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(4)(d)4.
4. Permit a private school to accumulate up to 15 percent of the private school's annual operating and debt service costs related to educational programming in a reserve account and include any increase to that reserved amount in the department's determination of the private school's operating and debt service costs related to programming for that school year.
119.23(4m)(a)(a) In addition to the payment under
sub. (4), the state superintendent shall, subject to
par. (b), pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending summer school in the private school under this section during a summer and in the manner described in
sub. (4) (c), an amount determined as follows:
119.23(4m)(a)1.
1. Determine the maximum amount that could have been paid, at the end of the immediately preceding school term, per pupil under
sub. (4) (bg) for the grade in which the pupil is attending summer school under this section.
119.23(4m)(b)
(b) A participating private school may receive a per pupil payment under
par. (a) if all of the following are satisfied:
119.23(4m)(b)1.
1. The private school offers no fewer than 19 summer days of instruction during that summer.
119.23(4m)(b)2.
2. Each summer day of instruction offered by the private school under
subd. 1. is comprised of no fewer than 270 minutes of instruction.
119.23(4m)(b)3.
3. Each pupil for whom the private school seeks a payment under
par. (a) attends no fewer than 15 days of summer instruction at the private school during that summer.
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(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 and in the program under
s. 118.60.
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)(ad)1.1. If a private school participating in the program under this section or
s. 118.60 and accredited under
sub. (2) (a) 7. to offer instruction in any elementary grade, but not any high school grade, seeks to offer instruction in any high school grade, the private school shall apply for and achieve accreditation to offer instruction in the additional grades in the manner established under
sub. (2) (a) 7. br.
119.23(7)(ad)2.
2. If a private school participating in the program under this section or
s. 118.60 and accredited under
sub. (2) (a) 7. to offer instruction in any high school grade, but not any elementary grade, seeks to offer instruction in any elementary grade, the private school shall apply for and achieve accreditation to offer instruction in the additional grades in the manner established under
sub. (2) (a) 7. br.
119.23(7)(ad)3.
3. The governing body of a private school participating in the program under this section and accredited as required under
subds. 1. and
2. and
sub. (2) (a) 7. shall ensure that the private school continuously maintains accreditation from an accrediting entity as long as the private school continues to participate in the program under this section.
119.23(7)(ag)
(ag) If a participating private school learns that an accrediting organization with which the private school is maintaining accreditation, as required under
par. (ad), is a disqualified organization, the private school shall immediately notify the department in writing of this fact and shall obtain accreditation from an accrediting entity no later than 3 years from the date on which the private school learned that the accrediting organization is a disqualified organization.
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) (bg). 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. If a private school participating in the program under this section also accepts pupils under
s. 118.60, the private school may submit one comprehensive financial audit to satisfy the requirements of this subdivision and
s. 118.60 (7) (am) 1. The private school shall include in the comprehensive financial audit the information specified under
s. 118.60 (7) (am) 1.
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)(ao)
(ao) By November 1 of the first school term in which a private school participates in the program under this section, the private school shall submit to the department on a form provided by the department a budget reflecting the enrollments in the private school on the immediately preceding 3rd Friday in September and any related changes in revenues, costs, and cash flow requirements.
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, or has obtained a degree or educational credential higher than a high school diploma, declaration of equivalency of high school graduation, or 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:
119.23(7)(d)1.b.
b. A copy of the school's current certificate of occupancy issued by the municipality within which the school is located. 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 municipality within which the school is located 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). If the municipality within which the private school is located does not issue certificates of occupancy, the private school may submit a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy or a letter or form from the municipality within which the private school is located that explains that the municipality does not issue certificates of occupancy. 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)
(e) 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.
119.23(7)(em)1.1. Beginning in the 2013-14 school year, the governing body of each private school participating in the program under this section shall, subject to
subd. 2., annually, by January 15, provide the department with evidence demonstrating that the private school remains accredited for the current school year as required under
par. (ad). The governing body shall include as evidence of accreditation a letter prepared by an accrediting entity that confirms that the private school is accredited by that entity as of the date of the letter.
119.23(7)(em)2.
2. The governing body shall immediately notify the department if its accreditation status changes.
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)
(9) If any accrediting or preaccrediting entity determines during the accrediting or preaccrediting process that a private school does not meet all of the requirements under
s. 118.165 (1), it shall report that failure to the department.
119.23(10)(a)(a) The state superintendent may issue an order barring a private school from participating in the program under this section in the current school year if the state superintendent determines that the private school has done any of the following:
119.23(10)(a)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.
