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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 1An Act to amend 118.60 (3) (ar) 1., 2. and 3.; and to create 118.60 (1) (f), 118.60
2(1) (fm), 118.60 (3) (e) and 119.23 (3) (c) of the statutes; relating to: the pupil
3application process to attend a private school under a parental choice program
4and 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 5Section 1. 118.60 (1) (f) of the statutes is created to read:
AB77-ASA1,1,86 118.60 (1) (f) “Spring application period” means the period beginning on the
7first weekday in February and ending on the 3rd Thursday in April of the school year
8immediately preceding the school year for which the application is made.
AB77-ASA1,2 9Section 2. 118.60 (1) (fm) of the statutes is created to read:
AB77-ASA1,1,1210 118.60 (1) (fm) “Summer application period” means the period beginning on the
113rd Monday in July and ending on the 4th Friday in July of the school year for which
12the application is made.
AB77-ASA1,3
1Section 3. 118.60 (3) (ar) 1., 2. and 3. of the statutes are amended to read:
AB77-ASA1,2,72 118.60 (3) (ar) 1. A private school that has submitted a notice of intent to
3participate under sub. (2) (a) 3. a. may accept applications for the following school
4year between the first weekday in February and the 3rd Thursday in April from
5pupils who reside in a school district, other than an eligible school district or a 1st
6class city school district, for the following school year during the spring application
7period and for the current school year during the summer application period
.
AB77-ASA1,2,158 2. By the first weekday in May immediately following the spring application
9period under subd. 1. and by the first weekday following the summer application
10period
, each private school that received applications under subd. 1. shall report to
11the department the number of pupils who have applied under subd. 1. during the
12applicable application period
to attend the private school under this section and the
13names of those applicants who have siblings who have also applied under subd. 1.
14during the applicable application period to attend the private school under this
15section.
AB77-ASA1,2,2416 3. Annually, upon Upon receipt of the information under subd. 2., the
17department shall, for each school district, determine the sum of all applicants for
18pupils residing in that school district under this paragraph. In determining the sum,
19the department shall count a pupil who has applied to attend more than one private
20school under the program only once. After determining the sum of all applicants for
21pupils residing in a school district, the department shall determine which
22applications to accept on a random basis, except that the department shall give
23preference to the applications of pupils described in par. (a) 1m. to 5., in the order of
24preference listed in that paragraph.
AB77-ASA1,4 25Section 4. 118.60 (3) (e) of the statutes is created to read:
AB77-ASA1,3,5
1118.60 (3) (e) For a pupil who attended a participating private school under this
2section in a school year and applies to attend a participating private school under this
3section in the following school year, the department may not require documentation
4to verify the pupil's residence unless the pupil's residence has changed since the
5pupil's residence was last verified using documentation.
AB77-ASA1,5 6Section 5. 119.23 (3) (c) of the statutes is created to read:
AB77-ASA1,3,117 119.23 (3) (c) For a pupil who attended a participating private school under this
8section in a school year and applies to attend a participating private school under this
9section in the following school year, the department may not require documentation
10to verify the pupil's residence unless the pupil's residence has changed since the
11pupil's residence was last verified using documentation.
AB77-ASA1,6 12Section 6. PI 35.05 (2) of the administrative code is amended to read:
AB77-ASA1,3,2313 PI 35.05 (2) Residency eligibility. A school shall obtain one of the residency
14documents specified by the department from an applicant's parent that shows the
15applicant resides at the address on the application at the time of application. The
16residency document shall be dated no earlier than 3 months prior to the start of the
17open application period in which an applicant applies. If a school receives a lease
18agreement as a residency document, the lease term shall include the date the
19application was received. The document shall contain the parent name and match
20the address on the application. This subsection does not apply to an applicant who
21attended a school under the choice program and who applies to attend a school in the
22choice program in the following school year unless the applicant's residence has
23changed since the applicant's residence was last verified under this subsection
.
AB77-ASA1,7 24Section 7. PI 35.05 (3) of the administrative code is renumbered PI 35.05 (3)
25(a) and amended to read:
AB77-ASA1,4,5
1PI 35.05 (3) (a) A For an applicant who is required to submit documentation
2under sub. (2), a
school shall verify that the address on a pupil's application is in the
3city of Milwaukee by using the city of Milwaukee assessor website, the state of
4Wisconsin's Statewide Voter Registration System or any other source permitted by
5the department.
AB77-ASA1,8 6Section 8. PI 35.05 (3) (b) of the administrative code is created to read:
AB77-ASA1,4,97 PI 35.05 (3) (b) For an applicant who is not required to submit documentation
8under sub. (2), a school may use the verification process under par. (a) to verify the
9applicant's current address as listed on the application.
AB77-ASA1,9 10Section 9. PI 48.05 (2) of the administrative code is amended to read:
AB77-ASA1,4,2111 PI 48.05 (2) Residency eligibility. A school shall obtain one of the residency
12documents specified by the department from an applicant's parent that shows the
13applicant resides at the address on the application at the time of application. The
14residency document shall be dated no earlier than 3 months prior to the start of the
15open application period in which an applicant applies. If a school receives a lease
16agreement as a residency document, the lease term shall include the date the
17application was received. The document shall contain the parent name and match
18the address on the application. This subsection does not apply to an applicant who
19attended a school under a choice program and who applies to attend a school in a
20choice program in the following school year unless the applicant's residence has
21changed since the applicant's residence was last verified under this subsection
.
AB77-ASA1,10 22Section 10. PI 48.05 (3) (intro.) of the administrative code is renumbered PI
2348.05 (3) (am) (intro.) and amended to read:
AB77-ASA1,5,3
1PI 48.05 (3) (am) (intro.) A For an applicant who is required to submit
2documentation under sub. (2), a
school shall verify an the applicant's address listed
3on the residency documentation under sub. (2) as follows:
AB77-ASA1,11 4Section 11. PI 48.05 (3) (bm) of the administrative code is created to read:
AB77-ASA1,5,75 PI 48.05 (3) (bm) For an applicant who is not required to submit documentation
6under sub. (2), a school may use the verification process under par. (am) to verify the
7applicant's current address as listed on the application.
AB77-ASA1,12 8Section 12. Initial applicability.
AB77-ASA1,5,109 (1) This act first applies to applications submitted to attend a private school
10participating in a parental choice program in the 2024-25 school year.
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