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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:
AB64-SA13,10,2214 118.60 (2) (a) 1. a. Except as provided in par. (bm) subd. 1. am., the pupil is a
15member of a family that has a total family income that does not exceed an amount
16equal to 3.0 times the poverty level determined in accordance with criteria
17established by the director of the federal office of management and budget. In this
18subdivision and sub. (3m), family income includes income of the pupil's parents or
19legal guardians. Except as provided in subd. 1. c. and d., the family income of the
20pupil shall be verified as provided in subd. 1. b. A pupil attending a private school
21under this section whose family income increases above the income level in this subd.
221. a.
may continue to attend a private school under this section.
AB64-SA13,1579s 23Section 1579s. 118.60 (2) (a) 1. am. of the statutes is created to read:
AB64-SA13,11,8
1118.60 (2) (a) 1. am. Beginning in the 2018-19 school year, the pupil is a
2member of a family that has a total family income that does not exceed an amount
3equal to 1.85 times the poverty level determined in accordance with criteria
4established by the director of the federal office of management and budget. The
5family income of the pupil shall be verified as provided in subd. 1. b. A pupil
6attending a private school under this section whose family income increases above
7the income level in this subd. 1. am. may continue to attend a private school under
8this section.”.
AB64-SA13,11,10 914. Page 827, line 21: delete the material beginning with that line and ending
10on page 828, line 6, and substitute:
AB64-SA13,11,11 11 Section 1582b. 118.60 (2) (a) 6m. of the statutes is created to read:
AB64-SA13,11,1512 118.60 (2) (a) 6m. All instructional staff employed by the private school hold
13a license or permit to teach issued by the department. For purposes of this
14subdivision, “instructional staff" has the meaning given in the rules promulgated by
15the department under s. 121.02 (1) (a) 2.
AB64-SA13,1582f 16Section 1582f. 118.60 (2) (a) 9. of the statutes is created to read:
AB64-SA13,11,1817 118.60 (2) (a) 9. The private school has been in operation for the attendance of
18pupils for at least 2 school years.
AB64-SA13,1582k 19Section 1582k. 118.60 (2) (a) 10. of the statutes is created to read:
AB64-SA13,11,2020 118.60 (2) (a) 10. The private school is located in this state.
AB64-SA13,1582p 21Section 1582p. 118.60 (2) (be) 2m. a. of the statutes is amended to read:
AB64-SA13,11,2322 118.60 (2) (be) 2m. a. The pupil attended a private school under par. (bm) (a)
231. am.
in the previous school year.
AB64-SA13,1582s 24Section 1582s. 118.60 (2) (bm) of the statutes is repealed.
AB64-SA13,1582w
1Section 1582w. 118.60 (2) (c) of the statutes is amended to read:
AB64-SA13,12,52 118.60 (2) (c) 1. Notwithstanding par. (a) 6. and 6m., a teacher employed by a
3private school participating in the program under this section who teaches only
4courses in rabbinical studies is not required to have a bachelor's degree or hold a
5license or permit to teach issued by the department
.
AB64-SA13,12,96 2. Notwithstanding par. (a) 6. and 6m., an administrator of a private school
7participating in the program under this section that prepares and trains pupils
8attending the school in rabbinical studies is not required to have a bachelor's degree
9or hold a license or permit to teach issued by the department.
AB64-SA13,1582y 10Section 1582y. 118.60 (2) (cm) of the statutes is created to read:
AB64-SA13,12,1311 118.60 (2) (cm) The sum of the pupils attending a private school under this
12section and s. 119.23 and under a scholarship under s. 115.7915 shall be less than
1349 percent of the total number of pupils attending the private school.”.
AB64-SA13,12,15 1415. Page 828, line 24: delete the material beginning with that line and ending
15on page 829, line 9, and substitute:
AB64-SA13,12,17 16 Section 1598ba. 118.60 (3) (c) of the statutes, as affected by 2017 Wisconsin
17Act 36
, is amended to read:
AB64-SA13,13,618 118.60 (3) (c) If a participating private school rejects an applicant who resides
19in a school district, other than an eligible school district or a 1st class city school
20district, because the private school has too few available spaces, the applicant may
21transfer his or her application to a participating private school that has space
22available. An applicant who is rejected under this paragraph or an applicant who
23is on the waiting list under sub. (3) (ar) 4. may, subject to sub. (2) (a) 1. am. and (be),
24be admitted to a private school participating in the program under this section for

1the following school year, provided that the applicant continues to reside in a school
2district other than an eligible school district or a 1st class city school district. The
3department may not require, in that following school year, the private school to
4submit financial information regarding the applicant or to verify the eligibility of the
5applicant to participate in the program under this section on the basis of family
6income.
AB64-SA13,1598bb 7Section 1598bb. 118.60 (4) (bd) of the statutes is created to read:
AB64-SA13,13,128 118.60 (4) (bd) Upon receipt from the pupil's parent or guardian of proof of the
9pupil's enrollment in the private school during a school term, the state
10superintendent shall pay to the private school in which the pupil is enrolled on behalf
11of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an
12amount equal to the lesser of the following:
AB64-SA13,13,1413 1. The amount equal to the private school's eligible education expenses, as
14defined in sub. (7) (am) 1m., per pupil, as determined by the department.
AB64-SA13,13,1715 2. The average of the tuition paid by a pupil attending the private school, but
16not under the program under this section or the program under s. 119.23, in the
17current and 2 preceding school years.
AB64-SA13,13,1818 3. $6,442.
AB64-SA13,1598bc 19Section 1598bc. 118.60 (4) (be) of the statutes is created to read:
AB64-SA13,13,2320 118.60 (4) (be) In determining a private school's eligible education expenses per
21pupil under par. (bd) 1., the department shall do all of the following, but may not
22determine separate expenses for pupils enrolled in grades kindergarten to 8 and for
23pupils enrolled in grades 9 to 12:
AB64-SA13,13,2524 1. Subtract only the following, up to the actual cost of the service or material
25related to each item:
AB64-SA13,14,1
1a. Fees charged pupils for books and supplies used in classes and programs.
AB64-SA13,14,22 b. Rentals for school buildings.
AB64-SA13,14,33 c. Food service revenues.
AB64-SA13,14,44 d. Governmental financial assistance.
AB64-SA13,14,55 e. Interest and other income resulting from the investment of debt proceeds.
AB64-SA13,14,126 2. If legal title to the private school's buildings and premises is held in the name
7of the private school's parent organization or other related party, there is no other
8mechanism to include the private school's facilities costs in the calculation of its
9eligible education expenses, and the private school requests that the department do
10so, include an amount equal to 10.5 percent of the fair market value of the school and
11its premises. A request made by a private school under this subdivision remains
12effective in subsequent school years and may not be withdrawn by the private school.
AB64-SA13,14,1613 3. If immediately prior to July 1, 2011, a private school's eligible education
14expenses, as defined under sub. (7) (am) 1m. and as determined by the department,
15included the amount described in subd. 2., continue to include the amount described
16in subd. 2. in subsequent school years.
AB64-SA13,14,2017 4. Permit a private school to accumulate up to 15 percent of the private school's
18annual eligible education expenses in a reserve account and include any increase to
19that reserved amount in the department's determination of the private school's
20eligible education expenses for that school year.
AB64-SA13,1598bd 21Section 1598bd. 118.60 (4) (bg) of the statutes is repealed.
AB64-SA13,1598be 22Section 1598be. 118.60 (4d) (b) 1. a. of the statutes is amended to read:
AB64-SA13,14,2423 118.60 (4d) (b) 1. a. Identify the incoming choice pupils residing in the school
24district for whom a payment is made under sub. (4) (bg) (bd) in that school year.
AB64-SA13,1598bf 25Section 1598bf. 118.60 (4d) (b) 1. b. of the statutes is amended to read:
AB64-SA13,15,2
1118.60 (4d) (b) 1. b. Sum the payments made under sub. (4) (bg) (bd) for all of
2the pupils identified under subd. 1. a. for that school year.
AB64-SA13,1598bg 3Section 1598bg. 118.60 (4m) of the statutes is repealed and recreated to read:
AB64-SA13,15,84 118.60 (4m) In addition to the payment under sub. (4), the state
5superintendent shall pay to each private school participating in the program under
6this section, on behalf of the parent or guardian of each pupil attending the private
7school under this section, in the manner described in sub. (4) (c), the amount
8determined as follows:
AB64-SA13,15,109 (a) Determine the private school's eligible education expenses, as defined in
10sub. (7) (am) 1m., per pupil in summer school.
AB64-SA13,15,1111 (b) Multiply the amount under par. (a) by 0.40.
AB64-SA13,15,1412 (c) Multiply the product under par. (b) by the quotient determined by dividing
13the summer choice average daily membership equivalent of the private school by the
14total number of pupils for whom payments are being made under sub. (4).
AB64-SA13,1598bh 15Section 1598bh. 118.60 (4r) (a) of the statutes is amended to read:
AB64-SA13,15,1716 118.60 (4r) (a) Multiply the amount determined under sub. (4) (bg) (bd) by
170.616.
AB64-SA13,1598bi 18Section 1598bi. 118.60 (7) (am) 2m. a. of the statutes, as affected by 2017
19Wisconsin Act 36
, is amended to read:
AB64-SA13,17,220 118.60 (7) (am) 2m. a. An independent financial audit of the private school
21conducted by an independent certified public accountant, accompanied by the
22auditor's statement that the report is free of material misstatements and fairly
23presents the private school's eligible education expenses under sub. (4) (bd) 1., and
24beginning in the 2nd school year a private school participates in the program under
25this section, a copy of a management letter prepared by the auditor. If the private

1school annually received a total of at least $100,000 under this section and ss.
2115.7915 and 119.23 in any school year, the audit shall be prepared in accordance
3with generally accepted accounting principles with allowable modifications for
4long-term fixed assets. If the private school has not annually received a total of at
5least $100,000 under this section and ss. 115.7915 and 119.23 in any school year, the
6audit shall be prepared as prescribed by the department by rule. The audit shall
7include a calculation of the private school's net eligible education expenses and a
8calculation of the balance of the private school's fund for future eligible education
9expenses. The auditor shall conduct his or her audit, including determining sample
10sizes and evaluating financial viability, in accordance with the auditing standards
11established by the American Institute of Certified Public Accountants. The
12department may not require an auditor to comply with standards that exceed the
13scope of the standards established by the American Institute of Certified Public
14Accountants. If a private school participating in a program under this section is part
15of an organization and the private school and the organization share assets,
16liabilities, or eligible education expenses, the private school may submit an audit of
17the private school or of the organization of which it is a part. If a private school that
18is part of an organization with which it shares assets, liabilities, or eligible education
19expenses submits an audit of only the private school, the independent auditor shall
20use his or her professional judgment to allocate any shared assets, liabilities, and
21eligible education expenses between the organization and the private school. If a
22private school participating in the program under this section also accepts pupils
23under s. 115.7915 or 119.23, the private school may submit one comprehensive
24financial audit to satisfy the requirements of this subdivision and ss. 115.7915 (6) (e)
25and 119.23 (7) (am) 2m., whichever are applicable. The private school shall include

1in the comprehensive financial audit the information specified under s. 119.23 (7)
2(am) 2m.
AB64-SA13,1598bj 3Section 1598bj. 118.60 (7) (b) 3m. of the statutes is amended to read:
AB64-SA13,17,144 118.60 (7) (b) 3m. Annually, schedule 2 meetings at least one meeting each
5month
at which members of the governing body of the private school will be present
6and at which pupils, and the parents or guardians of pupils, applying to attend the
7private school or attending the private school may meet and communicate with the
8members of the governing body. The meetings shall be open to the public. The
9private school shall, within 30 days after the start of the school term, notify the
10department in writing of the scheduled meeting dates and shall, at least 30 days
11before the scheduled meeting date, notify in writing each pupil, or the parent or
12guardian of each minor pupil, applying to attend the private school or attending the
13private school of the meeting date, time, and place. The private school shall provide
14notice of the meetings in the manner provided in s. 19.84.
AB64-SA13,1598bk 15Section 1598bk. 118.60 (7) (b) 9. of the statutes is created to read:
AB64-SA13,17,2016 118.60 (7) (b) 9. Permit public inspection and copying of any record, as defined
17in s. 19.32 (2), of the private school to the same extent as required of, and subject to
18the same terms and enforcement provisions that apply to, a school board under
19subch. II of ch. 19. This subdivision applies only to records that relate to pupils
20attending the private school under this section.
AB64-SA13,1598bL 21Section 1598bL. 118.60 (7) (d) 1. b. of the statutes is amended to read:
AB64-SA13,18,222 118.60 (7) (d) 1. b. A Except as provided in subd. 1. c., a copy of the school's
23current certificate of occupancy issued by the municipality within which the school
24is located. If the private school moves to a new location, the private school shall
25submit a copy of the new certificate of occupancy issued by the municipality within

1which the school is located to the department before the attendance of pupils at the
2new location and before the next succeeding date specified in s. 121.05 (1) (a).
AB64-SA13,18,11 3c. If the municipality within which the private school is located does not issue
4certificates of occupancy, the private school may submit a certificate of occupancy
5issued by the local or regional governmental unit with authority to issue certificates
6of occupancy or a letter or form from the municipality within which the private school
7is located that explains that the municipality does not issue certificates of occupancy.
8A temporary certificate of occupancy does not meet the requirement of this
9subdivision. This subdivision applies only to a private school located in an eligible
10school district
private school to which this subd. 1. c. applies shall annually obtain
11a building inspection of the school building
.
AB64-SA13,1598bm 12Section 1598bm. 118.60 (7) (d) 1. d. of the statutes is created to read:
AB64-SA13,18,1413 118.60 (7) (d) 1. d. A temporary certificate of occupancy does not satisfy the
14requirements of this subdivision.
AB64-SA13,1598bmm 15Section 1598bmm. 118.60 (7) (h) of the statutes, as created by 2017 Wisconsin
16Act 36
, is amended to read:
AB64-SA13,18,2317 118.60 (7) (h) Beginning in the 2018-19 school year, each private school
18participating in the program under this section shall conduct criminal background
19investigations of its employees and any independent contractors and volunteers who
20have access to children,
and exclude from employment or independent contracting
21or volunteer service
any person not permitted to hold a teaching license as the result
22of an offense and any person who might reasonably be believed to pose a threat to the
23safety of others.
AB64-SA13,1598bn 24Section 1598bn. 118.60 (10) (a) 7. of the statutes is amended to read:
AB64-SA13,18,2525 118.60 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or 6., or 9.
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