2021 - 2022 LEGISLATURE

2021 Assembly BILL 621

October 14, 2021 - Introduced by Representative Schraa, cosponsored by Senator Jagler. Referred to Committee on Education.

AB621,1,7 An Act to amend 118.60 (2) (a) 2. c., 118.60 (3) (ar) 6. (intro.), 118.60 (3) (ar) 6. a. and 118.60 (3) (ar) 6. b.; and to create 118.60 (3) (ar) 6. am., 118.60 (3) (ar) 6. bm. and 118.60 (3) (ar) 6. cm. of the statutes; relating to: the prior year pupil attendance requirement to participate in the Racine Parental Choice Program or the statewide parental choice program and allowing a pupil who changes residence to transfer from the Racine Parental Choice Program or Milwaukee Parental Choice Program to the statewide parental choice program.

Analysis by the Legislative Reference Bureau

Prior year pupil attendance requirement

Under current law, a pupil must meet at least one of the following criteria to be eligible to participate in the statewide parental choice program (also known as the Wisconsin Parental Choice Program) or the Racine Parental Choice Program: 1) the pupil was enrolled in a public school in the previous school year; 2) the pupil was not enrolled in school in the previous school year; 3) the pupil attended a private school in the WPCP, RPCP, or Milwaukee Parental Choice Program in the previous school year; 4) the pupil was on a waiting list to attend a private school in the WPCP, RPCP, or MPCP in the previous school year; 5) the pupil attended school in another state in the previous school year; or 6) the pupil is enrolling in kindergarten, first grade, or ninth grade in the current school year. This requirement is known as the prior year pupil attendance requirement.

Under the bill, a pupil who attended a private school under the Special Needs Scholarship Program in the previous school year satisfies the prior year pupil attendance requirement to participate in the WPCP or RPCP.

Pupil transfers from the RPCP or MPCP to the WPCP

This bill creates an exception to the application period for the WPCP for a pupil 1) who was participating in the RPCP or MPCP; 2) whose residence changed from the Racine Unified School District or Milwaukee Public Schools school district to a school district in this state other than RUSD or MPS; and 3) who, after the change in residence, wants to participate in the WPCP.

Under current law, a private school participating in the WPCP may accept applications for the following school year between the first weekday in February and the third Thursday in April. Current law provides an exception to this application period that allows the Department of Public Instruction, between the first weekday in August and the third Friday in August, to transfer a pupil's application from one private school participating in the WPCP to another private school participating in the WPCP if all of the following apply:

1. The pupil applied to participate in the WPCP during the immediately preceding application period.

2. A private school participating in the WPCP accepted the pupil's application and verified that the pupil is eligible to participate in the WPCP.

3. The pupil's residence changed after the end of the immediately preceding application period and on or before the third Friday in August, and, after the change, the pupil resides in a school district in this state other than RUSD or MPS.

4. The private school to which the pupil's application is transferred has space available in the pupil's grade.

5. After the change, the pupil resides in a school district that has not exceeded its pupil participation limit in the WPCP.

The bill provides a similar exception to the WPCP application period for a pupil whose residence changes from the RUSD or MPS school district to a school district in this state other than RUSD or MPS after the last weekday in July. Specifically, the bill allows DPI to transfer a pupil's application from a private school participating in the RPCP or MPCP to a private school participating in the WPCP if all of the following apply:

1. The pupil applied to participate in the RPCP or MPCP for the current school year no later than the last weekday in July of the current school year.

2. A private school participating in the RPCP or MPCP accepted the pupil's application and verified that the pupil is eligible to participate in the RPCP or MPCP.

3. If the pupil was required to meet the family income eligibility requirement for the RPCP or MPCP, the private school to which the pupil's application is transferred verifies that the pupil also meets the family income eligibility requirement for the WPCP.

4. The pupil's residence changed after the last weekday in April, after the pupil's application was submitted, and on or before the third Friday in August, and, after the change, the pupil resides in a school district in this state other than RUSD or MPS.

5. The private school to which the pupil's application is transferred has space available in the pupil's grade.

6. After the change, the pupil resides in a school district that has not exceeded its pupil participation limit in the WPCP.

The bill also specifies that, for all of the transfer options described above, 1) the deadline for DPI to transfer an application is the third Friday in September; and 2) the private school to which an application is transferred must, between the first weekday in August and the third Friday in August, notify DPI of the pupil's change in residence and verify that the other conditions for transfer apply.