AB1042: Bill Text

AB1042,,154 118.125 (4) Transfer of records. No later than the next working day, a school district, a private school participating in the private school choice program under s. 118.60 or in the program under s. 119.23, and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall transfer to another school, including a private or tribal school, or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). In this subsection, “school” and “school district” include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled that provides an educational program for its residents instead of or in addition to that which is provided by public, private, and tribal schools.

AB1042,49 Section 49. 118.30 (1g) (a) 3. of the statutes is amended to read:

AB1042,,156 118.30 (1g) (a) 3. The governing body of each private school participating in the program under s. 119.23 and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

AB1042,50 Section 50. 118.30 (1g) (a) 4. of the statutes is amended to read:

AB1042,,158 118.30 (1g) (a) 4. The governing body of each private school participating in the private school choice program under s. 118.60 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

AB1042,51 Section 51. 118.30 (1s) (intro.) of the statutes is amended to read:

AB1042,,160 118.30 (1s) (intro.) Annually, the governing body of each private school participating in the program under s. 119.23, other than a private school at which fewer than 20 pupils in grades 3 to 12 are attending the school under the program under s. 119.23, and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall do all of the following:

AB1042,52 Section 52. 118.30 (1s) (a) of the statutes is amended to read:

AB1042,,162 118.30 (1s) (a) Administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 4th grade in the private school under s. 119.23.

AB1042,53 Section 53. 118.30 (1s) (b) of the statutes is amended to read:

AB1042,,164 118.30 (1s) (b) Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 8th grade in the private school under s. 119.23.

AB1042,54 Section 54. 118.30 (1s) (bm) of the statutes is amended to read:

AB1042,,166 118.30 (1s) (bm) Beginning in the 2014-15 school year, in In the spring session, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 9th grade in the private school under s. 119.23.

AB1042,55 Section 55. 118.30 (1s) (c) of the statutes is amended to read:

AB1042,,168 118.30 (1s) (c) In the spring session, administer the 10th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 10th grade in the private school under s. 119.23.

AB1042,56 Section 56. 118.30 (1s) (cm) of the statutes is amended to read:

AB1042,,170 118.30 (1s) (cm) Beginning in the 2014-15 school year in In the spring session, administer the 11th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 11th grade in the private school under s. 119.23.

AB1042,57 Section 57. 118.30 (1s) (d) of the statutes is amended to read:

AB1042,,172 118.30 (1s) (d) Administer to pupils attending the private school under s. 119.23 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under 20 USC 6311 (b) (2).

AB1042,58 Section 58. 118.30 (1t) of the statutes is amended to read:

AB1042,,174 118.30 (1t) Annually, the governing body of each private school participating in the private school choice program under s. 118.60, other than a private school at which fewer than 20 pupils in grades 3 to 12 are attending the school under the private school choice program under s. 118.60, shall do all of the following:

AB1042,,175 (a) Administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 4th grade in the private school under s. 118.60 the private school choice program.

AB1042,,176 (b) Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 8th grade in the private school under s. 118.60 the private school choice program.

AB1042,,177 (bm) Beginning in the 2014-15 school year, in In the spring session, administer the 9th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 9th grade in the private school under s. 118.60 the private school choice program.

AB1042,,178 (c) In the spring session, administer the 10th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 10th grade in the private school under s. 118.60 the private school choice program.

AB1042,,179 (cm) Beginning in the 2014-15 school year, in In the spring session, administer the 11th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 11th grade in the private school under s. 118.60 the private school choice program.

AB1042,,180 (d) Administer to pupils attending the private school under s. 118.60 the private school choice program all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under 20 USC 6311 (b) (2).

AB1042,,181 (e) If the governing body of the private school maintains an Internet site a website for the school, annually publish information on that Internet site website about the examinations administered under this subsection to pupils in the school.

AB1042,59 Section 59. 118.30 (2) (b) 1. of the statutes is amended to read:

AB1042,,183 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board, operator of the charter school under s. 118.40 (2r) or (2x), or governing body of the private school participating in the private school choice program under s. 118.60, or governing body of the private school participating in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).

AB1042,60 Section 60. 118.30 (2) (b) 2. of the statutes is amended to read:

AB1042,,185 118.30 (2) (b) 2. According to criteria established by the state superintendent by rule, the school board, operator of the charter school under s. 118.40 (2r) or (2x), or governing body of the private school participating in the private school choice program under s. 118.60, or governing body of the private school participating in the program under s. 119.23 may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language, or may modify the format and administration of an examination for such pupils.

AB1042,61 Section 61. 118.30 (2) (b) 5. of the statutes is repealed.

AB1042,62 Section 62. 118.30 (2) (b) 6. of the statutes is amended to read:

AB1042,,188 118.30 (2) (b) 6. Upon the request of a pupil’s parent or guardian, the governing body of a private school participating in the private school choice program under s. 118.60 shall excuse the pupil from taking an examination administered under sub. (1t) (a) to (cm) or s. 118.301 (3).

AB1042,63 Section 63. 118.30 (5m) of the statutes is amended to read:

AB1042,,190 118.30 (5m) When determining the percentage of pupils participating in the private school choice program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) (1t) or s. 118.301 (3), the department shall consider only the pupils participating in the private school choice program under s. 119.23 to whom the examinations were administered at each grade level, and shall exclude from consideration those pupils participating in the private school choice program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5. 6.

AB1042,64 Section 64. 118.301 (3) (c) of the statutes is repealed.

AB1042,65 Section 65. 118.301 (3) (d) of the statutes is amended to read:

AB1042,,193 118.301 (3) (d) Notwithstanding s. 118.30 (1t), beginning in the first full school year following the date on which the research center submitted the list of approved examinations to the department under sub. (2) (a), the governing body of a private school participating in a the private school choice program under s. 118.60 that is required to administer an examination under s. 118.30 (1t) is not required to administer an examination adopted or approved by the state superintendent under s. 118.30 (1) in any grade for which an examination is required to be administered under s. 118.30 if the governing body administers in that grade an alternative examination approved by the research center under sub. (2). If the governing body of the private school elects to administer an alternative examination under this paragraph, the governing body shall notify the department of its intent to administer the examination and shall publish that fact and information about the examination on the school’s Internet site website.

AB1042,66 Section 66. 118.301 (4) (a) of the statutes is amended to read:

AB1042,,195 118.301 (4) (a) If a school board, an operator of a charter school under s. 118.40 (2r) or (2x), or the governing body of a private school participating in a the private school choice program under s. 118.60 or 119.23 administers an alternative examination under sub. (3), the school board, operator, or governing body shall submit the examination results to the research center.

AB1042,67 Section 67. 118.33 (1) (f) 2m. of the statutes is amended to read:

AB1042,,197 118.33 (1) (f) 2m. The governing body of each private school participating in the program under s. 119.23 and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall develop and periodically review and revise a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 119.23 or the school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119. The criteria shall include the pupil’s academic performance, successful completion of the civics test under sub. (1m) (a), and the recommendations of teachers.

AB1042,68 Section 68. 118.33 (1) (f) 2r. of the statutes is amended to read:

AB1042,,199 118.33 (1) (f) 2r. The governing body of each private school participating in the private school choice program under s. 118.60 shall develop and periodically review and revise a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 118.60 the private school choice program. The criteria shall include the pupil’s academic performance, successful completion of the civics test under sub. (1m) (a), and the recommendations of teachers.

AB1042,69 Section 69. 118.33 (1) (f) 3. of the statutes is amended to read:

AB1042,,201 118.33 (1) (f) 3. Neither a school board nor an operator of a charter school under s. 118.40 (2r) or (2x) nor an individual or group or person that, pursuant to s. 115.999 (3), 119.33 (2) (c) 1. or 2., or 119.9002 (3) (a) or (b), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board’s or charter school’s policy under subd. 1. or 2. Neither the governing body of a private school participating in the program under s. 119.23 nor a A governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 may not grant a high school diploma to any pupil attending the private school under s. 119.23 or the school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 unless the pupil has satisfied the criteria specified in the governing body’s policy under subd. 2m. The governing body of a private school participating in the private school choice program under s. 118.60 may not grant a high school diploma to any pupil attending the private school under s. 118.60 the private school choice program unless the pupil has satisfied the criteria specified in the governing body’s policy under subd. 2r.

AB1042,70 Section 70. 118.33 (1m) (a) 1. of the statutes is amended to read:

AB1042,,203 118.33 (1m) (a) 1. Beginning in the 2016-17 school year, no No school board, operator of a charter school under s. 118.40 (2r) or (2x), or governing body of a private school participating in a the private school choice program under s. 118.60 or 119.23 may, except as provided in subd. 2. and subject to the policies under sub. (2) (m), grant a high school diploma to any pupil unless the pupil takes, during the high school grades, a civics test comprised of 100 questions that are identical to the 100 questions that may be asked of an individual during the process of applying for U.S. citizenship by the United States Citizenship and Immigration Services and the pupil correctly answers at least 65 of those questions.

AB1042,71 Section 71. 118.33 (1m) (a) 2. a. of the statutes is amended to read:

AB1042,,205 118.33 (1m) (a) 2. a. Except as provided in subd. 2. b., a school board, operator of a charter school under s. 118.40 (2r) or (2x), and governing body of a private school participating in a the private school choice program under s. 118.60 or 119.23 shall require a pupil for whom an individualized education program under s. 115.787 is in effect and a parentally placed child with a disability, as defined in 34 CFR 300.130, to complete the civics test described under subd. 1. but may not condition graduation on the successful completion of the test.

AB1042,72 Section 72. 118.33 (1m) (a) 2. b. of the statutes is amended to read:

AB1042,,207 118.33 (1m) (a) 2. b. If a pupil’s individualized education program under s. 115.787 or a services plan, as defined in 34 CFR 300.37, includes a statement that it is not appropriate to administer the civics test under subd. 1. to the pupil, a school board, operator of a charter school under s. 118.40 (2r) or (2x), and governing body of a private school participating in a the private school choice program under s. 118.60 or 119.23 may not make completion of the civics test described under subd. 1. a condition of graduation for that pupil.

AB1042,73 Section 73. 118.33 (1m) (a) 3. of the statutes is amended to read:

AB1042,,209 118.33 (1m) (a) 3. A school board, operator of a charter school under s. 118.40 (2r) or (2x), and governing body of a private school participating in a the private school choice program under s. 118.60 or 119.23 shall permit a limited-English proficient pupil, as defined in s. 115.955 (7), to take the civics test described under subd. 1. in the pupil’s language of choice.

AB1042,74 Section 74. 118.33 (1m) (b) of the statutes is amended to read:

AB1042,,211 118.33 (1m) (b) A school board, operator of a charter school under s. 118.40 (2r) or (2x), and governing body of a private school participating in a the private school choice program under s. 118.60 or 119.23 may determine the format of the civics test required under this subsection and when in the school year to administer the test.

AB1042,75 Section 75. 118.33 (6) (c) of the statutes, as affected by 2023 Wisconsin Act 20, is repealed.

AB1042,76 Section 76. 118.33 (6) (cr) of the statutes, as affected by 2023 Wisconsin Act 20, is amended to read:

AB1042,,214 118.33 (6) (cr) 1. The governing body of each private school participating in the private school choice program under s. 118.60 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 118.60 the private school choice program from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil’s score on the examination administered under s. 118.30 (1t) (a) or (b) or s. 118.301 (3), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil’s academic performance; the recommendations of teachers, which shall be based solely on the pupil’s academic performance; and any other academic criteria specified by the governing body of the private school.

AB1042,,215 2. The governing body of a private school participating in the private school choice program under s. 118.60 may not promote a 4th grade pupil who is attending the private school under s. 118.60 the private school choice program to the 5th grade, and may not promote an 8th grade pupil who is attending the private school under s. 118.60 the private school choice program to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the governing body’s policy under subd. 1.

AB1042,,216 3. By July 1, 2025, the governing body of each private school participating in the private school choice program under s. 118.60 shall adopt a written policy specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that includes at least a requirement to provide to a pupil promoted to 4th grade who scored below grade-level in reading on the examination under s. 121.02 (1) (r) the services described in sub. (5m) (a) 1. to 3. and a good cause exception similar to the exception under sub. (5m) (b). Beginning on September 1, 2027, the governing body of a private school participating in the private school choice program under s. 118.60 may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the governing body’s policy under this subdivision.

AB1042,77 Section 77. 118.38 (4) of the statutes is repealed.

AB1042,78 Section 78. 118.40 (2r) (e) 2p. a. of the statutes is amended to read:

AB1042,,219 118.40 (2r) (e) 2p. a. Add the amounts appropriated in the current fiscal year under s. 20.255 (2), except s. 20.255 (2) (ac), (aw), (az), (bb), (dj), (du), (fm), (fp), (fq), (fr), (fu), (k), and (m); and s. 20.505 (4) (es); and the amount, as determined by the secretary of administration, of the appropriation under s. 20.505 (4) (s) allocated for payments to telecommunications providers under contracts with school districts and cooperative educational service agencies under s. 16.971 (13).

AB1042,79 Section 79. 118.56 (1) of the statutes is amended to read:

AB1042,,221 118.56 (1) Require a pupil in the program to work at least 280 hours per school year for an employer that complies with sub. (3). Hours of instruction may not be used to satisfy the work requirements under this subsection. Hours that fulfill the work requirements under this subsection shall be counted as hours of direct pupil instruction, as provided under ss. 118.60 (2) (a) 8. and 119.23 (2) (a) 8. s. 118.79 (1).

AB1042,80 Section 80. 118.57 (1) of the statutes is amended to read:

AB1042,,223 118.57 (1) Annually, by January 31, each school board shall publish as a class 1 notice, under ch. 985, and post on its Internet site website a description of the educational options available to children in the school district, including public schools, private schools participating in a parental the private school choice program, charter schools, virtual schools, full-time or part-time open enrollment in a nonresident school district, the youth apprenticeship program under s. 106.13, and the early college credit program. A school board that does not operate high school grades is not required to include an educational option offered only to high school pupils in a description of educational options under this subsection.

AB1042,81 Section 81. 118.57 (2) of the statutes is amended to read:

AB1042,,225 118.57 (2) The school board shall include in the notice under sub. (1) the most recent performance category assigned under s. 115.385 (1) (b) to each school within the school district boundaries, including charter schools established under s. 118.40 (2r) or (2x) and private schools participating in a parental the private school choice program under s. 118.60 or 119.23. The notice published by the school board shall inform parents that the full school and school district accountability report is available on the school board’s Internet site website.

AB1042,82 Section 82. 118.60 (title) and (1) (am) of the statutes are repealed.

AB1042,83 Section 83. 118.60 (1) (intro.), (ab), (ad), (af), (ag), (bn), (c), (cm), (d) and (g) of the statutes are renumbered 118.70 (intro.), (1), (2), (4), (5), (10), (13), (14), (15) and (19), and 118.70 (intro.), (2), (4), (5) (intro.) and (c), (10) (a) (intro.) and (b), (13) and (14), as renumbered, are amended to read:

AB1042,,228 118.70 Definitions. (intro.) In this section subchapter:

AB1042,,229 (2) “Administrator” means the superintendent, supervising principal, executive director, or other person who acts as the administrative head of a participating private school participating in the program under this section.

AB1042,,230 (4) “Disqualified accrediting organization” means an accrediting organization that is not an accrediting entity or a member of or otherwise sanctioned by an accrediting entity.

AB1042,,231 (5) (intro.) “Disqualified person” means a person who, when a private school was barred or terminated from participation in the choice program under this section by an order issued under sub. (10) s. 118.85 or s. 118.60 (10), 2023 stats., or s. 119.23 (10), 2023 stats., satisfied at least one of the following:

AB1042,,232 (c) Was responsible for an action or circumstance that led to the private school being barred or terminated from participation in the choice program under this section.

AB1042,,233 (10) (a) (intro.) Except as provided in subd. 2. par. (b), “new private school” means a school that qualifies as a private school under s. 115.001 (3r) and that satisfies either of the following:

AB1042,,234 (b) “New private school” does not include a private school the governing body of which operates or manages a private school that is participating in the choice program under this section or under s. 119.23 if all of the following apply:

AB1042,,235 1. No payment has been withheld from any private school operated or managed by the governing body under sub. s. 118.85 or s. 118.60 (10) (d) or, 2023 stats., or s. 119.23 (10) (d), 2023 stats., in the 3 immediately preceding school years.

AB1042,,236 2. No order barring any private school operated or managed by the governing body from participating in the choice program under this section or s. 119.23 has been issued under sub. s. 118.85 or s. 118.60 (10) (a), (am), (ar), or (b) or under, 2023 stats., or s. 119.23 (10) (a), (am), (ar), or (b), 2023 stats., in the 3 immediately preceding school years.

AB1042,,237 (13) “Preaccreditation” means the review and approval of an educational plan. Review of an education educational plan includes consideration of whether the school submitting the plan meets the requirements under s. 118.165 (1). The fact that a private school has obtained preaccreditation does not require an accrediting entity to accredit the private school.

AB1042,,238 (14) “Preaccrediting entity” means the Institute for the Transformation of Learning at Marquette University, Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, Wisconsin Association of Christian Schools, Christian Schools International, Association of Christian Schools International, and the diocese or archdiocese within which a private school is located.

AB1042,84 Section 84. 118.60 (2) (a) (intro.) of the statutes is renumbered 118.72 (1) (intro.) and amended to read:

AB1042,,240 118.72 (1) Eligibility. (intro.) Subject to pars. (ag) and (ar), any Any pupil in grades kindergarten to 12 who resides within an eligible school district in this state may attend any a participating private school under this section and, subject to pars. (ag), (ar), (be), (bm), and (bs), any pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, may attend any private school under this section the choice program if all of the following apply:

AB1042,85 Section 85. 118.60 (2) (a) 1. a. of the statutes is renumbered 118.72 (1) (a) and amended to read:

AB1042,,242 118.72 (1) (a) Except as provided in par. (bm) Racine pupils and Milwaukee pupils. For a Racine pupil or a Milwaukee pupil, the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil’s parents or legal guardians. Except as provided in subd. 1. c. and d., the family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section.