2015 - 2016 LEGISLATURE
January 20, 2016 - Introduced by Representatives Jagler, E. Brooks, Gannon,
Horlacher, Katsma, Knudson, Knodl, Kremer, Murphy, Petersen, Quinn,
Rodriguez, Sanfelippo and Spiros, cosponsored by Senators Vukmir and
Kapenga. Referred to Committee on Education.
AB751,1,8 1An Act to repeal 115.7915 (1) (a) and 115.7915 (5) (c); to renumber and amend
2115.7915 (4m) (e) 1.; to amend 115.7915 (2) (intro.), 115.7915 (2) (b), 115.7915
3(2) (c), 115.7915 (2) (d), 115.7915 (2) (e), 115.7915 (2) (f), 115.7915 (2) (g),
4115.7915 (3) (a), 115.7915 (3) (b), 115.7915 (4) (b), 115.7915 (4m) (e) 2., 115.7915
5(6) (a) and 115.7915 (6) (h) 2.; to create 115.7915 (2) (h), 115.7915 (4m) (e) 1.
6a. and 115.7915 (8) (c) of the statutes; and to affect 2015 Wisconsin Act 55,
7section 9134 (6q) (intro.) and 2015 Wisconsin Act 55, section 9134 (6q) (c);
8relating to: special needs scholarship program.
Analysis by the Legislative Reference Bureau
This bill makes several changes to the Special Needs Scholarship Program,
created in the 2015-17 Biennial Budget Act. Under the program, beginning in the
2016-17 school year, children with disabilities who are enrolled in a public school in
this state may apply to the Department of Public Instruction to annually receive
financial assistance from the state to attend a participating private school in this
state.
Among other changes, this bill requires a child with a disability who wishes to
participate in the program to have an Individualized Education Program or services
plan in effect prior to being eligible to participate. Current law requires only that

the IEP or services plan to be completed for the child. The bill also permits a child
with a disability to apply for a scholarship and to attend a private school under the
program at any time during a school year. In addition, the bill requires the parent
or guardian of a child attending a private school under the program to make the child
available no more than once every three years for a reevaluation of the child's IEP
and services plan. Finally, the bill requires a participating private school that
receives more applications under the program than the number of spaces available
at the school to accept applications in the order in which they are received; current
law requires the private school to select applicants on a random basis.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB751,1 1Section 1. 115.7915 (1) (a) of the statutes, as created by 2015 Wisconsin Act
255
, is repealed.
AB751,2 3Section 2. 115.7915 (2) (intro.) of the statutes, as created by 2015 Wisconsin
4Act 55
, is amended to read:
AB751,2,75 115.7915 (2) Scholarship requirements. (intro.) Beginning in the 2016-17
6school year, the department shall provide to a child with a disability a scholarship
7under sub. (4m) (a) to attend an eligible a private school if all of the following apply:
AB751,3 8Section 3. 115.7915 (2) (b) of the statutes, as created by 2015 Wisconsin Act
955
, is amended to read:
AB751,2,1110 115.7915 (2) (b) The governing body of the eligible private school notified the
11department of its intent to participate in the program under this section.
AB751,4 12Section 4. 115.7915 (2) (c) of the statutes, as created by 2015 Wisconsin Act
1355
, is amended to read:
AB751,3,614 115.7915 (2) (c) The eligible school has been approved as a private school by the
15state superintendent under s. 118.165 (2) or is accredited by the Wisconsin North
16Central Association, Wisconsin Religious and Independent Schools Accreditation,

1the Independent Schools Association of the Central States, Wisconsin Evangelical
2Lutheran Synod School Accreditation, Wisconsin Association of Christian Schools,
3National Lutheran School Accreditation, the diocese or archdiocese within which the
4private school is located, or any other organization recognized by the National
5Council for Private School Accreditation, as of the August 1 preceding the school term
6for which the scholarship is awarded.
AB751,5 7Section 5. 115.7915 (2) (d) of the statutes, as created by 2015 Wisconsin Act
855
, is amended to read:
AB751,3,109 115.7915 (2) (d) An individualized education program or services plan has been
10completed
is in effect for the child.
AB751,6 11Section 6. 115.7915 (2) (e) of the statutes, as created by 2015 Wisconsin Act
1255
, is amended to read:
AB751,3,1513 115.7915 (2) (e) The child attended was enrolled in a public school in this state
14for the entire school year immediately preceding the school year for which the child
15first receives a scholarship under this section.
AB751,7 16Section 7. 115.7915 (2) (f) of the statutes, as created by 2015 Wisconsin Act 55,
17is amended to read:
AB751,4,218 115.7915 (2) (f) The child, or the child's parent or guardian on behalf of the
19child, or, for a child with a disability who has reached the age of 18 and has not been
20adjudicated incompetent, the child,
submitted an application for a scholarship under
21this section, on a form prepared by the department that includes the document
22developed by the department under sub. (4) (a) to the eligible school that the child
23will attend. A child, or child's parent, or guardian or a child with a disability who has
24reached the age of 18
may apply for a scholarship at any time during a school year

1and, subject to sub. (3) (b), a child may begin attending an eligible a private school
2under this section at any time during the school year.
AB751,8 3Section 8. 115.7915 (2) (g) of the statutes, as created by 2015 Wisconsin Act
455
, is amended to read:
AB751,4,65 115.7915 (2) (g) The eligible private school has accepted the child's application
6to attend the eligible private school under a scholarship awarded under this section.
AB751,9 7Section 9. 115.7915 (2) (h) of the statutes is created to read:
AB751,4,198 115.7915 (2) (h) The child's parent or guardian consents to make the child
9available for a reevaluation, by the individualized education program team
10appointed for the child by the resident school district, within 60 days following a
11request for a reevaluation under this paragraph. Upon the request of the school
12board of the child's resident school district, the individualized education program
13team shall conduct the reevaluation required under this paragraph in the manner
14described under s. 115.782 (4) (a) 2. no more frequently than once every 3 years,
15determined from the date of the most recent evaluation or reevaluation conducted
16for the child under s. 115.782 or, for a child whose most recent evaluation or
17reevaluation was conducted more than 3 years before the child began attending a
18private school under this section, the date the child began attending a private school
19under this section.
AB751,10 20Section 10. 115.7915 (3) (a) of the statutes, as created by 2015 Wisconsin Act
2155
, is amended to read:
AB751,5,222 115.7915 (3) (a) The governing body of an eligible a private school that intends
23to participate in the program under this section shall notify the department of its
24intent. The governing body of the eligible private school shall include in the notice

1under this paragraph the number of spaces the eligible private school has available
2for children receiving a scholarship under this section.
AB751,11 3Section 11. 115.7915 (3) (b) of the statutes, as created by 2015 Wisconsin Act
455
, is amended to read:
AB751,5,105 115.7915 (3) (b) If a private school participating in the program under this
6section receives more applications for scholarships under sub. (2) (f) than the number
7of children specified in the notice under par. (a), it shall select children on a random
8basis accept applicants in the order in which applications are received, except that
9it the private school may give preference to siblings of pupils who are already
10attending the private school.
AB751,12 11Section 12. 115.7915 (4) (b) of the statutes, as created by 2015 Wisconsin Act
1255
, is amended to read:
AB751,5,2113 115.7915 (4) (b) Upon being notified receipt of notice under sub. (3) (c), the
14department shall request verification from the child's resident school board that the
15child has an individualized education program or services plan in place for the child
16and
notify the child's resident school board that, pending verification that the
17requirements of sub. (2) have been satisfied,
the child has been will be awarded a
18scholarship under this section. The child's resident school board shall, within 3 days
19of receiving the notice, a request under this paragraph, provide verification to the
20department and provide the governing body of the private school that accepted the
21child with a copy of the child's individualized education program.
AB751,13 22Section 13. 115.7915 (4m) (e) 1. of the statutes, as created by 2015 Wisconsin
23Act 55
, is renumbered 115.7915 (4m) (e) 1. (intro.) and amended to read:
AB751,6,224 115.7915 (4m) (e) 1. (intro.) If an individualized education program team, upon
25reevaluation of a child as required under sub. (5) (c), unanimously (2) (h), determines

1that a child receiving a scholarship under par. (a) is no longer a child with a disability,
2the all of the following apply:
AB751,6,4 3b. The child is not eligible to receive a scholarship under par. (a) beginning in
4the school term following the determination.
AB751,14 5Section 14. 115.7915 (4m) (e) 1. a. of the statutes is created to read:
AB751,6,86 115.7915 (4m) (e) 1. a. The child's resident school district shall notify the parent
7or guardian of the child of the procedural safeguards in place for the child under 20
8USC 1415
.
AB751,15 9Section 15. 115.7915 (4m) (e) 2. of the statutes, as created by 2015 Wisconsin
10Act 55
, is amended to read:
AB751,6,2011 115.7915 (4m) (e) 2. If a child who has been determined to be ineligible under
12subd. 1. continues to attend the private school he or she attended under a scholarship
13awarded under par. (a), for each school year the child attends the private school
14beginning with the school year following the determination under subd. 1., the
15department shall pay, from the appropriation under s. 20.255 (2) (az), to the private
16school, on behalf of the child's parent or guardian, an amount equal to the
17appropriate per pupil amount paid to a private school participating in a parental
18choice program under s. 118.60 or 119.23 in that school year. The department shall
19make scholarship payments under this paragraph in accordance with the payment
20schedule specified in s. 119.23 (4) (c).
AB751,16 21Section 16. 115.7915 (5) (c) of the statutes, as created by 2015 Wisconsin Act
2255
, is repealed.
AB751,17 23Section 17. 115.7915 (6) (a) of the statutes, as created by 2015 Wisconsin Act
2455
, is amended to read:
AB751,7,2
1115.7915 (6) (a) Comply with all health and safety laws or codes that apply to
2private public schools.
AB751,18 3Section 18. 115.7915 (6) (h) 2. of the statutes, as created by 2015 Wisconsin
4Act 55
, is amended to read:
AB751,7,115 115.7915 (6) (h) 2. Provide a record of Within 5 days of receiving a request from
6the resident school board of a child with a disability attending the private school
7under this section, provide all records relating to
the implementation of the child's
8individualized education program or services plan by the private school, as required
9under subd. 1., including an evaluation of the child's progress, to the school board of
10the school district in which the child resides in the form and manner prescribed by
11the department
.
AB751,19 12Section 19. 115.7915 (8) (c) of the statutes is created to read:
AB751,7,1513 115.7915 (8) (c) The state superintendent may withhold payment under sub.
14(4m) from a private school participating in the program under this section if the
15private school violates this section.
AB751,20 16Section 20. 2015 Wisconsin Act 55, section 9134 (6q) (intro.) is amended to
17read:
AB751,7,2418[2015 Wisconsin Act 55] Section 9134 (6q) Special Needs Scholarship
19Program.
(intro.) Notwithstanding section 115.7915 (2) of the statutes, as created
20by this act, the department shall award a scholarship to a child to attend an eligible
21a private school in the 2016-17 school year under section 115.7915 of the statutes,
22as created by this act, if the child satisfies the eligibility requirements under section
23115.7915 (2) (b) to (d), (h), and (f) of the statutes, as created by this act, and all of the
24following conditions are met:
AB751,21
1Section 21. 2015 Wisconsin Act 55, section 9134 (6q) (c) is repealed.
AB751,8,22 (End)
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