LRB-4616/1
FFK:amn&cjs
2019 - 2020 LEGISLATURE
February 3, 2020 - Introduced by Representatives Thiesfeldt, Kulp, Fields,
Ballweg, Dittrich, Felzkowski, Jagler, Knodl, Sanfelippo, Skowronski,
Spiros, Steineke, Tusler, Hutton and Wichgers, cosponsored by Senators
Darling, Kooyenga and Craig. Referred to Committee on Education.
AB849,1,7
1An Act to repeal 118.52 (3) (d);
to renumber and amend 118.52 (4);
to amend
2115.28 (54m), 115.38 (1) (d), 115.385 (4), 118.52 (1) (e), 118.52 (2), 118.52 (3) (a),
3118.52 (3) (b), 118.52 (3) (c), 118.52 (3) (e), 118.52 (5), 118.52 (6), 118.52 (8),
4118.52 (9), 118.52 (10), 118.52 (11), 118.52 (12) and 118.57 (1);
to repeal and
5recreate 118.52 (title); and
to create 118.52 (1) (ad), 118.52 (1) (af), 118.52 (1)
6(ah), 118.52 (2m) and 118.52 (13) of the statutes;
relating to: expanding the
7part-time open enrollment program.
Analysis by the Legislative Reference Bureau
This bill expands the part-time open enrollment program and renames it the
course choice program.
Under the current part-time open enrollment program, a pupil enrolled in a
public school in the high school grades may attend a course at a public school in a
nonresident school district. Under the bill, a pupil enrolled in an educational
institution, as defined in the bill, in grades one to twelve may attend a course at
another educational institution. A pupil may attend no more than a total of two
courses at any one time under the current part-time open enrollment program or
under the bill's course choice program.
The bill defines an educational institution as any of the following:
1. A public school under the control of a pupil's resident school board, including
a charter school authorized by the resident school board.
2. A public school under the control of a pupil's nonresident school board,
including a charter school authorized by the nonresident school board.
3. An independent charter school.
4. A private school.
5. A nonprofit organization approved by the Department of Public Instruction.
Under the bill, participation in the course choice program is optional for an
educational institution that is a private school or a nonprofit organization approved
by DPI. If a private school or DPI-approved nonprofit organization wishes to
participate in the course choice program it must take certain actions by the June 1
preceding the school year in which it wishes to participate, including adopting a
written policy specifying the acceptance and rejection criteria it will use in the
following school year and posting on its Internet site a statement that it will
participate in the course choice program and the courses that will be available to
pupils under the program. If a private school or DPI-approved nonprofit
organization does not take these actions, a pupil attending the private school or
nonprofit organization may not attend courses at other educational institutions
under the course choice program and pupils attending other educational institutions
may not take courses at the private school or nonprofit organization under the course
choice program. Participation in both the part-time open enrollment program and
the course choice program is mandatory for public schools.
Under the bill, the educational institution that a pupil attends on a full-time
basis must pay the educational institution offering a course the pupil takes under the
course choice program an amount equal to the costs of providing the course to the
pupil, as determined by DPI. The bill prohibits an educational institution from
charging or receiving any additional payment from a pupil or a pupil's full-time
educational institution for attending a course at the educational institution under
the course choice program.
Under the current part-time open enrollment program, a pupil's resident
school board may reject a pupil's application to attend a course in a nonresident
school district if the resident school board determines that the cost of the course
would impose an undue burden on the resident school district. The bill extends the
authority to reject a pupil's application on the basis that the cost of the course would
be an undue burden to all full-time educational institutions.
Similar to the low-income transportation assistance offered under current law,
a pupil attending a course under the course choice program may apply to DPI for
financial assistance for the cost of transportation to a course the pupil attends under
the course choice program if the pupil is unable to pay the cost of the transportation.
Under current law, in awarding transportation assistance, DPI must give a
preference to pupils who satisfy the criteria for free or reduced-price lunch. Under
the bill, DPI must also give a preference to pupils who attend an educational
institution in a rural community.
Finally, the bill requires DPI to include information on the course choice
program on DPI's Internet site, including links to the Internet sites of educational
institutions participating in the program.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB849,1
1Section
1. 115.28 (54m) of the statutes is amended to read:
AB849,3,92
115.28
(54m) Notice of educational options. Include on the home page of the
3department's Internet site a link to information about all of the educational options
4available to children in the state who are at least 3 years old but not yet
18 21 years
5old
and who have not graduated from high school, including public schools, private
6schools participating in a parental choice program, charter schools, virtual schools,
7full-time
or part-time open enrollment in a nonresident school district,
the course
8choice program, the early college credit program, and options for pupils enrolled in
9a home-based private educational program.
AB849,2
10Section
2. 115.38 (1) (d) of the statutes is amended to read:
AB849,3,1511
115.38
(1) (d) The number and percentage of
resident pupils
enrolled in the
12school district attending a course
in a nonresident school district offered by an
13educational institution under s. 118.52, the number of
nonresident pupils
who are
14not enrolled in the school district but are attending a course in the school district
15under s. 118.52, and the courses taken by those pupils.
AB849,3
16Section
3. 115.385 (4) of the statutes is amended to read:
AB849,4,617
115.385
(4) Annually, each public school, including a charter school, and each
18private school participating in a parental choice program under s. 118.60 or 119.23
19shall provide a copy of the school's accountability report to the parent or guardian of
20each pupil enrolled in or attending the school. Each school shall simultaneously
21provide to the parent or guardian of each pupil enrolled in the school a list of the
1educational options available to children who reside in the pupil's resident school
2district, including public schools, private schools participating in a parental choice
3program, charter schools, virtual schools, full-time
or part-time open enrollment in
4a nonresident school district,
the course choice program, the early college credit
5program, and options for pupils enrolled in a home-based private educational
6program.
AB849,4
7Section
4. 118.52 (title) of the statutes is repealed and recreated to read:
AB849,4,8
8118.52 (title)
Course choice program.
AB849,5
9Section
5. 118.52 (1) (ad) of the statutes is created to read:
AB849,4,1010
118.52
(1) (ad) “Educational institution” means all of the following:
AB849,4,1211
1. A public school under the charge of a pupil's resident school board, including
12a charter school under contract with the school board under s. 118.40.
AB849,4,1413
2. A public school under the charge of a pupil's nonresident school board,
14including a charter school under contract with the school board under s. 118.40.
AB849,4,1515
3. A charter school established under s. 118.40 (2r) or (2x).
AB849,4,1616
4. A private school.
AB849,4,1717
5. Any nonprofit organization approved by the department.
AB849,6
18Section
6. 118.52 (1) (af) of the statutes is created to read:
AB849,4,2119
118.52
(1) (af) “Full-time educational institution” means the educational
20institution at which the pupil is enrolled or attends school full time during the school
21year for which an application is made under this section.
AB849,7
22Section
7. 118.52 (1) (ah) of the statutes is created to read:
AB849,5,223
118.52
(1) (ah) “Governing body” means the board that is elected or appointed
24to govern an educational institution. If a board is not elected or appointed to govern
1the educational institution, “governing body” means the person having direct charge
2of the educational institution.
AB849,8
3Section
8. 118.52 (1) (e) of the statutes is amended to read:
AB849,5,84
118.52
(1) (e) “Resident school district" means the school district in which a
5pupil resides.
If a pupil attends school under a whole grade sharing agreement under
6s. 118.50 in a school district other than the school district in which the pupil resides,
7the school district in which the pupil attends school under the whole grade sharing
8agreement is considered the pupil's resident school district.
AB849,9
9Section
9. 118.52 (2) of the statutes is amended to read:
AB849,5,1610
118.52
(2) Beginning in the
2018-19 2020-21 school year,
subject to sub. (2m)
11(b), a pupil
who is enrolled in
a public school in the high school or attends an
12educational institution in grades
1 to 12 may attend
public school in a nonresident
13school district another educational institution under this section for the purpose of
14taking a course offered by
the nonresident school district that educational
15institution. A pupil may attend no more than 2 courses at any time
in nonresident
16school districts under this section.
AB849,10
17Section 10
. 118.52 (2m) of the statutes is created to read:
AB849,5,2218
118.52
(2m) Program participation; private schools and nonprofit
19organizations. (a) For an educational institution under sub. (1) (ad) 4. or 5. to
20participate in the program under this section, before the June 1 preceding the school
21year in which the educational institution wishes to participate, the governing body
22of the educational institution shall do all of the following:
AB849,5,2423
1. Adopt a motion specifying that the educational institution will participate
24in the program under this section in the following school year.
AB849,6,5
12. Adopt a written policy specifying the acceptance and rejection criteria
2described in subs. (5) and (6) that the educational institution will implement for the
3following school year and whether the governing body will delegate any of its duties
4under this section to the administrator, as defined in s. 118.60 (1) (ad), of the
5educational institution.
AB849,6,116
3. Publish and post on its Internet site, if applicable, that the educational
7institution will participate in the program under this section and, no later than 8
8weeks before the date on which a course will begin, post a description of the course
9that will be available to pupils applying under sub. (3). The governing body of the
10educational institution shall maintain and update the description of available
11courses throughout the school year.
AB849,6,1512
(b) If an educational institution under sub. (1) (ad) 4. or 5. does not participate
13in the program under this section, sub. (2) does not apply to a pupil attending the
14educational institution or to a pupil attending another educational institution who
15wishes to attend a course offered by the educational institution under this section.
AB849,11
16Section
11. 118.52 (3) (a) of the statutes is amended to read:
AB849,7,717
118.52
(3) (a) The parent of a pupil who wishes to attend
public school in a
18nonresident school district an educational institution for the purpose of taking a
19course under this section shall submit an application, on a form provided by the
20department, to the
school board of the nonresident school district in governing body
21of the educational institution at which the pupil wishes to attend a course not later
22than 6 weeks prior to the date on which the course is scheduled to commence. The
23application shall specify the course that the pupil wishes to attend and may specify
24the
school or schools location at which the pupil wishes to attend the course. The
25nonresident school board governing body of an educational institution that receives
1an application under this paragraph shall send a copy of the application to the pupil's
2resident school board, except that if the pupil is attending a school in a school district
3other than the pupil's resident school district pursuant to a whole grade sharing
4agreement under s. 118.50, the nonresident school district to which the pupil applies
5under this section shall send a copy of the application to the school board of the
6district in which the pupil is attending school pursuant to the whole grade sharing
7agreement full-time educational institution.
AB849,12
8Section
12. 118.52 (3) (b) of the statutes is amended to read:
AB849,7,129
118.52
(3) (b) If
a nonresident school board the governing body of an
10educational institution receives more applications for a particular course than there
11are spaces available in the course, the
nonresident school board governing body of
12the educational institution shall determine which pupils to accept on a random basis.
AB849,13
13Section
13. 118.52 (3) (c) of the statutes is amended to read:
AB849,8,614
118.52
(3) (c) No later than
one week 4 weeks prior to the date on which the
15course is scheduled to commence, the
nonresident school board governing body of the
16educational institution shall notify the applicant and the
resident school board 17governing body of the applicant's full-time educational institution, in writing,
18whether the application has been accepted and, if the application is accepted, the
19school location at which the pupil may attend the course.
If the applicant pupil is
20attending a school in a school district other than the pupil's resident school district
21pursuant to a whole grade sharing agreement under s. 118.50, the school board of the
22district to which the pupil applies under this section shall provide the notice required
23under this paragraph to the school board of the district in which the pupil is
24attending school pursuant to the whole grade sharing agreement.
If the application
25is accepted, the governing body of the educational institution shall also notify the
1governing body of the applicant's full-time educational institution, in writing, of the
2estimated cost of the course. The acceptance applies only for the following semester,
3school year, or other session in which the course is offered. If the
school board of the
4district governing body of the educational institution to which the pupil applies
5under this section rejects an application,
it
the governing body shall include in the
6notice the reason for the rejection.
AB849,14
7Section
14. 118.52 (3) (d) of the statutes is repealed.
AB849,15
8Section
15. 118.52 (3) (e) of the statutes is amended to read:
AB849,8,189
118.52
(3) (e) Following receipt of a notice of acceptance but prior to
2 weeks
10before the date on which the course is scheduled to commence, the pupil's parent
11shall notify the
resident school board, or, if the pupil is attending school in a school
12district other than the pupil's resident school district pursuant to a whole grade
13sharing agreement under s. 118.50, the school board of the district in which the pupil
14is attending school, governing body of the pupil's full-time educational institution 15and the
school board of the district to governing body of the educational institution
16providing the course for which the pupil applies under this section of the pupil's
17intent to attend the course
in the school district to which the pupil applies under this
18section.