AB1042: Bill Text

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.

AB1042,86 Section 86. 118.60 (2) (a) 1. b., c. and d. of the statutes are repealed.

AB1042,87 Section 87. 118.60 (2) (a) 2. of the statutes is repealed.

AB1042,88 Section 88. 118.60 (2) (a) 3. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is repealed.

AB1042,89 Section 89. 118.60 (2) (a) 3. a. of the statutes is amended to read:

AB1042,,247 118.60 (2) (a) 3. a. Except as provided in subd. 3. b. and c. and par. (ag) 1., the private school notified the state superintendent of its intent to participate in the program under this section or in the program under s. 119.23, and paid the nonrefundable fee, set by the department as required under s. 119.23 (2) (a) 3., by January 10 of the previous school year. The notice shall specify the number of pupils participating in the program under this section and in the program under s. 119.23 for which the school has space.

AB1042,90 Section 90. 118.60 (2) (a) 4. of the statutes is renumbered 118.80 (1) and amended to read:

AB1042,,249 118.80 (1) Nondiscrimination. The Each participating private school complies shall comply with 42 USC 2000d.

AB1042,91 Section 91. 118.60 (2) (a) 5. of the statutes is renumbered 118.80 (2) and amended to read:

AB1042,,251 118.80 (2) Health and safety. The Each participating private school meets shall comply with all health and safety laws or codes that apply to public schools.

AB1042,92 Section 92. 118.60 (2) (a) 6. a. of the statutes is renumbered 118.81 (1) (a) and amended to read:

AB1042,,253 118.81 (1) (a) Except as provided in subd. 6. c. and d., pars. (b) and (c), a participating private school shall ensure that all of the participating private school’s teachers have a teaching license issued by the department or a bachelor’s degree or a degree or educational credential higher than a bachelor’s degree, including a masters master’s or doctorate, from a nationally or regionally accredited institution of higher education.

AB1042,93 Section 93. 118.60 (2) (a) 6. b. of the statutes is renumbered 118.81 (2) (a) and amended to read:

AB1042,,255 118.81 (2) (a) All Except as provided in par. (b), a participating private school shall ensure that all of the participating private school’s administrators have at least a bachelor’s degree from a nationally or regionally accredited institution of higher education or a teaching license or administrator’s administrator license issued by the department.

AB1042,94 Section 94. 118.60 (2) (a) 6. c. and d. of the statutes are repealed.

AB1042,95 Section 95. 118.60 (2) (a) 7. a. of the statutes is repealed.

AB1042,96 Section 96. 118.60 (2) (a) 7. b. of the statutes is renumbered 118.74 (1) and amended to read:

AB1042,,259 118.74 (1) Preaccreditation. Each private school that begins participation in the choice program under this section on or after April 10, 2014, and that is not accredited by an accrediting entity, shall obtain preaccreditation by a preaccrediting entity by the first weekday in August 1 before the first school term in which the private school begins participation in the choice program under this section, or by the first weekday in May 1 if the private school begins participating in the choice program during summer school. In any school year, a A private school to which this subd. 7. b. applies may apply for and seek to obtain preaccreditation from only one preaccrediting entity each school year. A private school to which this subd. 7. b. applies that fails to obtain preaccreditation as required under this subd. 7. b. subsection may not participate in the choice program under this section or under s. 119.23 until preaccreditation has been obtained, but the private school may apply for and seek to obtain preaccreditation from a preaccrediting entity for the following a subsequent school year. The fact that a private school has obtained preaccreditation does not require an accrediting entity to accredit the private school.

AB1042,97 Section 97. 118.60 (2) (a) 7. c. of the statutes is renumbered 118.74 (2) (intro.) and amended to read:

AB1042,,261 118.74 (2) Initial accreditation. (intro.) A private school to which subd. 7. b. applies that is not accredited by the first weekday in August before the first school term in which the private school begins participating in the choice program shall apply do all of the following:

AB1042,,262 (a) Apply for accreditation by an accrediting entity by the last weekday in December 31 of the first school year that begins after April 10, 2014, in which the private school begins participation in the choice program under this section, and shall achieve.

AB1042,,263 (b) Achieve accreditation by an accrediting entity by the first weekday in December 31 of the 3rd school year following the first school year in which the private school begins participation in the choice program under this section. If the private school is accredited under this subd. 7. c., the private school is not required to obtain preaccreditation under subd. 7. b. as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

AB1042,98 Section 98. 118.60 (2) (a) 8. of the statutes is renumbered 118.79 (1) and amended to read:

AB1042,,265 118.79 (1) Hours of instruction. Notwithstanding s. 118.165 (1) (c), the each participating private school shall annually provides provide at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil instruction in grades 7 to 12. Hours provided under this subdivision subsection include recess and time for pupils to transfer between classes but do not include the lunch periods. Annually, no more than 140 hours of work under s. 118.56 may be counted as hours of direct pupil instruction.

AB1042,99 Section 99. 118.60 (2) (a) 9. of the statutes is renumbered 118.79 (2) and amended to read:

AB1042,,267 118.79 (2) Instruction on the Holocaust and other genocides. If the a participating private school operates any grade from 5 to 12, the participating private school includes shall include in its curriculum the instruction required under s. 121.02 (1) (L) 8., so far as applicable.

AB1042,100 Section 100. 118.60 (2) (ag) (intro.) of the statutes is repealed.

AB1042,101 Section 101. 118.60 (2) (ag) 1. (intro.) and a. of the statutes are consolidated, renumbered 118.60 (2) (ag) 1. and amended to read:

AB1042,,270 118.60 (2) (ag) 1. By the first weekday in August 1 of the school year immediately preceding the school year in which the new private school intends to participate in the program under this section, complete and submit to the department the following, on forms provided by the department: a. A , a notice of intent to participate and agreement to comply with procedural requirements. If, at the time the new private school submits the information required under this subdivision, the new private school does not have a physical property within which the private school intends to operate, submit a mailing address of an administrator of the new private school.

AB1042,102 Section 102. 118.60 (2) (ag) 1. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is renumbered 118.77 (1) (intro.) and amended to read:

AB1042,,272 118.77 (1) Initial submissions to department. (intro.) By the first weekday in August of the school year immediately preceding the school year in which the a new private school intends to participate in the choice program under this section, complete and, the new private school shall submit all of the following to the department, on forms provided by the department, a notice of intent to participate and:

AB1042,,273 (a) An agreement to comply with procedural requirements.

AB1042,,274 (c) The physical location of the new private school. If, at the time the new private school submits the information required under this subdivision subsection, the new private school does not have a physical property within which the private school intends to operate, the new private school shall submit a mailing address of an administrator of the new private school.

AB1042,103 Section 103. 118.60 (2) (ag) 1. b. and c. of the statutes are repealed.

AB1042,104 Section 104. 118.60 (2) (ag) 2. a. of the statutes is amended to read:

AB1042,,277 118.60 (2) (ag) 2. a. By August 1 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, submit to the department the information under sub. (6p) (a) and (b).

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.