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Please see http://docs.legis.wisconsin.gov for the production version.
The bill provides that, beginning in the 2020-21 school year, no private school
may participate in a parental choice program unless the school was participating in
the parental choice program in the 2019-20 school year, and no pupil may attend a
private school under a parental choice program unless the pupil was attending that
private school under the parental choice program in the 2019-20 school year.
Finally, the bill provides that, beginning in the 2020-21 school year, no private
school may accept pupils under the SNSP unless the school was participating in the
SNSP in the 2019-20 school year, and no pupil may attend a private school under the
SNSP unless the pupil was attending that private school under the SNSP in the
2019-20 school year.
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:
SB816,1 1Section 1 . 20.255 (2) (cs) of the statutes is amended to read:
SB816,3,32 20.255 (2) (cs) Aid for debt service. The amounts in the schedule for aid for debt
3service under s. 118.43 (8) 118.433.
SB816,2
1Section 2. 20.255 (2) (cu) of the statutes is amended to read:
SB816,4,52 20.255 (2) (cu) Achievement gap reduction contracts Student achievement
3guarantee in education program; state aid
. The amounts in the schedule A sum
4sufficient
for aid to school districts under s. 118.435 (8) and for the program
5evaluation under ss. 118.43 and 118.44 s. 118.435 (9).
SB816,3 6Section 3 . 115.7915 (2) (intro.) of the statutes is amended to read:
SB816,4,107 115.7915 (2) Scholarship requirements. (intro.) Beginning in the 2016-17
8school year, the department shall, subject to sub. (11), provide to a child with a
9disability a scholarship under sub. (4m) (a) to attend an eligible school if all of the
10following apply:
SB816,4 11Section 4 . 115.7915 (11) of the statutes is created to read:
SB816,4,1512 115.7915 (11) Sunset. (a) Beginning in the 2020-21 school year, the
13department may not provide a scholarship under this section to a child with a
14disability to attend a private school unless the child attended that private school
15under a scholarship under this section in the 2019-20 school year.
SB816,4,1816 (b) Beginning in the 2020-21 school year, a private school may not participate
17in the program under this section unless the private school was participating in the
18program under this section in the 2019-20 school year.
SB816,5 19Section 5. 118.38 (1) (a) 9. of the statutes is amended to read:
SB816,4,2220 118.38 (1) (a) 9. The requirements established for the student achievement
21guarantee contracts in education program under s. 118.43 and for achievement gap
22reduction contracts under s. 118.44
118.435.
SB816,6 23Section 6 . 118.43 (title), (1) to (7) and (9) of the statutes are repealed.
SB816,7 24Section 7 . 118.43 (8) of the statutes is renumbered 118.433 and amended to
25read:
SB816,5,10
1118.433 State aid for debt service related to former achievement
2guarantee contracts
. (1) Beginning in the 2000-01 school year, a school district
3is eligible for aid under this subsection section if it applies to the department for
4approval of the amount of bonds specified in the copy of the resolution under 1999
5Wisconsin Act 9
, section 9139 (2d). If the department approves the amount before
6June 30, 2001, the department shall, from the appropriation under s. 20.255 (2) (cs),
7pay each school district that issues bonds pursuant to a referendum under 1999
8Wisconsin Act 9
, section 9139 (2d), an amount equal to 20 percent of the annual debt
9service cost on the bonds. This subsection section does not apply to the school district
10operating under ch. 119.
SB816,5,12 11(2) The department shall promulgate rules to implement and administer this
12subsection section.
SB816,8 13Section 8 . 118.435 of the statutes is created to read:
SB816,6,3 14118.435 Student achievement guarantee in education program. (1)
15Legislative findings. The legislature finds that the voucher programs established
16under ss. 118.60, 2017 stats., and 119.23, 2017 stats., are a failed experiment. The
17legislature further finds that the student achievement guarantee in education
18program established under s. 118.43, 2017 stats., has had measurable impacts on
19pupils enrolled in schools that have entered into contracts with the department
20under that section as compared to pupils who were enrolled in schools not
21participating in the program established under s. 118.43, 2017 stats. These impacts
22include improved reading academic growth in kindergarten, improved mathematics
23and reading academic growth from kindergarten through 3rd grade, and a positive
24effect of pupils from economically disadvantaged backgrounds completing high
25school. The legislature finds that the student achievement guarantee in education

1program should be revived and expanded under this section and that state resources
2allocated to the voucher programs should be redirected to the program under this
3section.
SB816,6,4 4(2) Definitions. In this section:
SB816,6,65 (a) “Class size" means the number of pupils assigned to a regular classroom
6teacher on the 3rd Friday of September.
SB816,6,87 (b) “Low-income pupil" means a pupil who satisfies the income eligibility
8criteria under 42 USC 1758 (b) (1).
SB816,6,10 9(3) Eligibility. A school is eligible to participate in the program under this
10section if any of the following applies:
SB816,6,1511 (a) Schools participating under former programs. The school board of the
12school district in which the school is located is a party to a contract entered into on
13behalf of the school under s. 118.43, 2017 stats., or s. 118.44, 2017 stats., that, on the
14effective date of this paragraph .... [LRB inserts date], has not expired or been
15terminated.
SB816,6,1716 (b) Low-income schools. At least 30 percent of the pupils enrolled in the school
17in the previous school year were low-income pupils.
SB816,6,24 18(4) Contracts. (a) Contracts to replace former program contracts. In the
192020-21 school year, the school board of a school district may enter into a 5-year
20contract with the department on behalf of one or more schools in the school district
21that are eligible under sub. (3) (a) to participate in the program under this section.
22A contract entered into under this paragraph replaces and terminates a contract
23entered into by the parties under s. 118.43, 2017 stats., or s. 118.44, 2017 stats., with
24respect to the same school or schools.
SB816,7,4
1(b) Contracts for low-income schools. Beginning in the 2020-21 school year, the
2school board of a school district may enter into a 5-year contract with the department
3on behalf of one or more schools in the school district that are eligible under sub. (3)
4(b) to participate in the program under this section.
SB816,7,8 5(5) Contract requirements. In a contract entered into with a school board of
6a school district under this section on behalf of one or more schools in the school
7district, the department shall require the school board to do all of the following with
8respect to each school:
SB816,7,109 (a) Reduction in class size. 1. Except as provided under subd. 2., reduce class
10sizes in the school in the following manner:
SB816,7,1211 a. In the first school year of the contract, reduce the class size to no more than
1218 in each class in at least the 2 lowest grades taught in the school.
SB816,7,1413 b. In the 2nd school year of the contract, reduce the class size to no more than
1418 in each class in at least the 3 lowest grades taught in the school.
SB816,7,1715 c. In the 3rd school year of the contract and in every other school year of the
16contract, including every school year of a contract renewed under sub. (7), reduce the
17class size to no more than 18 in each class in all grades taught in the school.
SB816,7,2018 2. The school board may meet a class size requirement under subd. 1. a., b., or
19c. by combining 2 classes in the school if the combined class size is no more than 30
20and at least 2 regular classroom teachers are assigned to the combined class.
SB816,7,2221 (b) Education and human services. 1. Keep the school open every day from
22early in the morning until late in the day, as specified in the contract.
SB816,7,2523 2. Collaborate with community organizations to make educational and
24recreational opportunities and a variety of community and social services available
25in the school to all residents of the school district in which the school is located.
SB816,8,2
1(c) Curriculum. 1. Provide a rigorous academic curriculum designed to
2improve pupil academic achievement.
SB816,8,63 2. In consultation with the department and with the participation of the
4school's teachers and administrators and residents of the school district in which the
5school is located, review the school's current curriculum to determine how well it
6promotes pupil academic achievement.
SB816,8,87 3. If necessary, outline any changes to the curriculum to improve pupil
8academic achievement.
SB816,8,119 (d) Staff development and accountability. 1. Develop a one-year program for
10all newly hired employees that helps them make the transition from their previous
11employment or school to their current employment.
SB816,8,1212 2. Provide time for employees to collaborate and plan.
SB816,8,1713 3. Require that each teacher and administrator submit to the school board a
14professional development plan that focuses on how the individual will help improve
15pupil academic achievement. The plan shall include a method by which the
16individual will receive evaluations on the success of the individual's efforts from a
17variety of sources.
SB816,8,1918 4. Regularly review staff development plans to determine if they are effective
19in helping to improve pupil academic achievement.
SB816,8,2120 5. Establish an evaluation process for professional staff members that does all
21of the following:
SB816,8,2222 a. Identifies individual strengths and weaknesses.
SB816,8,2323 b. Clearly describes areas in need of improvement.
SB816,8,2424 (e) Additional contract provisions. Prepare all of the following:
SB816,9,4
11. A description of how the school will meet each of the requirements under
2pars. (a) to (d), including any alternative classroom configurations for specific
3educational activities that may be used to meet the class size requirement under par.
4(a).
SB816,9,65 2. A description of the method that the school board will use to evaluate the
6academic achievement of the pupils enrolled in the school.
SB816,9,107 3. A description of the school's performance objectives for the academic
8achievement of the pupils enrolled in the school and the means that the school board
9will use to evaluate success in attaining the objectives. Performance objectives
10include all of the following:
SB816,9,1211 a. Where applicable, improvement in the scores on the examination
12administered to pupils under s. 121.02 (1) (r).
SB816,9,1313 b. The attainment of any educational goals adopted by the school board.
SB816,9,1514 c. Professional development with the objective of improving pupil academic
15achievement.
SB816,9,1816 d. Methods by which the school involves pupils, parents or guardians of pupils,
17and other residents of the school district in which the school is located in decisions
18affecting the school.
SB816,9,2019 4. Subject to sub. (6), a description of any statute or rule that is waived under
20s. 118.38 if the waiver is related to the contract.
SB816,9,2221 5. A description of the means by which the department may monitor compliance
22with the terms of the contract.
SB816,9,25 23(6) Waiver of contract terms prohibited. The department may not include
24in a contract entered into or renewed under this section a waiver of any requirement
25of or rule promulgated under the authority of this section.
SB816,10,2
1(7) Contract renewals. (a) Except as provided in par. (b), the department may
2renew a contract under this section for one or more terms of 5 school years.
SB816,10,53 (b) The department may not renew a contract with a school board if the
4department determines that the school board has not complied with the terms of the
5contract, including the requirements described under sub. (5).
SB816,10,7 6(8) State aid. (a) Payments. From the appropriation under s. 20.255 (2) (cu),
7the department shall annually make the following payments:
SB816,10,138 1. Subject to par. (b), beginning in the 2021-22 school year, the department
9shall pay to a school board that enters into a contract with the department under this
10section that has not expired or been terminated $2,250 for each low-income pupil
11who is enrolled in a school subject to the contract and who is assigned to a class in
12the school in which the class size was reduced in the manner required under sub. (5)
13(a).
SB816,10,1714 2. In the 2020-21 school year, the department shall pay to a school board that
15enters into a contract with the department under sub. (4) (a) that has not expired or
16been terminated $2,250 for each low-income pupil described under s. 118.43 (6) (b)
1711., 2017 stats., or s. 118.44 (6) (bm) 1., 2017 stats.
SB816,10,2218 3. Subject to par. (b), beginning in the the 2020-21 school year, the department
19shall pay to a school board that entered into a contract with the department under
20s. 118.43, 2017 stats., or s. 118.44, 2017 stats., that has not expired or been
21terminated $2,250 for each low-income pupil described under s. 118.43 (6) (b) 11.,
222017 stats., or s. 118.44 (6) (bm) 1., 2017 stats.
SB816,11,323 (b) Per pupil adjustment. Beginning in the 2022-23 school year, the
24department shall annually adjust the per pupil amount specified under par. (a) 1.
25and 3. by the percentage difference between the consumer price index for the

112-month period ending on December 31 of the preceding school year and the
2consumer price index for the 12-month period ending on December 31 of the school
3year before the preceding school year, if positive.
SB816,11,64 (c) Use of payment to fulfill contract. A school board shall use the aid received
5under this subsection to satisfy the terms of the contract for which the aid was
6received.
SB816,11,97 (d) Limitations on payment. The department shall cease payments under this
8subsection to a school board if the school board withdraws from a contract entered
9into under this section before expiration of the contract.
SB816,11,1110 (e) Rules. The department shall promulgate rules to implement and
11administer the payment of state aid under this subsection.
SB816,11,15 12(9) Evaluation. Beginning in the 2020-21 school year, the department
13annually shall arrange for an evaluation of the program under this section. The
14department may spend up to $250,000 from the appropriation under s. 20.255 (2) (cu)
15in each school year for that purpose.
SB816,9 16Section 9. 118.44 of the statutes is repealed.
SB816,10 17Section 10 . 118.60 (2) (a) (intro.) of the statutes is amended to read:
SB816,11,2318 118.60 (2) (a) (intro.) Subject to pars. (ag) and (ar) and sub. (12), any pupil in
19grades kindergarten to 12 who resides within an eligible school district may attend
20any private school under this section and, subject to pars. (ag), (ar), (be), (bm), and
21(bs) and sub. (12), any pupil in grades kindergarten to 12 who resides in a school
22district, other than an eligible school district or a 1st class city school district, may
23attend any private school under this section if all of the following apply:
SB816,11 24Section 11. 118.60 (12) of the statutes is created to read:
SB816,12,3
1118.60 (12) (a) Beginning in the 2020-21 school year, a pupil may not attend
2a participating private school under this section unless the pupil attended that
3participating private school under this section in the 2019-20 school year.
SB816,12,64 (b) Beginning in the 2020-21 school year, a private school may not participate
5in the program under this section unless the private school was participating in the
6program under this section in the 2019-20 school year.
SB816,12 7Section 12 . 119.04 (1) of the statutes is amended to read:
SB816,12,208 119.04 (1) Subchapters IV, V, and VII of ch. 115, ch. 121, and ss. 66.0235 (3) (c),
966.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
10115.345, 115.363, 115.364, 115.365 (3), 115.367, 115.38 (2), 115.415, 115.445, 118.001
11to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to
12118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,
13118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10),
14118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43
15118.435, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5),
16and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35),
17(37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable
18to a 1st class city school district and board but not, unless explicitly provided in this
19chapter or in the terms of a contract, to the commissioner or to any school transferred
20to an opportunity schools and partnership program.
SB816,13 21Section 13 . 119.23 (2) (a) (intro.) of the statutes is amended to read:
SB816,12,2422 119.23 (2) (a) (intro.) Subject to pars. (ag) and (ar) and sub. (12), any pupil in
23grades kindergarten to 12 who resides within the city may attend any private school
24if all of the following apply:
SB816,14 25Section 14. 119.23 (12) of the statutes is created to read:
SB816,13,3
1119.23 (12) (a) Beginning in the 2020-21 school year, a pupil may not attend
2a participating private school under this section unless the pupil attended that
3participating private school under this section in the 2019-20 school year.
SB816,13,64 (b) Beginning in the 2020-21 school year, a private school may not participate
5in the program under this section unless the private school was participating in the
6program under this section in the 2019-20 school year.
SB816,15 7Section 15 . Effective date.
SB816,13,108 (1) The treatment of ss. 20.255 (2) (cs) and (cu) and 118.44, the repeal of s.
9118.43 (title), (1) to (7), and (9), and the renumbering and amendment of s. 118.43 (8)
10take effect on July 1, 2020.
SB816,13,1111 (End)
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