119.23(7)(b)6.
6. Issue a high school diploma or certificate to each pupil who attends the private school under this section and satisfactorily completes the course of instruction and any other requirements necessary for high school graduation.
119.23(7)(b)7.a.a. Except as provided in
subd. 7. b., if the private school ceases operating as a private school, immediately transfer all of the progress records of the pupils who attended the school under this section to the board. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of progress records under this
subd. 7. a.
119.23(7)(b)7.b.
b. If the private school is affiliated with an organization that will maintain the progress records of each pupil who attended the school under this section for at least 5 years after the private school ceases operation as a private school, the private school may transfer a pupil's records to the organization if the pupil, or the parent or guardian of a minor pupil, consents in writing to the release of the progress records to the affiliated organization. The private school shall send to the department a copy of the consent form for each pupil who consents to the transfer of progress records under this
subd. 7. b. The written notice shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall include the name, phone number, mailing address, and other relevant contact information of the organization that will maintain the progress records, and a declaration by the affiliated organization that the organization agrees to maintain the progress records for at least 5 years after the private school ceases operation as a private school.
119.23(7)(b)8.
8. Ensure that an accrediting agency reviews and reports to the department on the private school's compliance with
subds. 4. and
6. as provided under
sub. (9) (b). The accrediting agency may determine compliance by examining an appropriate sample of pupil records.
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. In the 2009-10 school year, 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. Beginning in the 2010-11 school year and annually thereafter, each private school participating in the program under this section shall administer the examinations required under
s. 118.30 (1s) to pupils attending the school under the program. 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 and examinations that it administers under this subdivision 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(7)(g)1.1. By the first day of the 3rd month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under
s. 118.075 (3), or by October 1 of a private school's first school year of participation in the program under this section, whichever is later, the private school shall provide for the development of a plan for maintaining indoor environmental quality in the private school.
119.23(7)(g)2.
2. By the first day of the 12th month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under
s. 118.075 (3), or by the beginning of the 2nd school year of participation in the program under this section, whichever is later, the private school shall implement a plan for maintaining indoor environmental quality in the private school.
119.23(7)(g)3.
3. Each private school participating in the program under this section shall provide a copy of the plan implemented under
subd. 2. to any person upon request.
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)(a)(a) If any accrediting agency specified under
sub. (2) (a) 7. a. or
b. determines during the accrediting process that a private school does not meet all of the requirements under
s. 118.165 (1), or if the Institute for the Transformation of Learning at Marquette University determines during the preaccreditation 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(9)(b)
(b) An accrediting agency specified under
sub. (2) (a) 7. a. and
b. shall review and report to the department on a private school's compliance with
sub. (7) (b) 4. and
6. The accrediting agency may determine compliance by examining an appropriate sample of pupil records.
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)2.
2. Failed to provide the notice or pay the fee required under
sub. (2) (a) 3., or provide the information required under
sub. (7) (am) or
(d), by the date or within the period specified.
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.
119.245
119.245
Grants for improving pupil academic achievement. 119.245(2)(2) Beginning in the 2008-09 school year, the board may apply to the department for an annual grant of up to $10,000,000 to implement initiatives to improve pupil academic achievement in all grades, such as employing licensed teachers to tutor pupils who are struggling academically, or employing persons to coordinate the district's instructional programs and provide ongoing professional development for teachers. The board shall submit with its application a plan for the department's approval describing the initiatives for which the grant will be used, describing the research showing that the initiatives have a positive effect on pupil academic achievement, and including criteria for evaluating the effectiveness of the initiatives, such as high school graduation rates or the results of the statewide pupil assessments under
s. 118.30.
119.245 Note
NOTE: Sub. (2) is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
119.245(3)
(3) The department may approve the plan submitted under
sub. (2) in whole or in part. If the department approves a plan in part, the board may submit an additional plan for the same school year and the department may award the board all or part of the balance of grant funds.
119.245 History
History: 2009 a. 58 ss.
2,
4 to
6; Stats. 2009 s. 119.245;
2009 a. 180; s. 13.92 (2) (i).
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.
119.25(1)(b)
(b) An independent hearing officer appointed by the board.
119.25(2)(a)(a) During any school year in which a resolution adopted under
sub. (1) is effective, the independent hearing officer or independent hearing panel appointed by the board:
119.25(2)(a)1.
1. May expel a pupil from school whenever the hearing officer or panel finds that the pupil engaged in conduct that constitutes grounds for expulsion under
s. 120.13 (1) (c) 1. or
2.
119.25(2)(a)2.
2. Shall commence proceedings under
par. (b) and expel a pupil from school for not less than one year whenever the hearing officer or panel finds that the pupil engaged in conduct that constitutes grounds for expulsion under
s. 120.13 (1) (c) 2m.
119.25(2)(b)
(b) No administrator may be designated to participate in an expulsion hearing if he or she was involved in the incident that led to the expulsion proceeding. Prior to expelling a pupil, the hearing officer or panel shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian, may be represented at the hearing by counsel. The hearing officer or panel shall keep a full record of the hearing. The hearing officer or panel shall inform each party of the right to a complete record of the proceeding. Upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the pupil and, if the pupil is a minor, the pupil's parent or guardian. Upon the ordering by the hearing officer or panel of the expulsion of a pupil, the school district shall mail a copy of the order to the board, the pupil and, if the pupil is a minor, the pupil's parent or guardian. A school board, hearing officer or panel may disclose the transcript to the parent or guardian of an adult pupil, if the adult pupil is a dependent of his or her parent or guardian under section
152 of the internal revenue code. Within 30 days after the date on which the order is issued, the board shall review the expulsion order and shall, upon review, approve, reverse or modify the order. The order of the hearing officer or panel shall be enforced while the board reviews the order. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the board's decision to the state superintendent. If the board's decision is appealed to the state superintendent, within 60 days after the date on which the state superintendent receives the appeal, the state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the board shall be enforced while the state superintendent reviews the decision. An appeal from the decision of the state superintendent may be taken within 30 days to the circuit court for the county in which the school is located.
119.25(2)(c)
(c) Not less than 5 days' written notice of the hearing under
par. (b) shall be sent to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The notice shall include all of the information specified in
s. 120.13 (1) (e) 4.
119.25(2)(d)1.a.
a. "Early reinstatement" means the reinstatement to school of an expelled pupil before the expiration of the term of expulsion specified in the pupil's expulsion order under
par. (b).
119.25(2)(d)1.b.
b. "Early reinstatement condition" means a condition that a pupil is required to meet before he or she may be granted early reinstatement or a condition that a pupil is required to meet after his or her early reinstatement but before the expiration of the term of expulsion specified in the pupil's expulsion order under
par. (b).
119.25(2)(d)2.
2. An independent hearing panel or independent hearing officer appointed by the board may specify one or more early reinstatement conditions in the expulsion order under
par. (b) if the early reinstatement conditions are related to the reasons for the pupil's expulsion. Within 15 days after the date on which the expulsion order is issued, the expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the determination regarding whether an early reinstatement condition specified in the expulsion order is related to the reasons for the pupil's expulsion to the board. The decision of the board regarding that determination is final and not subject to appeal.
119.25(2)(d)3.
3. If the superintendent of schools or his or her designee, who shall be someone other than a principal, administrator or teacher in the pupil's school, determines that a pupil has met the early reinstatement conditions that he or she is required to meet before he or she may be granted early reinstatement, the superintendent of schools or designee may grant the pupil early reinstatement. The determination of the superintendent of schools or designee is final.
