Amendment SA1-AB68

AB68-SA1,72,21 118.55 (3) (a) A public school pupil who intends to enroll in an institution of higher education under this section shall notify the school board of the school district in which he or she is enrolled or the governing board of the charter school under s. 118.40 (2r) or (2x) that he or she attends and a pupil attending a private school who intends to enroll in an institution of higher education under this section shall notify the governing body of the private school he or she attends of that intention no later than March 1 if the pupil intends to enroll in the fall semester, and no later than October 1 if the pupil intends to enroll in the spring semester. The notice shall include the titles of the courses in which the pupil intends to enroll and the number of credits of each course, and shall specify whether the pupil will be taking the courses for high school or postsecondary credit.

AB68-SA1,233 Section 233. 118.55 (3) (b) of the statutes is amended to read:

AB68-SA1,73,24 118.55 (3) (b) If the public school pupil specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board or governing board of the charter school under s. 118.40 (2r) or (2x) shall determine whether the course is comparable to a course offered in the school district, and or charter school, whether the course satisfies any of the high school graduation requirements under s. 118.33, and the number of high school credits to award the pupil for the course, if any. If the pupil attending a private school specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the governing body of the participating private school shall determine whether the course is comparable to a course offered at the private school, whether the course satisfies any requirements necessary for high school graduation, and the number of high school credits to award the pupil for the course, if any. In cooperation with institutions of higher education, the state superintendent shall develop guidelines to assist school districts boards, governing boards of charter schools under s. 118.40 (2r) or (2x), and participating private schools in making the determinations. The school board, governing board, or governing body shall notify the pupil of its determinations, in writing, before the beginning of the semester in which the pupil will be enrolled. If the public school pupil disagrees with the school board's decision of a school board or governing board of a charter school under s. 118.40 (2r) or (2x) regarding comparability of courses, satisfaction of high school graduation requirements, or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the state superintendent within 30 days after the decision. The state superintendent's decision shall be final and is not subject to review under subch. III of ch. 227. If the pupil attending a participating private school disagrees with any decision of a governing body under this paragraph, the pupil may appeal the decision to the governing body within 30 days after the decision.

AB68-SA1,234 Section 234. 118.55 (4) (b) of the statutes is amended to read:

AB68-SA1,74,6 118.55 (4) (b) If an institution of higher education admits a pupil, it shall notify the school board of the school district in which the pupil is enrolled , the governing board of the charter school under s. 118.40 (2r) or (2x) the pupil attends, or the governing body of the pupil's participating private school, in writing, within 30 days after the beginning of classes at the institution of higher education. The notification shall include the course or courses in which the pupil is enrolled.

AB68-SA1,235 Section 235. 118.55 (4) (c) of the statutes is amended to read:

AB68-SA1,74,15 118.55 (4) (c) If a pupil is not admitted to attend the course that he or she specified in the notice under sub. (3) (a) but is admitted to attend a different course, the pupil shall immediately notify the school board of the school district in which he or she is enrolled, the governing board of the charter school under s. 118.40 (2r) or (2x) the pupil attends, or the governing body of the pupil's participating private school and the school board, governing board, or governing body shall inform the pupil of its determinations under sub. (3) (b) regarding the course to which the pupil was admitted as soon as practicable.

AB68-SA1,236 Section 236. 118.55 (5) (intro.) of the statutes is amended to read:

AB68-SA1,74,24 118.55 (5) Responsibility for and determination of costs; payment and reimbursement for certain costs. (intro.) Subject to sub. (7t), the school board of the school district in which a pupil attending an institution of higher education under this section is enrolled, the governing board of the charter school under s. 118.40 (2r) or (2x) attended by a pupil who is attending an institution of higher education under this section, and the governing body of the participating private school attended by a pupil who is attending an institution of higher education under this section shall be responsible for the following amount:

AB68-SA1,237 Section 237. 118.55 (5) (a) of the statutes is amended to read:

AB68-SA1,75,14 118.55 (5) (a) If the public high school pupil is taking a course for high school credit, regardless of whether the course is also taken for postsecondary credit, and if the course is not comparable to a course offered in the school district or at the charter school, 75 percent of the actual cost of tuition for the course, as determined under par. (d). If a private high school pupil attending a private school is taking a course for high school credit, regardless of whether the course is also taken for postsecondary credit, and if the course is not comparable to a course offered by the participating private school, 75 percent of the actual cost of tuition for the course, as determined under par. (d). If the pupil takes a course described under this paragraph at a high school in a school district, at a charter school under s. 118.40 (2r) or (2x), or at a participating private school, the school board of the school district, the governing board of the charter school, or the governing body of the participating private school shall be is responsible for the costs of books and other necessary materials for the course.

