AB1042: Bill Text

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.

AB1042,189 Section 189. 118.71 of the statutes is created to read:

AB1042,,529 118.71 Pupil reenrollment. (1) Definitions. In this section:

AB1042,,530 (a) “Continuing pupil” means a pupil who meets all of the following criteria:

AB1042,,531 1. The pupil was included as a choice program pupil in the participating private school’s January pupil count report for the current school year and subsequently has not been determined ineligible to participate in the choice program.

AB1042,,532 2. The pupil is not in the highest grade that will be offered by the participating private school in the following school year.

AB1042,,533 3. The pupil will not be 21 years of age by September 1 of the following school year.

AB1042,,534 4. The pupil resides in this state.

AB1042,,535 (b) “Reenrollment acceptance deadline” means the 10th day after the 4th Friday in January of the current school year.

AB1042,,536 (c) “Reenrollment notification period” means the period beginning on the date the participating private school submits the January pupil count report for the current school year or the 4th Friday in January of the current school year, whichever is earlier, and ending on the 4th day after the 4th Friday in January.

AB1042,,537 (2) Reenrollment notification process. In the 2025-26 school year and each school year thereafter, during the reenrollment notification period, a participating private school shall do all of the following:

AB1042,,538 (a) If the number of choice program seats the participating private school has available in a grade for the following school year is less than the number of continuing pupils attending the participating private school who will be in that grade in the following school year, the participating private school shall do all of the following for the grade:

AB1042,,539 1. Determine which continuing pupils receive a choice program seat for the following school year on a random basis.

AB1042,,540 2. Notify the parent of each continuing pupil who does not receive a choice program seat under subd. 1. that the continuing pupil is on the choice program waiting list established under s. 118.72 (3) (d) for the following school year.

AB1042,,541 3. Notify the parent of each continuing pupil who was selected to receive a choice program seat under subd. 1. that the continuing pupil has a choice program seat at the participating private school for the following school year. The notice under this subdivision shall include the reenrollment acceptance deadline and, if the participating private school elects to proceed under sub. (3) (b), a statement that, if the participating private school does not receive a written or verbal acceptance from the continuing pupil’s parent by the reenrollment acceptance deadline, the choice program seat offered to the continuing pupil under the reenrollment process will be revoked.

AB1042,,542 (b) If the number of choice program seats a participating private school has available in a grade is at least the number of continuing pupils attending the participating private school who will be in that grade in the following school year, the participating private school shall notify the parent of each continuing pupil who will be in the grade in the following school year that the continuing pupil has a choice program seat at the participating private school for the following school year. The notice shall include the reenrollment acceptance deadline and, if the participating private school elects to proceed under sub. (3) (b), a statement that, if the participating private school does not receive a written or verbal acceptance from the continuing pupil’s parent by the reenrollment acceptance deadline, the choice program seat offered to the continuing pupil under the reenrollment process will be revoked.

AB1042,,543 (3) Reenrollment acceptance. If the parent of a continuing pupil who receives a choice program seat at a participating private school under sub. (2) does not provide the participating private school with a written or verbal acceptance of the choice program seat by the reenrollment acceptance deadline, the participating private school shall do one of the following for continuing pupils who have not accepted a choice program seat offered under sub. (2):

AB1042,,544 (a) Grant a choice program seat to all continuing pupils who were offered a choice program seat under sub. (2) unless a continuing pupil’s parent has notified the participating private school, in writing, that the continuing pupil will not attend the participating private school under the choice program in the following school year.

AB1042,,545 (b) By 2 days after the reenrollment acceptance deadline, in writing, notify each parent of a continuing pupil who was offered a choice program seat under sub. (2) and who did not provide the participating private school with a written or verbal acceptance of the choice program seat by the reenrollment acceptance deadline that the participating private school did not receive a written or verbal acceptance by the reenrollment acceptance deadline and that the choice program seat offered to the pupil under the reenrollment process has been revoked. The notice shall include a statement that the parent may complete an application for the continuing pupil during an open application period if the continuing pupil would like to attend the participating private school under the choice program in the following school year.

AB1042,190 Section 190. 118.72 (title) of the statutes is created to read:

AB1042,,547 118.72 (title) Pupil eligibility and application.

AB1042,191 Section 191. 118.72 (1) (b) of the statutes is created to read:

AB1042,,549 118.72 (1) (b) Wisconsin pupils. For a Wisconsin pupil, the pupil is a member of a family that has a total family income that does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

AB1042,192 Section 192. 118.72 (1) (c) of the statutes is created to read:

AB1042,,551 118.72 (1) (c) Prior year attendance. For a Racine pupil or a Wisconsin pupil, the pupil satisfies at least one of the following:

AB1042,,552 1. The pupil was enrolled in a public school in the previous school year.

AB1042,,553 2. The pupil was not enrolled in school in the previous school year.

AB1042,,554 3. The pupil attended a participating private school under the choice program in the previous school year.

AB1042,,555 4. The pupil was on a waiting list to attend a participating private school under the choice program during the previous school year.

AB1042,,556 5. The pupil is applying to attend kindergarten, first grade, or 9th grade at a participating private school.

AB1042,,557 6. The pupil attended a school in another state in the previous school year.

AB1042,,558 7. The pupil is a Wisconsin pupil who was on a waiting list under s. 118.60 (3) (ar), 2023 stats., in any previous school year.

AB1042,193 Section 193. 118.72 (2) of the statutes is created to read:

AB1042,,560 118.72 (2) Income requirement exclusions. The income requirement in sub. (1) (a) or (b), whichever is applicable to a pupil, does not apply to the pupil if any of the following applies:

AB1042,,561 (a) The pupil attended a participating private school under the choice program in the previous school year.

AB1042,,562 (b) For a pupil applying to participate in the choice program after the September count date, the pupil is a Milwaukee pupil who was included in the September pupil count report as participating in the choice program if the pupil is not subsequently determined ineligible for the choice program.

AB1042,,563 (c) The pupil was on a waiting list to attend a participating private school under the choice program during the previous school year.

AB1042,194 Section 194. 118.72 (3) (title) of the statutes is created to read:

AB1042,,565 118.72 (3) (title) Pupil applications.

AB1042,195 Section 195. 118.72 (3) (d) of the statutes is created to read:

AB1042,,567 118.72 (3) (d) Waiting list. If a participating private school selects pupils under par. (c) on a random basis, the participating private school shall do all of the following for each pupil who did not receive a choice program seat for the following school year:

AB1042,,568 1. Add the pupil to the choice program waiting list.

AB1042,,569 2. Notify the pupil’s parent, in writing, that the pupil has been placed on the choice program waiting list. The notification shall identify the pupil’s place on the waiting list.

AB1042,196 Section 196. 118.72 (4) of the statutes is created to read:

AB1042,,571 118.72 (4) Income verification. (a) Information provided by parent. 1. If a pupil is required to meet the income eligibility requirement under sub. (1) (a) or (b), the pupil’s parent shall provide all of the following information to the department as part of the application under sub. (3):

AB1042,,572 a. The names of the pupil’s parents who reside in the same household as the pupil.

AB1042,,573 b. If the application contains more than one parent, whether the parents on the application are married.

AB1042,,574 c. The names of all of the other members of the pupil’s family residing in the same household as the pupil.

AB1042,,575 d. Whether the parent would like the pupil’s income eligibility determination completed using the department of revenue income determination method under par. (d) or the department income determination method under par. (e).

AB1042,,576 2. During the open application period in which an application is received, a pupil’s parent may change the income eligibility determination method selection under subd. 1. d. if the pupil has not been determined ineligible under the income determination method previously selected.

AB1042,,577 (b) Social security number or federal tax identification number. If a pupil’s parent selects the department of revenue income determination method under par. (a) 1. d., the pupil’s parent or the participating private school shall provide the social security number or other state and federal tax identification number for each parent under par. (a) 1. a.

AB1042,,578 (c) Income adjustment for marriage. If the parents on the application are married, the pupil’s family income shall be reduced by $7,000 before the verification is made under this subsection.

AB1042,,579 (d) Department of revenue income determination method. 1. If a pupil’s parent selects the department of revenue income eligibility method under par. (a) 1. d., the department of revenue shall review the information submitted under this section and verify the eligibility or ineligibility of the pupil to participate in the choice program on the basis of family income. The determination under this paragraph shall be based on the family income for the following tax year:

AB1042,,580 a. The tax year preceding the school year for which family income is being verified.

AB1042,,581 b. If income for the tax year in subd. 1. a. is not available, the tax year 2 years prior to the school year for which family income is being verified.

AB1042,,582 2. The department of revenue shall notify the department of public instruction, the participating private school, and the pupil’s parent of its determination of whether the pupil is eligible for the choice program based on family income.

AB1042,,583 3. The department of revenue may take no other action on the basis of the information submitted under this subsection.

AB1042,,584 4. The department of public instruction may not request from a pupil’s family any additional information related to the pupil’s family income once the department of revenue has verified that the pupil is eligible to participate in the choice program on the basis of family income.

AB1042,,585 (e) Department income determination method. If a pupil’s parent selects the department of public instruction income verification method under par. (a) 1. d., the parent shall use the income verification procedure established by the department by rule. The determination under this paragraph shall be based on the family income for the tax year preceding the school year for which family income is being verified.

AB1042,197 Section 197. 118.73 (title) and (1) of the statutes are created to read:

AB1042,,587 118.73 (title) Private school registration. (1) Private school eligibility; intent to participate and annual fee. To be eligible to participate in the choice program in the following school year, a private school shall submit all of the following to the department:

AB1042,,588 (a) By 2 days before the 2nd Friday in January, a notice of intent to participate that includes all of the following:

AB1042,,589 1. An agreement to comply with procedural requirements.

AB1042,,590 2. The name and location of the accredited institution of higher education from which the administrator of the private school received at least a bachelor’s degree and the date the degree was received; the license number of the private school’s administrator’s teaching or administrator license issued by the department; or an indication that the administrator of the private school is excluded from this requirement under s. 118.81 (2) (b).

AB1042,,591 3. Each physical location at which the private school intends to operate.

AB1042,,592 4. The number of choice program seats the private school has available in the following school year for pupils attending the private school under the choice program.