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ASSEMBLY AMENDMENT 7,
TO SENATE BILL 21
July 8, 2015 - Offered by Representatives Pope, Genrich, Sinicki and Considine.
SB21-AA7,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 1, as follows:
SB21-AA7,1,3 31. At the appropriate places, insert all of the following:
SB21-AA7,1,4 4" Section 1. 118.60 (2) (a) 10. of the statutes is created to read:
SB21-AA7,1,55 118.60 (2) (a) 10. The private school is located in this state.
SB21-AA7,2 6Section 2. 118.60 (2) (d) of the statutes is created to read:
SB21-AA7,1,87 118.60 (2) (d) No more than 49 percent of a private school's enrollment may
8consist of pupils attending the private school under this section.
SB21-AA7,3 9Section 3. 118.60 (4) (bg) 6. of the statutes is created to read:
SB21-AA7,1,1110 118.60 (4) (bg) 6. This paragraph applies only to pupils who participated in the
11program under this section before the 2015-16 school year.
SB21-AA7,4 12Section 4. 118.60 (4) (bk) of the statutes is created to read:
SB21-AA7,2,2
1118.60 (4) (bk) 1. In this paragraph, "incoming choice pupil" has the meaning
2given in sub. (4d) (a).
SB21-AA7,2,73 2. For an incoming choice pupil, upon receipt from the pupil's parent or
4guardian of proof of the pupil's enrollment in the private school during a school term,
5the state superintendent shall pay to the private school in which the pupil is enrolled
6on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255
7(2) (fr), an amount determined under s. 118.51 (16) (a) 3. b. for that school year.
SB21-AA7,5 8Section 5. 118.60 (4m) (a) 1. of the statutes is amended to read:
SB21-AA7,2,129 118.60 (4m) (a) 1. Determine the maximum amount that could have been paid,
10at the end of the immediately preceding school term, per pupil under sub. (4) (bg) for
11the grade in which the pupil is attending summer school under this section or, if the
12pupil is an incoming choice pupil, the amount under sub. (4) (bk)
.
SB21-AA7,6 13Section 6. 118.60 (4r) (a) of the statutes is amended to read:
SB21-AA7,2,1514 118.60 (4r) (a) Multiply the amount determined under sub. (4) (bg) or (bk), if
15the pupil is an incoming choice pupil,
by 0.616.".
SB21-AA7,7 16Section 7. 118.60 (7) (b) 3m. of the statutes is amended to read:
SB21-AA7,3,217 118.60 (7) (b) 3m. Annually, schedule 2 meetings at least one meeting each
18month
at which members of the governing body of the private school will be present
19and at which pupils, and the parents or guardians of pupils, applying to attend the
20private school or attending the private school may meet and communicate with the
21members of the governing body. The meetings shall be open to the public. The
22private school shall, within 30 days after the start of the school term, notify the
23department in writing of the scheduled meeting dates and shall, at least 30 days
24before the scheduled meeting date, notify in writing each pupil, or the parent or
25guardian of each minor pupil, applying to attend the private school or attending the

1private school of the meeting date, time, and place. The private school shall provide
2notice of the meetings in the manner provided in s. 19.84.
SB21-AA7,8 3Section 8. 118.60 (10) (a) 7. of the statutes is amended to read:
SB21-AA7,3,44 118.60 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or 6.
SB21-AA7,9 5Section 9. 118.60 (10m) of the statutes is created to read:
SB21-AA7,3,156 118.60 (10m) The department of justice or the district attorney may institute,
7manage, control, and direct, in the proper county, any prosecution for violation of
8criminal laws affecting a parental choice program under this section, including laws
9relating to parental choice programs under ch. 946 and laws affecting the health,
10safety, and welfare of pupils attending private schools under parental choice
11programs. For this purpose the department of justice shall have and exercise all
12powers conferred upon district attorneys in such cases. The department of justice
13or district attorney shall notify the department of public instruction of any such
14prosecution of a person holding a license granted by the department of public
15instruction.
SB21-AA7,10 16Section 10. 119.23 (2) (a) 10. of the statutes is created to read:
SB21-AA7,3,1717 119.23 (2) (a) 10. The private school is located in this state.
SB21-AA7,11 18Section 11. 119.23 (2) (d) of the statutes is created to read:
SB21-AA7,3,2019 119.23 (2) (d) No more than 49 percent of a private school's enrollment may
20consist of pupils attending the private school under this section.
SB21-AA7,12 21Section 12. 119.23 (7) (b) 3m. of the statutes is amended to read:
SB21-AA7,4,722 119.23 (7) (b) 3m. Annually, schedule two meetings at least one meeting each
23month
at which members of the governing body of the private school will be present
24and at which pupils, and the parents or guardians of pupils, applying to attend the
25private school or attending the private school may meet and communicate with the

1members of the governing body. The meetings shall be open to the public. The
2private school shall, within 30 days after the start of the school term, notify the
3department in writing of the scheduled meeting dates and shall, at least 30 days
4before the scheduled meeting date, notify in writing each pupil, or the parent or
5guardian of each minor pupil, applying to attend the private school or attending the
6private school of the meeting date, time, and place. The private school shall provide
7notice of the meetings in the manner provided in s. 19.84.
SB21-AA7,13 8Section 13. 119.23 (10) (a) 7. of the statutes is amended to read:
SB21-AA7,4,99 119.23 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or 6.
SB21-AA7,14 10Section 14. 119.23 (10m) of the statutes is created to read:
SB21-AA7,4,2011 119.23 (10m) The department of justice or the district attorney may institute,
12manage, control, and direct, in the proper county, any prosecution for violation of
13criminal laws affecting a parental choice program under this section, including laws
14relating to parental choice programs under ch. 946 and laws affecting the health,
15safety, and welfare of pupils attending private schools under parental choice
16programs. For this purpose the department of justice shall have and exercise all
17powers conferred upon district attorneys in such cases. The department of justice
18or district attorney shall notify the department of public instruction of any such
19prosecution of a person holding a license granted by the department of public
20instruction.
SB21-AA7,15 21Section 15. 946.94 of the statutes is created to read:
SB21-AA7,4,23 22946.94 Parental choice program fraud. (1) In this section, "parental choice
23program" means a parental choice program under s. 118.60 or 119.23.
SB21-AA7,5,3
1(2) Whoever intentionally makes or causes to be made any false statement or
2representation of material fact in any application to participate in a parental choice
3program is guilty of a Class A misdemeanor.
SB21-AA7,5,4 4(3) No person may do any of the following:
SB21-AA7,5,75 (a) Having knowledge of an event affecting the person's eligibility to participate
6in a parental choice program, conceal or fail to disclose that event with an intent to
7fraudulently participate in a parental choice program.
SB21-AA7,5,98 (b) Receive a payment under a parental choice program and use the funding
9for purposes that are not authorized under the parental choice program.
SB21-AA7,5,1010 (c) Whoever violates par. (a) or (b) is subject to the following penalties:
SB21-AA7,5,1211 1. If the value of the payment that is obtained as the result of the violation is
12more than $5,000 but does not exceed $10,000, a Class H felony.
SB21-AA7,5,1413 2. If the value of the payment that is obtained as the result of the violation is
14more than $10,000, a Class G felony.
SB21-AA7,5,19 15(4) Whoever makes any statement in a written application to participate in a
16parental choice program is considered to have made an admission as to the existence,
17correctness, or validity of any fact stated. Such a statement is prima facie evidence
18against the person who made it in any complaint, information, or indictment, or in
19any action brought for enforcement of any provision of this section.
SB21-AA7,9334 20Section 9334. Initial applicability; Public Instruction.
SB21-AA7,5,23 21(1j) Parental choice program fraud. The treatment of section 946.94 of the
22statutes first applies to acts and omissions that occur on the effective date of this
23subsection.".
SB21-AA7,5,24 242. Page 1047, line 20: delete "(bg)" and substitute "(bk)".
SB21-AA7,6,1
13. Page 1047, line 21: delete "(bg)" and substitute "(bk)".
SB21-AA7,6,2 24. Page 1118, line 5: delete "(bg)" and substitute "(bk)".
SB21-AA7,6,3 35. At the appropriate places, insert all of the following:
SB21-AA7,6,4 4" Section 1. 118.60 (7) (h) of the statutes is created to read:
SB21-AA7,6,85 118.60 (7) (h) 1. Each private school participating in the program under this
6section shall annually conduct state and federal background checks of all teachers
7and administrators employed by the private school on the effective date of this
8subdivision .... [LRB inserts date].
SB21-AA7,6,139 2. Beginning on the effective date of this subdivision .... [LRB inserts date],
10each private school participating in the program under this section shall annually
11conduct state and federal background checks of each individual who applies to teach
12in or serve as an administrator of the private school prior to extending an offer of
13employment to that individual.
SB21-AA7,6,1714 3. A participating private school may not employ a person as a teacher or
15administrator or contract with the person to serve as a teacher or administrator if
16the person would not be eligible to be employed, licensed, or permitted for any of the
17reasons specified under s. 115.31 (2g) or (6m) or 115.315.
SB21-AA7,2 18Section 2. 118.60 (10) (bg) of the statutes is created to read:
SB21-AA7,6,2319 118.60 (10) (bg) The state superintendent may issue an order immediately
20terminating a private school's participation in the program under this section if he
21or she determines that the owner of the private school would not be eligible or
22permitted to be employed, licensed, or permitted for any of the reasons specified
23under s. 115.31 (2g) or (6m) or 115.315.
SB21-AA7,3 24Section 3. 118.60 (10) (br) of the statutes is created to read:
SB21-AA7,7,5
1118.60 (10) (br) The state superintendent may issue an order immediately
2terminating a private school's participation in the program under this section if he
3or she determines that the private school has failed to comply with the requirements
4under sub. (7) (h) 1. or 2. or if the private school employs an individual in
5contravention of the prohibitions under sub. (7) (h) 3.
SB21-AA7,4 6Section 4. 118.60 (10) (c) of the statutes is amended to read:
SB21-AA7,7,97 118.60 (10) (c) Whenever the state superintendent issues an order under par.
8(a), (am), (ar), or (b), (bg), or (br), he or she shall immediately notify the parent or
9guardian of each pupil attending the private school under this section.
SB21-AA7,5 10Section 5. 119.23 (7) (h) of the statutes is created to read:
SB21-AA7,7,1411 119.23 (7) (h) 1. Each private school participating in the program under this
12section shall annually conduct state and federal background checks of all teachers
13and administrators employed by the private school on the effective date of this
14subdivision .... [LRB inserts date].
SB21-AA7,7,1915 2. Beginning on the effective date of this subdivision .... [LRB inserts date],
16each private school participating in the program under this section shall annually
17conduct state and federal background checks of each individual who applies to teach
18in or serve as an administrator of the private school prior to extending an offer of
19employment to that individual.
SB21-AA7,7,2320 3. A participating private school may not employ a person as a teacher or
21administrator or contract with the person to serve as a teacher or administrator if
22the person would not be eligible to be employed, licensed, or permitted for any of the
23reasons specified under s. 115.31 (2g) or (6m) or 115.315.
SB21-AA7,6 24Section 6. 119.23 (10) (bg) of the statutes is created to read:
SB21-AA7,8,5
1119.23 (10) (bg) The state superintendent may issue an order immediately
2terminating a private school's participation in the program under this section if he
3or she determines that the owner of the private school would not be eligible or
4permitted to be employed, licensed, or permitted for any of the reasons specified
5under s. 115.31 (2g) or (6m) or 115.315.
SB21-AA7,7 6Section 7. 119.23 (10) (br) of the statutes is created to read:
SB21-AA7,8,117 119.23 (10) (br) The state superintendent may issue an order immediately
8terminating a private school's participation in the program under this section if he
9or she determines that the private school has failed to comply with the requirements
10under sub. (7) (h) 1. or 2. or if the private school employs an individual in
11contravention of the prohibitions under sub. (7) (h) 3.
SB21-AA7,8 12Section 8. 119.23 (10) (c) of the statutes is amended to read:
SB21-AA7,8,1513 119.23 (10) (c) Whenever the state superintendent issues an order under par.
14(a), (am), (ar), or (b), (bg), or (br), he or she shall immediately notify the parent or
15guardian of each pupil attending the private school under this section.".
SB21-AA7,8,17 166. Page 16, line 17: delete the material beginning with that line and ending
17with page 17, line 24.
SB21-AA7,8,19 187. Page 18, line 22: delete "town, or, subject to par. (os), of a school district,"
19and substitute "town or school district".
SB21-AA7,8,21 208. Page 18, line 24: delete the material beginning with that line and ending
21with page 19, line 12.
SB21-AA7,8,22 229. Page 68, line 17: delete lines 17 to 19.
SB21-AA7,8,23 2310. Page 116, line 4: delete that line.
SB21-AA7,8,24 2411. Page 118, line 17: delete that line.
SB21-AA7,9,1
112. Page 120, line 15: delete lines 15 to 16.
SB21-AA7,9,2 213. Page 120, line 20: delete lines 20 and 21.
SB21-AA7,9,3 314. Page 295, line 18: delete lines 18 to 21.
SB21-AA7,9,4 415. Page 295, line 22: delete lines 22 to 25.
SB21-AA7,9,5 516. Page 296, line 6: delete lines 6 to 8.
SB21-AA7,9,7 617. Page 296, line 24: delete the material beginning with that line and ending
7with page 297, line 5.
SB21-AA7,9,8 818. Page 297, line 6: delete lines 6 to 9.
SB21-AA7,9,9 919. Page 404, line 14: delete lines 14 to 17.
SB21-AA7,9,10 1020. Page 411, line 23: delete lines 23 to 25.
SB21-AA7,9,11 1121. Page 423, line 23: delete lines 23 to 25.
SB21-AA7,9,13 1222. Page 425, line 24: delete the material beginning with that line and ending
13with page 427, line 2.
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