119.23(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:
119.23(3m)(a)1.
1. The pupil is enrolled in a grade from kindergarten to 8.
119.23(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.
119.23(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:
119.23(3m)(am)1.b.
b. Social and extracurricular activities if not necessary to the private school's curriculum.
119.23(3m)(am)1.e.
e. High school classes that are not required for graduation and for which no credits toward graduation are given.
119.23(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.
119.23(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:
119.23(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.
119.23(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.
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) 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) (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 subsection 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)(bg)
(bg) In the 2011-12 and 2012-13 school years, 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) (fu), an 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, or $6,442, whichever is less.
119.23(4)(c)
(c) The state superintendent shall pay 25% of the total amount under this subsection in September, 25% in November, 25% in February, and 25% in May. Each installment may consist of a single check for all pupils attending the private school under this section. The state superintendent shall include the entire amount under
sub. (4m) in the November installment, but the payment shall be made in a separate check from the payment under this subsection.
119.23(4)(d)
(d) In determining a private school's operating and debt service cost per pupil under
par. (b) 1. and
sub. (4m) (a), the department shall do all of the following:
119.23(4)(d)1.
1. Subtract only the following, up to the actual cost of the service or material related to each item:
119.23(4)(d)1.a.
a. Fees charged pupils for books and supplies used in classes and programs.
119.23(4)(d)1.e.
e. Interest and other income resulting from the investment of debt proceeds.
119.23(4)(d)2.
2. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party, there is no other mechanism to include the private school's facilities costs in the calculation of its operating and debt service cost, and the private school requests that the department do so, include an amount equal to 10.5 percent of the fair market value of the school and its premises. A request made by a private school under this subdivision remains effective in subsequent school years and may not be withdrawn by the private school.
119.23(4)(d)3.
3. If immediately prior to July 1, 2011, a private school's operating and debt service costs, as determined by the department, included the amount described in
subd. 2., continue to include the amount described in
subd. 2. in subsequent school years.
119.23(4m)
(4m) In addition to the payment under
sub. (4) the state superintendent shall pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending the private school under this section, in the manner described in
sub. (4) (c), the amount determined as follows:
119.23(4m)(a)
(a) Determine the private school's operating and debt service cost per pupil in summer school that is related to educational programming.
119.23(4m)(c)
(c) Multiply the product under
par. (b) 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(4r)
(4r) If, after the 3rd Friday in September in any school year, a private school participating in the program under this section closes, for each installment under
sub. (4) (c) that was not paid to the private school in that school year, the state superintendent shall pay to the board, from the appropriation under
s. 20.255 (2) (fv), the amount determined as follows for each pupil who had been attending the private school under this section in that school year and who enrolls in the school district operating under this chapter in that school year:
119.23(4r)(a)2.
2. In the 2010-11 school year and in any school year thereafter, multiply the amount determined under
sub. (4) (b) or
(bg) by 0.616.
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(6m)
(6m) Each private school participating in the program under this section shall do all of the following:
119.23(6m)(a)
(a) Provide to each pupil, or the parent or guardian of each minor pupil, who applies to attend the private school all of the following:
119.23(6m)(a)1.
1. The name, address, and telephone number of the private school and the name of one or more contact persons at the school.
119.23(6m)(a)2.
2. A list of the names of the members of the private school's governing body and of the private school's shareholders, if any.
119.23(6m)(a)3.
3. A notice stating whether the private school is an organization operated for profit or not for profit. If the private school is a nonprofit organization, the private school shall also provide the applicant with a copy of the certificate issued under section
501 (c) (3) of the Internal Revenue Code verifying that the private school is a nonprofit organization that is exempt from federal income tax.
119.23(6m)(a)4.
4. A copy of the appeals process used if the private school rejects the applicant.
119.23(6m)(a)6.
6. A copy of the non-harassment policy used by the private school, together with the procedures for reporting and obtaining relief from harassment.
119.23(6m)(a)7.
7. A copy of the suspension and expulsion policies and procedures, including procedures for appealing a suspension or expulsion, used by the private school.
119.23(6m)(a)8.
8. A copy of the policy used by the private school for accepting or denying the transfer of credits earned by a pupil attending the private school under this section for the satisfactory completion of coursework at another school.
119.23(6m)(a)9.
9. A copy of the policy governing visitors and visits to the private school, developed as required under
sub. (7) (b) 2m.
119.23(6m)(b)
(b) Annually, by August 1st, provide to the department the material specified in
par. (a) and all of the following information:
119.23(6m)(b)1.
1. The number of pupils attending the private school under this section in the previous school year.
119.23(6m)(b)2.
2. The number of pupils attending the private school other than under this section in the previous school year.
119.23(6m)(b)3.
3. For each of the previous 5 school years in which the private school has participated in the program under this section, all of the following information:
119.23(6m)(b)3.a.
a. The number of pupils who attended the private school under this section and other than under this section in the 12th grade and the number of those pupils who graduated from the private school.
119.23(6m)(b)3.b.
b. The number of pupils who attended the private school under this section and other than under this section in the 8th grade and the number of those pupils who advanced from grade 8 to grade 9.
119.23(6m)(b)3.c.
c. The number of pupils who attended the private school under this section and other than under this section in the 4th grade and the number of those pupils who advanced from grade 4 to grade 5.
119.23(6m)(c)
(c) Provide to the department a signed statement from each individual who is a member of the private school's governing body verifying that the individual is a member of the governing body.
119.23(6m)(d)
(d) Upon request by any pupil, or the parent or guardian of any minor pupil, who is attending or who applies to attend the private school, provide the material specified in
pars. (a) and
(b).
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 an independent 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). The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants.
119.23(7)(am)2.
2. Evidence of sound fiscal and internal control practices, as prescribed by the department by rule. An auditor engaged to evaluate the private school's fiscal and internal control practices shall conduct his or her evaluation, including determining sample sizes, in accordance with attestation standards established by the American Institute of Certified Public Accountants.
119.23(7)(b)
(b) Each private school participating in the program under this section shall do all of the following:
119.23(7)(b)1.
1. Administer to any pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.
119.23(7)(b)2m.
2m. Develop a written policy governing visitors and visits to the private school.
119.23(7)(b)3.
3. Ensure that any teacher's aide employed by the private school has graduated from high school, been granted a declaration of equivalency of high school graduation, or been issued a general educational development certificate of high school equivalency.
119.23(7)(b)3m.
3m. Annually, schedule two meetings at which members of the governing body of the private school will be present and at which pupils, and the parents or guardians of pupils, applying to attend the private school or attending the private school may meet and communicate with the members of the governing body. The private school shall, within 30 days after the start of the school term, notify the department in writing of the scheduled meeting dates and shall, at least 30 days before the scheduled meeting date, notify in writing each pupil, or the parent or guardian of each minor pupil, applying to attend the private school or attending the private school of the meeting date, time, and place.
119.23(7)(b)4.
4. Maintain progress records for each pupil attending the private school under this section while the pupil attends the school and, except as provided under
subd. 7., for at least 5 years after the pupil ceases to attend the school.
119.23(7)(b)5.
5. Upon request, provide a pupil or the parent or guardian of a minor pupil who is attending the private school under this section with a copy of the pupil's progress records.
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)(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:
