AB1042: Bill Text

AB1042,105 Section 105. 118.60 (2) (ag) 2. a. of the statutes, as affected by 2023 Wisconsin Act 2023 Wisconsin Act .... (this act), is repealed.

AB1042,106 Section 106. 118.60 (2) (ag) 2. b. of the statutes is repealed.

AB1042,107 Section 107. 118.60 (2) (ag) 2. c. of the statutes is created to read:

AB1042,,281 118.60 (2) (ag) 2. c. By the 3rd Monday in October immediately preceding the school year in which a new private school intends to participate in the program under this section, provide a surety bond payable to the state in an amount equal to the greater of $25,000 or 25 percent of the total payment the new private school expects to receive under the program under this section during its first school year participating in the program on the basis of the information submitted under subd. 1.

AB1042,108 Section 108. 118.60 (2) (ag) 2. c. of the statutes, as created by 2023 Wisconsin Act .... (this act), is renumbered 118.77 (2) (intro.) and amended to read:

AB1042,,283 118.77 (2) October submissions to department. (intro.) By the 3rd Monday in October immediately preceding the school year in which a new private school intends to participate in the choice program under this section, provide a , the new private school shall submit all of the following to the department:

AB1042,,284 (a) A surety bond payable to the state in an amount equal to the greater of $25,000 or 25 percent of the total payment the new private school expects to receive under the choice program under this section during its first school year participating in the choice program on the basis of the information submitted under subd. 1. sub. (1).

AB1042,109 Section 109. 118.60 (2) (ag) 4. of the statutes is amended to read:

AB1042,,286 118.60 (2) (ag) 4. Notwithstanding the deadline to obtain preaccreditation under par. (a) 7. b., by December 15 the 3rd Monday in October of the school year immediately preceding the school year in which the new private school intends to participate in the program under this section, obtain preaccreditation from a preaccrediting entity.

AB1042,110 Section 110. 118.60 (2) (ag) 4. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is repealed.

AB1042,111 Section 111. 118.60 (2) (ag) 5. of the statutes is renumbered 118.77 (4) and amended to read:

AB1042,,289 118.77 (4) Payroll service. By the first weekday in August 1 of the first school year in which the new private school intends to participate in the program under this section, choice program, the new private school shall demonstrate to the satisfaction of the department that the new private school has contracted with a 3rd-party payroll service that will remit federal and state payroll taxes for each employee of the new private school for the duration of the school year.

AB1042,112 Section 112. 118.60 (2) (ar) of the statutes is amended to read:

AB1042,,291 118.60 (2) (ar) By the first weekday in December 31 of the school year immediately preceding the school year in which a new private school intends to participate in the program under this section, the department shall notify the new private school in writing whether it has satisfied those requirements under par. (ag) that must be satisfied before December 31. If the department determines that the new private school has not satisfied those requirements, the new private school may not participate in the program under this section in the following school year, but may reinitiate the process under par. (ag) for the next following school year.

AB1042,113 Section 113. 118.60 (2) (ar) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is renumbered 118.77 (3) and amended to read:

AB1042,,293 118.77 (3) Compliance notice. By the first weekday in December of the school year immediately preceding the school year in which a new private school intends to participate in the choice program under this section, the department shall notify the new private school in writing whether it has satisfied those the requirements under par. (ag) that must be satisfied before December 31 subs. (1) and (2). If the department determines that the new private school has not satisfied those the requirements, the new private school may not participate in the choice program under this section in the following school year, but may reinitiate the process under par. (ag) for the next following a subsequent school year.

AB1042,114 Section 114. 118.60 (2) (be), (bm) and (bs) of the statutes are repealed.

AB1042,115 Section 115. 118.60 (2) (c) 1. of the statutes is renumbered 118.81 (1) (b) and amended to read:

AB1042,,296 118.81 (1) (b) Notwithstanding par. (a) 6., a A teacher employed by a participating private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor’s degree or a teaching license issued by the department.

AB1042,116 Section 116. 118.60 (2) (c) 2. of the statutes is renumbered 118.81 (2) (b) and amended to read:

AB1042,,298 118.81 (2) (b) Notwithstanding par. (a) 6., an An administrator of a participating private school participating in the program under this section that prepares and trains pupils attending the participating private school in rabbinical studies is not required to have a bachelor’s degree or a teaching license or administrator license issued by the department.

AB1042,117 Section 117. 118.60 (2) (d) of the statutes is renumbered 118.73 (2) and amended to read:

AB1042,,300 118.73 (2) Combined private school. (a) In this paragraph subsection:

AB1042,,301 1. “Agreement year” means the first school year during which a combined private school and a participating private school participating in the program under this section are governed by the same governing body under a governing body agreement.

AB1042,,302 2. “Combined private school” means a private school that enters into a governing body agreement and did not participate in the choice program under this section in the school year preceding the agreement year.

AB1042,,303 3. “Governing body agreement” means an agreement to be governed by the same governing body that is entered into by a participating private school participating in the program under this section and a private school that is not participating in the choice program under this section.

AB1042,,304 (b) If a combined private school participates in the choice program under this section during the agreement year or the school year following the agreement year, the prior year attendance requirements under par. (a) 2. s. 118.72 (1) (c) do not apply to a pupil who applies to attend the combined private school under this section the choice program during the agreement year or the school year following the agreement year.

AB1042,118 Section 118. 118.60 (3) (a) (intro.) of the statutes is renumbered 118.72 (3) (a) and amended to read:

AB1042,,306 118.72 (3) (a) The Application. Except as provided in s. 118.71, a pupil or the a pupil’s parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend under the choice program. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application.

AB1042,,307 (b) Pupil eligibility notification. No later than 60 days after the end of the application period during which an application is received and subject to par. (ar), the, a participating private school shall notify each applicant, in writing, whether his or her the applicant’s application has been accepted. If the participating private school rejects an application, the notice shall include the reason. Subject to par. (ar), a A participating private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. Except as provided in par. (ar), the pupil is not eligible under this subchapter or if the number of applications exceed the number of available choice program seats in the grade for which the pupil applied and the pupil is not selected to receive a choice program seat.

AB1042,,308 (c) Random selection process. The state superintendent shall ensure that the each participating private school determines which pupils to accept on a random basis, except that the private school may give preference to the following in accepting applications, in the order of preference listed:

AB1042,119 Section 119. 118.60 (3) (a) 1m., 2m., 3., 4. and 5. of the statutes are renumbered 118.72 (3) (c) 1., 2., 3., 4. and 5., and 118.72 (3) (c) 1., 2., 3. and 5., as renumbered, are amended to read:

AB1042,,310 118.72 (3) (c) 1. Pupils who attended the participating private school under this section or s. 119.23 the choice program during the previous school year.

AB1042,,311 2. Siblings of pupils described in subd. 1m. 1.

AB1042,,312 3. Pupils who attended a different participating private school under this section or s. 119.23 the choice program during the previous school year.

AB1042,,313 5. Siblings of those pupils who have been randomly accepted to attend the participating private school under this section the choice program and who did not attend a participating private school under this section or s. 119.23 the choice program during the previous school year.

AB1042,120 Section 120. 118.60 (3) (ar) of the statutes is repealed.

AB1042,121 Section 121. 118.60 (3) (b) of the statutes is repealed.

AB1042,122 Section 122. 118.60 (3) (c) of the statutes is repealed.

AB1042,123 Section 123. 118.60 (3) (d) of the statutes is repealed.

AB1042,124 Section 124. 118.60 (3m) (a) of the statutes is renumbered 118.82 (1), and 118.82 (1) (intro.) and (b), as renumbered, are amended to read:

AB1042,,319 118.82 (1) Prohibited tuition and payments. (intro.) A participating private school participating in the program under this section may not charge or receive any additional tuition payment for a pupil participating in the choice program under this section other than the payment the school receives under sub. (4) and, if applicable, sub. (4m) s. 118.84, if either any of the following applies:

AB1042,,320 (b) The pupil is enrolled in a grade from 9 to 12 and the family income of the pupil, as determined under sub. (2) (a) 1. s. 118.72, does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

AB1042,125 Section 125. 118.60 (3m) (am) of the statutes is renumbered 118.82 (4), and 118.82 (4) (a) (intro.), 2., 4. and 8. and (b), as renumbered, are amended to read:

AB1042,,322 118.82 (4) (a) (intro.) Beginning in the 2011-12 school year, a A participating private school participating in the program under this section may recover the cost of providing the following to a pupil participating in the choice program under this section through reasonable fees in an amount determined by the participating private school and charged to the pupil, except that no participating private school may retroactively recover any uncollected costs incurred prior to November 19, 2011:

AB1042,,323 2. Social and extracurricular activities if not necessary to the participating private school’s curriculum.

AB1042,,324 4. Meals consumed by pupils of the participating private school.

AB1042,,325 8. Room and board at the participating private school.

AB1042,,326 (b) A participating private school may not prohibit an eligible pupil from attending the participating private school, expel, or otherwise discipline the pupil, or withhold or reduce the pupil’s grades because the pupil or the pupil’s parent or guardian cannot does not pay or has not paid fees charged under subd. 1. par. (a).

AB1042,126 Section 126. 118.60 (3m) (b) of the statutes is renumbered 118.82 (2), and 118.82 (2) (intro.) and (b), as renumbered, are amended to read:

AB1042,,328 118.82 (2) Allowable tuition and payments. (intro.) Beginning in the 2011-12 school year, a A participating private school participating in the program under this section may, in addition to the payment it receives for a pupil under sub. (4) and, if applicable, sub. (4m) s. 118.84, charge the pupil tuition in an amount determined by the participating private school if both all of the following apply:

AB1042,,329 (b) The family income of the pupil, as determined under sub. (2) (a) 1. s. 118.72, exceeds an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

AB1042,127 Section 127. 118.60 (3m) (c) of the statutes is renumbered 118.82 (3) and amended to read:

AB1042,,331 118.82 (3) Appeal; participating private school. A participating private school participating in the program under this section shall determine whether the participating private school may charge additional tuition to a pupil on the basis of the pupil’s family income as permitted allowed under par. (b) sub. (2). The participating private school shall establish a process for accepting an appeal to the governing body of the participating private school of the determination made under this paragraph subsection.

AB1042,128 Section 128. 118.60 (4) (a) of the statutes is renumbered 118.80 (8) and amended to read:

AB1042,,333 118.80 (8) Summer school attendance report. Annually, on or before the Monday after the 3rd Friday in September 15, a participating private school participating in the program under this section shall file with the department a report stating its summer daily attendance for each day of summer school for the purpose of sub. (4m) s. 118.84 (2).

AB1042,129 Section 129. 118.60 (4) (bg) 1., 2. and 4. of the statutes are repealed.

AB1042,130 Section 130. 118.60 (4) (bg) 3. of the statutes, as affected by 2023 Wisconsin Act 11, is renumbered 118.84 (1) (b) and amended to read:

AB1042,,336 118.84 (1) (b) In the 2015-16 2025-26 school year and in each school year thereafter, upon receipt from the pupil’s parent or guardian of proof of the pupil’s enrollment in the private school during a school term, except as provided in subd. 5., the state superintendent shall pay to the participating private school in which the pupil is enrolled on behalf of the pupil’s parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the sum of the maximum amount per pupil the state superintendent paid a participating private school under this section in the previous school year for the grade in which the pupil is enrolled; in the 2023-24 school year, if the pupil is enrolled in a grade from kindergarten to 8, 10 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; 90 percent of the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive, if the pupil is enrolled in a grade from kindergarten to 8, or if the pupil is enrolled in a grade from 9 to 12, the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, if the pupil is enrolled in a grade from 9 to 12, 26.8 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

AB1042,131 Section 131. 118.60 (4) (bg) 5. of the statutes, as affected by 2023 Wisconsin Act 11, is repealed.

AB1042,132 Section 132. 118.60 (4) (c) of the statutes is renumbered 118.84 (3) and amended to read:

AB1042,,339 118.84 (3) Payment installments. The state superintendent shall pay 25 percent of the total amount under this subsection sub. (1) in September, 25 percent in November, 25 percent in February, and 25 percent in May. Each installment may consist of a single check for all pupils attending the participating private school under this section the choice program. The state superintendent shall include the entire amount under sub. (4m) (2) in the November installment, but the payment shall be made in a separate check from the payment under this subsection sub. (1).

AB1042,133 Section 133. 118.60 (4d) (a) of the statutes is renumbered 118.84 (4) (a) (intro.) and amended to read:

AB1042,,341 118.84 (4) (a) (intro.) In this subsection, “incoming choice pupil” means a pupil who resides in a school district, other than a 1st class city school district, who begins satisfies all of the following criteria:

AB1042,,342 2. The pupil began participating in the program under this section in s. 118.60, 2023 stats., during the period beginning with the 2015-16 school year or any and ending with the 2025-26 school year thereafter, and who or begins participating in the choice program in the 2026-27 school year or any school year thereafter.

AB1042,,343 3. The pupil is enrolled in a participating private school under this section the choice program.

AB1042,134 Section 134. 118.60 (4d) (b) of the statutes is renumbered 118.84 (4) (b), and 118.84 (4) (b) 1. (intro.) and a. to d., as renumbered, are amended to read:

AB1042,,345 118.84 (4) (b) 1. (intro.) Beginning in the 2015-16 school year, subject Subject to s. 121.085 (1), the department shall decrease a school district’s state aid payment under s. 121.08 by an amount calculated as follows:

AB1042,,346 a. Identify the incoming choice pupils residing in the school district for whom a payment is made under sub. (4) (bg) (1) in that school year.

AB1042,,347 b. Sum the payments made under sub. (4) (bg) (1) for all of the pupils identified under subd. 1. a. for that school year.

AB1042,,348 c. Identify the incoming choice pupils residing in the school district for whom a payment is made under sub. (4m) (2) in that school year.

AB1042,,349 d. Sum the payments made under sub. (4m) (a) (2) for all of the pupils identified under subd. 1. c. for that school year.

AB1042,135 Section 135. 118.60 (4m) of the statutes is renumbered 118.84 (2), and 118.84 (2) (a) and (b) 1. and 2., as renumbered, are amended to read:

AB1042,,351 118.84 (2) (a) In addition to the payment under sub. (4) (1), the state superintendent shall, subject to par. (b), pay to each participating private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending summer school in the participating private school under this section during a summer and in the manner described in sub. (4) (c) (3), an amount determined as follows:

AB1042,,352 1. Determine the maximum amount that could have been paid, at the end of the immediately preceding school term, per pupil under sub. (4) (bg) (1) for the grade in which the pupil is attending summer school under this section the choice program.

AB1042,,353 2. If the pupil attended summer school for at least 15 days of summer instruction at the participating private school during that summer, multiply the amount under subd. 1. by 0.05.

AB1042,,354 3. If the pupil attended summer school for less than 15 days of summer instruction at the participating private school during that summer, multiply the amount under subd. 1. by 0.05 by the quotient determined by dividing the number of days of summer instruction the pupil attended during that summer by 15.

AB1042,,355 (b) 1. The participating private school offers no fewer than 19 summer days of instruction during that summer.

AB1042,,356 2. Each summer day of instruction offered by the participating private school under subd. 1. is comprised of no fewer than 270 minutes of instruction.

AB1042,136 Section 136. 118.60 (4r) of the statutes is renumbered 118.84 (5), and 118.84 (5) (intro.) and (a), as renumbered, are amended to read:

AB1042,,358 118.84 (5) Participating private school closure. (intro.) If, after the 3rd Friday in September in any school year, a participating private school participating in the program under this section closes, for each installment under sub. (4) (c) (3) that was not paid to the participating private school in that school year, the state superintendent shall pay to the school board of the school district within which the pupil resides, from the appropriation under s. 20.255 (2) (fv), the amount determined, for each pupil who had been attending the participating private school under this section the choice program in that school year and who enrolls in the school district within which the pupil resides in that school year, as follows:

AB1042,,359 (a) Multiply the amount determined under sub. (4) (bg) (1) by 0.616.

AB1042,137 Section 137. 118.60 (4s) of the statutes is renumbered 118.84 (6) and amended to read:

AB1042,,361 118.84 (6) Special Needs Scholarship Program pupils. Notwithstanding subs. (4), (4d), (4m), and (4r) (1) to (5), a pupil attending a participating private school participating in the program under this section who is receiving a scholarship under s. 115.7915 shall may not be counted under this section as a pupil attending the participating private school under this section under sub. (4), (4d), (4m), or (4r) the choice program.

AB1042,138 Section 138. 118.60 (4v) of the statutes is repealed.

AB1042,139 Section 139. 118.60 (5) of the statutes is renumbered 118.87 (5) and amended to read:

AB1042,,364 118.87 (5) Annual notice; pupils. The state superintendent shall ensure Ensure that pupils and parents and guardians of pupils who reside in this state are informed annually of the private schools participating in the choice program under this section and in the program under s. 119.23.

AB1042,140 Section 140. 118.60 (6) of the statutes is renumbered 118.86 and amended to read:

AB1042,,366 118.86 School district; duties. The A school board of a school district shall provide transportation to pupils attending a participating private school under this section the choice program if required under s. 121.54 and may claim transportation aid under s. 121.58 for pupils so transported.