2021 Assembly BILL 1040

February 17, 2022 - Introduced by Representatives Pope, Considine, Shelton, Spreitzer, Hebl, Emerson, Vruwink, B. Meyers, Milroy, Anderson, Sinicki, Hintz, Cabrera and Subeck, cosponsored by Senators Erpenbach, Bewley, Larson, Roys, Ringhand, Agard, Smith, Pfaff and Carpenter. Referred to Committee on Education.

AB1040,1,9 An Act to renumber and amend 118.60 (3) (ar) 3. and 118.60 (3) (ar) 4.; to amend 115.7915 (2) (intro.), 118.60 (2) (a) (intro.), 118.60 (2) (a) 2. g., 118.60 (2) (be) 3., 118.60 (3) (a) (intro.), 118.60 (3) (ar) (intro.), 118.60 (3) (ar) 5., 118.60 (3) (b), 118.60 (3) (c), 118.60 (4v) (b), 119.23 (2) (a) (intro.), 119.23 (3) (a) (intro.), 119.23 (3) (b) and 119.23 (4v) (b); and to create 115.7915 (11), 118.60 (2) (bh), 118.60 (3) (am), 118.60 (3) (ar) 3. a. and b., 118.60 (3) (ar) 4. a. and b., 118.60 (4v) (c) and (d), 119.23 (2) (b), 119.23 (3) (ar) and 119.23 (4v) (c), (d) and (e) of the statutes; relating to: phasing out the Special Needs Scholarship Program and limiting enrollment in parental choice programs.

Analysis by the Legislative Reference Bureau

This bill phases out the Special Needs Scholarship Program and caps the total number of pupils who may participate in a parental choice program.

Under current law, a child with a disability who meets certain eligibility criteria may receive a scholarship to attend a private school participating in the SNSP. The bill provides that, beginning in the 2022-23 school year, the Department of Public Instruction may not provide an SNSP scholarship to a child to attend a private school unless the child was attending a private school under the SNSP in the 2021-22 school year. In addition, if the child does not attend a private school under an SNSP scholarship in any school year after the 2021-22 school year, DPI may not provide an SNSP scholarship to the child for any subsequent school year.

The bill caps the total number of pupils who may participate in a parental choice program — the Milwaukee Parental Choice Program, the Racine Parental Choice Program, or the statewide parental choice program — at the number of pupils who attended a private school under that parental choice program in the 2021-22 school year. Under the bill, beginning in the 2022-23 school year, if the number of applications to participate in a parental choice program exceeds the program cap, DPI must determine which applications to accept on a random basis, subject to certain admission preferences that exist under current law.

Under current law, pupils may submit applications to attend a private school under the statewide parental choice program for the following school year from the first weekday in February to the third Thursday in April, and a private school that receives applications must, no later than the first weekday in May immediately following the application period, report the number of applicants to DPI so that DPI may determine whether a pupil participation limitation has been exceeded. The bill provides that, beginning with applications for the 2022-23 school year, DPI must establish one or more application periods during which pupils may submit applications to attend a private school under the MPCP or RPCP. The bill provides that a private school that receives applications during an application period must, no later than 10 days after the application period ends, report the number of applicants to DPI so that DPI may determine whether a program cap has been exceeded. The bill does not change the application period for the statewide parental choice program and requires DPI to use the information required to be reported under current law to determine whether the program cap for the statewide parental choice program has been exceeded.

The bill also requires DPI to establish a waiting list for a parental choice program if the program cap for the parental choice program has been exceeded.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1040,1 Section 1 . 115.7915 (2) (intro.) of the statutes is amended to read:

AB1040,2,5 115.7915 (2) Scholarship requirements. (intro.) Beginning in the 2016-17 school year, the department shall, subject to sub. (11), provide to a child with a disability a scholarship under sub. (4m) (a) to attend an eligible school if all of the following apply:

AB1040,2 Section 2. 115.7915 (11) of the statutes is created to read:

AB1040,3,8 115.7915 (11) Sunset. Beginning in the 2022-23 school year, the department may not provide a scholarship under this section to a child with a disability to attend a private school unless the child attended a private school under a scholarship under this section in the 2021-22 school year. If the child does not attend a private school under a scholarship under this section in any school year after the 2021-22 school year, the department may not provide a scholarship under this section to the child for any school year after that school year.

AB1040,3 Section 3 . 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB1040,3,15 118.60 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (bh), any pupil in grades kindergarten to 12 who resides within in an eligible school district may attend any private school under this section and, subject to pars. (ag), (ar), (be), (bh), (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 if all of the following apply:

AB1040,4 Section 4 . 118.60 (2) (a) 2. g. of the statutes is amended to read:

AB1040,3,19 118.60 (2) (a) 2. g. If the pupil resides in a school district, other than an eligible school district or a 1st class city school district, the pupil was on a waiting list under sub. (3) (am) 4. or (ar) 4. in any previous school year.

AB1040,5 Section 5 . 118.60 (2) (be) 3. of the statutes is amended to read:

AB1040,3,23 118.60 (2) (be) 3. Beginning with the 2026-27 school year, there is no limit on the number of pupils who may attend private schools the limits under this section paragraph do not apply.

AB1040,6 Section 6 . 118.60 (2) (bh) of the statutes is created to read:

AB1040,3,25 118.60 (2) (bh) 1. In this paragraph, “program cap” means any of the following:

AB1040,4,3 a. For an eligible school district, the total number of pupils residing in the eligible school district who attended a private school under this section in the 2021-22 school year.

AB1040,4,6 b. For all school districts, other than an eligible school district or a 1st class city school district, the total number of pupils residing in those school districts who attended a private school under this section in the 2021-22 school year.

AB1040,4,9 2. a. Beginning with the 2022-23 school year, the total number of pupils residing in an eligible school district who may attend a private school under this section during a school year may not exceed the program cap under subd. 1. a.