SB725: Bill Text

SB725,4,19 (h) “Participating school” means a public school, including a charter school authorized under s. 118.40 (2r) or (2x), a private school participating in a program under s. 115.7915, 118.60, or 119.23, an institution of higher education, and any nonprofit organization that has been approved by the department.

SB725,4,21 (2) Eligibility requirements. A pupil is eligible for a scholarship under this section if all of the following apply:

SB725,4,24 (a) The pupil is enrolled in a public school, including a charter school authorized under s. 118.40 (2r) or (2x), or is attending a private school under s. 115.7915, 118.60, or 119.23.

SB725,5,3 (b) A school board, operator of a charter school authorized under s. 118.40 (2r) or (2x), or governing body of a private school participating in a program under s. 115.7915, 118.60, or 119.23 identifies the pupil as a gifted and talented pupil.

SB725,5,5 (c) The pupil satisfies the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

SB725,5,11 (3) Scholarship. (a) Subject to par. (b) and sub. (4), beginning in the 2018-19 school year and in each school year thereafter, the department shall award a $1,000 scholarship to an eligible pupil who applies for a scholarship under this section if the pupil's parent or guardian enters into an agreement with the department under sub. (5). The department shall credit the scholarship to the pupil's education savings account no later than the first day of the school term.

SB725,5,13 (b) The department may not award more than 2,000 scholarships under this section in any school year.

SB725,5,18 (4) Application process. (a) To apply for a scholarship under this section, the parent or guardian of an eligible pupil shall submit an application, on a form provided by the department, to the department between the first Monday in February and the last weekday in April of the school year immediately preceding the school year for which the eligible pupil wishes to receive a scholarship.

SB725,5,22 (b) If the department receives applications from more than 2,000 eligible pupils in any school year, the department shall, by June 1, determine which applications to accept on a random basis, except that the department shall give preference to the following in accepting applications, in the order of preference listed:

SB725,5,23 1. Pupils who received a scholarship in the previous school year.

SB725,5,24 2. Pupils who were on the waiting list in the previous school year.

SB725,6,2 (c) The department shall establish a waiting list of eligible pupils whose applications are not accepted under par. (b).

SB725,6,5 (5) Agreement. Before the department may award a scholarship to an eligible pupil whose application is accepted under sub. (4), the pupil's parent or guardian shall enter into an agreement with the department that includes all of the following:

SB725,6,7 (a) The parent or guardian agrees to comply with the compulsory attendance requirements under s. 118.15.

SB725,6,9 (b) The parent or guardian agrees to use the scholarship for only the following expenses incurred to educate the eligible pupil at an eligible educational provider:

SB725,6,10 1. Tuition and fees.

SB725,6,11 2. Textbooks required by an eligible educational provider.

SB725,6,12 3. Payment to a licensed or accredited tutor.

SB725,6,13 4. Payment to purchase a curriculum.

SB725,6,14 5. Tuition or fees for a private online learning program.

SB725,6,15 6. Fees for Advanced Placement examinations or similar courses.

SB725,6,16 7. Private music or art lessons.

SB725,6,17 8. Any other expenses approved by the department.

SB725,6,20 (c) The parent or guardian agrees not to accept a payment, refund, or rebate from a person who provides a service or product that the parent or guardian pays for, in full or in part, with the scholarship.

SB725,7,2 (6) Education savings accounts. (a) For each pupil awarded a scholarship under sub. (3), the department shall establish and maintain an individual account. Scholarship funds credited to a pupil's account remain in the account until disbursed for an eligible expense or until the pupil's account is closed under par. (c). A scholarship credited to an account under this section is not taxable income to the pupil or the pupil's parent or guardian.

SB725,7,6 (b) The department shall develop by rule a system to promptly disburse money from a pupil's account to pay for eligible expenses. The payment system may include direct payments to eligible educational providers and reimbursements to a pupil's parent or guardian for eligible expenses.

SB725,7,7 (c) The department shall close a pupil's account if any of the following occurs:

SB725,7,8 1. The pupil graduates high school.

SB725,7,9 2. The pupil reaches age 21.

SB725,7,10 3. The pupil no longer meets the eligibility requirements under sub. (2).

SB725,7,12 4. The pupil is suspended or barred from participating in the program under sub. (7).

SB725,7,14 (d) The department shall deposit in the general fund any money remaining in a pupil's account when the account is closed.

SB725,7,18 (7) Disqualification. The department may suspend or bar a pupil, a pupil's parent or guardian, or an eligible educational provider from the program under this section based on fraud, misrepresentation, or failure to comply with the requirements under this section.

SB725,7,20 (8) Rules. The department shall promulgate rules to implement this section, including rules related to all of the following:

SB725,7,22 (a) An approval process for eligible educational providers that includes an appeals process for a provider that is not approved by the department.

