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)3.
3. Proof that the private school's administrator has participated in a fiscal management training program approved by the department.
119.23(7)(dr)
(dr) A private school participating in the program under this section may elect to maintain an electronic copy of any application submitted on behalf of and any correspondence to or about a pupil attending the private school under this section instead of a paper copy of the application or correspondence. The private school shall maintain electronic copies of pupil applications and correspondence for a period of at least 5 years.
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) or examinations permitted under s.
118.301 (3) 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. The governing body of each private school participating in the program under this section shall, subject to subd.
2., annually, by August 1, 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 notice prepared by an accrediting entity that confirms that the private school is accredited by that entity as of the date of the notice.
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(7)(h)
(h) Beginning in the 2018-19 school year, each private school participating in the program under this section shall conduct criminal background investigations of its employees and exclude from employment any person not permitted to hold a teaching license as the result of an offense and any person who might reasonably be believed to pose a threat to the safety of others.
119.23(7m)(a)(a) By May 1 before the first school term that a private school participates in the program under this section or s.
118.60, a private school shall submit to the department one of the following:
119.23(7m)(a)1.
1. A surety bond payable to the state in an amount equal to 25 percent of the total amount of payments the private school expects to receive under this section and s.
118.60 during the first school year the private school participates in the program under this section.
119.23(7m)(a)2.
2. A complete anticipated budget, on a form provided by the department, for the first fiscal period of participation in the program under this section and evidence of financial viability, as prescribed by the department by rule. The private school shall include in the budget the 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 private school shall include in the budget contingent funding sources the private school will use in the event that actual enrollments are less than expected.
119.23(7m)(b)1.1. If a private school submits a surety bond under par.
(a) 1., the private school shall annually provide, by May 1, a surety bond payable to the state until the private school submits all of the following to the department:
119.23(7m)(b)1.a.
a. A financial audit prepared in accordance with generally accepted accounting principles with allowable modifications for long-term fixed assets that does not contain any indicators that the private school is not financially viable.
119.23(7m)(b)1.b.
b. Evidence of sound fiscal and internal control practices under sub.
(7) (am) 2m. b. for the school year in the financial audit submitted under subd.
1. a. and for the subsequent school year, neither of which indicates that the private school is not financially viable.
119.23(7m)(b)2.
2. A private school shall provide a surety bond under this paragraph in an amount equal to 25 percent of the total amount of payments the private school expects to receive under this section and s.
118.60 during the following school year.
119.23(7m)(c)
(c) If a private school submits a complete anticipated budget under par.
(a) 2., the department shall determine whether the private school is financially viable by August 1. If the department determines that the private school is not financially viable, the private school is not eligible to participate in the program under this section or s.
118.60 in the current school year.
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(9m)
(9m) Beginning in September 2016, and annually thereafter, the governing body of a private school participating in the program under this section that maintains an Internet site for the private school shall, if the private school is included in the most recent accountability report published under s.
115.385, within 30 days after the department publishes the accountability report, prominently link on the home page of that Internet site to the pages in that most recent accountability report concerning the private school.
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)1.
1. Intentionally or negligently misrepresented any information required under this section or any rule promulgated under this section.
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)8.
8. Before the end of a 7-year period beginning on the date of an order issued by the state superintendent under this subsection, retained a disqualified person, for compensation or as a volunteer, as an owner, officer, director, trustee, administrator, person designated by the administrator to assist in processing pupil applications, or person responsible for administrative, financial, or pupil health and safety matters.
119.23(10)(am)
(am) If the state superintendent determines that any of the following have occurred, he or she may issue an order barring the private school from participating in the program under this section in the following school year:
119.23(10)(am)2.
2. The private school's application for accreditation has been denied by the accrediting entity.
119.23(10)(am)4.
4. The private school intentionally or negligently misrepresented any information required under this section or any rule promulgated under this section.
119.23(10)(ar)1.1. If the state superintendent determines that a private school has failed to continuously maintain accreditation as required under sub.
(7) (ad), that the governing body of the private school has withdrawn the private school from the accreditation process, or that the private school's accreditation has been revoked, denied, or terminated by an accrediting agency, the state superintendent shall issue an order barring the private school's participation in the program under this section at the end of the current school year.
119.23(10)(ar)2.
2. A private school whose participation in the program under this section is barred under subd.
1. may not participate in the program under this section or under s.
118.60 until the governing body of the private school demonstrates to the satisfaction of the department that it has obtained accreditation from an accrediting entity, provided the accreditation is from an entity other than the entity with which the private school failed to continuously maintain accreditation or, if the private school's accreditation was revoked, denied, or terminated, other than the entity that revoked, denied, or terminated the private school's accreditation.
119.23(10)(b)
(b) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that conditions at the private school present an imminent threat to the health or safety of pupils.
119.23(10)(c)
(c) Whenever the state superintendent issues an order under par.
(a),
(am),
(ar), or
(b), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.
119.23(10)(d)
(d) The state superintendent may withhold payment from a private school under subs.
(4) and
(4m) if the private school violates this section or s.
115.383 (3) (b).
119.23(11)
(11) The department shall do all of the following:
119.23(11)(a)
(a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub.
(7) (am) that exceed the standards established by the American Institute of Certified Public Accountants.
119.23(11)(b)
(b) Notify each private school participating in the program under this section of any proposed changes to the program or to administrative rules governing the program, including changes to application or filing deadlines but not including changes to provisions governing health or safety, prior to the beginning of the school year in which the change takes effect.
119.23(11)(c)
(c) Within 10 days after receiving the information submitted as required under sub.
(7) (em), notify the participating private school of receipt of accreditation status.
119.23(11)(d)
(d) When the department publicly releases data related to enrollment of, standardized test results for, applications submitted by, waiting lists for pupils participating in or seeking to participate in the program under this section, release the data all at the same time, uniformly, and completely.
119.23(12)
(12) During the public health emergency declared on March 12, 2020, by executive order 72, if a private school participating in the program under this section is closed for at least 10 school days in a school year by a local health officer, as defined in s.
250.01 (5), or the department of health services, in the school year during which the school is closed and the following school year, the department may not withhold payment from the private school under sub.
(10) (d) or bar the private school from participating in the program under sub.
(10) (a),
(am), or
(ar) for failing to comply with a requirement under this section or a rule promulgated under this section if all of the following occur:
119.23(12)(a)
(a) The private school submits information to the department that explains how the school closure impacted the private school's ability to comply with the requirement and any action the private school took to mitigate the consequences of not complying with the requirement.
119.23(12)(b)
(b) The department determines that the private school's failure to comply with the requirement was caused by the closure.
119.23 History
History: 1989 a. 336;
1993 a. 16;
1995 a. 27 ss.
4002 to
4009,
9145 (1);
1995 a. 216;
1997 a. 27,
113;
1999 a. 9;
2001 a. 16,
105;
2003 a. 33,
155;
2005 a. 25,
125;
2009 a. 28,
96;
2011 a. 32,
47;
2013 a. 8,
20,
165;
2013 a. 166 s.
77;
2013 a. 237,
256;
2015 a. 55,
195,
212,
297,
338;
2017 a. 36,
59;
2017 a. 364 ss.
48,
49;
2019 a. 55,
185;
2021 a. 30;
2021 a. 238 s.
45;
2021 a. 239 s.
74.
119.23 Cross-reference
Cross-reference: See also ch.
PI 35, Wis. adm. code.
119.23 Annotation
Although portions of the plaintiff's property were located in Milwaukee, the school itself was not when its buildings were not in the city and it was unable to obtain a certificate of occupancy from Milwaukee as required under sub. (7) (d). Without the requisite certificate on file, the plaintiff was ineligible to participate in the choice program under this section. Thomas More High School v. Burmaster,
2005 WI App 204,
287 Wis. 2d 220,
704 N.W.2d 349,
04-2511.
119.23 Annotation
The Cleveland, Ohio, school choice program, which provides tuition aid to parents who may use the money to pay tuition to private, religious schools, does not violate the establishment of religion clause of the 1st amendment. When an aid program is neutral with respect to religion and provides assistance to a broad class of citizens who, in turn, direct the aid to religious schools through individual choice, the program is not subject to challenge. Zelman v. Simmons-Harris,
536 U.S. 639,
122 S. Ct. 2460,
153 L. Ed. 2d 604 (2002).
119.23 Annotation
Milwaukee Parental Choice Program Upheld. Beard. 75 MLR 673 (1992).
119.23 Annotation
Opening the Door to School Choice in Wisconsin. Is Agnosti v. Felton the Key? Kimball. 81 MLR 843 (1998).
119.23 Annotation
The Constitutional Implications of School Choice. 1992 WLR 459.
119.235
119.235
Contracts with private schools and agencies. 119.235(1)(1)
The board may contract with any nonsectarian private school located in the city or any nonsectarian private agency located in the city to provide educational programs to pupils enrolled in the school district operating under this chapter. The board shall ensure that each private school or agency under contract with the board complies with ss.
118.125 and
118.13,
20 USC 1232g,
20 USC 1681 to
1688,
20 USC 3171 to
3197,
29 USC 794,
42 USC 2000d and
42 USC 6101 to
6107, and all health and safety laws and rules that apply to public schools.
119.235(2)
(2) Each private school or agency under contract with the board shall do all of the following:
119.235(2)(b)
(b) Participate in the board's parent information program.
119.235(2)(c)
(c) Offer diverse opportunities for parents to participate in the school's programs.
119.235(2)(d)
(d) Meet insurance and financial requirements established by the board.
119.235(2)(e)
(e) Develop a pupil recruitment and enrollment plan that incorporates all of the following:
119.235(2)(e)2.
2. A pupil selection process that gives preference to the siblings of enrolled pupils and that gives no other preferences except those approved by the board.
119.235(2)(e)3.
3. A statement describing how the plan will serve the needs of low-academic achievers and pupils from low-income families.
119.235(2)(f)
(f) Report to the board any information requested by the board.
119.235(3)
(3) Any pupil enrolled in the school district operating under this chapter may attend, at no charge, any private school or agency with which the board has contracted under sub.
(1) if space is available in the private school or agency.
119.235(4)
(4) The board shall establish appropriate, quantifiable performance standards for pupils at each private school or agency with which it contracts in such areas as attendance, reading achievement, pupil retention, pupil promotion, parent surveys, credits earned and grade point average.
119.235(5)
(5) Annually, the board shall monitor the performance of the program under this section. The board may use the results of standardized basic educational skills tests to do so. The board shall include a summary of its findings in its annual report to the state superintendent under s.
119.44.
119.235 History
History: 1995 a. 27.
119.24
119.24
Admission of pupils. A pupil may attend a school in an attendance district other than the one in which he or she resides with the written permission of the superintendent of schools. Beginning in the 2000-01 school year, the board shall provide spaces in each school for pupils who reside outside the attendance district for the school, but shall fill any unused spaces with pupils who reside in the attendance district. A pupil who attends a school may continue to attend that school until he or she graduates from the school and each sibling of that pupil shall be given priority over other pupils in the process of admission for that school.
119.24 History
History: 1985 a. 29;
1999 a. 9.
119.25
119.25
Expulsion of pupils. 119.25(1)(1)
The board may adopt a resolution, which is effective only during the school year in which it is adopted, authorizing any of the following to determine pupil expulsion from school under sub.
(2) instead of using the procedure under s.
120.13 (1) (c):
119.25(1)(a)
(a) An independent hearing panel appointed by the board.
119.25(1)(b)
(b) An independent hearing officer appointed by the board.
119.25(2)(a)(a) During any school year in which a resolution adopted under sub.
(1) is effective, the independent hearing officer or independent hearing panel appointed by the board:
