AB43: Bill Text

AB43,2144 Section 2144. 118.2925 (1) (b) of the statutes is repealed.

AB43,2145 Section 2145. 118.2925 (3) of the statutes is amended to read:

AB43,,5750 118.2925 (3) Prescriptions for schools. A physician, an advanced practice registered nurse prescriber who may issue prescription orders under s. 441.09 (2), or a physician assistant may prescribe epinephrine auto-injectors or prefilled syringes in the name of a school that has adopted a plan under sub. (2) (a), to be maintained by the school for use under sub. (4).

AB43,2146 Section 2146. 118.2925 (4) (c) of the statutes is amended to read:

AB43,,5752 118.2925 (4) (c) Administer an epinephrine auto-injector or prefilled syringe to a pupil or other person who the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis in accordance with a standing protocol from a physician, an advanced practice registered nurse prescriber who may issue prescription orders under s. 441.09 (2), or a physician assistant, regardless of whether the pupil or other person has a prescription for an epinephrine auto-injector or prefilled syringe. If the pupil or other person does not have a prescription for an epinephrine auto-injector or prefilled syringe, or the person who administers the epinephrine auto-injector or prefilled syringe does not know whether the pupil or other person has a prescription for an epinephrine auto-injector or prefilled syringe, the person who administers the epinephrine auto-injector or prefilled syringe shall, as soon as practicable, report the administration by dialing the telephone number “911” or, in an area in which the telephone number “911” is not available, the telephone number for an emergency medical service provider.

AB43,2147 Section 2147. 118.2925 (5) of the statutes is amended to read:

AB43,,5754 118.2925 (5) Immunity from civil liability; exemption from practice of medicine. A school and its designated school personnel, and a physician, an advanced practice registered nurse prescriber who may issue prescription orders under s. 441.09 (2), or a physician assistant who provides a prescription or standing protocol for school epinephrine auto-injectors or prefilled syringes, are not liable for any injury that results from the administration or self-administration of an epinephrine auto-injector or prefilled syringe under this section, regardless of whether authorization was given by the pupil’s parent or guardian or by the pupil’s physician, physician assistant, or advanced practice registered nurse prescriber, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct. The immunity from liability provided under this subsection is in addition to and not in lieu of that provided under s. 895.48.

AB43,2148 Section 2148. 118.40 (2r) (b) 2. m. of the statutes is created to read:

AB43,,5756 118.40 (2r) (b) 2. m. If the contract is for the operation of a charter school that includes a grade from 9 to 12, a requirement that the charter school make available to pupils in grades 9 to 12 at least one computer science course that includes concepts in computer programming or coding.

AB43,2149 Section 2149. 118.40 (2r) (e) 2p. (intro.) of the statutes is amended to read:

AB43,,5758 118.40 (2r) (e) 2p. (intro.) In Beginning in the 2015-16 school year and in each ending in the 2022-23 school year thereafter, for a pupil attending a charter school established by or under a contract with an entity under par. (b) 1., from the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this paragraph in the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, if positive. The change in the statewide categorical aid per pupil shall be determined as follows:

AB43,2150 Section 2150. 118.40 (2r) (e) 2p. a. of the statutes is amended to read:

AB43,,5760 118.40 (2r) (e) 2p. a. Add the amounts appropriated in the current fiscal year under s. 20.255 (2), except s. 20.255 (2) (ac), (aw), (az), (bb) (db), (dj), (du), (fm), (fp), (fq), (fr), (fu), (k), and (m); and s. 20.505 (4) (es); and the amount, as determined by the secretary of administration, of the appropriation appropriations under s. 20.505 (4) (c) and (s) allocated for payments to telecommunications providers under contracts with school districts and cooperative educational service agencies under s. 16.971 (13).

****Note: This is reconciled s. 118.40 (2r) (e) 2p. a. This Section has been affected by drafts with the following LRB numbers: 1180/P1, 1213/P2, and 1226/P2.

AB43,2151 Section 2151. 118.40 (2r) (e) 2q. of the statutes is created to read:

AB43,,5762 118.40 (2r) (e) 2q. Beginning in the 2023-24 school year and in each school year thereafter, from the appropriation under s. 20.255 (2) (fm), for a pupil attending a charter school established by or under a contract with an entity under par. (b) 1., the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this paragraph in the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) between the previous school year and the current school year, if positive.

AB43,2152 Section 2152. 118.40 (2r) (g) 1. b. of the statutes is amended to read:

AB43,,5764 118.40 (2r) (g) 1. b. Multiply the number of pupils under subd. 1. a. by the per pupil amount calculated under par. (e) 2p. 2q. for that school year.

AB43,2153 Section 2153. 118.40 (2x) (b) 2. m. of the statutes is created to read:

AB43,,5766 118.40 (2x) (b) 2. m. If the contract is for the operation of a charter school that includes a grade from 9 to 12, a requirement that the charter school make available to pupils in grades 9 to 12 at least one computer science course that includes concepts in computer programming or coding.

AB43,2154 Section 2154. 118.42 (3) (a) 4. of the statutes is amended to read:

AB43,,5768 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements under subch. IV of ch. 111.

AB43,2155 Section 2155. 118.42 (5) of the statutes is amended to read:

AB43,,5770 118.42 (5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement under subch. IV of ch. 111.

AB43,2156 Section 2156. 118.50 (2m) (a) 2. of the statutes is amended to read:

AB43,,5772 118.50 (2m) (a) 2. Beginning in the 2017-18 school year and ending in the 2022-23 school year, the sum of the per pupil amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB43,2157 Section 2157. 118.50 (2m) (a) 3. of the statutes is created to read:

AB43,,5774 118.50 (2m) (a) 3. Beginning in the 2023-24 school year, the sum of the per pupil amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) between the previous school year and the current school year, if positive.

AB43,2158 Section 2158. 118.51 (1) (aj) of the statutes is repealed.

AB43,2159 Section 2159. 118.51 (9) of the statutes is amended to read:

AB43,,5777 118.51 (9) Appeal of rejection. If the nonresident school board rejects an application under sub. (3) (a) or (7), the resident school board prohibits a pupil from attending public school in a nonresident school district under sub. (3m) (d) or the nonresident school board prohibits a pupil from attending public school in the nonresident school district under sub. (11), the pupil’s parent may appeal the decision to the department within 30 days after the decision. If the nonresident school board provides notice that the special education or related service is not available under sub. (12) (b), the pupil’s parent may appeal the required transfer to the department within 30 days after receipt of the notice. The department shall affirm the school board’s decision unless the department finds that the decision was arbitrary or unreasonable.

AB43,2160 Section 2160. 118.51 (12) (title) of the statutes is amended to read:

AB43,,5779 118.51 (12) (title) Nonresident school district statement of educational costs; special Special education or related services.

AB43,2161 Section 2161. 118.51 (12) (a) of the statutes is repealed.

AB43,2162 Section 2162. 118.51 (12) (b) of the statutes is renumbered 118.51 (12).

AB43,2163 Section 2163. 118.51 (16) (a) 1. of the statutes is amended to read:

AB43,,5783 118.51 (16) (a) 1. For each school district, the number of nonresident pupils attending public school in the school district under this section, other than pupils for whom a payment is made under sub. (17) (a), or (c), or (cm).

AB43,2164 Section 2164. 118.51 (16) (a) 2. of the statutes is amended to read:

AB43,,5785 118.51 (16) (a) 2. For each school district, the number of resident pupils attending public school in a nonresident school district under this section, other than pupils for whom a payment is made under sub. (17) (a), or (c), or (cm).

AB43,2165 Section 2165. 118.51 (16) (a) 3. b. of the statutes is amended to read:

AB43,,5787 118.51 (16) (a) 3. b. Beginning with the amount in the 2015-16 school year and ending with the amount in the 2022-23 school year, except as provided in subd. 3. c., in each school year thereafter, the sum of the amount determined under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB43,2166 Section 2166. 118.51 (16) (a) 3. bm. of the statutes is created to read:

AB43,,5789 118.51 (16) (a) 3. bm. Beginning with the amount for the 2023-24 school year and in each school year thereafter, the sum of the amount determined under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) between the previous school year and the current school year, if positive.

AB43,2167 Section 2167. 118.51 (16) (c) of the statutes is amended to read:

AB43,,5791 118.51 (16) (c) If a pupil attends public school in a nonresident school district under this section for less than a full school term, the department shall prorate the state aid adjustments under this subsection and sub. (17) (c) and (cm) based on the number of days that school is in session and the pupil attends public school in the nonresident school district.

AB43,2168 Section 2168. 118.51 (16) (d) of the statutes is amended to read:

AB43,,5793 118.51 (16) (d) The department shall ensure that the aid adjustments under par. (b) and sub. (17) (c) and (cm) do not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

AB43,2169 Section 2169. 118.51 (17) (b) 2. c. of the statutes is amended to read:

AB43,,5795 118.51 (17) (b) 2. c. Beginning in the 2018-19 school year, and subject to subd. 3. and ending in the 2022-23 school year, the per pupil transfer amount is the sum of the per pupil transfer amount for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive, or the amount under s. 118.51 (17) (b) 3., 2021 stats., if applicable.

AB43,2170 Section 2170. 118.51 (17) (b) 2. cm. of the statutes is created to read:

AB43,,5797 118.51 (17) (b) 2. cm. Beginning in the 2023-24 school year, the per pupil transfer amount is the sum of the per pupil transfer amount for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) between the previous school year and the current school year, if positive.

****Note: This is reconciled s. 118.51 (17) (b) 2. cm. This Section has been affected by drafts with the following LRB numbers:-1011/P1 and -1013/P1.

AB43,2171 Section 2171. 118.51 (17) (b) 3. of the statutes is repealed.

AB43,2172 Section 2172. 118.51 (17) (bm) of the statutes is repealed.

AB43,2173 Section 2173. 118.51 (17) (c) of the statutes is amended to read:

AB43,,5801 118.51 (17) (c) 1. If Beginning in the 2022-23 school year, if the number determined in par. (b) 1. a. is greater than the number determined in par. (b) 1. b. for a school district, in the 2016-17, 2017-18, and 2018-19 school years, the department shall increase that school district’s state aid payment under s. 121.08 by an amount equal to the difference multiplied by an the amount under par. (b) 2. a., b., or c. for the applicable school year.

AB43,,5802 2. If Beginning in the 2022-23 school year, if the number determined in par. (b) 1. a. is less than the number determined in par. (b) 1. b. for a school district, in the 2016-17, 2017-18, and 2018-19 school years, the department shall decrease that school district’s state aid payment under s. 121.08 by an amount equal to the difference multiplied by an the amount under par. (b) 2. a., b., or c. for the applicable school year. If the state aid payment under s. 121.08 is insufficient to cover the reduction, the department shall decrease other state aid payments made by the department to the school district by the remaining amount. If the state aid payment under s. 121.08 and other state aid payments made by the department to the school district are insufficient to cover the reduction, the department shall use the moneys appropriated under s. 20.255 (2) (cg) to pay the balance to school districts under subd. 1.

AB43,2174 Section 2174. 118.51 (17) (cm) of the statutes is repealed.

AB43,2175 Section 2175. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB43,,5805 118.60 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (bh), any pupil in grades kindergarten to 12 who resides within in an eligible school district may attend any private school under this section and, subject to pars. (ag), (ar), (be), (bh), (bm), and (bs), any pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, may attend any private school under this section if all of the following apply:

AB43,2176 Section 2176. 118.60 (2) (a) 2. g. of the statutes is amended to read:

AB43,,5807 118.60 (2) (a) 2. g. If the pupil resides in a school district, other than an eligible school district or a 1st class city school district, the pupil was on a waiting list under sub. (3) (am) 4. or (ar) 4. in any previous school year.

AB43,2177 Section 2177. 118.60 (2) (a) 6. a. of the statutes is amended to read:

AB43,,5809 118.60 (2) (a) 6. a. Except as provided in subd. 6. c. and d., all of the private school’s teachers have a teaching license issued by the department or a bachelor’s degree or a degree or educational credential higher than a bachelor’s degree, including a masters master’s or doctorate, from a nationally or regionally accredited institution of higher education. This subd. 6. a. does not apply after June 30, 2026.

AB43,2178 Section 2178. 118.60 (2) (a) 6m. of the statutes is created to read:

AB43,,5811 118.60 (2) (a) 6m. a. Except as provided in subd. 6m. b., beginning on July 1, 2026, all of the private school’s teachers have a teaching license or permit issued by the department.

AB43,,5812 b. A teacher employed by the private school on July 1, 2026, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2026, and who does not satisfy the requirements under subd. 6m. a. on July 1, 2026, may apply to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 6m. a. The department shall promulgate rules to implement this subd. 6m. b., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under subd. 6m. a. No waiver granted under this subd. 6m. b. is valid after July 1, 2031.

AB43,2179 Section 2179. 118.60 (2) (a) 10. of the statutes is created to read:

AB43,,5814 118.60 (2) (a) 10. If the private school operates any grade from 9 to 12, the private school makes available to pupils in grades 9 to 12 at least one computer science course that includes concepts in computer programming or coding.

AB43,2180 Section 2180. 118.60 (2) (be) 3. of the statutes is amended to read:

AB43,,5816 118.60 (2) (be) 3. Beginning with the 2026-27 school year, there is no limit on the number of pupils who may attend private schools the limits under this section paragraph do not apply.

AB43,2181 Section 2181. 118.60 (2) (bh) of the statutes is created to read:

AB43,,5818 118.60 (2) (bh) 1. In this paragraph, “program cap” means any of the following:

AB43,,5819 a. For an eligible school district, the total number of pupils residing in the eligible school district who attended a private school under this section in the 2023-24 school year.

AB43,,5820 b. For all school districts, other than an eligible school district or a 1st class city school district, the total number of pupils residing in those school districts who attended a private school under this section in the 2023-24 school year.

AB43,,5821 2. a. Beginning with the 2024-25 school year, the total number of pupils residing in an eligible school district who may attend a private school under this section during a school year may not exceed the program cap under subd. 1. a.

AB43,,5822 b. Beginning with the 2024-25 school year, the total number of pupils residing in school districts, other than an eligible school district or a 1st class city school district, who may attend a private school under this section during a school year may not exceed the program cap under subd. 1. b.

AB43,2182 Section 2182. 118.60 (2) (c) 3. of the statutes is created to read:

AB43,,5824 118.60 (2) (c) 3. Notwithstanding par. (a) 6m., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to hold a license or permit to teach issued by the department.

AB43,2183 Section 2183. 118.60 (3) (a) (intro.) of the statutes is amended to read:

AB43,,5826 118.60 (3) (a) (intro.) The pupil or the pupil’s parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. No later than 60 days after the end of the application period during which an application is received and subject to par. pars. (am) and (ar), the private school shall notify each applicant, in writing, whether his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. Subject to par. pars. (am) and (ar), a private school may reject an applicant only if it the private school has reached its maximum general capacity or seating capacity. Except as provided in par. pars. (am) and (ar), the state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference to the following in accepting applications, in the order of preference listed:

AB43,2184 Section 2184. 118.60 (3) (am) of the statutes is created to read:

AB43,,5828 118.60 (3) (am) All of the following apply to applications to attend a private school under this section submitted by pupils who reside in an eligible school district:

AB43,,5829 1. A private school that has submitted a notice of intent to participate under sub. (2) (a) 3. a. may accept applications for a school year during application periods determined by the department from pupils who reside in an eligible school district. For each school year, the department shall establish one or more application periods under this subdivision, the first of which begins no earlier than the first weekday in February of the school year before the applicable school year, and the last of which ends no later than September 14 of the applicable school year.

AB43,,5830 2. Each private school that received applications under subd. 1. shall report to the department the number of pupils who applied under subd. 1. to attend the private school under this section and the names of those applicants who have siblings who also applied under subd. 1. to attend the private school under this section. The private school shall submit the report no later than 10 days after each application period described under subd. 1. during which the private school received applications.

AB43,,5831 3. After the end of each application period described under subd. 1., upon receipt of the information under subd. 2., the department shall determine the sum of all applicants for pupils residing in an eligible school district. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program under this section only once. If, after the end of an application period described under subd. 1., the sum of all applicants for pupils residing in an eligible school district exceeds the program cap under sub. (2) (bh) 2. a., the department shall determine which applications submitted during the application period to accept on a random basis, except that the department shall give preference to the applications of pupils described in par. (a) 1m. to 5., in the order of preference listed in that paragraph.

AB43,,5832 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (bh) 2. a., the department shall establish a waiting list in accordance with the preferences required under subd. 3.

AB43,,5833 5. A private school that has accepted a pupil who resides in an eligible school district under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. If, upon receiving notice under this subdivision, the department determines that the number of pupils attending private schools under this section falls below the program cap under sub. (2) (bh) 2. a., the department shall fill any available slot with a pupil selected from the waiting list established under subd. 4., if such a waiting list exists.

AB43,2185 Section 2185. 118.60 (3) (ar) (intro.) of the statutes is amended to read: