This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
  Date of enactment: July 19, 2017
2017 Senate Bill 293   Date of publication*: July 20, 2017
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2017 WISCONSIN ACT 36
An Act to repeal 118.60 (2) (a) 2m., 118.60 (2) (ag) 3., 118.60 (3) (ar) 3. a. and am., 118.60 (6m) (b) 1. and 2., 118.60 (6m) (b) 4., 118.60 (7) (a), 118.60 (7) (ao), 118.60 (7) (d) 2., 118.60 (10) (a) 4., 119.23 (2) (ag) 3., 119.23 (6m) (b) 1. and 2., 119.23 (6m) (b) 4., 119.23 (7) (a), 119.23 (7) (ao), 119.23 (7) (d) 2. and 119.23 (10) (a) 4.; to renumber 115.7915 (4) (a) 1.; to renumber and amend 115.7915 (4) (a) 2., 115.7915 (4) (b), 118.60 (2) (a) 3g. and 119.23 (2) (a) 3g.; to consolidate, renumber and amend 118.60 (3) (ar) 3. (intro.) and b.; to amend 20.255 (1) (j), 115.77 (1m) (bg), 115.7915 (2) (c), 115.7915 (2) (f), 115.7915 (2) (h), 115.7915 (3) (c), 115.7915 (5) (b), 115.7915 (6) (e), 115.7915 (8) (a) 1., 118.225 (intro.), 118.30 (1s) (intro.), 118.30 (1s) (d), 118.30 (1t) (intro.), 118.30 (1t) (d), 118.30 (2) (c), 118.56 (1), 118.60 (1) (ab), 118.60 (2) (a) 1. a., 118.60 (2) (a) 1. b., 118.60 (2) (a) 2. (intro.), 118.60 (2) (a) 2. a., 118.60 (2) (a) 2. c., 118.60 (2) (a) 8., 118.60 (2) (ag) 2. a., 118.60 (3) (a) (intro.), 118.60 (3) (a) 1m., 118.60 (3) (ar) 1., 118.60 (3) (ar) 2., 118.60 (3) (ar) 4., 118.60 (3) (c), 118.60 (4) (a), 118.60 (6m) (b) (intro.), 118.60 (6m) (c), 118.60 (7) (am) 2m. a., 118.60 (7) (an) 1., 118.60 (7) (d) (intro.), 118.60 (7) (em) 1., 118.60 (10) (a) 1., 118.60 (10) (a) 5., 118.60 (10) (a) 6., 119.23 (1) (ab) 1., 119.23 (2) (a) 1. b., 119.23 (2) (a) 1. d., 119.23 (2) (a) 3., 119.23 (2) (a) 8., 119.23 (2) (ag) 2. a., 119.23 (3) (a) (intro.), 119.23 (3) (a) 1., 119.23 (4) (a), 119.23 (6m) (b) (intro.), 119.23 (6m) (c), 119.23 (7) (am) 2m. a., 119.23 (7) (an) 1., 119.23 (7) (em) 1., 119.23 (10) (a) 1., 119.23 (10) (a) 5., 119.23 (10) (a) 6., 121.90 (1) (f) (intro.) and 121.91 (4) (n) 1.; and to create 115.7915 (6) (j), 118.60 (2) (a) 1. d., 118.60 (2) (a) 2. e., 118.60 (2) (a) 2. f., 118.60 (3) (ar) (intro.), 118.60 (3) (ar) 6., 118.60 (3m) (am) 1. h., 118.60 (4v), 118.60 (6m) (bm), 118.60 (6p), 118.60 (7) (h), 118.60 (7m), 118.60 (10) (am) 4., 119.23 (3m) (am) 1. h., 119.23 (4v), 119.23 (6m) (bm), 119.23 (6p), 119.23 (7) (h), 119.23 (7m), 119.23 (10) (am) 4. and 121.90 (1) (g) of the statutes; relating to: parental choice programs, the Special Needs Scholarship Program, granting rule-making authority, and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
36,1 Section 1. 20.255 (1) (j) of the statutes is amended to read:
20.255 (1) (j) Milwaukee Parental Choice Program and the parental choice program for eligible school districts and other school districts; financial audits. All moneys received under ss. 118.60 (2) (a) 3. and (ag) 1. c. and 119.23 (2) (a) 3. and (ag) 1. c. to be used to evaluate the financial information submitted under s. 119.23 (7) (d) 2., 2015 stats., and s. 119.23 (7) (am) and (d) 2. and 3. and (7m) (a) 2. by private schools participating in the Milwaukee Parental Choice Program and under s. 118.60 (7) (d) 2., 2015 stats., and s. 118.60 (7) (am) and (d) 2. and 3. and (7m) (a) 2. by private schools participating in the choice program under s. 118.60.
36,2 Section 2 . 20.255 (1) (j) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:
20.255 (1) (j) Milwaukee Parental Choice Program and the parental choice program for eligible school districts and other school districts; financial audits. All moneys received under ss. 118.60 (2) (a) 3. and (ag) 1. c. and 119.23 (2) (a) 3. and (ag) 1. c. to be used to evaluate the financial information submitted under s. 119.23 (7) (d) 2., 2015 stats., and s. 119.23 (7) (am) and (d) 3. and (7m) (a) 2. by private schools participating in the Milwaukee Parental Choice Program and under s. 118.60 (7) (d) 2., 2015 stats., and s. 118.60 (7) (am) and (d) 3. and (7m) (a) 2. by private schools participating in the choice program under s. 118.60.
36,3 Section 3. 115.77 (1m) (bg) of the statutes is amended to read:
115.77 (1m) (bg) Includes children with disabilities in statewide and local educational agency-wide assessments, including assessments described in 20 USC 6311 (b) (3) (2), with appropriate accommodations and alternate assessments where necessary and as indicated in their individualized education programs.
36,4 Section 4. 115.7915 (2) (c) of the statutes is amended to read:
115.7915 (2) (c) The school has been approved as a private school by the state superintendent under s. 118.165 (2) or is accredited by the Wisconsin North Central Association AdvancED, Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, Wisconsin Association of Christian Schools, National Lutheran School Accreditation, Christian Schools International, Association of Christian Schools International, the diocese or archdiocese within which the private school is located, or any other organization recognized by the National Council for Private School Accreditation, as of the August 1 preceding the school term for which the scholarship is awarded.
36,5 Section 5. 115.7915 (2) (f) of the statutes is amended to read:
115.7915 (2) (f) The child's parent or guardian on behalf of the child, or, for a child with a disability who has reached the age of 18 and has not been adjudicated incompetent, the child, submitted an application for a scholarship under this section on a form prepared by the department that includes the document developed by the department under sub. (4) (a) to the eligible school that the child will attend. A child's parent or guardian or a child with a disability who has reached the age of 18 may apply for a scholarship at any time during a school year and, subject to sub. (3) (b), a child may begin attending a private school under this section at any time during the school year.
36,6 Section 6. 115.7915 (2) (h) of the statutes is amended to read:
115.7915 (2) (h) The child's parent or guardian consents to make the child available for a reevaluation, by the within 60 days following a request for a reevaluation under this paragraph. The individualized education program team appointed for the child by the resident school district, within 60 days following a request for a reevaluation under this paragraph shall conduct the reevaluation, except that, if the child is attending a private school under this section in a nonresident school district and the parent or guardian of the child provides written consent, an individualized education program team appointed for the child by that nonresident school district may conduct the reevaluation. Upon the request of the school board of the child's resident school district, the individualized education program team shall conduct the reevaluation required under this paragraph in the manner described under s. 115.782 (4) (a) 2. no more frequently than once every 3 years, determined from the date of the most recent evaluation or reevaluation conducted for the child under s. 115.782 or, for a child whose most recent evaluation or reevaluation was conducted more than 3 years before the child began attending a private school under this section, the date the child began attending a private school under this section.
36,7 Section 7. 115.7915 (3) (c) of the statutes is amended to read:
115.7915 (3) (c) The governing body of a private school participating in the program under this section shall notify the department when it verifies that a child has an individualized education program or services plan in effect and accepts a the child's application to attend the private school under a scholarship awarded under this section.
36,8 Section 8. 115.7915 (4) (a) 1. of the statutes is renumbered 115.7915 (4) (am).
36,9 Section 9. 115.7915 (4) (a) 2. of the statutes is renumbered 115.7915 (4) (bm) and amended to read:
115.7915 (4) (bm) Receipt by an applicant of the document developed under subd. 1. par. (am), acknowledged in a format prescribed by the department, constitutes notice that the applicant has been informed of his or her rights under this section and 20 USC 1400 to 1482. Subsequent acceptance of a scholarship under this section constitutes the applicant's informed acknowledgment of the rights specified in the document.
36,10 Section 10. 115.7915 (4) (b) of the statutes is renumbered 115.7915 (3) (bm) and amended to read:
115.7915 (3) (bm) Upon receipt of notice an application for a scholarship under sub. (3) (c) (2) (f), the department governing body of the private school shall determine whether the application satisfies the requirements under sub. (2), other than the requirement under sub. (2) (d), and shall request verification from the local education agency that developed the child's resident school board that the child has an individualized education program or services plan that the child has an individualized education program or services plan in place for the child and that meets the requirement in sub. (2) (d). The governing body of the private school shall also notify the child's resident school board that, pending verification that the requirements of sub. (2) have been satisfied, the child will be awarded a scholarship under this section. The child's resident school board local education agency shall, within 3 5 business days of receiving a request under this paragraph, provide verification to the department and provide the governing body of the private school that accepted the child with a copy of the child's individualized education program or services plan.
36,11 Section 11. 115.7915 (5) (b) of the statutes is amended to read:
115.7915 (5) (b) Upon the request of a parent of a child receiving a scholarship under this section, the child's resident school board shall administer the appropriate examinations under s. 118.30 to the child at no cost if the private school the child attends does not administer them examinations under s. 118.30 to any pupil attending the private school.
36,12 Section 12. 115.7915 (6) (e) of the statutes is amended to read:
115.7915 (6) (e) Annually, by October 15 following a school year in which a private school participated in the program under this section, submit to the department a an independent financial audit of the private school financial information report, prepared conducted by a an independent certified public accountant, that complies with uniform financial accounting standards established by the department by rule. The report shall be accompanied by an the auditor's statement that the report is free of material misstatements and fairly represents pupil costs. The report shall be limited in scope to those records that are necessary for the department to make payments to the private school. presents the private school's eligible education expenses, and beginning in the 2nd school year a private school participates in the program under this section, a copy of a management letter prepared by the auditor. If the private school annually received a total of at least $100,000 under this section and ss. 118.60 and 119.23 in any school year, the audit shall be prepared in accordance with generally accepted accounting principles with allowable modifications for long-term fixed assets. If the private school has not annually received a total of at least $100,000 under this section and ss. 118.60 and 119.23 in any school year, the audit shall be prepared as prescribed by the department by rule. The audit shall include a calculation of the private school's net eligible education expenses and a calculation of the balance of the private school's fund for future eligible education expenses. 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 a program under this section is part of an organization and the private school and the organization share assets, liabilities, or eligible education expenses, the private school may submit an audit of the private school or of the organization of which it is a part. If a private school that is part of an organization with which it shares assets, liabilities, or eligible education expenses submits an audit of only the private school, the independent auditor shall use his or her professional judgment to allocate any shared assets, liabilities, and eligible education expenses between the organization and the private school. If a private school participating in the program under this section also accepts pupils under s. 118.60 or 119.23, the private school may submit one comprehensive financial audit to satisfy the requirements of this paragraph and ss. 118.60 (7) (am) 2m. and 119.23 (7) (am) 2m., whichever are applicable. The private school shall include in the comprehensive financial audit the information specified under ss. 118.60 (7) (am) 2m. and 119.23 (7) (am) 2m. Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department.
36,13 Section 13. 115.7915 (6) (j) of the statutes is created to read:
115.7915 (6) (j) Upon the request of a parent of a child receiving a scholarship under this section, administer the appropriate examinations under s. 118.30 to the child at no cost if the private school the child attends administers examinations under s. 118.30 to any pupil attending the private school.
36,14 Section 14. 115.7915 (8) (a) 1. of the statutes is amended to read:
115.7915 (8) (a) 1. Intentionally and substantially or negligently misrepresented information required under sub. (6) this section or any rule promulgated under sub. (10).
36,15 Section 15. 118.225 (intro.) of the statutes is amended to read:
118.225 Teacher evaluations. (intro.) A school board may use value-added analyses of scores on the examinations administered to pupils under s. 118.30 and 20 USC 6311 (b) (3) (2) to evaluate teachers if the school board has developed a teacher evaluation plan that includes all of the following:
36,16 Section 16. 118.30 (1s) (intro.) of the statutes is amended to read:
118.30 (1s) (intro.) Annually, the governing body of each private school participating in the program under s. 119.23, other than a private school at which fewer than 20 pupils in grades 3 to 12 are attending the school under the program under s. 119.23, and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall do all of the following:
36,17 Section 17. 118.30 (1s) (d) of the statutes is amended to read:
118.30 (1s) (d) Administer to pupils attending the private school under s. 119.23 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under 20 USC 6311 (b) (3) (2).
36,18 Section 18. 118.30 (1t) (intro.) of the statutes is amended to read:
118.30 (1t) (intro.) Annually, the governing body of each private school participating in the program under s. 118.60, other than a private school at which fewer than 20 pupils in grades 3 to 12 are attending the school under the program under s. 118.60, shall do all of the following:
36,19 Section 19. 118.30 (1t) (d) of the statutes is amended to read:
118.30 (1t) (d) Administer to pupils attending the private school under s. 118.60 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under 20 USC 6311 (b) (3) (2).
36,20 Section 20. 118.30 (2) (c) of the statutes is amended to read:
118.30 (2) (c) The results of examinations administered under this section or under 20 USC 6311 (b) (3) (2) to pupils enrolled in public schools, including charter schools, may not be used as the sole reason to discharge, suspend, or formally discipline a teacher or as the sole reason for the nonrenewal of a teacher's contract.
36,21 Section 21. 118.56 (1) of the statutes is amended to read:
118.56 (1) Require a pupil in the program to work at least 280 hours per school year for an employer that complies with sub. (3). Hours of instruction may not be used to satisfy the work requirements under this subsection. Hours that fulfill the work requirements under this subsection shall be counted as hours of direct pupil instruction, as provided under ss. 118.60 (2) (a) 8. and 119.23 (2) (a) 8.
36,22 Section 22. 118.60 (1) (ab) of the statutes is amended to read:
118.60 (1) (ab) “Accrediting entity" means Wisconsin North Central Association AdvancED, Wisconsin Religious and Independent Schools Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, Wisconsin Association of Christian Schools, Christian Schools International, Association of Christian Schools International, the diocese or archdiocese within which a private school is located, and any other organization recognized by the National Council for Private School Accreditation.
36,23 Section 23. 118.60 (2) (a) 1. a. of the statutes is amended to read:
118.60 (2) (a) 1. a. Except as provided in par. (bm), the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. Except as provided in subd. 1. c. and d., the family income of the pupil shall be verified as provided in subd. 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.
36,24 Section 24. 118.60 (2) (a) 1. b. of the statutes is amended to read:
118.60 (2) (a) 1. b. The private school or the pupil's parent or guardian submits to the department of public instruction the names, addresses, social security numbers, and other state and federal tax identification numbers, if any, of the pupil's parents or legal guardians that reside in the same household as the pupil, whether and to whom the parents or legal guardians are married, the names of all of the other members of the pupil's family residing in the same household as the pupil, and the school year for which family income is being verified under this subd. 1. b. The department of revenue shall review the information submitted under this subd. 1. b. and shall verify the eligibility or ineligibility of the pupil to participate in the program under this section on the basis of family income. In this subdivision, “family income" means federal adjusted gross income of the parents or legal guardians residing in the same household as the pupil for the tax year preceding the school year for which family income is being verified under this subd. 1. b. or, if not available, for the tax year preceding the tax year preceding the school year for which family income is being verified under this subd. 1. b. Family income for a family in which the pupil's parents are married or in which the pupil's legal guardians are married shall be reduced by $7,000 before the verification is made under this subd. 1. b. The department of revenue may take no other action on the basis of the information submitted under this subd. 1. b. If the department of revenue is unable to verify family income or to verify whether the pupil is eligible or ineligible to participate in the program under this section on the basis of family income, the department of revenue shall notify the department of public instruction, the private school, and the pupil's parent or guardian of this fact and the department of public instruction shall utilize an alternative process, to be established by the department of public instruction, to determine whether the pupil is eligible to participate in the program under this section on the basis of family income. The department of public instruction may not request any additional verification of income from the family of a pupil once the department of revenue has verified that the pupil is eligible to participate in the program under this section on the basis of family income. The department of public instruction shall establish a procedure for determining family income eligibility for those pupils for whom no social security number or state or federal tax identification number has been provided.
36,25 Section 25. 118.60 (2) (a) 1. d. of the statutes is created to read:
118.60 (2) (a) 1. d. The family income of a pupil does not need to be verified under subd. 1. b. for a pupil who resided in a 1st class city school district in a school year, attended a participating private school in a 1st class city school district under the program under s. 119.23 in that school year, and applies to attend a participating private school in an eligible school district in the school year immediately following that school year.
36,26 Section 26. 118.60 (2) (a) 2. (intro.) of the statutes is amended to read:
118.60 (2) (a) 2. (intro.) For a pupil that resides in an eligible school district, the The pupil satisfies one or more of the following:
36,27 Section 27. 118.60 (2) (a) 2. a. of the statutes is amended to read:
118.60 (2) (a) 2. a. The pupil was enrolled in a public school in an eligible school district in the previous school year.
36,28 Section 28. 118.60 (2) (a) 2. c. of the statutes is amended to read:
Loading...
Loading...