AB56: Bill Text

AB56,854,10 118.40 (2x) (g) 1. Except as provided in subd. 2., beginning on the effective date of this subdivision .... [LRB inserts date], and ending on July 1, 2023, the director may not enter into a contract with a person to operate a charter school that was not operating on the effective date of this subdivision .... [LRB inserts date].

AB56,854,14 2. The director may contract with a person to operate a charter school that begins operating after the effective date of this subdivision .... [LRB inserts date], if the director notified the state superintendent under sub. (1) by February 1, 2019, of the director's intention to establish the charter school.

AB56,1577 Section 1577. 118.40 (3) (h) of the statutes is amended to read:

AB56,854,22 118.40 (3) (h) A Except as provided under subs. (2r) (i) and (2x) (g), a school board, an entity under sub. (2r), or the director under sub. (2x) may contract for the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board, entity under sub. (2r), or the director under sub. (2x) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.

AB56,1578 Section 1578. 118.50 (2m) (a) 2. of the statutes is amended to read:

AB56,855,4 118.50 (2m) (a) 2. Beginning in In the 2017-18 and 2018-19 school year years, the sum of the per pupil amount under this paragraph for the previous school year; the amount of the per pupil revenue limit 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.

AB56,1579 Section 1579. 118.50 (2m) (a) 3. of the statutes is created to read:

AB56,855,10 118.50 (2m) (a) 3. Beginning in the 2019-20 school year, the sum of the per pupil amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) (a) between the previous school year and the current school year, if positive.

AB56,1580 Section 1580 . 118.51 (1) (aj) of the statutes is repealed.

AB56,1581 Section 1581 . 118.51 (9) of the statutes is amended to read:

AB56,855,23 118.51 (9) Appeal of rejection. If the nonresident school board rejects an application under sub. (3) (a) or (7), the resident school board prohibits a pupil from attending public school in a nonresident school district under sub. (3m) (d) or the nonresident school board prohibits a pupil from attending public school in the nonresident school district under sub. (11), the pupil's parent may appeal the decision to the department within 30 days after the decision. If the nonresident school board provides notice that the special education or related service is not available under sub. (12) (b), the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable.

AB56,1582 Section 1582 . 118.51 (12) (title) of the statutes is amended to read:

AB56,856,2 118.51 (12) (title) Nonresident school district statement of educational costs; special Special education or related services.

AB56,1583 Section 1583 . 118.51 (12) (a) of the statutes is repealed.

AB56,1584 Section 1584 . 118.51 (12) (b) of the statutes is renumbered 118.51 (12).

AB56,1585 Section 1585 . 118.51 (16) (a) 1. of the statutes is amended to read:

AB56,856,8 118.51 (16) (a) 1. For each school district, the number of nonresident pupils attending public school in the school district under this section, other than pupils for whom a payment is made under sub. (17) (a), or (c), or (cm).

AB56,1586 Section 1586 . 118.51 (16) (a) 2. of the statutes is amended to read:

AB56,856,12 118.51 (16) (a) 2. For each school district, the number of resident pupils attending public school in a nonresident school district under this section, other than pupils for whom a payment is made under sub. (17) (a), or (c), or (cm).

AB56,1587 Section 1587 . 118.51 (16) (a) 3. b. of the statutes is amended to read:

AB56,856,21 118.51 (16) (a) 3. b. Beginning with the amount in the 2015-16 school year and ending with the amount for the 2018-19 school year, except as provided in subd. 3. c., in each school year thereafter, the sum of the amount determined under this subdivision for the previous school year; the amount of the per pupil revenue limit 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.

AB56,1588 Section 1588 . 118.51 (16) (a) 3. bm. of the statutes is created to read:

AB56,857,3 118.51 (16) (a) 3. bm. Beginning with the amount for the 2019-20 school year, except as provided in subd. 3. c., and in each school year thereafter, the sum of the amount determined under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) (a) between the previous school year and the current school year, if positive.

AB56,1589 Section 1589 . 118.51 (16) (a) 3. c. of the statutes is amended to read:

AB56,857,6 118.51 (16) (a) 3. c. For the amount in the 2017-18 to 2020-21 school years, the amount determined under subd. 3. b. or bm. plus $100.

AB56,1590 Section 1590 . 118.51 (16) (c) of the statutes is amended to read:

AB56,857,12 118.51 (16) (c) If a pupil attends public school in a nonresident school district under this section for less than a full school term, the department shall prorate the state aid adjustments under this subsection and sub. (17) (c) and (cm) based on the number of days that school is in session and the pupil attends public school in the nonresident school district.

AB56,1591 Section 1591 . 118.51 (16) (d) of the statutes is amended to read:

AB56,857,16 118.51 (16) (d) The department shall ensure that the aid adjustments under par. (b) and sub. (17) (c) and (cm) do not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

AB56,1592 Section 1592 . 118.51 (17) (title) of the statutes is amended to read:

AB56,857,19 118.51 (17) (title) Pupil transfer amount and payments to a nonresident school board State aid adjustments and tuition; children with disabilities.

AB56,1593 Section 1593 . 118.51 (17) (b) 2. b. of the statutes is amended to read:

AB56,858,2 118.51 (17) (b) 2. b. In the 2017-18 and 2018-19 school year years, the per pupil transfer amount is the sum of the per pupil transfer amount for the previous school year; the amount of the per pupil revenue limit 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.

AB56,1594 Section 1594 . 118.51 (17) (b) 2. c. of the statutes is repealed.

AB56,1595 Section 1595 . 118.51 (17) (b) 2. d. of the statutes is created to read:

AB56,858,10 118.51 (17) (b) 2. d. Beginning in the 2019-20 school year, the per pupil transfer amount is the sum of the per pupil transfer amount for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) (a) between the previous school year and the current school year, if positive.

AB56,1596 Section 1596 . 118.51 (17) (b) 3. of the statutes is repealed.

AB56,1597 Section 1597 . 118.51 (17) (bm) of the statutes is repealed.

AB56,1598 Section 1598 . 118.51 (17) (c) of the statutes is amended to read:

AB56,858,19 118.51 (17) (c) 1. If the number determined in par. (b) 1. a. is greater than the number determined in par. (b) 1. b. for a school district, in the 2016-17, 2017-18, and 2018-19 school years year and in each school year thereafter, the department shall increase that school district's state aid payment under s. 121.08 by an amount equal to the difference multiplied by an the amount under par. (b) 2. a., b., or c. for the applicable school year.

AB56,859,6 2. If the number determined in par. (b) 1. a. is less than the number determined in par. (b) 1. b. for a school district, in the 2016-17, 2017-18, and 2018-19 school years year and in each school year thereafter, the department shall decrease that school district's state aid payment under s. 121.08 by an amount equal to the difference multiplied by an amount under par. (b) 2. a., b., or c. for the applicable school year. If the state aid payment under s. 121.08 is insufficient to cover the reduction, the department shall decrease other state aid payments made by the department to the school district by the remaining amount. If the state aid payment under s. 121.08 and other state aid payments made by the department to the school district are insufficient to cover the reduction, the department shall use the moneys appropriated under s. 20.255 (2) (cg) to pay the balance to school districts under subd. 1.

AB56,1599 Section 1599 . 118.51 (17) (cm) of the statutes is repealed.

AB56,1600 Section 1600. 118.55 of the statutes is repealed.

AB56,1601 Section 1601. 118.57 (1) of the statutes is amended to read:

AB56,859,15 118.57 (1) Annually, by January 31, each school board shall publish as a class 1 notice, under ch. 985, and post on its Internet site a description of the educational options available to children in the school district, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-time open enrollment in a nonresident school district, and the early college credit program programs under ss. 36.25 (56) and 38.12 (15).

AB56,1602 Section 1602. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB56,859,22 118.60 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (bh), any pupil in grades kindergarten to 12 who resides within an eligible school district may attend any private school under this section and, subject to pars. (ag), (ar), (be), (bh), (bm), and (bs), any pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, may attend any private school under this section if all of the following apply:

AB56,1603 Section 1603 . 118.60 (2) (a) 1. a. of the statutes is amended to read:

AB56,860,7 118.60 (2) (a) 1. a. Except as provided in par. (bm), the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget line, as defined in 42 USC 9902 (2). In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. Except as provided in subd. 1. c. and d., the family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section.

AB56,1604 Section 1604. 118.60 (2) (a) 2. g. of the statutes is amended to read:

AB56,860,11 118.60 (2) (a) 2. g. If the pupil resides in a school district, other than an eligible school district or a 1st class city school district, the pupil was on a waiting list under sub. (3) (am) 4. or (ar) 4. in any previous school year.

AB56,1605 Section 1605. 118.60 (2) (a) 6. a. of the statutes is amended to read:

AB56,860,17 118.60 (2) (a) 6. a. Except as provided in subd. 6. c. and d., all of the private school's teachers have a teaching license issued by the department or a bachelor's degree or a degree or educational credential higher than a bachelor's degree, including a masters or doctorate, from a nationally or regionally accredited institution of higher education. This subd. 6. a. does not apply after June 30, 2022.

AB56,1606 Section 1606. 118.60 (2) (a) 6m. of the statutes is created to read:

AB56,860,21 118.60 (2) (a) 6m. a. Except as provided in subd. 6m. b., beginning on July 1, 2022, all of the private school's teachers have a teaching license or permit issued by the department.

AB56,861,6 b. Any teacher employed by the private school on July 1, 2022, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2022, and who does not satisfy the requirements under subd. 6m. a. on July 1, 2022, applies to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 6m. a. The department shall promulgate rules to implement this subd. 6m. b., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under subd. 6m. a. No waiver granted under this subd. 6m. b. is valid after July 1, 2027.

AB56,1607 Section 1607. 118.60 (2) (a) 7. b. of the statutes is amended to read:

AB56,861,20 118.60 (2) (a) 7. b. Each If the private school that begins participation in the program under this section on or after April 10, 2014, and before the 2021-22 school year, and that the private school is not accredited by an accrediting entity, shall obtain the private school obtains preaccreditation by a preaccrediting entity by August 1 before the first school term in which the private school begins participation in the program under this section, or by May 1 if the private school begins participating in the program during summer school. In any school year, a private school to which this subd. 7. b. applies may apply for and seek to obtain preaccreditation from only one preaccrediting entity. A private school to which this subd. 7. b. applies that fails to obtain preaccreditation as required under this subd. 7. b. may not participate in the program under this section or under s. 119.23 until preaccreditation has been obtained, but the private school may apply for and seek to obtain preaccreditation from a preaccrediting entity for the following school year.

AB56,1608 Section 1608. 118.60 (2) (a) 7. c. of the statutes is amended to read:

AB56,862,6 118.60 (2) (a) 7. c. A private school to which If subd. 7. b. applies shall apply to the private school, the private school applies for accreditation by an accrediting entity by December 31 of the first school year that begins after April 10, 2014, in which the private school begins participation in the program under this section, and shall achieve obtains accreditation by an accrediting entity by December 31 of the 3rd school year following the first school year in which the private school begins participation in the program under this section. If the private school is accredited under this subd. 7. c., the private school is not required to obtain preaccreditation under subd. 7. b. as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

AB56,1609 Section 1609. 118.60 (2) (a) 7. d. of the statutes is created to read:

AB56,862,11 118.60 (2) (a) 7. d. If the private school begins participation in the program under this section in the 2021-22 school year or in any school year thereafter, the private school is accredited by an accrediting entity by August 1 of the school year in which the private school begins participation in the program under this section.

AB56,1610 Section 1610 . 118.60 (2) (ag) 4. of the statutes is amended to read:

AB56,862,21 118.60 (2) (ag) 4. Notwithstanding If the new private school begins participation in the program under this section before the 2021-22 school year, notwithstanding the deadline to obtain preaccreditation under sub. (2) par. (a) 7. b., by December 15 of the school year immediately preceding the school year in which the new private school intends to participate in the program under this section, obtain preaccreditation from a preaccrediting entity. If the new private school begins participation in the program under this section in the 2021-22 school year or in any school year thereafter, the new private school shall comply with the requirement under par. (a) 7. d.

AB56,1611 Section 1611. 118.60 (2) (be) 3. of the statutes is amended to read:

AB56,862,25 118.60 (2) (be) 3. Beginning with the 2026-27 school year, there is no limit on the number of pupils who may attend private schools the limits under this section paragraph do not apply.

AB56,1612 Section 1612. 118.60 (2) (bh) of the statutes is created to read:

AB56,863,2 118.60 (2) (bh) 1. In this paragraph, “program cap” means any of the following:

AB56,863,5 a. For an eligible school district, the total number of pupils residing in the eligible school district who attended a private school under this section in the 2019-20 school year.

AB56,863,8 b. For all school districts, other than an eligible school district or a 1st class city school district, the total number of pupils residing in those school districts who attended a private school under this section in the 2019-20 school year.

AB56,863,11 2. a. Beginning with the 2020-21 school year, the total number of pupils residing in an eligible school district who may attend a private school under this section during a school year may not exceed the program cap under subd. 1. a.

AB56,863,15 b. Beginning with the 2020-21 school year, the total number of pupils residing in school districts, other than an eligible school district or a 1st class city school district, who may attend a private school under this section during a school year may not exceed the program cap under subd. 1. b.

AB56,1613 Section 1613 . 118.60 (2) (bm) of the statutes is amended to read:

AB56,864,2 118.60 (2) (bm) No pupil who resides in a school district, other than an eligible school district or a 1st class city school district, may attend a participating private school under this section unless the pupil is a member of a family that has a total family income that does not exceed an amount equal to 2.2 times the poverty level, determined in accordance with criteria established by the director of the federal office of management and budget line, as defined in 42 USC 9902 (2). In this paragraph and sub. (3m), family income includes income of the pupil's parents or legal guardians. Except as provided in par. (a) 1. c., the family income of the pupil shall be verified as provided in par. (a) 1. b. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section.

AB56,1614 Section 1614. 118.60 (2) (c) 3. of the statutes is created to read:

AB56,864,7 118.60 (2) (c) 3. Notwithstanding par. (a) 6m., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to hold a license or permit to teach issued by the department.

AB56,1615 Section 1615 . 118.60 (3) (a) (intro.) of the statutes is amended to read:

AB56,864,22 118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. No later than 60 days after the end of the application period during which an application is received and subject to par. pars. (am) and (ar), the private school shall notify each applicant, in writing, whether his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. Subject to par. pars. (am) and (ar), a private school may reject an applicant only if it the private school has reached its maximum general capacity or seating capacity. Except as provided in par. pars. (am) and (ar), the state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference to the following in accepting applications, in the order of preference listed:

AB56,1616 Section 1616 . 118.60 (3) (am) of the statutes is created to read:

AB56,864,25 118.60 (3) (am) All of the following apply to applications to attend a private school under this section submitted by pupils who reside in an eligible school district:

AB56,865,7 1. A private school that has submitted a notice of intent to participate under sub. (2) (a) 3. a. may accept applications for a school year during application periods determined by the department from pupils who reside in an eligible school district. For each school year, the department shall establish one or more application periods under this subdivision, the first of which begins no earlier than February 1 of the school year before the applicable school year, and the last of which ends no later than September 14 of the applicable school year.

AB56,865,14 2. Each private school that received applications under subd. 1. shall report to the department the number of pupils who applied under subd. 1. to attend the private school under this section and the names of those applicants who have siblings who also applied under subd. 1. to attend the private school under this section. The private school shall submit the report no later than 10 days after each application period described under subd. 1. during which the private school received applications.