SB725,8,2 (b) An appeals process for a pupil's parent or guardian if a school board, operator of a charter school authorized under s. 118.40 (2r) or (2x), or a governing body of a private school participating in a program under s. 118.60 or 119.23 does not identify the pupil as a gifted and talented pupil.

SB725,8,5 (c) A process to appeal a determination by the department under sub. (7) to suspend or bar a pupil, a pupil' s parent or guardian, or an eligible educational provider from the program.

SB725,8,7 (d) Prompt payments to eligible educational providers and prompt reimbursements to parents or guardians for eligible expenses.

SB725,8,11 (9) (a) Subject to par. (b), the department may contract with a private, nonprofit entity to administer the education savings account program under this section, including making payments to eligible educational providers and reimbursements to parents or guardians for eligible expenses.

SB725,8,21 (b) If the department intends to execute a contract under par. (a), the department shall notify the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the department that the committee has scheduled a meeting for the purpose of approving the execution of the contract within 14 working days after the date of the department's notification, the department may execute the contract. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of approving the execution of the contract, the department may not execute the contract without the approval of the committee.

SB725,5 Section 5. Nonstatutory provisions.

SB725,9,2 (1) Contract for 2018-19 school year; deadline. If the department of public instruction intends to execute a contract under section 115.49 (9) of the statutes for the 2018-19 school year, the department shall notify the joint committee on finance under section 115.49 (9) (b) of the statutes by April 16, 2018.

SB725,9,13 (2) Applications for 2018-19 school year. Notwithstanding section 115.49 (4) of the statutes, to apply for a scholarship for the 2018-19 school year under section 115.49 of the statutes, a parent or guardian of an eligible pupil shall submit an application, on a form provided by the department of public instruction or an entity administering the program under section 115.49 (9) of the statutes, to the department of public instruction or administering entity between May 14, 2018, and June 28, 2018. If the department of public instruction or administering entity receives applications from more than 2,000 eligible pupils, the department or administering entity shall, by August 1, 2018, determine which applications to accept in accordance with section 115.49 (4) (b) of the statutes and create a waiting list of eligible pupils whose applications are not accepted under this subsection.

SB725,9,14 (3) Education savings account for gifted and talented pupils; audit.

SB725,9,15 (a) In this subsection:

SB725,9,16 1. “Program” means the program under section 115.49 of the statutes.

SB725,9,17 2. “Scholarship” means a scholarship under the program.

SB725,9,20 (b) Upon the completion of the 2018-19 school year, the legislative audit bureau shall conduct a performance evaluation audit of the program that includes all of the following:

SB725,9,23 1. The number of pupils who qualified as a gifted and talented pupil under section 115.49 (1) (e) 1. of the statutes and the number of pupils who qualified as a gifted and talented pupil under section 115.49 (1) (e) 2. of the statutes.

SB725,9,25 2. The subject area in which each pupil who received a scholarship was identified as gifted and talented.

SB725,10,3 3. The number of pupils who received a scholarship who were enrolled in a public school and the number of pupils who received a scholarship who were enrolled in a private school.

SB725,10,7 4. The school district, charter school authorized under section 118.40 (2r) or (2x) of the statutes, or private school participating in a program under section 118.60 or 119.23 of the statutes in which each pupil who received a scholarship was enrolled during the 2018-19 school year.

SB725,10,9 5. The grade in which each pupil who received a scholarship was enrolled during the 2018-19 school year.

SB725,10,11 6. The eligible expenses on which scholarships were used during the school year.

SB725,10,13 7. The total amount disbursed for eligible expenses under the program during the school year.

SB725,10,14 8. The disbursement method that was used most frequently.

SB725,10,15 9. Parental satisfaction with the program.

SB725,10,16 10. Pupil satisfaction with the program.

SB725,10,18 11. How many pupils and eligible educational providers were suspended or barred from the program.

SB725,10,21 12. If a 3rd party administers any part of the program under a contract approved under section 115.49 (9) of the statutes, how effective the 3rd party was in administering the program and at what financial cost to the department.

SB725,10,22 13. Recommendations for improving the program.

SB725,10,24 (c) The legislative audit bureau shall file its report as described under section 13.94 (1) (b) of the statutes by January 31, 2020.

SB725,11,13 (4) Emergency rule making. The department of public instruction may promulgate emergency rules under section 227.24 of the statutes to implement section 115.49 of the statutes. Notwithstanding section 227.24 (1) (e) 1d. of the statutes, the department of public instruction is not required to prepare a statement of the scope of the rules required under section 115.49 of the statutes if emergency rules are promulgated under this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2019, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB725,11,14 (End)