AB68: Bill Text

AB68,1940 Section 1940 . 115.76 (12) (a) 3. of the statutes is repealed.

AB68,1941 Section 1941 . 115.76 (13) of the statutes is amended to read:

AB68,1113,24 115.76 (13) “Person acting as a parent of a child" means a relative of the child or a private individual allowed to act as a parent of a child by the child's biological natural or adoptive parents or guardian, and includes the child's grandparent, neighbor, friend or private individual caring for the child with the explicit or tacit approval of the child's biological natural or adoptive parents or guardian. “Person acting as a parent of a child" does not include any person that receives public funds to care for the child if such funds exceed the cost of such care.

AB68,1942 Section 1942 . 115.77 (1) of the statutes is amended to read:

AB68,1114,4 115.77 (1) In sub. (1m) (a) to (d), except as provided in s. 118.51 (12) (b), if a child with a disability is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), “local educational agency" means the school district that the child is attending.

AB68,1943 Section 1943. 115.79 (1) (b) of the statutes is amended to read:

AB68,1114,12 115.79 (1) (b) An educational placement is provided to implement a child's individualized education program. Except as provided in s. 118.51 (12) (b), if a child with a disability is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide an educational placement for the child and shall pay tuition charges instead of the school district in which the child resides if required by the placement.

AB68,1944 Section 1944. 115.7915 (1) (am) of the statutes is created to read:

AB68,1114,16 115.7915 (1) (am) “Program cap” means the total number of children who attended eligible schools under the scholarship program under this section in the 2021-22 school year.

AB68,1945 Section 1945. 115.7915 (2) (intro.) of the statutes is amended to read:

AB68,1114,21 115.7915 (2) Scholarship requirements. (intro.) Beginning in the 2016-17 school year, the department shall, subject to sub. (2m), provide to a child with a disability a scholarship under sub. (4m) (a) to attend an eligible school if all of the following apply:

AB68,1946 Section 1946. 115.7915 (2) (b) of the statutes is amended to read:

AB68,1114,25 115.7915 (2) (b) The governing body of the eligible school notified the department of its intent to participate in the program under this section as provided under sub. (3) (a).

AB68,1947 Section 1947. 115.7915 (2) (cm) of the statutes is created to read:

AB68,1115,5 115.7915 (2) (cm) For an eligible school that begins participating in the program under this section in the 2022-23 school year or any school year thereafter, the eligible school also participates in a parental choice program under s. 118.60 or 119.23 for the school year for which the scholarship is awarded.

AB68,1948 Section 1948. 115.7915 (2) (f) of the statutes is amended to read:

AB68,1115,15 115.7915 (2) (f) The child's parent or guardian on behalf of the child, or, for a child with a disability who has reached the age of 18 and has not been adjudicated incompetent, the child, submitted an application for a scholarship under this section as provided under sub. (3) (am) and on a form prepared by the department that includes the document developed by the department under sub. (4) to the eligible school that the child will attend. A child's parent or guardian or a child with a disability who has reached the age of 18 may apply for a scholarship at any time during a school year and, subject to sub. (3) (b), a child may begin attending an eligible school under this section at any time during the school year.

AB68,1949 Section 1949. 115.7915 (2) (g) of the statutes is repealed.

AB68,1950 Section 1950 . 115.7915 (2) (i) of the statutes is created to read:

AB68,1115,22 115.7915 (2) (i) 1. Except as provided in subd. 2., beginning on July 1, 2024, all of the eligible school's teachers have a teaching license or permit issued by the department, except that a teacher employed by the eligible school who teaches only courses in rabbinical studies is not required to hold a license or permit to teach issued by the department.

AB68,1116,6 2. Any teacher employed by the eligible 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. 1. 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. 1. The department shall promulgate rules to implement this subdivision, 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. 1. No waiver granted under this subdivision is valid after July 1, 2029.

AB68,1951 Section 1951. 115.7915 (2m) of the statutes is created to read:

AB68,1116,10 115.7915 (2m) Program cap. Beginning with the 2022-23 school year, the total number of children who may attend eligible schools under the scholarship program under this section during a school year may not exceed the program cap.

AB68,1952 Section 1952. 115.7915 (3) (title) of the statutes is amended to read:

AB68,1116,13 115.7915 (3) (title) Participating schools; selection of pupils application process; waiting list.

AB68,1953 Section 1953. 115.7915 (3) (a) of the statutes is amended to read:

AB68,1116,20 115.7915 (3) (a) The governing body of an eligible school that intends to participate in the program under this section shall notify the department of its intent by the first Monday in March of the previous school year. The governing body of the eligible school shall include in the notice under this paragraph the number of spaces the eligible school has available for children receiving a scholarship under this section.

AB68,1954 Section 1954. 115.7915 (3) (am) of the statutes is created to read:

AB68,1116,25 115.7915 (3) (am) The governing body of an eligible school that has submitted a notice of intent to participate under par. (a) may accept applications for scholarships under sub. (2) (f) for the following school year between the first weekday in April and the first Thursday in June.

AB68,1955 Section 1955. 115.7915 (3) (b) of the statutes is repealed.

AB68,1956 Section 1956. 115.7915 (3) (bm) of the statutes is amended to read:

AB68,1117,15 115.7915 (3) (bm) Upon receipt of an application for a scholarship under sub. (2) (f) par. (am), the governing body of the eligible school shall determine whether the application satisfies the requirements under sub. (2), other than the requirement under sub. (2) (d), and shall request verification from the local education agency that developed the child's individualized education program or services plan that the child has an individualized education program or services plan in place that meets the requirement in sub. (2) (d). The governing body of the eligible school shall also notify the child's resident school board that, pending verification that the requirements of sub. (2) have been satisfied and subject to par. (d), the child will be awarded a scholarship under this section. The local education agency shall, within 5 business days of receiving a request under this paragraph, provide the governing body of the eligible school with a copy of the child's individualized education program or services plan.

AB68,1957 Section 1957. 115.7915 (3) (c) of the statutes is amended to read:

AB68,1118,2 115.7915 (3) (c) The By the 3rd Thursday in June immediately following the application period under par. (am), the governing body of a private an eligible school participating in the program under this section that received applications for scholarships under par. (am) shall notify report to the department when it verifies that a child has the names of children who applied under par. (am) to attend the eligible school for whom the governing body has received verification under par. (bm) that an individualized education program or services plan is in effect and accepts the child's application to attend the private school under a scholarship awarded under this section the names of those applicants who have siblings who are already attending the eligible school.

AB68,1958 Section 1958. 115.7915 (3) (d), (e), (f) and (g) of the statutes are created to read:

AB68,1118,15 115.7915 (3) (d) After the end of the application period described under par. (am), upon receipt of the information under par. (c), the department shall determine the sum of all applicants for scholarships under this section and the number of scholarships awarded to children who are continuing to attend private schools under scholarships as provided under sub. (4m) (d). In determining the sum, the department shall count a child who has applied for more than one scholarship under this section only once. If the sum of all applicants and continuing scholarships exceeds the program cap, the department shall determine which applications to accept on a random basis, subject to the number of available spaces each eligible school specified in its notice under par. (a), except that the department shall give preference to the following in accepting applications for each eligible school, in the order of preference listed:

AB68,1118,17 1. Children who attended a different eligible school under a scholarship under this section during the previous school year.

AB68,1118,18 2. Siblings of pupils who are already attending the eligible school.

AB68,1118,22 (e) No later than 60 days after the end of the application period described under par. (am), the department shall notify each applicant and each eligible school, in writing, whether the applicant has been approved to receive a scholarship to attend the eligible school under this section.

AB68,1118,24 (f) If the sum under par. (d) exceeds the program cap, the department shall establish a waiting list in accordance with the preferences required under par. (d).

AB68,1119,7 (g) The governing body of an eligible school shall notify the department whenever the governing body determines that a child awarded a scholarship under this section will not attend the eligible school under the scholarship. If, upon receiving notice under this paragraph, the department determines that the number of children attending eligible schools under scholarships under this section falls below the program cap, the department shall fill any available slot with a child selected from the waiting list established under par. (f), if such a waiting list exists.

AB68,1959 Section 1959. 115.7915 (3m) of the statutes is created to read:

AB68,1119,19 115.7915 (3m) Transfers between participating schools. Notwithstanding sub. (3) (am), at any time during a school year, the governing body of a participating private school may accept an application from a child attending another private school under a scholarship to transfer the child's scholarship to the participating private school. The governing body may approve the child's request to transfer if the private school has an unfilled available space for a child receiving a scholarship under this section as specified in the private school's notice under sub. (3) (a). If the governing body approves the transfer request, the governing body shall notify the department. This subsection does not apply to a child who is reevaluated and determined to no longer be a child with a disability by the child's individualized education program team.

AB68,1960 Section 1960. 115.7915 (4c) of the statutes is repealed.

AB68,1961 Section 1961. 115.7915 (4m) (a) 2. b. of the statutes is amended to read:

AB68,1120,3 115.7915 (4m) (a) 2. b. Beginning in the 2018-19 school year and subject to subd. 3., ending in the 2020-21 school year, the sum of the scholarship amount 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, or the amount under s. 115.7915 (4m) (a) 3., 2019 stats., if applicable.

AB68,1962 Section 1962 . 115.7915 (4m) (a) 2. c. of the statutes is created to read:

AB68,1120,9 115.7915 (4m) (a) 2. c. Beginning in the 2021-22 school year, the sum of the scholarship amount 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.

AB68,1963 Section 1963. 115.7915 (4m) (a) 3. of the statutes is repealed.

AB68,1964 Section 1964. 115.7915 (4m) (cm) of the statutes is repealed.

AB68,1965 Section 1965 . 115.7915 (4m) (f) 1. a. of the statutes is amended to read:

AB68,1120,15 115.7915 (4m) (f) 1. a. Determine the sum of the amount paid for each child the number of children residing in the school district for whom a payment is made under par. (a) in that school year.

AB68,1966 Section 1966 . 115.7915 (4m) (f) 1. bm. of the statutes is created to read:

AB68,1120,18 115.7915 (4m) (f) 1. bm. Multiply the number of pupils under subd. 1. a. by the per pupil amount calculated under par. (a) for that school year.

AB68,1967 Section 1967 . 115.7915 (4m) (f) 1. e. of the statutes is amended to read:

AB68,1120,21 115.7915 (4m) (f) 1. e. Sum the amounts calculated under subd. 1. a., bm., d., and dh.

AB68,1968 Section 1968 . 115.7915 (6) (L) of the statutes is created to read:

AB68,1121,2 115.7915 (6) (L) Allow a child attending the private school under this section to refrain from participating in any religious activity if the child's parent submits to the child's teacher or the private school's principal a written request that the child be exempt from such activities.

AB68,1969 Section 1969. 115.81 (1) (b) of the statutes is amended to read:

AB68,1121,12 115.81 (1) (b) “Responsible local educational agency" means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a residential care center for children and youth except that if the child resided in an institution or facility operated by the department of health services, a Type 1 juvenile correctional facility, as defined in s. 938.02 (19) (10p), or a Type 1 prison, as defined in s. 301.01 (5), before the placement of the child in a residential care center for children and youth, “responsible local educational agency" means the school district in which the residential care center for children and youth is located.

AB68,1970 Section 1970. 115.882 of the statutes is renumbered 115.882 (intro.) and amended to read:

AB68,1121,20 115.882 Payment of state aid; reimbursement rate. (intro.) Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6), and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, not to exceed 100 percent. the following rates:

AB68,1971 Section 1971. 115.882 (1) and (2) of the statutes are created to read:

AB68,1121,22 115.882 (1) In the 2021-22 school year, 45 percent of eligible costs.

AB68,1121,24 (2) In the 2022-23 school year and in each school year thereafter, 50 percent of eligible costs.

AB68,1972 Section 1972. 115.95 (2) of the statutes is amended to read:

AB68,1122,8 115.95 (2) It is the policy of this state to provide equal educational opportunities by ensuring that necessary programs are available for limited-English proficient pupils while allowing each school district and charter school under s. 118.40 (2r) or (2x) maximum flexibility in establishing programs suited to its particular needs. To this end, this subchapter provides support for educating limited-English proficient pupils and establishes bilingual-bicultural education programs for pupils in school districts with specified concentrations of limited-English proficient pupils in the attendance areas of particular schools.

AB68,1973 Section 1973. 115.95 (3) of the statutes is amended to read:

AB68,1122,14 115.95 (3) It is the policy of this state to reimburse school districts, in substantial part, for the added costs of providing the programs established under this subchapter and to provide support to school districts and charter schools under s. 118.40 (2r) and (2x) for the added costs of educating limited-English proficient pupils.

AB68,1974 Section 1974. 115.958 of the statutes is created to read:

AB68,1122,20 115.958 Capacity-building grants for licensed educators. (1) A school board or the operator of a charter school established under s. 118.40 (2r) or (2x) may apply to the department for a grant for the school district or charter school to provide support and financial assistance to its staff and teachers in obtaining licensure or certification as bilingual teachers and teachers of English as a 2nd language.

AB68,1122,24 (2) Beginning in the 2022-23 school year, from the appropriation under s. 20.255 (2) (ch), the department may award grants under sub. (1) to school districts and charter schools established under s. 118.40 (2r) and (2x) in amounts determined by the department.

AB68,1123,2 (3) The department may promulgate rules to implement and administer this section.

AB68,1975 Section 1975. 115.96 (title) of the statutes is amended to read:

AB68,1123,4 115.96 (title) Establishment Pupil counts; establishment of programs.

AB68,1976 Section 1976. 115.96 (1) of the statutes is amended to read:

AB68,1123,13 115.96 (1) Count of limited-English proficient pupils. Annually, on or before March 1, each a school board and the operator of a charter school established under s. 118.40 (2r) or (2x) shall conduct a count of the limited-English proficient pupils in the public schools of the district or in the charter school, assess the language proficiency of such the pupils , and classify such the pupils by language group, grade level, age, and English language proficiency. A school board or operator is eligible for state aid under s. 115.995 only if the school board or operator conducts the count under this subsection.

AB68,1977 Section 1977. 115.97 (1) of the statutes is amended to read:

AB68,1124,2 115.97 (1) A school board may combine pupils in attendance at separate schools in its bilingual-bicultural education program. The school board shall be eligible for state aids under s. 115.995 if the number of limited-English proficient pupils served from the combined schools meets the requirements under sub. (2), (3) or (4). A pupil shall be eligible for a bilingual-bicultural education program only until he or she is able to perform ordinary classwork in English. The bilingual-bicultural education program shall be designed to provide intensive instruction to meet this objective. Nothing in this subchapter shall be construed to authorize isolation of children of limited-English proficient ability or ethnic background for a substantial portion of the school day. Pupils who are not limited-English proficient pupils may participate in a bilingual-bicultural education program, except that a school board shall give preference to limited-English proficient pupils in admitting pupils to such a program.

AB68,1978 Section 1978. 115.97 (6) of the statutes is created to read:

AB68,1124,7 115.97 (6) A school board that is required to establish a bilingual-bicultural education program under sub. (2), (3), or (4) is eligible for state aid under s. 115.995 only if the state superintendent is satisfied that the school board maintained the bilingual-bicultural education program in accordance with this subchapter.

AB68,1979 Section 1979. 115.977 (2) of the statutes is amended to read:

AB68,1124,14 115.977 (2) A school district may establish bilingual-bicultural education programs by contracting with other school districts or with a cooperative educational service agency. If 10 or more pupils in kindergarten to grade 3, 20 or more in grades 4 to 8 or 20 or more in a high school program are enrolled in a program under a contract pursuant to this subsection, the school district offering the program is eligible for reimbursement under s. 115.995.

AB68,1980 Section 1980. 115.993 (title) of the statutes is amended to read:

AB68,1124,17 115.993 (title) Report Reports on bilingual-bicultural education and pupil counts.

AB68,1981 Section 1981. 115.993 of the statutes is renumbered 115.993 (1) and amended to read:

AB68,1125,3 115.993 (1) Annually, on or before August 15, the school board of a district operating a bilingual-bicultural education program under this subchapter shall report to the state superintendent the number of pupils, including both limited-English proficient pupils and other pupils, instructed the previous school year in bilingual-bicultural education programs, an itemized statement on oath of all disbursements on account of a summary of the costs incurred to operate the bilingual-bicultural education program operated during the previous school year, and a copy of the estimated budget for that operating the bilingual-bicultural education program for the current school year.