119.23 HistoryHistory: 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; 2023 a. 11. 119.23 Cross-referenceCross-reference: See also ch. PI 35, Wis. adm. code. 119.23 AnnotationAlthough 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 AnnotationThe 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 AnnotationMilwaukee Parental Choice Program Upheld. Beard. 75 MLR 673 (1992).
119.23 AnnotationOpening the Door to School Choice in Wisconsin. Is Agnosti v. Felton the Key? Kimball. 81 MLR 843 (1998).
119.23 AnnotationThe Constitutional Implications of School Choice. 1992 WLR 459.
119.235119.235 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 HistoryHistory: 1995 a. 27. 119.24119.24 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 HistoryHistory: 1985 a. 29; 1999 a. 9. 119.25119.25 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.