Amendment SA2-SSA2-SB45

SB45-SSA2-SA2,96,1 2. At the appropriate places, insert all of the following:

SB45-SSA2-SA2,96,2 “Section 275. 118.60 (2) (be) 1. a. of the statutes is repealed.

SB45-SSA2-SA2,276 Section 276. 118.60 (2) (be) 1. c. of the statutes is amended to read:

SB45-SSA2-SA2,96,6 118.60 (2) (be) 1. c. “Pupil participation limit” means a school district’s membership in the previous school year multiplied by the applicable percentage for the current school year 0.1.

SB45-SSA2-SA2,277 Section 277. 118.60 (2) (be) 2. of the statutes is amended to read:

SB45-SSA2-SA2,96,13 118.60 (2) (be) 2. Except as provided in subd. 2m., beginning with the 2015-16 school year and ending with the 2025-26 school year, the total number of pupils residing in a school district, 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 school district’s pupil participation limit for that school year.

SB45-SSA2-SA2,278 Section 278. 118.60 (2) (be) 3. of the statutes is repealed.”.

SB45-SSA2-SA2,96,15 3. At the appropriate places, insert all of the following:

SB45-SSA2-SA2,96,16 “Section 279. 118.019 (2d) of the statutes is amended to read:

SB45-SSA2-SA2,97,2 118.019 (2d) Nondiscrimination. An instructional program under this section shall use instructional methods and materials that, consistent with s. 118.13 (1), do not discriminate against a pupil based upon the pupil’s race, gender, religion, sexual orientation, gender identity, gender expression, or ethnic or cultural background or against sexually active pupils or children with disabilities. Nothing in this subsection shall be construed to prohibit a school board from approving an instructional program under this section that includes instruction on abstinence from sexual activity or that is abstinence-centered.

SB45-SSA2-SA2,280 Section 280. 118.13 (1) of the statutes is amended to read:

SB45-SSA2-SA2,97,11 118.13 (1) Except as provided in s. 120.13 (37m) and sub. (1m), no person may be denied admission to any public school or a private school participating in a program under s. 115.7915, 118.60, or 119.23 or be denied participation in, be denied the benefits of, or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person’s sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, gender identity, gender expression, or physical, mental, emotional, or learning disability.

SB45-SSA2-SA2,281 Section 281. 118.13 (1m) of the statutes is created to read:

SB45-SSA2-SA2,97,16 118.13 (1m) (a) 1. With respect to being denied admission to, being denied participation in, being denied the benefits of, or being discriminated against on the basis of sex, sub. (1) does not apply to a private school participating in a program under s. 115.7915, 118.60, or 119.23 that limits admission to pupils of only one sex.

SB45-SSA2-SA2,97,20 2. Notwithstanding subd. 1., a private school participating in a program under s. 115.7915, 118.60, or 119.23 that limits admission to pupils of only one sex may not deny admission to a pupil if the sex to which admissions are limited is the sex that is most consistent with the pupil’s gender identity.

SB45-SSA2-SA2,98,2 (b) With respect to discrimination on the basis of religion, sub. (1) does not apply to a sectarian private school participating in a program under s. 115.7915, 118.60, or 119.23 declining to provide instruction in the tenets of a religion that is different from the religion with which the private school is affiliated.

SB45-SSA2-SA2,282 Section 282. 118.13 (2) (a) of the statutes is amended to read:

SB45-SSA2-SA2,98,11 118.13 (2) (a) Each school board and each governing body of a private school participating in a program under s. 115.7915, 118.60, or 119.23 shall develop written policies and procedures to implement this section and submit them to the state superintendent as a part of its 1986 annual report under s. 120.18. The policies and procedures shall provide for receiving and investigating complaints by residents of the school district regarding possible violations of this section, for making determinations as to whether this section has been violated and for ensuring compliance with this section.

SB45-SSA2-SA2,283 Section 283. 118.13 (3) (a) 3. of the statutes is amended to read:

SB45-SSA2-SA2,98,16 118.13 (3) (a) 3. Include in the department’s biennial report under s. 15.04 (1) (d) information on the status of school district compliance with this section and school district progress toward providing reasonable equality of educational opportunity for all pupils in this state.

SB45-SSA2-SA2,284 Section 284. 118.13 (3) (b) 1. and 2. of the statutes are amended to read:

SB45-SSA2-SA2,98,21 118.13 (3) (b) 1. Periodically review school district programs, activities and services to determine whether the school boards and governing bodies of private schools participating in a program under s. 115.7915, 118.60, or 119.23 are complying with this section.

SB45-SSA2-SA2,99,2 2. Assist school boards and governing bodies of private schools participating in a program under s. 115.7915, 118.60, or 119.23 to comply with this section by providing information and technical assistance upon request.

SB45-SSA2-SA2,285 Section 285. 118.13 (4) of the statutes is amended to read:

SB45-SSA2-SA2,99,7 118.13 (4) Any public school or private school official, employee, or teacher who intentionally engages in conduct which discriminates against a person or causes a person to be denied rights, benefits, or privileges, in violation of sub. (1), may be required to forfeit not more than $1,000.

SB45-SSA2-SA2,286 Section 286. 118.20 (1) of the statutes is amended to read:

SB45-SSA2-SA2,99,18 118.20 (1) No discrimination because of sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), race, nationality, gender identity, gender expression, or political or religious affiliation may be practiced in the employment of teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), race, nationality, gender identity, gender expression, or political or religious affiliation may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employees or by teachers agencies or placement bureaus.

SB45-SSA2-SA2,287 Section 287. 118.40 (4) (b) 2. of the statutes is amended to read:

SB45-SSA2-SA2,99,22 118.40 (4) (b) 2. Except as provided in sub. (3) (h), discriminate in admission or deny participation in any program or activity on the basis of a person’s sex, race, religion, national origin, ancestry, pregnancy, marital or parental status, sexual orientation, gender identity, gender expression, or physical, mental, emotional or learning disability.”.

SB45-SSA2-SA2,100,3 4. At the appropriate places, insert all of the following:

SB45-SSA2-SA2,100,4 “Section 288. 115.7915 (4m) (em) of the statutes is created to read:

SB45-SSA2-SA2,100,10 115.7915 (4m) (em) Notwithstanding pars. (a), (cm), and (e), if a child attending a private school under the scholarship program under this section withdraws from the private school under this section during a school year and enrolls in a school district, the department shall pay the remainder of the scholarship amount due to the private school for the child for that school year to the school district in which the child enrolls.

SB45-SSA2-SA2,289 Section 289. 118.40 (2r) (e) 3n. of the statutes is created to read:

SB45-SSA2-SA2,100,17 118.40 (2r) (e) 3n. Notwithstanding subd. 2p., if a pupil attending a charter school established by or under a contract with an entity under par. (b) 1. for whom a payment is due under this paragraph withdraws from the charter school during the school year and enrolls in a school district, the department shall pay any remaining amount due to the operator for that pupil for that school year to the school district in which the pupil enrolls.

SB45-SSA2-SA2,290 Section 290. 118.40 (2x) (e) 3. of the statutes is created to read:

SB45-SSA2-SA2,101,2 118.40 (2x) (e) 3. Notwithstanding subd. 1m., if a pupil attending a charter school established under this subsection for whom a payment is due under this paragraph withdraws from the charter school during the school year and enrolls in a school district, the department shall pay any remaining amount due to the operator for that pupil for that school year to the school district in which the pupil enrolls.

SB45-SSA2-SA2,291 Section 291. 118.60 (4) (d) of the statutes is created to read:

SB45-SSA2-SA2,101,8 118.60 (4) (d) Notwithstanding par. (bg), if a pupil attending a private school under this section for whom a payment is due under this subsection withdraws from the private school during the school year and enrolls in a school district, the department shall pay any remaining amount due to the private school for that pupil for that school year to the school district in which the pupil enrolls.

SB45-SSA2-SA2,292 Section 292. 119.23 (4) (d) of the statutes is created to read:

SB45-SSA2-SA2,101,14 119.23 (4) (d) Notwithstanding par. (bg), if a pupil attending a private school under this section for whom a payment is due under this subsection withdraws from the private school during the school year and enrolls in a school district, the department shall pay any remaining amount due to the private school for that pupil for that school year to the school district in which the pupil enrolls.

SB45-SSA2-SA2,9434 Section 9434. Effective dates; Public Instruction.

SB45-SSA2-SA2,101,18 (1) Parental choice program payments The treatment of ss. 115.7915 (4m) (em), 118.40 (2r) (e) 3n., 118.40 (2x) (e) 3., 118.60 (4) (d) and 119.23 (4) (d) takes effect on July 1, 2026.”.

SB45-SSA2-SA2,101,19 5. At the appropriate places, insert all of the following:

SB45-SSA2-SA2,101,20 “Section 293. 115.7915 (4m) (cm) 3. of the statutes is amended to read:

SB45-SSA2-SA2,101,22 115.7915 (4m) (cm) 3. Multiply the difference determined under subd. 2. by 0.90 the reimbursement rate for aid under s. 115.88 for the current school year.

SB45-SSA2-SA2,294 Section 294. 115.437 (2) (b) of the statutes is repealed and recreated to read:

SB45-SSA2-SA2,102,5 115.437 (2) (b) In the 2025-26 school year and in each school year thereafter, the per pupil amount under par. (a) is the sum of the per pupil amount under this subsection in the previous school year and the change in the per pupil amount paid to a private school under s. 118.60 (4) (b) 3. between the previous school year and the current school year.”.

SB45-SSA2-SA2,295 Section 295. 118.60 (2) (a) 1. c. of the statutes is amended to read:

SB45-SSA2-SA2,102,10 118.60 (2) (a) 1. c. The family income of a pupil does not need to shall be verified under subd. 1. b. for a pupil who attended a participating private school under this section or s. 119.23 in a school year and applies to attend a participating private school under this section in the following school year.

SB45-SSA2-SA2,296 Section 296. 119.23 (2) (a) 1. d. of the statutes is amended to read:

SB45-SSA2-SA2,102,15 119.23 (2) (a) 1. d. The family income of a pupil does not need to shall be verified under subd. 1. b. for a pupil who attended a participating private school under this section or s. 118.60 in a school year and applies to attend a participating private school in the program under this section in the following school year.”.

SB45-SSA2-SA2,102,16 6. At the appropriate places, insert all of the following:

SB45-SSA2-SA2,102,17 “Section 297. 19.32 (1) of the statutes is amended to read:

SB45-SSA2-SA2,103,5 19.32 (1) “Authority” means any of the following having custody of a record: a state or local office, elective official, agency, board, commission, committee, council, department or public body corporate and politic created by the constitution or by any law, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a special purpose district; any court of law; the assembly or senate; a nonprofit corporation which receives more than 50 percent of its funds from a county or a municipality, as defined in s. 59.001 (3), and which provides services related to public health or safety to the county or municipality; a university police department under s. 175.42; a private school participating in a program under s. 115.7915, 118.60, or 119.23; or a formally constituted subunit of any of the foregoing.

SB45-SSA2-SA2,298 Section 298. 19.36 (17) of the statutes is created to read:

SB45-SSA2-SA2,103,10 19.36 (17) Certain pupil records. Records concerning an individual pupil maintained by an authority that is a private school participating in a program under s. 115.7915, 118.60, or 119.23, are not subject to the right of inspection or copying under s. 19.35 (1).

SB45-SSA2-SA2,299 Section 299. 19.82 (1) of the statutes is amended to read:

SB45-SSA2-SA2,103,21 19.82 (1) “Governmental body” means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi- governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a long-term care district under s. 46.2895; a private school participating in a program under s. 115.7915, 118.60, or 119.23; or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV, or V of ch. 111.

SB45-SSA2-SA2,300 Section 300. 115.7915 (6) (L) of the statutes is created to read:

SB45-SSA2-SA2,103,23 115.7915 (6) (L) Comply with subchs. II and V of ch. 19.

SB45-SSA2-SA2,301 Section 301. 118.60 (2) (a) 10. of the statutes is created to read:

SB45-SSA2-SA2,104,2 118.60 (2) (a) 10. The private school complies with subchs. II and V of ch. 19.

SB45-SSA2-SA2,302 Section 302. 119.23 (2) (a) 10. of the statutes is created to read:

SB45-SSA2-SA2,104,4 119.23 (2) (a) 10. The private school complies with subchs. II and V of ch. 19.”.

SB45-SSA2-SA2,104,5 7. At the appropriate places, insert all of the following:

SB45-SSA2-SA2,104,6 “Section 303. 74.09 (3) (gb) of the statutes is created to read:

SB45-SSA2-SA2,104,11 74.09 (3) (gb) 1. Include information from the school district where the property is located regarding the amount of any gross reduction in state aid to the district under ss. 115.7915 (4m), 118.60 (4d), and 121.08 (4) (b) in the previous year and the current year and the percentage change between those years, except that this paragraph does not apply in any year in which such a reduction does not occur.

SB45-SSA2-SA2,104,13 2. In addition to the information provided under subd. 1., include the following insert in substantially similar form:

SB45-SSA2-SA2,104,18 “The gross reduction in state aid to your school district in the .... (current year) is $ .... as a result of pupils enrolled in the .... (statewide choice program) (Racine choice program) (Milwaukee choice program) or as a result of payments to .... (a private school) under the special needs scholarship program. Your school district had the option to increase property taxes to replace this aid reduction.””.

SB45-SSA2-SA2,104,19 (end)