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SB70-AA7,93,1911 115.7915 (3) (d) After the end of the application period described under par.
12(am), upon receipt of the information under par. (c), the department shall determine
13the sum of all applicants for scholarships under this section. In determining the sum,
14the department shall count a child who has applied for more than one scholarship
15under this section only once. If the sum of all applicants exceeds the program cap,
16the department shall determine which applications to accept on a random basis,
17subject to the number of available spaces each eligible school specified in its notice
18under par. (a), except that the department shall give preference to the following in
19accepting applications for each eligible school, in the order of preference listed:
SB70-AA7,93,2120 1. Children who attended a different eligible school under a scholarship under
21this section during the previous school year.
SB70-AA7,93,2222 2. Siblings of pupils who are already attending the eligible school.
SB70-AA7,254 23Section 254. 115.7915 (3) (e) of the statutes is created to read:
SB70-AA7,94,224 115.7915 (3) (e) No later than 60 days after the end of the application period
25described under par. (am), the department shall notify each applicant and each

1eligible school, in writing, whether the application submitted to the eligible school
2has been accepted.
SB70-AA7,255 3Section 255. 115.7915 (3) (f) of the statutes is created to read:
SB70-AA7,94,64 115.7915 (3) (f) If the sum under par. (d) exceeds the program cap, the
5department shall establish a waiting list in accordance with the preferences required
6under par. (d).
SB70-AA7,256 7Section 256. 115.7915 (3) (g) of the statutes is created to read:
SB70-AA7,94,158 115.7915 (3) (g) The governing body of an eligible school that has accepted a
9child under par. (d) shall notify the department whenever the governing body
10determines that the child will not attend the eligible school under a scholarship
11under this section. If, upon receiving notice under this paragraph, the department
12determines that the number of children attending eligible schools under
13scholarships under this section falls below the program cap, the department shall fill
14any available slot with a child selected from the waiting list established under par.
15(f), if such a waiting list exists.
SB70-AA7,257 16Section 257. 118.60 (2) (a) (intro.) of the statutes is amended to read:
SB70-AA7,94,2217 118.60 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (bh), any pupil in grades
18kindergarten to 12 who resides within in an eligible school district may attend any
19private school under this section and, subject to pars. (ag), (ar), (be), (bh), (bm), and
20(bs), any pupil in grades kindergarten to 12 who resides in a school district, other
21than an eligible school district or a 1st class city school district, may attend any
22private school under this section if all of the following apply:
SB70-AA7,258 23Section 258. 118.60 (2) (a) 2. g. of the statutes is amended to read:
SB70-AA7,95,3
1118.60 (2) (a) 2. g. If the pupil resides in a school district, other than an eligible
2school district or
a 1st class city school district, the pupil was on a waiting list under
3sub. (3) (am) 4. or (ar) 4. in any previous school year.
SB70-AA7,259 4Section 259. 118.60 (2) (be) 3. of the statutes is amended to read:
SB70-AA7,95,75 118.60 (2) (be) 3. Beginning with the 2026-27 school year, there is no limit on
6the number of pupils who may attend private schools
the limits under this section
7paragraph do not apply.
SB70-AA7,260 8Section 260. 118.60 (2) (bh) of the statutes is created to read:
SB70-AA7,95,99 118.60 (2) (bh) 1. In this paragraph, “program cap” means any of the following:
SB70-AA7,95,1210 a. For an eligible school district, the total number of pupils residing in the
11eligible school district who attended a private school under this section in the
122023-24 school year.
SB70-AA7,95,1513 b. For all school districts, other than an eligible school district or a 1st class city
14school district, the total number of pupils residing in those school districts who
15attended a private school under this section in the 2023-24 school year.
SB70-AA7,95,1816 2. a. Beginning with the 2024-25 school year, the total number of pupils
17residing in an eligible school district who may attend a private school under this
18section during a school year may not exceed the program cap under subd. 1. a.
SB70-AA7,95,2219 b. Beginning with the 2024-25 school year, the total number of pupils residing
20in school districts, other than an eligible school district or a 1st class city school
21district, who may attend a private school under this section during a school year may
22not exceed the program cap under subd. 1. b.
SB70-AA7,261 23Section 261. 118.60 (3) (a) (intro.) of the statutes is amended to read:
SB70-AA7,96,1224 118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit
25an application, on a form provided by the state superintendent, to the participating

1private school that the pupil wishes to attend. If more than one pupil from the same
2family applies to attend the same private school, the pupils may use a single
3application. No later than 60 days after the end of the application period during
4which an application is received and subject to par. pars. (am) and (ar), the private
5school shall notify each applicant, in writing, whether his or her application has been
6accepted. If the private school rejects an application, the notice shall include the
7reason. Subject to par. pars. (am) and (ar), a private school may reject an applicant
8only if it the private school has reached its maximum general capacity or seating
9capacity. Except as provided in par. pars. (am) and (ar), the state superintendent
10shall ensure that the private school determines which pupils to accept on a random
11basis, except that the private school may give preference to the following in accepting
12applications, in the order of preference listed:
SB70-AA7,262 13Section 262. 118.60 (3) (am) of the statutes is created to read:
SB70-AA7,96,1514 118.60 (3) (am) All of the following apply to applications to attend a private
15school under this section submitted by pupils who reside in an eligible school district:
SB70-AA7,96,2216 1. A private school that has submitted a notice of intent to participate under
17sub. (2) (a) 3. a. may accept applications for a school year during application periods
18determined by the department from pupils who reside in an eligible school district.
19For each school year, the department shall establish one or more application periods
20under this subdivision, the first of which begins no earlier than the first weekday in
21February of the school year before the applicable school year, and the last of which
22ends no later than September 14 of the applicable school year.
SB70-AA7,97,423 2. Each private school that received applications under subd. 1. shall report to
24the department the number of pupils who applied under subd. 1. to attend the private
25school under this section and the names of those applicants who have siblings who

1also applied under subd. 1. to attend the private school under this section. The
2private school shall submit the report no later than 10 days after each application
3period described under subd. 1. during which the private school received
4applications.
SB70-AA7,97,155 3. After the end of each application period described under subd. 1., upon
6receipt of the information under subd. 2., the department shall determine the sum
7of all applicants for pupils residing in an eligible school district. In determining the
8sum, the department shall count a pupil who has applied to attend more than one
9private school under the program under this section only once. If, after the end of
10an application period described under subd. 1., the sum of all applicants for pupils
11residing in an eligible school district exceeds the program cap under sub. (2) (bh) 2.
12a., the department shall determine which applications submitted during the
13application period to accept on a random basis, except that the department shall give
14preference to the applications of pupils described in par. (a) 1m. to 5., in the order of
15preference listed in that paragraph.
SB70-AA7,97,1816 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (bh) 2. a.,
17the department shall establish a waiting list in accordance with the preferences
18required under subd. 3.
SB70-AA7,98,219 5. A private school that has accepted a pupil who resides in an eligible school
20district under this paragraph shall notify the department whenever the private
21school determines that a pupil will not attend the private school under this
22paragraph. If, upon receiving notice under this subdivision, the department
23determines that the number of pupils attending private schools under this section
24falls below the program cap under sub. (2) (bh) 2. a., the department shall fill any

1available slot with a pupil selected from the waiting list established under subd. 4.,
2if such a waiting list exists.
SB70-AA7,263 3Section 263. 118.60 (3) (ar) (intro.) of the statutes is amended to read:
SB70-AA7,98,74 118.60 (3) (ar) (intro.) All of the following apply to applications to attend a
5private school under this section only if the limitation under sub. (2) (be) applies to
6the school year for which the application is made
submitted by pupils who reside in
7a school district, other than an eligible school district or a 1st class city school district
:
SB70-AA7,264 8Section 264. 118.60 (3) (ar) 3. of the statutes is renumbered 118.60 (3) (ar) 3.
9(intro.) and amended to read:
SB70-AA7,98,2110 118.60 (3) (ar) 3. (intro.) Annually After the end of the application period
11described under subd. 1.
, upon receipt of the information under subd. 2., the
12department shall, for each school district, determine the sum of all applicants for
13pupils residing in that school district under this paragraph and the sum of all
14applicants for pupils residing in all school districts, other than an eligible school
15district or a 1st class city school district
. In determining the sum those sums, the
16department shall count a pupil who has applied to attend more than one private
17school under the program only once. After determining the sum of all applicants for
18pupils residing in a school district,
those sums, if any of the following applies, the
19department shall determine which applications to accept on a random basis, except
20that the department shall give preference to the applications of pupils described in
21par. (a) 1m. to 5., in the order of preference listed in that paragraph .:
SB70-AA7,265 22Section 265. 118.60 (3) (ar) 3. a. and b. of the statutes are created to read:
SB70-AA7,98,2523 118.60 (3) (ar) 3. a. The sum of all applicants for pupils residing in a school
24district, other than an eligible school district or a 1st class city school district, exceeds
25the school district's pupil participation limit under sub. (2) (be).
SB70-AA7,99,3
1b. The sum of all applicants for pupils residing in all school districts, other than
2an eligible school district or a 1st class city school district, exceeds the program cap
3under sub. (2) (bh) 2. b.
SB70-AA7,266 4Section 266. 118.60 (3) (ar) 4. of the statutes is renumbered 118.60 (3) (ar) 4.
5(intro.) and amended to read:
SB70-AA7,99,106 118.60 (3) (ar) 4. (intro.) For each school district in which private schools
7received applications under subd. 1. that exceeded the school district's pupil
8participation limit under sub. (2) (be), the
The department shall establish a waiting
9list in accordance with the preferences required under subd. 3. for each of the
10following:
SB70-AA7,267 11Section 267. 118.60 (3) (ar) 4. a. and b. of the statutes are created to read:
SB70-AA7,99,1412 118.60 (3) (ar) 4. a. A school district, other than an eligible school district or a
131st class city school district, for which the sum described under subd. 3. a. exceeds
14the school district's pupil participation limit under sub. (2) (be).
SB70-AA7,99,1715 b. All school districts, other than an eligible school district or a 1st class city
16school district, if the sum described under subd. 3. b. exceeds the program cap under
17sub. (2) (bh) 2. b.
SB70-AA7,268 18Section 268. 118.60 (3) (ar) 5. of the statutes is amended to read:
SB70-AA7,99,2519 118.60 (3) (ar) 5. A private school that has accepted a pupil who resides in a
20school district, other than an eligible school district or a 1st class city school district,
21under this paragraph shall notify the department whenever the private school
22determines that a pupil will not attend the private school under this paragraph. If,
23upon receiving notice under this subdivision, the department determines that the
24number of pupils attending private schools under this section falls below a school
25district's pupil participation limit under sub. (2) (be), or below the program cap under

1sub. (2) (bh) 2. b.,
the department shall fill any available slot in that school district
2or program with a pupil selected from the school district's applicable waiting list
3established under subd. 4., if such a waiting list exists.
SB70-AA7,269 4Section 269. 118.60 (3) (b) of the statutes is amended to read:
SB70-AA7,100,155 118.60 (3) (b) If a participating private school rejects an applicant who resides
6within in an eligible school district because the private school has too few available
7spaces, the applicant may transfer his or her application to a participating private
8school that has space available. An applicant who is rejected under this paragraph
9or an applicant who is on the waiting list under par. (am) 4. may, subject to sub. (2)
10(bh) 2. a.,
be admitted to a private school participating in the program under this
11section for the following school year, provided that the applicant continues to reside
12within in an eligible school district. The department may not require, in that
13following school year, the private school to submit financial information regarding
14the applicant or to verify the eligibility of the applicant to participate in the program
15under this section on the basis of family income.
SB70-AA7,270 16Section 270. 118.60 (3) (c) of the statutes is amended to read:
SB70-AA7,101,417 118.60 (3) (c) If a participating private school rejects an applicant who resides
18in a school district, other than an eligible school district or a 1st class city school
19district, because the private school has too few available spaces, the applicant may
20transfer his or her application to a participating private school that has space
21available. An applicant who is rejected under this paragraph or an applicant who
22is on the a waiting list under par. (ar) 4. a. or b. may, subject to sub. (2) (be) and (bh)
232. b.
, be admitted to a private school participating in the program under this section
24for the following school year, provided that the applicant continues to reside in a
25school district, other than an eligible school district or a 1st class city school district.

1The department may not require, in that following school year, the private school to
2submit financial information regarding the applicant or to verify the eligibility of the
3applicant to participate in the program under this section on the basis of family
4income.
SB70-AA7,271 5Section 271. 118.60 (4v) (b) of the statutes is amended to read:
SB70-AA7,101,116 118.60 (4v) (b) If the department considers a pupil as a resident of an eligible
7school district under par. (a) for a school year, the department shall ensure that the
8pupil is not counted for that school year for purposes of determining whether a school
9district has exceeded its pupil participation limit under sub. (2) (be) and that the
10pupil is not counted for that school year for purposes of determining whether a
11program cap under sub. (2) (bh) 2. a. or b. has been exceeded
.
SB70-AA7,272 12Section 272. 118.60 (4v) (c) of the statutes is created to read:
SB70-AA7,101,1613 118.60 (4v) (c) The department may consider a pupil enrolled in a private
14school participating in the program under this section who satisfies all of the
15following as a resident of a school district, other than an eligible school district or a
161st class city school district, who is enrolled in the private school under this section:
SB70-AA7,101,1817 1. The pupil was a resident of an eligible school district when the pupil applied
18to participate in the program under this section.
SB70-AA7,101,2019 2. The pupil accepted a space at a private school participating in the program
20under this section as a resident of an eligible school district.
SB70-AA7,101,2221 3. The pupil resides in a school district, other than an eligible school district
22or a 1st class city school district, on the 3rd Friday in September.
SB70-AA7,101,2523 4. The private school the pupil is attending under this section accepts
24applications under this section from pupils who reside in school districts, other than
25an eligible school district or a 1st class city school district.
SB70-AA7,273
1Section 273. 118.60 (4v) (d) of the statutes is created to read:
SB70-AA7,102,82 118.60 (4v) (d) If the department considers a pupil as a resident of a school
3district, other than an eligible school district or a 1st class city school district, under
4par. (c) for a school year, the department shall ensure that the pupil is not counted
5for that school year for purposes of determining whether the school district has
6exceeded its pupil participation limit under sub. (2) (be) and that the pupil is not
7counted for that school year for purposes of determining whether a program cap
8under sub. (2) (bh) 2. a. or b. has been exceeded.
SB70-AA7,274 9Section 274. 119.23 (2) (a) (intro.) of the statutes is amended to read:
SB70-AA7,102,1210 119.23 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (b), any pupil in grades
11kindergarten to 12 who resides within the city may attend any private school if all
12of the following apply:
SB70-AA7,275 13Section 275. 119.23 (2) (b) of the statutes is created to read:
SB70-AA7,102,1614 119.23 (2) (b) 1. In this paragraph, “program cap” means the total number of
15pupils residing in the city who attended a private school under this section in the
162023-24 school year.
SB70-AA7,102,1917 2. Beginning with the 2024-25 school year, the total number of pupils residing
18in the city who may attend a private school under this section during a school year
19may not exceed the program cap.
SB70-AA7,276 20Section 276. 119.23 (3) (a) (intro.) of the statutes is amended to read:
SB70-AA7,103,921 119.23 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit
22an application, on a form provided by the state superintendent, to the participating
23private school that the pupil wishes to attend. If more than one pupil from the same
24family applies to attend the same private school, the pupils may use a single
25application. No later than 60 days after the end of the application period during

1which an application is received and subject to par. (ar), the private school shall
2notify each applicant, in writing, whether his or her application has been accepted.
3If the private school rejects an application, the notice shall include the reason. A
4Subject to par. (ar), a private school may reject an applicant only if it the private
5school
has reached its maximum general capacity or seating capacity. The Except
6as provided in par. (ar), the
state superintendent shall ensure that the private school
7determines which pupils to accept on a random basis, except that the private school
8may give preference to the following in accepting applications, in order of preference
9listed:
SB70-AA7,277 10Section 277. 119.23 (3) (ar) of the statutes is created to read:
SB70-AA7,103,1211 119.23 (3) (ar) All of the following apply to applications to attend a private
12school under this section submitted by pupils who reside in the city:
SB70-AA7,103,1913 1. A private school that has submitted a notice of intent to participate under
14sub. (2) (a) 3. may accept applications for a school year during application periods
15determined by the department from pupils who reside in the city. For each school
16year, the department shall establish one or more application periods under this
17subdivision, the first of which begins no later than the first weekday in February of
18the school year before the applicable school year, and the last of which ends no later
19than September 14 of the applicable school year.
SB70-AA7,104,220 2. Each private school that received applications under subd. 1. shall report to
21the department the number of pupils who applied under subd. 1. to attend the private
22school under this section and the names of those applicants who have siblings who
23also applied under subd. 1. to attend the private school under this section. The
24private school shall submit the report no later than 10 days after each application

1period described under subd. 1. during which the private school received
2applications.
SB70-AA7,104,133 3. After the end of each application period described under subd. 1., upon
4receipt of the information under subd. 2., the department shall determine the sum
5of all applicants for pupils residing in the city. In determining the sum, the
6department shall count a pupil who has applied to attend more than one private
7school under the program under this section only once. If, after the end of an
8application period described under subd. 1., the sum of all applicants for pupils
9residing in the city exceeds the program cap under sub. (2) (b), the department shall
10determine which applications submitted during the application period to accept on
11a random basis, except that the department shall give preference to the applications
12of pupils described in par. (a) 1. to 5., in the order of preference listed in that
13paragraph.
SB70-AA7,104,1614 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (b), the
15department shall establish a waiting list in accordance with the preferences required
16under subd. 3.
SB70-AA7,104,2317 5. A private school that has accepted a pupil who resides in the city under this
18paragraph shall notify the department whenever the private school determines that
19a pupil will not attend the private school under this paragraph. If, upon receiving
20notice under this subdivision, the department determines that the number of pupils
21attending private schools under this section falls below the program cap under sub.
22(2) (b), the department shall fill any available slot with a pupil selected from the
23waiting list established under subd. 4., if such a waiting list exists.
SB70-AA7,278 24Section 278. 119.23 (3) (b) of the statutes is amended to read:
SB70-AA7,105,10
1119.23 (3) (b) If the private school rejects an applicant because it the private
2school
has too few available spaces, the applicant may transfer his or her application
3to a participating private school that has space available. An applicant who is
4rejected under this paragraph or an applicant who is on the waiting list under par.
5(ar) 4.
may, subject to sub. (2) (b), be admitted to a private school participating in the
6program under this section for the following school year, provided that the applicant
7continues to reside within in the city. The department may not require, in that
8following school year, the private school to submit financial information regarding
9the applicant or to verify the eligibility of the applicant to participate in the program
10under this section on the basis of family income.
SB70-AA7,279 11Section 279. 119.23 (4v) (b) of the statutes is amended to read:
SB70-AA7,105,1712 119.23 (4v) (b) If the department considers a pupil as a resident of the city
13under par. (a) for a school year, the department shall ensure that the pupil is not
14counted for that school year for purposes of determining whether a school district has
15exceeded its pupil participation limit under s. 118.60 (2) (be) and that the pupil is not
16counted for that school year for purposes of determining whether a program cap
17under sub. (2) (b) or s. 118.60 (2) (bh) 2. a. or b. has been exceeded
.
SB70-AA7,280 18Section 280. 119.23 (4v) (c) of the statutes is created to read:
SB70-AA7,105,2219 119.23 (4v) (c) The department may consider a pupil enrolled in a private
20school participating in the program under this section who satisfies all of the
21following as a resident of a school district, other than a 1st class city school district,
22who is enrolled in the private school under this section:
SB70-AA7,105,2423 1. The pupil was a resident of the city when the pupil applied to participate in
24the program under this section.
SB70-AA7,106,2
12. The pupil accepted a space at a private school participating in the program
2under this section as a resident of the city.
SB70-AA7,106,43 3. The pupil resides in a school district, other than a 1st class city school
4district, on the 3rd Friday in September.
SB70-AA7,106,65 4. The private school at which the pupil accepted a space under this section is
6participating in the program under s. 118.60.
SB70-AA7,281 7Section 281. 119.23 (4v) (d) of the statutes is created to read:
SB70-AA7,106,128 119.23 (4v) (d) If the department considers a pupil as a resident of an eligible
9school district, as defined in s. 118.60 (1) (am), under par. (c) for a school year, the
10department shall ensure that the pupil is not counted for that school year for
11purposes of determining whether a program cap under sub. (2) (b) or s. 118.60 (2) (bh)
122. a. has been exceeded.
SB70-AA7,282 13Section 282. 119.23 (4v) (e) of the statutes is created to read:
SB70-AA7,106,2014 119.23 (4v) (e) If the department considers a pupil as a resident of a school
15district, other than an eligible school district, as defined in s. 118.60 (1) (am), or a 1st
16class city school district, under par. (c) for a school year, the department shall ensure
17that the pupil is not counted for that school year for purposes of determining whether
18the school district has exceeded its pupil participation limit under s. 118.60 (2) (be)
19and that the pupil is not counted for that school year for purposes of determining
20whether a program cap under sub. (2) (b) or s. 118.60 (2) (bh) 2. b. has been exceeded.
SB70-AA7,9334 21Section 9334. Initial applicability; Public Instruction.
SB70-AA7,107,222 (1) Parental choice programs; program caps. The treatment of ss. 118.60 (3)
23(am) and (ar) (intro.) and 5. and 119.23 (3) (ar), the renumbering and amendment of
24s. 118.60 (3) (ar) 3. and 4., and the creation of s. 118.60 (3) (ar) 3. a. and b. and 4. a.

1and b. first apply to an application to attend a private school under s. 118.60 or 119.23
2in the 2024-25 school year.
SB70-AA7,107,63 (2) Special Needs Scholarship Program; program cap. The treatment of s.
4115.7915 (2) (f) and (g) and (3) (a), (am), (b), (bm), (c), (d), (e), (f), and (g) first applies
5to an application for a scholarship to attend an eligible school under s. 115.7915 in
6the 2024-25 school year.
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