AB43: Bill Text

AB43,2067 Section 2067. 115.76 (12) (a) 1. of the statutes is amended to read:

AB43,,5587 115.76 (12) (a) 1. A biological natural parent.

AB43,2068 Section 2068. 115.76 (12) (a) 2. of the statutes is repealed.

AB43,2069 Section 2069. 115.76 (12) (a) 3. of the statutes is repealed.

AB43,2070 Section 2070. 115.76 (13) of the statutes is amended to read:

AB43,,5591 115.76 (13) “Person acting as a parent of a child” means a relative of the child or a private individual allowed to act as a parent of a child by the child’s biological natural or adoptive parents or guardian, and includes the child’s grandparent, neighbor, friend or private individual caring for the child with the explicit or tacit approval of the child’s biological natural or adoptive parents or guardian. “Person acting as a parent of a child” does not include any person that receives public funds to care for the child if such funds exceed the cost of such care.

AB43,2071 Section 2071. 115.77 (1) of the statutes is amended to read:

AB43,,5593 115.77 (1) In sub. (1m) (a) to (d), except as provided in s. 118.51 (12) (b), if a child with a disability is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), “local educational agency” means the school district that the child is attending.

AB43,2072 Section 2072. 115.79 (1) (b) of the statutes is amended to read:

AB43,,5595 115.79 (1) (b) An educational placement is provided to implement a child’s individualized education program. Except as provided in s. 118.51 (12) (b), if a child with a disability is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide an educational placement for the child and shall pay tuition charges instead of the school district in which the child resides if required by the placement.

AB43,2073 Section 2073. 115.7915 (1) (a) of the statutes is renumbered 115.7915 (1) (ah).

AB43,2074 Section 2074. 115.7915 (1) (ad) of the statutes is created to read:

AB43,,5598 115.7915 (1) (ad) “Accrediting entity” has the meaning given in s. 118.60 (1) (ab).

AB43,2075 Section 2075. 115.7915 (1) (ap) of the statutes is created to read:

AB43,,5600 115.7915 (1) (ap) “Preaccreditation” has the meaning given in s. 118.60 (1) (c).

AB43,2076 Section 2076. 115.7915 (1) (at) of the statutes is created to read:

AB43,,5602 115.7915 (1) (at) “Preaccrediting entity” has the meaning given in s. 118.60 (1) (cm).

AB43,2077 Section 2077. 115.7915 (1) (aw) of the statutes is created to read:

AB43,,5604 115.7915 (1) (aw) “Program cap” means the total number of children who attended eligible schools under the scholarship program under this section in the 2023-24 school year.

AB43,2078 Section 2078. 115.7915 (2) (intro.) of the statutes is amended to read:

AB43,,5606 115.7915 (2) Scholarship requirements. (intro.) Beginning in the 2016-17 school year, the department shall, subject to sub. (2m), provide to a child with a disability a scholarship under sub. (4m) (a) to attend an eligible school if all of the following apply:

AB43,2079 Section 2079. 115.7915 (2) (b) of the statutes is amended to read:

AB43,,5608 115.7915 (2) (b) The governing body of the eligible school notified the department of its intent to participate in the program under this section as provided under sub. (3) (a).

AB43,2080 Section 2080. 115.7915 (2) (c) (intro.) of the statutes is created to read:

AB43,,5610 115.7915 (2) (c) (intro.) Any of the following applies to the eligible school:

AB43,2081 Section 2081. 115.7915 (2) (c) of the statutes is renumbered 115.7915 (2) (c) 3. a. and amended to read:

AB43,,5612 115.7915 (2) (c) 3. a. The For the 2023-24 school year, the eligible school has been either is approved as a private school by the state superintendent under s. 118.165 (2) or is accredited by Cognia, Inc., Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, Wisconsin Association of Christian Schools, National Lutheran School Accreditation, Christian Schools International, Association of Christian Schools International, the diocese or archdiocese within which the eligible school is located, or any other organization recognized by the National Council for Private School Accreditation, as of the an accrediting entity on August 1 preceding the school term for which the scholarship is awarded, 2023.

AB43,2082 Section 2082. 115.7915 (2) (c) 1. of the statutes is created to read:

AB43,,5614 115.7915 (2) (c) 1. The eligible school participates in a parental choice program under s. 118.60 or 119.23 for the school year for which the scholarship is awarded.

AB43,2083 Section 2083. 115.7915 (2) (c) 2. of the statutes is created to read:

AB43,,5616 115.7915 (2) (c) 2. The eligible school is accredited by an accrediting entity by August 1 of the school year for which the scholarship is awarded.

AB43,2084 Section 2084. 115.7915 (2) (c) 3. (intro.) of the statutes is created to read:

AB43,,5618 115.7915 (2) (c) 3. (intro.) If the eligible school participates in the program under this section in the 2023-24 school year, all of the following apply to the eligible school:

AB43,2085 Section 2085. 115.7915 (2) (c) 3. b., c. and d. of the statutes are created to read:

AB43,,5620 115.7915 (2) (c) 3. b. If the eligible school is not accredited as provided under subd. 3. a., the eligible school obtains preaccreditation by a preaccrediting entity by August 1, 2024. The eligible school may apply for and seek to obtain preaccreditation from only one preaccrediting entity. If the eligible school fails to obtain preaccreditation as required under this subd. 3. b., the eligible school may not participate in the program under this section in the 2024-25 school year or in any school year thereafter until the eligible school obtains accreditation as provided under subd. 2.

AB43,,5621 c. If subd. 3. b. applies to the eligible school, the eligible school applies for accreditation by an accrediting entity by December 31, 2024, and obtains accreditation by an accrediting entity by December 31, 2027.

AB43,,5622 d. This subd. 3. does not apply after the 2027-28 school year.

AB43,2086 Section 2086. 115.7915 (2) (f) of the statutes is amended to read:

AB43,,5624 115.7915 (2) (f) The child’s parent or guardian on behalf of the child, or, for a child with a disability who has reached the age of 18 and has not been adjudicated incompetent, the child, submitted an application for a scholarship under this section as provided under sub. (3) (am) and on a form prepared by the department that includes the document developed by the department under sub. (4) to the eligible school that the child will attend. A child’s parent or guardian or a child with a disability who has reached the age of 18 may apply for a scholarship at any time during a school year and, subject to sub. (3) (b), a child may begin attending an eligible school under this section at any time during the school year.

AB43,2087 Section 2087. 115.7915 (2) (g) of the statutes is amended to read:

AB43,,5626 115.7915 (2) (g) The Subject to sub. (3) (d), the eligible school, or the department on behalf of the eligible school, has accepted the child’s application to attend the eligible school under a scholarship awarded under this section.

AB43,2088 Section 2088. 115.7915 (2) (i) of the statutes is created to read:

AB43,,5628 115.7915 (2) (i) 1. Except as provided in subd. 2., beginning on July 1, 2026, all of the eligible school’s teachers have a teaching license or permit issued by the department.

AB43,,5629 2. a. A teacher employed by the eligible 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. 1. 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. 1. The department shall promulgate rules to implement this subd. 2. a., 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. 1. No waiver granted under this subd. 2. a. is valid after July 1, 2031.

AB43,,5630 b. A teacher employed by the eligible school who teaches only courses in rabbinical studies is not required to hold a license or permit to teach issued by the department.

AB43,2089 Section 2089. 115.7915 (2m) of the statutes is created to read:

AB43,,5632 115.7915 (2m) Program cap. Beginning with the 2024-25 school year, the total number of children who may attend eligible schools under the scholarship program under this section during a school year may not exceed the program cap.

AB43,2090 Section 2090. 115.7915 (3) (title) of the statutes is amended to read:

AB43,,5634 115.7915 (3) (title) Participating schools; selection of pupils application process; waiting list.

AB43,2091 Section 2091. 115.7915 (3) (a) of the statutes is amended to read:

AB43,,5636 115.7915 (3) (a) The governing body of an eligible school that intends to participate in the program under this section shall notify the department of its intent by the 1st Monday in March of the previous school year. The governing body of the eligible school shall include in the notice under this paragraph the number of spaces the eligible school has available for children receiving a scholarship under this section.

AB43,2092 Section 2092. 115.7915 (3) (am) of the statutes is created to read:

AB43,,5638 115.7915 (3) (am) The governing body of an eligible school that has submitted a notice of intent to participate under par. (a) may accept applications for scholarships under sub. (2) (f) for the following school year between the first weekday in April and the 3rd Thursday in June.

AB43,2093 Section 2093. 115.7915 (3) (b) of the statutes is repealed.

AB43,2094 Section 2094. 115.7915 (3) (bm) of the statutes is amended to read:

AB43,,5641 115.7915 (3) (bm) Upon receipt of an application for a scholarship under sub. (2) (f) par. (am), the governing body of the eligible school shall determine whether the application satisfies the requirements under sub. (2), other than the requirement under sub. (2) (d), and shall request verification from the local education agency that developed the child’s individualized education program or services plan that the child has an individualized education program or services plan in place that meets the requirement in sub. (2) (d). The governing body of the eligible school shall also notify the child’s resident school board that, pending verification that the requirements of sub. (2) have been satisfied and subject to par. (d), the child will be awarded a scholarship under this section. The local education agency shall, within 5 business days of receiving a request under this paragraph, provide the governing body of the eligible school with a copy of the child’s individualized education program or services plan.

AB43,2095 Section 2095. 115.7915 (3) (c) of the statutes is amended to read:

AB43,,5643 115.7915 (3) (c) The By the first weekday in May immediately following the application period under par. (am), the governing body of a private an eligible school participating in the program under this section that received applications for scholarships under par. (am) shall notify report to the department when it verifies that a child has the names of children who applied under par. (am) to attend the eligible school for whom the governing body has verified that an individualized education program or services plan is in effect and accepts the child’s application to attend the private school under a scholarship awarded under this section the names of those applicants who have siblings who are already attending the eligible school.

AB43,2096 Section 2096. 115.7915 (3) (d) of the statutes is created to read:

AB43,,5645 115.7915 (3) (d) After the end of the application period described under par. (am), upon receipt of the information under par. (c), the department shall determine the sum of all applicants for scholarships under this section. In determining the sum, the department shall count a child who has applied for more than one scholarship under this section only once. If the sum of all applicants exceeds the program cap, the department shall determine which applications to accept on a random basis, subject to the number of available spaces each eligible school specified in its notice under par. (a), except that the department shall give preference to the following in accepting applications for each eligible school, in the order of preference listed:

AB43,,5646 1. Children who attended a different eligible school under a scholarship under this section during the previous school year.

AB43,,5647 2. Siblings of pupils who are already attending the eligible school.

AB43,2097 Section 2097. 115.7915 (3) (e) of the statutes is created to read:

AB43,,5649 115.7915 (3) (e) No later than 60 days after the end of the application period described under par. (am), the department shall notify each applicant and each eligible school, in writing, whether the application submitted to the eligible school has been accepted.

AB43,2098 Section 2098. 115.7915 (3) (f) of the statutes is created to read:

AB43,,5651 115.7915 (3) (f) If the sum under par. (d) exceeds the program cap, the department shall establish a waiting list in accordance with the preferences required under par. (d).

AB43,2099 Section 2099. 115.7915 (3) (g) of the statutes is created to read:

AB43,,5653 115.7915 (3) (g) The governing body of an eligible school that has accepted a child under par. (d) shall notify the department whenever the governing body determines that the child will not attend the eligible school under a scholarship under this section. If, upon receiving notice under this paragraph, the department determines that the number of children attending eligible schools under scholarships under this section falls below the program cap, the department shall fill any available slot with a child selected from the waiting list established under par. (f), if such a waiting list exists.

AB43,2100 Section 2100. 115.7915 (4c) of the statutes is repealed.

AB43,2101 Section 2101. 115.7915 (4m) (a) 2. b. of the statutes is amended to read:

AB43,,5656 115.7915 (4m) (a) 2. b. Beginning in the 2018-19 school year and subject to subd. 3., ending in the 2022-23 school year, the sum of the scholarship amount under this subdivision for the previous school year; the amount of the per pupil revenue limit 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, or the amount under s. 115.7915 (4m) (a) 3., 2021 stats., if applicable.

****Note: This is reconciled s. 115.7915 (4m) (a) 2. b. This Section has been affected by drafts with the following LRB numbers:-1011/P1 and 1013/P1.

AB43,2102 Section 2102. 115.7915 (4m) (a) 2. c. of the statutes is created to read:

AB43,,5658 115.7915 (4m) (a) 2. c. Beginning in the 2023-24 school year, the sum of the scholarship amount under this subdivision for the previous school year; the amount of the per pupil revenue limit 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.

****Note: This is reconciled s. 115.7915 (4m) (a) 2. c. This Section has been affected by drafts with the following LRB numbers:-1011/P1 and -1013/P1.

AB43,2103 Section 2103. 115.7915 (4m) (a) 3. of the statutes is repealed.

AB43,2104 Section 2104. 115.7915 (4m) (cm) of the statutes is repealed.

AB43,2105 Section 2105. 115.7915 (4m) (f) 1. a. of the statutes is amended to read:

AB43,,5662 115.7915 (4m) (f) 1. a. Determine the sum of the amount paid for each child number of children residing in the school district for whom a payment is made under par. (a) in that school year.

AB43,2106 Section 2106. 115.7915 (4m) (f) 1. bm. of the statutes is created to read:

AB43,,5664 115.7915 (4m) (f) 1. bm. Multiply the number of children under subd. 1. a. by the per pupil amount calculated under par. (a) for that school year.

AB43,2107 Section 2107. 115.7915 (4m) (f) 1. e. of the statutes is amended to read:

AB43,,5666 115.7915 (4m) (f) 1. e. Sum the amounts calculated under subd. 1. a., bm., d., and dh.

AB43,2108 Section 2108. 115.7915 (6) (L) of the statutes is created to read:

AB43,,5668 115.7915 (6) (L) Allow a child attending the private school under this section to refrain from participating in any religious activity if the child’s parent submits to the child’s teacher or the private school’s principal a written request that the child be exempt from such activities.

AB43,2109 Section 2109. 115.881 (2) of the statutes is renumbered 115.881 (2) (intro.) and amended to read:

AB43,,5670 115.881 (2) (intro.) For each child whose costs exceeded $30,000 under sub. (1), the department shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the current school year an amount equal to 0.90 multiplied by that portion at the following rates:

AB43,,5671 (a) In the 2023-34 school year, 45 percent of the cost under sub. (1) that exceeded $30,000.

AB43,2110 Section 2110. 115.881 (2) (b) of the statutes is created to read: