118.55(7r)(c)
(c) If a child attends a technical college under this subsection, the technical college shall ensure that the child's educational program meets the high school graduation requirements under
s. 118.33. At least 30 days before the beginning of the technical college semester in which the pupil will be enrolled, the school board of the school district in which the pupil resides shall notify the pupil, in writing, if a course in which the pupil will be enrolled does not meet the high school graduation requirements and whether the course is comparable to a course offered in the school district. If the pupil disagrees with the school board's decision regarding comparability of courses or satisfaction of high school graduation requirements, the pupil may appeal the school board's decision to the state superintendent within 30 days after the decision. The state superintendent's decision is final and is not subject to review under
subch. III of ch. 227. The pupil is eligible to receive both high school and technical college credit for courses successfully completed at the technical college.
118.55(7r)(d)
(d) Subject to
sub. (7t), for each pupil attending a technical college under this subsection, the school board shall pay to the technical college district board, in 2 installments payable upon initial enrollment and at the end of the semester, for those courses taken for high school credit, an amount equal to the cost of tuition, course fees, and books for the pupil at the technical college, except that the school board is not responsible for payment for any courses that are comparable to courses offered in the school district.
118.55(7r)(dm)
(dm) If a pupil who is attending a technical college under this subsection is a child with a disability, as defined in
s. 115.76 (5), the payment under
par. (d) shall be adjusted to reflect the cost of any special services required for the pupil.
118.55(7r)(e)
(e) The school board is not responsible for transporting a pupil attending a technical college under this subsection to or from the technical college that the pupil is attending.
118.55(7r)(f)
(f) A pupil taking a course at a technical college for high school credit under this subsection is not responsible for any portion of the tuition and fees for the course if the school board is required to pay the technical college for the course under
par. (d).
118.55 Cross-reference
Cross-reference: See also ch.
TCS 9, Wis. adm. code.
118.55(7t)
(7t) Limitations on participation and payment. 118.55(7t)(a)(a) A school board may establish a written policy limiting the number of credits for which the school board will pay under
subs. (5) and
(7r) (d) to the equivalent of 18 postsecondary semester credits per pupil.
118.55(7t)(b)
(b) If a school board is required to pay tuition and fees on behalf of a pupil under
sub. (5) (a) or
(c) 1. or
(7r) (d), the tuition and fees charged may not exceed the amount that would be charged a pupil who is a resident of this state.
118.55(7t)(c)
(c) If a pupil receives a failing grade in a course, or fails to complete a course, at an institution of higher education or technical college for which the school board has made payment, the pupil's parent or guardian, or the pupil if he or she is an adult, shall reimburse the school board the amount paid on the pupil's behalf upon the school board's request. If a school board that requests reimbursement of a payment made under this section is not reimbursed as requested, the pupil on whose behalf the payment was made is ineligible for any further participation in the program under this section. For the purposes of this paragraph, a grade that constitutes a failing grade for a course offered in the school district constitutes a failing grade for a course taken at an institution of higher education or technical college under this section.
118.55(8)
(8) Program information. Annually by October 1, each school board shall provide information about the program under this section to all pupils enrolled in the school district in the 9th, 10th and 11th grades.
118.55(9)
(9) Rules. The state superintendent shall promulgate rules to implement and administer this section, including rules establishing criteria for determining reimbursement amounts under
sub. (7g).
118.55 Cross-reference
Cross-reference: See also chs.
PI 38 and
40, Wis. adm. code.
118.60
118.60
Parental choice programs for eligible school districts. 118.60(1)(a)
(a) "Administrator" means the superintendent, supervising principal, executive director, or other person who acts as the administrative head of a private school participating in the program under this section.
118.60(1)(ag)
(ag) "Disqualified person" means a person who, when a private school was barred or terminated from participation in the program under this section by an order issued under
sub. (10), satisfied at least one of the following:
118.60(1)(ag)1.
1. Had a controlling ownership interest in, or was the administrator or an officer, director, or trustee of, the private school.
118.60(1)(ag)2.
2. Was a person designated by the administrator of the private school to assist in processing pupil applications.
118.60(1)(ag)3.
3. Was responsible for an action or circumstance that led to the private school being barred or terminated from participation in the program under this section.
118.60(1)(am)
(am) "Eligible school district" means a school district that, subject to
sub. (1m), satisfies all of the following:
118.60(1)(am)1.
1. The school district's equalized value per member, as determined in accordance with
s. 121.15 (4) on October 15 of the 2nd fiscal year of the current fiscal biennium for the distribution of equalization aid in that year, is no more than 80 percent of the statewide average.
118.60(1)(am)2.
2. The school district's shared cost per member, as determined in accordance with
s. 121.07 on October 15 of the 2nd fiscal year of the current fiscal biennium, for the distribution of aid in that year is no more than 91 percent of the statewide average.
118.60(1)(am)3.
3. The school district is eligible, in the 2nd fiscal year of the current fiscal biennium, to receive aid under
s. 121.136.
118.60(1)(am)4.
4. The school district is located in whole or in part in a city of the 2nd class.
118.60(1)(c)
(c) "Preaccreditation" means the review and approval of an educational plan. Review of an education plan includes consideration of whether the school submitting the plan meets the requirements under
s. 118.165 (1). The fact that a private school has obtained preaccreditation does not require an accreditation organization to accredit the private school.
118.60(1)(f)
(f) "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.
118.60(1)(g)
(g) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.
118.60(1m)
(1m) By November 15 of the 2nd fiscal year of each fiscal biennium, the department shall prepare a list that identifies eligible school districts. The department shall post the list on the department's Internet site and shall notify in writing the school district clerk of each eligible school district. A school district that has qualified as an eligible school district under this section on April 20, 2012, shall remain an eligible school district, but no school district may qualify as an eligible school district after April 20, 2012.
118.60(2)(a)(a) Subject to
par. (b), any pupil in grades kindergarten to 12 who resides within an eligible school district may attend any private school if all of the following apply:
118.60(2)(a)1.a.a. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and
sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be verified as provided in
subd. 1. b. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section.
118.60(2)(a)1.b.
b. The private school submits to the department of public instruction the names, addresses, social security numbers, and other state and federal tax identification numbers, if any, of the pupil's parents or legal guardians that reside in the same household as the pupil, whether and to whom the parents or legal guardians are married, the names of all of the other members of the pupil's family residing in the same household as the pupil, and the school year for which family income is being verified under this
subd. 1. b. The department of revenue shall review the information submitted under this
subd. 1. b. and shall verify the eligibility or ineligibility of the pupil to participate in the program under this section on the basis of family income. In this subdivision, "family income" means federal adjusted gross income of the parents or legal guardians residing in the same household as the pupil for the tax year preceding the school year for which family income is being verified under this
subd. 1. b. or, if not available, for the tax year preceding the tax year preceding the school year for which family income is being verified under this
subd. 1. b. Family income for a family in which the pupil's parents are married or in which the pupil's legal guardians are married shall be reduced by $7,000 before the verification is made under this
subd. 1. b. The department of revenue may take no other action on the basis of the information submitted under this
subd. 1. b. If the department of revenue is unable to verify family income or to verify whether the pupil is eligible or ineligible to participate in the program under this section on the basis of family income, the department of revenue shall notify the department of public instruction of this fact and the department of public instruction shall utilize an alternative process, to be established by the department of public instruction, to determine whether the pupil is eligible to participate in the program under this section on the basis of family income. The department of public instruction may not request any additional verification of income from the family of a pupil once the department of revenue has verified that the pupil is eligible to participate in the program under this section on the basis of family income. The department of public instruction shall establish a procedure for determining family income eligibility for those pupils for whom no social security number or state or federal tax identification number has been provided.
118.60(2)(a)2.a.
a. The pupil was enrolled in a public school in an eligible school district in the previous school year.
118.60(2)(a)2.b.
b. The pupil was not enrolled in school in the previous school year.
118.60(2)(a)2.c.
c. The pupil attended a private school under this section in the previous school year.
118.60(2)(a)2.d.
d. The pupil is applying to attend kindergarten, first grade, or 9th grade in a private school participating in the program under this section.
118.60(2)(a)3.a.a. Except as provided in
subd. 3. b., the private school notified the state superintendent of its intent to participate in the program under this section, and paid the nonrefundable fee set by the department as required under
s. 119.23 (2) (a) 3., 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.
118.60(2)(a)3.b.
b. For a private school that intends to participate in the program under this section in an eligible school district identified under
2011 Wisconsin Act 32, section 9137 (3u), the private school notified the state superintendent of its intent to participate, and paid the nonrefundable fee set by the department under
subd. 3. a. by August 1, 2011. The notice shall specify the number of pupils participating in the program under this section for which the school has space.
118.60(2)(a)5.
5. The private school meets all health and safety laws or codes that apply to public schools.
118.60(2)(a)6.a.a. Except as provided in
subd. 6. c., all of the private school's teachers have a bachelor's degree from an accredited institution of higher education.
118.60(2)(a)6.b.
b. All of the private school's administrators have at least a bachelor's degree from an accredited institution of higher education.
118.60(2)(a)6.c.
c. Any teacher employed by the private school on July 1 of the first school year that begins after a school district is identified as an eligible school district under
sub. (1m) or
2011 Wisconsin Act 32, section 9137 (3u), who has been teaching for at least the 5 consecutive years immediately preceding that July 1, and who does not satisfy the requirements under
subd. 6. a. on that July 1, applies to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under
subd. 6. a. The department shall promulgate rules to implement this
subd. 6. c., 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. 6. a., including the name of the accredited institution of higher education at which the teacher is pursuing or will pursue the bachelor's degree and the anticipated date on which the teacher expects to complete the bachelor's degree. No waiver granted under this
subd. 6. c. is valid after July 31 of the 5th school year that begins after a school district is identified as an eligible school district under
sub. (1m) or
2011 Wisconsin Act 32, section 9137 (3u).
118.60(2)(a)7.
7. For a private school that is a first-time participant in the program under this section, and that is not accredited by Wisconsin North Central Association, Wisconsin Religious and Independent School Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, the diocese or archdiocese within which the private school is located, or by any other organization recognized by the National Council for Private Schools Accreditation, the private school obtains preaccreditation by the Institute for the Transformation of Learning at Marquette University, Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, or the diocese or archdiocese within which the private school is located by September 1 before the first school term of participation in the program under this section that begins after August 31, 2011; by August 1 before the first school term of participation in the program under this section that begins in the first school year that begins after a school district is identified as an eligible school district under
sub. (1m); or by May 1 if the private school begins participation in the program under this section during summer school. In any school year, a private school may apply for and seek to obtain preaccreditation from only one of the entities enumerated in this subdivision. A private school that fails to obtain accreditation in a school year may apply for and seek to obtain preaccreditation from one of the entities enumerated in this subdivision in the following school year. The private school shall achieve accreditation by Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, the diocese or archdiocese within which the private school is located, 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 in which the private school begins participation in the program under this section. If the private school is accredited under this subdivision, the private school is not required to obtain preaccreditation as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.
118.60(2)(a)8.
8. Notwithstanding
s. 118.165 (1) (c), the private school annually provides at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil instruction in grades 7 to 12. Hours provided under this subdivision include recess and time for pupils to transfer between classes but do not include the lunch periods.
118.60(2)(b)1.1. In the first school year that begins after a school district is identified as an eligible school district under
sub. (1m) or
2011 Wisconsin Act 32, section 9137 (3u), no more than 250 pupils, as counted under
s. 121.004 (7), may attend private schools under this section. Priority shall be given to pupils who were eligible for a free or reduced-price lunch in the federal school lunch program under
42 USC 1758 (b) in the immediately preceding school year.
118.60(2)(b)2.
2. In the 2nd school year that begins after a school district is identified as an eligible school district under
sub. (1m) or
2011 Wisconsin Act 32, section 9137 (3u), no more than 500 pupils, as counted under
s. 121.004 (7), may attend private schools under this section. Priority shall be given to pupils who attended a private school under this section in the immediately preceding school year.
118.60(2)(b)3.
3. Whenever the state superintendent determines that the limit is reached under
subd. 1. or
2., 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. If the number of pupils attending private schools under this section falls below the limit under this paragraph, the state superintendent shall issue an order notifying participating private schools that they may begin accepting additional pupils, and, notwithstanding
sub. (3) (a), participating private schools that wish to accept additional pupils under this section shall accept pupils as follows:
118.60(2)(b)3.a.
a. The private school shall give first priority to pupils who are attending a private school under this section.
118.60(2)(b)3.b.
b. The private school shall give 2nd priority to the siblings of pupils who are attending a private school under this section.
118.60(2)(b)3.c.
c. The private school shall give 3rd priority to pupils selected at random under a procedure established by the department by rule.
118.60(2)(c)1.1. Notwithstanding
par. (a) 6., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor's degree.
118.60(2)(c)2.
2. Notwithstanding
par. (a) 6., an administrator of a private school participating in the program under this section that prepares and trains pupils attending the school in rabbinical studies is not required to have a bachelor's degree.
118.60(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. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. Within 60 days after receiving the application, the private school shall notify each applicant, in writing, whether his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. 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.
118.60(3)(b)
(b) If the private school rejects an applicant because it has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant rejected under this paragraph may be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside within an eligible school district. The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.
118.60(3m)(a)(a) A private school participating in the program under this section may not charge or receive any additional tuition payment for a pupil participating in the program under this section other than the payment the school receives under
sub. (4) and, if applicable,
sub. (4m), if either of the following applies:
118.60(3m)(a)1.
1. The pupil is enrolled in a grade from kindergarten to 8.
118.60(3m)(a)2.
2. The pupil is enrolled in a grade from 9 to 12 and the family income of the pupil, as determined under
sub. (2) (a) 1., 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.
118.60(3m)(am)1.1. Beginning in the 2011-12 school year, a private school participating in the program under this section may recover the cost of providing the following to a pupil participating in the program under this section through reasonable fees in an amount determined by the private school and charged to the pupil, except that no participating private school may retroactively recover any uncollected costs incurred prior to November 19, 2011:
118.60(3m)(am)1.b.
b. Social and extracurricular activities if not necessary to the private school's curriculum.
118.60(3m)(am)1.e.
e. High school classes that are not required for graduation and for which no credits toward graduation are given.
118.60(3m)(am)2.
2. A private school may not prohibit an eligible pupil from attending the private school, expel or otherwise discipline the pupil, or withhold or reduce the pupil's grades because the pupil or the pupil's parent or guardian cannot pay or has not paid fees charged under
subd. 1.
118.60(3m)(b)
(b) Beginning in the 2011-12 school year, a private school participating in the program under this section may, in addition to the payment it receives for a pupil under
sub. (4) and, if applicable,
sub. (4m), charge the pupil tuition in an amount determined by the school if both of the following apply:
118.60(3m)(b)2.
2. The family income of the pupil, as determined under
sub. (2) (a) 1., exceeds 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.
118.60(3m)(c)
(c) A private school participating in the program under this section shall determine whether the private school may charge additional tuition to a pupil on the basis of the pupil's family income as permitted under
par. (b). The private school shall establish a process for accepting an appeal to the governing body of the private school of the determination made under this paragraph.
118.60(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).
118.60(4)(b)
(b) Except as provided in
par. (bg), 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 private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under
s. 20.255 (2) (fr), an amount equal to the lesser of the following:
118.60(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.
