118.60 (7) (d) 1. b. of the statutes is amended to read:
(d) 1. b. A copy of the school's current certificate of occupancy issued 15
by the municipality within which the school is located. If the private school moves 16
to a new location, the private school shall submit a copy of the new certificate of 17
occupancy issued by the municipality within which the school is located to the 18
department before the attendance of pupils at the new location and before the next 19
succeeding date specified in s. 121.05 (1) (a). If the municipality within which the 20
private school is located does not issue certificates of occupancy, the private school 21
may submit a certificate of occupancy issued by the local or regional governmental 22
unit with authority to issue certificates of occupancy or a letter or form from the 23
municipality within which the private school is located that explains that the 24
municipality does not issue certificates of occupancy. A temporary certificate of
occupancy does not meet the requirement of this subdivision.
2applies only to a private school located in an eligible school district.
118.60 (7) (dr) of the statutes is created to read:
(dr) A private school participating in the program under this section 5
may elect to maintain an electronic copy of any application submitted on behalf of 6
and any correspondence to or about a pupil attending the private school under this 7
section instead of a paper copy of the application and correspondence. The private 8
school shall maintain electronic copies of pupil applications and correspondence for 9
a period of at least 5 years.
118.60 (7) (e) of the statutes is amended to read:
(e) Each private school participating in the program under this 12
section shall administer the examinations required under s. 118.30 (1t) or
13examinations permitted under s. 118.301 (3)
to pupils attending the school under the 14
program. The private school may administer additional standardized tests to such 15
118.60 (8) of the statutes is repealed.
118.60 (10) (a) 3. of the statutes is amended to read:
(a) 3. Failed to refund to the state any overpayment made under 19
s. 118.60 (4) (b), 2011 stats., or s. 118.60 (4) (bg), 2011 stats., or under sub. (4) (bg)
(4m) by the date specified by department rule.
118.60 (11) (bm) of the statutes is created to read:
(bm) No later than 90 days after receiving a financial audit under 23
sub (7) (am), certify the financial audit. During the 90-day period between receipt 24
and certification, the department's contact with the auditor shall be limited to a 25
single written communication. The department's single written communication to
the auditor may include only matters that individually impact the private school's 2
financial statement by an amount that is greater than 1 percent of the total amount 3
the private school received under this section for the previous school year. An auditor 4
who receives a written communication under this paragraph shall respond to the 5
department within 15 days of receiving the written communication.
Subchapter I of chapter 119 [precedes 119.01] of the statutes 7
is created to read:
FiRST CLASS CITY school DISTRICT
119.02 (1) of the statutes is amended to read:
"Board" means the board of school directors in charge of the public 13
schools of a city of the 1st class other than those public schools transferred to the
14opportunity schools and partnership programs under s. 119.33 or subch. II
119.02 (2g) of the statutes is created to read:
"Commissioner" means the individual in charge of the opportunity 17
schools and partnership program under subch. II.
119.02 (4) of the statutes is created to read:
"Opportunity schools and partnership program" means the program 20
under s. 119.33 or the program under subch. II.
119.04 (1) of the statutes is amended to read:
Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 23
66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 24
115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 25
118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145
(4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 2
118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (6m),
(8), and (10), 118.245, 118.255, 3
118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50,
118.51, 118.52, 4
118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) 5
(b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 6
120.21 (3), and 120.25 are applicable to a 1st class city school district and board but
7not, unless explicitly provided in this chapter or in the terms of a contract, to the
8commissioner or to any school transferred to an opportunity schools and partnership
119.12 (6) of the statutes is renumbered 119.12 (6) (a) (intro.) 11
and amended to read:
(a) (intro.) The city attorney of the city shall be the legal adviser of 13
and attorney for the board, except that the board may shall
retain an attorney to 14
represent the board in any matter if any of
151. The mayor, the common council, the city attorney, or the
board determines 16
that it the board
requires specialized legal expertise not possessed by the city 17
182. The mayor, the common council, the
, or the board determines
19that the city attorney
does not have sufficient staff to adequately represent the 20
interests of the board or.
213. The mayor, the common council, the city attorney, or the board determines
a conflict of interest exists.
The city attorney shall notify the board as soon as a determination is made
24under par. (a) that the city attorney is unable to represent the board. The
provide the city attorney with reasonable notice of any board meeting at which the 2
board will consider retention of an attorney.
