118.60(2)(a)3.a.a. Except as provided in
subd. 3. b. and
c. and
par. (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 January 10 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 teaching license issued by the department or a bachelor's degree or a degree or educational credential higher than a bachelor's degree, including a masters or doctorate, from a nationally or regionally 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 a nationally or regionally accredited institution of higher education or a teaching license or administrator's license issued by the department.
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.a.
a. “Applicable percentage" means, for the 2015-16 and 2016-17 school years, 1 percent, and for each school year beginning with the 2017-18 school year and ending with the 2025-26 school year, the applicable percentage for the previous school year plus one percentage point.
118.60(2)(be)1.c.
c. “Pupil participation limit" means a school district's membership in the previous school year multiplied by the applicable percentage for the current school year.
118.60(2)(be)2.
2. Except as provided in
subd. 2m., beginning with the 2015-16 school year and ending with the 2025-26 school year, the total number of pupils residing in a school district, other than an eligible school district or a 1st class city school district, who may attend a private school under this section during a school year may not exceed the school district's pupil participation limit for that school year.
118.60(2)(be)2m.
2m. A pupil who resides in a school district, other than an eligible school district or a 1st class city school district, may attend a private school under this section if all of the following apply:
118.60(2)(be)2m.b.
b. The department determines that the total number of applications from pupils residing in the pupil's resident school district exceeded the pupil's resident school district's pupil participation limit.
118.60(2)(be)2m.c.
c. The pupil's application to attend a private school under this section was not accepted under the random process utilized by the department.
118.60(2)(be)2m.d.
d. The private school to which the pupil applied to attend under this section has not exceeded its maximum general capacity or seating capacity.
118.60(2)(be)3.
3. Beginning with the 2026-27 school year, there is no limit on the number of pupils who 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 2015-16 and 2016-17 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 has been continually operating as a private school since 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
par. (ar), a private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. Except as provided in
par. (ar), 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 to the following in accepting applications, in the order of preference listed:
118.60(3)(a)1m.
1m. Pupils who attended the private school under this section during the previous school year.
118.60(3)(a)3.
3. Pupils who attended a different private school under this section or
s. 119.23 during the previous school year.
118.60(3)(a)5.
5. Siblings of those pupils who have been randomly accepted to attend the private school under this section and who did not attend a private school under this section or
s. 119.23 during the previous school year.
118.60(3)(ar)1.1. In the 2015-16 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, 2016, and by May 1 of any school year thereafter, each private school that received applications under
subd. 1. shall report to the department the number of pupils who have applied under
subd. 1. to attend the private school under this section and the names of those applicants that have siblings who have also applied under
subd. 1. to attend the private school under this section.
118.60(3)(ar)3.
3. Annually, upon receipt of the information under
subd. 2., the department shall, for each school district, determine the sum of all applicants for pupils residing in that school district 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 for pupils residing in a school district, the department shall do one of the following:
118.60(3)(ar)3.a.
a. For applications for the 2016-17 and 2017-18 school years, if the total number of applicants does not exceed the school district's pupil participation limit under
sub. (2) (be), the department shall determine which applications each private school may accept on a random basis, except that the department shall give preference to the applications of pupils described in
s. 118.60 (3) (a) 1m. to
5., in the order of preference listed in that paragraph.
118.60(3)(ar)3.am.
am. For applications for the 2018-19 school year and each school year thereafter, if the total number of applicants does not exceed the school district's pupil participation limit under
sub. (2) (be), 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. Annually, if the total number of applicants exceeds the school district's pupil participation limit under
sub. (2) (be), the department shall determine which applications to accept on a random basis, except that the department shall give preference to the applications of pupils described in
s. 118.60 (3) (a) 1m. to
5., in the order of preference listed in that paragraph.
118.60(3)(ar)4.
4. For each school district in which private schools received applications under
subd. 1. that exceeded the school district's pupil participation limit under
sub. (be) [
sub. (2) (be)], the department shall establish a waiting list in accordance with the preferences required under
subd. 3. b.
118.60 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
118.60(3)(ar)5.
5. 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. If, upon receiving notice under this subdivision, the department determines that the number of pupils attending private schools under this section falls below a school district's pupil participation limit under
sub. (2) (be), the department shall fill any available slot in that school district with a pupil selected from the school district's waiting [list] established under
subd. 4., if such a waiting list exists.
118.60 Note
NOTE: A missing word is shown in brackets. Corrective legislation is pending.
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(3)(d)
(d) By the 3rd Friday in September, a pupil or a pupil's parent or guardian shall notify, using a form provided by the department, the department that the pupil is currently participating in the program under this section. The form provided by the department under this paragraph shall require a pupil or a pupil's parent or guardian to indicate the school year during which the pupil first began participating in the program under this section.
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 1, a private school participating in the program under this section shall file with the department a report stating its summer daily attendance for each day of summer school for the purpose of
sub. (4m).
118.60(4)(bg)1.1. In the 2013-14 school year, 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 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.
118.60(4)(bg)2.
2. Except as provided in
subd. 4., in the 2014-15 school year, 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), the lesser of 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 an amount either of $7,210, if the pupil is enrolled in a grade from kindergarten to 8, or of $7,856, if the pupil is enrolled in a grade from 9 to 12.
