SB70-AA7,95,1210 a. For an eligible school district, the total number of pupils residing in the
11eligible school district who attended a private school under this section in the
122023-24 school year.
SB70-AA7,95,1513 b. For all school districts, other than an eligible school district or a 1st class city
14school district, the total number of pupils residing in those school districts who
15attended a private school under this section in the 2023-24 school year.
SB70-AA7,95,1816 2. a. Beginning with the 2024-25 school year, the total number of pupils
17residing in an eligible school district who may attend a private school under this
18section during a school year may not exceed the program cap under subd. 1. a.
SB70-AA7,95,2219 b. Beginning with the 2024-25 school year, the total number of pupils residing
20in school districts, other than an eligible school district or a 1st class city school
21district, who may attend a private school under this section during a school year may
22not exceed the program cap under subd. 1. b.
SB70-AA7,261 23Section 261. 118.60 (3) (a) (intro.) of the statutes is amended to read:
SB70-AA7,96,1224 118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit
25an application, on a form provided by the state superintendent, to the participating

1private school that the pupil wishes to attend. If more than one pupil from the same
2family applies to attend the same private school, the pupils may use a single
3application. No later than 60 days after the end of the application period during
4which an application is received and subject to par. pars. (am) and (ar), the private
5school shall notify each applicant, in writing, whether his or her application has been
6accepted. If the private school rejects an application, the notice shall include the
7reason. Subject to par. pars. (am) and (ar), a private school may reject an applicant
8only if it the private school has reached its maximum general capacity or seating
9capacity. Except as provided in par. pars. (am) and (ar), the state superintendent
10shall ensure that the private school determines which pupils to accept on a random
11basis, except that the private school may give preference to the following in accepting
12applications, in the order of preference listed:
SB70-AA7,262 13Section 262. 118.60 (3) (am) of the statutes is created to read:
SB70-AA7,96,1514 118.60 (3) (am) All of the following apply to applications to attend a private
15school under this section submitted by pupils who reside in an eligible school district:
SB70-AA7,96,2216 1. A private school that has submitted a notice of intent to participate under
17sub. (2) (a) 3. a. may accept applications for a school year during application periods
18determined by the department from pupils who reside in an eligible school district.
19For each school year, the department shall establish one or more application periods
20under this subdivision, the first of which begins no earlier than the first weekday in
21February of the school year before the applicable school year, and the last of which
22ends no later than September 14 of the applicable school year.
SB70-AA7,97,423 2. Each private school that received applications under subd. 1. shall report to
24the department the number of pupils who applied under subd. 1. to attend the private
25school under this section and the names of those applicants who have siblings who

1also applied under subd. 1. to attend the private school under this section. The
2private school shall submit the report no later than 10 days after each application
3period described under subd. 1. during which the private school received
4applications.
SB70-AA7,97,155 3. After the end of each application period described under subd. 1., upon
6receipt of the information under subd. 2., the department shall determine the sum
7of all applicants for pupils residing in an eligible school district. In determining the
8sum, the department shall count a pupil who has applied to attend more than one
9private school under the program under this section only once. If, after the end of
10an application period described under subd. 1., the sum of all applicants for pupils
11residing in an eligible school district exceeds the program cap under sub. (2) (bh) 2.
12a., the department shall determine which applications submitted during the
13application period to accept on a random basis, except that the department shall give
14preference to the applications of pupils described in par. (a) 1m. to 5., in the order of
15preference listed in that paragraph.
SB70-AA7,97,1816 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (bh) 2. a.,
17the department shall establish a waiting list in accordance with the preferences
18required under subd. 3.
SB70-AA7,98,219 5. A private school that has accepted a pupil who resides in an eligible school
20district under this paragraph shall notify the department whenever the private
21school determines that a pupil will not attend the private school under this
22paragraph. If, upon receiving notice under this subdivision, the department
23determines that the number of pupils attending private schools under this section
24falls below the program cap under sub. (2) (bh) 2. a., the department shall fill any

1available slot with a pupil selected from the waiting list established under subd. 4.,
2if such a waiting list exists.
SB70-AA7,263 3Section 263. 118.60 (3) (ar) (intro.) of the statutes is amended to read:
SB70-AA7,98,74 118.60 (3) (ar) (intro.) All of the following apply to applications to attend a
5private school under this section only if the limitation under sub. (2) (be) applies to
6the school year for which the application is made
submitted by pupils who reside in
7a school district, other than an eligible school district or a 1st class city school district
:
SB70-AA7,264 8Section 264. 118.60 (3) (ar) 3. of the statutes is renumbered 118.60 (3) (ar) 3.
9(intro.) and amended to read:
SB70-AA7,98,2110 118.60 (3) (ar) 3. (intro.) Annually After the end of the application period
11described under subd. 1.
, upon receipt of the information under subd. 2., the
12department shall, for each school district, determine the sum of all applicants for
13pupils residing in that school district under this paragraph and the sum of all
14applicants for pupils residing in all school districts, other than an eligible school
15district or a 1st class city school district
. In determining the sum those sums, the
16department shall count a pupil who has applied to attend more than one private
17school under the program only once. After determining the sum of all applicants for
18pupils residing in a school district,
those sums, if any of the following applies, the
19department shall determine which applications to accept on a random basis, except
20that the department shall give preference to the applications of pupils described in
21par. (a) 1m. to 5., in the order of preference listed in that paragraph .:
SB70-AA7,265 22Section 265. 118.60 (3) (ar) 3. a. and b. of the statutes are created to read:
SB70-AA7,98,2523 118.60 (3) (ar) 3. a. The sum of all applicants for pupils residing in a school
24district, other than an eligible school district or a 1st class city school district, exceeds
25the school district's pupil participation limit under sub. (2) (be).
SB70-AA7,99,3
1b. The sum of all applicants for pupils residing in all school districts, other than
2an eligible school district or a 1st class city school district, exceeds the program cap
3under sub. (2) (bh) 2. b.
SB70-AA7,266 4Section 266. 118.60 (3) (ar) 4. of the statutes is renumbered 118.60 (3) (ar) 4.
5(intro.) and amended to read:
SB70-AA7,99,106 118.60 (3) (ar) 4. (intro.) For each school district in which private schools
7received applications under subd. 1. that exceeded the school district's pupil
8participation limit under sub. (2) (be), the
The department shall establish a waiting
9list in accordance with the preferences required under subd. 3. for each of the
10following:
SB70-AA7,267 11Section 267. 118.60 (3) (ar) 4. a. and b. of the statutes are created to read:
SB70-AA7,99,1412 118.60 (3) (ar) 4. a. A school district, other than an eligible school district or a
131st class city school district, for which the sum described under subd. 3. a. exceeds
14the school district's pupil participation limit under sub. (2) (be).
SB70-AA7,99,1715 b. All school districts, other than an eligible school district or a 1st class city
16school district, if the sum described under subd. 3. b. exceeds the program cap under
17sub. (2) (bh) 2. b.
SB70-AA7,268 18Section 268. 118.60 (3) (ar) 5. of the statutes is amended to read:
SB70-AA7,99,2519 118.60 (3) (ar) 5. A private school that has accepted a pupil who resides in a
20school district, other than an eligible school district or a 1st class city school district,
21under this paragraph shall notify the department whenever the private school
22determines that a pupil will not attend the private school under this paragraph. If,
23upon receiving notice under this subdivision, the department determines that the
24number of pupils attending private schools under this section falls below a school
25district's pupil participation limit under sub. (2) (be), or below the program cap under

1sub. (2) (bh) 2. b.,
the department shall fill any available slot in that school district
2or program with a pupil selected from the school district's applicable waiting list
3established under subd. 4., if such a waiting list exists.
SB70-AA7,269 4Section 269. 118.60 (3) (b) of the statutes is amended to read:
SB70-AA7,100,155 118.60 (3) (b) If a participating private school rejects an applicant who resides
6within in an eligible school district because the private school has too few available
7spaces, the applicant may transfer his or her application to a participating private
8school that has space available. An applicant who is rejected under this paragraph
9or an applicant who is on the waiting list under par. (am) 4. may, subject to sub. (2)
10(bh) 2. a.,
be admitted to a private school participating in the program under this
11section for the following school year, provided that the applicant continues to reside
12within in an eligible school district. The department may not require, in that
13following school year, the private school to submit financial information regarding
14the applicant or to verify the eligibility of the applicant to participate in the program
15under this section on the basis of family income.