2017 - 2018 LEGISLATURE
July 26, 2017 - Introduced by Representatives Brostoff, Sinicki, Bowen, Riemer,
Goyke, Sargent, Hebl and Stuck, cosponsored by Senators Larson,
Carpenter and Miller. Referred to Committee on Education.
1An Act to repeal
118.44; to amend
20.255 (2) (cu), 115.7915 (2) (intro.), 118.38 2
(1) (a) 9., 118.43 (6) (b) 11., 118.60 (2) (a) (intro.) and 119.23 (2) (a) (intro.); and 3to create
115.7915 (11), 118.435, 118.60 (12) and 119.23 (12) of the statutes; 4relating to: terminating parental choice programs and the Special Needs
5Scholarship Program, repealing the achievement gap reduction program,
6expanding the student achievement guarantee program, granting
7rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill repeals the Achievement Gap Reduction program created in 2015
Wisconsin Act 53
, reinstates an expanded Student Achievement Guarantee in
Education program, and phases out the Milwaukee, Racine, and statewide parental
choice programs (together, choice programs) and the Special Needs Scholarship
Both the AGR and SAGE programs are categorical aid programs that provide
funding to participating schools for low-income pupils enrolled in participating
grades if the participating school complies with a five-year contract entered into
between a school board, on behalf of the participating school, and the Department
of Public Instruction. Under the AGR program repealed in this bill, a participating
grade is a grade from kindergarten to third grade that is subject to an AGR contract.
The expanded SAGE program established under this bill applies to all grades, from
four-year-old kindergarten through grade 12.
Under the AGR program repealed in this bill, a school board must implement
one or more of the following strategies in each class in each participating grade at
each participating school:
1. Reduce the class size to 18 pupils or, if a classroom has at least two regular
classroom teachers, to 30 pupils, and provide professional development on small
2. Provide instructional coaching for teachers.
3. Provide one-to-one tutoring to pupils who struggle with reading or math.
Under the expanded SAGE program created in this bill, each participating school
must reduce the class size of each class in the school to 18 pupils or, if a classroom
has at least two regular classroom teachers, to 30 pupils. In addition, the school
(a) Ensure that certain education and human services are available in each
(b) Ensure that a rigorous curriculum is provided in each participating school.
(c) Provide staff development and require professional staff accountability for
staff in each participating school.
Under the AGR program repealed in this bill, DPI must pay to a school board
under an AGR contract a per pupil amount determined by dividing the amount
appropriated to the AGR program by the total number of pupils enrolled in a
participating class. Under the expanded SAGE program created in this bill, DPI
must pay $2,250 for each pupil in a participating class. Under the bill, DPI must
annually adjust the per pupil payment to reflect the percentage change in the
consumer price index, if that change is positive. The repeal of the AGR takes effect
immediately; the bill permits school boards to enter into contracts under the
expanded SAGE program in the 2018-19 school year.
Also under this bill, beginning in the 2018-19 school year, no private school may
participate in a choice program unless the school was participating in the program
in the 2017-18 school year. Also under the bill, no pupil may attend a private school
under a choice program unless the pupil was attending that private school under the
program in the 2017-18 school year.
Finally, under this bill, beginning in the 2018-19 school year, no private school
may accept pupils under the SNSP unless the school was participating in the
program in the 2017-18 school year, and no pupil may attend a private school under
the SNSP unless the pupil was attending that private school under the program in
the 2017-18 school year. Under current law, a child with a disability who meets
certain eligibility criteria may receive a scholarship of $12,000 to attend a private
school participating in the SNSP.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.255 (2) (cu) of the statutes is amended to read:
gap reduction guarantee contracts. The amounts 3in the schedule A sum sufficient
for aid to school districts under s. 118.435 and for
4aid to school districts
and the program evaluation under ss. s.
118.43 and 118.44
115.7915 (2) (intro.) of the statutes is amended to read:
115.7915 (2) Scholarship requirements.
(intro.) Beginning in the 2016-17 7
school year, the department shall, subject to sub. (11),
provide to a child with a 8
disability a scholarship under sub. (4m) (a) to attend a private school if all of the 9
115.7915 (11) of the statutes is created to read:
115.7915 (11) Sunset.
(a) Beginning in the 2018-19 school year, a child with 12
a disability may not receive a scholarship under this section to attend a private school 13
unless the child attended that private school under a scholarship under this section 14
in the 2017-18 school year.
(b) Beginning in the 2018-19 school year, a private school may not participate 16
in the program under this section unless the private school was participating in the 17
program under this section in the 2017-18 school year.
118.38 (1) (a) 9. of the statutes is amended to read:
(a) 9. The requirements established for achievement guarantee 20
contracts under s. 118.43 and for achievement gap reduction contracts the expanded
21student achievement guarantee program
under s. 118.44 118.435
118.43 (6) (b) 11. of the statutes is amended to read:
(b) 11. For the 2016-17 2018-19
school year and any subsequent 3
school year, the amount determined under s. 118.44 (6) 118.435
multiplied by the 4
number of low-income pupils enrolled in a grade eligible for funding, and in a class 5
in which the class size has been reduced in the manner required under sub. (3) (a), 6
(am), (ar), or (at) or permitted under sub. (3m), in each school in the school district 7
covered by renewals of contracts under sub. (2) (g).
118.435 of the statutes is created to read:
9118.435 Expanded student achievement guarantee program; state aid.
10(1) Legislative findings.
The legislature finds that the voucher program 11
established under ss. 118.60, 2015 stats., and 119.23, 2015 stats., is a failed 12
experiment. The legislature further finds that the student achievement guarantee 13
in education program established under s. 118.43 has had measurable impacts on 14
pupils enrolled in schools that have entered into contracts with the department 15
under that section as compared to pupils who were enrolled in schools not 16
participating in the program established under s. 118.43. These impacts include 17
improved reading academic growth in kindergarten, improved mathematics and 18
reading academic growth from kindergarten through 3rd grade, and a positive effect 19
on students from economically disadvantaged backgrounds completing high school. 20
The legislature finds that the student achievement guarantee in education program 21
should be expanded under this section and that state resources allocated to the 22
voucher program should be redirected to the program under this section.
In this section:
(a) “Class size" means the number of pupils assigned to a regular classroom 25
teacher on the 3rd Friday of September.
(b) “Low-income pupils" means pupils who satisfy the income eligibility 2
criteria under 42 USC 1758
(c) “Participating school" means an eligible school that is subject to a contract 4
under this section.
(a) Eligible school districts.
A school district that has a contract 6
under s. 118.43 or s. 118.44, 2015 stats., on the effective date of this paragraph .... 7
[LRB inserts date], is an eligible school district and may enter into a contract with 8
the department under sub. (4).
(b) Individual school under student achievement guarantee contract.
A school 10
is eligible to participate in the program under this section if the school is subject to 11
a contract under s. 118.43 or s. 118.44, 2015 stats., on the effective date of this 12
paragraph .... [LRB inserts date].
(c) Low-income schools.
A school is eligible to participate in the program under 14
this section if, in the previous school year, the school had an enrollment that was at 15
least 30 percent low-income pupils.
(a) Contract with eligible school district.
In the 2018-19 school 17
year, the school board of an eligible school district may enter into a 5-year contract 18
with the department on behalf of one or more schools in the school district that are 19
eligible under sub. (3) (b).
(b) Contract with school district of eligible school.
Beginning in the 2018-19 21
school year and in any school year thereafter, the school board of a school district may 22
enter into a 5-year contract with the department on behalf of one or more schools in 23
the school district that are eligible under sub. (3) (c).
(c) Waiver of contract terms prohibited
. No contract entered into under this 2
section may include a waiver of any requirement of or rule promulgated under the 3
authority of this section.
4(5) Contract requirements.
The department shall require each school board 5
that has entered into a contract under sub. (4) to do all of the following in each 6
(a) Reduction in class size.
Reduce class size in one of the following manners:
1. Reduce the class size in each class in the school to 18 in the following manner:
a. In the first school year of the contract, in at least the 2 lowest grades taught 10
in the school. For a school that offers elementary grades, the lowest grade is 11
b. In the 2nd school year of the contract, in at least the 3 lowest grades taught 13
in the school.