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SENATE AMENDMENT 13,
TO ASSEMBLY BILL 64
September 15, 2017 - Offered by Senators Larson, Johnson, Carpenter, L. Taylor,
Risser, Vinehout, Bewley, Wirch, Hansen and Ringhand.
AB64-SA13,1,21 At the locations indicated, amend the bill as shown by assembly substitute
2amendment 1, as follows:
AB64-SA13,1,3 31. Page 281, line 2: after that line insert:
AB64-SA13,1,4 4 Section 206p. 20.255 (1) (f) of the statutes is amended to read:
AB64-SA13,1,105 20.255 (1) (f) Assessments of reading readiness. The amounts in the schedule
6to provide school districts and, independent charter schools under s. 118.40 (2r) and
7(2x), the governing bodies of private schools participating in the special needs
8scholarship program under s. 115.7915, and the governing bodies of private schools
9participating in a parental choice program under s. 118.60 or 119.23
with the
10assessments of reading readiness under s. 118.016.”.
AB64-SA13,1,11 112. Page 281, line 22: delete “(a), (cm), and (e)" and substitute “ (a) and (e)".
AB64-SA13,1,12 123. Page 741, line 18: after that line insert:
AB64-SA13,1,13 13 Section 1461r. 115.28 (7) (b) of the statutes is amended to read:
AB64-SA13,2,11
1115.28 (7) (b) Subject to the same rules and laws concerning qualifications of
2applicants and granting and revocation of licenses or certificates under par. (a), the
3state superintendent shall grant certificates and licenses to teachers in private
4schools and tribal schools, except that teaching experience requirements for such
5certificates and licenses may be fulfilled by teaching experience in public, private,
6or tribal schools. An applicant is not eligible for a license or certificate unless the
7state superintendent finds that the private school or tribal school in which the
8applicant taught offered an adequate educational program during the period of the
9applicant's teaching therein. Private Except as provided in ss. 115.7915 (2m) (b),
10118.60 (2) (a) 6m., and 119.23 (2) (a) 6m., private
schools are not obligated to employ
11only licensed or certified teachers.”.
AB64-SA13,2,12 124. Page 761, line 7: delete lines 7 to 10 and substitute:
AB64-SA13,2,13 13 Section 1486bm. 115.7915 (2) (intro.) of the statutes is amended to read:
AB64-SA13,2,1714 115.7915 (2) Scholarship requirements. (intro.) Beginning in the 2016-17
15school year, the department shall provide to a child with a disability a scholarship
16under sub. (4m) (a) to attend a private an eligible school, provided the private school
17is in compliance with the requirements under sub. (2m),
if all of the following apply:”.
AB64-SA13,2,18 185. Page 763, line 10: after that line insert:
AB64-SA13,2,19 19 Section 1488i. 115.7915 (2) (i) of the statutes is created to read:
AB64-SA13,2,2220 115.7915 (2) (i) The sum of the pupils attending the private school under a
21scholarship under this section and under the programs under ss. 118.60 and 119.23
22is less than 49 percent of the total number of pupils attending the private school.
AB64-SA13,1488k 23Section 1488k. 115.7915 (2m) of the statutes is created to read:
AB64-SA13,3,3
1115.7915 (2m) Private schools; requirements for participation. A private
2school may not participate in the program under this section unless all of the
3following apply:
AB64-SA13,3,44 (a) The private school is located in this state.
AB64-SA13,3,85 (b) All instructional staff employed by the governing body of the private school
6hold a license or permit to teach issued by the department. For purposes of this
7paragraph, “instructional staff” has the meaning given in the rules promulgated by
8the department under s. 121.02 (1) (a) 2.
AB64-SA13,3,109 (c) Prior to accepting applications under sub. (2) (g), the private school had been
10in operation for the attendance of pupils for at least 2 school years.
AB64-SA13,3,1211 (d) The governing body of the private school annually submits to an
12independent financial audit of the private school as provided under s. 118.60 (7) (am).
AB64-SA13,3,1513 (e) The governing body of the private school annually schedules at least one
14meeting of the governing body of the private school each month that is open to the
15public as provided under s. 118.60 (7) (b) 3m.
AB64-SA13,3,2016 (f) The governing body of the private school permits public inspection and
17copying of any record, as defined in s. 19.32 (2), of the private school to the same
18extent as required of, and subject to the same terms and enforcement provisions that
19apply to, a school board under subch. II of ch. 19. This paragraph applies only to
20records that relate to pupils attending the private school under this section.
AB64-SA13,3,2321 (g) The governing body of the private school complies with the requirement to
22submit a copy of the school's certificate of occupancy or a building permit to the
23department as provided under s. 118.60 (7) (d).
AB64-SA13,4,3
1(h) The governing body of the private school complies with the requirement to
2conduct state and federal background checks of teachers and administrators
3employed by and volunteers at the private school as provided in s. 118.60 (7) (h).”.
AB64-SA13,4,5 46. Page 764, line 7: delete the material beginning with that line and ending
5on page 765, line 12, and substitute:
AB64-SA13,4,7 6 Section 1492be. 115.7915 (4m) (a) (intro.) of the statutes is renumbered
7115.7915 (4m) (a) and amended to read:
AB64-SA13,4,118 115.7915 (4m) (a) Subject to par. (c), from the appropriation under s. 20.255 (2)
9(az), the department shall pay the private school a child attends under the
10scholarship program under this section, on behalf of a child's parent or guardian, the
11following amount: under s. 118.60 (4) (bd).
AB64-SA13,1492bm 12Section 1492bm. 115.7915 (4m) (a) 1. of the statutes is repealed.
AB64-SA13,1492bs 13Section 1492bs. 115.7915 (4m) (a) 2. of the statutes is repealed.”.
AB64-SA13,4,14 147. Page 766, line 1: delete lines 1 to 17.
AB64-SA13,4,15 158. Page 767, line 1: delete “b. and a., d." and substitute “b. and, d.".
AB64-SA13,4,16 169. Page 768, line 6: after that line insert:
AB64-SA13,4,17 17 Section 1492vc. 115.7915 (8) (a) 5. of the statutes is created to read:
AB64-SA13,4,1918 115.7915 (8) (a) 5. Failed to provide the information required under sub. (2m)
19(d) or (g) by the date or within the period specified.
AB64-SA13,1492vg 20Section 1492vg. 115.7915 (8) (a) 6. of the statutes is created to read:
AB64-SA13,4,2121 115.7915 (8) (a) 6. Violated sub. (2m) (e) or (f).
AB64-SA13,1492vn 22Section 1492vn. 115.7915 (8) (a) 7. of the statutes is created to read:
AB64-SA13,4,2423 115.7915 (8) (a) 7. Violated or employed a person who violated s. 118.016,
24118.19 (1), 118.305, 118.31, or 118.33 (1) (f) 5.
AB64-SA13,1492vr
1Section 1492vr. 115.7915 (8) (ag) of the statutes is created to read:
AB64-SA13,5,62 115.7915 (8) (ag) The state superintendent may issue an order immediately
3terminating a private school's participation in the program under this section if he
4or she determines that the owner of the private school would not be eligible or
5permitted to be employed, licensed, or permitted for any of the reasons specified
6under s. 115.31 (2g) or (6m) or 115.315.
AB64-SA13,1492vw 7Section 1492vw. 115.7915 (8) (ar) of the statutes is created to read:
AB64-SA13,5,128 115.7915 (8) (ar) The state superintendent may issue an order immediately
9terminating a private school's participation in the program under this section if he
10or she determines that the private school has failed to comply with the requirements
11under s. 118.60 (7) (h) or if the private school employs an individual in contravention
12of the prohibitions under s. 118.60 (7) (h).”.
AB64-SA13,5,13 1310. Page 782, line 1: before that line insert:
AB64-SA13,5,14 14 Section 1504yc. 118.016 (1) (bm) of the statutes is created to read:
AB64-SA13,5,2415 118.016 (1) (bm) Beginning in the 2018-19 school year, the governing body of
16each private school participating in a parental choice program under s. 118.60 or
17119.23 and each private school participating in the special needs scholarship
18program under s. 115.7915 shall, using the appropriate, valid, and reliable
19assessment of literacy fundamentals selected by the governing body, annually assess
20each pupil enrolled in 4-year-old kindergarten to 2nd grade in the private school for
21reading readiness. The governing body shall ensure that the assessment evaluates
22whether a pupil possesses phonemic awareness and letter sound knowledge. The
23governing body may administer computer adaptive assessments. This paragraph
24applies only to pupils attending the school under s. 115.7915, 118.60, or 119.23.
AB64-SA13,1504yg
1Section 1504yg. 118.016 (1) (c) of the statutes is amended to read:
AB64-SA13,6,82 118.016 (1) (c) The department shall pay to the school board or, operator, or
3governing body,
from the appropriation under s. 20.255 (1) (f), the per pupil cost of
4the selected assessment. If the appropriation under s. 20.255 (1) (f) in any fiscal year
5is insufficient to pay the full amount of aid under this paragraph, the state
6superintendent shall prorate state aid payments among the school boards and,
7governing bodies of private schools, and
operators of charter schools entitled to the
8aid.
AB64-SA13,1504yn 9Section 1504yn. 118.016 (1g) of the statutes is amended to read:
AB64-SA13,6,1310 118.016 (1g) If a pupil is enrolled in a special education program under subch.
11V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r)
12or (2x), or governing body of the private school under s. 115.7915, 118.60, or 119.23
13shall comply with s. 115.77 (1m) (bg).
AB64-SA13,1504yr 14Section 1504yr. 118.016 (1r) of the statutes is amended to read:
AB64-SA13,6,1715 118.016 (1r) The school board or , operator of the charter school, or governing
16body of the private school under s. 115.7915, 118.60, or 119.23
shall report the results
17of a pupil's assessment under sub. (1) to the pupil's parent or guardian.
AB64-SA13,1504yw 18Section 1504yw. 118.016 (2) of the statutes is amended to read:
AB64-SA13,6,2319 118.016 (2) The school board of the school district or, operator of the charter
20school, or governing body of the private school in which the pupil is enrolled shall
21provide a pupil whose assessment under sub. (1) indicates that he or she is at risk
22of reading difficulty with interventions or remedial reading services, as described
23under s. 121.02 (1) (c).”.
AB64-SA13,6,24 2411. Page 783, line 7: delete lines 7 to 11 and substitute:
AB64-SA13,7,1
1 Section 1507g. 118.19 (1) of the statutes is amended to read:
AB64-SA13,7,72 118.19 (1) Except as provided in subs. (1b) and (1c) and s. 118.40 (8) (b) 1. and
32., any person seeking to teach in a public school, including a charter school, in a
4private school participating in a parental choice program under s. 118.60 or 119.23,
5in the special needs scholarship program under s. 115.7915,
or in a school or
6institution operated by a county or the state shall first procure a license or permit
7from the department.”.
AB64-SA13,7,8 812. Page 792, line 20: after that line insert:
AB64-SA13,7,9 9 Section 1525b. 118.30 (5m) of the statutes is amended to read:
AB64-SA13,7,1610 118.30 (5m) When determining the percentage of pupils participating in the
11program under s. 119.23 who performed at designated proficiency levels on the
12examinations administered as required under sub. (1s) or s. 118.301 (3), the
13department shall consider only the pupils participating in the program under s.
14119.23 to whom the examinations were administered at each grade level, and shall

15not exclude from consideration those pupils participating in the program under s.
16119.23 who were excused from taking the examinations under sub. (2) (b) 5.
AB64-SA13,1525d 17Section 1525d. 118.305 (1) (gm) of the statutes is created to read:
AB64-SA13,7,2118 118.305 (1) (gm) “Pupil" excludes pupils who are attending a private school
19participating in a parental choice program under s. 118.60 or 119.23 or in the special
20needs scholarship program under s. 115.7915 but not under the parental choice
21program or scholarship program.
AB64-SA13,1525f 22Section 1525f. 118.305 (1) (h) of the statutes is amended to read:
AB64-SA13,8,3
1118.305 (1) (h) “School" means a public school, including a charter school, and
2a private school participating in the program under s. 115.7915, and a private school
3participating in a parental choice program under s. 118.60 or 119.23
.
AB64-SA13,1525h 4Section 1525h. 118.305 (3) (e) of the statutes is amended to read:
AB64-SA13,8,65 118.305 (3) (e) It does not constitute corporal punishment, as defined in s.
6118.31 (1) (a).
AB64-SA13,1525j 7Section 1525j. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and
8amended to read:
AB64-SA13,8,99 118.31 (1) (intro.) In this section, “corporal:
AB64-SA13,8,15 10(a) “Corporal punishment" means the intentional infliction of physical pain
11which is used as a means of discipline. “Corporal punishment" includes, but is not
12limited to, paddling, slapping or prolonged maintenance of physically painful
13positions, when used as a means of discipline. “Corporal punishment" does not
14include actions consistent with an individualized education program developed
15under s. 115.787 or reasonable physical activities associated with athletic training.
AB64-SA13,1525L 16Section 1525L. 118.31 (1) (b) of the statutes is created to read:
AB64-SA13,8,1917 118.31 (1) (b) “Private school" means a private school, as defined in s. 115.001
18(3r), that is participating in the special needs scholarship program under s. 115.7915
19or in any parental choice program under ss. 118.60 and 119.23.
AB64-SA13,1525n 20Section 1525n. 118.31 (2) of the statutes is amended to read:
AB64-SA13,8,2321 118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a
22school board or of a private school may subject a pupil enrolled in the school district
23or in the private school to corporal punishment.
AB64-SA13,1525p 24Section 1525p. 118.31 (3) (intro.) of the statutes is amended to read:
AB64-SA13,9,2
1118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or
2agent of a school board or of a private school from:
AB64-SA13,1525r 3Section 1525r. 118.31 (4) of the statutes is amended to read:
AB64-SA13,9,104 118.31 (4) Each school board and each private school shall adopt a policy that
5allows any official, employee, or agent of the school board or private school to use
6reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining
7whether or not a person an official, employee, or agent of a school board or of a private
8school
was acting within the exceptions in sub. (3), deference shall be given to
9reasonable, good faith judgments made by an the official, employee, or agent of a
10school board
.
AB64-SA13,1525t 11Section 1525t. 118.31 (5) of the statutes is amended to read:
AB64-SA13,9,1712 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a
13separate basis for civil liability of a school board or of a private school or their
14officials, employees or agents
of an official, employee, or agent of the school board or
15private school
for damages arising out of claims involving allegations of improper or
16unnecessary use of force by a school employees official, employee, or agent against
17students a pupil.
AB64-SA13,1525v 18Section 1525v. 118.31 (6) of the statutes is amended to read:
AB64-SA13,9,2219 118.31 (6) Nothing in this section shall prohibit, permit, or otherwise affect any
20action taken by an official, employee, or agent of a school board or private school with
21regard to a person who is not a pupil enrolled in the school district or in the private
22school
.
AB64-SA13,1525x 23Section 1525x. 118.33 (1) (f) 5. of the statutes is created to read:
AB64-SA13,9,2524 118.33 (1) (f) 5. Beginning in the 2018-19 school year, the governing body of
25each private school participating in the special needs scholarship program under s.

1115.7915 or in a parental choice program under s. 118.60 or 119.23 shall include in
2its policy under subd. 2m. or 2r. the requirements for granting a high school diploma
3specified in pars. (a) and (b), with the exceptions provided in pars. (d) and (e).”.
AB64-SA13,10,4 413. Page 826, line 11: after that line insert:
AB64-SA13,10,5 5 Section 1579e. 118.60 (2) (a) (intro.) of the statutes is amended to read:
AB64-SA13,10,116 118.60 (2) (a) (intro.) Subject to pars. (ag) and (ar), any pupil in grades
7kindergarten to 12 who resides within an eligible school district may attend any
8private school under this section and, subject to pars. (ag), (ar), (be), (bm), and (bs),
9any pupil in grades kindergarten to 12 who resides in a school district, other than
10an eligible school district or a 1st class city school district, may attend any private
11school under this section if all of the following apply:
AB64-SA13,1579m 12Section 1579m. 118.60 (2) (a) 1. a. of the statutes, as affected by 2017
13Wisconsin Act 36
, is amended to read:
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