AB1042: Bill Text

AB1042,,475 118.85 (1) Barred; current school year. (intro.) The state superintendent may issue an order barring a private school from participating in the choice program under this section in the current school year if the state superintendent determines that the private school has done any of the following:

AB1042,,476 (a) Intentionally or negligently misrepresented any information required under this section subchapter or any rule promulgated under this section subchapter.

AB1042,,477 (b) Failed to provide the notice or pay the fee required under sub. (2) (a) 3. s. 118.73 (1), or provide the information required under sub. (7) (am) or (d) s. 118.75 or 118.83, by the date or within the period specified.

AB1042,,478 (c) Failed to refund to the state any overpayment made under sub. (4) or (4m) the choice program by the date specified by department rule.

AB1042,,479 (d) Failed to provide the information required under sub. (6m) or (6p) s. 118.78.

AB1042,,480 (e) Failed to comply with the requirements under sub. (7) (b), (c), or (h) or (7m) s. 118.76, 118.79 (3) or (4), 118.80 (3), (6), or (9) (d), or 118.81 (3) or (4).

AB1042,,481 (f) Violated sub. (7) (b) 4., 5., or 6. s. 118.80 (9) (a), (b), or (c).

AB1042,,482 (g) Before the end of a 7-year period beginning on the date of an order issued by the state superintendent under this subsection section, s. 118.60, 2023 stats., or s. 119.23, 2023 stats., retained a disqualified person, for compensation or as a volunteer, as an owner, officer, director, trustee, administrator, person designated by the administrator to assist in processing pupil applications, or person responsible for administrative, financial, or pupil health and safety matters.

AB1042,180 Section 180. 118.60 (10) (am) of the statutes is renumbered 118.85 (2), and 118.85 (2) (intro.), (a), (c) and (d), as renumbered, are amended to read:

AB1042,,484 118.85 (2) Barred; following school year. (intro.) If the state superintendent determines that any of the following have occurred, he or she the state superintendent may issue an order barring the a private school from participating in the choice program under this section in the following school year:

AB1042,,485 (a) The private school has not complied with the requirements under sub. (7) (em) s. 118.74 (4).

AB1042,,486 (c) The private school has not achieved accreditation within the period allowed under sub. (2) (a) 7. s. 118.74 (2) (b).

AB1042,,487 (d) The private school intentionally or negligently misrepresented any information required under this section subchapter or any rule promulgated under this section subchapter.

AB1042,181 Section 181. 118.60 (10) (ar) of the statutes is renumbered 118.85 (3) and amended to read:

AB1042,,489 118.85 (3) (a) If the state superintendent determines that a participating private school has failed to continuously maintain accreditation as required under sub. (7) (ad) s. 118.74 (4), that the governing body of the participating private school has withdrawn the participating private school from the accreditation process, or that the participating private school’s accreditation has been revoked, denied, or terminated by an accrediting entity, the state superintendent shall issue an order barring the private school’s participation in the choice program under this section at the end of the current school year.

AB1042,,490 (b) A private school whose participation in the choice program under this section is barred under subd. 1. par. (a) may not participate in the choice program under this section or under s. 119.23 until the governing body of the private school demonstrates to the satisfaction of the department that it has obtained accreditation from an accrediting entity, provided the accreditation is from an entity other than the entity with which the private school failed to continuously maintain accreditation or, if the private school’s accreditation was revoked, denied, or terminated, other than the entity that revoked, denied, or terminated the private school’s accreditation.

AB1042,182 Section 182. 118.60 (10) (b) of the statutes is renumbered 118.85 (4) and amended to read:

AB1042,,492 118.85 (4) Health and safety of pupils. The state superintendent may issue an order immediately terminating a private school’s participation in the choice program under this section if he or she the state superintendent determines that conditions at the private school present an imminent threat to the health or safety of pupils.

AB1042,183 Section 183. 118.60 (10) (c) of the statutes is renumbered 118.85 (5) and amended to read:

AB1042,,494 118.85 (5) Parental notification. Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), he or she sub. (1), (2), (3), or (4), the state superintendent shall immediately notify the parent or guardian of each pupil attending the private school under this section the choice program.

AB1042,184 Section 184. 118.60 (10) (d) of the statutes is renumbered 118.85 (6) and amended to read:

AB1042,,496 118.85 (6) Withholding payments. The state superintendent may withhold payment from a participating private school under subs. (4) and (4m) s. 118.84 if the participating private school violates this section subchapter or s. 115.383 (3) (b).

AB1042,185 Section 185. 118.60 (11) of the statutes is renumbered 118.87 and amended to read:

AB1042,,498 118.87 Department; duties. The department shall do all of the following:

AB1042,,499 (1) Rules. Promulgate rules to implement and administer this section subchapter. The department may not by rule establish standards under sub. (7) (am) s. 118.83 or 118.84 (7) that exceed the standards established by the American Institute of Certified Public Accountants.

AB1042,,500 (2) Notification; choice program changes. Notify each participating private school participating in the program under this section of any proposed changes to the choice program or to administrative rules governing the choice program, including changes to application or filing deadlines but not including changes to provisions governing health or safety, prior to the beginning of the school year in which the change takes effect.

AB1042,,501 (3) Notification; receipt of accreditation status. Within 10 days after receiving the information submitted as required under sub. (7) (em) s. 118.74 (4) (b), notify the participating private school of receipt of accreditation status.

AB1042,,502 (4) Release of public data. When the department publicly releases data related to enrollment of, standardized test results for, applications submitted by, or waiting lists for pupils participating in or seeking to participate in the choice program under this section, release the data all at the same time, uniformly, and completely.

AB1042,186 Section 186. 118.60 (12) of the statutes is repealed.

AB1042,187 Section 187. Subchapter II (title) of chapter 118 [precedes 118.70] of the statutes is created to read:

AB1042,,505 CHAPTER 118

AB1042,,506 SUBCHAPTER II

AB1042,,507 PRIVATE SCHOOL CHOICE PROGRAM

AB1042,188 Section 188. 118.70 (3), (6), (7), (8), (9), (11), (12), (16), (17), (18) and (20) of the statutes are created to read:

AB1042,,509 118.70 (3) “Choice program” means any of the following:

AB1042,,510 (a) The program administered under this subchapter.

AB1042,,511 (b) The program administered under s. 118.60, 2023 stats., or s. 119.23, 2023 stats.

AB1042,,512 (6) “Family income” means the federal adjusted gross income of the parents of a pupil who reside in the same household as the pupil. “Family income” does not include money earned by a pupil in the work based learning program created under s. 118.56.

AB1042,,513 (7) “January count date” means the 2nd Friday in January or an alternative count date designated by the department under s. 118.87 (6).

AB1042,,514 (8) “January pupil count report” means a report submitted to the department that includes the number of pupils attending a participating private school under the choice program on the January count date.

AB1042,,515 (9) “Milwaukee pupil” means a pupil who resides in a 1st class city school district.

AB1042,,516 (11) (a) “Parent” means an individual who resides in the same household as a pupil and who is any of the following in relation to the pupil:

AB1042,,517 1. A biological parent.

AB1042,,518 2. A legal guardian.

AB1042,,519 3. An adoptive parent.

AB1042,,520 4. A stepparent.

AB1042,,521 (b) For purposes of par. (a), an individual listed in par. (a) 1. to 4. who is on active military duty is considered to reside in the same household as a pupil.

AB1042,,522 (c) If no individual meets the requirements under par. (a), “parent” means an individual who has the legal authority to make educational decisions for a pupil.

AB1042,,523 (12) “Participating private school” means a private school participating in the choice program.

AB1042,,524 (16) “Racine pupil” means a pupil who resides in the Racine Unified School District.

AB1042,,525 (17) “September count date” means the 3rd Friday in September or an alternative date designated by the department under s. 118.87 (6).

AB1042,,526 (18) “September pupil count report” means a report submitted to the department that includes the number of pupils attending a participating private school under the choice program on the September count date.

AB1042,,527 (20) “Wisconsin pupil” means a pupil who resides in this state but does not reside in a 1st class city school district or the Racine Unified School District.

AB1042,189 Section 189. 118.71 of the statutes is created to read:

AB1042,,529 118.71 Pupil reenrollment. (1) Definitions. In this section:

AB1042,,530 (a) “Continuing pupil” means a pupil who meets all of the following criteria:

AB1042,,531 1. The pupil was included as a choice program pupil in the participating private school’s January pupil count report for the current school year and subsequently has not been determined ineligible to participate in the choice program.

AB1042,,532 2. The pupil is not in the highest grade that will be offered by the participating private school in the following school year.

AB1042,,533 3. The pupil will not be 21 years of age by September 1 of the following school year.

AB1042,,534 4. The pupil resides in this state.

AB1042,,535 (b) “Reenrollment acceptance deadline” means the 10th day after the 4th Friday in January of the current school year.

AB1042,,536 (c) “Reenrollment notification period” means the period beginning on the date the participating private school submits the January pupil count report for the current school year or the 4th Friday in January of the current school year, whichever is earlier, and ending on the 4th day after the 4th Friday in January.

AB1042,,537 (2) Reenrollment notification process. In the 2025-26 school year and each school year thereafter, during the reenrollment notification period, a participating private school shall do all of the following:

AB1042,,538 (a) If the number of choice program seats the participating private school has available in a grade for the following school year is less than the number of continuing pupils attending the participating private school who will be in that grade in the following school year, the participating private school shall do all of the following for the grade:

AB1042,,539 1. Determine which continuing pupils receive a choice program seat for the following school year on a random basis.

AB1042,,540 2. Notify the parent of each continuing pupil who does not receive a choice program seat under subd. 1. that the continuing pupil is on the choice program waiting list established under s. 118.72 (3) (d) for the following school year.

AB1042,,541 3. Notify the parent of each continuing pupil who was selected to receive a choice program seat under subd. 1. that the continuing pupil has a choice program seat at the participating private school for the following school year. The notice under this subdivision shall include the reenrollment acceptance deadline and, if the participating private school elects to proceed under sub. (3) (b), a statement that, if the participating private school does not receive a written or verbal acceptance from the continuing pupil’s parent by the reenrollment acceptance deadline, the choice program seat offered to the continuing pupil under the reenrollment process will be revoked.

AB1042,,542 (b) If the number of choice program seats a participating private school has available in a grade is at least the number of continuing pupils attending the participating private school who will be in that grade in the following school year, the participating private school shall notify the parent of each continuing pupil who will be in the grade in the following school year that the continuing pupil has a choice program seat at the participating private school for the following school year. The notice shall include the reenrollment acceptance deadline and, if the participating private school elects to proceed under sub. (3) (b), a statement that, if the participating private school does not receive a written or verbal acceptance from the continuing pupil’s parent by the reenrollment acceptance deadline, the choice program seat offered to the continuing pupil under the reenrollment process will be revoked.

AB1042,,543 (3) Reenrollment acceptance. If the parent of a continuing pupil who receives a choice program seat at a participating private school under sub. (2) does not provide the participating private school with a written or verbal acceptance of the choice program seat by the reenrollment acceptance deadline, the participating private school shall do one of the following for continuing pupils who have not accepted a choice program seat offered under sub. (2):

AB1042,,544 (a) Grant a choice program seat to all continuing pupils who were offered a choice program seat under sub. (2) unless a continuing pupil’s parent has notified the participating private school, in writing, that the continuing pupil will not attend the participating private school under the choice program in the following school year.

AB1042,,545 (b) By 2 days after the reenrollment acceptance deadline, in writing, notify each parent of a continuing pupil who was offered a choice program seat under sub. (2) and who did not provide the participating private school with a written or verbal acceptance of the choice program seat by the reenrollment acceptance deadline that the participating private school did not receive a written or verbal acceptance by the reenrollment acceptance deadline and that the choice program seat offered to the pupil under the reenrollment process has been revoked. The notice shall include a statement that the parent may complete an application for the continuing pupil during an open application period if the continuing pupil would like to attend the participating private school under the choice program in the following school year.

AB1042,190 Section 190. 118.72 (title) of the statutes is created to read:

AB1042,,547 118.72 (title) Pupil eligibility and application.

AB1042,191 Section 191. 118.72 (1) (b) of the statutes is created to read:

AB1042,,549 118.72 (1) (b) Wisconsin pupils. For a Wisconsin pupil, the pupil is a member of a family that has a total family income that 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.

AB1042,192 Section 192. 118.72 (1) (c) of the statutes is created to read:

AB1042,,551 118.72 (1) (c) Prior year attendance. For a Racine pupil or a Wisconsin pupil, the pupil satisfies at least one of the following:

AB1042,,552 1. The pupil was enrolled in a public school in the previous school year.

AB1042,,553 2. The pupil was not enrolled in school in the previous school year.

AB1042,,554 3. The pupil attended a participating private school under the choice program in the previous school year.

AB1042,,555 4. The pupil was on a waiting list to attend a participating private school under the choice program during the previous school year.

AB1042,,556 5. The pupil is applying to attend kindergarten, first grade, or 9th grade at a participating private school.

AB1042,,557 6. The pupil attended a school in another state in the previous school year.

AB1042,,558 7. The pupil is a Wisconsin pupil who was on a waiting list under s. 118.60 (3) (ar), 2023 stats., in any previous school year.

AB1042,193 Section 193. 118.72 (2) of the statutes is created to read:

AB1042,,560 118.72 (2) Income requirement exclusions. The income requirement in sub. (1) (a) or (b), whichever is applicable to a pupil, does not apply to the pupil if any of the following applies:

AB1042,,561 (a) The pupil attended a participating private school under the choice program in the previous school year.

AB1042,,562 (b) For a pupil applying to participate in the choice program after the September count date, the pupil is a Milwaukee pupil who was included in the September pupil count report as participating in the choice program if the pupil is not subsequently determined ineligible for the choice program.

AB1042,,563 (c) The pupil was on a waiting list to attend a participating private school under the choice program during the previous school year.