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2021 - 2022 LEGISLATURE
February 8, 2022 - Introduced by Representatives Wittke, Thiesfeldt, Dittrich,
Murphy, Penterman, Moses, Rozar, Brandtjen, Macco, Knodl and
Magnafici, cosponsored by Senators Roth, Darling, Nass, Wanggaard,
Stroebel and Jagler. Referred to Committee on Education.
AB970,1,9 1An Act to repeal 118.60 (2) (a) 1., 118.60 (2) (be), 118.60 (2) (bm), 118.60 (3) (ar),
2118.60 (4v), 119.23 (2) (a) 1. and 119.23 (4v); and to amend 118.60 (2) (a) (intro.),
3118.60 (2) (a) 2. g., 118.60 (3) (a) (intro.), 118.60 (3) (b), 118.60 (3) (c), 118.60 (3m)
4(a) 2., 118.60 (3m) (b) 2., 119.23 (3) (b), 119.23 (3m) (a) 2. and 119.23 (3m) (b) 2.
5of the statutes; relating to: eliminating income limits for parental choice
6programs; eliminating pupil participation limits for the statewide parental
7choice program; private school tuition charged to a pupil participating in a
8parental choice program; and creating an education expense reimbursement
9program for the 2022-23 school year and the summer of 2023.
Analysis by the Legislative Reference Bureau
This bill 1) eliminates the income limits in the statewide parental choice
program (also known as the Wisconsin Parental Choice Program), Milwaukee
Parental Choice Program, and the Racine Parental Choice Program (parental choice
program); 2) eliminates the pupil participation limits in the WPCP; 3) increases the
family income threshold amount that determines whether a private school may
charge additional tuition to a pupil attending the private school under a parental
choice program; and 4) creates a temporary education expense reimbursement
program for public school pupils.

Income limits for parental choice programs
Under current law, a pupil is not eligible to participate in the MPCP or the
RPCP if the pupil's family income is greater than 300 percent of the federal poverty
level. Similarly, under current law, a pupil is not eligible to participate in the WPCP
if the pupil's family income is greater than 220 percent of the federal poverty level.
Beginning in the 2022-23 school year, the bill eliminates the family income
requirements in each of the parental choice programs. In other words, under the bill,
a pupil may participate in a parental choice program regardless of the pupil's family
income.
Pupil participation limits in the WPCP
Current law limits the number of pupils who reside in a school district that may
attend a private school under the WPCP. For the 2021-22 school year, the limit is
set at no more than 6 percent of a school district's membership in the previous school
year. The limit increases by one percent each year until the limit reaches 10 percent,
and then, beginning in the 2026-27 school year, there is no participation limit in the
WPCP. The bill eliminates the pupil participation limits in the WPCP on the date
the bill becomes law.
Current law provides specific WPCP application procedures that apply while
the pupil participation limits are in place. For example, while the limits are in place,
pupil applications may be submitted to private schools participating in the WPCP
only during the period beginning on the first weekday in February and ending on the
third Thursday in April. The bill eliminates the application procedures that apply
while the pupil participation limits are in place.
Additional tuition charged to pupils participating in parental choice
programs
Under current law, a private school participating in a parental choice program
may not charge a pupil participating in a parental choice program tuition, in addition
to the payments the private school receives under the parental choice program,
unless the pupil is enrolled in a grade from 9 to 12 and the pupil's family income
exceeds 220 percent of the federal poverty level. Beginning in the 2022-23 school
year, the bill increases that threshold to 300 percent of the federal poverty level.
Education expense reimbursement program
Under the bill, in the 2022-23 school year and in the summer semester or
session in 2023, a pupil enrolled in a public school, including a charter school, may
attend a course or purchase educational materials, and DPI must reimburse up to
$1,000 of the cost of attendance or purchase price for up to two courses or purchases
of educational materials.
A pupil that wants to attend a course for reimbursement under the bill must
apply to the educational institution or provider that offers the course. Public schools,
other than charter schools, institutions within the University of Wisconsin System,
technical colleges, tribally controlled colleges, and private, nonprofit institutions of
higher education located in this state are required to participate in the education
expense reimbursement program created in the bill. Charter schools, private
schools, tribal schools, and other educational providers DPI approves may choose

whether to participate. If an educational institution or provider participates in the
program (approved educational provider), the approved educational provider must
accept a pupil's application to attend a course if space is available in the course unless
certain conditions apply, and, if the approved educational provider receives more
applications than available spaces, the approved educational provider must accept
pupils on a random basis.
The parent of a pupil who wants to purchase educational materials for
reimbursement under the bill must, prior to purchasing the materials, submit a
notice to DPI describing the materials, listing what is included in the materials, and
specifying the materials' cost. DPI generally must approve such a request.
Under the bill, DPI must pay reimbursements in the 2023-24 school year. The
bill does not appropriate moneys in the current biennium to pay reimbursements
under the program. The bill provides that, if the amount available to DPI is
insufficient to pay the full reimbursement amounts, DPI must prorate the payments
among those eligible for reimbursement.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB970,1 1Section 1. 118.60 (2) (a) (intro.) of the statutes is amended to read:
AB970,3,72 118.60 (2) (a) (intro.) Subject to pars. (ag) and (ar), any pupil in grades
3kindergarten to 12 who resides within an eligible school district may attend any
4private school under this section and, subject to pars. (ag), (ar), (be), (bm), and (bs),
5any pupil in grades kindergarten to 12 who resides in a school district, other than
6an eligible school district or a 1st class city school district, may attend any private
7school under this section if all of the following apply:
AB970,2 8Section 2. 118.60 (2) (a) 1. of the statutes is repealed.
AB970,3 9Section 3. 118.60 (2) (a) 2. g. of the statutes is amended to read:
AB970,3,1210 118.60 (2) (a) 2. g. If the pupil resides in a school district, other than an eligible
11school district or a 1st class city school district, the pupil was on a waiting list under
12sub. s. 118.60 (3) (ar) 4. , 2019 stats., in any previous school year.
AB970,4
1Section 4. 118.60 (2) (be) of the statutes is repealed.
AB970,5 2Section 5. 118.60 (2) (bm) of the statutes is repealed.
AB970,6 3Section 6. 118.60 (3) (a) (intro.) of the statutes is amended to read:
AB970,4,164 118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit
5an application, on a form provided by the state superintendent, to the participating
6private school that the pupil wishes to attend. If more than one pupil from the same
7family applies to attend the same private school, the pupils may use a single
8application. No later than 60 days after the end of the application period during
9which an application is received and subject to par. (ar), the private school shall
10notify each applicant, in writing, whether his or her application has been accepted.
11If the private school rejects an application, the notice shall include the reason.
12Subject to par. (ar), a A private school may reject an applicant only if it has reached
13its maximum general capacity or seating capacity. Except as provided in par. (ar),
14the
The state superintendent shall ensure that the private school determines which
15pupils to accept on a random basis, except that the private school may give preference
16to the following in accepting applications, in the order of preference listed:
AB970,7 17Section 7. 118.60 (3) (ar) of the statutes is repealed.
AB970,8 18Section 8. 118.60 (3) (b) of the statutes is amended to read:
AB970,5,319 118.60 (3) (b) If a participating private school rejects an applicant who resides
20within an eligible school district because the private school has too few available
21spaces, the applicant may transfer his or her application to a participating private
22school that has space available. An applicant rejected under this paragraph may be
23admitted to a private school participating in the program under this section for the
24following school year, provided that the applicant continues to reside within an
25eligible school district. The department may not require, in that following school

1year, the private school to submit financial information regarding the applicant or
2to verify the eligibility of the applicant to participate in the program under this
3section on the basis of family income.
AB970,9 4Section 9. 118.60 (3) (c) of the statutes is amended to read:
AB970,5,165 118.60 (3) (c) If a participating private school rejects an applicant who resides
6in a school district, other than an eligible school district or a 1st class city school
7district, because the private school has too few available spaces, the applicant may
8transfer his or her application to a participating private school that has space
9available. An applicant who is rejected under this paragraph or an applicant who
10is on the waiting list under par. (ar) 4.
may, subject to sub. (2) (be), be admitted to a
11private school participating in the program under this section for the following school
12year, provided that the applicant continues to reside in a school district other than
13an eligible school district or a 1st class city school district. The department may not
14require, in that following school year, the private school to submit financial
15information regarding the applicant or to verify the eligibility of the applicant to
16participate in the program under this section on the basis of family income.
AB970,10 17Section 10. 118.60 (3m) (a) 2. of the statutes is amended to read:
AB970,5,2218 118.60 (3m) (a) 2. The pupil is enrolled in a grade from 9 to 12 and the family
19income of the pupil, as determined under sub. s. 118.60 (2) (a) 1., 2019 stats., does
20not exceed an amount equal to 2.2 3.0 times the poverty level determined in
21accordance with criteria established by the director of the federal office of
22management and budget.
AB970,11 23Section 11. 118.60 (3m) (b) 2. of the statutes is amended to read:
AB970,6,224 118.60 (3m) (b) 2. The family income of the pupil, as determined under sub. s.
25118.60
(2) (a) 1., 2019 stats., exceeds an amount equal to 2.2 3.0 times the poverty

1level determined in accordance with criteria established by the director of the federal
2office of management and budget.
AB970,12 3Section 12. 118.60 (4v) of the statutes is repealed.
AB970,13 4Section 13. 119.23 (2) (a) 1. of the statutes is repealed.
AB970,14 5Section 14. 119.23 (3) (b) of the statutes is amended to read:
AB970,6,146 119.23 (3) (b) If the private school rejects an applicant because it has too few
7available spaces, the applicant may transfer his or her application to a participating
8private school that has space available. An applicant rejected under this paragraph
9may be admitted to a private school participating in the program under this section
10for the following school year, provided that the applicant continues to reside within
11the city. The department may not require, in that following school year, the private
12school to submit financial information regarding the applicant or to verify the
13eligibility of the applicant to participate in the program under this section on the
14basis of family income.
AB970,15 15Section 15. 119.23 (3m) (a) 2. of the statutes is amended to read:
AB970,6,2016 119.23 (3m) (a) 2. The pupil is enrolled in a grade from 9 to 12 and the family
17income of the pupil, as determined under sub. s. 119.23 (2) (a) 1., 2019 stats., does
18not exceed an amount equal to 2.2 3.0 times the poverty level determined in
19accordance with criteria established by the director of the federal office of
20management and budget.
AB970,16 21Section 16. 119.23 (3m) (b) 2. of the statutes is amended to read:
AB970,6,2522 119.23 (3m) (b) 2. The family income of the pupil, as determined under sub. s.
23119.23
(2) (a) 1., 2019 stats., exceeds an amount equal to 2.2 3.0 times the poverty
24level determined in accordance with criteria established by the director of the federal
25office of management and budget.
AB970,17
1Section 17. 119.23 (4v) of the statutes is repealed.
AB970,18 2Section 18 . Nonstatutory provisions.
AB970,7,33 (1) Education expense reimbursement program.
AB970,7,44 (a) Definitions. In this subsection:
AB970,7,5 51. “Approved educational provider” means any of the following:
AB970,7,7 6a. A school board, as defined in s. 115.001 (7), in charge of a public school in a
7school district, other than a charter school.
AB970,7,10 8b. An institution within the University of Wisconsin System, a technical
9college, a tribally controlled college, or a private, nonprofit institution of higher
10education located in this state.
AB970,7,14 11c. Any of the following educational institutions that submits a notice of intent
12to participate under par. (f) 1.: the governing body of a charter school; the governing
13body of a private school, as defined in s. 115.001 (3r); or the governing body of a tribal
14school, as defined in s. 115.001 (15m).
AB970,7,17 15d. Any other educational provider the department approves to offer courses to
16pupils for reimbursement under this subsection, including educational providers
17that provide instruction through means of the Internet.
AB970,7,18 182. “Charter school” has the meaning given in s. 115.001 (1).
AB970,7,19 193. “Department” means the department of public instruction.
AB970,7,21 204. “Educational materials” means materials that a pupil's parent may use to
21educate the pupil, including curriculum or textbooks.
AB970,7,22 225. “Parent” includes a guardian.
AB970,7,23 236. “Resident school board" means the school board of a resident school district.
AB970,8,2 247. “Resident school district” means the school district in which a pupil resides
25or, if the pupil is attending school in a school district other than the pupil's resident

1school district pursuant to a whole grade sharing agreement under s. 118.50, the
2school district in which the pupil is attending school.
AB970,8,33 (b) Applicability.
AB970,8,6 41. In the 2022-23 school year and in the summer semester or session in 2023,
5a pupil enrolled in a public school, including a charter school, in this state may,
6subject to subd. 2., do any of the following:
AB970,8,8 7a. Attend a course offered by an approved educational provider for
8reimbursement under this subsection.
AB970,8,9 9b. Purchase educational materials for reimbursement under this subsection.
AB970,8,12 102. A pupil may receive reimbursement under this subsection for a total of no
11more than 2 courses attended or educational materials purchased under this
12subsection.
AB970,8,14 133. A pupil that attends a course under this subsection may not attend the same
14course under s. 118.52 or 118.55.
AB970,8,1515 (c) Pupil application procedures; attending courses.
AB970,8,19 161. The parent of a pupil who wants to attend a course under this subsection
17shall notify the department. No later than 10 days after the department receives the
18notice, the department shall inform the parent of how to apply to attend a course and
19the deadlines that apply under this subsection.
AB970,9,2 202. The parent of a pupil who wants to attend a course under this subsection
21shall submit an application, on a form provided by the department, to the approved
22educational provider offering the course not later than 6 weeks prior to the date on
23which the course is scheduled to commence. The application shall specify the course
24that the pupil wants to attend and may specify the school or schools at which the

1pupil wants to attend the course. The approved educational provider shall send a
2copy of the application to the department.
AB970,9,10 33. If an approved educational provider receives more applications for a
4particular course than there are spaces available in the course, the approved
5educational provider shall determine which pupils to accept on a random basis. The
6approved educational provider may reject an applicant only if there is no space
7available in the course, the applicant pupil does not meet the approved educational
8provider's admission requirements, or the course conflicts with the applicant pupil's
9individualized education program under s. 115.787 or services plan, as defined in 34
10CFR 300.37
.
AB970,9,19 114. If an approved educational provider receives an application for a course
12under subd. 2., no later than one week prior to the date on which the course is
13scheduled to commence, the approved educational provider shall notify the applicant
14and the department, in writing, whether the application is accepted and, if the
15application is accepted, the school at which the pupil may attend the course. The
16acceptance applies only for the following semester, school year, or other session in
17which the course is offered. If the approved educational provider rejects the
18application, the approved educational provider shall include in the notice the reason
19for the rejection.
AB970,9,24 205. If a pupil's parent receives notice of acceptance for the pupil to attend a
21course offered by an approved educational provider under subd. 4., the parent shall,
22prior to the date on which the course is scheduled to commence, notify the pupil's
23resident school board and the approved educational provider of the pupil's intent to
24attend the course.
AB970,10,10
1(d) Pupil application procedures; purchasing educational materials. The
2parent of a pupil who wants to purchase educational materials under this subsection
3for purposes of educating the pupil shall, prior to purchasing the educational
4materials, submit a notice to the department that describes the educational
5materials, lists what is included in the educational materials, and specifies the cost
6of the educational materials. No later than 10 days after the department receives
7the notice, the department shall inform the parent regarding whether the parent's
8request for reimbursement is approved and any deadlines that apply to the parent's
9request under this subsection. The department may reject a request under this
10paragraph only if the notice is incomplete or the limit under par. (b) 2 . applies.
AB970,10,1211 (e) Mandatory participation by school boards and institutions of higher
12education.
AB970,10,20 131. An approved educational provider specified in par. (a) 1. a . shall participate
14in the program under this subsection. Except as provided in par. (c) 3 ., an approved
15educational provider specified in par. (a ) 1. a . shall use the same policies and criteria
16for accepting and rejecting applications to attend a course under under par. (c) as the
17policies and criteria for entry into the course that apply to pupils who reside in the
18school district, except that, notwithstanding par. (c ) 3., the approved educational
19provider may give preference in attendance in a course to residents of the school
20district.
AB970,10,25 212. An approved educational provider specified in par. (a) 1. b . shall participate
22in the program under this subsection. An approved educational provider specified
23in par. (a) 1. b . shall adopt policies and criteria for accepting and rejecting
24applications to attend a course under par. (c ) and shall post a copy of those policies
25and criteria on the approved educational provider's Internet site.
AB970,11,5
1(f) Optional participation by private, tribal, and charter schools. An approved
2educational provider specified in par. (a ) 1. c . is not required to participate in the
3program under this subsection. An approved educational provider specified in par.
4(a) 1 . c. that wants to participate in the program shall, no later than June 1, 2022,
5do all of the following:
AB970,11,7 61. Notify the department that the approved educational provider intends to
7participate in the program.
AB970,11,9 82. Adopt a resolution specifying that the approved educational provider will
9participate in the program.
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