AB1042: Bill Text

AB1042,206 Section 206. 118.76 (title) and (2) (title) of the statutes are created to read:

AB1042,,615 118.76 (title) First-time private school participant. (2) (title) Continuing surety bond requirement.

AB1042,207 Section 207. 118.76 (1) (a) 1. and 2. of the statutes are created to read:

AB1042,,617 118.76 (1) (a) 1. The total payments the new private school expects to receive on the basis of the intent to participate provided under s. 118.73 (1) exceeds the total expected choice program payments on the basis of the form provided under s. 118.77 (1) by at least $50,000.

AB1042,,618 2. The required surety bond based on the intent to participate provided under s. 118.73 (1) is more than $25,000.

AB1042,208 Section 208. 118.76 (4) of the statutes is created to read:

AB1042,,620 118.76 (4) Updated surety bond. (a) In this subsection, “September choice pupil count” means the number of pupils attending the participating private school under the choice program as reported in the September pupil count report.

AB1042,,621 (b) By the first weekday in November, a participating private school that provided a surety bond under sub. (1) (a) or (2) shall provide an updated surety bond if the total payment the participating private school expects to receive under the choice program on the basis of the September choice pupil count exceeds the total expected payment on the basis of the intent to participate provided by the participating private school under s. 118.73 (1) (a) by at least $50,000.

AB1042,,622 (c) Notwithstanding par. (b), if a new private school did not provide an updated surety bond under sub. (1) (a) for the first year it participated in the choice program, the new private school shall provide an updated surety bond for the bond provided under s. 118.77 (2) if all of the following apply:

AB1042,,623 1. The total payment the new private school expects to receive under the choice program on the basis of the September choice pupil count exceeds the total expected payment on the basis of the information provided under s. 118.77 (1) by at least $50,000.

AB1042,,624 2. The amount of the surety bond based on the September choice pupil count is more than $25,000.

AB1042,209 Section 209. 118.76 (5) of the statutes is created to read:

AB1042,,626 118.76 (5) Fiscal management training. By the first weekday in April before the school year in which a private school intends to first participate in the choice program, the administrator of the private school shall participate in a fiscal management training program approved by the department. If the private school hires a new administrator between the first weekday in April and the first weekday in August, the new administrator shall participate in a fiscal management training program approved by the department before assuming the responsibilities of administrator of the private school.

AB1042,210 Section 210. 118.76 (7) of the statutes is created to read:

AB1042,,628 118.76 (7) Student information system vendor. Beginning in the 2025-26 school year, by the first weekday in July of the first school year in which the participating private school intends to participate in the choice program, the participating private school shall provide to the department the name of the certified student information system vendor with which the participating private school has contracted for the first school year the participating private school participates in the choice program, as required under s. 115.383 (3) (b).

AB1042,211 Section 211. 118.77 (title) of the statutes is created to read:

AB1042,,630 118.77 (title) New private schools; initial participation requirements.

AB1042,212 Section 212. 118.77 (1) (b) of the statutes is created to read:

AB1042,,632 118.77 (1) (b) The name and location of the nationally or regionally accredited institution of higher education from which the new private school’s administrator received at least a bachelor’s degree and the date the degree was conferred; the number assigned to a teaching license or an administrator license issued to the new private school’s administrator by the department; or notice that the administrator is exempt from this requirement under s. 118.81 (2) (b).

AB1042,213 Section 213. 118.77 (1) (d) of the statutes is created to read:

AB1042,,634 118.77 (1) (d) The number of choice program seats the new private school intends to make available to pupils participating in the choice program in the first school year the new private school intends to participate in the choice program.

AB1042,214 Section 214. 118.77 (2) (b) to (e) of the statutes are created to read:

AB1042,,636 118.77 (2) (b) The information under s. 118.78 (1).

AB1042,,637 (c) A copy of the academic standards adopted by the governing body of the new private school under s. 118.79 (3).

AB1042,,638 (d) A signed statement from each individual who is a member of the governing body of the new private school verifying that the individual is a member of the governing body.

AB1042,,639 (e) Notwithstanding s. 118.74 (1), a letter from a preaccrediting entity that indicates that the new private school is preaccredited.

AB1042,215 Section 215. 118.78 (title) of the statutes is created to read:

AB1042,,641 118.78 (title) Required disclosures.

AB1042,216 Section 216. 118.78 (1) (intro.) of the statutes is created to read:

AB1042,,643 118.78 (1) Disclosures to applicants. (intro.) Each participating private school and each school that has submitted a notice of intent to participate in the choice program under s. 118.73 shall provide each pupil, or the parent of each minor pupil, who applies to attend the private school all of the following:

AB1042,217 Section 217. 118.79 (title) of the statutes is created to read:

AB1042,,645 118.79 (title) Instructional requirements and academic standards; participating private schools.

AB1042,218 Section 218. 118.79 (5) of the statutes is created to read:

AB1042,,647 118.79 (5) Virtual instruction. Beginning in the 2025-26 school year, if a participating private school offers virtual instruction to pupils, the participating private school shall ensure that a teacher is responsible for all of the following for each pupil receiving the virtual instruction:

AB1042,,648 (a) Improving learning by planned instruction.

AB1042,,649 (b) Diagnosing learning needs.

AB1042,,650 (c) Prescribing content delivery through class activities.

AB1042,,651 (d) Assessing learning.

AB1042,,652 (e) Reporting outcomes to administrators and parents.

AB1042,,653 (f) Evaluating the effects of instruction.

AB1042,219 Section 219. 118.80 (title) of the statutes is created to read:

AB1042,,655 118.80 (title) Participating private schools; general requirements.

AB1042,220 Section 220. 118.80 (4) (a) and (b) of the statutes are created to read:

AB1042,,657 118.80 (4) (a) The participating private school maintains a website for the participating private school.

AB1042,,658 (b) The participating private school is included in the most recent accountability report under s. 115.385.

AB1042,221 Section 221. 118.80 (9) (title) of the statutes is created to read:

AB1042,,660 118.80 (9) (title) Student records.

AB1042,222 Section 222. 118.80 (9) (d) 2. of the statutes is created to read:

AB1042,,662 118.80 (9) (d) 2. The private school shall send written notice to each pupil, or to the parent of a minor pupil, of the transfer of progress records under this paragraph.

AB1042,223 Section 223. 118.81 (title) of the statutes is created to read:

AB1042,,664 118.81 (title) School personnel requirements.

AB1042,224 Section 224. 118.81 (1) (title) of the statutes is created to read:

AB1042,,666 118.81 (1) (title) Teacher educational requirements.

AB1042,225 Section 225. 118.81 (1) (c) of the statutes is created to read:

AB1042,,668 118.81 (1) (c) An individual employed by a participating private school who holds a substitute teacher permit issued under s. 118.19 (7m) may teach at the participating private school as allowed under the substitute teacher permit.

AB1042,226 Section 226. 118.81 (2) (title) of the statutes is created to read:

AB1042,,670 118.81 (2) (title) Administrator educational requirements.

AB1042,227 Section 227. 118.82 (title) of the statutes is created to read:

AB1042,,672 118.82 (title) Tuition and fees.

AB1042,228 Section 228. 118.82 (4) (title) of the statutes is created to read:

AB1042,,674 118.82 (4) (title) Additional fees.

AB1042,229 Section 229. 118.83 (title) of the statutes is created to read:

AB1042,,676 118.83 (title) Financial requirements; participating private schools.

AB1042,230 Section 230. 118.83 (2) (title) of the statutes is created to read:

AB1042,,678 118.83 (2) (title) Financial audit.

AB1042,231 Section 231. 118.84 (title) of the statutes is created to read:

AB1042,,680 118.84 (title) Payments and state aid reductions.

AB1042,232 Section 232. 118.84 (1) of the statutes is created to read:

AB1042,,682 118.84 (1) Per pupil amount. (a) In the 2024-25 school year, upon receipt from the pupil’s parent of proof of the pupil’s enrollment in the participating private school during a school term, the state superintendent shall pay to the participating private school in which the pupil is enrolled on behalf of the pupil’s parent, from the appropriation under s. 20.255 (2) (fr), an amount of $10,237, if the pupil is enrolled in a grade from kindergarten to 8, or of $12,731, if the pupil is enrolled in a grade from 9 to 12.

AB1042,233 Section 233. 118.84 (2) (title) of the statutes is created to read:

AB1042,,684 118.84 (2) (title) Summer school payment.

AB1042,234 Section 234. 118.84 (4) (title) of the statutes is created to read:

AB1042,,686 118.84 (4) (title) State aid reduction.

AB1042,235 Section 235. 118.84 (4) (a) 1. of the statutes is created to read:

AB1042,,688 118.84 (4) (a) 1. The pupil is a Racine pupil or a Wisconsin pupil.

AB1042,236 Section 236. 118.84 (7) of the statutes is created to read:

AB1042,,690 118.84 (7) Enrollment attestation reports. Beginning in the 2025-26 school year, a participating private school shall engage an independent auditor to complete an enrollment attestation report for the September count date and for the January count date. An independent auditor completing an enrollment attestation report under this subsection shall comply with the attestation standards established by the American Institute of Certified Public Accountants. Each enrollment attestation report shall identify at least all of the following:

AB1042,,691 (a) Pupils who were not eligible for a payment under this section but for whom the participating private school received a payment under this section.

AB1042,,692 (b) Pupils who have incorrect data in the department’s database who are attending the participating private school under the choice program.

AB1042,,693 (c) Pupils attending the participating private school under the choice program for whom the participating private school did not receive a payment under this section.

AB1042,237 Section 237. 118.85 (title) and (3) (title) of the statutes are created to read:

AB1042,,695 118.85 (title) Penalties for private schools. (3) (title) Accreditation.

AB1042,238 Section 238. 118.87 (6) of the statutes is created to read:

AB1042,,697 118.87 (6) Alternative count date. If pupils enrolled in a participating private school will not be in attendance at the participating private school on the 3rd Friday in September or the 2nd Friday in January because of a regularly scheduled holiday or for a reason approved by the governing body of the participating private school, upon request from the participating private school, designate an alternative count date.

AB1042,239 Section 239. 119.23 of the statutes, as affected by 2023 Wisconsin Act .... (this act), is repealed.

AB1042,240 Section 240. 119.23 (2) (a) 3. of the statutes is amended to read:

AB1042,,700 119.23 (2) (a) 3. Except as provided in par. (ag) 1., the The private school notified the state superintendent of its intent to participate in the program under this section or in the program under s. 118.60, and paid the nonrefundable annual fee set by the department, by January 10 of the previous school year. The notice shall specify the number of pupils participating in the program under this section and in the program under s. 118.60 for which the school has space. The department shall by rule set the fee charged under this subdivision at an amount such that the total fee revenue covers the costs of employing one full-time auditor to evaluate the financial information submitted by private schools under subs. (7) (am) and (d) 3. and (7m) (a) 2. and under s. 118.60 (7) (am) and (d) 3. and (7m) (a) 2.

AB1042,241 Section 241. 119.23 (2) (ag) 1. (intro.) and a. of the statutes are consolidated, renumbered 119.23 (2) (ag) 1. and amended to read:

AB1042,,702 119.23 (2) (ag) 1. By the first weekday in August 1 of the school year immediately preceding the school year in which the new private school intends to participate in the program under this section, complete and submit to the department the following, on forms provided by the department: a. A , a notice of intent to participate and agreement to comply with procedural requirements. If, at the time the new private school submits the information required under this subdivision, the new private school does not have a physical property within which the private school intends to operate, submit a mailing address of an administrator of the private school.