1 | 1 | | LRB-5484/1 |
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2 | 2 | | FFK:skw |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 1026 |
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5 | 5 | | January 29, 2024 - Introduced by Representatives BINSFELD, BEHNKE, DITTRICH, |
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6 | 6 | | DONOVAN, EDMING, MAXEY, MELOTIK, MYERS, MURPHY, MURSAU, NEDWESKI, |
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7 | 7 | | O'CONNOR, PENTERMAN, SCHMIDT and SNYDER, cosponsored by Senators |
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8 | 8 | | STROEBEL, CABRAL-GUEVARA and FEYEN. Referred to Committee on Education. |
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9 | 9 | | ***AUTHORS SUBJECT TO CHANGE*** |
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10 | 10 | | AN ACT to create 118.33 (6) (a) 4., 118.33 (6) (b) 2r., 118.33 (6) (c) 4. and 118.33 |
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11 | 11 | | (6) (cr) 4. of the statutes; relating to: prohibiting grade promotion on the basis |
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12 | 12 | | of absences from school. |
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13 | 13 | | Analysis by the Legislative Reference Bureau |
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14 | 14 | | Beginning in the 2025-26 school year, this bill prohibits a school board, the |
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15 | 15 | | governing body of a private school participating in a parental choice program, and |
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16 | 16 | | the operator of an independent charter school from promoting a pupil to the next |
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17 | 17 | | grade if the pupil was absent from school for more than the equivalent of 30 full days |
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18 | 18 | | of school during the school year. Under the bill, absences on days of school for which |
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19 | 19 | | the compulsory school attendance law does not apply to a pupil are not counted for |
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20 | 20 | | this purpose. Under current law, the compulsory school attendance law does not |
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21 | 21 | | apply to a pupil if 1) the pupil is excused because the pupil is temporarily not in |
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22 | 22 | | proper physical or mental condition to attend a school program but is expected to |
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23 | 23 | | return to a school program upon termination or abatement of the illness or condition; |
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24 | 24 | | 2) the pupil is excused in accordance with a written attendance policy and with the |
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25 | 25 | | written approval of the pupil's parent or guardian; 3) the pupil is excused in writing |
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26 | 26 | | by his or her parent or guardian before the absence; or 4) the pupil is excused in |
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27 | 27 | | writing by the pupil's parent or guardian and by the principal of the pupil's school |
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28 | 28 | | for the purpose of serving as an election official. |
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29 | 29 | | The bill requires each school board, governing body of a private school |
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30 | 30 | | participating in a parental choice program, and the operator of an independent |
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31 | 31 | | charter school, by July 1, 2025, to adopt a written policy for grade promotion that |
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34 | 34 | | 3 - 2 -2023 - 2024 Legislature LRB-5484/1 |
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35 | 35 | | FFK:skw |
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36 | 36 | | ASSEMBLY BILL 1026 |
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37 | 37 | | requires that a pupil not have missed more than the equivalent of 30 full days of |
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38 | 38 | | school in order to be eligible to be promoted to the next grade. Current law requires |
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39 | 39 | | school boards, governing bodies of a private schools participating in a parental choice |
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40 | 40 | | program, and operators of independent charter schools to adopt written policies that |
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41 | 41 | | specify criteria for promoting a pupil from fourth grade to fifth grade and from eighth |
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42 | 42 | | grade to ninth grade, and by July 1, 2025, for promoting a pupil from third grade to |
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43 | 43 | | fourth grade. |
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44 | 44 | | For further information see the local fiscal estimate, which will be printed as |
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45 | 45 | | an appendix to this bill. |
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46 | 46 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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47 | 47 | | enact as follows: |
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48 | 48 | | SECTION 1. 118.33 (6) (a) 4. of the statutes is created to read: |
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49 | 49 | | 118.33 (6) (a) 4. By July 1, 2025, each school board shall adopt a written policy |
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50 | 50 | | for grade promotion that requires that, to be eligible for promotion to the next grade, |
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51 | 51 | | a pupil may not have been absent from school for more than the equivalent of 30 full |
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52 | 52 | | days of school during the school year. For purposes of a policy under this subdivision, |
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53 | 53 | | a school board may not count a pupil's absence that occurs on a day of school if s. |
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54 | 54 | | 118.15 does not apply to the pupil attending school on that day under s. 118.15 (3). |
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55 | 55 | | A school board may not promote a pupil to the next grade unless the pupil is eligible |
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56 | 56 | | for promotion to the next grade, as specified in the school board's policy under this |
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57 | 57 | | subdivision. |
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58 | 58 | | SECTION 2. 118.33 (6) (b) 2r. of the statutes is created to read: |
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59 | 59 | | 118.33 (6) (b) 2r. By July 1, 2025, each operator of a charter school under s. |
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60 | 60 | | 118.40 (2r) or (2x) shall adopt a written policy for grade promotion that requires that, |
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61 | 61 | | to be eligible for promotion to the next grade, a pupil may not have been absent from |
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62 | 62 | | school for more than the equivalent of 30 full days of school during the school year. |
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63 | 63 | | For purposes of a policy under this subdivision, an operator of a charter school under |
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64 | 64 | | s. 118.40 (2r) or (2x) may not count a pupil's absence that occurs on a day of school |
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81 | 81 | | 17 - 3 -2023 - 2024 Legislature |
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82 | 82 | | LRB-5484/1 |
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83 | 83 | | FFK:skw |
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84 | 84 | | SECTION 2 |
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85 | 85 | | ASSEMBLY BILL 1026 |
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86 | 86 | | if s. 118.15 does not apply to the pupil attending school on that day under s. 118.15 |
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87 | 87 | | (3). An operator of a charter school under s. 118.40 (2r) or (2x) may not promote a |
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88 | 88 | | pupil to the next grade unless the pupil is eligible for promotion to the next grade, |
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89 | 89 | | as specified in the charter school operator's policy under this subdivision. |
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90 | 90 | | SECTION 3. 118.33 (6) (c) 4. of the statutes is created to read: |
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91 | 91 | | 118.33 (6) (c) 4. By July 1, 2025, the governing body of each private school |
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92 | 92 | | participating in the program under s. 119.23 shall adopt a written policy for grade |
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93 | 93 | | promotion that requires that, to be eligible for promotion to the next grade, a pupil |
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94 | 94 | | may not have been absent from school for more than the equivalent of 30 full days |
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95 | 95 | | of school during the school year. For purposes of a policy under this subdivision, the |
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96 | 96 | | governing body of a private school participating in the program under s. 119.23 may |
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97 | 97 | | not count a pupil's absence that occurs on a day of school if s. 118.15 does not apply |
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98 | 98 | | to the pupil attending school on that day under s. 118.15 (3). The governing body of |
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99 | 99 | | a private school participating in the program under s. 119.23 may not promote a pupil |
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100 | 100 | | to the next grade unless the pupil is eligible for promotion to the next grade, as |
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101 | 101 | | specified in the governing body's policy under this subdivision. |
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102 | 102 | | SECTION 4. 118.33 (6) (cr) 4. of the statutes is created to read: |
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103 | 103 | | 118.33 (6) (cr) 4. By July 1, 2025, the governing body of each private school |
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104 | 104 | | participating in the program under s. 118.60 shall adopt a written policy for grade |
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105 | 105 | | promotion that requires that, to be eligible for promotion to the next grade, a pupil |
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106 | 106 | | may not have been absent from school for more than the equivalent of 30 full days |
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107 | 107 | | of school during the school year. For purposes of a policy under this subdivision, the |
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108 | 108 | | governing body of a private school participating in the program under s. 118.60 may |
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109 | 109 | | not count a pupil's absence that occurs on a day of school if s. 118.15 does not apply |
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110 | 110 | | to the pupil attending school on that day under s. 118.15 (3). The governing body of |
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135 | 135 | | 25 - 4 -2023 - 2024 Legislature LRB-5484/1 |
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136 | 136 | | FFK:skw |
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137 | 137 | | SECTION 4 ASSEMBLY BILL 1026 |
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138 | 138 | | a private school participating in the program under s. 118.60 may not promote a pupil |
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139 | 139 | | to the next grade unless the pupil is eligible for promotion to the next grade, as |
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140 | 140 | | specified in the governing body's policy under this subdivision. |
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141 | 141 | | (END) |
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