119.23(1)(c)
(c) "Summer choice average daily membership equivalent" means the summer average daily membership equivalent of pupils who were attending a private school under this section on the 2nd Friday of January of the school term immediately preceding that summer or whose applications have been accepted under
sub. (3) for attendance at the private school in the school term immediately following that summer.
119.23(1)(d)
(d) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.
119.23(2)(a)(a) Subject to
par. (b), any pupil in grades kindergarten to 12 who resides within the city may attend, at no charge, any private school located in the city if all of the following apply:
119.23(2)(a)1.
1. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.75 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section if the pupil is a member of a family that has a total family income that does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. For purposes of admission to a private school under this section, siblings of pupils attending a private school under this section are subject to the higher income limit. If a pupil attending a private school under this section ceases to attend a private school under this section, the lower income limit applies unless the pupil is a sibling of a pupil attending a private school under this section.
119.23(2)(a)3.
3. The private school notified the state superintendent of its intent to participate in the program under this section by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space.
119.23(2)(a)5.
5. The private school meets all health and safety laws or codes that apply to public schools.
119.23(2)(a)6.
6. All of the private school's teachers have graduated from high school or been granted a declaration of equivalency of high school graduation.
119.23(2)(a)7.
7. The private school achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the Archdiocese of Milwaukee, the Institute for the Transformation of Learning at Marquette University, 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 June 30, 2006, in which it participates in the program under this section, or the private school was approved for scholarship funding for the 2005-06 school year by Partners Advancing Values in Education.
119.23(2)(b)
(b) No more than 22,500 pupils, as counted under
s. 121.004 (7), may attend private schools under this section. Whenever the state superintendent determines that the limit is reached, he or she shall issue an order prohibiting the participating private schools from accepting additional pupils until he or she determines that the number of pupils attending private schools under this section has fallen below the limit.
119.23(3)(a)(a) 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. Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. 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.
119.23(3)(b)
(b) If the private school rejects an applicant because it has too few available spaces, the pupil may transfer his or her application to a participating private school that has space available.
119.23(4)(a)(a) Annually, on or before October 15, a private school participating in the program under this section shall file with the department a report stating its summer average daily membership equivalent and its summer choice average daily membership equivalent for the purpose of
sub. (4m).
119.23(4)(b)
(b) 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 parent or guardian, from the appropriation under
s. 20.255 (2) (fu), an amount equal to the lesser of the following:
119.23(4)(b)1.
1. The 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.
119.23(4)(b)2.
2. The amount paid per pupil under this paragraph in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under
s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.
119.23(4)(c)
(c) The state superintendent shall pay 25% of the total amount under
par. (b) in September, 25% in November, 25% in February and 25% in May. The state superintendent may include the entire amount under
sub. (4m) in one of those installments or apportion the entire amount among one or more of those installments. The department shall send the check to the private school. The parent or guardian shall restrictively endorse the check for the use of the private school.
119.23(4m)
(4m) In addition to the payment under
sub. (4) the state superintendent shall pay to the parent or guardian of each pupil enrolled in a private school under this section, in the manner described in
sub. (4) (c), an amount determined by multiplying 40% of the payment under
sub. (4) by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under
sub. (4).
119.23(5)
(5) The state superintendent shall ensure that pupils and parents and guardians of pupils who reside in the city are informed annually of the private schools participating in the program under this section.
119.23(6)
(6) The board shall provide transportation to pupils attending a private school under this section if required under
s. 121.54 and may claim transportation aid under
s. 121.58 for pupils so transported.
119.23(7)(a)(a) Each private school participating in the program under this section shall meet at least one of the following standards:
119.23(7)(a)1.
1. At least 70% of the pupils in the program advance one grade level each year.
119.23(7)(a)2.
2. The private school's average attendance rate for the pupils in the program is at least 90%.
119.23(7)(a)3.
3. At least 80% of the pupils in the program demonstrate significant academic progress.
119.23(7)(a)4.
4. At least 70% of the families of pupils in the program meet parent involvement criteria established by the private school.
119.23(7)(am)
(am) Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department. Annually by September 1 following a school year in which a private school participated in the program under this section, the private school shall submit to the department all of the following:
119.23(7)(am)1.
1. An independent financial audit of the private school conducted by a 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. 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).
119.23(7)(am)2.
2. Evidence of sound fiscal practices, as prescribed by the department by rule.
119.23(7)(c)
(c) A private school may not require a pupil attending the private school under this section to participate in any religious activity if the pupil's parent or guardian submits to the pupil's teacher or the private school's principal a written request that the pupil be exempt from such activities.
119.23(7)(d)
(d) By August 1 before the first school term of participation in the program, or by May 1 if the private school begins participating in the program during summer school, each private school participating in the program under this section shall submit to the department all of the following:
119.23(7)(d)1.
1. A copy of the school's current certificate of occupancy issued by the city. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the city to the department before the attendance of pupils at the new location and before the next succeeding date specified in
s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the requirement of this subdivision.
119.23(7)(d)2.
2. Evidence of financial viability, as prescribed by the department by rule.
119.23(7)(d)3.
3. Proof that the private school's administrator has participated in a fiscal management training program approved by the department.
119.23(7)(e)1.1. Annually, each private school participating in the program under this section shall administer a nationally normed standardized test in reading, mathematics, and science to pupils attending the school under the program in the 4th, 8th, and 10th grades. The private school may administer additional standardized tests to such pupils. Beginning in 2006 and annually thereafter until 2011, the private school shall provide the scores of all standardized tests that it administers to the School Choice Demonstration Project.
119.23(7)(e)2.
2. The legislative audit bureau shall review and analyze the standardized test score data received from the School Choice Demonstration Project. Based on its review, in 2007 and annually thereafter until 2011, the bureau shall report to the legislature under
s. 13.172 (2) the results of the standardized tests administered under
subd. 1., the scores of a representative sample of pupils participating in the program on the tests under
ss. 118.30 and
121.02 (1) (r), and the scores of a comparable group of pupils enrolled in the school district operating under this chapter on the tests under
ss. 118.30 and
121.02 (1) (r).
119.23(7)(f)
(f) A private school that is neither accredited nor approved under
sub. (2) (a) 7., and to which either of the following applies, shall apply for accreditation by December 31 of the school year in which it enters or reenters the program under this section:
119.23(7)(f)1.
1. The private school did not participate in the program under this section during the 2005-06 school year.
119.23(7)(f)2.
2. The private school participated in the program under this section during the 2005-06 school year but did not participate in the program during the 2006-07 school year.
119.23(8)
(8) There is created a pupil assignment council composed of one representative from each private school participating in the program under this section. Annually by June 30, the council shall make recommendations to the participating private schools to achieve, to the extent possible, a balanced representation of pupils participating in the program under this section.
119.23(9)
(9) If any accrediting agency specified under
sub. (2) (a) 7. determines during the accrediting process that a private school does not meet all of the requirements under
s. 118.165 (1), it shall report that failure to the department.
119.23(10)(a)(a) The state superintendent may issue an order barring a private school from participating in the program under this section in the current school year if the state superintendent determines that the private school has done any of the following:
119.23(10)(a)3.
3. Failed to refund to the state any overpayment made under
sub. (4) (b) or
(4m) by the date specified by department rule.
119.23(10)(a)4.
4. Failed to meet at least one of the standards under
sub. (7) (a) by the date specified by department rule.
119.23(10)(am)
(am) If the state superintendent determines that any of the following have occurred, he or she may issue an order barring the private school from participating in the program under this section in the following school year:
119.23(10)(am)2.
2. The private school's application for accreditation has been denied by the accrediting organization.
119.23(10)(b)
(b) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that conditions at the private school present an imminent threat to the health or safety of pupils.
119.23(10)(c)
(c) Whenever the state superintendent issues an order under
par. (a),
(am), or
(b), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.
119.23(10)(d)
(d) The state superintendent may withhold payment from a parent or guardian under
subs. (4) and
(4m) if the private school attended by the child of the parent or guardian violates this section.
119.23(11)
(11) The department shall promulgate rules to implement and administer this section.
119.23 Cross-reference
Cross Reference: See also ch.
PI 35, Wis. adm. code.
119.23 Annotation
Although portions of the plaintiff's property were located in Milwaukee, the school itself was not when it's buildings were not in the city and it was unable to obtain a certificate of occupancy form Milwaukee as required under sub. (7) (d). Without the requisite certificate on file, the plaintiff is ineligible to participate in the choice program under this section. Thomas More High School v. Burmaster, 2005 WI App 204,
287 Wis. 2d 220,
704 N.W.2d 349,
04-2511.
119.23 Annotation
The Cleveland, Ohio school choice program, which provides tuition aid to parents who may use the money to pay tuition to private, religious schools, does not violate the establishment of religion clause of the 1st Amendment. When an aid program is neutral with respect to religion and provides assistance to a broad class of citizens who, in turn, direct the aid to religious schools through individual choice, the program is not subject to challenge. Zelman v. Simmons-Harris,
536 U.S. 639,
153 L. Ed. 2d 604,
122 S. Ct. 2460 (2002).
119.23 Annotation
Milwaukee Parental Choice Program Upheld. Beard. 75 MLR 673 (1992).
119.23 Annotation
The Constitutional Implications of School Choice. 1992 WLR 459.
119.23 Annotation
Opening the Door to School Choice in Wisconsin. Is Agnosti v. Felton the Key? Kimball. 81 MLR 843 (1998).
119.235
119.235
Contracts with private schools and agencies. 119.235(1)(1) The board may contract with any nonsectarian private school located in the city or any nonsectarian private agency located in the city to provide educational programs to pupils enrolled in the school district operating under this chapter. The board shall ensure that each private school or agency under contract with the board complies with
ss. 118.125 and
118.13,
20 USC 1232g,
20 USC 1681 to
1688,
20 USC 3171 to
3197,
29 USC 794,
42 USC 2000d and
42 USC 6101 to
6107, and all health and safety laws and rules that apply to public schools.
119.235(2)
(2) Each private school or agency under contract with the board shall do all of the following:
119.235(2)(b)
(b) Participate in the board's parent information program.
119.235(2)(c)
(c) Offer diverse opportunities for parents to participate in the school's programs.
119.235(2)(d)
(d) Meet insurance and financial requirements established by the board.
119.235(2)(e)
(e) Develop a pupil recruitment and enrollment plan that incorporates all of the following:
119.235(2)(e)2.
2. A pupil selection process that gives preference to the siblings of enrolled pupils and that gives no other preferences except those approved by the board.
119.235(2)(e)3.
3. A statement describing how the plan will serve the needs of low-academic achievers and pupils from low-income families.
119.235(2)(f)
(f) Report to the board any information requested by the board.
119.235(3)
(3) Any pupil enrolled in the school district operating under this chapter may attend, at no charge, any private school or agency with which the board has contracted under
sub. (1) if space is available in the private school or agency.
119.235(4)
(4) The board shall establish appropriate, quantifiable performance standards for pupils at each private school or agency with which it contracts in such areas as attendance, reading achievement, pupil retention, pupil promotion, parent surveys, credits earned and grade point average.
119.235(5)
(5) Annually, the board shall monitor the performance of the program under this section. The board may use the results of standardized basic educational skills tests to do so. The board shall include a summary of its findings in its annual report to the state superintendent under
s. 119.44.
119.235 History
History: 1995 a. 27.
119.24
119.24
Admission of pupils. A pupil may attend a school in an attendance district other than the one in which he or she resides with the written permission of the superintendent of schools. Beginning in the 2000-01 school year, the board shall provide spaces in each school for pupils who reside outside the attendance district for the school, but shall fill any unused spaces with pupils who reside in the attendance district. A pupil who attends a school may continue to attend that school until he or she graduates from the school and each sibling of that pupil shall be given priority over other pupils in the process of admission for that school.
119.24 History
History: 1985 a. 29;
1999 a. 9.
119.25
119.25
Expulsion of pupils. 119.25(1)(1) The board may adopt a resolution, which is effective only during the school year in which it is adopted, authorizing any of the following to determine pupil expulsion from school under
sub. (2) instead of using the procedure under
s. 120.13 (1) (c):
119.25(1)(a)
(a) An independent hearing panel appointed by the board.
