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AB730,9,2523 118.60 (4v) (b) If the department considers a pupil as a resident of an eligible
24school district under par. (a) for a school year, the department shall ensure that the
25pupil is not counted for that school year for purposes of determining whether a school

1district has exceeded its pupil participation limit under sub. (2) (be) and that the
2pupil is not counted for that school year for purposes of determining whether a
3program cap under sub. (2) (bh) 2. a. or b. has been exceeded
.
AB730,18 4Section 18 . 118.60 (4v) (c) and (d) of the statutes are created to read:
AB730,10,85 118.60 (4v) (c) The department may consider a pupil enrolled in a private
6school participating in the program under this section who satisfies all of the
7following as a resident of a school district, other than an eligible school district or a
81st class city school district, who is enrolled in the private school under this section:
AB730,10,109 1. The pupil was a resident of an eligible school district when the pupil applied
10to participate in the program under this section.
AB730,10,1211 2. The pupil accepted a space at a private school participating in the program
12under this section as a resident of an eligible school district.
AB730,10,1413 3. The pupil resides in a school district, other than an eligible school district
14or a 1st class city school district, on the 3rd Friday in September.
AB730,10,1715 4. The private school the pupil is attending under this section accepts
16applications under this section from pupils who reside in school districts, other than
17an eligible school district or a 1st class city school district.
AB730,10,2418 (d) If the department considers a pupil as a resident of a school district, other
19than an eligible school district or a 1st class city school district, under par. (c) for a
20school year, the department shall ensure that the pupil is not counted for that school
21year for purposes of determining whether the school district has exceeded its pupil
22participation limit under sub. (2) (be) and that the pupil is not counted for that school
23year for purposes of determining whether a program cap under sub. (2) (bh) 2. a. or
24b. has been exceeded.
AB730,19 25Section 19 . 119.23 (2) (a) (intro.) of the statutes is amended to read:
AB730,11,3
1119.23 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (b), any pupil in grades
2kindergarten to 12 who resides within the city may attend any private school if all
3of the following apply:
AB730,20 4Section 20 . 119.23 (2) (b) of the statutes is created to read:
AB730,11,75 119.23 (2) (b) 1. In this paragraph, “program cap” means the total number of
6pupils residing in the city who attended a private school under this section in the
72019-20 school year.
AB730,11,108 2. Beginning with the 2020-21 school year, the total number of pupils residing
9in the city who may attend a private school under this section during a school year
10may not exceed the program cap.
AB730,21 11Section 21 . 119.23 (3) (a) (intro.) of the statutes is amended to read:
AB730,11,2512 119.23 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit
13an application, on a form provided by the state superintendent, to the participating
14private school that the pupil wishes to attend. If more than one pupil from the same
15family applies to attend the same private school, the pupils may use a single
16application. No later than 60 days after the end of the application period during
17which an application is received and subject to par. (ar), the private school shall
18notify each applicant, in writing, whether his or her application has been accepted.
19If the private school rejects an application, the notice shall include the reason. A
20Subject to par. (ar), a private school may reject an applicant only if it the private
21school
has reached its maximum general capacity or seating capacity. The Except
22as provided in par. (ar), the
state superintendent shall ensure that the private school
23determines which pupils to accept on a random basis, except that the private school
24may give preference to the following in accepting applications, in order of preference
25listed:
AB730,22
1Section 22. 119.23 (3) (ar) of the statutes is created to read:
AB730,12,32 119.23 (3) (ar) All of the following apply to applications to attend a private
3school under this section submitted by pupils who reside in the city:
AB730,12,104 1. A private school that has submitted a notice of intent to participate under
5sub. (2) (a) 3. may accept applications for a school year during application periods
6determined by the department from pupils who reside in the city. For each school
7year, the department shall establish one or more application periods under this
8subdivision, the first of which begins no later than February 1 of the school year
9before the applicable school year, and the last of which ends no later than September
1014 of the applicable school year.
AB730,12,1711 2. Each private school that received applications under subd. 1. shall report to
12the department the number of pupils who applied under subd. 1. to attend the private
13school under this section and the names of those applicants who have siblings who
14also applied under subd. 1. to attend the private school under this section. The
15private school shall submit the report no later than 10 days after each application
16period described under subd. 1. during which the private school received
17applications.
AB730,13,218 3. After the end of each application period described under subd. 1, upon receipt
19of the information under subd. 2., the department shall determine the sum of all
20applicants for pupils residing in the city. In determining the sum, the department
21shall count a pupil who has applied to attend more than one private school under the
22program only once. If, after the end of an application period described under subd.
231., the sum of all applicants for pupils residing in the city exceeds the program cap
24under sub. (2) (b), the department shall determine which applications submitted
25during the application period to accept on a random basis, except that the

1department shall give preference to the applications of pupils described in par. (a)
21. to 5., in the order of preference listed in that paragraph.
AB730,13,53 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (b), the
4department shall establish a waiting list in accordance with the preferences required
5under subd. 3.
AB730,13,126 5. A private school that has accepted a pupil who resides in the city under this
7paragraph shall notify the department whenever the private school determines that
8a pupil will not attend the private school under this paragraph. If, upon receiving
9notice under this subdivision, the department determines that the number of pupils
10attending private schools under this section falls below the program cap under sub.
11(2) (b), the department shall fill any available slot with a pupil selected from the
12waiting list established under subd. 4., if such a waiting list exists.
AB730,23 13Section 23 . 119.23 (3) (b) of the statutes is amended to read:
AB730,13,2314 119.23 (3) (b) If the private school rejects an applicant because it the private
15school
has too few available spaces, the applicant may transfer his or her application
16to a participating private school that has space available. An applicant who is
17rejected under this paragraph or an applicant who is on the waiting list under par.
18(ar) 4.
may, subject to sub. (2) (b), be admitted to a private school participating in the
19program under this section for the following school year, provided that the applicant
20continues to reside within in the city. The department may not require, in that
21following school year, the private school to submit financial information regarding
22the applicant or to verify the eligibility of the applicant to participate in the program
23under this section on the basis of family income.
AB730,24 24Section 24 . 119.23 (4v) (b) of the statutes is amended to read:
AB730,14,6
1119.23 (4v) (b) If the department considers a pupil as a resident of the city
2under par. (a) for a school year, the department shall ensure that the pupil is not
3counted for that school year for purposes of determining whether a school district has
4exceeded its pupil participation limit under s. 118.60 (2) (be) and that the pupil is not
5counted for that school year for purposes of determining whether a program cap
6under sub. (2) (b) or s. 118.60 (2) (bh) 2. a. or b. has been exceeded
.
AB730,25 7Section 25 . 119.23 (4v) (c), (d) and (e) of the statutes are created to read:
AB730,14,118 119.23 (4v) (c) The department may consider a pupil enrolled in a private
9school participating in the program under this section who satisfies all of the
10following as a resident of a school district, other than a 1st class city school district,
11who is enrolled in the private school under this section:
AB730,14,1312 1. The pupil was a resident of the city when the pupil applied to participate in
13the program under this section.
AB730,14,1514 2. The pupil accepted a space at a private school participating in the program
15under this section as a resident of the city.
AB730,14,1716 3. The pupil resides in a school district, other than a 1st class city school
17district, on the 3rd Friday in September.
AB730,14,1918 4. The private school at which the pupil accepted a space under this section is
19participating in the program under s. 118.60.
AB730,14,2420 (d) If the department considers a pupil as a resident of an eligible school
21district, as defined in s. 118.60 (1) (am), under par. (c) for a school year, the
22department shall ensure that the pupil is not counted for that school year for
23purposes of determining whether a program cap under sub. (2) (b) or s. 118.60 (2) (bh)
242. a. has been exceeded.
AB730,15,7
1(e) If the department considers a pupil as a resident of a school district, other
2than an eligible school district, as defined in s. 118.60 (1) (am), or a 1st class city
3school district, under par. (c) for a school year, the department shall ensure that the
4pupil is not counted for that school year for purposes of determining whether the
5school district has exceeded its pupil participation limit under s. 118.60 (2) (be) and
6that the pupil is not counted for that school year for purposes of determining whether
7a program cap under sub. (2) (b) or s. 118.60 (2) (bh) 2. b. has been exceeded.
AB730,26 8Section 26. Initial applicability.
AB730,15,139 (1) Parental choice programs; program caps. The treatment of ss. 118.60 (3)
10(am) and (ar) (intro.) and 5. and 119.23 (3) (ar), the renumbering and amendment of
11s. 118.60 (3) (ar) 3. and 4., and the creation of s. 118.60 (3) (ar) 3. a. and b. and 4. a.
12and b. first apply to an application to attend in a private school under s. 118.60 or
13119.23 in the 2020-21 school year.
AB730,15,1814 (2) Parental choice programs; transferring applicants between programs.
15The treatment of ss. 118.60 (4v) (b), (c), and (d) and 119.23 (4v) (b), (c), (d), and (e) first
16applies to counting pupils for the pupil participation limits under s. 118.60 (2) (be)
17and the program caps under ss. 118.60 (2) (bh) 2. a. and b. and 119.23 (2) (b) for the
182020-21 school year.
AB730,15,1919 (End)
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