AB1042: Bill Text

AB1042,,17 39.51 (4) (intro.) Following the school year in which a school district, charter school authorized under s. 118.40 (2r), or private school participating in a the private school choice program under s. 118.60 or 119.23 subch. II of ch.118 receives a grant under sub. (2), the school district, charter school, or private school shall submit to the board a report that includes all of the following information:

AB1042,8 Section 8. 48.78 (2) (L) of the statutes is repealed.

AB1042,9 Section 9. 49.32 (6m) of the statutes is repealed.

AB1042,10 Section 10. 49.83 of the statutes is amended to read:

AB1042,,21 49.83 Limitation on giving information. Except as provided under ss. 49.25 and 49.32 (6m), (9), (10), and (10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social services, child and spousal support and establishment of paternity and medical support liability services under s. 49.22, or supplemental payments under s. 49.77 for any purpose not connected with the administration of the programs, except that the departments of children and families and health services may disclose, including by transmitting or granting access to electronic data, such information, including social security numbers, to the department of revenue for the sole purposes of administering state taxes, including verifying refundable individual income tax credits, and collecting debts owed to the department of revenue. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB1042,11 Section 11. 69.20 (3) (h) of the statutes is repealed.

AB1042,12 Section 12. 103.005 (14m) of the statutes is repealed.

AB1042,13 Section 13. 115.001 (3t) of the statutes is created to read:

AB1042,,25 115.001 (3t) Private school choice program. “Private school choice program” has the meaning given for “choice program” in s. 118.70 (3).

AB1042,14 Section 14. 115.28 (54m) of the statutes is amended to read:

AB1042,,27 115.28 (54m) Notice of educational options. Include on the home page of the department’s Internet site website a link to information about all of the educational options available to children in the state who are at least 3 years old but not yet 18 years old, including public schools, private schools participating in a parental the private school choice program, charter schools, virtual schools, full-time or part-time open enrollment in a nonresident school district, the early college credit program, and options for pupils enrolled in a home-based private educational program.

AB1042,15 Section 15. 115.364 (1) (am) of the statutes is amended to read:

AB1042,,29 115.364 (1) (am) “Eligible private school” means a private school participating in a parental the private school choice program under s. 118.60 or 119.23 that increased the amount it expended in the preceding school year to employ, hire, or retain social workers over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers.

AB1042,16 Section 16. 115.383 (1) (c) of the statutes is amended to read:

AB1042,,31 115.383 (1) (c) If the proposal is approved under par. (b), the state superintendent shall ensure that information about pupils enrolled in charter schools and about pupils enrolled in private schools participating in a parental the private school choice program under s. 118.60 or 119.23, including their academic performance and demographic information, aggregated by school district, school, and teacher, is collected and maintained in the student information system.

AB1042,17 Section 17. 115.383 (2) (intro.) of the statutes is amended to read:

AB1042,,33 115.383 (2) (intro.) If the student information system is established under sub. (1), each school district, charter school, and private school using the system under sub. (1) shall include in the system the following information for each teacher teaching in the school district or school who completed a teacher education program described in s. 115.28 (7) (a) or (e) 2. and located in this state on or after January 1, 2012, or, for each teacher teaching in a private school participating in a parental the private school choice program under s. 118.60 or 119.23, who obtained a bachelor’s degree from an institution located in this state on or after July 1, 2010:

AB1042,18 Section 18. 115.383 (3) (b) of the statutes is amended to read:

AB1042,,35 115.383 (3) (b) Beginning in the 2015-16 school year, the The state superintendent shall ensure that every charter school established under s. 118.40 (2r) or (2x) and every private school participating in a parental the private school choice program under s. 118.60 or 119.23 is either using the system under sub. (1) or is using a system that is commercially available and able to obtain pupil identification numbers under sub. (5).

AB1042,19 Section 19. 115.383 (4) of the statutes is amended to read:

AB1042,,37 115.383 (4) A private school participating in a parental the private school choice program under s. 118.60 or 119.23 is not required to include information about pupils who are not attending the private school under s. 118.60 or 119.23 the private school choice program in the system it is using under sub. (3).

AB1042,20 Section 20. 115.383 (5) of the statutes is amended to read:

AB1042,,39 115.383 (5) The state superintendent shall assign to each pupil attending a public school or charter school, and to each pupil attending a private school under s. 118.60 or 119.23 the private school choice program, a unique identification number for use in the student information system. The state superintendent shall not assign to any pupil an identification number that is identical to or incorporates the pupil’s social security number or that uses any other personally identifying information.

AB1042,21 Section 21. 115.385 (2) of the statutes is amended to read:

AB1042,,41 115.385 (2) Beginning with the accountability report published for the 2015-16 school year, the The department shall include in its annual school accountability report under sub. (1) charter schools established under s. 118.40 (2r) or (2x) and private schools participating in a parental the private school choice program under s. 118.60 or 119.23. The department shall use the same criteria to measure the performance of all schools included in the annual school accountability report.

AB1042,22 Section 22. 115.385 (3) (intro.) of the statutes is amended to read:

AB1042,,43 115.385 (3) (intro.) On an accountability report published for a private school participating in a the private school choice program under s. 118.60 or 119.23, the department shall specify the percentage of pupils attending the private school under the private school choice program and comply with one of the following:

AB1042,23 Section 23. 115.385 (3) (b) of the statutes is amended to read:

AB1042,,45 115.385 (3) (b) For a private school that submits achievement data for those pupils attending the private school under s. 118.60 or 119.23 the private school choice program and achievement data for all other pupils attending the private school, assign to the private school a performance category derived from data about pupils attending the school under s. 118.60 or 119.23 the private school choice program and identify the performance category as the choice pupil performance category. The department shall also assign a 2nd performance category, derived from data about all pupils attending the private school including pupils attending the private school under s. 118.60 or 119.23 the private school choice program, as the private school performance category.

AB1042,24 Section 24. 115.385 (4) of the statutes is amended to read:

AB1042,,47 115.385 (4) Annually, each public school, including a charter school, and each private school participating in a parental the private school choice program under s. 118.60 or 119.23 shall provide a copy of the school’s accountability report to the parent or guardian of each pupil enrolled in or attending the school. Each school shall simultaneously provide to the parent or guardian of each pupil enrolled in the school a list of the educational options available to children who reside in the pupil’s resident school district, including public schools, private schools participating in a parental the private school choice program, charter schools, virtual schools, full-time or part-time open enrollment in a nonresident school district, the youth apprenticeship program under s. 106.13, the early college credit program, and options for pupils enrolled in a home-based private educational program. A school that does not operate high school grades is not required to include an educational option that is offered only to high school pupils in a list of educational options provided under this subsection.

AB1042,25 Section 25. 115.39 (1) (b) 2. of the statutes, as created by 2023 Wisconsin Act 20, is amended to read:

AB1042,,49 115.39 (1) (b) 2. A private school participating in a the private school choice program under s. 118.60 or 119.23.

AB1042,26 Section 26. 115.39 (3) (a) 2. b. of the statutes, as created by 2023 Wisconsin Act 20, is amended to read:

AB1042,,51 115.39 (3) (a) 2. b. From the eligible schools identified under subd. 1., the office shall select at least 2 eligible schools that are private schools participating in a the private school choice program under s. 118.60 or 119.23.

AB1042,27 Section 27. 115.7915 (1) of the statutes is repealed and recreated to read:

AB1042,,53 115.7915 (1) Definitions. In this section:

AB1042,,54 (a) “Accrediting entity” has the meaning given in s. 118.70 (1).

AB1042,,55 (b) “Administrator” means the superintendent, supervising principal, executive director, or other person who acts as the administrative head of a private school participating in the program under this section.

AB1042,,56 (c) “Disqualified accrediting organization” has the meaning given in s. 118.70 (4).

AB1042,,57 (d) “Eligible school” means a private school located in this state.

AB1042,,58 (e) “January count date” means the 2nd Friday in January or an alternative date designated by the department under sub. (4) (c).

AB1042,,59 (f) “Preaccreditation” has the meaning given in s. 118.70 (13).

AB1042,,60 (g) “Preaccrediting entity” has the meaning given in s. 118.70 (14).

AB1042,,61 (h) “Resident school board” means the school board of a resident school district.

AB1042,,62 (i) “Resident school district” means the school district in which a pupil resides.

AB1042,,63 (j) “September count date” means the 3rd Friday in September or an alternative date designated by the department under sub. (4) (c).

AB1042,,64 (k) “Services plan” has the meaning given in 34 CFR 300.37.

AB1042,,65 (L) “Teacher” has the meaning given in s. 118.70 (19).

AB1042,28 Section 28. 115.7915 (2) (c) of the statutes is repealed and recreated to read:

AB1042,,67 115.7915 (2) (c) The eligible school satisfies the requirements under sub. (2m).

AB1042,29 Section 29. 115.7915 (2) (i) of the statutes is created to read:

AB1042,,69 115.7915 (2) (i) The eligible school maintains at least one physical location in this state from which the eligible school is operated.

AB1042,30 Section 30. 115.7915 (2m) of the statutes is created to read:

AB1042,,71 115.7915 (2m) Accreditation. (a) Each private school that begins participation in the program under this section in a school year beginning on or after the effective date of this paragraph .... [LRB inserts date], and that is not accredited by an accrediting entity, shall obtain preaccreditation by a preaccrediting entity by the first weekday in August before the first school term in which the private school begins participation in the program under this section, or by the first weekday in May if the private school begins participation in the program during summer school. A private school to which this paragraph applies may apply for and seek to obtain preaccreditation from one preaccrediting entity each school year. A private school to which this paragraph applies that fails to obtain preaccreditation as required under this paragraph may not begin participation in the program under this section until preaccreditation has been obtained, but the private school may apply for and seek to obtain preaccreditation from a preaccrediting entity for a subsequent school year. The fact that a private school has obtained preaccreditation does not require an accrediting entity to accredit the private school.

AB1042,,72 (b) Each private school that begins participation in the program under this section in a school year beginning on or after the effective date of this paragraph .... [LRB inserts date], and that is not accredited by an accrediting entity by the first weekday in August before the first school term in which the private school begins participation in the program under this section shall do all of the following:

AB1042,,73 1. Apply for accreditation by an accrediting entity by the last weekday in December of the first school year in which the private school begins participation in the program under this section.

AB1042,,74 2. Achieve accreditation by an accrediting entity by the first weekday in December of the 3rd school year following the first school year in which the private school begins participation in the program under this section.

AB1042,,75 (c) 1. If a private school that is participating in the program under this section and that is accredited to offer instruction in any elementary grade, but not any high school grade, seeks to offer instruction in any high school grade, the private school shall do all of the following:

AB1042,,76 a. Apply for accreditation of the high school grades by an accrediting entity by the last weekday in December of the first school year in which the private school offers instruction in a high school grade.

AB1042,,77 b. Achieve accreditation for the high school grades by the first weekday in December of the 3rd school year following the first school year in which the private school provides instruction in a high school grade.

AB1042,,78 2. If a private school that is participating in the program under this section and that is accredited to offer instruction in any high school grade, but not any elementary grade, seeks to offer instruction in any elementary grade, the private school shall do all of the following:

AB1042,,79 a. Apply for accreditation of the elementary grades by an accrediting entity by the last weekday in December of the first school year in which the private school offers instruction in an elementary grade.

AB1042,,80 b. Achieve accreditation for the elementary grades by the first weekday in December of the 3rd school year following the first school year in which the private school provides instruction in an elementary grade.

AB1042,,81 (d) 1. The governing body of a private school participating in the program under this section, except for a private school obtaining accreditation as allowed under par. (c), shall ensure that the private school continuously maintains accreditation from an accrediting entity as long as the private school continues to participate in the program under this section.

AB1042,,82 2. The governing body of a private school participating in the program under this section shall, subject to subd. 3., annually, by the first weekday in August, provide the department with evidence demonstrating that the private school remains accredited for the current school year as required under this subsection. The governing body of the private school shall include as evidence of accreditation a notice prepared by an accrediting entity that confirms that the private school is accredited by that entity as of the date of the notice.

AB1042,,83 3. The governing body of a private school participating in the program under this section shall immediately notify the department if its accreditation status changes.

AB1042,,84 (e) If a private school participating in the program under this section learns that an accrediting entity with which the private school is maintaining accreditation, as required under this subsection, is a disqualified accrediting organization, the private school shall immediately notify the department in writing of this fact and shall obtain accreditation from an accrediting entity no later than 3 years from the date on which the private school learned that the accrediting entity is a disqualified accrediting organization.

AB1042,,85 (f) If any accrediting or preaccrediting entity determines during the accrediting or preaccrediting process that a private school does not meet all of the requirements under s. 118.165 (1), it shall report that failure to the department.

AB1042,,86 (g) Notwithstanding pars. (a), (b), and (d), a private school that was a first-time participant in the program under this section before the effective date of this paragraph .... [LRB inserts date], and that qualified to participate in the program under this section as a private school approved under s. 118.165 (2), 2023 stats., is not required to meet the requirements under this subsection unless the private school adds a grade or changes its curriculum. If the private school adds a grade or changes curriculum in the 2025-26 school year or any school year thereafter, the private school shall achieve accreditation by an accrediting entity by December 15 of the 3rd school year following the school year in which the private school adds a grade or changes its curriculum.

AB1042,,87 (h) Notwithstanding par. (c), a private school that participated in the program under this section in the 2024-25 school year, and for purposes of participating in that school year satisfied the requirement under s. 115.7915 (2) (c), 2023 stats., as an accredited private school, as required under s. 115.7915 (2) (c), 2023 stats., but was not accredited for each grade at which the private school offered instruction during the 2024-25 school year, shall do all of the following:

AB1042,,88 1. Apply for accreditation of all grades offered by the private school by an accrediting entity by December 31, 2025.

AB1042,,89 2. Achieve accreditation of all grades offered by the private school by December 1, 2028.

AB1042,31 Section 31. 115.7915 (4) (c) of the statutes is created to read:

AB1042,,91 115.7915 (4) (c) If pupils enrolled in a private school participating in the program under this section or receiving a payment under sub. (4m) will not be in attendance at the 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 private school, upon request from the private school, the department shall designate an alternative count date for the private school.

AB1042,32 Section 32. 115.7915 (4m) (e) 2. of the statutes is amended to read:

AB1042,,93 115.7915 (4m) (e) 2. If a child who has been determined to be ineligible under subd. 1. continues to attend the private school he or she attended under a scholarship awarded under par. (a), for each school year the child attends the private school beginning with the school year following the determination under subd. 1., the department shall pay, from the appropriation under s. 20.255 (2) (az), to the private school, on behalf of the child’s parent or guardian, an amount equal to the appropriate per pupil amount paid to a private school participating in a parental the private school choice program under s. 118.60 or 119.23 in that school year. The department shall make scholarship payments under this paragraph in accordance with the payment schedule specified in s. 119.23 (4) (c) par. (b).

AB1042,33 Section 33. 115.7915 (4m) (g) of the statutes is created to read:

AB1042,,95 115.7915 (4m) (g) Beginning in the 2025-26 school year, a private school participating in the program under this section 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 paragraph 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,,96 1. Pupils who were not eligible for a payment under this section but for whom the private school received a payment under this section.

AB1042,,97 2. Pupils who have incorrect data in the department’s database who are attending the private school under the program under this section.

AB1042,,98 3. Pupils attending the private school participating in the program under the section for whom the private school did not receive a payment under this section.

AB1042,34 Section 34. 115.7915 (6) (e) of the statutes is amended to read:

AB1042,,100 115.7915 (6) (e) Annually, by the last weekday in October 15 following a school year in which a private school participated in the program under this section, submit to the department an independent financial audit of the private school conducted by an independent certified public accountant, accompanied by the auditor’s statement that the report is free of material misstatements and fairly presents the private school’s eligible education expenses, and beginning in the 2nd school year a private school participates in the program under this section, a copy of a management letter prepared by the auditor. If the private school annually received a total of at least $100,000 under this section and ss. 118.60 and 119.23 the private school choice program in any school year, the audit shall be prepared in accordance with generally accepted accounting principles with allowable modifications for long-term fixed assets. If the private school has not annually received a total of at least $100,000 under this section and ss. 118.60 and 119.23 the private school choice program in any school year, the audit shall be prepared as prescribed by the department by rule. The audit shall include a calculation of the private school’s net eligible education expenses and a calculation of the balance of the private school’s fund for future eligible education expenses. The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants. If a private school participating in a the program under this section is part of an organization and the private school and the organization share assets, liabilities, or eligible education expenses, the private school may submit an audit of the private school or of the organization of which it is a part. If a private school that is part of an organization with which it shares assets, liabilities, or eligible education expenses submits an audit of only the private school, the independent auditor shall use his or her professional judgment to allocate any shared assets, liabilities, and eligible education expenses between the organization and the private school. If a private school participating in the program under this section also accepts pupils under s. 118.60 or 119.23 the private school choice program, the private school may submit one comprehensive financial audit to satisfy the requirements of this paragraph and ss. 118.60 (7) (am) 2m. and 119.23 (7) (am) 2m., whichever are applicable the private school choice program. The private school shall include in the comprehensive financial audit the information specified under ss. 118.60 (7) (am) 2m. and 119.23 (7) (am) 2m. s. 118.83 (2). Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department.

AB1042,35 Section 35. 115.7915 (6) (em) of the statutes is created to read:

AB1042,,102 115.7915 (6) (em) Beginning in the 2025-26 school year, if the private school participates in the private school choice program, received at least $50,000 in scholarships under this section in any previous school year, or expects to receive $50,000 in scholarships under this section during a school year, submit to the department evidence of sound fiscal and internal control practices as prescribed by the department by rule by the last weekday in October following the school year in which the private school participated in the program under this section. An independent auditor engaged to evaluate the private school’s fiscal and internal control practices shall conduct the evaluation, including determining sample sizes, in accordance with attestation standards established by the American Institute of Certified Public Accountants.

AB1042,36 Section 36. 115.7915 (6) (i) of the statutes is amended to read:

AB1042,,104 115.7915 (6) (i) Regularly report to the parent of a child attending the private school and receiving a scholarship under this section, except for the parent of a child who has been determined to no longer have a disability, on the child’s progress.

AB1042,37 Section 37. 115.7915 (6) (k) of the statutes is amended to read: