Amendment SA8-AB56

SENATE AMENDMENT 8, TO ASSEMBLY BILL 56

June 26, 2019 - Offered by Senator Larson.

AB56-SA8,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB56-SA8,1,3 1. Page 418, line 7: after that line insert:

AB56-SA8,1,4 “ Section 1515d. 118.016 (1) (bm) of the statutes is created to read:

AB56-SA8,1,13 118.016 (1) (bm) Beginning in the 2019-20 school year, each governing body of a private school participating in a program under s. 118.60 or 119.23 shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the school board or operator, annually assess each pupil enrolled in 4-year-old kindergarten to 2nd grade attending the private school under the program under s. 118.60 or 119.23 for reading readiness. The governing body shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge. The governing body of a private school may administer computer adaptive assessments.

AB56-SA8,1516d Section 1516d. 118.016 (1) (c), (1g), (1r) and (2) of the statutes are amended to read:

AB56-SA8,2,9 118.016 (1) (c) The department shall pay to the school board or, operator, or governing body of a private school, from the appropriation under s. 20.255 (1) (f), the per pupil cost of the selected assessment. If the appropriation under s. 20.255 (1) (f) in any fiscal year is insufficient to pay the full amount of aid under this paragraph, the state superintendent shall prorate state aid payments among the school boards and, operators of charter schools , and governing bodies of private schools entitled to the aid.

AB56-SA8,2,12 (1g) If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r) or (2x), or governing body of the private school shall comply with s. 115.77 (1m) (bg).

AB56-SA8,2,15 (1r) The school board or, operator of the charter school, or governing body of the private school shall report the results of a pupil's assessment under sub. (1) to the pupil's parent or guardian.

AB56-SA8,2,20 (2) The school board of the school district or operator of the charter school in which the pupil is enrolled or the private school the pupil attends under s. 118.60 or 119.23 shall provide a pupil whose assessment under sub. (1) indicates that he or she is at risk of reading difficulty with interventions or remedial reading services, as described under s. 121.02 (1) (c).

AB56-SA8,1517d Section 1517d. 118.30 (5m) of the statutes is amended to read:

AB56-SA8,3,3 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) or s. 118.301 (3), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall may not exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB56-SA8,1518d Section 1518d. 118.305 (1) (gm) of the statutes is created to read:

AB56-SA8,3,7 118.305 (1) (gm) “Pupil” does not include a pupil attending a private school participating in a program under s. 115.7915, 118.60, or 119.23 who is not participating the program.

AB56-SA8,1519d Section 1519d. 118.305 (1) (h) of the statutes is amended to read:

AB56-SA8,3,10 118.305 (1) (h) “School" means a public school, including a charter school, and a private school participating in the program under s. 115.7915 , 118.60, or 119.23.

AB56-SA8,1520d Section 1520d. 118.305 (3) (e) of the statutes is amended to read:

AB56-SA8,3,13 118.305 (3) (e) It does not constitute corporal punishment, as defined in s. 118.31 (1) (a).

AB56-SA8,1521d Section 1521d. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and amended to read:

AB56-SA8,3,16 118.31 (1) (intro.) In this section, “ corporal:

AB56-SA8,3,22 (a) “Corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. “Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. “Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training.

AB56-SA8,1523d Section 1523d. 118.31 (1) (b) of the statutes is created to read:

AB56-SA8,3,25 118.31 (1) (b) “Private school" means a private school that is participating in a parental choice program under s. 115.7915, 118.60, or 119.23.

AB56-SA8,1524d Section 1524d. 118.31 (2) of the statutes is amended to read:

AB56-SA8,4,5 118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a school board may subject a pupil enrolled in the school district to corporal punishment and no official, employee, or agent of a private school may subject a pupil attending the private school to corporal punishment.

AB56-SA8,1525d Section 1525d. 118.31 (3) (intro.) of the statutes is amended to read:

AB56-SA8,4,8 118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or agent of a school board or of a private school from:

AB56-SA8,1526d Section 1526d. 118.31 (4) of the statutes is amended to read:

AB56-SA8,4,16 118.31 (4) Each school board and each governing body of a private school shall adopt a policy that allows any official, employee, or agent of the school board or private school to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person an official, employee, or agent of a school board or private school was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an the official, employee, or agent of a school board.

AB56-SA8,1527d Section 1527d. 118.31 (5) of the statutes is amended to read:

AB56-SA8,4,23 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or of a governing body of a private school or their officials, employees or agents of an official, employee, or agent of the school board or private school for damages arising out of claims involving allegations of improper or unnecessary use of force by a school employees official, employee, or agent against students a pupil.

AB56-SA8,1528d Section 1528d. 118.31 (6) of the statutes is amended to read:

AB56-SA8,5,4 118.31 (6) Nothing in this section shall prohibit, permit or otherwise affect any action taken by an official, employee, or agent of a school board or private school with regard to a person who is not a pupil enrolled in the school district or attending the private school.

AB56-SA8,1529d Section 1529d. 118.33 (1) (f) 5. of the statutes is created to read:

AB56-SA8,5,10 118.33 (1) (f) 5. Beginning in the 2019-20 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting a high school diploma specified in pars. (a) and (b), with the exceptions provided in pars. (d) and (e).

AB56-SA8,1530d Section 1530d. 118.60 (2) (a) 9. of the statutes is created to read:

AB56-SA8,5,12 118.60 (2) (a) 9. The private school is located in this state.

AB56-SA8,1531d Section 1531d. 118.60 (2) (e) of the statutes is created to read:

AB56-SA8,5,15 118.60 (2) (e) No more than 49 percent of a private school's enrollment may consist of pupils attending the private school under this section and s. 119.23.

AB56-SA8,1532d Section 1532d. 118.60 (4) (bg) 3. of the statutes is amended to read:

AB56-SA8,6,3 118.60 (4) (bg) 3. In the 2015-16 to 2018-19 school year and in each school year thereafter years, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, except as provided in subd. 5., the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB56-SA8,1533d Section 1533d. 118.60 (4) (bg) 6. of the statutes is created to read:

AB56-SA8,6,9 118.60 (4) (bg) 6. Beginning in the 2019-20 school year, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the lesser of the following:

AB56-SA8,6,11 1. The amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department.

AB56-SA8,6,14 2. The average of the tuition paid by a pupil attending the private school, but not under the program under this section or the program under s. 119.23, in the current and 2 preceding school years.

AB56-SA8,6,15 3. For a pupil in grade kindergarten to 8, $7,754.

AB56-SA8,6,16 4. For a pupil in grade 9 to 12, $8,400.

AB56-SA8,1534d Section 1534d. 118.60 (4) (dc) of the statutes is created to read:

AB56-SA8,6,19 118.60 (4) (dc) In determining a private school's operating and debt service cost per pupil under par. (bg), the department shall do all of the following:

AB56-SA8,6,21 1. Subtract only the following, up to the actual cost of the service or material related to each item:

AB56-SA8,6,22 a. Fees charged to pupils for books and supplies used in classes and programs.

AB56-SA8,6,23 b. Rentals for school buildings.

AB56-SA8,6,24 c. Food service revenues.

AB56-SA8,6,25 d. Governmental financial assistance.

AB56-SA8,7,1 e. Interest and other income resulting from the investment of debt proceeds.

AB56-SA8,7,7 2. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party, there is no other mechanism to include the private school's facility costs in the calculation of its operating and debt service cost, and the private school requests that the department do so, include an amount equal to 10.5 percent of the fair market value of the school and its premises.

AB56-SA8,7,12 3. Allow a private school to accumulate up to 15 percent of the private school's annual operating and debt service costs related to educational programming in a reserve account and include any increase to that reserved amount in the department's determination of the private school's operating and debt service costs related to programming for that school year.

AB56-SA8,1535d Section 1535d. 118.60 (4m) (a) of the statutes is repealed and recreated to read:

AB56-SA8,7,19 118.60 (4m) (a) In addition to the payment under sub. (4), the state superintendent shall, subject to par. (b), pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending the private school under this section, in the manner described in sub. (4) (c), the amount determined as follows:

AB56-SA8,7,21 1. Determine the private school's operating and debt service cost per pupil in summer school that is related to educational programming.

AB56-SA8,7,22 2. Multiply the amount under subd. 1. by 0.40.

