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2015 - 2016 LEGISLATURE
SENATE AMENDMENT 5,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 21
July 7, 2015 - Offered by Senators C. Larson, Harris Dodd, Ringhand, Bewley,
Erpenbach, Vinehout, Risser, Shilling, Hansen, Carpenter and L. Taylor.
SB21-SSA1-SA5,1,11 At the locations indicated, amend the substitute amendment as follows:
SB21-SSA1-SA5,1,2 21. At the appropriate places, insert all of the following:
SB21-SSA1-SA5,1,3 3" Section 1. 115.28 (7) (b) of the statutes is amended to read:
SB21-SSA1-SA5,2,24 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of
5applicants and granting and revocation of licenses or certificates under par. (a), the
6state superintendent shall grant certificates and licenses to teachers in private
7schools and tribal schools, except that teaching experience requirements for such
8certificates and licenses may be fulfilled by teaching experience in public, private,
9or tribal schools. An applicant is not eligible for a license or certificate unless the
10state superintendent finds that the private school or tribal school in which the
11applicant taught offered an adequate educational program during the period of the
12applicant's teaching therein. Private Except as provided in ss. 118.60 (2) (a) 6m. and

1119.23 (2) (a) 6m., private
schools are not obligated to employ only licensed or
2certified teachers.
SB21-SSA1-SA5,2 3Section 2. 118.016 (1) of the statutes is renumbered 118.016 (1) (a) and
4amended to read:
SB21-SSA1-SA5,2,145 118.016 (1) (a) In the 2013-14 school year, each school board and the governing
6body
operator of each charter school established under s. 118.40 (2r) shall, using the
7appropriate, valid, and reliable assessment of literacy fundamentals selected by the
8department, annually assess each pupil enrolled in 4-year-old kindergarten to first
9grade in the school district or in the charter school for reading readiness. Beginning
10in the 2014–15 school year, each school board and the governing body operator of
11each charter school established under s. 118.40 (2r) shall, using the appropriate,
12valid, and reliable assessment of literacy fundamentals selected by the department,
13annually assess each pupil enrolled in 4-year-old kindergarten to second grade in
14the school district or in the charter school for reading readiness.
SB21-SSA1-SA5,2,17 15(c) The department shall ensure that the assessment under this subsection
16evaluates whether a pupil possesses phonemic awareness and letter sound
17knowledge.
SB21-SSA1-SA5,3 18Section 3. 118.016 (1) (b) of the statutes is created to read:
SB21-SSA1-SA5,3,419 118.016 (1) (b) In the 2015-16 school year, the governing body of each private
20school participating in a parental choice program under s. 118.60 or 119.23 shall,
21using the appropriate, valid, and reliable assessment of literacy fundamentals
22selected by the department, annually assess each pupil enrolled in 4-year-old
23kindergarten to first grade in the private school for reading readiness. Beginning in
24the 2016-17 school year, the governing body of each private school participating in
25a parental choice program under s. 118.60 or 119.23 shall, using the appropriate,

1valid, and reliable assessment of literacy fundamentals selected by the department,
2annually assess each pupil enrolled in 4-year-old kindergarten to second grade in
3the private school for reading readiness. This paragraph applies only to pupils
4attending the school under s. 118.60 or 119.23.
SB21-SSA1-SA5,4 5Section 4. 118.016 (1g), (1r) and (2) of the statutes are amended to read:
SB21-SSA1-SA5,3,96 118.016 (1g) If a pupil is enrolled in a special education program under subch.
7V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r),
8or governing body of the private school under s. 118.60 or 119.23
shall comply with
9s. 115.77 (1m) (bg).
SB21-SSA1-SA5,3,12 10(1r) The school board, operator of the charter school, or governing body of the
11charter private school shall report the results of a pupil's assessment under sub. (1)
12to the pupil's parent or guardian.
SB21-SSA1-SA5,3,17 13(2) The school board of the school district, operator of the charter school, or
14governing body of the charter private school in which the pupil is enrolled shall
15provide a pupil whose assessment under sub. (1) indicates that he or she is at risk
16of reading difficulty with interventions or remedial reading services, as described
17under s. 121.02 (1) (c).
SB21-SSA1-SA5,5 18Section 5. 118.19 (1) of the statutes is amended to read:
SB21-SSA1-SA5,3,2319 118.19 (1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach
20in a public school, including a charter school, in a private school participating in a
21parental choice program under s. 118.60 or 119.23,
or in a school or institution
22operated by a county or the state shall first procure a license or permit from the
23department.
SB21-SSA1-SA5,6 24Section 6. 118.30 (5m) of the statutes is amended to read:
SB21-SSA1-SA5,4,7
1118.30 (5m) When determining the percentage of pupils participating in the
2program under s. 119.23 who performed at designated proficiency levels on the
3examinations administered as required under sub. (1s), the department shall
4consider only the pupils participating in the program under s. 119.23 to whom the
5examinations were administered at each grade level, and shall
not exclude from
6consideration those pupils participating in the program under s. 119.23 who were
7excused from taking the examinations under sub. (2) (b) 5.
SB21-SSA1-SA5,7 8Section 7. 118.305 (1) (gm) of the statutes is created to read:
SB21-SSA1-SA5,4,119 118.305 (1) (gm) "Pupil" excludes pupils who are attending a private school
10participating in a parental choice program under s. 118.60 or 119.23 but not under
11the parental choice program.
SB21-SSA1-SA5,8 12Section 8. 118.305 (1) (h) of the statutes is amended to read:
SB21-SSA1-SA5,4,1413 118.305 (1) (h) "School" means a public school, including a charter school, and
14a private school participating in a parental choice program under s. 118.60 or 119.23
.
SB21-SSA1-SA5,9 15Section 9. 118.305 (3) (e) of the statutes is amended to read:
SB21-SSA1-SA5,4,1716 118.305 (3) (e) It does not constitute corporal punishment, as defined in s.
17118.31 (1) (a).
SB21-SSA1-SA5,10 18Section 10. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and
19amended to read:
SB21-SSA1-SA5,4,2020 118.31 (1) (intro.) In this section, "corporal:
SB21-SSA1-SA5,5,2 21(a) "Corporal punishment" means the intentional infliction of physical pain
22which is used as a means of discipline. "Corporal punishment" includes, but is not
23limited to, paddling, slapping or prolonged maintenance of physically painful
24positions, when used as a means of discipline. "Corporal punishment" does not

1include actions consistent with an individualized education program developed
2under s. 115.787 or reasonable physical activities associated with athletic training.
SB21-SSA1-SA5,11 3Section 11. 118.31 (1) (b) of the statutes is created to read:
SB21-SSA1-SA5,5,64 118.31 (1) (b) "Private school" means a private school, as defined in s. 115.001
5(3r), that is participating in any parental choice program under ss. 118.60 and
6119.23.
SB21-SSA1-SA5,12 7Section 12. 118.31 (2) of the statutes is amended to read:
SB21-SSA1-SA5,5,108 118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a
9school board or of a private school may subject a pupil enrolled in the school district
10or in the private school to corporal punishment.
SB21-SSA1-SA5,13 11Section 13. 118.31 (3) (intro.) of the statutes is amended to read:
SB21-SSA1-SA5,5,1312 118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or
13agent of a school board or of a private school from:
SB21-SSA1-SA5,14 14Section 14. 118.31 (4) of the statutes is amended to read:
SB21-SSA1-SA5,5,2115 118.31 (4) Each school board and each private school shall adopt a policy that
16allows any official, employee, or agent of the school board or private school to use
17reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining
18whether or not a person an official, employee, or agent of a school board or of a private
19school
was acting within the exceptions in sub. (3), deference shall be given to
20reasonable, good faith judgments made by an the official, employee, or agent of a
21school board
.
SB21-SSA1-SA5,15 22Section 15. 118.31 (5) of the statutes is amended to read:
SB21-SSA1-SA5,6,323 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a
24separate basis for civil liability of a school board or of a private school or their
25officials, employees or agents
of an official, employee, or agent of the school board or

1private school
for damages arising out of claims involving allegations of improper or
2unnecessary use of force by a school employees official, employee, or agent against
3students a pupil.
SB21-SSA1-SA5,16 4Section 16. 118.31 (6) of the statutes is amended to read:
SB21-SSA1-SA5,6,85 118.31 (6) Nothing in this section shall prohibit, permit, or otherwise affect any
6action taken by an official, employee, or agent of a school board or private school with
7regard to a person who is not a pupil enrolled in the school district or in the private
8school
.
SB21-SSA1-SA5,17 9Section 17. 118.33 (1) (f) 5. of the statutes is created to read:
SB21-SSA1-SA5,6,1410 118.33 (1) (f) 5. Beginning in the 2015-16 school year, the governing body of
11each private school participating in a parental choice program under s. 118.60 or
12119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting
13a high school diploma specified in pars. (a) and (b), with the exceptions provided in
14pars. (d) and (e).
SB21-SSA1-SA5,18 15Section 18. 118.60 (2) (a) (intro.) of the statutes is amended to read:
SB21-SSA1-SA5,6,2116 118.60 (2) (a) (intro.) Subject to pars. (ag) and (ar), any pupil in grades
17kindergarten to 12 who resides within an eligible school district may attend any
18private school under this section and, subject to pars. (ag), (ar), (be), (bm), and (bs),
19any pupil in grades kindergarten to 12 who resides in a school district, other than
20an eligible school district or a 1st class city school district, may attend any private
21school under this section if all of the following apply:
SB21-SSA1-SA5,19 22Section 19. 118.60 (2) (a) 1. a. of the statutes is amended to read:
SB21-SSA1-SA5,7,623 118.60 (2) (a) 1. a. Except as provided in par. (bm) subd. 1. am., the pupil is a
24member of a family that has a total family income that does not exceed an amount
25equal to 3.0 times the poverty level determined in accordance with criteria

1established by the director of the federal office of management and budget. In this
2subdivision and sub. (3m), family income includes income of the pupil's parents or
3legal guardians. The, and the family income of the pupil shall be verified as provided
4in subd. 1. b. A pupil attending a private school under this section whose family
5income increases above the income level in this subd. 1. a. may continue to attend
6a private school under this section.
SB21-SSA1-SA5,20 7Section 20. 118.60 (2) (a) 1. am. of the statutes is created to read:
SB21-SSA1-SA5,7,158 118.60 (2) (a) 1. am. Beginning in the 2015-16 school year, the pupil is a
9member of a family that has a total family income that does not exceed an amount
10equal to 1.85 times the poverty level determined in accordance with criteria
11established by the director of the federal office of management and budget. The
12family income of the pupil shall be verified as provided in subd. 1. b. A pupil
13attending a private school under this section whose family income increases above
14the income level in this subd. 1. am. may continue to attend a private school under
15this section.
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