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
pars. (ag) and
(ar), any pupil in grades kindergarten to 12 who resides within an eligible school district may attend any private school under this section and, subject to
pars. (ag),
(ar),
(be),
(bm), and
(bs), any pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, may attend any private school under this section if all of the following apply:
118.60(2)(a)1.a.a. Except as provided in
par. (bm), 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.
2. For a pupil that resides in an eligible school district, the pupil satisfies one or more of the following:
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. and
c. and
sub. (2) (ag) 1., the private school notified the state superintendent of its intent to participate in the program under this section or in the program under
s. 119.23, 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 and in the program under
s. 119.23 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)3.c.
c. For a private school that intends to participate in the program under this section and to accept pupils who reside in a school district, other than an eligible school district or a 1st class city school district, in the 2013-14 school year, the private school notified the state superintendent of its intent to participate and paid the nonrefundable fee set by the department as required under
s. 119.23 (2) (a) 3. by July 26, 2013. The private school shall include an electronic mail address on the notice of intent to participate and shall specify the number of pupils who reside in a school district, other than an eligible school district or a 1st class city school district, for which the school has space. The department shall notify the private school that it has received the notice of intent to participate in writing and by electronic mail by July 31, 2013.
118.60(2)(a)3g.
3g. By May 1 before the first term of participation in the program under this section, the private school submits to the department, on a form provided by the department, a complete anticipated budget for the first fiscal period of participation in the program under this section. The governing body shall include on the completed form anticipated enrollments for all pupils enrolled in the private school and for pupils enrolled in the private school under this section; estimated revenues and costs; a schedule of anticipated beginning and ending net choice program assets; and a schedule of monthly cash flow requirements. The governing body shall include in the budget contingent funding sources the private school will use in the event that actual enrollments are less than expected.
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. and
d., all of the private school's teachers have a bachelor's degree or a degree or educational credential higher than a bachelor's degree, including a masters or doctorate, 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)6.d.
d. Any teacher employed on July 1, 2013, by a private school that accepts pupils under the program who reside in a school district, other than an eligible school district or a 1st class city school district, 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. d., 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. d. is valid after July 31 of the 5th school year that begins after July 1, 2013.
118.60(2)(a)7.a.a. For a private school that was a first-time participant in the program under this section before April 10, 2014, and that is not accredited by an accrediting entity, the private school obtains accreditation from an accrediting entity by December 31 of the 3rd school year following the first school year in which the private school began participating in the program under this section. If the private school is accredited under this
subd. 7. a., the private school is not required to obtain preaccreditation under
subd. 7. b. as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.
118.60(2)(a)7.b.
b. Each private school that begins participation in the program under this section on or after April 10, 2014, and that is not accredited by an accrediting entity, shall obtain preaccreditation by a preaccrediting entity by August 1 before the first school term in which the private school begins participation in the program under this section, or by May 1 if the private school begins participating in the program during summer school. In any school year, a private school to which this
subd. 7. b. applies may apply for and seek to obtain preaccreditation from only one preaccrediting entity. A private school to which this
subd. 7. b. applies that fails to obtain preaccreditation as required under this
subd. 7. b. may not participate in the program under this section or under
s. 119.23 until preaccreditation has been obtained, but the private school may apply for and seek to obtain preaccreditation from a preaccrediting entity for the following school year.
118.60(2)(a)7.c.
c. A private school to which
subd. 7. b. applies shall apply for accreditation by an accrediting entity by December 31 of the first school year that begins after April 10, 2014, in which the private school begins participation in the program under this section, and shall achieve accreditation by an accrediting entity 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
subd. 7. c., the private school is not required to obtain preaccreditation under
subd. 7. b. 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)(ag)
(ag) The governing body of a new private school shall comply with all of the following before the new private school may participate in the program under this section:
118.60(2)(ag)1.
1. By August 1 of the school year immediately preceding the school year in which the new private school intends to participate in the program under this section, complete and submit to the department the following on forms provided by the department:
118.60(2)(ag)1.a.
a. A notice of intent to participate and agreement to comply with procedural requirements.
118.60(2)(ag)1.b.
b. A complete anticipated budget for the first fiscal period of participation in the program under this section showing that the private school will have a positive cash flow in each month of the fiscal period and no operating deficit. The governing body shall include on the completed form anticipated enrollments for all pupils enrolled in the new private school and for pupils enrolled in the new private school under this section; estimated revenues and costs; a schedule of anticipated beginning and ending net choice program assets; and a schedule of monthly cash flow requirements. The governing body shall include in the budget contingent funding sources the new private school will use in the event that actual enrollments are less than expected.
118.60(2)(ag)1.c.
c. The nonrefundable fee established by the department, as required under
s. 119.23 (2) (a) 3., for the school year in which the fee is paid by the new private school. If the amount of the fee paid by the new private school under this
subd. 1. c. increases for the school year in which the new private school will first participate in the program under this section, the new private school shall pay the difference between the fee paid and the fee due to the department. If the amount of the fee paid by the new private school under this
subd. 1. c. decreases for the school year in which the new private school will first participate in the program under this section, the department shall refund the new private school the difference between the fee paid and the fee due to the department.
118.60(2)(ag)2.a.a. By August 1 of the school year immediately preceding the school year in which the new private school intends to participate in the program under this section, submit to the department the information required under
sub. (6m) (a) and
(c).
118.60(2)(ag)2.b.
b. If, at the time the new private school submits the information required under
subd. 2. a., the new private school does not have a physical property within which the private school intends to operate, submit a mailing address of an administrator of the private school.
118.60(2)(ag)3.
3. By August 1 of the school year immediately preceding the school year in which the new private school intends to participate in the program under this section, submit to the department a statement indicating which of the standards under
sub. (7) (a) the private school intends to meet.
118.60(2)(ag)4.
4. Notwithstanding the deadline to obtain preaccreditation under
sub. (2) (a) 7. b., by December 15 of the school year immediately preceding the school year in which the new private school intends to participate in the program under this section, obtain preaccreditation from a preaccrediting entity.
118.60(2)(ag)5.
5. By August 1 of the first school year in which the new private school intends to participate in the program under this section, demonstrate to the satisfaction of the department that the new private school has contracted with a 3rd-party payroll service that will remit federal and state payroll taxes for each employee of the new private school for the duration of the school year.
118.60(2)(ar)
(ar) By December 31 of the school year immediately preceding the school year in which a new private school intends to participate in the program under this section, the department shall notify the new private school in writing whether it has satisfied those requirements under
par. (ag) that must be satisfied before December 31. If the department determines that the new private school has not satisfied those requirements, the new private school may not participate in the program under this section in the following school year, but may reinitiate the process under
par. (ag) for the next following school year.
118.60(2)(be)1.1. In the 2013-14 school year, no more than 500 pupils, as counted under
s. 121.004 (7), who reside in a school district, other than an eligible school district or a 1st class city school district, may attend private schools under this section.
118.60(2)(be)2.
2. In the 2014-15 school year and in each school year thereafter, no more than 1,000 pupils, as counted under
s. 121.004 (7), who reside in a school district, other than an eligible school district or a 1st class city school district, may attend private schools under this section.
118.60(2)(be)3.
3. In any school year, no more than 1 percent of the membership, as defined under
s. 121.004 (5), of any one school district, other than an eligible school district or a 1st class city school district, may attend private schools under this section.
118.60(2)(bm)
(bm) No pupil who resides in a school district, other than an eligible school district or a 1st class city school district, may attend a participating private school under this section unless the pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.85 times the poverty level, determined in accordance with criteria established by the director of the federal office of management and budget. In this paragraph 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
par. (a) 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)(bs)
(bs) In the 2013-14 and 2014-15 school years, a private school may accept pupils who reside in a school district, other than an eligible school district or a 1st class city school district, under this section only if the private school was operating as a private school on May 1, 2013.
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. Subject to
pars. (ag) and
(ar), a private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. Except as provided in
pars. (ag) and
(ar), the state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that:
118.60(3)(a)1.
1. The private school may give preference in accepting applications to any of the following:
118.60(3)(a)1.a.
a. Pupils who attended the private school under this section during the school year prior to the school year for which the application is being made.
118.60(3)(a)1.b.
b. Siblings of pupils who attended the private school during the school year prior to the school year for which the application is being made and to siblings of pupils who have been accepted to the private school for the school year for which the application is being made.
118.60(3)(a)1.c.
c. Pupils who attended another private school under this section or
s. 119.23 during the school year prior to the school year for which the application is being made.
118.60(3)(a)2.
2. For a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, the private school shall give preference to a pupil who satisfies any of the following:
118.60(3)(a)2.a.
a. The pupil was enrolled in a public school in the school district in the previous year and is applying to attend a participating private school in grade 2 through 8 or grade 10 through 12.
118.60(3)(a)2.b.
b. The pupil was not enrolled in school in the previous school year.
118.60(3)(ag)1.1. In the 2013-14 school year, a private school that has submitted a notice of intent to participate under
sub. (2) (a) 3. c. may begin accepting applications beginning on August 1, 2013, from pupils who reside in a school district, other than an eligible school district or a 1st class city school district.
118.60(3)(ag)2.
2. By August 9, 2013, each private school that has received applications under
subd. 1. shall report to the department the name of each pupil who has applied to attend the private school under this section, the total number of pupils that have applied to attend the private school under this section, the names of those applicants that have siblings who have also applied to attend the private school under this section, and the number of such sibling applicants.
118.60(3)(ag)3.
3. Upon receipt of the information under
subd. 2., the department shall determine the sum of all applicants under this paragraph. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program only once. After determining the sum of all applicants, the department shall do one of the following:
118.60(3)(ag)3.a.
a. If the total number of applicants does not exceed the pupil participation limit established under
sub. (2) (be) 1., the department shall immediately notify the private schools that all applicants reported under
subd. 2. may be accepted into the private schools under the program for the 2013-14 school year.
118.60(3)(ag)3.b.
b. Subject to
subd. 7., if the total number of applicants exceeds the pupil participation limit established under
sub. (2) (be) 1., the department shall notify those 25 private schools that received the most applications that the private school may accept pupils who reside in a school district, other than an eligible school district or a 1st class city school district, under this section. Upon the request of the governing body of a private school, the department shall include in its count of 25 private schools more than one unique campus location of a private school operating under one federal tax identification number if each such campus location otherwise qualifies to be included in the count under this
subd. 3. b. The department shall allocate to each of the 25 private schools 10 pupil slots and shall fill each slot by random drawing. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling. The department shall fill the remaining 250 spaces by random drawing from applications submitted to those 25 schools. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling.
118.60(3)(ag)4.a.a. The department shall establish and maintain a waiting list for those applicants who were not selected in a random drawing conducted under
subd. 3. b., and shall give preference to siblings.
118.60(3)(ag)4.b.
b. The department shall refund the nonrefundable fee set by the department as required under
s. 119.23 (2) (a) 3. to any private school that did not accept applications under this section or
s. 119.23 in the 2012-13 school year and that did not get included in the count of 25 private schools under
subd. 3. b.
118.60(3)(ag)5.a.a. A private school that has been authorized to accept pupils under
subd. 3. a. may accept additional applications from pupils who reside in a school district, other than an eligible school district or a 1st class city school district, and who wish to attend the private school under this section, only during the periods that apply to an eligible school district. If a private school accepts additional applications from pupils as permitted under this
subd. 5. a., the private school shall notify the department each time the private school receives an application.
118.60(3)(ag)5.b.
b. If, upon receipt of a notice under
subd. 5. a., the department determines that the total number of pupils who have applied to attend private schools under this paragraph will exceed the pupil participation limit under
sub. (2) (be) 1., the department shall establish and administer a waiting list in the manner provided under
subd. 4.
118.60(3)(ag)6.
6. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. The department shall fill any such available slot with a pupil selected at random from a waiting list established under
subd. 4., if such a waiting list exists, but shall give preference to a sibling of a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, and who is attending the private school under this section.
118.60(3)(ag)7.
7. A private school that participated in the program under this section or under
s. 119.23 in the 2012-13 school year may not be selected as one of the 25 schools under
subd. 3. b.
118.60(3)(ar)1.1. In the 2014-15 school year and any school year thereafter, a private school that has submitted a notice of intent to participate under
sub. (2) (a) 3. a. may accept applications for the following school year between February 1 and April 20 from pupils who reside in a school district, other than an eligible school district or a 1st class city school district.
118.60(3)(ar)2.
2. By May 1, 2014, and by May 1 of any school year thereafter, each private school that has received applications under
subd. 1. shall report to the department the name of each pupil who has applied to attend the private school under this section, the total number of pupils that have applied to attend the private school under this section, the names of those applicants that have siblings who have also applied to attend the private school under this section, and the number of such sibling applicants.
118.60(3)(ar)3.
3. Upon receipt of the information under
subd. 2., the department shall determine the sum of all applicants under this paragraph. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program only once. After determining the sum of all applicants, the department shall do one of the following:
118.60(3)(ar)3.a.
a. If the total number of applicants does not exceed the pupil participation limit established under
sub. (2) (be) 2., the department shall immediately notify the private schools that all applicants reported under
subd. 2. may be accepted into the private schools under the program for the next school year.
118.60(3)(ar)3.b.
b. Subject to
subd. 7., if the total number of applicants exceeds the pupil participation limit established under
sub. (2) (be) 2., the department shall allocate to those private schools that participated in the program in the preceding school year the same number of slots held by pupils participating in the program under this section in that school year. The department shall allocate the remaining slots to those private schools that received the most applications in the manner set forth under
par. (ag) 3. b. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling.
118.60(3)(ar)4.
4. The department shall establish and maintain a waiting list for those applicants who were not selected in a random drawing conducted under
subd. 3. b., and shall give preference to siblings.
118.60(3)(ar)5.a.a. A private school that has been authorized to accept pupils under
subd. 3. a. may accept additional applications from pupils who reside in a school district, other than an eligible school district or a 1st class city school district, and who wish to attend the private school under this section, only during the periods that apply to an eligible school district. If a private school accepts additional applications from pupils as permitted under this
subd. 5. a., the private school shall notify the department each time the private school receives an application.
118.60(3)(ar)5.b.
b. If, upon receipt of a notice under
subd. 5. a., the department determines that the total number of pupils who have applied to attend private schools under this paragraph will exceed the pupil participation limit under
sub. (2) (be) 2., the department shall establish and administer a waiting list in the manner provided under
subd. 4.
118.60(3)(ar)6.
6. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. The department shall fill any such available slot with a pupil selected at random from a waiting list established under
subd. 4., if such a waiting list exists, but shall give preference to a sibling of a pupil who resides in a school district other than an eligible school district and who is attending the private school under this section.
118.60(3)(ar)7.
7. A private school that participated in the program under this section or under
s. 119.23 in the 2012-13 school year may not be selected as one of the 25 schools under
subd. 3. b. for the 2014-15 school year.
118.60(3)(b)
(b) If a participating private school rejects an applicant who resides within an eligible school district because the private school 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(3)(c)
(c) If a participating private school rejects an applicant who resides in a school district, other than an eligible school district or a 1st class city school district, because the private school 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, subject to
sub. (2) (be) and
(bm), be admitted to a private school participating in the program under this section for the following school year.
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:
