AB43: Bill Text

AB43,1193,16 2. a. A teacher employed by the eligible school on July 1, 2026, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2026, and who does not satisfy the requirements under subd. 1. on July 1, 2026, may apply to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 1. The department shall promulgate rules to implement this subd. 2. a., 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. 1. No waiver granted under this subd. 2. a. is valid after July 1, 2031.

AB43,1193,19 b. A teacher employed by the eligible school who teaches only courses in rabbinical studies is not required to hold a license or permit to teach issued by the department.

AB43,2089 Section 2089. 115.7915 (2m) of the statutes is created to read:

AB43,1193,23 115.7915 (2m) Program cap. Beginning with the 2024-25 school year, the total number of children who may attend eligible schools under the scholarship program under this section during a school year may not exceed the program cap.

AB43,2090 Section 2090. 115.7915 (3) (title) of the statutes is amended to read:

AB43,1194,2 115.7915 (3) (title) Participating schools; selection of pupils application process; waiting list.

AB43,2091 Section 2091. 115.7915 (3) (a) of the statutes is amended to read:

AB43,1194,9 115.7915 (3) (a) The governing body of an eligible school that intends to participate in the program under this section shall notify the department of its intent by the 1st Monday in March of the previous school year. The governing body of the eligible school shall include in the notice under this paragraph the number of spaces the eligible school has available for children receiving a scholarship under this section.

AB43,2092 Section 2092. 115.7915 (3) (am) of the statutes is created to read:

AB43,1194,14 115.7915 (3) (am) The governing body of an eligible school that has submitted a notice of intent to participate under par. (a) may accept applications for scholarships under sub. (2) (f) for the following school year between the first weekday in April and the 3rd Thursday in June.

AB43,2093 Section 2093. 115.7915 (3) (b) of the statutes is repealed.

AB43,2094 Section 2094. 115.7915 (3) (bm) of the statutes is amended to read:

AB43,1195,4 115.7915 (3) (bm) Upon receipt of an application for a scholarship under sub. (2) (f) par. (am), the governing body of the eligible school shall determine whether the application satisfies the requirements under sub. (2), other than the requirement under sub. (2) (d), and shall request verification from the local education agency that developed the child's individualized education program or services plan that the child has an individualized education program or services plan in place that meets the requirement in sub. (2) (d). The governing body of the eligible school shall also notify the child's resident school board that, pending verification that the requirements of sub. (2) have been satisfied and subject to par. (d), the child will be awarded a scholarship under this section. The local education agency shall, within 5 business days of receiving a request under this paragraph, provide the governing body of the eligible school with a copy of the child's individualized education program or services plan.

AB43,2095 Section 2095. 115.7915 (3) (c) of the statutes is amended to read:

AB43,1195,14 115.7915 (3) (c) The By the first weekday in May immediately following the application period under par. (am), the governing body of a private an eligible school participating in the program under this section that received applications for scholarships under par. (am) shall notify report to the department when it verifies that a child has the names of children who applied under par. (am) to attend the eligible school for whom the governing body has verified that an individualized education program or services plan is in effect and accepts the child's application to attend the private school under a scholarship awarded under this section the names of those applicants who have siblings who are already attending the eligible school.

AB43,2096 Section 2096. 115.7915 (3) (d) of the statutes is created to read:

AB43,1195,24 115.7915 (3) (d) After the end of the application period described under par. (am), upon receipt of the information under par. (c), the department shall determine the sum of all applicants for scholarships under this section. In determining the sum, the department shall count a child who has applied for more than one scholarship under this section only once. If the sum of all applicants exceeds the program cap, the department shall determine which applications to accept on a random basis, subject to the number of available spaces each eligible school specified in its notice under par. (a), except that the department shall give preference to the following in accepting applications for each eligible school, in the order of preference listed:

AB43,1196,2 1. Children who attended a different eligible school under a scholarship under this section during the previous school year.

AB43,1196,3 2. Siblings of pupils who are already attending the eligible school.

AB43,2097 Section 2097. 115.7915 (3) (e) of the statutes is created to read:

AB43,1196,8 115.7915 (3) (e) No later than 60 days after the end of the application period described under par. (am), the department shall notify each applicant and each eligible school, in writing, whether the application submitted to the eligible school has been accepted.

AB43,2098 Section 2098. 115.7915 (3) (f) of the statutes is created to read:

AB43,1196,12 115.7915 (3) (f) If the sum under par. (d) exceeds the program cap, the department shall establish a waiting list in accordance with the preferences required under par. (d).

AB43,2099 Section 2099. 115.7915 (3) (g) of the statutes is created to read:

AB43,1196,21 115.7915 (3) (g) The governing body of an eligible school that has accepted a child under par. (d) shall notify the department whenever the governing body determines that the child will not attend the eligible school under a scholarship under this section. If, upon receiving notice under this paragraph, the department determines that the number of children attending eligible schools under scholarships under this section falls below the program cap, the department shall fill any available slot with a child selected from the waiting list established under par. (f), if such a waiting list exists.

AB43,2100 Section 2100. 115.7915 (4c) of the statutes is repealed.

AB43,2101 Section 2101. 115.7915 (4m) (a) 2. b. of the statutes is amended to read:

AB43,1197,5 115.7915 (4m) (a) 2. b. Beginning in the 2018-19 school year and subject to subd. 3., ending in the 2022-23 school year, the sum of the scholarship amount under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive, or the amount under s. 115.7915 (4m) (a) 3., 2021 stats., if applicable.

AB43,2102 Section 2102 . 115.7915 (4m) (a) 2. c. of the statutes is created to read:

AB43,1197,11 115.7915 (4m) (a) 2. c. Beginning in the 2023-24 school year, the sum of the scholarship amount under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) between the previous school year and the current school year, if positive.

AB43,2103 Section 2103. 115.7915 (4m) (a) 3. of the statutes is repealed.

AB43,2104 Section 2104. 115.7915 (4m) (cm) of the statutes is repealed.

AB43,2105 Section 2105 . 115.7915 (4m) (f) 1. a. of the statutes is amended to read:

AB43,1197,17 115.7915 (4m) (f) 1. a. Determine the sum of the amount paid for each child number of children residing in the school district for whom a payment is made under par. (a) in that school year.

AB43,2106 Section 2106 . 115.7915 (4m) (f) 1. bm. of the statutes is created to read:

AB43,1197,20 115.7915 (4m) (f) 1. bm. Multiply the number of children under subd. 1. a. by the per pupil amount calculated under par. (a) for that school year.

AB43,2107 Section 2107 . 115.7915 (4m) (f) 1. e. of the statutes is amended to read:

AB43,1197,23 115.7915 (4m) (f) 1. e. Sum the amounts calculated under subd. 1. a., bm., d., and dh.

AB43,2108 Section 2108 . 115.7915 (6) (L) of the statutes is created to read:

AB43,1198,4 115.7915 (6) (L) Allow a child attending the private school under this section to refrain from participating in any religious activity if the child's parent submits to the child's teacher or the private school's principal a written request that the child be exempt from such activities.

AB43,2109 Section 2109. 115.881 (2) of the statutes is renumbered 115.881 (2) (intro.) and amended to read:

AB43,1198,10 115.881 (2) (intro.) For each child whose costs exceeded $30,000 under sub. (1), the department shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the current school year an amount equal to 0.90 multiplied by that portion at the following rates:

AB43,1198,12 (a) In the 2023-34 school year, 45 percent of the cost under sub. (1) that exceeded $30,000.

AB43,2110 Section 2110. 115.881 (2) (b) of the statutes is created to read:

AB43,1198,15 115.881 (2) (b) In the 2024-25 school year and each school year thereafter, 60 percent of the cost under sub. (1) that exceeded $30,000.

AB43,2111 Section 2111. 115.881 (3) of the statutes is repealed.

AB43,2112 Section 2112 . 115.882 of the statutes is amended to read:

AB43,1198,24 115.882 Payment of state aid; reimbursement rate. Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs In the 2023-24 school year and in each school year thereafter, costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6), and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, not to exceed 100 percent 60 percent of eligible costs.

AB43,2113 Section 2113. 115.993 (title) of the statutes is amended to read:

AB43,1199,2 115.993 (title) Report Reports on bilingual-bicultural education and pupil counts.

AB43,2114 Section 2114. 115.993 of the statutes is renumbered 115.993 (1).

AB43,2115 Section 2115. 115.993 (2) of the statutes is created to read:

AB43,1199,9 115.993 (2) Annually, on or before August 15, a school board and the operator of a charter school established under s. 118.40 (2r) or (2x) shall report to the state superintendent the number of limited-English proficient pupils enrolled in the school district or attending the charter school in the previous school year and the classification of those pupils by language group.

AB43,2116 Section 2116. 115.995 (intro.) of the statutes is amended to read:

AB43,1199,14 115.995 State aids. (intro.) Upon receipt of the report under s. 115.993 (1), if the state superintendent is satisfied that the bilingual-bicultural education program for the previous school year was maintained in accordance with this subchapter, the state superintendent shall do all of the following:

AB43,2117 Section 2117. 115.995 (1) of the statutes is amended to read:

AB43,1199,20 115.995 (1) From the appropriation under s. 20.255 (2) (cc), divide proportionally, based upon costs reported under s. 115.993 (1), an annual payment of $250,000 among school districts whose enrollments in the previous school year were at least 15 percent limited-English proficient pupils. Aid paid under this subsection does not reduce aid paid under sub. (2).

AB43,2118 Section 2118. 115.995 (2) of the statutes is renumbered 115.995 (2) (intro.) and amended to read:

AB43,1200,7 115.995 (2) (intro.) Certify to the department of administration in favor of the school district a sum equal to a percentage of the amount expended on limited-English proficient pupils by the school district during the preceding year for salaries of personnel participating in and attributable to bilingual-bicultural education programs under this subchapter, special books and equipment used in the bilingual-bicultural programs and other expenses approved by the state superintendent. The percentage shall be determined by dividing the amount in the From the appropriation under s. 20.255 (2) (cc) in the current school year less $250,000 by the total amount of aidable costs in the previous school year., the state superintendent shall reimburse the school district the following amounts:

AB43,2119 Section 2119. 115.995 (2) (a) and (b) of the statutes are created to read:

AB43,1200,10 115.995 (2) (a) In the 2023-24 school year, 15 percent of the amount certified under this subsection for the previous school year.

AB43,1200,12 (b) In the 2024-25 school year and each school year thereafter, 20 percent of the amount certified under this subsection for the previous school year.

AB43,2120 Section 2120. 115.9955 of the statutes is created to read:

AB43,1200,18 115.9955 Aid for English language acquisition. (1) Beginning in the 2024-25 school year and annually thereafter, from the appropriation under s. 20.255 (2) (cd), the department shall pay each school district and each operator of a charter school established under s. 118.40 (2r) and (2x) the following amounts, based on the report under s. 115.993 (2):

AB43,1200,21 (a) If, in the previous school year, there was at least one but no more than 20 limited-English proficient pupils enrolled in the school district or attending the charter school, $10,000.

AB43,1200,24 (b) If, in the previous school year, there were more than 20 limited-English proficient pupils enrolled in the school district or attending the charter school, $500 per limited-English proficient pupil.

AB43,1201,2 (2) Receipt of aid under s. 115.995 does not preclude receipt of aid under this section.

AB43,2121 Section 2121 . 118.07 (1) of the statutes is renumbered 118.07 (1) (a).

AB43,2122 Section 2122 . 118.07 (1) (b) of the statutes is created to read:

AB43,1201,10 118.07 (1) (b) Every school board shall ensure that each public school in the school district, and every operator of a charter school established under s. 118.40 (2r) or (2x) shall ensure that the charter school, has on-site an adequate usable supply of an opioid antagonist, as defined in s. 450.01 (13v). A supply of an opioid antagonist provided under this paragraph shall be in a location that is easily accessible at all times.

AB43,2123 Section 2123 . 118.07 (6) of the statutes is created to read:

AB43,1201,12 118.07 (6) (a) In this subsection:

AB43,1201,13 1. “School premises” means all of the following:

AB43,1201,16 a. Real property owned or rented by, or under the control of, a school board, including playgrounds, athletic facilities or fields, and any other property that is occupied by pupils on a regular basis.

AB43,1201,20 b. Real property owned or rented by an operator or governing board of a charter school that is used for the operation of a charter school, including playgrounds, athletic facilities or fields, and any other property that is occupied on a regular basis by pupils attending the charter school.

AB43,1201,24 c. Real property owned or rented by the governing body of a private school that is used for the operation of a private school, including playgrounds, athletic facilities or fields, and any other property that is occupied on a regular basis by pupils attending the private school.

AB43,1201,25 2. “Vape” means to inhale or exhale vapor from a vapor product.

AB43,1202,1 3. “Vapor product” has the meaning given in s. 139.75 (14).

AB43,1202,2 (b) No individual may vape on school premises.

AB43,2124 Section 2124. 118.134 (6) of the statutes is created to read:

AB43,1202,14 118.134 (6) Regardless of whether or not an objection is made under sub. (1) or an order is issued under sub. (3), if a school board adopts a resolution to terminate the use of a race-based nickname, logo, mascot, or team name that is associated with a federally recognized American Indian tribe or American Indians, in general, the state superintendent may award a grant to the school board for the costs associated with adopting and implementing a nickname, logo, mascot, or team name that is not race-based. The state superintendent may not award a grant under this subsection in an amount that exceeds the greater of $50,000 or a school board's actual costs to adopt and implement a nickname, logo, mascot, or team name. The state superintendent shall pay the awards under this subsection from the appropriation under s. 20.255 (2) (kg).

AB43,2125 Section 2125 . 118.15 (3) (a) of the statutes is amended to read:

AB43,1203,2 118.15 (3) (a) Any child who is excused by the school board because the child is temporarily not in proper physical or mental condition to attend a school program but who can be expected to return to a school program upon termination or abatement of the illness or condition. The school attendance officer may request the parent or guardian of the child to obtain a written statement from a licensed physician, naturopathic doctor, dentist, chiropractor, optometrist, psychologist, physician assistant, or nurse practitioner, as defined in s. 255.06 (1) (d), or certified advanced practice registered nurse prescriber, or registered nurse described under s. 255.06 (1) (f) 1. or Christian Science practitioner living and residing in this state, who is listed in the Christian Science Journal, as sufficient proof of the physical or mental condition of the child. An excuse under this paragraph shall be in writing and shall state the time period for which it is valid, not to exceed 30 days.

AB43,2126 Section 2126 . 118.163 (4) of the statutes is amended to read:

AB43,1203,5 118.163 (4) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.342.

AB43,2127 Section 2127. 118.19 (1) of the statutes is amended to read:

AB43,1203,12 118.19 (1) Except as provided in subs. (1b) and (1c) and s. 118.40 (8) (b) 1. and 2., any person seeking to teach in a public school, including a charter school, or in a school or institution operated by a county or the state, in a private school participating in a parental choice program under s. 118.60 or 119.23, or in a private school participating in the program under s. 115.7915 shall first procure a license or permit from the department.