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LRBb0584/1
FFK:amn
2019 - 2020 LEGISLATURE
SENATE AMENDMENT 8,
TO ASSEMBLY BILL 56
June 26, 2019 - Offered by Senator Larson.
AB56-SA8,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB56-SA8,1,3 31. Page 418, line 7: after that line insert:
AB56-SA8,1,4 4 Section 1515d. 118.016 (1) (bm) of the statutes is created to read:
AB56-SA8,1,135 118.016 (1) (bm) Beginning in the 2019-20 school year, each governing body
6of a private school participating in a program under s. 118.60 or 119.23 shall, using
7the appropriate, valid, and reliable assessment of literacy fundamentals selected by
8the school board or operator, annually assess each pupil enrolled in 4-year-old
9kindergarten to 2nd grade attending the private school under the program under s.
10118.60 or 119.23 for reading readiness. The governing body shall ensure that the
11assessment evaluates whether a pupil possesses phonemic awareness and letter
12sound knowledge. The governing body of a private school may administer computer
13adaptive assessments.
AB56-SA8,1516d
1Section 1516d. 118.016 (1) (c), (1g), (1r) and (2) of the statutes are amended
2to read:
AB56-SA8,2,93 118.016 (1) (c) The department shall pay to the school board or, operator, or
4governing body of a private school,
from the appropriation under s. 20.255 (1) (f), the
5per pupil cost of the selected assessment. If the appropriation under s. 20.255 (1) (f)
6in any fiscal year is insufficient to pay the full amount of aid under this paragraph,
7the state superintendent shall prorate state aid payments among the school boards
8and, operators of charter schools , and governing bodies of private schools entitled to
9the aid.
AB56-SA8,2,12 10(1g) If a pupil is enrolled in a special education program under subch. V of ch.
11115, the school board or, operator of the charter school under s. 118.40 (2r) or (2x),
12or governing body of the private school
shall comply with s. 115.77 (1m) (bg).
AB56-SA8,2,15 13(1r) The school board or, operator of the charter school, or governing body of
14the private school
shall report the results of a pupil's assessment under sub. (1) to
15the pupil's parent or guardian.
AB56-SA8,2,20 16(2) The school board of the school district or operator of the charter school in
17which the pupil is enrolled or the private school the pupil attends under s. 118.60 or
18119.23
shall provide a pupil whose assessment under sub. (1) indicates that he or she
19is at risk of reading difficulty with interventions or remedial reading services, as
20described under s. 121.02 (1) (c).
AB56-SA8,1517d 21Section 1517d. 118.30 (5m) of the statutes is amended to read:
AB56-SA8,3,322 118.30 (5m) When determining the percentage of pupils participating in the
23program under s. 119.23 who performed at designated proficiency levels on the
24examinations administered as required under sub. (1s) or s. 118.301 (3), the
25department shall consider only the pupils participating in the program under s.

1119.23 to whom the examinations were administered at each grade level, and shall

2may not exclude from consideration those pupils participating in the program under
3s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.
AB56-SA8,1518d 4Section 1518d. 118.305 (1) (gm) of the statutes is created to read:
AB56-SA8,3,75 118.305 (1) (gm) “Pupil” does not include a pupil attending a private school
6participating in a program under s. 115.7915, 118.60, or 119.23 who is not
7participating the program.
AB56-SA8,1519d 8Section 1519d. 118.305 (1) (h) of the statutes is amended to read:
AB56-SA8,3,109 118.305 (1) (h) “School" means a public school, including a charter school, and
10a private school participating in the program under s. 115.7915 , 118.60, or 119.23.
AB56-SA8,1520d 11Section 1520d. 118.305 (3) (e) of the statutes is amended to read:
AB56-SA8,3,1312 118.305 (3) (e) It does not constitute corporal punishment, as defined in s.
13118.31 (1) (a).
AB56-SA8,1521d 14Section 1521d. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and
15amended to read:
AB56-SA8,3,1616 118.31 (1) (intro.) In this section, “ corporal:
AB56-SA8,3,22 17(a) “Corporal punishment" means the intentional infliction of physical pain
18which is used as a means of discipline. “Corporal punishment" includes, but is not
19limited to, paddling, slapping or prolonged maintenance of physically painful
20positions, when used as a means of discipline. “Corporal punishment" does not
21include actions consistent with an individualized education program developed
22under s. 115.787 or reasonable physical activities associated with athletic training.
AB56-SA8,1523d 23Section 1523d. 118.31 (1) (b) of the statutes is created to read:
AB56-SA8,3,2524 118.31 (1) (b) “Private school" means a private school that is participating in
25a parental choice program under s. 115.7915, 118.60, or 119.23.
AB56-SA8,1524d
1Section 1524d. 118.31 (2) of the statutes is amended to read:
AB56-SA8,4,52 118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a
3school board may subject a pupil enrolled in the school district to corporal
4punishment and no official, employee, or agent of a private school may subject a pupil
5attending the private school to corporal punishment
.
AB56-SA8,1525d 6Section 1525d. 118.31 (3) (intro.) of the statutes is amended to read:
AB56-SA8,4,87 118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or
8agent of a school board or of a private school from:
AB56-SA8,1526d 9Section 1526d. 118.31 (4) of the statutes is amended to read:
AB56-SA8,4,1610 118.31 (4) Each school board and each governing body of a private school shall
11adopt a policy that allows any official, employee, or agent of the school board or
12private school
to use reasonable and necessary force for the purposes of sub. (3) (a)
13to (h). In determining whether or not a person an official, employee, or agent of a
14school board or private school
was acting within the exceptions in sub. (3), deference
15shall be given to reasonable, good faith judgments made by an the official, employee,
16or agent of a school board.
AB56-SA8,1527d 17Section 1527d. 118.31 (5) of the statutes is amended to read:
AB56-SA8,4,2318 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a
19separate basis for civil liability of a school board or of a governing body of a private
20school
or their officials, employees or agents of an official, employee, or agent of the
21school board or private school
for damages arising out of claims involving allegations
22of improper or unnecessary use of force by a school employees official, employee, or
23agent
against students a pupil.
AB56-SA8,1528d 24Section 1528d. 118.31 (6) of the statutes is amended to read:
AB56-SA8,5,4
1118.31 (6) Nothing in this section shall prohibit, permit or otherwise affect any
2action taken by an official, employee, or agent of a school board or private school with
3regard to a person who is not a pupil enrolled in the school district or attending the
4private school
.
AB56-SA8,1529d 5Section 1529d. 118.33 (1) (f) 5. of the statutes is created to read:
AB56-SA8,5,106 118.33 (1) (f) 5. Beginning in the 2019-20 school year, the governing body of
7each private school participating in a parental choice program under s. 118.60 or
8119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting
9a high school diploma specified in pars. (a) and (b), with the exceptions provided in
10pars. (d) and (e).
AB56-SA8,1530d 11Section 1530d. 118.60 (2) (a) 9. of the statutes is created to read:
AB56-SA8,5,1212 118.60 (2) (a) 9. The private school is located in this state.
AB56-SA8,1531d 13Section 1531d. 118.60 (2) (e) of the statutes is created to read:
AB56-SA8,5,1514 118.60 (2) (e) No more than 49 percent of a private school's enrollment may
15consist of pupils attending the private school under this section and s. 119.23.
AB56-SA8,1532d 16Section 1532d. 118.60 (4) (bg) 3. of the statutes is amended to read:
AB56-SA8,6,317 118.60 (4) (bg) 3. In the 2015-16 to 2018-19 school year and in each school year
18thereafter
years, upon receipt from the pupil's parent or guardian of proof of the
19pupil's enrollment in the private school during a school term, except as provided in
20subd. 5., the state superintendent shall pay to the private school in which the pupil
21is enrolled on behalf of the pupil's parent or guardian, from the appropriation under
22s. 20.255 (2) (fr), an amount equal to the sum of the maximum amount per pupil the
23state superintendent paid a private school under this section in the previous school
24year for the grade in which the pupil is enrolled; the amount of the per pupil revenue
25adjustment under s. 121.91 (2m) for the current school year, if positive; and the

1change in the amount of statewide categorical aid per pupil between the previous
2school year and the current school year, as determined under s. 118.40 (2r) (e) 2p.,
3if positive.
AB56-SA8,1533d 4Section 1533d. 118.60 (4) (bg) 6. of the statutes is created to read:
AB56-SA8,6,95 118.60 (4) (bg) 6. Beginning in the 2019-20 school year, upon receipt from the
6pupil's parent or guardian of proof of the pupil's enrollment in the private school
7during a school term, the state superintendent shall pay to the private school in
8which the pupil is enrolled on behalf of the pupil's parent or guardian, from the
9appropriation under s. 20.255 (2) (fr), an amount equal to the lesser of the following:
AB56-SA8,6,1110 1. The amount equal to the private school's operating and debt service cost per
11pupil that is related to educational programming, as determined by the department.
AB56-SA8,6,1412 2. The average of the tuition paid by a pupil attending the private school, but
13not under the program under this section or the program under s. 119.23, in the
14current and 2 preceding school years.
AB56-SA8,6,1515 3. For a pupil in grade kindergarten to 8, $7,754.
AB56-SA8,6,1616 4. For a pupil in grade 9 to 12, $8,400.
AB56-SA8,1534d 17Section 1534d. 118.60 (4) (dc) of the statutes is created to read:
AB56-SA8,6,1918 118.60 (4) (dc) In determining a private school's operating and debt service cost
19per pupil under par. (bg), the department shall do all of the following:
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