AB68-SA1,238 Section 238. 118.55 (5) (b) of the statutes is amended to read:

AB68-SA1,75,19 118.55 (5) (b) If the pupil is taking a course for postsecondary credit and if the course is not comparable to a course offered in the school district , at the charter school under s. 118.40 (2r) or (2x), or the participating private school, 25 percent of the actual cost of tuition for the course, as determined under par. (d).

AB68-SA1,239 Section 239. 118.55 (5) (d) of the statutes is amended to read:

AB68-SA1,75,24 118.55 (5) (d) If a school board, the governing board of a charter school under s. 118.40 (2r) or (2x), or the governing body of a participating private school is required to pay tuition on behalf of a pupil under this subsection, the tuition charged for each credit assigned to the course may not exceed the following:

AB68-SA1,76,7 1. For an institution of higher education under sub. (1) (bm) 1., other than a University of Wisconsin college campus, as defined in s. 36.05 (6m), one-third of the amount that would be charged for each credit assigned to the course to an individual who is a resident of this state and who is enrolled in the educational institution as an undergraduate student. Subject to sub. (7t), neither the institution of higher education nor the school board nor the, governing board, or governing body may charge any additional costs or fees to a pupil to attend a course under this section.

AB68-SA1,76,14 1m. For an institution of higher education under sub. (1) (bm) that is a University of Wisconsin college campus, as defined in s. 36.05 (6m), one-half of the amount that would be charged for each credit assigned to the course to an individual who is a resident of this state and who is enrolled in the college campus as an undergraduate student. Subject to sub. (7t), neither the college campus nor the school board or governing board may charge any additional costs or fees to a pupil to attend a course under this section.

AB68-SA1,76,21 2. For an institution of higher education under sub. (1) (bm) 2., one-third of the amount that would be charged for each credit assigned to a similar course offered by the University of Wisconsin-Madison to an individual who is a resident of this state and who is enrolled at the University of Wisconsin-Madison as an undergraduate student. Subject to sub. (7t), neither the institution of higher education nor the school board or governing board may charge any additional costs or fees to a pupil to attend a course under this section.

AB68-SA1,240 Section 240. 118.55 (5) (e) of the statutes is amended to read:

AB68-SA1,77,6 118.55 (5) (e) 1. Subject to sub. (7t), within 30 days after the end of the semester, the school board of the school district in which a pupil who attended an institution of higher education under this section was enrolled, the governing board of the charter school under s. 118.40 (2r) or (2x) attended by a pupil who attended an institution of higher education under this section, and the governing body of a participating private school attended by a pupil who attended the institution of higher education under this section shall pay the institution, on behalf of the pupil, the amount determined under par. (d) and shall submit an itemized report to the department of the amounts paid under this subdivision.

AB68-SA1,77,15 2. Subject to subd. 3., from the appropriation under s. 20.445 (1) (d), the secretary of the department of workforce development shall, on behalf of the school board of a school district in which a pupil who attended an institution of higher education under this section was enrolled, on behalf of the governing board of the charter school under s. 118.40 (2r) or (2x) attended by a pupil who attended an institution of higher education under this section, and on behalf of the governing body of a participating private school and a pupil who attended the private school and who attended an institution of higher education under this section, pay to the department of public instruction the following amount:

AB68-SA1,77,21 a. For a pupil who took a course for high school credit, as described in par. (a), 25 percent of the actual cost of tuition for the course, as determined under par. (d). The department of public instruction shall reimburse the school board of the school district, governing board of the charter school, or the governing body of the private school the amount received from the department of workforce development under this subd. 2. a.

AB68-SA1,78,2 b. For a pupil who took a course for postsecondary credit, as described in par. (b), 50 percent of the actual cost of tuition for the course, as determined under par. (d). The department of public instruction shall reimburse the school board of the school district, governing board of the charter school, or the governing body of the private school the amount received from the department of workforce development under this subd. 2. b.

AB68-SA1,78,8 3. If the appropriation under s. 20.445 (1) (d) in any fiscal year is insufficient to reimburse all school districts, governing boards, and all governing bodies eligible for the full amount of reimbursable tuition costs under subd. 2., the secretary of the department of workforce development shall notify the state superintendent, who shall prorate the amount of the payments under subd. 2. among eligible school districts, governing boards, and governing bodies.

AB68-SA1,241 Section 241. 118.55 (6) of the statutes is amended to read:

AB68-SA1,78,18 118.55 (6) Responsibility of pupil for tuition and fees; institution of higher education. (a) Subject to sub. (7t), a pupil taking a course at an institution of higher education for high school credit under this section is not responsible for any portion of the tuition and fees for the course if the school board, the governing board of a charter school under s. 118.40 (2r) or (2x), the state superintendent on appeal under sub. (3) (b), the governing body of the participating private school, or the governing body on appeal under sub. (3) (b) has determined that the course is not comparable to a course offered in the school district, at the charter school, or at the participating private school, whichever is applicable.

AB68-SA1,79,2 (b) A pupil taking a course at an institution of higher education for high school credit under this section is responsible for the tuition and fees for the course if the school board, the governing board of a charter school under s. 118.40 (2r) or (2x), or the governing body of the participating private school has determined that the course is comparable to a course offered in the school district, at the charter school, or at the participating private school, unless the state superintendent or the governing body reverses the decision of the school board, governing board, or governing body, respectively, on appeal under sub. (3) (b).

AB68-SA1,79,13 (c) 1. Except as provided in subd. 2., a pupil taking a course under this section at an institution of higher education only for postsecondary credit is responsible for 25 percent of the actual cost of tuition for the course, as determined under sub. (5) (d). The school board of the school district in which the pupil attending an institution under this section is enrolled, the governing board of the charter school under s. 118.40 (2r) or (2x) attended by a pupil attending an institution of higher education under this section, and the governing body of a participating private school attended by a pupil attending an institution of higher education under this section shall establish a written policy governing the timing and method for recovering from the pupil or the pupil's parent or guardian the pupil's share of tuition as specified in this subdivision.

AB68-SA1,79,17 2. The school board, governing board of the charter school under s. 118.40 (2r) or (2x), or the governing body of the participating private school shall waive the pupil's responsibility for costs under subd. 1. if the department determines that the cost of the course would pose an undue financial burden on the pupil's family.

AB68-SA1,242 Section 242. 118.55 (7g) of the statutes is amended to read:

AB68-SA1,80,5 118.55 (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school or participating private school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy) (cx). The state superintendent shall give preference under this subsection to those pupils who satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

AB68-SA1,243 Section 243. 118.55 (7t) of the statutes is amended to read:

AB68-SA1,80,12 118.55 (7t) Limitations on participation and payment. (a) A school board, governing board of a charter school under s. 118.40 (2r) or (2x), or the governing body of a participating private school may establish a written policy limiting the number of credits for which the school board, governing board, or governing body will pay under sub. (5) and s. 38.12 (14) (d) to the equivalent of 18 postsecondary semester credits per pupil.

AB68-SA1,81,2 (c) If a pupil receives a failing grade in a course, or fails to complete a course, at an institution of higher education or technical college for which the school board, governing board of a charter school under s. 118.40 (2r) or (2x), or the governing body of a participating private school has made payment, the pupil's parent or guardian, or the pupil if he or she is an adult, shall reimburse the school board, governing board, or the governing body the amount paid on the pupil's behalf upon the request of the school board, governing board, or governing body. If a school board, governing board, or governing body that requests reimbursement of a payment made under this section is not reimbursed as requested, the pupil on whose behalf the payment was made is ineligible for any further participation in the program under this section. For the purposes of this paragraph, a grade that constitutes a failing grade for a course offered in the school district, at the charter school under s. 118.40 (2r) or (2x), or at the participating private school constitutes a failing grade for a course taken at an institution of higher education or technical college under this section.

AB68-SA1,244 Section 244. 118.55 (8) (b) of the statutes is amended to read:

AB68-SA1,81,7 118.55 (8) (b) A school board, governing board of a charter school under s. 118.40 (2r) or (2x), or the governing body of a participating private school may enter into an agreement with an institution of higher education to facilitate the early college credit program under this section.

AB68-SA1,245 Section 245. 118.55 (10) (d) of the statutes is created to read:

AB68-SA1,81,11 118.55 (10) (d) This section does not apply to a course for which a high school pupil attending a charter school under s. 118.40 (2r) or (2x) may earn postsecondary credit if all of the following apply:

AB68-SA1,81,16 1. The governing board of the charter school and one of the following have entered into an agreement before, on, or after the effective date of this subdivision .... [LRB inserts date], to provide a college credit in high school program to academically qualified pupils under which participating pupils may take the course for postsecondary credit:

AB68-SA1,81,17 a. The chancellor of a University of Wisconsin System institution.

AB68-SA1,81,18 b. The president of a private, nonprofit institution.

AB68-SA1,81,20 2. The instruction of pupils in the course takes place in the charter school building.

AB68-SA1,81,21 3. The individual who provides instruction in the course is any of the following:

AB68-SA1,82,2 a. For a course taught pursuant to an agreement under subd. 1. a., a high school teacher who is employed by the governing board of the charter school and certified or approved to provide the instruction by the participating University of Wisconsin System institution or a faculty member of the participating University of Wisconsin System institution.

AB68-SA1,82,6 b. For a course taught pursuant to an agreement under subd. 1. b., a high school teacher who is employed by the governing board of the charter school and certified or approved to provide the instruction by the participating private, nonprofit institution or a faculty member of the participating private, nonprofit institution.

AB68-SA1,246 Section 246. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB68-SA1,82,13 118.60 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (bh), any pupil in grades kindergarten to 12 who resides within in 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:

AB68-SA1,247 Section 247. 118.60 (2) (a) 2. a. of the statutes is amended to read:

AB68-SA1,82,20 118.60 (2) (a) 2. a. The pupil was enrolled in a public school in the previous school year. For purposes of this subd. 2. a., a pupil was enrolled in a public school in the previous school year if the pupil was counted in a school district's membership, as defined in s. 121.001 (5), or attended a charter school authorized under s. 118.40 (2r) or (2x), and the pupil did not attend a private school during the previous school year.

AB68-SA1,248 Section 248. 118.60 (2) (a) 2. g. of the statutes is amended to read:

AB68-SA1,82,24 118.60 (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.

AB68-SA1,249 Section 249. 118.60 (2) (a) 6. a. of the statutes is amended to read:

AB68-SA1,83,5 118.60 (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 master's or doctorate, from a nationally or regionally accredited institution of higher education. This subd. 6. a. does not apply after June 30, 2024.

AB68-SA1,250 Section 250. 118.60 (2) (a) 6m. of the statutes is created to read:

AB68-SA1,83,9 118.60 (2) (a) 6m. a. Except as provided in subd. 6m. b., beginning on July 1, 2024, all of the private school's teachers have a teaching license or permit issued by the department.

AB68-SA1,83,19 b. Any teacher employed by the private school on July 1, 2024, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2024, and who does not satisfy the requirements under subd. 6m. a. on July 1, 2024, 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, 2029.

AB68-SA1,251 Section 251. 118.60 (2) (be) 3. of the statutes is amended to read:

AB68-SA1,83,23 118.60 (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.

AB68-SA1,252 Section 252. 118.60 (2) (bh) of the statutes is created to read:

AB68-SA1,83,25 118.60 (2) (bh) 1. In this paragraph, “program cap” means any of the following:

AB68-SA1,84,3 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 2021-22 school year.

AB68-SA1,84,6 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 2021-22 school year.

AB68-SA1,84,9 2. a. Beginning with the 2022-23 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.

AB68-SA1,84,13 b. Beginning with the 2022-23 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.

AB68-SA1,253 Section 253. 118.60 (2) (c) 3. of the statutes is created to read:

AB68-SA1,84,18 118.60 (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.

AB68-SA1,254 Section 254. 118.60 (3) (a) (intro.) of the statutes is renumbered 118.60 (3) (a) and amended to read:

AB68-SA1,85,10 118.60 (3) (a) 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. (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 who is not eligible under sub. (2) to attend the private school under this section that the application is rejected. The notice shall be in writing and shall include the reason. Subject to par. (ar), a private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. Except as provided in par. (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:

AB68-SA1,255 Section 255. 118.60 (3) (a) 1m. to 5. of the statutes are renumbered 118.60 (3) (am) 3. am. to e., and 118.60 (3) (am) 3. bm. and d., as renumbered, are amended to read:

AB68-SA1,85,14 118.60 (3) (am) 3. bm. Siblings of pupils described in subd. 1m. 3. am.

AB68-SA1,85,15 d. Siblings of pupils described under subd. 3. c.

AB68-SA1,256 Section 256. 118.60 (3) (am) of the statutes is created to read:

AB68-SA1,85,18 118.60 (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:

AB68-SA1,85,25 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 the first weekday in February 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.

AB68-SA1,86,7 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.

AB68-SA1,86,17 3. After the end of each application period described under subd. 1., upon receipt of the information under subd. 2., the department shall determine the sum of all applicants for pupils residing in an eligible school district. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program only once. If, after the end of an application period described under subd. 1., the sum of all applicants for pupils residing in an eligible school district exceeds the program cap under sub. (2) (bh) 2. a., the department shall determine which applications submitted during the application period to accept on a random basis, except that the department shall give preference in accepting applications of pupils to the following applications, in the order of preference listed:

AB68-SA1,86,20 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (bh) 2. a., the department shall establish a waiting list in accordance with the preferences required under subd. 3.

AB68-SA1,87,3 5. A private school that has accepted a pupil who resides in an eligible school district under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. If, upon receiving notice under this subdivision, the department determines that the number of pupils attending private schools under this section falls below the program cap under sub. (2) (bh) 2. a., the department shall fill any available slot with a pupil selected from the waiting list established under subd. 4., if such a waiting list exists.

AB68-SA1,257 Section 257. 118.60 (3) (ar) (intro.) of the statutes is amended to read:

AB68-SA1,87,8 118.60 (3) (ar) (intro.) All of the following apply to applications to attend a private school under this section only if the limitation under sub. (2) (be) applies to the school year for which the application is made submitted by pupils who reside in a school district, other than an eligible school district or a 1st class city school district:

AB68-SA1,258 Section 258. 118.60 (3) (ar) 3. of the statutes is renumbered 118.60 (3) (ar) 3. (intro.) and amended to read:

AB68-SA1,87,23 118.60 (3) (ar) 3. (intro.) Annually After the end of the application period described under subd. 1., upon receipt of the information under subd. 2., the department shall, for each school district, determine the sum of all applicants for pupils residing in that school district under this paragraph and the sum of all applicants for pupils residing in all school districts, other than an eligible school district or a 1st class city school district. In determining the sum those sums, the department shall count a pupil who has applied to attend more than one private school under the program only once. After determining the sum of all applicants for pupils residing in a school district, those sums, if any of the following applies, the department shall determine which applications to accept on a random basis, except that the department shall give preference in accepting applications of pupils to the applications of pupils described in par. (a) 1m. to 5. (am) 3. am. to e., in the order of preference listed in that paragraph. under par. (am) 3.:

AB68-SA1,259 Section 259. 118.60 (3) (ar) 3. a. and b. of the statutes are created to read:

AB68-SA1,88,3 118.60 (3) (ar) 3. a. The sum of all applicants for pupils residing in a school district, other than an eligible school district or a 1st class city school district, exceeds the school district's pupil participation limit under sub. (2) (be).

AB68-SA1,88,6 b. The sum of all applicants for pupils residing in all school districts, other than an eligible school district or a 1st class city school district, exceeds the program cap under sub. (2) (bh) 2. b.

AB68-SA1,260 Section 260. 118.60 (3) (ar) 4. of the statutes is renumbered 118.60 (3) (ar) 4. (intro.) and amended to read:

AB68-SA1,88,13 118.60 (3) (ar) 4. (intro.) For each school district in which private schools received applications under subd. 1. that exceeded the school district's pupil participation limit under sub. (2) (be), the The department shall establish a waiting list in accordance with the preferences required under subd. 3. for each of the following:

AB68-SA1,261 Section 261. 118.60 (3) (ar) 4. a. and b. of the statutes are created to read:

AB68-SA1,88,17 118.60 (3) (ar) 4. a. A school district, other than an eligible school district or a 1st class city school district, for which the sum described under subd. 3. a. exceeds the school district's pupil participation limit under sub. (2) (be).