution shall send a copy of the application to the pupil's resident school board.

AB40,1816 Section 1816. 118.52 (3) (b) of the statutes is amended to read:

AB40,832,18 118.52 (3) (b) If a nonresident school board an educational institution receives more applications for a particular course than there are spaces available in the course, the nonresident school board educational institution shall determine which pupils to accept on a random basis.

AB40,1817 Section 1817. 118.52 (3) (c) of the statutes is amended to read:

AB40,833,2 118.52 (3) (c) No later than one week prior to the date on which the course is scheduled to commence, the nonresident school board educational institution shall notify the applicant and the resident school board, in writing, whether the application has been accepted and, if the application is accepted, the school at which the pupil may attend the course. The acceptance applies only for the following semester, school year or other session in which the course is offered. If the nonresident school board educational institution rejects an application, it shall include in the notice the reason for the rejection.

AB40,1818 Section 1818. 118.52 (3) (d) 1. of the statutes is amended to read:

AB40,833,7 118.52 (3) (d) 1. If it denies an application to attend public school in a nonresident school district an educational institution under sub. (6), notify the applicant and the nonresident school board educational institution, in writing, that the application has been denied and include in the notice the reason for the rejection.

AB40,1819 Section 1819. 118.52 (3) (e) of the statutes is amended to read:

AB40,833,13 118.52 (3) (e) Following receipt of a notice of acceptance but prior to the date on which the course is scheduled to commence, the pupil's parent shall notify the resident school board and nonresident school board the educational institution of the pupil's intent to attend the course in at the nonresident school district educational institution.

AB40,1820 Section 1820. 118.52 (6) (a) of the statutes is amended to read:

AB40,833,19 118.52 (6) (a) Individualized education program requirements. The school board of a pupil's resident school district shall reject a pupil's application to attend a course in a public school in a nonresident school district at an educational institution if the resident school board determines that the course conflicts with the individualized education program for the pupil under s. 115.787 (2).

AB40,1821 Section 1821. 118.52 (6) (b) of the statutes is repealed.

AB40,1822 Section 1822. 118.52 (6) (c) of the statutes is created to read:

AB40,833,25 118.52 (6) (c) Pupil plan; high school graduation requirements. The school board of a pupil's resident school district may reject an application by a pupil to attend a course at an educational institution if the resident school board determines that any of the following apply:

AB40,834,2 1. The course does not satisfy a high school graduation requirement under s. 118.33.

AB40,834,4 2. The course does not conform to or support the pupil's academic and career plan under s. 115.28 (59) (a), if any.

AB40,1823 Section 1823. 118.52 (8) of the statutes is amended to read:

AB40,834,12 118.52 (8) Appeal of rejection. If an application is rejected under sub. (5) (3) (c) or a pupil is prohibited from attending a course in a public school in a nonresident school district at an educational institution under sub. (6), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.

AB40,1824 Section 1824. 118.52 (9) of the statutes is amended to read:

AB40,834,18 118.52 (9) Rights and privileges of nonresident pupils. A pupil attending a course in a public school in a nonresident school district at an educational institution under this section has all of the rights and privileges of other pupils residing in that school district attending the educational institution and is subject to the same rules and regulations as those pupils residing in that school district.

AB40,1825 Section 1825. 118.52 (10) of the statutes is amended to read:

AB40,835,2 118.52 (10) Disciplinary records. Notwithstanding s. 118.125, the resident school board shall provide to the nonresident school board educational institution to which a pupil has applied under this section, upon request by that school board educational institution, a copy of any expulsion findings and orders, 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.

AB40,1826 Section 1826. 118.52 (11) (a) and (b) of the statutes are amended to read:

AB40,835,7 118.52 (11) (a) Responsibility. The parent of a pupil attending a course in a public school in a nonresident school district at an educational institution under this section is responsible for transporting the pupil to and from the course that the pupil is attending.

AB40,835,17 (b) Low-income assistance. The parent of a pupil who is attending a course in a public school in a nonresident school district at an educational institution under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the school at which educational institution that the pupil is attending for the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The department shall give preference under this paragraph to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).

AB40,1827 Section 1827. 118.52 (12) of the statutes is amended to read:

AB40,836,2 118.52 (12) Tuition. The resident school board shall pay to the nonresident school board educational institution, for each resident pupil attending a course in a public school in the nonresident school district at the educational institution under this section, an amount equal to the cost of providing the course to the pupil, calculated in a manner determined by the department. The educational institution may not charge to or receive from the pupil or the pupil's resident school board any additional payment for a pupil attending a course at the educational institution under this section.

AB40,1828 Section 1828. 118.53 of the statutes is created to read:

AB40,836,6 118.53 Attendance by pupils enrolled in a home-based private educational program. (1) In this section, "course" means study which has the fundamental purposes of developing the knowledge, concepts, and skills in a subject.

AB40,836,9 (2) In addition to the standards for admission under ss. 118.14, 118.145 (1), and 120.12 (25), the school board of a district shall determine the minimum standards for admission to a course offered by the school district at each grade.

AB40,836,14 (3) A school board shall allow a pupil enrolled in a home-based private educational program, who has met the standards for admission to the course under sub. (2), to attend up to 2 courses at a public school in the district during each school semester if the school board determines that there is sufficient space in the classroom.

AB40,836,17 (4) A pupil enrolled in a home-based private educational program and attending a public school under this section may attend one course in each of 2 school districts, but may not attend more than 2 courses in any semester.

AB40,1829 Section 1829. 118.60 (title) of the statutes is amended to read:

AB40,836,20 118.60 (title) Parental choice programs program for eligible school districts.

AB40,1830 Section 1830. 118.60 (1) (am) (intro.) of the statutes is amended to read:

AB40,836,23 118.60 (1) (am) (intro.) "Eligible school district" means a school district that, subject to sub. (1m), satisfies all any of the following:

AB40,1831 Section 1831. 118.60 (1) (am) 1. of the statutes is renumbered 118.60 (1) (am) 1g. a.

AB40,1832 Section 1832. 118.60 (1) (am) 1g. (intro.) of the statutes is created to read:

AB40,837,3 118.60 (1) (am) 1g. (intro.) Subject to sub. (1m) (a), the school district satisfies all of the following:

AB40,1833 Section 1833. 118.60 (1) (am) 1r. of the statutes is created to read:

AB40,837,5 118.60 (1) (am) 1r. The school district satisfies all of the following:

AB40,837,8 a. The number of pupils enrolled in the school district equals or exceeds 4,000. In this subd. 1r. a., the number of pupils means the number of pupils as counted under s. 121.004 (7).

AB40,837,12 b. Subject to sub. (1m) (b) 2., 2 or more public schools in the school district were placed in the same school year in a performance category of either "fails to meet expectations" or "meets few expectations," or the equivalent lowest performance categories, on an accountability report issued by the department under s. 115.385 (1).

AB40,1834 Section 1834. 118.60 (1) (am) 2. of the statutes is renumbered 118.60 (1) (am) 1g. b.

AB40,1835 Section 1835. 118.60 (1) (am) 3. of the statutes is renumbered 118.60 (1) (am) 1g. c.

AB40,1836 Section 1836. 118.60 (1) (am) 4. of the statutes is renumbered 118.60 (1) (am) 1g. d.

AB40,1837 Section 1837. 118.60 (1m) of the statutes is renumbered 118.60 (1m) (a) and amended to read:

AB40,838,3 118.60 (1m) (a) By For an eligible school district under sub. (1) (am) 1g., by November 15 of the 2nd fiscal year of each fiscal biennium, the department shall prepare a list that identifies eligible school districts. The department shall post the list on the department's Internet site and shall notify in writing the school district clerk of each eligible school district. A school district that has qualified as an eligible school district under this section sub. (1) (am) 1g. on April 20, 2012, shall remain an eligible school district, but no school district may qualify as an eligible school district under sub. (1) (am) 1g. after April 20, 2012.

AB40,1838 Section 1838. 118.60 (1m) (b) of the statutes is created to read:

AB40,838,12 118.60 (1m) (b) 1. Subject to subd. 2., for an eligible school district under sub. (1) (am) 1r., within 10 days after the department publishes, for at least 2 schools in a school district, accountability reports under s. 115.385 (1) that place the schools in a performance category of "fails to meet expectations" or "meets few expectations," or the equivalent lowest performance categories, the department shall publish a notice on the department's Internet site that identifies that school district as an eligible school district for the immediately following school year, and shall notify in writing the school district clerk of the eligible school district.

AB40,838,25 2. A school district identified as an eligible school district under subd. 1. ceases to be an eligible school district if, at the time at which any subsequent accountability reports are published by the department under s. 115.385 (1), no school or only one school in the school district is placed in a performance category of "fails to meet expectations" or "meets few expectations," or the equivalent lowest performance categories, and the school district did not qualify as an eligible school district, as required under sub. (2) (bg), in the last school year in which the school district satisfied the requirements under subd. 1. The department shall, within 10 days after the department publishes the subsequent accountability reports, remove from the list of eligible school districts on the department's Internet site any such school district, and shall notify the school district clerk in writing of the change in eligibility status. This subdivision does not preclude a school district from becoming an eligible school district under sub. (1) (am) 1r. in a subsequent school year.

AB40,1839 Section 1839. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB40,839,4 118.60 (2) (a) (intro.) Subject to par. (b) pars. (bg) and (br), any pupil in grades kindergarten to 12 who resides within an eligible school district may attend any private school if all of the following apply:

AB40,1840 Section 1840. 118.60 (2) (a) 3. a. of the statutes is amended to read:

AB40,839,12 118.60 (2) (a) 3. a. Except as provided in subd. 3. b. and c., the private school notified the state superintendent of its intent to participate in the program under this section or in the program under s. 119.23, and paid the nonrefundable fee, set by the department as required under s. 119.23 (2) (a) 3., by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section and in the program under s. 119.23 for which the school has space.

AB40,1841 Section 1841. 118.60 (2) (a) 3. c. of the statutes is created to read:

AB40,839,23 118.60 (2) (a) 3. c. For a participating private school, or a private school that is a first-time participant in the program under this section, that intends to participate in the program under this section and to accept pupils who reside within a school district in the first school year in which that school district is identified as an eligible school district under sub. (1m) (b) 1., the private school notified the state superintendent of its intent to participate in the program under this section, and paid the nonrefundable fee set by the department as required under s. 119.23 (2) (a) 3., by August 1 of the school year in which the private school intends to participate. The notice shall specify the number of pupils participating in the program under this section for which the school has space.

AB40,1842 Section 1842. 118.60 (2) (a) 6. c. of the statutes is amended to read:

AB40,840,19 118.60 (2) (a) 6. c. Any teacher employed by the private school on July 1 of the first school year that begins after a school district is identified as an eligible school district under sub. (1m) (b) 1. and qualifies as an eligible school district under par. (bg), or is identified as an eligible school district under 2011 Wisconsin Act 32, section 9137 (3u), who has been teaching for at least the 5 consecutive years immediately preceding that July 1, and who does not satisfy the requirements under subd. 6. a. on that July 1, applies to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 6. a. The department shall promulgate rules to implement this subd. 6. c., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under subd. 6. a., including the name of the accredited institution of higher education at which the teacher is pursuing or will pursue the bachelor's degree and the anticipated date on which the teacher expects to complete the bachelor's degree. No waiver granted under this subd. 6. c. is valid after July 31 of the 5th school year that begins after a school district is both identified as an eligible school district under sub. (1m) (b) 1. and qualifies as an eligible school district under par. (bg) or is identified as an eligible school district under 2011 Wisconsin Act 32, section 9137 (3u).

AB40,1843 Section 1843. 118.60 (2) (a) 7. of the statutes is amended to read:

AB40,842,5 118.60 (2) (a) 7. For a private school that is a first-time participant in the program under this section or in the program under s. 119.23, and that is not accredited by Wisconsin North Central Association, Wisconsin Religious and Independent School Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, the diocese or archdiocese within which the private school is located, or by any other organization recognized by the National Council for Private Schools Accreditation, the private school obtains preaccreditation by the Institute for the Transformation of Learning at Marquette University, Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, or the diocese or archdiocese within which the private school is located by September August 1 before the first school term of participation in the program under this section or in the program under s. 119.23 that begins after August 31, 2011, by July 1, 2013; August 1 15 before the first school term of participation in the program under this section that begins in the first school year that begins after a school district is identified as an eligible school district under sub. (1m) (b); or by May 1 if the private school begins participation in the program under this section or in the program under s. 119.23 during summer school. In any school year, a private school may apply for and seek to obtain preaccreditation from only one of the entities enumerated in this subdivision. A private school that fails to obtain accreditation preaccreditation in a school year may apply for and seek to obtain preaccreditation from one of the entities enumerated in this subdivision in the following school year. The private school shall achieve accreditation by Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, the diocese or archdiocese within which the private school is located, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year in which the private school begins participation in the program under this section. If the private school is accredited under this subdivision, the private school is not required to obtain preaccreditation as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

AB40,1844 Section 1844. 118.60 (2) (b) of the statutes is repealed.

AB40,1845 Section 1845. 118.60 (2) (bg) of the statutes is created to read:

AB40,842,20 118.60 (2) (bg) 1. No pupil who resides in a school district identified as an eligible school district under sub. (1m) (b) 1. may attend a private school under this section until that school district qualifies as an eligible school district under this paragraph. A school district qualifies as an eligible school district under this paragraph if no later than August 15 immediately following the date on which the department identified the school district as an eligible school district under sub. (1m) (b) 1., at least 20 pupils who reside in the school district apply to attend a private school under this section and simultaneously notify the department that they have applied to attend a private school under this section. Pupils applying to attend a private school that is a first-time participant in the program under this section and that has not obtained preaccreditation as required under par. (a) 7. may not be counted towards the 20 pupils required for an eligible school district to qualify as an eligible school district under this section.