AB971: Bill Text

AB971,16 Section 16. 118.33 (7) of the statutes is created to read:

AB971,9,18 118.33 (7) (a) In this subsection, “good cause” means that any of the following applies to a pupil:

AB971,9,21 1. The pupil is a limited-English proficient pupil, as defined in s. 115.955 (7), who has had less than 2 school years of instruction in a program established under s. 115.96.

AB971,9,25 2. The pupil is a child with a disability, as defined in s. 115.76 (5), whose individualized education program under s. 115.787 or services plan, as defined in 34 CFR 300.37, includes a statement that it is not appropriate to administer the standardized 3rd grade reading test to the pupil.

AB971,10,2 3. The pupil is a child with a disability, as defined in s. 115.76 (5), who takes the standardized 3rd grade reading test and to whom any of the following applies:

AB971,10,4 a. The pupil has received at least 2 years of intensive reading intervention or remedial services and the pupil continues to demonstrate a deficiency in reading.

AB971,10,7 b. On at least one occasion, the pupil was not promoted from kindergarten to 1st grade, from 1st grade to 2nd grade, from 2nd grade to 3rd grade, or from 3rd grade to 4th grade.

AB971,10,9 4. The pupil demonstrates an acceptable level of reading proficiency on an alternative standardized assessment adopted or approved by the department.

AB971,10,10 5. All of the following apply to the pupil:

AB971,10,12 a. The pupil has received at least 2 years of intensive reading intervention or remedial services and the pupil continues to demonstrate a deficiency in reading.

AB971,10,15 b. On at least 2 occasions, the pupil was not promoted from kindergarten to 1st grade, from 1st grade to 2nd grade, from 2nd grade to 3rd grade, or from 3rd grade to 4th grade.

AB971,10,17 6. The pupil's parent or guardian enrolls the pupil in an accredited or licensed reading program outside regular school hours.

AB971,10,22 (b) 1. Except as provided in par. (c), a school board may not promote a 3rd grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 4th grade unless the pupil scores proficient or higher on the standardized 3rd grade reading test administered under s. 121.02 (1) (r).

AB971,11,2 2. Notwithstanding subd. 1., a school board may promote a 3rd grade pupil who does not meet the requirement under subd. 1. to the 4th grade if the school board determines that good cause exists to exempt the pupil from the requirement and all of the following conditions are met:

AB971,11,6 a. The pupil's teacher submits to the principal of the pupil's school documentation of the good cause reason that applies to the pupil, along with any other evidence that promoting the pupil is appropriate based on the pupil's academic performance.

AB971,11,10 b. The principal of the pupil's school discusses the documentation submitted under subd. 2. a. with the pupil's teacher and the pupil's parent or guardian, determines that promoting the pupil is appropriate, and submits to the school board a written recommendation that the pupil be promoted.

AB971,11,12 c. The pupil's parent or guardian agrees with the recommendation submitted under subd. 2. b.

AB971,11,14 d. The school board reviews the recommendation submitted under subd. 2. b. and agrees that promoting the pupil is appropriate.

AB971,11,18 (c) 1. The operator of a charter school under s. 118.40 (2r) or (2x) may not promote a 3rd grade pupil to the 4th grade unless the pupil scores proficient or higher on the standardized 3rd grade reading test administered under s. 118.40 (2r) (d) 2. or (2x) (d) 2.

AB971,11,22 2. Notwithstanding subd. 1., the operator of a charter school under s. 118.40 (2r) or (2x) may promote a 3rd grade pupil who does not meet the requirement under subd. 1. to the 4th grade if the operator determines that good cause exists to exempt the pupil from the requirement and all of the following conditions are met:

AB971,12,2 a. The pupil's teacher submits to the principal of the pupil's school documentation of the good cause reason that applies to the pupil, along with any other evidence that promoting the pupil is appropriate based on the pupil's academic performance.

AB971,12,6 b. The principal of the pupil's school discusses the documentation submitted under subd. 2. a. with the pupil's teacher and the pupil's parent or guardian, determines that promoting the pupil is appropriate, and submits to the operator a written recommendation that the pupil be promoted.

AB971,12,8 c. The pupil's parent or guardian agrees with the recommendation submitted under subd. 2. b.

AB971,12,10 d. The operator reviews the recommendation submitted under subd. 2. b. and agrees that promoting the pupil is appropriate.

AB971,12,14 (d) 1. The governing body of a private school participating in the program under s. 119.23 may not promote a 3rd grade pupil who is attending the private school under s. 119.23 to the 4th grade unless the pupil scores proficient or higher on the standardized 3rd grade reading test administered under s. 119.23 (7) (b) 1.

AB971,12,20 2. Notwithstanding subd. 1., the governing body of a private school participating in the program under s. 119.23 may promote a 3rd grade pupil who is attending the private school under s. 119.23 and who does not meet the requirement under subd. 1. to the 4th grade if the governing body determines that good cause exists to exempt the pupil from the requirement and all of the following conditions are met:

AB971,12,24 a. The pupil's teacher submits to the principal or administrator of the pupil's school documentation of the good cause reason that applies to the pupil, along with any other evidence that promoting the pupil is appropriate based on the pupil's academic performance.

AB971,13,4 b. The principal or administrator of the pupil's school discusses the documentation submitted under subd. 2. a. with the pupil's teacher and the pupil's parent or guardian, determines that promoting the pupil is appropriate, and submits to the governing body a written recommendation that the pupil be promoted.

AB971,13,6 c. The pupil's parent or guardian agrees with the recommendation submitted under subd. 2. b.

AB971,13,8 d. The governing body reviews the recommendation submitted under subd. 2. b. and agrees that promoting the pupil is appropriate.

AB971,13,12 (e) 1. The governing body of a private school participating in the program under s. 118.60 may not promote a 3rd grade pupil who is attending the private school under s. 118.60 to the 4th grade unless the pupil scores proficient or higher on the standardized 3rd grade reading test administered under s. 118.60 (7) (b) 1.

AB971,13,18 2. Notwithstanding subd. 1., the governing body of a private school participating in the program under s. 118.60 may promote a 3rd grade pupil who is attending the private school under s. 118.60 and who does not meet the requirement under subd. 1. to the 4th grade if the governing body determines that good cause exists to exempt the pupil from the requirement and all of the following conditions are met:

AB971,13,22 a. The pupil's teacher submits to the principal or administrator of the pupil's school documentation of the good cause reason that applies to the pupil, along with any other evidence that promoting the pupil is appropriate based on the pupil's academic performance.

AB971,14,2 b. The principal or administrator of the pupil's school discusses the documentation submitted under subd. 2. a. with the pupil's teacher and the pupil's parent or guardian, determines that promoting the pupil is appropriate, and submits to the governing body a written recommendation that the pupil be promoted.

AB971,14,4 c. The pupil's parent or guardian agrees with the recommendation submitted under subd. 2. b.

AB971,14,6 d. The governing body reviews the recommendation submitted under subd. 2. b. and agrees that promoting the pupil is appropriate.

AB971,17 Section 17. 118.40 (2r) (b) 2. m. of the statutes is created to read:

AB971,14,10 118.40 (2r) (b) 2. m. A requirement that the charter school governing board develop or adopt a program to identify and address pupils with dyslexia, as defined in s. 118.016 (1b) (b).

AB971,18 Section 18 . 118.40 (2r) (d) 3. of the statutes is created to read:

AB971,14,14 118.40 (2r) (d) 3. Ensure that the parents of pupils enrolled in charter schools under this subsection who are in grades kindergarten to 3 are not allowed to excuse those pupils from taking standardized tests.

AB971,19 Section 19. 118.40 (2x) (b) 2. m. of the statutes is created to read:

AB971,14,18 118.40 (2x) (b) 2. m. A requirement that the charter school governing board develop or adopt a program to identify and address pupils with dyslexia, as defined in s. 118.016 (1b) (b).

AB971,20 Section 20 . 118.40 (2x) (d) 3. of the statutes is created to read:

AB971,14,22 118.40 (2x) (d) 3. Ensure that the parents of pupils enrolled in charter schools under this subsection who are in grades kindergarten to 3 are not allowed to excuse those pupils from taking standardized tests.

AB971,21 Section 21. 118.44 (3) of the statutes is amended to read:

AB971,15,5 118.44 (3) Contract. The school board of an eligible school district may enter into a 5-year contract with the department on behalf of one or more schools in the school district that are eligible under sub. (2) (b). No achievement gap reduction contract entered into under this section may include a waiver of any requirement of or rule promulgated under the authority of this section. Beginning on the effective date of this subsection .... [LRB inserts date], the department may not enter into any new contracts.

AB971,22 Section 22. 118.44 (5) (a) of the statutes is amended to read:

AB971,15,10 118.44 (5) (a) Except as provided in par. pars. (b) and (c), a contract under this section may be renewed for one or more terms of 5 school years. No achievement gap reduction contract renewed under this section may include a waiver of any requirement of or rule promulgated under the authority of this section.

AB971,23 Section 23. 118.44 (5) (c) of the statutes is created to read:

AB971,15,13 118.44 (5) (c) Beginning on the effective date of this paragraph .... [LRB inserts date], the department may not renew a contract under this section.

AB971,24 Section 24. 118.44 (6) (a) of the statutes is repealed.

AB971,25 Section 25. 118.44 (6) (bm) (intro.) of the statutes is amended to read:

AB971,15,20 118.44 (6) (bm) (intro.) From In the 2021-22 and 2022-23 school years, from the appropriation under s. 20.255 (2) (cu), for each low-income pupil enrolled in a participating grade, the department shall pay to a school district that has entered into a contract with the department under this section an amount determined annually by the department as follows:

AB971,26 Section 26. 118.44 (6) (bm) 3. of the statutes is amended to read:

AB971,15,23 118.44 (6) (bm) 3. Divide the amount appropriated , as defined in s. 118.44 (6) (a), 2019 stats., by the sum of low-income pupils under subd. 2.

AB971,27 Section 27. 118.44 (6) (br) and (bw) of the statutes are created to read:

AB971,16,5 118.44 (6) (br) Subject to par. (bw), beginning in the 2023-24 school year, from the appropriation under s. 20.255 (2) (cu), the department shall pay to a school district that has entered into a contract with the department under this section an amount for each low-income pupil enrolled in a participating grade that is equal to the per pupil amount the department paid in the 2022-23 school year.

AB971,16,9 (bw) If, after subtracting the amount allocated under sub. (7) (a), the appropriation under s. 20.255 (2) (cu) in any fiscal year is insufficient to pay the full amount under par. (br), the department shall prorate the payments among the school districts entitled to receive the payments.

AB971,28 Section 28. 118.60 (2) (a) 10. of the statutes is created to read:

AB971,16,12 118.60 (2) (a) 10. The private school develops or adopts a program to identify and address pupils with dyslexia, as defined in s. 118.016 (1b) (b).

AB971,29 Section 29 . 118.60 (7) (e) of the statutes is amended to read:

AB971,16,19 118.60 (7) (e) Each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1t) or examinations permitted under s. 118.301 (3) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils. The private school may not allow parents of such pupils in any grade from kindergarten to 3 to excuse those pupils from taking a standardized test.

AB971,30 Section 30. 119.23 (2) (a) 10. of the statutes is created to read:

AB971,16,22 119.23 (2) (a) 10. The private school develops or adopts a program to identify and address pupils with dyslexia, as defined in s. 118.016 (1b) (b).

AB971,31 Section 31 . 119.23 (7) (e) of the statutes is amended to read:

AB971,17,4 119.23 (7) (e) Each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1s) or examinations permitted under s. 118.301 (3) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils. The private school may not allow parents of such pupils in any grade from kindergarten to 3 to excuse those pupils from taking a standardized test.

AB971,32 Section 32 . 121.02 (1t) of the statutes is created to read:

AB971,17,7 121.02 (1t) A school board may not allow the parent of a pupil who is in any grade from kindergarten to 3 to excuse the pupil from taking a standardized test.

AB971,33 Section 33 . Nonstatutory provisions.

AB971,17,9 (1) Grants to increase licensure of reading teachers.

AB971,17,12 (a) In this subsection, “eligible teacher” means a school district employee who holds a license, permit, or certificate to teach issued by the department of public instruction and who does not hold a reading teacher license, permit, or certificate.

AB971,17,16 (b) A school board may apply to the department of public instruction for a grant for the school district to provide support and financial assistance to its eligible teachers for the purpose of obtaining a license, permit, or certificate as a reading teacher.

AB971,17,19 (c) In the 2023-24 school year, from the appropriation under s. 20.255 (2) (cu), the department of public instruction may award grants under this subsection to school districts in amounts determined by the department.

AB971,17,23 (d) In awarding grants under this subsection, the department of public instruction shall give priority to applications submitted by school districts that have high numbers of pupils whose scores on the most recent standardized 3rd grade reading test were lower than proficient, as determined by the department.

AB971,18,6 (e) A school board that receives a grant under this subsection shall use the grant moneys to pay costs associated with eligible teachers obtaining licenses, permits, or certificates as reading teachers and shall pay to an eligible teacher who successfully obtains a reading teacher license, permit, or certificate a bonus payment of $1,000. The school board shall, no later than September 1, 2024, report to the department of public instruction the number of eligible teachers who obtained a reading teacher license, permit, or certificate using grant moneys under this subsection and an accounting of how grant moneys were spent.

AB971,18,14 (2) Sunset of achievement gap reduction program; report. No later than 30 days after the effective date of this subsection, the department of public instruction shall report to the appropriate standing committees of the legislature under s. 13.172 (3) an accounting of the moneys appropriated to the department under s. 20.255 (2) (cu) in the 2021-22 and 2022-23 fiscal years, including the amounts currently encumbered and unencumbered, an explanation of how the moneys have been and will be spent, and an estimate of the amount that will remain unencumbered at the end of the 2022-23 fiscal year.

AB971,34 Section 34. Initial applicability.

AB971,18,18 (1) Independent charter schools. The treatment of s. 118.40 (2r) (b) 2. m. and (2x) (b) 2. m. first applies to a contract that is entered into, renewed, or modified on the effective date of this subsection.

AB971,18,21 (2) Private schools participating in a parental choice program. The treatment of ss. 118.60 (2) (a) 10. and 119.23 (2) (a) 10. first applies to an application to attend a private school under s. 118.60 or 119.23 in the 2023-24 school year.

AB971,35 Section 35. Effective dates. This act takes effect on the day after publication, except as follows:

AB971,19,3 (1) Reading readiness assessments; parental notification. The renumbering and amendment of s. 118.016 (1r) and the creation of s. 118.016 (1r) (title), (b), and (c) take effect on July 1, 2023.

AB971,19,5 (2) Promotion of pupils. The treatment of s. 118.33 (7) takes effect on September 1, 2023.

AB971,19,7 (3) Grants to increase licensure of reading teachers. The treatment of s. 20.255 (2) (cu) (by Section 2 ) takes effect on July 1, 2024.

AB971,19,9 (4) Sunset of achievement gap reduction program. The treatment of s. 118.44 (6) (a) and (bm) 3. takes effect on July 1, 2023.

AB971,19,10 (End)