AB43: Bill Text

AB43,2197 Section 2197. 118.60 (4v) (c) of the statutes is created to read:

AB43,,5863 118.60 (4v) (c) The department may consider a pupil enrolled in a private school participating in the program under this section who satisfies all of the following as a resident of a school district, other than an eligible school district or a 1st class city school district, who is enrolled in the private school under this section:

AB43,,5864 1. The pupil was a resident of an eligible school district when the pupil applied to participate in the program under this section.

AB43,,5865 2. The pupil accepted a space at a private school participating in the program under this section as a resident of an eligible school district.

AB43,,5866 3. The pupil resides in a school district, other than an eligible school district or a 1st class city school district, on the 3rd Friday in September.

AB43,,5867 4. The private school the pupil is attending under this section accepts applications under this section from pupils who reside in school districts, other than an eligible school district or a 1st class city school district.

AB43,2198 Section 2198. 118.60 (4v) (d) of the statutes is created to read:

AB43,,5869 118.60 (4v) (d) If the department considers a pupil as a resident of a school district, other than an eligible school district or a 1st class city school district, under par. (c) for a school year, the department shall ensure that the pupil is not counted for that school year for purposes of determining whether the school district has exceeded its pupil participation limit under sub. (2) (be) and that the pupil is not counted for that school year for purposes of determining whether a program cap under sub. (2) (bh) 2. a. or b. has been exceeded.

AB43,2199 Section 2199. 119.04 (1) of the statutes is amended to read:

AB43,,5871 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.3415, 115.342, 115.343, 115.344, 115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367 115.369, 115.38 (2), 115.415, 115.422, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

****Note: This is reconciled s. 119.04 (1). This Section has been affected by drafts with the following LRB numbers: -0925/P1, -0950/P1, -0951/P1, -1015/P2, and -1214/P2.

AB43,2200 Section 2200. 119.23 (2) (a) (intro.) of the statutes is amended to read:

AB43,,5873 119.23 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (b), any pupil in grades kindergarten to 12 who resides within the city may attend any private school if all of the following apply:

AB43,2201 Section 2201. 119.23 (2) (a) 6. a. of the statutes is amended to read:

AB43,,5875 119.23 (2) (a) 6. a. Except as provided in subd. 6. c., all of the 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. This subd. 6. a. does not apply after June 30, 2026.

AB43,2202 Section 2202. 119.23 (2) (a) 6m. of the statutes is created to read:

AB43,,5877 119.23 (2) (a) 6m. a. Except as provided in subd. 6m. b., beginning on July 1, 2026, all of the private school’s teachers have a teaching license or permit issued by the department.

AB43,,5878 b. A teacher employed by the private school on July 1, 2026, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2026, and who does not satisfy the requirements under subd. 6m. a. on July 1, 2026, may apply to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 6m. a. The department shall promulgate rules to implement this subd. 6m. b., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under subd. 6m. a. No waiver granted under this subd. 6m. b. is valid after July 1, 2031.

AB43,2203 Section 2203. 119.23 (2) (a) 10. of the statutes is created to read:

AB43,,5880 119.23 (2) (a) 10. If the private school operates any grade from 9 to 12, the private school makes available to pupils in grades 9 to 12 at least one computer science course that includes concepts in computer programming or coding.

AB43,2204 Section 2204. 119.23 (2) (b) of the statutes is created to read:

AB43,,5882 119.23 (2) (b) 1. In this paragraph, “program cap” means the total number of pupils residing in the city who attended a private school under this section in the 2023-24 school year.

AB43,,5883 2. Beginning with the 2024-25 school year, the total number of pupils residing in the city who may attend a private school under this section during a school year may not exceed the program cap.

AB43,2205 Section 2205. 119.23 (2) (c) 3. of the statutes is created to read:

AB43,,5885 119.23 (2) (c) 3. Notwithstanding par. (a) 6m., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to hold a license or permit to teach issued by the department.

AB43,2206 Section 2206. 119.23 (3) (a) (intro.) of the statutes is amended to read:

AB43,,5887 119.23 (3) (a) (intro.) The pupil or the 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. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. No later than 60 days after the end of the application period during which an application is received and subject to par. (ar), the private school shall notify each applicant, in writing, whether his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. A Subject to par. (ar), a private school may reject an applicant only if it the private school has reached its maximum general capacity or seating capacity. The Except as provided in par. (ar), the state superintendent shall ensure that the 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 order of preference listed:

AB43,2207 Section 2207. 119.23 (3) (ar) of the statutes is created to read:

AB43,,5889 119.23 (3) (ar) All of the following apply to applications to attend a private school under this section submitted by pupils who reside in the city:

AB43,,5890 1. A private school that has submitted a notice of intent to participate under sub. (2) (a) 3. may accept applications for a school year during application periods determined by the department from pupils who reside in the city. For each school year, the department shall establish one or more application periods under this subdivision, the first of which begins no later than the first weekday in February of the school year before the applicable school year, and the last of which ends no later than September 14 of the applicable school year.

AB43,,5891 2. Each private school that received applications under subd. 1. shall report to the department the number of pupils who applied under subd. 1. to attend the private school under this section and the names of those applicants who have siblings who also applied under subd. 1. to attend the private school under this section. The private school shall submit the report no later than 10 days after each application period described under subd. 1. during which the private school received applications.

AB43,,5892 3. After the end of each application period described under subd. 1., upon receipt of the information under subd. 2., the department shall determine the sum of all applicants for pupils residing in the city. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program under this section only once. If, after the end of an application period described under subd. 1., the sum of all applicants for pupils residing in the city exceeds the program cap under sub. (2) (b), the department shall determine which applications submitted during the application period to accept on a random basis, except that the department shall give preference to the applications of pupils described in par. (a) 1. to 5., in the order of preference listed in that paragraph.

AB43,,5893 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (b), the department shall establish a waiting list in accordance with the preferences required under subd. 3.

AB43,,5894 5. A private school that has accepted a pupil who resides in the city under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. If, upon receiving notice under this subdivision, the department determines that the number of pupils attending private schools under this section falls below the program cap under sub. (2) (b), the department shall fill any available slot with a pupil selected from the waiting list established under subd. 4., if such a waiting list exists.

AB43,2208 Section 2208. 119.23 (3) (b) of the statutes is amended to read:

AB43,,5896 119.23 (3) (b) If the private school rejects an applicant because it the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant who is rejected under this paragraph or an applicant who is on the waiting list under par. (ar) 4. may, subject to sub. (2) (b), be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside within in the city. The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.

AB43,2209 Section 2209. 119.23 (4) (bg) 3. of the statutes is amended to read:

AB43,,5898 119.23 (4) (bg) 3. In the 2015-16 to 2022-23 school year and in each school year thereafter years, 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 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) (fu), an amount equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the 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.

AB43,2210 Section 2210. 119.23 (4) (bg) 6. of the statutes is created to read:

AB43,,5900 119.23 (4) (bg) 6. Beginning in the 2023-24 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. 7., the state superintendent shall pay to the 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) (fu), an amount equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) between the previous school year and the current school year, if positive.

AB43,2211 Section 2211. 119.23 (4) (bg) 7. of the statutes is created to read:

AB43,,5902 119.23 (4) (bg) 7. If the pupil described in subd. 6. is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, the state superintendent shall substitute for the amount described in subd. 6. the amount determined under subd. 4. a. to d., with the following modifications:

AB43,,5903 a. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between kindergarten to 8 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) between the previous school year and the current school year, if positive.

AB43,,5904 b. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between 9 to 12 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the per pupil amount under s. 115.437 (2) between the previous school year and the current school year, if positive.

AB43,2212 Section 2212. 119.23 (4v) (b) of the statutes is amended to read:

AB43,,5906 119.23 (4v) (b) If the department considers a pupil as a resident of the city under par. (a) for a school year, the department shall ensure that the pupil is not counted for that school year for purposes of determining whether a school district has exceeded its pupil participation limit under s. 118.60 (2) (be) and that the pupil is not counted for that school year for purposes of determining whether a program cap under sub. (2) (b) or s. 118.60 (2) (bh) 2. a. or b. has been exceeded.

AB43,2213 Section 2213. 119.23 (4v) (c) of the statutes is created to read:

AB43,,5908 119.23 (4v) (c) The department may consider a pupil enrolled in a private school participating in the program under this section who satisfies all of the following as a resident of a school district, other than a 1st class city school district, who is enrolled in the private school under this section:

AB43,,5909 1. The pupil was a resident of the city when the pupil applied to participate in the program under this section.

AB43,,5910 2. The pupil accepted a space at a private school participating in the program under this section as a resident of the city.

AB43,,5911 3. The pupil resides in a school district, other than a 1st class city school district, on the 3rd Friday in September.

AB43,,5912 4. The private school at which the pupil accepted a space under this section is participating in the program under s. 118.60.

AB43,2214 Section 2214. 119.23 (4v) (d) of the statutes is created to read:

AB43,,5914 119.23 (4v) (d) If the department considers a pupil as a resident of an eligible school district, as defined in s. 118.60 (1) (am), under par. (c) for a school year, the department shall ensure that the pupil is not counted for that school year for purposes of determining whether a program cap under sub. (2) (b) or s. 118.60 (2) (bh) 2. a. has been exceeded.

AB43,2215 Section 2215. 119.23 (4v) (e) of the statutes is created to read:

AB43,,5916 119.23 (4v) (e) If the department considers a pupil as a resident of a school district, other than an eligible school district, as defined in s. 118.60 (1) (am), or a 1st class city school district, under par. (c) for a school year, the department shall ensure that the pupil is not counted for that school year for purposes of determining whether the school district has exceeded its pupil participation limit under s. 118.60 (2) (be) and that the pupil is not counted for that school year for purposes of determining whether a program cap under sub. (2) (b) or s. 118.60 (2) (bh) 2. b. has been exceeded.

AB43,2216 Section 2216. 119.313 of the statutes is created to read:

AB43,,5918 119.313 Mathematics Partnership. (1) The board, in consultation with the University of Wisconsin-Milwaukee, shall develop and implement a plan to improve mathematics instruction in schools in the school district.

AB43,,5919 (2) (a) Annually, beginning in the 2024-25 school year and subject to par. (b), from the appropriation under s. 20.255 (2) (de), the department shall award a grant to the board to develop and implement the plan under sub. (1). The board may use grant proceeds for personnel costs associated with developing and implementing the plan under sub. (1).

AB43,,5920 (b) As a condition of receiving a grant under this subsection, the board shall provide matching funds in an amount equal to at least 20 percent of the amount of the grant.

AB43,,5921 (3) The department may promulgate rules to implement and administer this section.

AB43,2217 Section 2217. 119.46 (1) of the statutes is amended to read:

AB43,,5923 119.46 (1) As part of the budget transmitted annually to the common council under s. 119.16 (8) (b), the board shall report the amount of money required for the ensuing school year to operate all public schools in the city under this chapter, including the schools transferred to the superintendent of schools opportunity schools and partnership program under s. 119.33 and to the opportunity schools and partnership program under subch. II, to repair and keep in order school buildings and equipment, including school buildings and equipment transferred to the superintendent of schools opportunity schools and partnership program under s. 119.33 and to the opportunity schools and partnership program under subch. II, to make material improvements to school property, and to purchase necessary additions to school sites. The report shall specify the amount of net proceeds from the sale or lease of city-owned property used for school purposes deposited in the immediately preceding school year into the school operations fund as specified under s. 119.60 (2m) (c) or (5) and the net proceeds from the sale of an eligible school building deposited in the immediately preceding school year into the school operations fund as specified under s. 119.61 (5). The amount included in the report for the purpose of supporting the Milwaukee Parental Choice Program under s. 119.23 shall be reduced by the amount of aid received by the board under s. 121.136 and by the amount specified in the notice received by the board under s. 121.137 (2). The common council shall levy and collect a tax upon all the property subject to taxation in the city, which shall be equal to the amount of money required by the board for the purposes set forth in this subsection, at the same time and in the same manner as other taxes are levied and collected. Such taxes shall be in addition to all other taxes which the city is authorized to levy. The taxes so levied and collected, any other funds provided by law and placed at the disposal of the city for the same purposes, and the moneys deposited in the school operations fund under ss. 119.60 (1), (2m) (c), and (5) and 119.61 (5) shall constitute the school operations fund.

AB43,2218 Section 2218. 120.12 (15) of the statutes is amended to read:

AB43,,5925 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. This subsection does not eliminate a school district’s duty under subch. IV of ch. 111 to bargain with its employees’ collective bargaining representative over any calendaring proposal which is primarily related to wages, hours, or conditions of employment.

AB43,2219 Section 2219. 120.13 (2) (g) of the statutes is amended to read:

AB43,,5927 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.728, 632.729, 632.746 (1) and (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (4) to (6) (8), 632.871, 632.885, 632.89, 632.895 (9) (8) to (17), 632.896, and 767.513 (4).

****Note: This is reconciled s. 120.13 (2) (g). This Section has been affected by drafts with the following LRB numbers: -1147/P1, -1151/P2, -1153/P1, -1156/P1, and -1157/P1.

AB43,2220 Section 2220. 120.18 (1) (gm) of the statutes is amended to read:

AB43,,5929 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Payroll costs Costs for represented employees shall be based upon the costs of wages of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees, increased costs of wages reflected in the report shall be equal to the maximum wage expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees limited to the lower of the school district’s offer or the representative’s offer. The school district shall amend the annual report to reflect any change in such costs as a result of any collective bargaining agreement entered into between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under ch. 442 certifying the school district audit.

AB43,2221 Section 2221. 121.004 (7) (c) 1. a. of the statutes is amended to read:

AB43,,5931 121.004 (7) (c) 1. a. A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 5 days a week, but not on any day of the week that pupils enrolled in other grades in the school do not attend school, for an entire school term shall be counted as one pupil.

****Note: This is reconciled s. 121.004 (7) (c) 1. a. This Section has been affected by drafts with the following LRB numbers: -1121/P2 and -1180/P1.

AB43,2222 Section 2222. 121.004 (7) (c) 2. of the statutes is amended to read:

AB43,,5933 121.004 (7) (c) 2. In subd. 1. a. and b., “full-day” means the length of the school day for pupils in the first grade of the school district operating the 4-year-old or 5-year-old kindergarten program.

****Note: This is reconciled s. 121.004 (7) (c) 2. This Section has been affected by drafts with the following LRB numbers: -1121/P2 and -1180/P1.

AB43,2223 Section 2223. 121.004 (7) (cm) of the statutes is amended to read:

AB43,,5935 121.004 (7) (cm) A pupil enrolled in a 4-year-old kindergarten program, including a 4-year-old kindergarten program being phased in under s. 118.14 (3) (b), that provides the required number of hours of direct pupil instruction under s. 121.02 (1) (f) but requires less than full-day attendance by the pupil for 5 days a week shall be counted as 0.6 pupil if the program annually provides at least 87.5 additional hours of outreach activities. In this paragraph, “full-day” has the meaning given in par. (c) 2.

****Note: This is reconciled s. 121.004 (7) (cm). This Section has been affected by drafts with the following LRB numbers: -1121/P2 and -1180/P1.

AB43,2224 Section 2224. 121.02 (1) (L) 9. of the statutes is created to read:

AB43,,5937 121.02 (1) (L) 9. Make available to pupils in grades 9 to 12 at least one computer science course that includes concepts in computer programming or coding.

AB43,2225 Section 2225. 121.136 of the statutes is repealed.

AB43,2226 Section 2226. 121.41 of the statutes is amended to read:

AB43,,5940 121.41 Driver education programs; fees. A school board, operator of a charter school authorized under s. 118.40 (2r) or (2x), cooperative educational service agency, or the technical college system board may establish and collect reasonable fees for any driver education program or part of a program which is neither required for nor credited toward graduation. The school board, operator of a charter school authorized under s. 118.40 (2r) or (2x), cooperative educational service agency, or the technical college system board may waive any fee established under this subsection for any indigent pupil.

AB43,2227 Section 2227. 121.42 of the statutes is created to read:

AB43,,5942 121.42 Driver education programs; state aid. (1) In this section:

AB43,,5943 (a) “Driver education program” means an instructional program in driver education approved by the department and operated by a qualified driver education provider or driver school.

AB43,,5944 (b) “Driver school” has the meaning given in s. 343.60 (1).

AB43,,5945 (c) “Eligible pupil” means a pupil who met the income eligibility standard for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b) (1) in the previous school year.