SB70-AA7,100,15 118.60 (3) (b) If a participating private school rejects an applicant who resides within in an eligible school district because 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. (am) 4. may, subject to sub. (2) (bh) 2. a., 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 an eligible school district. 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.

SB70-AA7,270 Section 270. 118.60 (3) (c) of the statutes is amended to read:

SB70-AA7,101,4 118.60 (3) (c) If a participating private school rejects an applicant who resides in a school district, other than an eligible school district or a 1st class city school district, because 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 a waiting list under par. (ar) 4. a. or b. may, subject to sub. (2) (be) and (bh) 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 in a school district, other than an eligible school district or a 1st class city school district. 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.

SB70-AA7,271 Section 271. 118.60 (4v) (b) of the statutes is amended to read:

SB70-AA7,101,11 118.60 (4v) (b) If the department considers a pupil as a resident of an eligible school district 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 sub. (2) (be) and that the pupil is not counted for that school year for purposes of determining whether a program cap under sub. (2) (bh) 2. a. or b. has been exceeded.

SB70-AA7,272 Section 272. 118.60 (4v) (c) of the statutes is created to read:

SB70-AA7,101,16 118.60 (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 an eligible school district or a 1st class city school district, who is enrolled in the private school under this section:

SB70-AA7,101,18 1. The pupil was a resident of an eligible school district when the pupil applied to participate in the program under this section.

SB70-AA7,101,20 2. The pupil accepted a space at a private school participating in the program under this section as a resident of an eligible school district.

SB70-AA7,101,22 3. The pupil resides in a school district, other than an eligible school district or a 1st class city school district, on the 3rd Friday in September.

SB70-AA7,101,25 4. The private school the pupil is attending under this section accepts applications under this section from pupils who reside in school districts, other than an eligible school district or a 1st class city school district.

SB70-AA7,273 Section 273. 118.60 (4v) (d) of the statutes is created to read:

SB70-AA7,102,8 118.60 (4v) (d) If the department considers a pupil as a resident of a school district, other than an eligible school district 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 sub. (2) (be) and that the pupil is not counted for that school year for purposes of determining whether a program cap under sub. (2) (bh) 2. a. or b. has been exceeded.

SB70-AA7,274 Section 274. 119.23 (2) (a) (intro.) of the statutes is amended to read:

SB70-AA7,102,12 119.23 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (b), any pupil in grades kindergarten to 12 who resides within the city may attend any private school if all of the following apply:

SB70-AA7,275 Section 275. 119.23 (2) (b) of the statutes is created to read:

SB70-AA7,102,16 119.23 (2) (b) 1. In this paragraph, “program cap” means the total number of pupils residing in the city who attended a private school under this section in the 2023-24 school year.

SB70-AA7,102,19 2. Beginning with the 2024-25 school year, the total number of pupils residing in the city who may attend a private school under this section during a school year may not exceed the program cap.

SB70-AA7,276 Section 276. 119.23 (3) (a) (intro.) of the statutes is amended to read:

SB70-AA7,103,9 119.23 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. No later than 60 days after the end of the application period during which an application is received and subject to par. (ar), the private school shall notify each applicant, in writing, whether his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. A Subject to par. (ar), a private school may reject an applicant only if it the private school has reached its maximum general capacity or seating capacity. The Except as provided in par. (ar), the state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference to the following in accepting applications, in order of preference listed:

SB70-AA7,277 Section 277. 119.23 (3) (ar) of the statutes is created to read:

SB70-AA7,103,12 119.23 (3) (ar) All of the following apply to applications to attend a private school under this section submitted by pupils who reside in the city:

SB70-AA7,103,19 1. A private school that has submitted a notice of intent to participate under sub. (2) (a) 3. may accept applications for a school year during application periods determined by the department from pupils who reside in the city. For each school year, the department shall establish one or more application periods under this subdivision, the first of which begins no later than the first weekday in February of the school year before the applicable school year, and the last of which ends no later than September 14 of the applicable school year.

SB70-AA7,104,2 2. Each private school that received applications under subd. 1. shall report to the department the number of pupils who applied under subd. 1. to attend the private school under this section and the names of those applicants who have siblings who also applied under subd. 1. to attend the private school under this section. The private school shall submit the report no later than 10 days after each application period described under subd. 1. during which the private school received applications.

SB70-AA7,104,13 3. After the end of each application period described under subd. 1., upon receipt of the information under subd. 2., the department shall determine the sum of all applicants for pupils residing in the city. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program under this section only once. If, after the end of an application period described under subd. 1., the sum of all applicants for pupils residing in the city exceeds the program cap under sub. (2) (b), the department shall determine which applications submitted during the application period to accept on a random basis, except that the department shall give preference to the applications of pupils described in par. (a) 1. to 5., in the order of preference listed in that paragraph.

SB70-AA7,104,16 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.

SB70-AA7,104,23 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.

SB70-AA7,278 Section 278. 119.23 (3) (b) of the statutes is amended to read:

SB70-AA7,105,10 119.23 (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.