AB68: Bill Text

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 Subchapter I (title) of chapter 119 [precedes 119.01] of the statutes is repealed.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AB68,2118 Section 2118. 119.02 (2g) of the statutes is repealed.

AB68,2119 Section 2119. 119.02 (4) of the statutes is repealed.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

AB68,1173,10 119.04 (1) Subchapters IV, V, and VII of ch. 115, ch. 121, and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445, 115.449, 115.453, 115.457, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB68,2121 Section 2121. 119.16 (1n) of the statutes is repealed.

AB68,2122 Section 2122. 119.16 (2) of the statutes is amended to read:

AB68,1173,18 119.16 (2) Establish schools and districts. The board shall maintain the public schools in the city, other than those public schools transferred to the opportunity schools and partnership programs under s. 119.33 and subch. II, and shall establish, organize, and maintain such schools as the board determines are necessary to accommodate the children entitled to instruction therein. The board shall divide the city into attendance districts for such schools.

AB68,2123 Section 2123. 119.16 (8) (a) of the statutes is amended to read:

AB68,1174,2 119.16 (8) (a) Annually before adopting its budget for the ensuing school year and at least 5 days before transmitting its completed budget under par. (b), the board shall hold a public hearing on the proposed school budget at a time and place fixed by the board. At least 45 days before the public hearing, the board shall notify the superintendent of schools and the commissioner of the date, time, and place of the hearing. At least one week before the public hearing, the board shall publish a class 1 notice, under ch. 985, of the public hearing.

AB68,2124 Section 2124. 119.16 (8) (b) of the statutes is amended to read:

AB68,1174,12 119.16 (8) (b) The board shall transmit its completed budget to the common council on or before the first Monday in August of each year on forms furnished by the auditing officer of the city, and shall include in the budget the information specified under s. 119.46 (1) for all public schools in the city under this chapter, including the schools transferred to the opportunity schools and partnership programs under s. 119.33 and subch. II. The board shall itemize those portions of the budget allocated to schools transferred to the opportunity schools and partnership programs under s. 119.33 and subch. II. Such completed budget shall be published with the budget summary under s. 65.04 (2) or 65.20 and budget under s. 65.05 (7).

AB68,2125 Section 2125. 119.16 (9) of the statutes is amended to read:

AB68,1174,17 119.16 (9) School budget. Annually, the board shall prepare a budget for each school in the school district operating under this chapter, other than the schools transferred to the opportunity schools and partnership programs under s. 119.33 and subch. II.

AB68,2126 Section 2126. 119.16 (15) of the statutes is repealed.

AB68,2127 Section 2127. 119.23 (2) (a) (intro.) of the statutes is amended to read:

AB68,1174,22 119.23 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (b), any pupil in grades kindergarten to 12 who resides within the city may attend any private school if all of the following apply:

AB68,2128 Section 2128. 119.23 (2) (a) 6. a. of the statutes is amended to read:

AB68,1175,3 119.23 (2) (a) 6. a. Except as provided in subd. 6. c., 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.

AB68,2129 Section 2129. 119.23 (2) (a) 6m. of the statutes is created to read:

AB68,1175,7 119.23 (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.

AB68,1175,17 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.

AB68,2130 Section 2130. 119.23 (2) (b) of the statutes is created to read:

AB68,1175,21 119.23 (2) (b) 1. In this paragraph, “program cap” means the total number of pupils residing in the city who attended a private school under this section in the 2021-22 school year.

AB68,1175,24 2. Beginning with the 2022-23 school year, the total number of pupils residing in the city who may attend a private school under this section during a school year may not exceed the program cap.

AB68,2131 Section 2131. 119.23 (2) (c) 3. of the statutes is created to read:

AB68,1176,4 119.23 (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.

AB68,2132 Section 2132. 119.23 (3) (a) (intro.) of the statutes is renumbered 119.23 (3) (a) and amended to read:

AB68,1176,20 119.23 (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, 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. A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. 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 order of preference listed:

AB68,2133 Section 2133. 119.23 (3) (a) 1. to 5. of the statutes are renumbered 119.23 (3) (ar) 3. a. to e., and 119.23 (3) (ar) 3. b. and d., as renumbered, are amended to read:

AB68,1176,23 119.23 (3) (ar) 3. b. Siblings of pupils described in subd. 1. 3. a.

AB68,1176,24 d. Siblings of pupils described in subd. 3. c.

AB68,2134 Section 2134. 119.23 (3) (ar) of the statutes is created to read:

AB68,1177,2 119.23 (3) (ar) All of the following apply to applications to attend a private school under this section submitted by pupils who reside in the city:

AB68,1177,9 1. A private school that has submitted a notice of intent to participate under sub. (2) (a) 3. may accept applications for a school year during application periods determined by the department from pupils who reside in the city. For each school year, the department shall establish one or more application periods under this subdivision, the first of which begins no later 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.

AB68,1177,16 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.

AB68,1178,2 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 the city. 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 the city exceeds the program cap under sub. (2) (b), 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:

AB68,1178,5 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (b), the department shall establish a waiting list in accordance with the preferences required under subd. 3.

AB68,1178,12 5. A private school that has accepted a pupil who resides in the city 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) (b), 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.

AB68,2135 Section 2135. 119.23 (3) (b) of the statutes is amended to read:

AB68,1178,23 119.23 (3) (b) If the private school rejects an applicant because it the private school 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. (ar) 4. may, subject to sub. (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 within in the city. 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.

AB68,2136 Section 2136. 119.23 (4) (bg) 3. of the statutes is amended to read:

AB68,1179,12 119.23 (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) (fu), 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.

AB68,2137 Section 2137 . 119.23 (4) (bg) 6. of the statutes is created to read:

AB68,1179,24 119.23 (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) (fu), 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.

AB68,2138 Section 2138 . 119.23 (4) (bg) 7. of the statutes is created to read:

AB68,1180,5 119.23 (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:

AB68,1180,12 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.

AB68,1180,19 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.

AB68,2139 Section 2139. 119.23 (4v) (b) of the statutes is amended to read:

AB68,1181,2 119.23 (4v) (b) If the department considers a pupil as a resident of the city 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 s. 118.60 (2) (be) and that the pupil is not counted for that school year for purposes of determining whether a program cap under sub. (2) (b) or s. 118.60 (2) (bh) 2. a. or b. has been exceeded.

AB68,2140 Section 2140. 119.23 (7) (b) 2g. of the statutes is created to read:

AB68,1181,8 119.23 (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.

AB68,2141 Section 2141. 119.23 (11) (e) of the statutes is created to read:

AB68,1181,16 119.23 (11) (e) Notwithstanding sub. (2) (b) and s. 118.60 (2) (be) and (bh), promulgate rules under par. (a) that are consistent with sub. (4v) and s. 118.60 (4v) to ensure that, if a pupil who accepted a space at a private school participating in the program under this section or under s. 118.60 changes the pupil's residence, the pupil will not be counted for purposes of determining whether the participation limit under s. 118.60 (2) (be) or the program cap under sub. (2) (b) or s. 118.60 (2) (bh) that applies to the pupil's new residence has been exceeded.

AB68,2142 Section 2142. 119.33 of the statutes is repealed.

AB68,2143 Section 2143. 119.44 (2) (a) 5. of the statutes is repealed.

AB68,2144 Section 2144. 119.46 (1) of the statutes is amended to read:

AB68,1182,21 119.46 (1) As part of the budget transmitted annually to the common council under s. 119.16 (8) (b), the board shall report the amount of money required for the ensuing school year to operate all public schools in the city under this chapter, including the schools transferred to the superintendent of schools opportunity schools and partnership program under s. 119.33 and to the opportunity schools and partnership program under subch. II, to repair and keep in order school buildings and equipment, including school buildings and equipment transferred to the superintendent of schools opportunity schools and partnership program under s. 119.33 and to the opportunity schools and partnership program under subch. II, to make material improvements to school property, and to purchase necessary additions to school sites. The report shall specify the amount of net proceeds from the sale or lease of city-owned property used for school purposes deposited in the immediately preceding school year into the school operations fund as specified under s. 119.60 (2m) (c) or (5) and the net proceeds from the sale of an eligible school building deposited in the immediately preceding school year into the school operations fund as specified under s. 119.61 (5). The amount included in the report for the purpose of supporting the Milwaukee Parental Choice Program under s. 119.23 shall be reduced by the amount of aid received by the board under s. 121.136 and by the amount specified in the notice received by the board under s. 121.137 (2). The common council shall levy and collect a tax upon all the property subject to taxation in the city, which shall be equal to the amount of money required by the board for the purposes set forth in this subsection, at the same time and in the same manner as other taxes are levied and collected. Such taxes shall be in addition to all other taxes which that the city is authorized to levy. The taxes so levied and collected, any other funds provided by law and placed at the disposal of the city for the same purposes, and the moneys deposited in the school operations fund under ss. 119.60 (1), (2m) (c), and (5) and 119.61 (5) shall constitute the school operations fund.

AB68,2145 Section 2145. 119.49 (4) of the statutes is amended to read:

AB68,1183,3 119.49 (4) The common council shall levy and collect a tax upon all taxable property in the city, in the same manner and at the same time as other taxes are levied and collected, which that shall be sufficient to pay the interest on all school bonds issued under this subchapter which chapter that are outstanding and to pay such part of the principal of such school bonds as becomes due during the ensuing school year.

AB68,2146 Section 2146. 119.55 of the statutes is repealed.

AB68,2147 Section 2147. 119.61 (1) (a) 4. of the statutes is amended to read:

AB68,1183,8 119.61 (1) (a) 4. An individual or group that is pursuing a contract with an entity under s. 118.40 (2r) (b) or the director under s. 118.40 (2x) to operate a school as a charter school.

AB68,2148 Section 2148. 119.61 (2) (b) of the statutes is amended to read:

AB68,1183,12 119.61 (2) (b) The board shall submit a copy of the inventory required under par. (a) to the commissioner, the superintendent of schools, the city clerk, the department, and the joint committee on finance.

AB68,2149 Section 2149. 119.61 (2) (c) of the statutes is amended to read:

AB68,1183,17 119.61 (2) (c) In addition to the inventory required under par. (a), the board shall annually notify the commissioner, the superintendent of schools, the city clerk, the department, and the joint committee on finance any time a change is made to the use of a school building.

AB68,2150 Section 2150. 119.61 (3) (a) of the statutes is amended to read:

AB68,1183,24 119.61 (3) (a) If, within 60 days after receipt of the inventory required under sub. (2) (a) or of a notice under sub. (2) (c), either the commissioner or the superintendent of schools submits a letter of interest regarding an eligible school building, the common council shall immediately proceed to add the commissioner or the superintendent of schools, respectively, as an agent of the board on any existing lease for the eligible school building between the common council and the board.

AB68,2151 Section 2151. 119.61 (3) (b) of the statutes is amended to read:

AB68,1184,10 119.61 (3) (b) If, no more than 60 days after providing the commissioner and the superintendent of schools with a copy of the inventory under sub. (2) (a) or of a notice under sub. (2) (c), neither the commissioner nor the superintendent of schools has not submitted a letter of interest under par. (a), the city clerk shall post a public notice on the city's Internet site. The city clerk shall include in the public notice under this subsection the address of and the information specified under sub. (2) (a) 1. and 8. for each school building identified on the inventory under sub. (2) (a), or on the notice under sub. (2) (c), that is an eligible school building. The city clerk shall include in the public notice a request for and instructions for submitting letters of interest from persons interested in purchasing an eligible school building.

AB68,2152 Section 2152. 119.66 of the statutes is amended to read:

AB68,1184,22 119.66 Interest in contracts forbidden. During the term for which elected or appointed and for 2 years after the expiration of the term, no member of the board may be employed by the board or by the department of employee trust funds in any capacity for which a salary or emolument is provided by the board or the department of employee trust funds. No board member, superintendent of schools, assistant superintendent, other assistant, teacher, or other employee of the board may have any interest in the purchase or sale of property by the city for the use or convenience of the schools. No contract made in violation of this section is valid. Any consideration paid by the city for a purchase or sale prohibited by this section may be recovered in an action at law in the name of the city. Any person violating this section shall be removed from any position held under this subchapter chapter.

AB68,2153 Section 2153. Subchapter II (title) of chapter 119 [precedes 119.9000] of the statutes is repealed.

AB68,2154 Section 2154. 119.9000 of the statutes is repealed.

AB68,2155 Section 2155. 119.9001 of the statutes is repealed.

AB68,2156 Section 2156. 119.9002 of the statutes is repealed.

AB68,2157 Section 2157. 119.9003 of the statutes is repealed.

AB68,2158 Section 2158. 119.9004 of the statutes is repealed.

AB68,2159 Section 2159. 119.9005 of the statutes is repealed.

AB68,2160 Section 2160. 120.12 (15) of the statutes is amended to read:

AB68,1185,12 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. This subsection does not eliminate a school district's duty under subch. IV of ch. 111 to bargain with its employees' collective bargaining representative over any calendaring proposal which is primarily related to wages, hours, or conditions of employment.

AB68,2161 Section 2161 . 120.13 (2) (g) of the statutes is amended to read: