AB68: Bill Text

AB68,1159,3 (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.

AB68,1159,7 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.

AB68,2087 Section 2087. 118.55 (7g) of the statutes is amended to read:

AB68,1159,20 118.55 (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).

AB68,2088 Section 2088. 118.55 (7t) of the statutes is amended to read:

AB68,1160,2 118.55 (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.

AB68,1160,16 (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.

AB68,2089 Section 2089. 118.55 (8) (b) of the statutes is amended to read:

AB68,1160,21 118.55 (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.

AB68,2090 Section 2090. 118.55 (10) (d) of the statutes is created to read:

AB68,1160,25 118.55 (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:

AB68,1161,5 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:

AB68,1161,6 a. The chancellor of a University of Wisconsin System institution.

AB68,1161,7 b. The president of a private, nonprofit institution.

AB68,1161,9 2. The instruction of pupils in the course takes place in the charter school building.

AB68,1161,10 3. The individual who provides instruction in the course is any of the following:

AB68,1161,15 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.

AB68,1161,19 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.

AB68,2091 Section 2091. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB68,1162,2 118.60 (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:

AB68,2092 Section 2092. 118.60 (2) (a) 2. a. of the statutes is amended to read:

AB68,1162,9 118.60 (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.

AB68,2093 Section 2093. 118.60 (2) (a) 2. g. of the statutes is amended to read:

AB68,1162,13 118.60 (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.

AB68,2094 Section 2094. 118.60 (2) (a) 6. a. of the statutes is amended to read:

AB68,1162,19 118.60 (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.

AB68,2095 Section 2095. 118.60 (2) (a) 6m. of the statutes is created to read:

AB68,1162,23 118.60 (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.

AB68,1163,8 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.

AB68,2096 Section 2096. 118.60 (2) (be) 3. of the statutes is amended to read:

AB68,1163,12 118.60 (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.

AB68,2097 Section 2097. 118.60 (2) (bh) of the statutes is created to read:

AB68,1163,14 118.60 (2) (bh) 1. In this paragraph, “program cap” means any of the following:

AB68,1163,17 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.

AB68,1163,20 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.

AB68,1163,23 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.

AB68,1164,2 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.

AB68,2098 Section 2098. 118.60 (2) (c) 3. of the statutes is created to read:

AB68,1164,7 118.60 (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.

AB68,2099 Section 2099. 118.60 (3) (a) (intro.) of the statutes is renumbered 118.60 (3) (a) and amended to read:

AB68,1164,24 118.60 (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:

AB68,2100 Section 2100. 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:

AB68,1165,4 118.60 (3) (am) 3. bm. Siblings of pupils described in subd. 1m. 3. am.

AB68,1165,5 d. Siblings of pupils described under subd. 3. c.

AB68,2101 Section 2101 . 118.60 (3) (am) of the statutes is created to read:

AB68,1165,8 118.60 (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:

AB68,1165,15 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.

AB68,1165,22 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.

AB68,1166,7 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:

AB68,1166,10 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.

AB68,1166,18 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.

AB68,2102 Section 2102 . 118.60 (3) (ar) (intro.) of the statutes is amended to read:

AB68,1166,23 118.60 (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:

AB68,2103 Section 2103 . 118.60 (3) (ar) 3. of the statutes is renumbered 118.60 (3) (ar) 3. (intro.) and amended to read:

AB68,1167,13 118.60 (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.:

AB68,2104 Section 2104. 118.60 (3) (ar) 3. a. and b. of the statutes are created to read:

AB68,1167,17 118.60 (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).

AB68,1167,20 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.

AB68,2105 Section 2105. 118.60 (3) (ar) 4. of the statutes is renumbered 118.60 (3) (ar) 4. (intro.) and amended to read:

AB68,1168,2 118.60 (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:

AB68,2106 Section 2106. 118.60 (3) (ar) 4. a. and b. of the statutes are created to read:

AB68,1168,6 118.60 (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).

AB68,1168,9 b. All school districts, other than an eligible school district or a 1st class city school district, if the sum described under subd. 3. b. exceeds the program cap under sub. (2) (bh) 2. b.

AB68,2107 Section 2107. 118.60 (3) (ar) 5. of the statutes is amended to read:

AB68,1168,20 118.60 (3) (ar) 5. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city 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 a school district's pupil participation limit under sub. (2) (be), or below the program cap under sub. (2) (bh) 2. b., the department shall fill any available slot in that school district or program with a pupil selected from the school district's applicable waiting list established under subd. 4., if such a waiting list exists.

AB68,2108 Section 2108. 118.60 (3) (b) of the statutes is amended to read:

AB68,1169,8 118.60 (3) (b) If a participating private school the department rejects an applicant who resides within in an eligible school district because the private school to which the applicant applied has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant who is rejected under this paragraph or an applicant who is on the waiting list under par. (am) 4. may, subject to sub. (2) (bh) 2. a., be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside within in an eligible school district. The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.

AB68,2109 Section 2109. 118.60 (3) (c) of the statutes is amended to read:

AB68,1169,22 118.60 (3) (c) If a participating private school the department rejects an applicant who resides in a school district, other than an eligible school district or a 1st class city school district, because the private school to which the applicant applied has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant who is rejected under this paragraph or an applicant who is on the a waiting list under par. (ar) 4. a. or b. may, subject to sub. (2) (be) and (bh) 2. b., be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside in a school district , other than an eligible school district or a 1st class city school district. The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.

AB68,2110 Section 2110. 118.60 (4) (bg) 3. of the statutes is amended to read:

AB68,1170,10 118.60 (4) (bg) 3. In the 2015-16 to 2020-21 school year and in each school year thereafter years, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, except as provided in subd. 5., the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB68,2111 Section 2111 . 118.60 (4) (bg) 6. of the statutes is created to read:

AB68,1170,22 118.60 (4) (bg) 6. Beginning in the 2021-22 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, except as provided in subd. 7., the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) (a) between the previous school year and the current school year, if positive.

AB68,2112 Section 2112 . 118.60 (4) (bg) 7. of the statutes is created to read:

AB68,1171,3 118.60 (4) (bg) 7. If the pupil described in subd. 6. is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, the state superintendent shall substitute for the amount described in subd. 6. the amount determined under subd. 4. a. to d., with the following modifications:

AB68,1171,10 a. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between kindergarten to 8 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) (a) between the previous school year and the current school year, if positive.

AB68,1171,17 b. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between 9 to 12 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) (a) between the previous school year and the current school year, if positive.

AB68,2113 Section 2113. 118.60 (4v) (b) of the statutes is amended to read:

AB68,1171,24 118.60 (4v) (b) If the department considers a pupil as a resident of an eligible school district under par. (a) for a school year, the department shall ensure that the pupil is not counted for that school year for purposes of determining whether a school district has exceeded its pupil participation limit under sub. (2) (be) and that the pupil is not counted for that school year for purposes of determining whether a program cap under sub. (2) (bh) 2. a. or b. has been exceeded.

AB68,2114 Section 2114. 118.60 (7) (b) 2g. of the statutes is created to read:

AB68,1172,5 118.60 (7) (b) 2g. Beginning in the 2022-23 school year, as part of the private school's curriculum, include instruction in the culture, tribal sovereignty, and contemporary and historical significant events of the federally recognized American Indian tribes and bands located in this state at least twice in the elementary grades and at least once in the high school grades.

AB68,2115 Section 2115. 118.60 (11) (e) of the statutes is created to read:

AB68,1172,13 118.60 (11) (e) Notwithstanding sub. (2) (be) and (bh) and s. 119.23 (2) (b), promulgate rules under par. (a) that are consistent with sub. (4v) and s. 119.23 (4v) to ensure that, if a pupil who accepted a space at a private school participating in a program under this section or under s. 119.23 changes the pupil's residence, the pupil will not be counted for purposes of determining whether the participation limit under sub. (2) (be) or the program cap under sub. (2) (bh) or s. 119.23 (2) (b) that applies to the pupil's new residence has been exceeded.

AB68,2116 Section 2116. Subchapter I (title) of chapter 119 [precedes 119.01] of the statutes is repealed.

AB68,2117 Section 2117. 119.02 (1) of the statutes is amended to read:

AB68,1172,19 119.02 (1) “Board" means the board of school directors in charge of the public schools of a city of the 1st class other than those public schools transferred to the opportunity schools and partnership programs under s. 119.33 or subch. II.

AB68,2118 Section 2118. 119.02 (2g) of the statutes is repealed.

AB68,2119 Section 2119. 119.02 (4) of the statutes is repealed.

AB68,2120 Section 2120. 119.04 (1) of the statutes is amended to read: