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.
118.60(4)(bg)3.
3. In the 2015-16 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, except as provided in
subd. 5., 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 sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under
s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under
s. 118.40 (2r) (e) 2p., if positive.
118.60(4)(bg)4.
4. If the pupil described in
subd. 2. is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, 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 determined as follows:
118.60(4)(bg)4.a.
a. Multiply the number of pupils participating in the program under this section who are enrolled in the private school in any grade between kindergarten to 8 by $7,210.
118.60(4)(bg)4.b.
b. Multiply the number of pupils participating in the program under this section who are enrolled in the private school in any grade between 9 to 12 by $7,856.
118.60(4)(bg)4.d.
d. Divide the amount determined under
subd. 4. c. by the total number of pupils participating in the program under this section who are enrolled at the private school.
118.60(4)(bg)5.
5. If the pupil described in
subd. 3. is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, the state superintendent shall substitute for the amount described in
subd. 3. the amount determined under
subd. 4. a. to
d., with the following modifications:
118.60(4)(bg)5.a.
a. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between kindergarten to 8 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under
s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under
s. 118.40 (2r) (e) 2p., if positive.
118.60(4)(bg)5.b.
b. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between 9 to 12 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under
s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under
s. 118.40 (2r) (e) 2p., if positive.
118.60(4)(c)
(c) The state superintendent shall pay 25 percent of the total amount under this subsection in September, 25 percent in November, 25 percent in February, and 25 percent 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.
118.60(4d)(a)(a) In this subsection, “incoming choice pupil" means a pupil who resides in a school district, other than a 1st class city school district, who begins participating in the program under this section in the 2015-16 school year or any school year thereafter, and who is enrolled in a private school under this section.
118.60(4d)(b)1.1. Beginning in the 2015-16 school year, subject to
s. 121.085 (1), the department shall decrease a school district's state aid payment under
s. 121.08 by an amount calculated as follows:
118.60(4d)(b)1.a.
a. Identify the incoming choice pupils residing in the school district for whom a payment is made under
sub. (4) (bg) in that school year.
118.60(4d)(b)1.c.
c. Identify the incoming choice pupils residing in the school district for whom a payment is made under
sub. (4m) in that school year.
118.60(4d)(b)2.
2. If a school district's state aid payment under
s. 121.08 is insufficient to cover the reduction under
subd. 1., as determined under
s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount.
118.60(4d)(b)3.
3. The department shall ensure that the aid adjustment under
subd. 1. does not affect the amount determined to be received by a school district as state aid under
s. 121.08 for any other purpose.
118.60(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:
118.60(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.
118.60(4m)(b)
(b) A participating private school may receive a per pupil payment under
par. (a) if all of the following are satisfied:
118.60(4m)(b)1.
1. The private school offers no fewer than 19 summer days of instruction during that summer.
118.60(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.
118.60(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.
118.60(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 of the school district within which the pupil resides, from the appropriation under
s. 20.255 (2) (fv), the amount determined, for each pupil who had been attending the private school under this section in that school year and who enrolls in the school district within which the pupil resides in that school year, as follows:
