Amendment ASA1-AB77

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2023 - 2024 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 77

April 24, 2023 - Offered by Representative Sortwell.

AB77-ASA1,1,4 An Act to amend 118.60 (3) (ar) 1., 2. and 3.; and to create 118.60 (1) (f), 118.60 (1) (fm), 118.60 (3) (e) and 119.23 (3) (c) of the statutes; relating to: the pupil application process to attend a private school under a parental choice program and modifying rules promulgated by the Department of Public Instruction.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB77-ASA1,1 Section 1. 118.60 (1) (f) of the statutes is created to read:

AB77-ASA1,1,8 118.60 (1) (f) “Spring application period” means the period beginning on the first weekday in February and ending on the 3rd Thursday in April of the school year immediately preceding the school year for which the application is made.

AB77-ASA1,2 Section 2. 118.60 (1) (fm) of the statutes is created to read:

AB77-ASA1,1,12 118.60 (1) (fm) “Summer application period” means the period beginning on the 3rd Monday in July and ending on the 4th Friday in July of the school year for which the application is made.

AB77-ASA1,3 Section 3. 118.60 (3) (ar) 1., 2. and 3. of the statutes are amended to read:

AB77-ASA1,2,7 118.60 (3) (ar) 1. A private school that has submitted a notice of intent to participate under sub. (2) (a) 3. a. may accept applications for the following school year between the first weekday in February and the 3rd Thursday in April from pupils who reside in a school district, other than an eligible school district or a 1st class city school district, for the following school year during the spring application period and for the current school year during the summer application period.

AB77-ASA1,2,15 2. By the first weekday in May immediately following the spring application period under subd. 1. and by the first weekday following the summer application period, each private school that received applications under subd. 1. shall report to the department the number of pupils who have applied under subd. 1. during the applicable application period to attend the private school under this section and the names of those applicants who have siblings who have also applied under subd. 1. during the applicable application period to attend the private school under this section.

AB77-ASA1,2,24 3. Annually, upon Upon receipt of the information under subd. 2., the department shall, for each school district, determine the sum of all applicants for pupils residing in that school district under this paragraph. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program only once. After determining the sum of all applicants for pupils residing in a school district, the department shall determine which applications 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.

AB77-ASA1,4 Section 4. 118.60 (3) (e) of the statutes is created to read:

AB77-ASA1,3,5 118.60 (3) (e) For a pupil who attended a participating private school under this section in a school year and applies to attend a participating private school under this section in the following school year, the department may not require documentation to verify the pupil's residence unless the pupil's residence has changed since the pupil's residence was last verified using documentation.

AB77-ASA1,5 Section 5. 119.23 (3) (c) of the statutes is created to read:

AB77-ASA1,3,11 119.23 (3) (c) For a pupil who attended a participating private school under this section in a school year and applies to attend a participating private school under this section in the following school year, the department may not require documentation to verify the pupil's residence unless the pupil's residence has changed since the pupil's residence was last verified using documentation.

AB77-ASA1,6 Section 6. PI 35.05 (2) of the administrative code is amended to read:

AB77-ASA1,3,23 PI 35.05 (2) Residency eligibility. A school shall obtain one of the residency documents specified by the department from an applicant's parent that shows the applicant resides at the address on the application at the time of application. The residency document shall be dated no earlier than 3 months prior to the start of the open application period in which an applicant applies. If a school receives a lease agreement as a residency document, the lease term shall include the date the application was received. The document shall contain the parent name and match the address on the application. This subsection does not apply to an applicant who attended a school under the choice program and who applies to attend a school in the choice program in the following school year unless the applicant's residence has changed since the applicant's residence was last verified under this subsection.

AB77-ASA1,7 Section 7. PI 35.05 (3) of the administrative code is renumbered PI 35.05 (3) (a) and amended to read:

AB77-ASA1,4,5 PI 35.05 (3) (a) A For an applicant who is required to submit documentation under sub. (2), a school shall verify that the address on a pupil's application is in the city of Milwaukee by using the city of Milwaukee assessor website, the state of Wisconsin's Statewide Voter Registration System or any other source permitted by the department.

AB77-ASA1,8 Section 8. PI 35.05 (3) (b) of the administrative code is created to read:

AB77-ASA1,4,9 PI 35.05 (3) (b) For an applicant who is not required to submit documentation under sub. (2), a school may use the verification process under par. (a) to verify the applicant's current address as listed on the application.

AB77-ASA1,9 Section 9. PI 48.05 (2) of the administrative code is amended to read:

AB77-ASA1,4,21 PI 48.05 (2) Residency eligibility. A school shall obtain one of the residency documents specified by the department from an applicant's parent that shows the applicant resides at the address on the application at the time of application. The residency document shall be dated no earlier than 3 months prior to the start of the open application period in which an applicant applies. If a school receives a lease agreement as a residency document, the lease term shall include the date the application was received. The document shall contain the parent name and match the address on the application. This subsection does not apply to an applicant who attended a school under a choice program and who applies to attend a school in a choice program in the following school year unless the applicant's residence has changed since the applicant's residence was last verified under this subsection.

AB77-ASA1,10 Section 10. PI 48.05 (3) (intro.) of the administrative code is renumbered PI 48.05 (3) (am) (intro.) and amended to read:

AB77-ASA1,5,3 PI 48.05 (3) (am) (intro.) A For an applicant who is required to submit documentation under sub. (2), a school shall verify an the applicant's address listed on the residency documentation under sub. (2) as follows:

AB77-ASA1,11 Section 11. PI 48.05 (3) (bm) of the administrative code is created to read:

AB77-ASA1,5,7 PI 48.05 (3) (bm) For an applicant who is not required to submit documentation under sub. (2), a school may use the verification process under par. (am) to verify the applicant's current address as listed on the application.

AB77-ASA1,12 Section 12. Initial applicability.

AB77-ASA1,5,10 (1) This act first applies to applications submitted to attend a private school participating in a parental choice program in the 2024-25 school year.

AB77-ASA1,5,11 (End)