119.16 (1n) of the statutes is created to read:
119.16 (1n) Contract with the superintendent of schools or with the
Notwithstanding sub. (1m), immediately upon the transfer of a public 6
school to an opportunity schools and partnership program under s. 119.33 or subch. 7
II, the board shall make the superintendent of schools or the commissioner, 8
respectively, an agent of the board under any lease between the board and the city 9
and shall transfer to the superintendent of schools or the commissioner, respectively, 10
the possession, care, control, and management of all land, buildings, facilities, and 11
other property that is part of the school being transferred.
119.16 (2) of the statutes is amended to read:
119.16 (2) Establish schools and districts.
The board shall maintain the 14
public schools in the city, other than those public schools transferred to the
15opportunity schools and partnership programs under s. 119.33 and subch. II,
shall establish, organize and maintain such schools as the board determines are 17
necessary to accommodate the children entitled to instruction therein. The board 18
shall divide the city into attendance districts for such schools.
119.16 (8) of the statutes is amended to read:
119.16 (8) Budget.
(a) Annually before adopting its budget for the ensuing 21
school year and at least 5 days before transmitting its completed budget under par. 22
(b), the board shall hold a public hearing on the proposed school budget at a time and 23
place fixed by the board. At least 45 days before the public hearing, the board shall
24notify the superintendent of schools and the commissioner of the date, time, and
1place of the hearing.
At least one week before the public hearing, the board shall 2
publish a class 1 notice, under ch. 985, of the public hearing.
(b) The board shall transmit its completed budget to the common council on or 4
before the first Monday in August of each year on forms furnished by the auditing 5
officer of the city, and shall include in the budget the information specified under s.
6119.46 (1) for all public schools in the city under this chapter, including the schools
7transferred to the opportunity schools and partnership programs under s. 119.33 and
8subch. II. The board shall itemize those portions of the budget allocated to schools
9transferred to the opportunity schools and partnership programs under s. 119.33 and
. Such completed budget shall be published with the budget summary under 11
s. 65.04 (2) or 65.20 and budget under s. 65.05 (7).
119.16 (9) of the statutes is amended to read:
119.16 (9) School budget.
Annually, the board shall prepare a budget for each 14
school in the school district operating under this chapter, other than the schools
15transferred to the opportunity schools and partnership programs under s. 119.33 and
119.16 (15) of the statutes is created to read:
119.16 (15) Aggregate assessment data of pupils attending a school
19transferred to an opportunity schools and partnership program.
Upon receipt 20
from the superintendent of schools of pupil assessment and achievement data under 21
s. 119.33 (2) (d) or from the commissioner of pupil assessment and achievement data 22
under s. 119.9002 (4) for pupils enrolled in schools transferred to an opportunity 23
schools and partnership program, the board may not make any modifications to the 24
data but shall transmit that data to the state superintendent along with the report 25
submitted under s. 119.44.
119.18 (1r) of the statutes is renumbered 119.18 (1r) (a) and 2
amended to read:
(a) The Subject to par. (b), the
board may adopt and modify or repeal 4
rules for its own government and for the organization, discipline and management 5
of the public schools which shall promote the good order and public usefulness of the 6
119.18 (1r) (b) of the statutes is created to read:
(b) The board may not establish by rule any limit on the number 9
of pupils who may enroll in a charter school that is not an instrumentality of the 10
school district, as determined under s. 118.40 (7).
119.23 (1) (ah) of the statutes is repealed.
119.23 (1) (b) of the statutes is repealed.
119.23 (1) (c) of the statutes is repealed.
119.23 (2) (a) 1. a. of the statutes is amended to read:
(a) 1. a. The pupil is a member of a family that has a total family 16
income that does not exceed an amount equal to 3.0 times the poverty level 17
determined in accordance with criteria established by the director of the federal 18
office of management and budget. In this subdivision and sub. (3m), family income 19
includes income of the pupil's parents or legal guardians. The Except as provided in
20subd. 1. d., the
family income of the pupil shall be verified as provided in subd. 1. b. 21
A pupil attending a private school under this section whose family income increases, 22
including a pupil who attended a private school under this section in the 2010-11 23
school year and whose family income has increased, may continue to attend a private 24
school under this section.
119.23 (2) (a) 1. d. of the statutes is created to read:
(a) 1. d. In this subd. 1. d., "eligible school district" has the meaning 2
given in s. 118.60 (1) (am). The family income of a pupil does not need to be verified 3
under subd. 1. b. for a pupil who resided in a school district other than an eligible 4
school district and other than the school district operating under this chapter in a 5
school year, attended a participating private school under the program under s. 6
118.60 in a school district other than an eligible school district in that school year, 7
and applies to attend a participating private school in the program under this section 8
in the school year immediately following that school year.
119.23 (2) (a) 3. of the statutes is amended to read:
(a) 3. Except as provided in sub. (2) par.
(ag) 1., the private school 11
notified the state superintendent of its intent to participate in the program under 12
this section or in the program under s. 118.60, and paid the nonrefundable annual 13
fee set by the department, by February 1 January 10
of the previous school year. The 14
notice shall specify the number of pupils participating in the program under this 15
section and in the program under s. 118.60 for which the school has space. The 16
department shall by rule set the fee charged under this subdivision at an amount 17
such that the total fee revenue covers the costs of employing one full-time auditor 18
to evaluate the financial information submitted by private schools under sub. (7) 19
(am) and (d) 2. and 3. and under s. 118.60 (7) (am) and (d) 2. and 3.
119.23 (2) (a) 6. a. of the statutes is amended to read:
(a) 6. a. Except as provided in subd. 6. c., all of the private school's 22
teachers have a teaching license issued by the department or
a bachelor's degree or 23
a degree or educational credential higher than a bachelor's degree, including a 24
masters or doctorate, from an a nationally or regionally
accredited institution of 25
119.23 (2) (a) 6. b. of the statutes is amended to read:
(a) 6. b. All of the private school's administrators have at least a 3
bachelor's degree from an a nationally or regionally
accredited institution of higher 4
education or a teaching license or administrator's license issued by the department
119.23 (3) (a) (intro.) of the statutes is amended to read:
(a) (intro.) The pupil or the pupil's parent or guardian shall submit 7
an application, on a form provided by the state superintendent, to the participating 8
private school that the pupil wishes to attend. If more than one pupil from the same 9
family applies to attend the same private school, the pupils may use a single 10
application. Within 60 days after receiving the application, the private school shall 11
notify each applicant, in writing, whether his or her application has been accepted. 12
If the private school rejects an application, the notice shall include the reason. A 13
private school may reject an applicant only if it has reached its maximum general 14
capacity or seating capacity. The state superintendent shall ensure that the private 15
school determines which pupils to accept on a random basis, except that the private 16
school may give preference to the following
in accepting applications to any of the
17following, in order of preference listed
119.23 (3) (a) 1. of the statutes is amended to read:
(a) 1. Pupils who attended the private school under this section 20
during the previous
school year prior to the school year for which the application is
119.23 (3) (a) 2. of the statutes is amended to read:
(a) 2. Siblings of pupils who attended the private school during the
24school year prior to the school year for which the application is being made and to
1siblings of pupils who have been accepted to the private school for the school year for
2which the application is being made described in subd. 1
119.23 (3) (a) 3. of the statutes is amended to read:
(a) 3. Pupils who attended another a different
private school under 5
this section or s. 118.60 during the previous
school year prior to the school year for
6which the application is being made
119.23 (3) (a) 4. of the statutes is created to read:
(a) 4. Siblings of pupils described in subd. 3.
119.23 (3) (a) 5. of the statutes is created to read:
(a) 5. Siblings of those pupils who have been randomly accepted to 11
attend the private school under this section and who did not attend a private school 12
under this section or s. 118.60 during the previous school year.
119.23 (4) (a) of the statutes is amended to read:
(a) Annually, on or before October
, a private school participating 15
in the program under this section shall file with the department a report stating its 16
daily membership equivalent and its summer choice average daily
17membership equivalent attendance for each day of summer school
for the purpose 18
of sub. (4m).
119.23 (4) (bg) 3. (intro.) and 119.23 (4) (bg) 3. b. of the statutes 20
are consolidated, renumbered 119.23 (4) (bg) 3. and amended to read:
(bg) 3. In the 2015-16 school year and in each school year thereafter, 22
upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in 23
the private school during a school term, except as provided in subd. 5.,
the state 24
superintendent shall pay to the private school in which the pupil is enrolled on behalf 25
of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fu), the
1lesser of the following: b. Except as provided in subd. 5.,
an amount equal to the sum 2
of the maximum amount per pupil the state superintendent paid a private school 3
under this section in the previous school year for the grade in which the pupil is 4
enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for 5
the current school year, if positive; and the change in the amount of statewide 6
categorical aid per pupil between the previous school year and the current school 7
year, as determined under s. 118.40 (2r) (e) 2p., if positive.
119.23 (4) (bg) 3. a. of the statutes is repealed.
119.23 (4) (bg) 5. (intro.) of the statutes is amended to read:
(bg) 5. (intro.) If the pupil described in subd. 3. is enrolled in a private 11
school that enrolls pupils under the program in any grade between kindergarten to 12
8 and also in any grade between 9 to 12, the state superintendent shall substitute 13
for the amount described in subd. 3. b.
the amount determined under subd. 4. a. to 14
d., with the following modifications:
119.23 (4) (d) of the statutes is repealed.
119.23 (4s) of the statutes is created to read:
Notwithstanding subs. (4), (4m), and (4r), a pupil attending a 18
private school participating in the program under this section who is receiving a 19
scholarship under s. 115.7915 shall not be counted as a pupil attending the private 20
school under this section under sub. (4), (4m), or (4r).
119.23 (6m) (b) 3. (intro.) and d. of the statutes are consolidated, 22
renumbered 119.23 (6m) (b) 3. and amended to read:
(b) 3. For each of the previous 5 school years in which the private 24
school has participated in the program under this section, all of the following
1information: d. To to
the extent permitted under 20 USC 1232g
and 43 CFR part 99
pupil scores on all standardized tests administered under sub. (7) (e) s. 118.30 (1s)
119.23 (6m) (b) 3. a. to c. of the statutes are repealed.
119.23 (7) (am) of the statutes is renumbered 119.23 (7) (am) 5
2m. and amended to read:
(am) 2m. Each private school participating in the program under this 7
section is subject to uniform financial accounting standards established by the 8
department. Annually by September 1 October 15
following a school year in which 9
a private school participated in the program under this section, the private school 10
shall submit to the department all of the following:
a. An independent financial audit of the private school conducted by an 12
independent certified public accountant, accompanied by the auditor's statement 13
that the report is free of material misstatements and fairly presents
14under sub. (4) (bg). The audit under this subdivision shall be limited in scope to those
15records that are necessary for the department to make payments under subs. (4) and
16(4m) the private school's eligible education expenses, and beginning in the 2nd school
17year a private school participates in the program under this section, a copy of the
18management letter prepared by the auditor. The audit shall be prepared in
19accordance with generally accepted accounting principles with allowable
20modifications for long-term fixed assets acquired before 2014. The audit shall
21include a calculation of the private school net eligible education expenses and a
22calculation of the balance of the private school's fund for future eligible education
. The audit under this subdivision shall be limited in scope to those records 24
that are necessary for the department to make payments under subs. (4) and (4m). 25
The auditor shall conduct his or her audit, including determining sample sizes and
evaluating financial viability, in accordance with the auditing standards established 2
by the American Institute of Certified Public Accountants. The department may not 3
require an auditor to comply with standards that exceed the scope of the standards 4
established by the American Institute of Certified Public Accountants.
If a private
5school participating in a program under this section is part of an organization and
6the private school and the organization share assets, liabilities, or eligible education
7expenses, the private school may submit an audit of the private school or of the
8organization of which it is a part. If a private school that is part of an organization
9with which it shares assets, liabilities, or eligible education expenses submits an
10audit of only the private school, the independent auditor shall use his or her
11professional judgment to allocate any shared assets, liabilities, and eligible
12education expenses between the organization and the private school.
If a private 13
school participating in the program under this section also accepts pupils under s. 14
118.60, the private school may submit one comprehensive financial audit to satisfy 15
the requirements of this subdivision and s. 118.60 (7) (am) 1 2m
. The private school 16
shall include in the comprehensive financial audit the information specified under 17
s. 118.60 (7) (am) 1 2m
b. Evidence of sound fiscal and internal control practices, as prescribed by the 19
department by rule. An independent
auditor engaged to evaluate the private school's 20
fiscal and internal control practices shall conduct his or her evaluation, including 21
determining sample sizes, in accordance with attestation standards established by 22
the American Institute of Certified Public Accountants. The independent auditor
23engaged to evaluate the private school's fiscal and internal control practice shall also
24review any concerns raised in the private school's management letter submitted
25under subd. 2m. a. The fact that a private school reports a negative reserve balance
1alone is not evidence that the private school does not have the financial ability to
2continue operating or that the private school does not follow sound fiscal and internal
119.23 (7) (am) 1m. of the statutes is created to read:
(am) 1m. In this paragraph, "eligible education expenses" means all 6
direct and indirect costs associated with a private school's educational programming 7
for pupils enrolled in grades kindergarten to 12 that are reasonable for the private 8
school to achieve its educational purposes, as determined by the governing body of 9
the private school and reviewed by an independent auditor. "Eligible education 10
expenses" include expenses related to management, insurance, transportation, 11
extracurricular programming and activities, facility and equipment costs, 12
development expenses, and programming that provides child care services before 13
school, after school, or both before and after school.
119.23 (7) (am) 2m. c. of the statutes is created to read: