AB1042: Bill Text

AB1042,167 Section 167. 118.60 (7) (c) of the statutes is renumbered 118.79 (4) and amended to read:

AB1042,,440 118.79 (4) Religious activity; pupil exemption. A participating private school may not require a pupil attending the participating private school under this section the choice program to participate in any religious activity if the pupil’s parent or guardian submits to the pupil’s teacher or the participating private school’s principal a written request that the pupil be exempt from such activities.

AB1042,168 Section 168. 118.60 (7) (d) (intro.) and 3. of the statutes are repealed.

AB1042,169 Section 169. 118.60 (7) (d) 1. a. of the statutes is renumbered 118.75 (1) and amended to read:

AB1042,,443 118.75 (1) Definition. In this subdivision section, “municipality” has the meaning given in s. 5.02 (11).

AB1042,170 Section 170. 118.60 (7) (d) 1. b. of the statutes is renumbered 118.75 (3) (a) and amended to read:

AB1042,,445 118.75 (3) (a) A copy of the participating private school’s current certificate of occupancy issued by the municipality within which the participating private school is located.

AB1042,,446 (4) New location; certificate. If the participating private school moves to a new location, the participating private school shall submit a copy of the new certificate of occupancy issued by the municipality within which the participating private school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a) September count date or the January count date, whichever occurs next.

AB1042,,447 (3) (b) If the municipality within which the participating private school is located does not issue certificates of occupancy, the private school may submit a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy or a letter or form from the municipality within which the participating private school is located that explains that the municipality does not issue certificates of occupancy.

AB1042,,448 (5) Temporary certificate. A temporary certificate of occupancy does not meet the requirement requirements of this subdivision. This subdivision applies only to a private school located in an eligible school district section.

AB1042,171 Section 171. 118.60 (7) (dr) of the statutes is renumbered 118.80 (9) (e) and amended to read:

AB1042,,450 118.80 (9) (e) A private school participating in the program under this section may elect to maintain an electronic copy of any application submitted on behalf of and any correspondence to or about a pupil attending the private school under this section the choice program instead of a paper copy of the application and correspondence. The private school shall maintain electronic copies of pupil applications and correspondence for a period of at least 5 years.

AB1042,172 Section 172. 118.60 (7) (e) of the statutes is renumbered 118.80 (7) and amended to read:

AB1042,,452 118.80 (7) Pupil assessments. Each participating private school participating in the program under this section shall administer the examinations required under s. 118.30 (1t) or examinations permitted under s. 118.301 (3) to pupils attending the participating private school under the choice program. The participating private school may administer additional standardized tests to such pupils.

AB1042,173 Section 173. 118.60 (7) (em) 1. and 2. of the statutes are renumbered 118.74 (4) (b) and (c) and amended to read:

AB1042,,454 118.74 (4) (b) The governing body of each Each participating private school participating in the program under this section shall, subject to subd. 2. par. (c), annually, by the first weekday in August 1 , provide the department with evidence demonstrating that the participating private school remains accredited for the current school year as required under par. (ad) (a). The governing body participating private school shall include as evidence of accreditation a notice prepared by an accrediting entity that confirms that the participating private school is accredited by that entity as of the date of the notice.

AB1042,,455 (c) The governing body A participating private school shall immediately notify the department if its accreditation status changes.

AB1042,174 Section 174. 118.60 (7) (g) of the statutes is renumbered 118.80 (5) and amended to read:

AB1042,,457 118.80 (5) Air quality requirements. (a) By the first day of the 3rd month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by weekday in October 1 of a private school’s first school year of participation in the choice program under this section, whichever is later, the participating private school shall provide for the development of a plan for maintaining indoor environmental quality in the participating private school. Participating private schools may use the model management plan and practices for maintaining indoor environmental quality developed under s. 118.075 (3) when developing a plan required under this paragraph.

AB1042,,458 (b) By the first day of the 12th month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by the beginning of the 2nd school year of participation in the choice program under this section, whichever is later, the, a participating private school shall implement a plan for maintaining indoor environmental quality in the participating private school.

AB1042,,459 (c) Each participating private school participating in the program under this section shall provide a copy of the plan implemented under subd. 2. par. (b) to any person upon request.

AB1042,175 Section 175. 118.60 (7) (h) of the statutes is renumbered 118.81 (4) and amended to read:

AB1042,,461 118.81 (4) Background checks. Beginning in the 2018-19 school year, each Each participating private school participating in the program under this section shall conduct criminal background investigations of its employees and exclude from employment any person not permitted to hold a teaching license as the result of an offense and any person who might reasonably be believed to pose a threat to the safety of others.

AB1042,176 Section 176. 118.60 (7m) (a) (intro.), 1. and 2., (b) and (c) of the statutes are renumbered 118.76 (1) (intro.), (a) (intro.) and (b), (2) and (3), and 118.76 (1) (intro.), (a) (intro.) and (b), (2) (a) (intro.) and 2. and (b) and (3), as renumbered, are amended to read:

AB1042,,463 118.76 (1) Surety bond or budget requirement. (intro.) By the first weekday in May 1 before the first school term that a private school participates in the choice program under this section or s. 119.23, a participating private school shall submit to the department one of the following:

AB1042,,464 (a) (intro.) A surety bond payable to the state in an amount equal to 25 percent of the total amount of payments the participating private school expects to receive under this section and s. 119.23 under the choice program during the first school year the private school participates in the program under this section. choice program. If a new private school selects this option to satisfy this subsection, the new private school shall provide an updated surety bond if all of the following apply:

AB1042,,465 (b) A complete anticipated budget, on a form provided by the department, for the first fiscal period of participation in the choice program under this section and evidence of financial viability, as prescribed by the department by rule. The participating private school shall include in the budget the anticipated enrollments for all pupils enrolled in the participating private school and for pupils enrolled in the participating private school under this section the choice program; estimated revenues and costs; a schedule of anticipated beginning and ending net choice program assets; and a schedule of monthly cash flow requirements. The participating private school shall include in the budget contingent funding sources the participating private school will use in the event that actual enrollments are less than expected.

AB1042,,466 (2) (a) (intro.) If a participating private school submits a surety bond under par. (a) 1. sub. (1) (a), the participating private school shall annually provide, by the first weekday in May 1 , a surety bond payable to the state until the participating private school submits all of the following to the department:

AB1042,,467 2. Evidence of sound fiscal and internal control practices under sub. (7) (am) 2m. b. s. 118.83 (5) for the school year in the financial audit submitted under subd. 1. a. and for the subsequent school year, neither of which indicates that does not contain evidence that the participating private school is not financially viable.

AB1042,,468 (b) A participating private school shall provide a surety bond under this paragraph subsection in an amount equal to 25 percent of the total amount of payments the private school expects to receive under this section and s. 119.23 the choice program during the following school year.

AB1042,,469 (3) Budget review; financial viability. If a private school submits a complete anticipated budget under par. (a) 2. sub. (1) (b), the department shall determine whether the private school is financially viable by the first weekday in August 1. If the department determines that the private school is not financially viable, the private school is not eligible to participate in the choice program under this section or s. 119.23 in the current school year.

AB1042,177 Section 177. 118.60 (9) of the statutes is renumbered 118.74 (6) and amended to read:

AB1042,,471 118.74 (6) Failure to meet private school requirements; notification. If any an accrediting or preaccrediting entity determines during the accrediting or preaccrediting process that a participating private school does not meet all of the requirements under s. 118.165 (1), it shall report that failure to the department.

AB1042,178 Section 178. 118.60 (9m) of the statutes is renumbered 118.80 (4) (intro.) and amended to read:

AB1042,,473 118.80 (4) Accountability report; posting. (intro.) Beginning in September 2016, and annually thereafter, the governing body of a private school participating in the program under this section that maintains an Internet site for the private school shall, if the private school is included in the most recent accountability report published under s. 115.385, Annually, within 30 days after the department publishes the accountability report, under s. 115.385, a participating private school shall prominently link on the home page of that Internet site to the pages in that the participating private school’s most recent accountability report concerning the private school. on the home page of the participating private school’s website if all of the following apply:

AB1042,179 Section 179. 118.60 (10) (a) (intro.), 1., 2., 3., 5., 6., 7. and 8. of the statutes are renumbered 118.85 (1) (intro.), (a), (b), (c), (d), (e), (f) and (g) and amended to read:

AB1042,,475 118.85 (1) Barred; current school year. (intro.) The state superintendent may issue an order barring a private school from participating in the choice program under this section in the current school year if the state superintendent determines that the private school has done any of the following:

AB1042,,476 (a) Intentionally or negligently misrepresented any information required under this section subchapter or any rule promulgated under this section subchapter.

AB1042,,477 (b) Failed to provide the notice or pay the fee required under sub. (2) (a) 3. s. 118.73 (1), or provide the information required under sub. (7) (am) or (d) s. 118.75 or 118.83, by the date or within the period specified.

AB1042,,478 (c) Failed to refund to the state any overpayment made under sub. (4) or (4m) the choice program by the date specified by department rule.

AB1042,,479 (d) Failed to provide the information required under sub. (6m) or (6p) s. 118.78.

AB1042,,480 (e) Failed to comply with the requirements under sub. (7) (b), (c), or (h) or (7m) s. 118.76, 118.79 (3) or (4), 118.80 (3), (6), or (9) (d), or 118.81 (3) or (4).

AB1042,,481 (f) Violated sub. (7) (b) 4., 5., or 6. s. 118.80 (9) (a), (b), or (c).

AB1042,,482 (g) Before the end of a 7-year period beginning on the date of an order issued by the state superintendent under this subsection section, s. 118.60, 2023 stats., or s. 119.23, 2023 stats., retained a disqualified person, for compensation or as a volunteer, as an owner, officer, director, trustee, administrator, person designated by the administrator to assist in processing pupil applications, or person responsible for administrative, financial, or pupil health and safety matters.

AB1042,180 Section 180. 118.60 (10) (am) of the statutes is renumbered 118.85 (2), and 118.85 (2) (intro.), (a), (c) and (d), as renumbered, are amended to read:

AB1042,,484 118.85 (2) Barred; following school year. (intro.) If the state superintendent determines that any of the following have occurred, he or she the state superintendent may issue an order barring the a private school from participating in the choice program under this section in the following school year:

AB1042,,485 (a) The private school has not complied with the requirements under sub. (7) (em) s. 118.74 (4).

AB1042,,486 (c) The private school has not achieved accreditation within the period allowed under sub. (2) (a) 7. s. 118.74 (2) (b).

AB1042,,487 (d) The private school intentionally or negligently misrepresented any information required under this section subchapter or any rule promulgated under this section subchapter.

AB1042,181 Section 181. 118.60 (10) (ar) of the statutes is renumbered 118.85 (3) and amended to read:

AB1042,,489 118.85 (3) (a) If the state superintendent determines that a participating private school has failed to continuously maintain accreditation as required under sub. (7) (ad) s. 118.74 (4), that the governing body of the participating private school has withdrawn the participating private school from the accreditation process, or that the participating private school’s accreditation has been revoked, denied, or terminated by an accrediting entity, the state superintendent shall issue an order barring the private school’s participation in the choice program under this section at the end of the current school year.

AB1042,,490 (b) A private school whose participation in the choice program under this section is barred under subd. 1. par. (a) may not participate in the choice program under this section or under s. 119.23 until the governing body of the private school demonstrates to the satisfaction of the department that it has obtained accreditation from an accrediting entity, provided the accreditation is from an entity other than the entity with which the private school failed to continuously maintain accreditation or, if the private school’s accreditation was revoked, denied, or terminated, other than the entity that revoked, denied, or terminated the private school’s accreditation.

AB1042,182 Section 182. 118.60 (10) (b) of the statutes is renumbered 118.85 (4) and amended to read:

AB1042,,492 118.85 (4) Health and safety of pupils. The state superintendent may issue an order immediately terminating a private school’s participation in the choice program under this section if he or she the state superintendent determines that conditions at the private school present an imminent threat to the health or safety of pupils.

AB1042,183 Section 183. 118.60 (10) (c) of the statutes is renumbered 118.85 (5) and amended to read:

AB1042,,494 118.85 (5) Parental notification. Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), he or she sub. (1), (2), (3), or (4), the state superintendent shall immediately notify the parent or guardian of each pupil attending the private school under this section the choice program.

AB1042,184 Section 184. 118.60 (10) (d) of the statutes is renumbered 118.85 (6) and amended to read:

AB1042,,496 118.85 (6) Withholding payments. The state superintendent may withhold payment from a participating private school under subs. (4) and (4m) s. 118.84 if the participating private school violates this section subchapter or s. 115.383 (3) (b).

AB1042,185 Section 185. 118.60 (11) of the statutes is renumbered 118.87 and amended to read:

AB1042,,498 118.87 Department; duties. The department shall do all of the following:

AB1042,,499 (1) Rules. Promulgate rules to implement and administer this section subchapter. The department may not by rule establish standards under sub. (7) (am) s. 118.83 or 118.84 (7) that exceed the standards established by the American Institute of Certified Public Accountants.

AB1042,,500 (2) Notification; choice program changes. Notify each participating private school participating in the program under this section of any proposed changes to the choice program or to administrative rules governing the choice program, including changes to application or filing deadlines but not including changes to provisions governing health or safety, prior to the beginning of the school year in which the change takes effect.

AB1042,,501 (3) Notification; receipt of accreditation status. Within 10 days after receiving the information submitted as required under sub. (7) (em) s. 118.74 (4) (b), notify the participating private school of receipt of accreditation status.

AB1042,,502 (4) Release of public data. When the department publicly releases data related to enrollment of, standardized test results for, applications submitted by, or waiting lists for pupils participating in or seeking to participate in the choice program under this section, release the data all at the same time, uniformly, and completely.

AB1042,186 Section 186. 118.60 (12) of the statutes is repealed.

AB1042,187 Section 187. Subchapter II (title) of chapter 118 [precedes 118.70] of the statutes is created to read:

AB1042,,505 CHAPTER 118

AB1042,,506 SUBCHAPTER II

AB1042,,507 PRIVATE SCHOOL CHOICE PROGRAM

AB1042,188 Section 188. 118.70 (3), (6), (7), (8), (9), (11), (12), (16), (17), (18) and (20) of the statutes are created to read:

AB1042,,509 118.70 (3) “Choice program” means any of the following:

AB1042,,510 (a) The program administered under this subchapter.

AB1042,,511 (b) The program administered under s. 118.60, 2023 stats., or s. 119.23, 2023 stats.

AB1042,,512 (6) “Family income” means the federal adjusted gross income of the parents of a pupil who reside in the same household as the pupil. “Family income” does not include money earned by a pupil in the work based learning program created under s. 118.56.

AB1042,,513 (7) “January count date” means the 2nd Friday in January or an alternative count date designated by the department under s. 118.87 (6).

AB1042,,514 (8) “January pupil count report” means a report submitted to the department that includes the number of pupils attending a participating private school under the choice program on the January count date.

AB1042,,515 (9) “Milwaukee pupil” means a pupil who resides in a 1st class city school district.

AB1042,,516 (11) (a) “Parent” means an individual who resides in the same household as a pupil and who is any of the following in relation to the pupil:

AB1042,,517 1. A biological parent.

AB1042,,518 2. A legal guardian.

AB1042,,519 3. An adoptive parent.

AB1042,,520 4. A stepparent.

AB1042,,521 (b) For purposes of par. (a), an individual listed in par. (a) 1. to 4. who is on active military duty is considered to reside in the same household as a pupil.

AB1042,,522 (c) If no individual meets the requirements under par. (a), “parent” means an individual who has the legal authority to make educational decisions for a pupil.

AB1042,,523 (12) “Participating private school” means a private school participating in the choice program.

AB1042,,524 (16) “Racine pupil” means a pupil who resides in the Racine Unified School District.

AB1042,,525 (17) “September count date” means the 3rd Friday in September or an alternative date designated by the department under s. 118.87 (6).

AB1042,,526 (18) “September pupil count report” means a report submitted to the department that includes the number of pupils attending a participating private school under the choice program on the September count date.

AB1042,,527 (20) “Wisconsin pupil” means a pupil who resides in this state but does not reside in a 1st class city school district or the Racine Unified School District.