AB40: Bill Text

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.

AB40,842,25 2. The department shall, no later than 5 days after receiving notice from private schools regarding acceptance of pupils as required under sub. (3) (a), determine whether any school district identified as an eligible school district under sub. (1m) (b) 1. qualifies as an eligible school district under this paragraph, and shall publish on the department's Internet site a list of any such qualifying eligible school districts.

AB40,843,2 3. A school district that qualifies as an eligible school district under this paragraph shall remain qualified under this paragraph.

AB40,1846 Section 1846. 118.60 (2) (br) of the statutes is created to read:

AB40,843,11 118.60 (2) (br) 1. In the 2013-14 school year, no more than a total of 500 pupils residing in school districts identified as eligible school districts under sub. (1m) (b) 1. and qualifying as eligible school districts under par. (bg) may attend private schools under this section. In this paragraph, the number of pupils means the number of pupils as counted under s. 121.004 (7). Participating private schools shall give priority to pupils who were eligible for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b) in the immediately preceding school year.

AB40,843,16 2. In the 2014-15 school year, no more than a total of 1,000 pupils residing in school districts identified as eligible school districts under sub. (1m) (b) 1. and qualifying as eligible school districts under par. (bg) may attend private schools under this section. Participating private schools shall give priority to pupils who attended a private school under subd. 1.

AB40,844,3 3. Whenever the state superintendent determines that the limit is reached under subd. 1. or 2., he or she shall issue an order prohibiting the participating private schools from accepting additional pupils from school districts identified as eligible school districts under sub. (1m) (b) 1. and qualifying as eligible school districts under par. (bg) until he or she determines that the number of pupils attending private schools under this section from those school districts has fallen below the limit. If the number of pupils attending private schools under this section falls below the limit under this paragraph, the state superintendent shall issue an order notifying participating private schools that they may begin accepting additional pupils from those school districts, and, notwithstanding sub. (3) (a), participating private schools that wish to accept additional pupils under this section shall accept pupils as follows:

AB40,844,7 a. The private school shall give first priority to pupils in a school district identified as an eligible school district under sub. (1m) (b) 1. and qualifying as an eligible school district under sub. (2) (bg) who are attending a private school under this section.

AB40,844,9 b. The private school shall give 2nd priority to the siblings of pupils who are attending a private school under this section from that school district.

AB40,844,11 c. The private school shall give 3rd priority to pupils selected at random under a procedure established by the department by rule.

AB40,1847 Section 1847. 118.60 (3) (a) of the statutes is renumbered 118.60 (3) (a) (intro.) and amended to read:

AB40,845,6 118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. Within 60 days after receiving the application, the private school shall notify each applicant, in writing, whether his or her application has been accepted, except that in the first school year in which a school district is identified as an eligible school district under sub. (1m) (b) 1., a private school that has notified the department of its intent to participate in the program under this section as required under sub. (2) (a) 3. c. shall notify each applicant, in writing, whether his or her application has been accepted within 7 days after receiving the application, and shall simultaneously notify the department whether the pupil has been accepted. If the private school rejects an application, the notice shall include the reason. A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis. any of the following:

AB40,1848 Section 1848. 118.60 (3) (a) 1. to 3. of the statutes are created to read:

AB40,845,9 118.60 (3) (a) 1. Pupils who attended the private school during the school year prior to the school year for which the application is being made.

AB40,845,13 2. Siblings of pupils who attended the private school during the school year prior to the school year for which the application is being made and to siblings of pupils who have been accepted to the private school for the school year for which the application is being made.

AB40,845,16 3. Pupils who attended another private school under this section or s. 119.23 during the school year prior to the school year for which the application is being made.

AB40,1849 Section 1849. 118.60 (4) (b) of the statutes is repealed.

AB40,1850 Section 1850. 118.60 (4) (bg) of the statutes is renumbered 118.60 (4) (bg) 1. and amended to read:

AB40,846,2 118.60 (4) (bg) 1. In the 2011-12 and 2012-13 2013-14 school years year, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or $6,442, whichever is less.

AB40,1851 Section 1851. 118.60 (4) (bg) 2. of the statutes is created to read:

AB40,846,12 118.60 (4) (bg) 2. In the 2014-15 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), the lesser of an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or an amount either of $7,050, if the pupil is enrolled in a grade from kindergarten to 8, or of $7,856, if the pupil is enrolled in a grade from 9 to 12.

AB40,1852 Section 1852. 118.60 (4) (d) (intro.) of the statutes is amended to read:

AB40,846,16 118.60 (4) (d) (intro.) In determining a private school's operating and debt service cost per pupil under par. (b) 1. (bg) and sub. (4m) (a), the department shall do all of the following:

AB40,1853 Section 1853. 118.60 (4r) (a) of the statutes is amended to read:

AB40,846,19 118.60 (4r) (a) Multiply the amount determined under sub. (4) (b) or (bg) by 0.616.

AB40,1854 Section 1854. 118.60 (4s) of the statutes is created to read:

AB40,846,24 118.60 (4s) Notwithstanding subs. (4), (4m), and (4r), a pupil attending a private school participating in the program under this section who is receiving a scholarship under s. 115.7915 shall not be counted as a pupil attending the private school under this section under sub. (4), (4m), or (4r).

AB40,1855 Section 1855. 118.60 (5) of the statutes is amended to read:

AB40,847,4 118.60 (5) The state superintendent shall ensure that pupils and parents and guardians of pupils who reside in an eligible school district are informed annually of the private schools participating in the program under this section and in the program under s. 119.23.

AB40,1856 Section 1856. 118.60 (7) (am) 1. of the statutes is amended to read:

AB40,847,16 118.60 (7) (am) 1. An independent financial audit of the private school conducted by an independent certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents pupil costs under sub. (4) (b) 1 (bg). The audit under this subdivision shall be limited in scope to those records that are necessary for the department to make payments under subs. (4) and (4m). The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants.

AB40,1857 Section 1857. 118.60 (10) (a) 3. of the statutes is amended to read:

AB40,847,20 118.60 (10) (a) 3. Failed to refund to the state any overpayment made under s. 118.60 (4) (b), 2011 stats., or s. 118.60 (4) (bg), 2011 stats., or under sub. (4) (b) or (bg) or (4m) by the date specified by department rule.

AB40,1858 Section 1858. 119.04 (1) of the statutes is amended to read:

AB40,848,6 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.53, 118.55, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

AB40,1859 Section 1859. 119.23 (2) (a) 3. of the statutes is amended to read:

AB40,848,17 119.23 (2) (a) 3. Except as provided in subd. 3m. b., the private school notified the state superintendent of its intent to participate in the program under this section or in the program under s. 118.60, and paid a the nonrefundable annual fee set by the department, 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. 118.60 for which the school has space. The department shall by rule set the fee charged under this subdivision at an amount such that the total fee revenue covers the costs of employing one full-time auditor to evaluate the financial information submitted by private schools under sub. (7) (am) and (d) 2. and 3. and under s. 118.60 (7) (am) and (d) 2. and 3.

AB40,1860 Section 1860. 119.23 (2) (a) 7. b. of the statutes is amended to read:

AB40,849,23 119.23 (2) (a) 7. b. Subject to subd. 7. c. and d., for a private school that is a first-time participant in the program under this section or in the program under s. 118.60 on or after July 1, 2009, and that is not accredited as provided under subd. 7. a., 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 August 1 before the first school term of participation in the program under this section that begins after July 1, 2009, July 1, 2013; by August 15 before the first school term of participation in the program under s. 118.60 that begins in the first school year that begins after a school district is identified as an eligible school district under s. 118.60 (1m) (b); or by May 1 if the private school begins participating in the program under this section or in the program under s. 118.60 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 subd. 7. b. A private school that fails to obtain accreditation in a school year may apply for and seek to obtain preaccreditation from one of the entities enumerated in this subd. 7. b. 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 that begins after July 1, 2009, in which it participates in the program under this section or in the program under s. 118.60. If the private school is accredited under this subd. 7. b., 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.

AB40,1861 Section 1861. 119.23 (2) (a) 7. c. of the statutes is amended to read:

AB40,850,9 119.23 (2) (a) 7. c. On or after July 1, 2009, a private school participating or seeking to participate in the program under this section or in the program under s. 118.60 may not apply for accreditation by the Institute for the Transformation of Learning at Marquette University, except that a private school that has applied for accreditation to the Institute for the Transformation of Learning at Marquette University before July 1, 2009, may complete the accreditation process with the Institute for the Transformation of Learning at Marquette University, and may seek renewal of accreditation from the Institute for the Transformation of Learning at Marquette University.

AB40,1862 Section 1862 . 119.23 (3) (a) of the statutes is renumbered 119.23 (3) (a) (intro.) and amended to read:

AB40,850,23 119.23 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. Within 60 days after receiving the application, the private school shall notify each applicant, in writing, whether his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis. to any of the following: