Amendment AA7-SB70

SB70-AA7,90,5 “ Section 1. 121.905 (1) (b) 1. to 3. of the statutes are repealed.

SB70-AA7,9334 Section 9334. Initial applicability; Public Instruction.

SB70-AA7,90,8 (1s) Revenue ceiling; referenda restrictions. The treatment of s. 121.905 (1) (b) 1. to 3. first applies to the revenue ceiling for the 2023-24 school year.”.

SB70-AA7,90,10 89. Page 374, line 12: delete the material beginning with that line and ending on page 375, line 11.

SB70-AA7,90,11 90. Page 374, line 14: after that line insert:

SB70-AA7,90,12 “ Section 241. 115.7915 (1) (aw) of the statutes is created to read:

SB70-AA7,90,15 115.7915 (1) (aw) “Program cap” means the total number of children who attended eligible schools under the scholarship program under this section in the 2023-24 school year.

SB70-AA7,242 Section 242. 115.7915 (2) (intro.) of the statutes is amended to read:

SB70-AA7,90,20 115.7915 (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:

SB70-AA7,243 Section 243. 115.7915 (2) (b) of the statutes is amended to read:

SB70-AA7,90,24 115.7915 (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).

SB70-AA7,244 Section 244. 115.7915 (2) (f) of the statutes is amended to read:

SB70-AA7,91,10 115.7915 (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.

SB70-AA7,245 Section 245. 115.7915 (2) (g) of the statutes is amended to read:

SB70-AA7,91,14 115.7915 (2) (g) The Subject to sub. (3) (d), the eligible school, or the department on behalf of the eligible school, has accepted the child's application to attend the eligible school under a scholarship awarded under this section.

SB70-AA7,246 Section 246. 115.7915 (2m) of the statutes is created to read:

SB70-AA7,91,18 115.7915 (2m) Program cap. Beginning with the 2024-25 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.

SB70-AA7,247 Section 247. 115.7915 (3) (title) of the statutes is amended to read:

SB70-AA7,91,21 115.7915 (3) (title) Participating schools; selection of pupils application process; waiting list.

SB70-AA7,248 Section 248. 115.7915 (3) (a) of the statutes is amended to read:

SB70-AA7,92,3 115.7915 (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 1st 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.

SB70-AA7,249 Section 249. 115.7915 (3) (am) of the statutes is created to read:

SB70-AA7,92,8 115.7915 (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 3rd Thursday in June.

SB70-AA7,250 Section 250. 115.7915 (3) (b) of the statutes is repealed.

SB70-AA7,251 Section 251. 115.7915 (3) (bm) of the statutes is amended to read:

SB70-AA7,92,23 115.7915 (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.

SB70-AA7,252 Section 252. 115.7915 (3) (c) of the statutes is amended to read:

SB70-AA7,93,9 115.7915 (3) (c) The By the first weekday in July 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 verified 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.

SB70-AA7,253 Section 253. 115.7915 (3) (d) of the statutes is created to read:

SB70-AA7,93,19 115.7915 (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. 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 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:

SB70-AA7,93,21 1. Children who attended a different eligible school under a scholarship under this section during the previous school year.

SB70-AA7,93,22 2. Siblings of pupils who are already attending the eligible school.

SB70-AA7,254 Section 254. 115.7915 (3) (e) of the statutes is created to read:

SB70-AA7,94,2 115.7915 (3) (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 application submitted to the eligible school has been accepted.

SB70-AA7,255 Section 255. 115.7915 (3) (f) of the statutes is created to read:

SB70-AA7,94,6 115.7915 (3) (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).

SB70-AA7,256 Section 256. 115.7915 (3) (g) of the statutes is created to read:

SB70-AA7,94,15 115.7915 (3) (g) The governing body of an eligible school that has accepted a child under par. (d) shall notify the department whenever the governing body determines that the child will not attend the eligible school under a scholarship under this section. 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.

SB70-AA7,257 Section 257. 118.60 (2) (a) (intro.) of the statutes is amended to read:

SB70-AA7,94,22 118.60 (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:

SB70-AA7,258 Section 258. 118.60 (2) (a) 2. g. of the statutes is amended to read:

SB70-AA7,95,3 118.60 (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.

SB70-AA7,259 Section 259. 118.60 (2) (be) 3. of the statutes is amended to read:

SB70-AA7,95,7 118.60 (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.

SB70-AA7,260 Section 260. 118.60 (2) (bh) of the statutes is created to read:

SB70-AA7,95,9 118.60 (2) (bh) 1. In this paragraph, “program cap” means any of the following:

SB70-AA7,95,12 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 2023-24 school year.

SB70-AA7,95,15 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 2023-24 school year.

SB70-AA7,95,18 2. a. Beginning with the 2024-25 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.

SB70-AA7,95,22 b. Beginning with the 2024-25 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.

SB70-AA7,261 Section 261. 118.60 (3) (a) (intro.) of the statutes is amended to read:

SB70-AA7,96,12 118.60 (3) (a) (intro.) 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. pars. (am) and (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 notice shall include the reason. Subject to par. pars. (am) and (ar), a private school may reject an applicant only if it the private school has reached its maximum general capacity or seating capacity. Except as provided in par. pars. (am) and (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:

SB70-AA7,262 Section 262. 118.60 (3) (am) of the statutes is created to read:

SB70-AA7,96,15 118.60 (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:

SB70-AA7,96,22 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.

SB70-AA7,97,4 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.

SB70-AA7,97,15 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 under this section 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 to the applications of pupils described in par. (a) 1m. to 5., in the order of preference listed in that paragraph.

SB70-AA7,97,18 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.

SB70-AA7,98,2 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.

SB70-AA7,263 Section 263. 118.60 (3) (ar) (intro.) of the statutes is amended to read:

SB70-AA7,98,7 118.60 (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:

SB70-AA7,264 Section 264. 118.60 (3) (ar) 3. of the statutes is renumbered 118.60 (3) (ar) 3. (intro.) and amended to read:

SB70-AA7,98,21 118.60 (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 to the applications of pupils described in par. (a) 1m. to 5., in the order of preference listed in that paragraph .:

SB70-AA7,265 Section 265. 118.60 (3) (ar) 3. a. and b. of the statutes are created to read:

SB70-AA7,98,25 118.60 (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).

SB70-AA7,99,3 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.

SB70-AA7,266 Section 266. 118.60 (3) (ar) 4. of the statutes is renumbered 118.60 (3) (ar) 4. (intro.) and amended to read:

SB70-AA7,99,10 118.60 (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:

SB70-AA7,267 Section 267. 118.60 (3) (ar) 4. a. and b. of the statutes are created to read:

SB70-AA7,99,14 118.60 (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).

SB70-AA7,99,17 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.

SB70-AA7,268 Section 268. 118.60 (3) (ar) 5. of the statutes is amended to read:

SB70-AA7,99,25 118.60 (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.

SB70-AA7,269 Section 269. 118.60 (3) (b) of the statutes is amended to read:

SB70-AA7,100,15 118.60 (3) (b) If a participating private school rejects an applicant who resides within in an eligible school district because 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. (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.

SB70-AA7,270 Section 270. 118.60 (3) (c) of the statutes is amended to read:

SB70-AA7,101,4 118.60 (3) (c) If a participating private school 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 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.

SB70-AA7,271 Section 271. 118.60 (4v) (b) of the statutes is amended to read:

SB70-AA7,101,11 118.60 (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.

SB70-AA7,272 Section 272. 118.60 (4v) (c) of the statutes is created to read:

SB70-AA7,101,16 118.60 (4v) (c) The department may consider a pupil enrolled in a private school participating in the program under this section who satisfies all of the following as a resident of a school district, other than an eligible school district or a 1st class city school district, who is enrolled in the private school under this section:

SB70-AA7,101,18 1. The pupil was a resident of an eligible school district when the pupil applied to participate in the program under this section.

SB70-AA7,101,20 2. The pupil accepted a space at a private school participating in the program under this section as a resident of an eligible school district.

SB70-AA7,101,22 3. The pupil resides in a school district, other than an eligible school district or a 1st class city school district, on the 3rd Friday in September.

SB70-AA7,101,25 4. The private school the pupil is attending under this section accepts applications under this section from pupils who reside in school districts, other than an eligible school district or a 1st class city school district.

SB70-AA7,273 Section 273. 118.60 (4v) (d) of the statutes is created to read:

SB70-AA7,102,8 118.60 (4v) (d) If the department considers a pupil as a resident of a school district, other than an eligible school district or a 1st class city school district, under par. (c) for a school year, the department shall ensure that the pupil is not counted for that school year for purposes of determining whether the 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.

SB70-AA7,274 Section 274. 119.23 (2) (a) (intro.) of the statutes is amended to read:

SB70-AA7,102,12 119.23 (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: