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SB70-SSA2-SA3,316 5Section 316. 119.23 (2) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA3,117,86 119.23 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (b), any pupil in grades
7kindergarten to 12 who resides within the city may attend any private school if all
8of the following apply:
SB70-SSA2-SA3,317 9Section 317. 119.23 (2) (b) of the statutes is created to read:
SB70-SSA2-SA3,117,1210 119.23 (2) (b) 1. In this paragraph, “program cap” means the total number of
11pupils residing in the city who attended a private school under this section in the
122023-24 school year.
SB70-SSA2-SA3,117,1513 2. Beginning with the 2024-25 school year, the total number of pupils residing
14in the city who may attend a private school under this section during a school year
15may not exceed the program cap.
SB70-SSA2-SA3,318 16Section 318. 119.23 (3) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA3,118,517 119.23 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit
18an application, on a form provided by the state superintendent, to the participating
19private school that the pupil wishes to attend. If more than one pupil from the same
20family applies to attend the same private school, the pupils may use a single
21application. No later than 60 days after the end of the application period during
22which an application is received and subject to par. (ar), the private school shall
23notify each applicant, in writing, whether his or her application has been accepted.
24If the private school rejects an application, the notice shall include the reason. A
25Subject to par. (ar), a private school may reject an applicant only if it the private

1school
has reached its maximum general capacity or seating capacity. The Except
2as provided in par. (ar), the
state superintendent shall ensure that the private school
3determines which pupils to accept on a random basis, except that the private school
4may give preference to the following in accepting applications, in order of preference
5listed:
SB70-SSA2-SA3,319 6Section 319. 119.23 (3) (ar) of the statutes is created to read:
SB70-SSA2-SA3,118,87 119.23 (3) (ar) All of the following apply to applications to attend a private
8school under this section submitted by pupils who reside in the city:
SB70-SSA2-SA3,118,159 1. A private school that has submitted a notice of intent to participate under
10sub. (2) (a) 3. may accept applications for a school year during application periods
11determined by the department from pupils who reside in the city. For each school
12year, the department shall establish one or more application periods under this
13subdivision, the first of which begins no later than the first weekday in February of
14the school year before the applicable school year, and the last of which ends no later
15than September 14 of the applicable school year.
SB70-SSA2-SA3,118,2216 2. Each private school that received applications under subd. 1. shall report to
17the department the number of pupils who applied under subd. 1. to attend the private
18school under this section and the names of those applicants who have siblings who
19also applied under subd. 1. to attend the private school under this section. The
20private school shall submit the report no later than 10 days after each application
21period described under subd. 1. during which the private school received
22applications.
SB70-SSA2-SA3,119,823 3. After the end of each application period described under subd. 1., upon
24receipt of the information under subd. 2., the department shall determine the sum
25of all applicants for pupils residing in the city. In determining the sum, the

1department shall count a pupil who has applied to attend more than one private
2school under the program under this section only once. If, after the end of an
3application period described under subd. 1., the sum of all applicants for pupils
4residing in the city exceeds the program cap under sub. (2) (b), the department shall
5determine which applications submitted during the application period to accept on
6a random basis, except that the department shall give preference to the applications
7of pupils described in par. (a) 1. to 5., in the order of preference listed in that
8paragraph.
SB70-SSA2-SA3,119,119 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (b), the
10department shall establish a waiting list in accordance with the preferences required
11under subd. 3.
SB70-SSA2-SA3,119,1812 5. A private school that has accepted a pupil who resides in the city under this
13paragraph shall notify the department whenever the private school determines that
14a pupil will not attend the private school under this paragraph. If, upon receiving
15notice under this subdivision, the department determines that the number of pupils
16attending private schools under this section falls below the program cap under sub.
17(2) (b), the department shall fill any available slot with a pupil selected from the
18waiting list established under subd. 4., if such a waiting list exists.
SB70-SSA2-SA3,320 19Section 320. 119.23 (3) (b) of the statutes is amended to read:
SB70-SSA2-SA3,120,420 119.23 (3) (b) If the private school rejects an applicant because it the private
21school
has too few available spaces, the applicant may transfer his or her application
22to a participating private school that has space available. An applicant who is
23rejected under this paragraph or an applicant who is on the waiting list under par.
24(ar) 4.
may, subject to sub. (2) (b), be admitted to a private school participating in the
25program under this section for the following school year, provided that the applicant

1continues to reside within in the city. The department may not require, in that
2following school year, the private school to submit financial information regarding
3the applicant or to verify the eligibility of the applicant to participate in the program
4under this section on the basis of family income.
SB70-SSA2-SA3,321 5Section 321. 119.23 (4v) (b) of the statutes is amended to read:
SB70-SSA2-SA3,120,116 119.23 (4v) (b) If the department considers a pupil as a resident of the city
7under par. (a) for a school year, the department shall ensure that the pupil is not
8counted for that school year for purposes of determining whether a school district has
9exceeded its pupil participation limit under s. 118.60 (2) (be) and that the pupil is not
10counted for that school year for purposes of determining whether a program cap
11under sub. (2) (b) or s. 118.60 (2) (bh) 2. a. or b. has been exceeded
.
SB70-SSA2-SA3,322 12Section 322. 119.23 (4v) (c) of the statutes is created to read:
SB70-SSA2-SA3,120,1613 119.23 (4v) (c) The department may consider a pupil enrolled in a private
14school participating in the program under this section who satisfies all of the
15following as a resident of a school district, other than a 1st class city school district,
16who is enrolled in the private school under this section:
SB70-SSA2-SA3,120,1817 1. The pupil was a resident of the city when the pupil applied to participate in
18the program under this section.
SB70-SSA2-SA3,120,2019 2. The pupil accepted a space at a private school participating in the program
20under this section as a resident of the city.
SB70-SSA2-SA3,120,2221 3. The pupil resides in a school district, other than a 1st class city school
22district, on the 3rd Friday in September.
SB70-SSA2-SA3,120,2423 4. The private school at which the pupil accepted a space under this section is
24participating in the program under s. 118.60.
SB70-SSA2-SA3,323 25Section 323. 119.23 (4v) (d) of the statutes is created to read:
SB70-SSA2-SA3,121,5
1119.23 (4v) (d) If the department considers a pupil as a resident of an eligible
2school district, as defined in s. 118.60 (1) (am), under par. (c) for a school year, the
3department shall ensure that the pupil is not counted for that school year for
4purposes of determining whether a program cap under sub. (2) (b) or s. 118.60 (2) (bh)
52. a. has been exceeded.
SB70-SSA2-SA3,324 6Section 324. 119.23 (4v) (e) of the statutes is created to read:
SB70-SSA2-SA3,121,137 119.23 (4v) (e) If the department considers a pupil as a resident of a school
8district, other than an eligible school district, as defined in s. 118.60 (1) (am), or a 1st
9class city school district, under par. (c) for a school year, the department shall ensure
10that the pupil is not counted for that school year for purposes of determining whether
11the school district has exceeded its pupil participation limit under s. 118.60 (2) (be)
12and that the pupil is not counted for that school year for purposes of determining
13whether a program cap under sub. (2) (b) or s. 118.60 (2) (bh) 2. b. has been exceeded.
SB70-SSA2-SA3,9334 14Section 9334. Initial applicability; Public Instruction.
SB70-SSA2-SA3,121,1915 (1) Parental choice programs; program caps. The treatment of ss. 118.60 (3)
16(am) and (ar) (intro.) and 5. and 119.23 (3) (ar), the renumbering and amendment of
17s. 118.60 (3) (ar) 3. and 4., and the creation of s. 118.60 (3) (ar) 3. a. and b. and 4. a.
18and b. first apply to an application to attend a private school under s. 118.60 or 119.23
19in the 2024-25 school year.
SB70-SSA2-SA3,121,2320 (2) Special Needs Scholarship Program; program cap. The treatment of s.
21115.7915 (2) (f) and (g) and (3) (a), (am), (b), (bm), (c), (d), (e), (f), and (g) first applies
22to an application for a scholarship to attend an eligible school under s. 115.7915 in
23the 2024-25 school year.
SB70-SSA2-SA3,122,324 (3) Parental choice programs; transferring applicants between programs.
25The treatment of ss. 118.60 (4v) (b), (c), and (d) and 119.23 (4v) (b), (c), (d), and (e) first

1applies to counting pupils for the pupil participation limits under s. 118.60 (2) (be)
2and the program caps under ss. 118.60 (2) (bh) 2. a. and b. and 119.23 (2) (b) for the
32024-25 school year.”.
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