AB1042: Bill Text

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.

AB1042,194 Section 194. 118.72 (3) (title) of the statutes is created to read:

AB1042,,565 118.72 (3) (title) Pupil applications.

AB1042,195 Section 195. 118.72 (3) (d) of the statutes is created to read:

AB1042,,567 118.72 (3) (d) Waiting list. If a participating private school selects pupils under par. (c) on a random basis, the participating private school shall do all of the following for each pupil who did not receive a choice program seat for the following school year:

AB1042,,568 1. Add the pupil to the choice program waiting list.

AB1042,,569 2. Notify the pupil’s parent, in writing, that the pupil has been placed on the choice program waiting list. The notification shall identify the pupil’s place on the waiting list.

AB1042,196 Section 196. 118.72 (4) of the statutes is created to read:

AB1042,,571 118.72 (4) Income verification. (a) Information provided by parent. 1. If a pupil is required to meet the income eligibility requirement under sub. (1) (a) or (b), the pupil’s parent shall provide all of the following information to the department as part of the application under sub. (3):

AB1042,,572 a. The names of the pupil’s parents who reside in the same household as the pupil.

AB1042,,573 b. If the application contains more than one parent, whether the parents on the application are married.

AB1042,,574 c. The names of all of the other members of the pupil’s family residing in the same household as the pupil.

AB1042,,575 d. Whether the parent would like the pupil’s income eligibility determination completed using the department of revenue income determination method under par. (d) or the department income determination method under par. (e).

AB1042,,576 2. During the open application period in which an application is received, a pupil’s parent may change the income eligibility determination method selection under subd. 1. d. if the pupil has not been determined ineligible under the income determination method previously selected.

AB1042,,577 (b) Social security number or federal tax identification number. If a pupil’s parent selects the department of revenue income determination method under par. (a) 1. d., the pupil’s parent or the participating private school shall provide the social security number or other state and federal tax identification number for each parent under par. (a) 1. a.

AB1042,,578 (c) Income adjustment for marriage. If the parents on the application are married, the pupil’s family income shall be reduced by $7,000 before the verification is made under this subsection.

AB1042,,579 (d) Department of revenue income determination method. 1. If a pupil’s parent selects the department of revenue income eligibility method under par. (a) 1. d., the department of revenue shall review the information submitted under this section and verify the eligibility or ineligibility of the pupil to participate in the choice program on the basis of family income. The determination under this paragraph shall be based on the family income for the following tax year:

AB1042,,580 a. The tax year preceding the school year for which family income is being verified.

AB1042,,581 b. If income for the tax year in subd. 1. a. is not available, the tax year 2 years prior to the school year for which family income is being verified.

AB1042,,582 2. The department of revenue shall notify the department of public instruction, the participating private school, and the pupil’s parent of its determination of whether the pupil is eligible for the choice program based on family income.

AB1042,,583 3. The department of revenue may take no other action on the basis of the information submitted under this subsection.

AB1042,,584 4. The department of public instruction may not request from a pupil’s family any additional information related to the pupil’s family income once the department of revenue has verified that the pupil is eligible to participate in the choice program on the basis of family income.

AB1042,,585 (e) Department income determination method. If a pupil’s parent selects the department of public instruction income verification method under par. (a) 1. d., the parent shall use the income verification procedure established by the department by rule. The determination under this paragraph shall be based on the family income for the tax year preceding the school year for which family income is being verified.

AB1042,197 Section 197. 118.73 (title) and (1) of the statutes are created to read:

AB1042,,587 118.73 (title) Private school registration. (1) Private school eligibility; intent to participate and annual fee. To be eligible to participate in the choice program in the following school year, a private school shall submit all of the following to the department:

AB1042,,588 (a) By 2 days before the 2nd Friday in January, a notice of intent to participate that includes all of the following:

AB1042,,589 1. An agreement to comply with procedural requirements.

AB1042,,590 2. The name and location of the accredited institution of higher education from which the administrator of the private school received at least a bachelor’s degree and the date the degree was received; the license number of the private school’s administrator’s teaching or administrator license issued by the department; or an indication that the administrator of the private school is excluded from this requirement under s. 118.81 (2) (b).

AB1042,,591 3. Each physical location at which the private school intends to operate.

AB1042,,592 4. The number of choice program seats the private school has available in the following school year for pupils attending the private school under the choice program.

AB1042,,593 5. A plan for selecting applicants on a random basis.

AB1042,,594 6. The open application periods during which the private school will accept applications under s. 118.72.

AB1042,,595 7. The grades at which the private school will offer choice program seats.

AB1042,,596 8. Whether or not the private school intends to offer virtual instruction and, if so, the amount and type of virtual instruction the private school intends to offer.

AB1042,,597 (b) By 2 days before the 2nd Friday in January, the nonrefundable annual fee set by the department. The department shall by rule set the fee charged under this paragraph at an amount such that the total fee revenue covers the costs of employing one full-time auditor to evaluate the financial information submitted by participating private schools.

AB1042,198 Section 198. 118.74 (title) of the statutes is created to read:

AB1042,,599 118.74 (title) Accreditation.

AB1042,199 Section 199. 118.74 (3) (title) of the statutes is created to read:

AB1042,,601 118.74 (3) (title) Adding additional grades.

AB1042,200 Section 200. 118.74 (3) (a) 2. of the statutes is created to read:

AB1042,,603 118.74 (3) (a) 2. Achieve accreditation for the high school grades by the first weekday in December of the 3rd school year following the first school year in which the private school provides instruction in a high school grade.

AB1042,201 Section 201. 118.74 (3) (b) 2. of the statutes is created to read:

AB1042,,605 118.74 (3) (b) 2. Achieve accreditation for the elementary grades by the first weekday in December of the 3rd school year following the first school year in which the private school provides instruction in an elementary grade.

AB1042,202 Section 202. 118.74 (4) (title) of the statutes is created to read:

AB1042,,607 118.74 (4) (title) Continuous accreditation.

AB1042,203 Section 203. 118.75 (title) of the statutes is created to read:

AB1042,,609 118.75 (title) Certificate of occupancy; requirement.

AB1042,204 Section 204. 118.75 (2) of the statutes is created to read:

AB1042,,611 118.75 (2) Physical location required. A participating private school shall maintain at least one physical location in this state from which the school is operated.

AB1042,205 Section 205. 118.75 (3) (intro.) of the statutes is created to read:

AB1042,,613 118.75 (3) Required submission. (intro.) By the first weekday in August before the first school term of participation in the choice program, or by the first weekday in May if the private school begins participation in the choice program during summer school, each participating private school shall submit one of the following to the department:

AB1042,206 Section 206. 118.76 (title) and (2) (title) of the statutes are created to read:

AB1042,,615 118.76 (title) First-time private school participant. (2) (title) Continuing surety bond requirement.

AB1042,207 Section 207. 118.76 (1) (a) 1. and 2. of the statutes are created to read:

AB1042,,617 118.76 (1) (a) 1. The total payments the new private school expects to receive on the basis of the intent to participate provided under s. 118.73 (1) exceeds the total expected choice program payments on the basis of the form provided under s. 118.77 (1) by at least $50,000.

AB1042,,618 2. The required surety bond based on the intent to participate provided under s. 118.73 (1) is more than $25,000.

AB1042,208 Section 208. 118.76 (4) of the statutes is created to read:

AB1042,,620 118.76 (4) Updated surety bond. (a) In this subsection, “September choice pupil count” means the number of pupils attending the participating private school under the choice program as reported in the September pupil count report.

AB1042,,621 (b) By the first weekday in November, a participating private school that provided a surety bond under sub. (1) (a) or (2) shall provide an updated surety bond if the total payment the participating private school expects to receive under the choice program on the basis of the September choice pupil count exceeds the total expected payment on the basis of the intent to participate provided by the participating private school under s. 118.73 (1) (a) by at least $50,000.

AB1042,,622 (c) Notwithstanding par. (b), if a new private school did not provide an updated surety bond under sub. (1) (a) for the first year it participated in the choice program, the new private school shall provide an updated surety bond for the bond provided under s. 118.77 (2) if all of the following apply:

AB1042,,623 1. The total payment the new private school expects to receive under the choice program on the basis of the September choice pupil count exceeds the total expected payment on the basis of the information provided under s. 118.77 (1) by at least $50,000.

AB1042,,624 2. The amount of the surety bond based on the September choice pupil count is more than $25,000.

AB1042,209 Section 209. 118.76 (5) of the statutes is created to read:

AB1042,,626 118.76 (5) Fiscal management training. By the first weekday in April before the school year in which a private school intends to first participate in the choice program, the administrator of the private school shall participate in a fiscal management training program approved by the department. If the private school hires a new administrator between the first weekday in April and the first weekday in August, the new administrator shall participate in a fiscal management training program approved by the department before assuming the responsibilities of administrator of the private school.

AB1042,210 Section 210. 118.76 (7) of the statutes is created to read:

AB1042,,628 118.76 (7) Student information system vendor. Beginning in the 2025-26 school year, by the first weekday in July of the first school year in which the participating private school intends to participate in the choice program, the participating private school shall provide to the department the name of the certified student information system vendor with which the participating private school has contracted for the first school year the participating private school participates in the choice program, as required under s. 115.383 (3) (b).

AB1042,211 Section 211. 118.77 (title) of the statutes is created to read:

AB1042,,630 118.77 (title) New private schools; initial participation requirements.

AB1042,212 Section 212. 118.77 (1) (b) of the statutes is created to read:

AB1042,,632 118.77 (1) (b) The name and location of the nationally or regionally accredited institution of higher education from which the new private school’s administrator received at least a bachelor’s degree and the date the degree was conferred; the number assigned to a teaching license or an administrator license issued to the new private school’s administrator by the department; or notice that the administrator is exempt from this requirement under s. 118.81 (2) (b).

AB1042,213 Section 213. 118.77 (1) (d) of the statutes is created to read:

AB1042,,634 118.77 (1) (d) The number of choice program seats the new private school intends to make available to pupils participating in the choice program in the first school year the new private school intends to participate in the choice program.

AB1042,214 Section 214. 118.77 (2) (b) to (e) of the statutes are created to read:

AB1042,,636 118.77 (2) (b) The information under s. 118.78 (1).

AB1042,,637 (c) A copy of the academic standards adopted by the governing body of the new private school under s. 118.79 (3).

AB1042,,638 (d) A signed statement from each individual who is a member of the governing body of the new private school verifying that the individual is a member of the governing body.

AB1042,,639 (e) Notwithstanding s. 118.74 (1), a letter from a preaccrediting entity that indicates that the new private school is preaccredited.

AB1042,215 Section 215. 118.78 (title) of the statutes is created to read:

AB1042,,641 118.78 (title) Required disclosures.

AB1042,216 Section 216. 118.78 (1) (intro.) of the statutes is created to read:

AB1042,,643 118.78 (1) Disclosures to applicants. (intro.) Each participating private school and each school that has submitted a notice of intent to participate in the choice program under s. 118.73 shall provide each pupil, or the parent of each minor pupil, who applies to attend the private school all of the following:

AB1042,217 Section 217. 118.79 (title) of the statutes is created to read:

AB1042,,645 118.79 (title) Instructional requirements and academic standards; participating private schools.