Amendment AA7-SB70

SB70-AA7,9e Section 9e. 118.60 (4) (bg) 3. of the statutes, as affected by 2023 Wisconsin Act 11, section 5, is amended to read:

SB70-AA7,70,12 118.60 (4) (bg) 3. In the 2015-16 to 2022-23 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; in the 2023-24 school year, if the pupil is enrolled in a grade from kindergarten to 8, 10 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year; 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; and in the 2023-24 school year, if the pupil is enrolled in a grade from 9 to 12, 26.8 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

SB70-AA7,9f Section 9f. 118.60 (4) (bg) 3. of the statutes, as affected by 2023 Wisconsin Act 11 and 2023 Wisconsin Act .... (this act), is repealed and recreated to read:

SB70-AA7,70,25 118.60 (4) (bg) 3. In the 2015-16 to 2022-23 school 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.

SB70-AA7,205 Section 205. 118.60 (4) (bg) 6. of the statutes is created to read:

SB70-AA7,71,12 118.60 (4) (bg) 6. Beginning in the 2023-24 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) between the previous school year and the current school year, if positive.

SB70-AA7,206 Section 206. 118.60 (4) (bg) 7. of the statutes is created to read:

SB70-AA7,71,18 118.60 (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:

SB70-AA7,71,25 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) between the previous school year and the current school year, if positive.

SB70-AA7,72,7 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) between the previous school year and the current school year, if positive.

SB70-AA7,11e Section 11e. 119.23 (4) (bg) 3. of the statutes, as affected by 2023 Wisconsin Act 11, section 11, is amended to read:

SB70-AA7,72,25 119.23 (4) (bg) 3. In the 2015-16 to 2022-23 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; in the 2023-24 school year, if the pupil is enrolled in a grade from kindergarten to 8, 10 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year; 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; and in the 2023-24 school year, if the pupil is enrolled in a grade from 9 to 12, 26.8 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

SB70-AA7,11f Section 11f. 119.23 (4) (bg) 3. of the statutes, as affected by 2023 Wisconsin Act 11 and 2023 Wisconsin Act .... (this act), is repealed and recreated to read:

SB70-AA7,73,13 119.23 (4) (bg) 3. In the 2015-16 to 2022-23 school 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.

SB70-AA7,207 Section 207. 119.23 (4) (bg) 6. of the statutes is created to read:

SB70-AA7,73,25 119.23 (4) (bg) 6. Beginning in the 2023-24 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) between the previous school year and the current school year, if positive.

SB70-AA7,208 Section 208. 119.23 (4) (bg) 7. of the statutes is created to read:

SB70-AA7,74,6 119.23 (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:

SB70-AA7,74,13 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) between the previous school year and the current school year, if positive.

SB70-AA7,74,20 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) between the previous school year and the current school year, if positive.

SB70-AA7,9434 Section 9434. Effective dates; Public Instruction.

SB70-AA7,74,23 (1) Payment indexing. The repeal and recreation of ss. 118.40 (2r) (e) 2p. (intro.), 118.60 (4) (bg) 3., and 119.23 (4) (bg) 3. takes effect on July 1, 2024.”.

SB70-AA7,74,24 77. Page 374, line 11: after that line insert:

SB70-AA7,75,2 “ Section 209. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB70-AA7,210 Section 210. 20.255 (2) (cv) of the statutes is created to read:

SB70-AA7,75,5 20.255 (2) (cv) Driver education aid. The amounts in the schedule for driver education aid for qualified driver education providers under s. 121.42.

SB70-AA7,211 Section 211. 121.41 of the statutes is amended to read:

SB70-AA7,75,14 121.41 Driver education programs; fees. A school board, operator of a charter school authorized under s. 118.40 (2r) or (2x), cooperative educational service agency, or the technical college system board may establish and collect reasonable fees for any driver education program or part of a program which is neither required for nor credited toward graduation. The school board, operator of a charter school authorized under s. 118.40 (2r) or (2x), cooperative educational service agency, or the technical college system board may waive any fee established under this subsection for any indigent pupil.

SB70-AA7,212 Section 212. 121.42 of the statutes is created to read:

SB70-AA7,75,16 121.42 Driver education programs; state aid. (1) In this section:

SB70-AA7,75,19 (a) “Driver education program” means an instructional program in driver education approved by the department and operated by a qualified driver education provider or driver school.

SB70-AA7,75,20 (b) “Driver school” has the meaning given in s. 343.60 (1).

SB70-AA7,76,3 (c) “Eligible pupil” means a pupil who met the income eligibility standard for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b) (1) in the previous school year.

SB70-AA7,76,6 (d) “Qualified driver education provider” means a school board, the operator of a charter school authorized under s. 118.40 (2r) or (2x), or a cooperative educational service agency.

SB70-AA7,76,9 (2) Beginning in the 2024-25 school year, the department shall pay to each qualified driver education provider and driver school the amount determined under sub. (3) if all of the following apply:

SB70-AA7,76,13 (a) The qualified driver education provider or driver school demonstrates to the department that for eligible pupils the qualified driver education provider or driver school waived the fees the qualified driver education provider or driver school otherwise charges pupils to enroll in and complete the driver education program.

SB70-AA7,76,15 (b) By October 1, 2024, and annually thereafter, the qualified driver education provider or driver school reports to the department all of the following:

SB70-AA7,76,18 1. The number of eligible pupils who enrolled in and successfully completed a driver education program operated by the qualified driver education provider or driver school in the previous school year.

SB70-AA7,76,21 2. The amount the qualified driver education provider or driver school charged a pupil who was not an eligible pupil to enroll in and complete the driver education program in the previous school year.

SB70-AA7,77,2 (3) The department shall calculate the amount paid to a qualified driver education provider or driver school under sub. (2) by multiplying the number of eligible pupils the qualified driver education provider or driver school reported under sub. (2) (b) 1. by the amount the qualified driver education provider or driver school reported under sub. (2) (b) 2.

SB70-AA7,77,4 (4) The department may promulgate rules to implement and administer this section.”.

SB70-AA7,77,5 78. Page 374, line 11: after that line insert:

SB70-AA7,77,7 “ Section 213. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB70-AA7,214 Section 214. 20.255 (2) (co) of the statutes is created to read:

SB70-AA7,77,10 20.255 (2) (co) Supplemental nutrition aid. A sum sufficient for payments under s. 115.3415.

SB70-AA7,215 Section 215. 115.3415 of the statutes is created to read:

SB70-AA7,77,12 115.3415 Supplemental nutrition aid. (1) Definitions. In this section:

SB70-AA7,77,17 (a) “Educational agency” means a school board, an operator of a charter school under s. 118.40 (2r) or (2x), a private school, a tribal school, an operator of a residential care center for children and youth, as defined in s. 115.76 (14g), the director of the program under s. 115.52, and the director of the center under s. 115.525.

SB70-AA7,77,19 (b) “Eligible pupil” means a pupil who satisfies the income eligibility criteria for a reduced-price lunch under 42 USC 1758 (b) (1).

SB70-AA7,77,20 (c) “Federal school breakfast program” means the program under 42 USC 1773.

SB70-AA7,78,2 (d) “Federal school lunch program” means the program under 42 USC 1751 to 1769j.

SB70-AA7,78,5 (e) “Free-meal reimbursement amount” means the reimbursement amount in the previous school year for a school meal provided to a pupil who satisfies the income eligibility for a free lunch under the federal school lunch program.

SB70-AA7,78,7 (f) “Ineligible pupil” means a pupil who does not satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

SB70-AA7,78,9 (g) “Paid-meal reimbursement amount” means the reimbursement amount in the previous school year for a school meal provided to an ineligible pupil.

SB70-AA7,78,11 (h) “Reduced-price-meal reimbursement amount” means the reimbursement amount in the previous school year for a school meal provided to an eligible pupil.

SB70-AA7,78,14 (i) “Reimbursement amount” means the national average payment rate for a school meal, as announced by the food and nutrition service of the federal department of agriculture in the federal register.

SB70-AA7,78,17 (j) “School meal” means a lunch made available under the federal school lunch program, a meal supplement made available under the federal school lunch program, or a breakfast made available under the federal school breakfast program.

SB70-AA7,78,21 (2) Eligibility. An educational agency is eligible for payments under this section if the educational agency does not charge pupils for school meals for which the educational agency receives reimbursement under the federal school breakfast program or the federal school lunch program.

SB70-AA7,78,24 (3) Annual payment. From the appropriation under s. 20.255 (2) (co), in the 2024-25 school year and each school year thereafter, the state superintendent shall pay to each educational agency the sum of all of the following:

SB70-AA7,79,4 (a) The total number of lunches provided by the educational agency to eligible pupils under the federal school lunch program in the previous school year multiplied by the difference between the reduced-price-meal reimbursement amount for a lunch and the free-meal reimbursement amount for a lunch.

SB70-AA7,79,8 (b) The total number of lunches provided by the educational agency to ineligible pupils under the federal school lunch program in the previous school year multiplied by the difference between the paid-meal reimbursement amount for a lunch and the free-meal reimbursement amount for a lunch.

SB70-AA7,79,12 (c) The total number of breakfasts provided by the educational agency to eligible pupils under the federal school breakfast program in the previous school year multiplied by the difference between the reduced-price-meal reimbursement amount for a breakfast and the free-meal reimbursement amount for a breakfast.

SB70-AA7,79,16 (d) The total number of breakfasts provided by the educational agency to ineligible pupils under the federal school breakfast program in the previous school year multiplied by the difference between the paid-meal reimbursement amount for a breakfast and the free-meal reimbursement amount for a breakfast.

SB70-AA7,79,21 (e) The total number of meal supplements provided by the educational agency to eligible pupils under the federal school lunch program in the previous school year multiplied by the difference between the reduced-price-meal reimbursement amount for a meal supplement and the free-meal reimbursement amount for a meal supplement.

SB70-AA7,80,2 (f) The total number of meal supplements provided by the educational agency to ineligible pupils under the federal school lunch program in the previous school year multiplied by the difference between the paid-meal reimbursement amount for a meal supplement and the free-meal reimbursement amount for a meal supplement.

SB70-AA7,4 Section 4. 119.04 (1) of the statutes, as affected by 2023 Wisconsin Act 12, is amended to read:

SB70-AA7,80,18 119.04 (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, 115.3415, 115.342, 115.343, 115.344, 115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124, 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, 118.2935, 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.”.

SB70-AA7,80,19 79. Page 374, line 11: after that line insert:

SB70-AA7,80,21 “ Section 216. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB70-AA7,217 Section 217. 20.255 (2) (bk) of the statutes is created to read:

SB70-AA7,81,3 20.255 (2) (bk) Locally sourced food incentive payments. The amounts in the schedule for payments to school food authorities under s. 115.344.

SB70-AA7,218 Section 218. 115.344 of the statutes is created to read:

SB70-AA7,81,5 115.344 Locally sourced food incentive payments. (1) In this section:

SB70-AA7,81,6 (a) “Federal school breakfast program” means the program under 42 USC 1773.

SB70-AA7,81,8 (b) “Federal school lunch program” means the program under 42 USC 1751 to 1769j.

SB70-AA7,81,10 (c) “Locally sourced food” means food that is raised, produced, aggregated, sorted, processed, and distributed within this state.

SB70-AA7,81,12 (d) “School food authority” means all of the following that participate in the federal school lunch program:

SB70-AA7,81,13 1. A school district.

SB70-AA7,81,14 2. A charter school under s. 118.40 (2r) or (2x).

SB70-AA7,81,15 3. A private school.

SB70-AA7,81,16 4. A tribal school.

SB70-AA7,81,17 5. A residential care center for children and youth, as defined in s. 115.76 (14g).

SB70-AA7,81,18 6. The program under s. 115.52.

SB70-AA7,81,19 7. The center under s. 115.525.

SB70-AA7,81,22 (e) “School meal” means a lunch made available under the federal school lunch program, a meal supplement made available under the federal school lunch program, or a breakfast made available under the federal school breakfast program.

SB70-AA7,82,4 (2) Beginning in the 2024-25 school year and subject to sub. (3), the department shall reimburse a school food authority 10 cents for each school meal the school food authority provided in the previous school year that included a locally sourced food.

SB70-AA7,82,7 (3) If the appropriation under s. 20.255 (2) (bk) in any fiscal year is insufficient to pay the full amount of aid under this section, the department shall prorate payments among the school food authorities entitled to the aid.”.

SB70-AA7,82,8 80. Page 374, line 11: after that line insert:

SB70-AA7,82,10 “ Section 219. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table