AB1042,83 12Section 83 . 118.60 (1) (intro.), (ab), (ad), (af), (ag), (bn), (c), (cm), (d) and (g) of
13the statutes are renumbered 118.70 (intro.), (1), (2), (4), (5), (10), (13), (14), (15) and
14(19), and 118.70 (intro.), (2), (4), (5) (intro.) and (c), (10) (a) (intro.) and (b), (13) and
15(14), as renumbered, are amended to read:
AB1042,38,16 16118.70 Definitions. (intro.) In this section subchapter:
AB1042,38,19 17(2) “Administrator" means the superintendent, supervising principal,
18executive director, or other person who acts as the administrative head of a
19participating private school participating in the program under this section.
AB1042,38,22 20(4) “Disqualified accrediting organization" means an accrediting organization
21that is not an accrediting entity or a member of or otherwise sanctioned by an
22accrediting entity.
AB1042,39,2 23(5) (intro.) “Disqualified person" means a person who, when a private school
24was barred or terminated from participation in the choice program under this section

1by an order issued under sub. (10) s. 118.85 or s. 118.60 (10), 2023 stats., or s. 119.23
2(10), 2023 stats.
, satisfied at least one of the following:
AB1042,39,53 (c) Was responsible for an action or circumstance that led to the private school
4being barred or terminated from participation in the choice program under this
5section
.
AB1042,39,8 6(10) (a) (intro.) Except as provided in subd. 2. par. (b), “new private school"
7means a school that qualifies as a private school under s. 115.001 (3r) and that
8satisfies either of the following:
AB1042,39,119 (b) “New private school" does not include a private school the governing body
10of which operates or manages a private school that is participating in the choice
11program under this section or under s. 119.23 if all of the following apply:
AB1042,39,1412 1. No payment has been withheld from any private school operated or managed
13by the governing body under sub. s. 118.85 or s. 118.60 (10) (d) or, 2023 stats., or s.
14119.23 (10) (d), 2023 stats., in the 3 immediately preceding school years.
AB1042,39,1915 2. No order barring any private school operated or managed by the governing
16body from participating in the choice program under this section or s. 119.23 has been
17issued under sub. s. 118.85 or s. 118.60 (10) (a), (am), (ar), or (b) or under , 2023 stats.,
18or
s. 119.23 (10) (a), (am), (ar), or (b), 2023 stats., in the 3 immediately preceding
19school years.
AB1042,39,24 20(13) “Preaccreditation" means the review and approval of an educational plan.
21Review of an education educational plan includes consideration of whether the
22school submitting the plan meets the requirements under s. 118.165 (1). The fact
23that a private school has obtained preaccreditation does not require an accrediting
24entity to accredit the private school.
AB1042,40,7
1(14) “Preaccrediting entity" means the Institute for the Transformation of
2Learning at Marquette University,
Wisconsin North Central Association, Wisconsin
3Religious and Independent Schools Accreditation, Independent Schools Association
4of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation,
5National Lutheran School Accreditation, Wisconsin Association of Christian
6Schools, Christian Schools International, Association of Christian Schools
7International, and the diocese or archdiocese within which a private school is located.
AB1042,84 8Section 84 . 118.60 (2) (a) (intro.) of the statutes is renumbered 118.72 (1)
9(intro.) and amended to read:
AB1042,40,1610 118.72 (1) Eligibility. (intro.) Subject to pars. (ag) and (ar), any Any pupil in
11grades kindergarten to 12 who resides within an eligible school district in this state
12may attend any a participating private school under this section and, subject to pars.
13(ag), (ar), (be), (bm), and (bs), any pupil in grades kindergarten to 12 who resides in
14a school district, other than an eligible school district or a 1st class city school district,
15may attend any private school under this section
the choice program if all of the
16following apply:
AB1042,85 17Section 85 . 118.60 (2) (a) 1. a. of the statutes is renumbered 118.72 (1) (a) and
18amended to read:
AB1042,41,219 118.72 (1) (a) Except as provided in par. (bm) Racine pupils and Milwaukee
20pupils.
For a Racine pupil or a Milwaukee pupil, the pupil is a member of a family
21that has a total family income that does not exceed an amount equal to 3.0 times the
22poverty level determined in accordance with criteria established by the director of
23the federal office of management and budget. In this subdivision and sub. (3m),
24family income includes income of the pupil's parents or legal guardians. Except as
25provided in subd. 1. c. and d., the family income of the pupil shall be verified as

1provided in subd. 1. b. A pupil attending a private school under this section whose
2family income increases may continue to attend a private school under this section.
AB1042,86 3Section 86. 118.60 (2) (a) 1. b., c. and d. of the statutes are repealed.
AB1042,87 4Section 87. 118.60 (2) (a) 2. of the statutes is repealed.
AB1042,88 5Section 88. 118.60 (2) (a) 3. of the statutes, as affected by 2023 Wisconsin Act
6.... (this act), is repealed.
AB1042,89 7Section 89 . 118.60 (2) (a) 3. a. of the statutes is amended to read:
AB1042,41,148 118.60 (2) (a) 3. a. Except as provided in subd. 3. b. and c. and par. (ag) 1., the
9private school notified the state superintendent of its intent to participate in the
10program under this section or in the program under s. 119.23, and paid the
11nonrefundable fee, set by the department as required under s. 119.23 (2) (a) 3., by
12January 10 of the previous school year. The notice shall specify the number of pupils
13participating in the program under this section and in the program under s. 119.23
14for which the school has space.
AB1042,90 15Section 90 . 118.60 (2) (a) 4. of the statutes is renumbered 118.80 (1) and
16amended to read:
AB1042,41,1817 118.80 (1) Nondiscrimination. The Each participating private school complies
18shall comply with 42 USC 2000d.
AB1042,91 19Section 91 . 118.60 (2) (a) 5. of the statutes is renumbered 118.80 (2) and
20amended to read:
AB1042,41,2221 118.80 (2) Health and safety . The Each participating private school meets
22shall comply with all health and safety laws or codes that apply to public schools.
AB1042,92 23Section 92 . 118.60 (2) (a) 6. a. of the statutes is renumbered 118.81 (1) (a) and
24amended to read:
AB1042,42,6
1118.81 (1) (a) Except as provided in subd. 6. c. and d., pars. (b) and (c), a
2participating private school shall ensure that
all of the participating private school's
3teachers have a teaching license issued by the department or a bachelor's degree or
4a degree or educational credential higher than a bachelor's degree, including a
5masters master's or doctorate, from a nationally or regionally accredited institution
6of higher education.
AB1042,93 7Section 93 . 118.60 (2) (a) 6. b. of the statutes is renumbered 118.81 (2) (a) and
8amended to read:
AB1042,42,139 118.81 (2) (a) All Except as provided in par. (b), a participating private school
10shall ensure that all
of the participating private school's administrators have at least
11a bachelor's degree from a nationally or regionally accredited institution of higher
12education or a teaching license or administrator's administrator license issued by the
13department.
AB1042,94 14Section 94 . 118.60 (2) (a) 6. c. and d. of the statutes are repealed.
AB1042,95 15Section 95 . 118.60 (2) (a) 7. a. of the statutes is repealed.
AB1042,96 16Section 96 . 118.60 (2) (a) 7. b. of the statutes is renumbered 118.74 (1) and
17amended to read:
AB1042,43,718 118.74 (1) Preaccreditation. Each private school that begins participation in
19the choice program under this section on or after April 10, 2014, and that is not
20accredited by an accrediting entity, shall obtain preaccreditation by a preaccrediting
21entity by the first weekday in August 1 before the first school term in which the
22private school begins participation in the choice program under this section, or by the
23first weekday in
May 1 if the private school begins participating in the choice
24program during summer school. In any school year, a A private school to which this
25subd. 7. b. applies
may apply for and seek to obtain preaccreditation from only one

1preaccrediting entity each school year. A private school to which this subd. 7. b.
2applies
that fails to obtain preaccreditation as required under this subd. 7. b.
3subsection may not participate in the choice program under this section or under s.
4119.23
until preaccreditation has been obtained, but the private school may apply for
5and seek to obtain preaccreditation from a preaccrediting entity for the following a
6subsequent
school year. The fact that a private school has obtained preaccreditation
7does not require an accrediting entity to accredit the private school.
AB1042,97 8Section 97 . 118.60 (2) (a) 7. c. of the statutes is renumbered 118.74 (2) (intro.)
9and amended to read:
AB1042,43,1310 118.74 (2) Initial accreditation. (intro.) A private school to which subd. 7. b.
11applies
that is not accredited by the first weekday in August before the first school
12term in which the private school begins participating in the choice program
shall
13apply do all of the following:
AB1042,43,17 14(a) Apply for accreditation by an accrediting entity by the last weekday in
15December 31 of the first school year that begins after April 10, 2014, in which the
16private school begins participation in the choice program under this section, and
17shall achieve
.
AB1042,43,23 18(b) Achieve accreditation by an accrediting entity by the first weekday in
19December 31 of the 3rd school year following the first school year in which the private
20school begins participation in the choice program under this section. If the private
21school is accredited under this subd. 7. c., the private school is not required to obtain
22preaccreditation under subd. 7. b. as a prerequisite to providing instruction under
23this section in additional grades or in an additional or new school
.
AB1042,98 24Section 98 . 118.60 (2) (a) 8. of the statutes is renumbered 118.79 (1) and
25amended to read:
AB1042,44,7
1118.79 (1) Hours of instruction. Notwithstanding s. 118.165 (1) (c), the each
2participating
private school shall annually provides provide at least 1,050 hours of
3direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil
4instruction in grades 7 to 12. Hours provided under this subdivision subsection
5include recess and time for pupils to transfer between classes but do not include the
6lunch periods. Annually, no more than 140 hours of work under s. 118.56 may be
7counted as hours of direct pupil instruction.
AB1042,99 8Section 99 . 118.60 (2) (a) 9. of the statutes is renumbered 118.79 (2) and
9amended to read:
AB1042,44,1310 118.79 (2) Instruction on the Holocaust and other genocides. If the a
11participating
private school operates any grade from 5 to 12, the participating
12private school includes shall include in its curriculum the instruction required under
13s. 121.02 (1) (L) 8., so far as applicable.
AB1042,100 14Section 100 . 118.60 (2) (ag) (intro.) of the statutes is repealed.
AB1042,101 15Section 101 . 118.60 (2) (ag) 1. (intro.) and a. of the statutes are consolidated,
16renumbered 118.60 (2) (ag) 1. and amended to read:
AB1042,44,2517 118.60 (2) (ag) 1. By the first weekday in August 1 of the school year
18immediately preceding the school year in which the new private school intends to
19participate in the program under this section, complete and submit to the
20department the following, on forms provided by the department: a. A , a notice of
21intent to participate and agreement to comply with procedural requirements. If, at
22the time the new private school submits the information required under this
23subdivision, the new private school does not have a physical property within which
24the private school intends to operate, submit a mailing address of an administrator
25of the new private school.
AB1042,102
1Section 102. 118.60 (2) (ag) 1. of the statutes, as affected by 2023 Wisconsin
2Act .... (this act), is renumbered 118.77 (1) (intro.) and amended to read:
AB1042,45,83 118.77 (1) Initial submissions to department. (intro.) By the first weekday in
4August of the school year immediately preceding the school year in which the a new
5private school intends to participate in the choice program under this section,
6complete and
, the new private school shall submit all of the following to the
7department, on forms provided by the department, a notice of intent to participate
8and
:
AB1042,45,9 9(a) An agreement to comply with procedural requirements.
AB1042,45,14 10(c) The physical location of the new private school. If, at the time the new
11private school submits the information required under this subdivision subsection,
12the new private school does not have a physical property within which the private
13school intends to operate, the new private school shall submit a mailing address of
14an administrator of the new private school.
AB1042,103 15Section 103 . 118.60 (2) (ag) 1. b. and c. of the statutes are repealed.
AB1042,104 16Section 104 . 118.60 (2) (ag) 2. a. of the statutes is amended to read:
AB1042,45,2017 118.60 (2) (ag) 2. a. By August 1 the 3rd Monday in October of the school year
18immediately preceding the school year in which the new private school intends to
19participate in the program under this section, submit to the department the
20information under sub. (6p) (a) and (b).
AB1042,105 21Section 105. 118.60 (2) (ag) 2. a. of the statutes, as affected by 2023 Wisconsin
22Act 2023 Wisconsin Act .... (this act), is repealed.
AB1042,106 23Section 106 . 118.60 (2) (ag) 2. b. of the statutes is repealed.
AB1042,107 24Section 107 . 118.60 (2) (ag) 2. c. of the statutes is created to read:
AB1042,46,7
1118.60 (2) (ag) 2. c. By the 3rd Monday in October immediately preceding the
2school year in which a new private school intends to participate in the program under
3this section, provide a surety bond payable to the state in an amount equal to the
4greater of $25,000 or 25 percent of the total payment the new private school expects
5to receive under the program under this section during its first school year
6participating in the program on the basis of the information submitted under subd.
71.
AB1042,108 8Section 108. 118.60 (2) (ag) 2. c. of the statutes, as created by 2023 Wisconsin
9Act .... (this act), is renumbered 118.77 (2) (intro.) and amended to read:
AB1042,46,1310 118.77 (2) October submissions to department. (intro.) By the 3rd Monday
11in October immediately preceding the school year in which a new private school
12intends to participate in the choice program under this section, provide a , the new
13private school shall submit all of the following to the department:
AB1042,46,18 14(a) A surety bond payable to the state in an amount equal to the greater of
15$25,000 or 25 percent of the total payment the new private school expects to receive
16under the choice program under this section during its first school year participating
17in the choice program on the basis of the information submitted under subd. 1. sub.
18(1).
AB1042,109 19Section 109 . 118.60 (2) (ag) 4. of the statutes is amended to read:
AB1042,46,2420 118.60 (2) (ag) 4. Notwithstanding the deadline to obtain preaccreditation
21under par. (a) 7. b., by December 15 the 3rd Monday in October of the school year
22immediately preceding the school year in which the new private school intends to
23participate in the program under this section, obtain preaccreditation from a
24preaccrediting entity.
AB1042,110
1Section 110. 118.60 (2) (ag) 4. of the statutes, as affected by 2023 Wisconsin
2Act .... (this act), is repealed.
AB1042,111 3Section 111 . 118.60 (2) (ag) 5. of the statutes is renumbered 118.77 (4) and
4amended to read:
AB1042,47,105 118.77 (4) Payroll service. By the first weekday in August 1 of the first school
6year in which the new private school intends to participate in the program under this
7section,
choice program, the new private school shall demonstrate to the satisfaction
8of the department that the new private school has contracted with a 3rd-party
9payroll service that will remit federal and state payroll taxes for each employee of
10the new private school for the duration of the school year.
AB1042,112 11Section 112 . 118.60 (2) (ar) of the statutes is amended to read:
AB1042,47,1912 118.60 (2) (ar) By the first weekday in December 31 of the school year
13immediately preceding the school year in which a new private school intends to
14participate in the program under this section, the department shall notify the new
15private school in writing whether it has satisfied those requirements under par. (ag)
16that must be satisfied before December 31. If the department determines that the
17new private school has not satisfied those requirements, the new private school may
18not participate in the program under this section in the following school year, but
19may reinitiate the process under par. (ag) for the next following school year.
AB1042,113 20Section 113 . 118.60 (2) (ar) of the statutes, as affected by 2023 Wisconsin Act
21.... (this act), is renumbered 118.77 (3) and amended to read:
AB1042,48,522 118.77 (3) Compliance notice. By the first weekday in December of the school
23year immediately preceding the school year in which a new private school intends
24to participate in the choice program under this section, the department shall notify
25the new private school in writing whether it has satisfied those the requirements

1under par. (ag) that must be satisfied before December 31 subs. (1) and (2). If the
2department determines that the new private school has not satisfied those the
3requirements, the new private school may not participate in the choice program
4under this section in the following school year, but may reinitiate the process under
5par. (ag)
for the next following a subsequent school year.
AB1042,114 6Section 114 . 118.60 (2) (be), (bm) and (bs) of the statutes are repealed.
AB1042,115 7Section 115 . 118.60 (2) (c) 1. of the statutes is renumbered 118.81 (1) (b) and
8amended to read:
AB1042,48,129 118.81 (1) (b) Notwithstanding par. (a) 6., a A teacher employed by a
10participating private school participating in the program under this section who
11teaches only courses in rabbinical studies is not required to have a bachelor's degree
12or a teaching license issued by the department.
AB1042,116 13Section 116 . 118.60 (2) (c) 2. of the statutes is renumbered 118.81 (2) (b) and
14amended to read:
AB1042,48,1915 118.81 (2) (b) Notwithstanding par. (a) 6., an An administrator of a
16participating private school participating in the program under this section that
17prepares and trains pupils attending the participating private school in rabbinical
18studies is not required to have a bachelor's degree or a teaching license or
19administrator license issued by the department
.
AB1042,117 20Section 117 . 118.60 (2) (d) of the statutes is renumbered 118.73 (2) and
21amended to read:
AB1042,48,2222 118.73 (2) Combined private school. (a) In this paragraph subsection:
AB1042,49,223 1. “Agreement year” means the first school year during which a combined
24private school and a participating private school participating in the program under

1this section
are governed by the same governing body under a governing body
2agreement.
AB1042,49,53 2. “Combined private school” means a private school that enters into a
4governing body agreement and did not participate in the choice program under this
5section
in the school year preceding the agreement year.
AB1042,49,96 3. “Governing body agreement” means an agreement to be governed by the
7same governing body that is entered into by a participating private school
8participating in the program under this section and a private school that is not
9participating in the choice program under this section.
AB1042,49,1510 (b) If a combined private school participates in the choice program under this
11section
during the agreement year or the school year following the agreement year,
12the prior year attendance requirements under par. (a) 2. s. 118.72 (1) (c) do not apply
13to a pupil who applies to attend the combined private school under this section the
14choice program
during the agreement year or the school year following the
15agreement year.
AB1042,118 16Section 118 . 118.60 (3) (a) (intro.) of the statutes is renumbered 118.72 (3) (a)
17and amended to read:
AB1042,49,2218 118.72 (3) (a) The Application. Except as provided in s. 118.71, a pupil or the
19a pupil's parent or guardian shall submit an application, on a form provided by the
20state superintendent, to the participating private school that the pupil wishes to
21attend under the choice program. If more than one pupil from the same family
22applies to attend the same private school, the pupils may use a single application.
AB1042,50,7 23(b) Pupil eligibility notification . No later than 60 days after the end of the
24application period during which an application is received and subject to par. (ar),
25the
, a participating private school shall notify each applicant, in writing, whether his

1or her
the applicant's application has been accepted. If the participating private
2school rejects an application, the notice shall include the reason. Subject to par. (ar),
3a
A participating private school may reject an applicant only if it has reached its
4maximum general capacity or seating capacity. Except as provided in par. (ar),
the
5pupil is not eligible under this subchapter or if the number of applications exceed the
6number of available choice program seats in the grade for which the pupil applied
7and the pupil is not selected to receive a choice program seat.
AB1042,50,11 8(c) Random selection process. The state superintendent shall ensure that the
9each participating private school determines which pupils to accept on a random
10basis, except that the private school may give preference to the following in accepting
11applications, in the order of preference listed:
AB1042,119 12Section 119 . 118.60 (3) (a) 1m., 2m., 3., 4. and 5. of the statutes are renumbered
13118.72 (3) (c) 1., 2., 3., 4. and 5., and 118.72 (3) (c) 1., 2., 3. and 5., as renumbered, are
14amended to read:
AB1042,50,1615 118.72 (3) (c) 1. Pupils who attended the participating private school under this
16section or s. 119.23
the choice program during the previous school year.
AB1042,50,1717 2. Siblings of pupils described in subd. 1m. 1.
AB1042,50,1918 3. Pupils who attended a different participating private school under this
19section or s. 119.23
the choice program during the previous school year.
AB1042,50,2320 5. Siblings of those pupils who have been randomly accepted to attend the
21participating private school under this section the choice program and who did not
22attend a participating private school under this section or s. 119.23 the choice
23program
during the previous school year.
AB1042,120 24Section 120 . 118.60 (3) (ar) of the statutes is repealed.
AB1042,121 25Section 121. 118.60 (3) (b) of the statutes is repealed.
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