AB730,13,5 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.

AB730,13,12 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.

AB730,23 Section 23 . 119.23 (3) (b) of the statutes is amended to read:

AB730,13,23 119.23 (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.

AB730,24 Section 24 . 119.23 (4v) (b) of the statutes is amended to read:

AB730,14,6 119.23 (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.

AB730,25 Section 25 . 119.23 (4v) (c), (d) and (e) of the statutes are created to read:

AB730,14,11 119.23 (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:

AB730,14,13 1. The pupil was a resident of the city when the pupil applied to participate in the program under this section.

AB730,14,15 2. The pupil accepted a space at a private school participating in the program under this section as a resident of the city.

AB730,14,17 3. The pupil resides in a school district, other than a 1st class city school district, on the 3rd Friday in September.

AB730,14,19 4. The private school at which the pupil accepted a space under this section is participating in the program under s. 118.60.

AB730,14,24 (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.

AB730,15,7 (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.

AB730,26 Section 26. Initial applicability.

AB730,15,13 (1) Parental choice programs; program caps. The treatment of ss. 118.60 (3) (am) and (ar) (intro.) and 5. and 119.23 (3) (ar), the renumbering and amendment of s. 118.60 (3) (ar) 3. and 4., and the creation of s. 118.60 (3) (ar) 3. a. and b. and 4. a. and b. first apply to an application to attend in a private school under s. 118.60 or 119.23 in the 2020-21 school year.

AB730,15,18 (2) Parental choice programs; transferring applicants between programs. The treatment of ss. 118.60 (4v) (b), (c), and (d) and 119.23 (4v) (b), (c), (d), and (e) first applies to counting pupils for the pupil participation limits under s. 118.60 (2) (be) and the program caps under ss. 118.60 (2) (bh) 2. a. and b. and 119.23 (2) (b) for the 2020-21 school year.

AB730,15,19 (End)