AB56-SA8,7,25 3. Multiply the product under subd. 2. by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under sub. (4).

AB56-SA8,1536d Section 1536d. 118.60 (7) (b) 3m. of the statutes is amended to read:

AB56-SA8,8,12 118.60 (7) (b) 3m. Annually, schedule 2 meetings at least one meeting each month at which members of the governing body of the private school will be present and at which pupils, and the parents or guardians of pupils, applying to attend the private school or attending the private school may meet and communicate with the members of the governing body. The meetings shall be open to the public. The private school shall, within 30 days after the start of the school term, notify the department in writing of the scheduled meeting dates and shall, at least 30 days before the scheduled meeting date, notify in writing each pupil, or the parent or guardian of each minor pupil, applying to attend the private school or attending the private school of the meeting date, time, and place. The private school shall provide notice of the meetings in the manner provided in s. 19.84.

AB56-SA8,1537d Section 1537d. 118.60 (7) (b) 9. of the statutes is created to read:

AB56-SA8,8,18 118.60 (7) (b) 9. Permit public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, a school board under subch. II of ch. 19. This subdivision applies only to records that relate to pupils attending the private school under this section.

AB56-SA8,1538d Section 1538d. 118.60 (7) (d) 1. b. of the statutes is amended to read:

AB56-SA8,8,25 118.60 (7) (d) 1. b. A Except as provided in subd. 1. c., a copy of the school's current certificate of occupancy issued by the municipality within which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the municipality within which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a).

AB56-SA8,9,9 c. If the municipality within which the private school is located does not issue certificates of occupancy, the private school may submit a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy or a letter or form from the municipality within which the private school is located that explains that the municipality does not issue certificates of occupancy. A temporary certificate of occupancy does not meet the requirement of this subdivision private school to which this subd. 1. c. applies shall annually obtain a building inspection of the school building. This subdivision applies only to a private school located in an eligible school district.

AB56-SA8,1539d Section 1539d. 118.60 (7) (d) 1. d. of the statutes is created to read:

AB56-SA8,9,12 118.60 (7) (d) 1. d. A temporary certificate of occupancy does not satisfy the requirements of this subdivision.

AB56-SA8,1540d Section 1540d. 118.60 (7) (i) of the statutes is created to read:

AB56-SA8,9,23 118.60 (7) (i) Beginning in the 2019-20 school year, each private school participating in the program under this section shall annually report to the department the numbers of suspensions and expulsions; the reasons for which pupils are suspended or expelled, according to categories specified by the department; the length of time for which pupils are expelled, according to categories specified by the department; whether pupils return to school after their expulsion; the educational programs and services, if any, provided to pupils during their expulsions, reported according to categories specified by the department; and the grade, sex, and ethnicity of pupils who are suspended or expelled and whether the pupils are children with disabilities, as defined in s. 115.76 (5).

AB56-SA8,1541d Section 1541d. 118.60 (10) (a) 7. of the statutes is amended to read:

AB56-SA8,9,25 118.60 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or, 6., or 9.

AB56-SA8,1542d Section 1542d. 118.60 (10) (a) 9. of the statutes is created to read:

AB56-SA8,10,3 118.60 (10) (a) 9. Violated or employed an individual who violated s. 118.016, 118.305, 118.31, or 118.33 (1) (f) 5.

AB56-SA8,1543d Section 1543d. 118.60 (10) (a) 10. of the statutes is created to read:

AB56-SA8,10,5 118.60 (10) (a) 10. Violated the rules promulgated under s. 120.13 (1) (i).

AB56-SA8,1544d Section 1544d. 118.60 (10) (bg) of the statutes is created to read:

AB56-SA8,10,11 118.60 (10) (bg) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that the owner of the private school would not be eligible or permitted to be employed, licensed, or permitted for any of the reasons specified under s. 115.31 (2g) or (6m) or 115.315.

AB56-SA8,1545d Section 1545d. 118.60 (10) (c) of the statutes is amended to read:

AB56-SA8,10,15 118.60 (10) (c) Whenever the state superintendent issues an order under par. (a), (am), (ar), or, (b), or (bg), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB56-SA8,1545d Section 1545d. 118.60 (11) (d) of the statutes is repealed.