Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1042 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1042
5	5	February 2, 2024 - Introduced by Representative RODRIGUEZ, cosponsored by
6	6	Senator STROEBEL. Referred to Committee on Education.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to repeal 20.255 (2) (fu), 48.78 (2) (L), 49.32 (6m), 69.20 (3) (h), 103.005
9	9	(14m), 115.7915 (8m), 118.30 (2) (b) 5., 118.301 (3) (c), 118.33 (6) (c), 118.38 (4),
10	10	118.60 (title) and (1) (am), 118.60 (2) (a) 1. b., c. and d., 118.60 (2) (a) 2., 118.60
11	11	(2) (a) 3., 118.60 (2) (a) 6. c. and d., 118.60 (2) (a) 7. a., 118.60 (2) (ag) (intro.),
12	12	118.60 (2) (ag) 1. b. and c., 118.60 (2) (ag) 2. a., 118.60 (2) (ag) 2. b., 118.60 (2)
13	13	(ag) 4., 118.60 (2) (be), (bm) and (bs), 118.60 (3) (ar), 118.60 (3) (b), 118.60 (3) (c),
14	14	118.60 (3) (d), 118.60 (4) (bg) 1., 2. and 4., 118.60 (4) (bg) 5., 118.60 (4v), 118.60
15	15	(6m) (intro.) and (a) (intro.) and (b), 118.60 (7) (am) 2m. c., 118.60 (7) (b) (intro.)
16	16	and 2m., 118.60 (7) (d) (intro.) and 3., 118.60 (12), 119.23, 119.23 (2) (ag) 1. b.
17	17	and c., 119.23 (2) (ag) 2. b., 121.08 (4) (b) 1. and 3. and 938.78 (2) (L); to
18	18	renumber 118.60 (6p) (a) 2.; to renumber and amend 118.60 (1) (intro.), (ab),
19	19	(ad), (af), (ag), (bn), (c), (cm), (d) and (g), 118.60 (2) (a) (intro.), 118.60 (2) (a) 1.
20	20	a., 118.60 (2) (a) 4., 118.60 (2) (a) 5., 118.60 (2) (a) 6. a., 118.60 (2) (a) 6. b., 118.60
21	21	(2) (a) 7. b., 118.60 (2) (a) 7. c., 118.60 (2) (a) 8., 118.60 (2) (a) 9., 118.60 (2) (ag)
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38	38	1., 118.60 (2) (ag) 2. c., 118.60 (2) (ag) 5., 118.60 (2) (ar), 118.60 (2) (c) 1., 118.60
39	39	(2) (c) 2., 118.60 (2) (d), 118.60 (3) (a) (intro.), 118.60 (3) (a) 1m., 2m., 3., 4. and
40	40	5., 118.60 (3m) (a), 118.60 (3m) (am), 118.60 (3m) (b), 118.60 (3m) (c), 118.60 (4)
41	41	(a), 118.60 (4) (bg) 3., 118.60 (4) (c), 118.60 (4d) (a), 118.60 (4d) (b), 118.60 (4m),
42	42	118.60 (4r), 118.60 (4s), 118.60 (5), 118.60 (6), 118.60 (6m) (a) 1. to 9., 118.60 (6m)
43	43	(bm), 118.60 (6m) (c), 118.60 (6m) (d), 118.60 (6p) (a) 1., 118.60 (6p) (b), 118.60
44	44	(7) (ad) 1., 118.60 (7) (ad) 2., 118.60 (7) (ad) 3., 118.60 (7) (ag), 118.60 (7) (am)
45	45	1m., 118.60 (7) (am) 2m. b., 118.60 (7) (am) 3., 118.60 (7) (an), 118.60 (7) (b) 1.,
46	46	118.60 (7) (b) 2., 118.60 (7) (b) 3., 118.60 (7) (b) 3m., 118.60 (7) (b) 4. to 6., 118.60
47	47	(7) (c), 118.60 (7) (d) 1. a., 118.60 (7) (d) 1. b., 118.60 (7) (dr), 118.60 (7) (e), 118.60
48	48	(7) (em) 1. and 2., 118.60 (7) (g), 118.60 (7) (h), 118.60 (7m) (a) (intro.), 1. and 2.,
49	49	(b) and (c), 118.60 (9), 118.60 (9m), 118.60 (10) (a) (intro.), 1., 2., 3., 5., 6., 7. and
50	50	8., 118.60 (10) (am), 118.60 (10) (ar), 118.60 (10) (b), 118.60 (10) (c), 118.60 (10)
51	51	(d) and 118.60 (11); to consolidate, renumber and amend 118.60 (2) (ag) 1.
52	52	(intro.) and a., 118.60 (6p) (intro.) and (a) (intro.), 118.60 (7) (am) 2m. (intro.)
53	53	and a., 118.60 (7) (b) 7. a. and b., 119.23 (2) (ag) 1. (intro.) and a. and 121.08 (4)
54	54	(b) (intro.) and 2.; to amend 20.255 (1) (j), 20.255 (2) (fr), 20.255 (2) (fv), 39.51
55	55	(2), 39.51 (3) (e), 39.51 (4) (intro.), 49.83, 115.28 (54m), 115.364 (1) (am), 115.383
56	56	(1) (c), 115.383 (2) (intro.), 115.383 (3) (b), 115.383 (4), 115.383 (5), 115.385 (2),
57	57	115.385 (3) (intro.), 115.385 (3) (b), 115.385 (4), 115.39 (1) (b) 2., 115.39 (3) (a)
58	58	2. b., 115.7915 (4m) (e) 2., 115.7915 (6) (e), 115.7915 (6) (i), 115.7915 (6) (k),
59	59	118.015 (1m) (c) and (d), 118.015 (5), 118.124 (1) (a), 118.125 (4), 118.30 (1g) (a)
60	60	3., 118.30 (1g) (a) 4., 118.30 (1s) (intro.), 118.30 (1s) (a), 118.30 (1s) (b), 118.30
61	61	(1s) (bm), 118.30 (1s) (c), 118.30 (1s) (cm), 118.30 (1s) (d), 118.30 (1t), 118.30 (2)
62	62	(b) 1., 118.30 (2) (b) 2., 118.30 (2) (b) 6., 118.30 (5m), 118.301 (3) (d), 118.301 (4)
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90	90	ASSEMBLY BILL 1042
91	91	(a), 118.33 (1) (f) 2m., 118.33 (1) (f) 2r., 118.33 (1) (f) 3., 118.33 (1m) (a) 1., 118.33
92	92	(1m) (a) 2. a., 118.33 (1m) (a) 2. b., 118.33 (1m) (a) 3., 118.33 (1m) (b), 118.33 (6)
93	93	(cr), 118.40 (2r) (e) 2p. a., 118.56 (1), 118.57 (1), 118.57 (2), 118.60 (2) (a) 3. a.,
94	94	118.60 (2) (ag) 2. a., 118.60 (2) (ag) 4., 118.60 (2) (ar), 119.23 (2) (a) 3., 119.23 (2)
95	95	(ag) 2. a., 119.23 (2) (ag) 4., 119.23 (2) (ar), 119.33 (2) (b) 3. c., 119.46 (1), 119.9002
96	96	(2) (d) 3. (intro.), 121.07 (2) (b), 121.085, 121.137 (2), 121.91 (2m) (c) 1., 121.91
97	97	(2m) (c) 4., 121.91 (2m) (d) 1., 121.91 (2m) (d) 4., 121.91 (4) (n) 1., 146.89 (1) (d)
98	98	2., 146.89 (1) (g) 3. and 938.49 (2) (b); to repeal and recreate 115.7915 (1) and
99	99	115.7915 (2) (c); and to create 115.001 (3t), 115.7915 (2) (i), 115.7915 (2m),
100	100	115.7915 (4) (c), 115.7915 (4m) (g), 115.7915 (6) (em), 115.7915 (6) (L), 115.7915
101	101	(6) (m), 115.7915 (6) (n), 115.7915 (8) (am), 115.7915 (8) (ap), subchapter I (title)
102	102	of chapter 118 [precedes 118.001], 118.60 (2) (ag) 2. c., subchapter II (title) of
103	103	chapter 118 [precedes 118.70], 118.70 (3), (6), (7), (8), (9), (11), (12), (16), (17),
104	104	(18) and (20), 118.71, 118.72 (title), 118.72 (1) (b), 118.72 (1) (c), 118.72 (2),
105	105	118.72 (3) (title), 118.72 (3) (d), 118.72 (4), 118.73 (title) and (1), 118.74 (title),
106	106	118.74 (3) (title), 118.74 (3) (a) 2., 118.74 (3) (b) 2., 118.74 (4) (title), 118.75 (title),
107	107	118.75 (2), 118.75 (3) (intro.), 118.76 (title) and (2) (title), 118.76 (1) (a) 1. and
108	108	2., 118.76 (4), 118.76 (5), 118.76 (7), 118.77 (title), 118.77 (1) (b), 118.77 (1) (d),
109	109	118.77 (2) (b) to (e), 118.78 (title), 118.78 (1) (intro.), 118.79 (title), 118.79 (5),
110	110	118.80 (title), 118.80 (4) (a) and (b), 118.80 (9) (title), 118.80 (9) (d) 2., 118.81
111	111	(title), 118.81 (1) (title), 118.81 (1) (c), 118.81 (2) (title), 118.82 (title), 118.82 (4)
112	112	(title), 118.83 (title), 118.83 (2) (title), 118.84 (title), 118.84 (1), 118.84 (2) (title),
113	113	118.84 (4) (title), 118.84 (4) (a) 1., 118.84 (7), 118.85 (title) and (3) (title), 118.87
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138	138	ASSEMBLY BILL 1042
139	139	(6) and 119.23 (2) (ag) 2. c. of the statutes; relating to: combining the choice
140	140	programs and granting rule-making authority.
141	141	Analysis by the Legislative Reference Bureau
142	142	Private School Choice Program
143	143	Under current law, the Department of Public Instruction administers the
144	144	Milwaukee Parental Choice Program, the Racine Parental Choice Program, and the
145	145	Wisconsin Parental Choice Program. Current law includes a pupil participation
146	146	limit on the WPCP that applies through the end of the 2025-26 school year.
147	147	Under the bill, beginning in the 2026-27 school year, DPI will administer the
148	148	MPCP, the RPCP, and the WPCP as a single program, to be known as the Private
149	149	School Choice Program. The bill does not change the pupil eligibility requirements
150	150	that exist under each of the current parental choice programs. For example, under
151	151	the bill, to be eligible for the Private School Choice Program, a pupil who resides in
152	152	the Racine Unified School District must meet the eligibility requirements under the
153	153	RPCP: certain prior year school attendance requirements and a family income that
154	154	does not exceed 300 percent of the federal poverty level. Similarly, to be eligible for
155	155	the Private School Choice Program, a pupil who resides in a school district other than
156	156	the Racine Unified School District or Milwaukee Public Schools must meet the
157	157	eligibility requirements under the WPCP: certain prior year school attendance
158	158	requirements and a family income that does not exceed 220 percent of the federal
159	159	poverty level.
160	160	Under the bill, to participate in the 2025-26 school year, private schools will
161	161	submit to DPI an intent to participate for the MPCP, RPCP, or WPCP. Similarly, for
162	162	attendance during the 2025-26 school year, pupils will apply to attend a
163	163	participating private school under the MPCP, RPCP, or WPCP. During the 2025-26
164	164	school year, DPI will transition to the Private School Choice Program created under
165	165	this bill but will continue to administer the combined program as the three separate
166	166	parental choice programs. Under the bill, intents to participate and pupil
167	167	applications made during the 2025-26 school year for participation or attendance in
168	168	the 2026-27 school year are for the Private School Choice Program.
169	169	Other changes
170	170	In addition to establishing the Private School Choice Program, the bill includes
171	171	the following substantive changes:
172	172	1. The bill creates a reenrollment process for choice pupils who attend a
173	173	participating private school on the January count date. Beginning in the 2025-26
174	174	school year, during a reenrollment period that occurs at the end of January, a
175	175	participating private school must determine, for each grade it will offer in the
176	176	following school year, if it will have enough choice program seats in the following
177	177	school year to offer a choice program seat to each of its current choice pupils. If the
178	178	participating private school has enough choice program seats for all of its current
179	179	choice pupils, the participating private school must notify the parents of each current
180	180	choice pupil that the pupil has been offered a choice program seat for the following
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185	185	ASSEMBLY BILL 1042
186	186	school year and the process for the parent to accept the choice program seat. If the
187	187	private school determines that it does not have enough choice program seats to offer
188	188	all of its current choice pupils a choice program seat for the following school year, the
189	189	private school must determine, on a random basis, which current choice pupils
190	190	receive a choice program seat for the following school year. The private school must
191	191	then notify the parents of each current choice pupil who does not receive a choice
192	192	program seat for the following school year that the pupil has been placed on the
193	193	waiting list for the following school year and notify the parents of each current choice
194	194	pupil that receives a choice program seat for the following school year that the pupil
195	195	is being offered a choice program seat for the following school year and the process
196	196	for the parent to accept the choice program seat.
197	197	2. Beginning in the 2025-26 school year, if a participating private school offers
198	198	virtual instruction, the participating private school must ensure that a teacher is
199	199	responsible for various aspects of the virtual instruction and pupil learning related
200	200	to that virtual instruction. These requirements mirror current law that applies to
201	201	virtual charter schools. Additionally, beginning with an intent to participate in a
202	202	parental choice program in the 2025-26 school year, a private school must indicate
203	203	in its intent to participate whether the private school intends to offer virtual
204	204	instruction and, if so, the amount and type of virtual instruction the private school
205	205	intends to offer. These changes also apply to a private school participating in the
206	206	Special Needs Scholarship Program.
207	207	3. Beginning in the 2025-26 school year, a participating private school must
208	208	have a physical location in this state from which the private school is operated. The
209	209	bill does not require that pupils receive instruction at the physical location. This
210	210	change also applies to a private school participating in the SNSP.
211	211	4. Beginning in the 2025-26 school year, the bill allows individuals employed
212	212	by a participating private school who hold a substitute teaching permit issued by DPI
213	213	to teach at a participating private school, as allowed under the substitute teaching
214	214	permit. This change also applies to teachers at a private school participating in the
215	215	SNSP. Additional changes to teacher qualifications under the SNSP are discussed
216	216	below.
217	217	5. The bill makes changes to the financial audit that participating private
218	218	schools must submit to DPI, including the fiscal and internal practices control report.
219	219	Under the bill, beginning in the 2025-26 school year, a management letter is not
220	220	required.
221	221	6. For new private schools that intend to first participate in a parental choice
222	222	program in the 2025-26 school year, the bill makes various changes to the initial
223	223	requirements that must be satisfied during the 2024-25 school year. For example,
224	224	a new private school that submits a bond to DPI must provide an updated bond under
225	225	certain circumstances.
226	226	7. The bill changes various deadlines in the Private School Choice Program.
227	227	Special Needs Scholarship Program
228	228	The bill also makes the following changes to the SNSP:
229	229	1. Under current law, a private school may participate in the SNSP if the
230	230	private school is accredited or if the private school is approved as a private school by - 6 -2023 - 2024 Legislature LRB-5304/1
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232	232	ASSEMBLY BILL 1042
233	233	the state superintendent of public instruction. Beginning in the 2025-26 school year,
234	234	a private school must be accredited to participate in the SNSP. The bill provides
235	235	exceptions for private schools that participated in the SNSP before the 2025-26
236	236	school year. Under the bill, DPI may bar a private school from participating in the
237	237	SNSP for failing to comply with the accreditation requirements created in the bill.
238	238	2. The bill makes various changes to the financial audit that private schools
239	239	participating in the SNSP must submit to DPI, including the fiscal and internal
240	240	control practices report. Under the bill, the financial audit requirements are the
241	241	same under the SNSP and the Private School Choice Program.
242	242	3. Beginning in the 2025-26 school year, teachers and administrators at a
243	243	private school participating in the SNSP are subject to the same requirements that
244	244	apply to teachers and administrators at a private school participating in the Private
245	245	School Choice Program. In general, the private school must ensure that a teacher
246	246	has a teaching license issued by DPI or a bachelor's degree or higher, including a
247	247	master's or doctorate, from an accredited institution of higher education, and that
248	248	an administrator has a teaching or administrator license issued by DPI or at least
249	249	a bachelor's degree from an accredited institution of higher education. The bill
250	250	creates a waiver process for a teacher who has taught for at least the five consecutive
251	251	years immediately preceding July 1, 2025, but does not satisfy the teacher
252	252	requirements created in the bill. The bill also requires that, beginning in the
253	253	2025-26 school year, a teacher's aide at a private school participating in the SNSP
254	254	has at least a high school diploma, declaration of equivalency of high school
255	255	graduation, or general educational development certificate of high school
256	256	equivalency.
257	257	4. Beginning in the 2025-26 school year, a private school participating in the
258	258	SNSP must allow a child attending the private school under the SNSP to opt out of
259	259	participating in any religious activity if the child's parent submits a written request
260	260	to the child's teacher or the private school's principal.
261	261	For further information see the state fiscal estimate, which will be printed as
262	262	an appendix to this bill.
263	263	The people of the state of Wisconsin, represented in senate and assembly, do
264	264	enact as follows:
265	265	SECTION 1. 20.255 (1) (j) of the statutes is amended to read:
266	266	20.255 (1) (j) Milwaukee Parental Choice Program and the parental Private
267	267	school choice program for eligible school districts and other school districts; financial
268	268	audits. All moneys received under ss. 118.60 (2) (a) 3. and (ag) 1. c. and 119.23 (2)
269	269	(a) 3. and (ag) 1. c. s. 118.73 (1) (b) to be used to evaluate the financial information
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277	277	SECTION 1
278	278	ASSEMBLY BILL 1042
279	279	submitted under s. 119.23 (7) (am) and (d) 3. and (7m) (a) 2. by private schools
280	280	participating in the Milwaukee Parental Choice Program and under s. 118.60 (7)
281	281	(am) and (d) 3. and (7m) (a) 2. 118.83 by private schools participating in the private
282	282	school choice program under s. 118.60 subch. II of ch. 118.
283	283	SECTION 2. 20.255 (2) (fr) of the statutes is amended to read:
284	284	20.255 (2) (fr) Parental Private school choice program for eligible school
285	285	districts and other school districts. A sum sufficient to make the payments to private
286	286	schools under s. 118.60 (4) and (4m) 118.84 (1) and (2).
287	287	SECTION 3. 20.255 (2) (fu) of the statutes is repealed.
288	288	SECTION 4. 20.255 (2) (fv) of the statutes is amended to read:
289	289	20.255 (2) (fv) Milwaukee Parental Choice Program and the parental choice
290	290	Private school choice program for eligible school districts and other school districts;
291	291	transfer pupils. A sum sufficient to make the payments under ss. 118.60 (4r) and
292	292	119.23 (4r) s. 118.84 (5).
293	293	SECTION 5. 39.51 (2) of the statutes is amended to read:
294	294	39.51 (2) Beginning in the 2018-19 school year, from From the appropriation
295	295	under s. 20.235 (1) (c), the board shall award grants to school districts, charter
296	296	schools authorized under s. 118.40 (2r), and private schools participating in a the
297	297	private school choice program under s. 118.60 or 119.23 subch. II of ch.118 to support
298	298	dual enrollment programs taught in high schools. These grants shall be awarded for
299	299	the purpose of assisting high school teachers in covering tuition expenses for courses
300	300	taken to meet the minimal qualifications necessary to teach dual enrollment courses.
301	301	SECTION 6. 39.51 (3) (e) of the statutes is amended to read:
302	302	39.51 (3) (e) A private school participating in the private school choice program
303	303	under s. 118.60 or 119.23 subch. II of ch.118.
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330	330	SECTION 7 ASSEMBLY BILL 1042
331	331	SECTION 7. 39.51 (4) (intro.) of the statutes is amended to read:
332	332	39.51 (4) (intro.) Following the school year in which a school district, charter
333	333	school authorized under s. 118.40 (2r), or private school participating in a the private
334	334	school choice program under s. 118.60 or 119.23 subch. II of ch.118 receives a grant
335	335	under sub. (2), the school district, charter school, or private school shall submit to the
336	336	board a report that includes all of the following information:
337	337	SECTION 8. 48.78 (2) (L) of the statutes is repealed.
338	338	SECTION 9. 49.32 (6m) of the statutes is repealed.
339	339	SECTION 10. 49.83 of the statutes is amended to read:
340	340	49.83 Limitation on giving information. Except as provided under ss.
341	341	49.25 and 49.32 (6m), (9), (10), and (10m), no person may use or disclose information
342	342	concerning applicants and recipients of relief funded by a relief block grant, aid to
343	343	families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social
344	344	services, child and spousal support and establishment of paternity and medical
345	345	support liability services under s. 49.22, or supplemental payments under s. 49.77
346	346	for any purpose not connected with the administration of the programs, except that
347	347	the departments of children and families and health services may disclose, including
348	348	by transmitting or granting access to electronic data, such information, including
349	349	social security numbers, to the department of revenue for the sole purposes of
350	350	administering state taxes, including verifying refundable individual income tax
351	351	credits, and collecting debts owed to the department of revenue. Any person
352	352	violating this section may be fined not less than $25 nor more than $500 or
353	353	imprisoned in the county jail not less than 10 days nor more than one year or both.
354	354	SECTION 11. 69.20 (3) (h) of the statutes is repealed.
355	355	SECTION 12. 103.005 (14m) of the statutes is repealed.
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380	380	25 - 9 -2023 - 2024 Legislature
381	381	LRB-5304/1
382	382	FFK:emw&wlj
383	383	SECTION 13
384	384	ASSEMBLY BILL 1042
385	385	SECTION 13. 115.001 (3t) of the statutes is created to read:
386	386	115.001 (3t) PRIVATE SCHOOL CHOICE PROGRAM. “Private school choice program”
387	387	has the meaning given for “choice program” in s. 118.70 (3).
388	388	SECTION 14. 115.28 (54m) of the statutes is amended to read:
389	389	115.28 (54m) NOTICE OF EDUCATIONAL OPTIONS. Include on the home page of the
390	390	department's Internet site website a link to information about all of the educational
391	391	options available to children in the state who are at least 3 years old but not yet 18
392	392	years old, including public schools, private schools participating in a parental the
393	393	private school choice program, charter schools, virtual schools, full-time or
394	394	part-time open enrollment in a nonresident school district, the early college credit
395	395	program, and options for pupils enrolled in a home-based private educational
396	396	program.
397	397	SECTION 15. 115.364 (1) (am) of the statutes is amended to read:
398	398	115.364 (1) (am) “Eligible private school” means a private school participating
399	399	in a parental the private school choice program under s. 118.60 or 119.23 that
400	400	increased the amount it expended in the preceding school year to employ, hire, or
401	401	retain social workers over the amount it expended in the school year immediately
402	402	preceding the preceding school year to employ, hire, or retain social workers.
403	403	SECTION 16. 115.383 (1) (c) of the statutes is amended to read:
404	404	115.383 (1) (c) If the proposal is approved under par. (b), the state
405	405	superintendent shall ensure that information about pupils enrolled in charter
406	406	schools and about pupils enrolled in private schools participating in a parental the
407	407	private school choice program under s. 118.60 or 119.23, including their academic
408	408	performance and demographic information, aggregated by school district, school,
409	409	and teacher, is collected and maintained in the student information system.
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435	435	FFK:emw&wlj
436	436	SECTION 17 ASSEMBLY BILL 1042
437	437	SECTION 17. 115.383 (2) (intro.) of the statutes is amended to read:
438	438	115.383 (2) (intro.) If the student information system is established under sub.
439	439	(1), each school district, charter school, and private school using the system under
440	440	sub. (1) shall include in the system the following information for each teacher
441	441	teaching in the school district or school who completed a teacher education program
442	442	described in s. 115.28 (7) (a) or (e) 2. and located in this state on or after January 1,
443	443	2012, or, for each teacher teaching in a private school participating in a parental the
444	444	private school choice program under s. 118.60 or 119.23, who obtained a bachelor's
445	445	degree from an institution located in this state on or after July 1, 2010:
446	446	SECTION 18. 115.383 (3) (b) of the statutes is amended to read:
447	447	115.383 (3) (b) Beginning in the 2015-16 school year, the The state
448	448	superintendent shall ensure that every charter school established under s. 118.40
449	449	(2r) or (2x) and every private school participating in a parental the private school
450	450	choice program under s. 118.60 or 119.23 is either using the system under sub. (1)
451	451	or is using a system that is commercially available and able to obtain pupil
452	452	identification numbers under sub. (5).
453	453	SECTION 19. 115.383 (4) of the statutes is amended to read:
454	454	115.383 (4) A private school participating in a parental the private school
455	455	choice program under s. 118.60 or 119.23 is not required to include information about
456	456	pupils who are not attending the private school under s. 118.60 or 119.23 the private
457	457	school choice program in the system it is using under sub. (3).
458	458	SECTION 20. 115.383 (5) of the statutes is amended to read:
459	459	115.383 (5) The state superintendent shall assign to each pupil attending a
460	460	public school or charter school, and to each pupil attending a private school under
461	461	s. 118.60 or 119.23 the private school choice program, a unique identification number
462	462	1
463	463	2
464	464	3
465	465	4
466	466	5
467	467	6
468	468	7
469	469	8
470	470	9
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477	477	16
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486	486	25 - 11 -2023 - 2024 Legislature
487	487	LRB-5304/1
488	488	FFK:emw&wlj
489	489	SECTION 20
490	490	ASSEMBLY BILL 1042
491	491	for use in the student information system. The state superintendent shall not assign
492	492	to any pupil an identification number that is identical to or incorporates the pupil's
493	493	social security number or that uses any other personally identifying information.
494	494	SECTION 21. 115.385 (2) of the statutes is amended to read:
495	495	115.385 (2) Beginning with the accountability report published for the 2015-16
496	496	school year, the The department shall include in its annual school accountability
497	497	report under sub. (1) charter schools established under s. 118.40 (2r) or (2x) and
498	498	private schools participating in a parental the private school choice program under
499	499	s. 118.60 or 119.23. The department shall use the same criteria to measure the
500	500	performance of all schools included in the annual school accountability report.
501	501	SECTION 22. 115.385 (3) (intro.) of the statutes is amended to read:
502	502	115.385 (3) (intro.) On an accountability report published for a private school
503	503	participating in a the private school choice program under s. 118.60 or 119.23, the
504	504	department shall specify the percentage of pupils attending the private school under
505	505	the private school choice program and comply with one of the following:
506	506	SECTION 23. 115.385 (3) (b) of the statutes is amended to read:
507	507	115.385 (3) (b) For a private school that submits achievement data for those
508	508	pupils attending the private school under s. 118.60 or 119.23 the private school choice
509	509	program and achievement data for all other pupils attending the private school,
510	510	assign to the private school a performance category derived from data about pupils
511	511	attending the school under s. 118.60 or 119.23 the private school choice program and
512	512	identify the performance category as the choice pupil performance category. The
513	513	department shall also assign a 2nd performance category, derived from data about
514	514	all pupils attending the private school including pupils attending the private school
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538	538	24 - 12 -2023 - 2024 Legislature LRB-5304/1
539	539	FFK:emw&wlj
540	540	SECTION 23 ASSEMBLY BILL 1042
541	541	under s. 118.60 or 119.23 the private school choice program, as the private school
542	542	performance category.
543	543	SECTION 24. 115.385 (4) of the statutes is amended to read:
544	544	115.385 (4) Annually, each public school, including a charter school, and each
545	545	private school participating in a parental the private school choice program under
546	546	s. 118.60 or 119.23 shall provide a copy of the school's accountability report to the
547	547	parent or guardian of each pupil enrolled in or attending the school. Each school
548	548	shall simultaneously provide to the parent or guardian of each pupil enrolled in the
549	549	school a list of the educational options available to children who reside in the pupil's
550	550	resident school district, including public schools, private schools participating in a
551	551	parental the private school choice program, charter schools, virtual schools,
552	552	full-time or part-time open enrollment in a nonresident school district, the youth
553	553	apprenticeship program under s. 106.13, the early college credit program, and
554	554	options for pupils enrolled in a home-based private educational program. A school
555	555	that does not operate high school grades is not required to include an educational
556	556	option that is offered only to high school pupils in a list of educational options
557	557	provided under this subsection.
558	558	SECTION 25. 115.39 (1) (b) 2. of the statutes, as created by 2023 Wisconsin Act
559	559	20, is amended to read:
560	560	115.39 (1) (b) 2. A private school participating in a the private school choice
561	561	program under s. 118.60 or 119.23.
562	562	SECTION 26. 115.39 (3) (a) 2. b. of the statutes, as created by 2023 Wisconsin
563	563	Act 20, is amended to read:
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586	586	23 - 13 -2023 - 2024 Legislature
587	587	LRB-5304/1
588	588	FFK:emw&wlj
589	589	SECTION 26
590	590	ASSEMBLY BILL 1042
591	591	115.39 (3) (a) 2. b. From the eligible schools identified under subd. 1., the office
592	592	shall select at least 2 eligible schools that are private schools participating in a the
593	593	private school choice program under s. 118.60 or 119.23.
594	594	SECTION 27. 115.7915 (1) of the statutes is repealed and recreated to read:
595	595	115.7915 (1) DEFINITIONS. In this section:
596	596	(a) “Accrediting entity" has the meaning given in s. 118.70 (1).
597	597	(b) “Administrator” means the superintendent, supervising principal,
598	598	executive director, or other person who acts as the administrative head of a private
599	599	school participating in the program under this section.
600	600	(c) “Disqualified accrediting organization" has the meaning given in s. 118.70
601	601	(4).
602	602	(d) “Eligible school” means a private school located in this state.
603	603	(e) “January count date” means the 2nd Friday in January or an alternative
604	604	date designated by the department under sub. (4) (c).
605	605	(f) “Preaccreditation" has the meaning given in s. 118.70 (13).
606	606	(g) “Preaccrediting entity" has the meaning given in s. 118.70 (14).
607	607	(h) “Resident school board” means the school board of a resident school district.
608	608	(i) “Resident school district” means the school district in which a pupil resides.
609	609	(j) “September count date” means the 3rd Friday in September or an
610	610	alternative date designated by the department under sub. (4) (c).
611	611	(k) “Services plan” has the meaning given in 34 CFR 300.37.
612	612	(L) “Teacher” has the meaning given in s. 118.70 (19).
613	613	SECTION 28. 115.7915 (2) (c) of the statutes is repealed and recreated to read:
614	614	115.7915 (2) (c) The eligible school satisfies the requirements under sub. (2m).
615	615	SECTION 29. 115.7915 (2) (i) of the statutes is created to read:
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640	640	25 - 14 -2023 - 2024 Legislature LRB-5304/1
641	641	FFK:emw&wlj
642	642	SECTION 29 ASSEMBLY BILL 1042
643	643	115.7915 (2) (i) The eligible school maintains at least one physical location in
644	644	this state from which the eligible school is operated.
645	645	SECTION 30. 115.7915 (2m) of the statutes is created to read:
646	646	115.7915 (2m) ACCREDITATION. (a) Each private school that begins
647	647	participation in the program under this section in a school year beginning on or after
648	648	the effective date of this paragraph .... [LRB inserts date], and that is not accredited
649	649	by an accrediting entity, shall obtain preaccreditation by a preaccrediting entity by
650	650	the first weekday in August before the first school term in which the private school
651	651	begins participation in the program under this section, or by the first weekday in
652	652	May if the private school begins participation in the program during summer school.
653	653	A private school to which this paragraph applies may apply for and seek to obtain
654	654	preaccreditation from one preaccrediting entity each school year. A private school
655	655	to which this paragraph applies that fails to obtain preaccreditation as required
656	656	under this paragraph may not begin participation in the program under this section
657	657	until preaccreditation has been obtained, but the private school may apply for and
658	658	seek to obtain preaccreditation from a preaccrediting entity for a subsequent school
659	659	year. The fact that a private school has obtained preaccreditation does not require
660	660	an accrediting entity to accredit the private school.
661	661	(b) Each private school that begins participation in the program under this
662	662	section in a school year beginning on or after the effective date of this paragraph ....
663	663	[LRB inserts date], and that is not accredited by an accrediting entity by the first
664	664	weekday in August before the first school term in which the private school begins
665	665	participation in the program under this section shall do all of the following:
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688	688	23 - 15 -2023 - 2024 Legislature
689	689	LRB-5304/1
690	690	FFK:emw&wlj
691	691	SECTION 30
692	692	ASSEMBLY BILL 1042
693	693	1. Apply for accreditation by an accrediting entity by the last weekday in
694	694	December of the first school year in which the private school begins participation in
695	695	the program under this section.
696	696	2. Achieve accreditation by an accrediting entity by the first weekday in
697	697	December of the 3rd school year following the first school year in which the private
698	698	school begins participation in the program under this section.
699	699	(c) 1. If a private school that is participating in the program under this section
700	700	and that is accredited to offer instruction in any elementary grade, but not any high
701	701	school grade, seeks to offer instruction in any high school grade, the private school
702	702	shall do all of the following:
703	703	a. Apply for accreditation of the high school grades by an accrediting entity by
704	704	the last weekday in December of the first school year in which the private school
705	705	offers instruction in a high school grade.
706	706	b. Achieve accreditation for the high school grades by the first weekday in
707	707	December of the 3rd school year following the first school year in which the private
708	708	school provides instruction in a high school grade.
709	709	2. If a private school that is participating in the program under this section and
710	710	that is accredited to offer instruction in any high school grade, but not any
711	711	elementary grade, seeks to offer instruction in any elementary grade, the private
712	712	school shall do all of the following:
713	713	a. Apply for accreditation of the elementary grades by an accrediting entity by
714	714	the last weekday in December of the first school year in which the private school
715	715	offers instruction in an elementary grade.
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738	738	23 - 16 -2023 - 2024 Legislature LRB-5304/1
739	739	FFK:emw&wlj
740	740	SECTION 30 ASSEMBLY BILL 1042
741	741	b. Achieve accreditation for the elementary grades by the first weekday in
742	742	December of the 3rd school year following the first school year in which the private
743	743	school provides instruction in an elementary grade.
744	744	(d) 1. The governing body of a private school participating in the program under
745	745	this section, except for a private school obtaining accreditation as allowed under par.
746	746	(c), shall ensure that the private school continuously maintains accreditation from
747	747	an accrediting entity as long as the private school continues to participate in the
748	748	program under this section.
749	749	2. The governing body of a private school participating in the program under
750	750	this section shall, subject to subd. 3., annually, by the first weekday in August,
751	751	provide the department with evidence demonstrating that the private school
752	752	remains accredited for the current school year as required under this subsection.
753	753	The governing body of the private school shall include as evidence of accreditation
754	754	a notice prepared by an accrediting entity that confirms that the private school is
755	755	accredited by that entity as of the date of the notice.
756	756	3. The governing body of a private school participating in the program under
757	757	this section shall immediately notify the department if its accreditation status
758	758	changes.
759	759	(e) If a private school participating in the program under this section learns
760	760	that an accrediting entity with which the private school is maintaining accreditation,
761	761	as required under this subsection, is a disqualified accrediting organization, the
762	762	private school shall immediately notify the department in writing of this fact and
763	763	shall obtain accreditation from an accrediting entity no later than 3 years from the
764	764	date on which the private school learned that the accrediting entity is a disqualified
765	765	accrediting organization.
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790	790	25 - 17 -2023 - 2024 Legislature
791	791	LRB-5304/1
792	792	FFK:emw&wlj
793	793	SECTION 30
794	794	ASSEMBLY BILL 1042
795	795	(f) If any accrediting or preaccrediting entity determines during the accrediting
796	796	or preaccrediting process that a private school does not meet all of the requirements
797	797	under s. 118.165 (1), it shall report that failure to the department.
798	798	(g) Notwithstanding pars. (a), (b), and (d), a private school that was a first-time
799	799	participant in the program under this section before the effective date of this
800	800	paragraph .... [LRB inserts date], and that qualified to participate in the program
801	801	under this section as a private school approved under s. 118.165 (2), 2023 stats., is
802	802	not required to meet the requirements under this subsection unless the private
803	803	school adds a grade or changes its curriculum. If the private school adds a grade or
804	804	changes curriculum in the 2025-26 school year or any school year thereafter, the
805	805	private school shall achieve accreditation by an accrediting entity by December 15
806	806	of the 3rd school year following the school year in which the private school adds a
807	807	grade or changes its curriculum.
808	808	(h) Notwithstanding par. (c), a private school that participated in the program
809	809	under this section in the 2024-25 school year, and for purposes of participating in
810	810	that school year satisfied the requirement under s. 115.7915 (2) (c), 2023 stats., as
811	811	an accredited private school, as required under s. 115.7915 (2) (c), 2023 stats., but
812	812	was not accredited for each grade at which the private school offered instruction
813	813	during the 2024-25 school year, shall do all of the following:
814	814	1. Apply for accreditation of all grades offered by the private school by an
815	815	accrediting entity by December 31, 2025.
816	816	2. Achieve accreditation of all grades offered by the private school by December
817	817	1, 2028.
818	818	SECTION 31. 115.7915 (4) (c) of the statutes is created to read:
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843	843	FFK:emw&wlj
844	844	SECTION 31 ASSEMBLY BILL 1042
845	845	115.7915 (4) (c) If pupils enrolled in a private school participating in the
846	846	program under this section or receiving a payment under sub. (4m) will not be in
847	847	attendance at the private school on the 3rd Friday in September or the 2nd Friday
848	848	in January because of a regularly scheduled holiday or for a reason approved by the
849	849	governing body of the private school, upon request from the private school, the
850	850	department shall designate an alternative count date for the private school.
851	851	SECTION 32. 115.7915 (4m) (e) 2. of the statutes is amended to read:
852	852	115.7915 (4m) (e) 2. If a child who has been determined to be ineligible under
853	853	subd. 1. continues to attend the private school he or she attended under a scholarship
854	854	awarded under par. (a), for each school year the child attends the private school
855	855	beginning with the school year following the determination under subd. 1., the
856	856	department shall pay, from the appropriation under s. 20.255 (2) (az), to the private
857	857	school, on behalf of the child's parent or guardian, an amount equal to the
858	858	appropriate per pupil amount paid to a private school participating in a parental the
859	859	private school choice program under s. 118.60 or 119.23 in that school year. The
860	860	department shall make scholarship payments under this paragraph in accordance
861	861	with the payment schedule specified in s. 119.23 (4) (c) par. (b).
862	862	SECTION 33. 115.7915 (4m) (g) of the statutes is created to read:
863	863	115.7915 (4m) (g) Beginning in the 2025-26 school year, a private school
864	864	participating in the program under this section shall engage an independent auditor
865	865	to complete an enrollment attestation report for the September count date and for
866	866	the January count date. An independent auditor completing an enrollment
867	867	attestation report under this paragraph shall comply with the attestation standards
868	868	established by the American Institute of Certified Public Accountants. Each
869	869	enrollment attestation report shall identify at least all of the following:
870	870	1
871	871	2
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894	894	25 - 19 -2023 - 2024 Legislature
895	895	LRB-5304/1
896	896	FFK:emw&wlj
897	897	SECTION 33
898	898	ASSEMBLY BILL 1042
899	899	1. Pupils who were not eligible for a payment under this section but for whom
900	900	the private school received a payment under this section.
901	901	2. Pupils who have incorrect data in the department's database who are
902	902	attending the private school under the program under this section.
903	903	3. Pupils attending the private school participating in the program under the
904	904	section for whom the private school did not receive a payment under this section.
905	905	SECTION 34. 115.7915 (6) (e) of the statutes is amended to read:
906	906	115.7915 (6) (e) Annually, by the last weekday in October 15 following a school
907	907	year in which a private school participated in the program under this section, submit
908	908	to the department an independent financial audit of the private school conducted by
909	909	an independent certified public accountant, accompanied by the auditor's statement
910	910	that the report is free of material misstatements and fairly presents the private
911	911	school's eligible education expenses, and beginning in the 2nd school year a private
912	912	school participates in the program under this section, a copy of a management letter
913	913	prepared by the auditor. If the private school annually received a total of at least
914	914	$100,000 under this section and ss. 118.60 and 119.23 the private school choice
915	915	program in any school year, the audit shall be prepared in accordance with generally
916	916	accepted accounting principles with allowable modifications for long-term fixed
917	917	assets. If the private school has not annually received a total of at least $100,000
918	918	under this section and ss. 118.60 and 119.23 the private school choice program in any
919	919	school year, the audit shall be prepared as prescribed by the department by rule. The
920	920	audit shall include a calculation of the private school's net eligible education
921	921	expenses and a calculation of the balance of the private school's fund for future
922	922	eligible education expenses. The auditor shall conduct his or her audit, including
923	923	determining sample sizes and evaluating financial viability, in accordance with the
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950	950	SECTION 34 ASSEMBLY BILL 1042
951	951	auditing standards established by the American Institute of Certified Public
952	952	Accountants. The department may not require an auditor to comply with standards
953	953	that exceed the scope of the standards established by the American Institute of
954	954	Certified Public Accountants. If a private school participating in a the program
955	955	under this section is part of an organization and the private school and the
956	956	organization share assets, liabilities, or eligible education expenses, the private
957	957	school may submit an audit of the private school or of the organization of which it is
958	958	a part. If a private school that is part of an organization with which it shares assets,
959	959	liabilities, or eligible education expenses submits an audit of only the private school,
960	960	the independent auditor shall use his or her professional judgment to allocate any
961	961	shared assets, liabilities, and eligible education expenses between the organization
962	962	and the private school. If a private school participating in the program under this
963	963	section also accepts pupils under s. 118.60 or 119.23 the private school choice
964	964	program, the private school may submit one comprehensive financial audit to satisfy
965	965	the requirements of this paragraph and ss. 118.60 (7) (am) 2m. and 119.23 (7) (am)
966	966	2m., whichever are applicable the private school choice program. The private school
967	967	shall include in the comprehensive financial audit the information specified under
968	968	ss. 118.60 (7) (am) 2m. and 119.23 (7) (am) 2m. s. 118.83 (2). Each private school
969	969	participating in the program under this section is subject to uniform financial
970	970	accounting standards established by the department.
971	971	SECTION 35. 115.7915 (6) (em) of the statutes is created to read:
972	972	115.7915 (6) (em) Beginning in the 2025-26 school year, if the private school
973	973	participates in the private school choice program, received at least $50,000 in
974	974	scholarships under this section in any previous school year, or expects to receive
975	975	$50,000 in scholarships under this section during a school year, submit to the
976	976	1
977	977	2
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979	979	4
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1003	1003	SECTION 35
1004	1004	ASSEMBLY BILL 1042
1005	1005	department evidence of sound fiscal and internal control practices as prescribed by
1006	1006	the department by rule by the last weekday in October following the school year in
1007	1007	which the private school participated in the program under this section. An
1008	1008	independent auditor engaged to evaluate the private school's fiscal and internal
1009	1009	control practices shall conduct the evaluation, including determining sample sizes,
1010	1010	in accordance with attestation standards established by the American Institute of
1011	1011	Certified Public Accountants.
1012	1012	SECTION 36. 115.7915 (6) (i) of the statutes is amended to read:
1013	1013	115.7915 (6) (i) Regularly report to the parent of a child attending the private
1014	1014	school and receiving a scholarship under this section, except for the parent of a child
1015	1015	who has been determined to no longer have a disability, on the child's progress.
1016	1016	SECTION 37. 115.7915 (6) (k) of the statutes is amended to read:
1017	1017	115.7915 (6) (k) Annually, on or before the first Monday after the 3rd Friday
1018	1018	in September 15, file with the department a report stating its summer daily
1019	1019	attendance for each day of summer school for the purpose of sub. (4p).
1020	1020	SECTION 38. 115.7915 (6) (L) of the statutes is created to read:
1021	1021	115.7915 (6) (L) 1. a. Beginning in the 2025-26 school year, except as provided
1022	1022	in subd. 1. b. or c. or 2., ensure that all of the private school's teachers have a teaching
1023	1023	license issued by the department or a bachelor's degree or a degree or educational
1024	1024	credential higher than a bachelor's degree, including a master's or doctorate, from
1025	1025	a nationally or regionally accredited institution of higher education.
1026	1026	b. A teacher employed by the private school who teaches only courses in
1027	1027	rabbinical studies is not required to have a bachelor's degree or a teaching license
1028	1028	issued by the department.
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1030	1030	2
1031	1031	3
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1054	1054	SECTION 38 ASSEMBLY BILL 1042
1055	1055	c. An individual employed by a private school who holds a substitute teacher
1056	1056	permit issued under s. 118.19 (7m) may teach at the private school as allowed under
1057	1057	the substitute teacher permit.
1058	1058	2. Any teacher employed on July 1, 2025, by a private school participating in
1059	1059	the program under this section, who has been teaching for at least the 5 consecutive
1060	1060	years immediately preceding July 1, 2025, and who does not satisfy the requirements
1061	1061	under subd. 1. on July 1, 2025, shall apply to the department on a form prepared by
1062	1062	the department for a temporary, nonrenewable waiver from the requirements under
1063	1063	subd. 1. The department shall promulgate rules to implement this subdivision
1064	1064	including the form of the application and the process by which the waiver application
1065	1065	will be reviewed. The application form shall require the applicant to submit a plan
1066	1066	for satisfying the requirements under subd. 1., including the name of the accredited
1067	1067	institution of higher education at which the teacher is pursuing or will pursue the
1068	1068	bachelor's degree and the anticipated date on which the teacher expects to complete
1069	1069	the bachelor's degree. No waiver granted under this subdivision is valid after July
1070	1070	1, 2030.
1071	1071	3. a. Beginning in the 2025-26 school year, except as provided in subd. 3. b.,
1072	1072	ensure that all of the private school's administrators have at least a bachelor's degree
1073	1073	from a nationally or regionally accredited institution of higher education or a
1074	1074	teaching license or administrator license issued by the department.
1075	1075	b. An administrator of the private school that prepares and trains pupils
1076	1076	attending the private school in rabbinical studies is not required to have a bachelor's
1077	1077	degree or a teaching license or administrator license issued by the department.
1078	1078	4. Beginning in the 2025-26 school year, ensure that all of the private school's
1079	1079	teacher's aides satisfy at least one of the following:
1080	1080	1
1081	1081	2
1082	1082	3
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1084	1084	5
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1107	1107	SECTION 38
1108	1108	ASSEMBLY BILL 1042
1109	1109	a. The individual graduated from high school.
1110	1110	b. The individual obtained a declaration of equivalency of high school
1111	1111	graduation.
1112	1112	c. The individual obtained a high school diploma by the administrator of a
1113	1113	home-based private educational program.
1114	1114	d. The individual obtained a general educational development certificate of
1115	1115	high school equivalency.
1116	1116	e. The individual obtained a degree or educational credential higher than a
1117	1117	high school diploma, declaration of equivalency of high school graduation, or general
1118	1118	educational development certificate of high school equivalency.
1119	1119	SECTION 39. 115.7915 (6) (m) of the statutes is created to read:
1120	1120	115.7915 (6) (m) Beginning in the 2025-26 school year, ensure that a pupil
1121	1121	attending the private school under this section is not required to participate in any
1122	1122	religious activity if the pupil's parent or guardian submits to the pupil's teacher or
1123	1123	the private school's principal a written request that the pupil be exempt from
1124	1124	religious activities.
1125	1125	SECTION 40. 115.7915 (6) (n) of the statutes is created to read:
1126	1126	115.7915 (6) (n) Beginning in the 2025-26 school year, if the private school
1127	1127	offers virtual instruction to pupils receiving a scholarship under this section, ensure
1128	1128	that a teacher is responsible for all of the following for each pupil receiving the virtual
1129	1129	instruction:
1130	1130	1. Improving learning by planned instruction.
1131	1131	2. Diagnosing learning needs.
1132	1132	3. Prescribing content delivery through class activities.
1133	1133	4. Assessing learning.
1134	1134	1
1135	1135	2
1136	1136	3
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1160	1160	SECTION 40 ASSEMBLY BILL 1042
1161	1161	5. Reporting outcomes to administrators and parents and guardians.
1162	1162	6. Evaluating the effects of instruction.
1163	1163	SECTION 41. 115.7915 (8) (am) of the statutes is created to read:
1164	1164	115.7915 (8) (am) The department may bar a private school from participating
1165	1165	in the program under this section in the following school year if the department
1166	1166	determines that any of the following has occurred:
1167	1167	1. The private school has not complied with the requirements under sub. (2m)
1168	1168	(d).
1169	1169	2. The private school's application for accreditation has been denied by the
1170	1170	accrediting entity.
1171	1171	3. The private school has not achieved accreditation within the periods allowed
1172	1172	under sub. (2m) (a) and (b).
1173	1173	SECTION 42. 115.7915 (8) (ap) of the statutes is created to read:
1174	1174	115.7915 (8) (ap) 1. If the department determines that any of the following has
1175	1175	occurred, the department shall issue an order barring a private school's participation
1176	1176	in the program under this section at the end of the current school year:
1177	1177	a. The private school participating in the program under this section failed to
1178	1178	continuously maintain accreditation as required under sub. (2m) (d).
1179	1179	b. The governing body of the private school participating in the program under
1180	1180	this section has withdrawn the private school from the accreditation process.
1181	1181	c. The private school's accreditation has been revoked, denied, or terminated
1182	1182	by an accrediting entity.
1183	1183	2. A private school whose participation in the program under this section is
1184	1184	barred under subd. 1. may not participate in the program under this section until the
1185	1185	governing body of the private school demonstrates to the satisfaction of the
1186	1186	1
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1213	1213	SECTION 42
1214	1214	ASSEMBLY BILL 1042
1215	1215	department that it has obtained accreditation from an accrediting entity, provided
1216	1216	the accreditation is from an accrediting entity other than the accrediting entity with
1217	1217	which the private school failed to continuously maintain accreditation or, if the
1218	1218	private school's accreditation was revoked, denied, or terminated, other than the
1219	1219	accrediting entity that revoked, denied, or terminated the private school's
1220	1220	accreditation.
1221	1221	SECTION 43. 115.7915 (8m) of the statutes is repealed.
1222	1222	SECTION 44. Subchapter I (title) of chapter 118 [precedes 118.001] of the
1223	1223	statutes is created to read:
1224	1224	CHAPTER 118
1225	1225	SUBCHAPTER I
1226	1226	SCHOOL OPERA TIONS
1227	1227	SECTION 45. 118.015 (1m) (c) and (d) of the statutes, as created by 2023
1228	1228	Wisconsin Act 20, are amended to read:
1229	1229	118.015 (1m) (c) The department shall award grants to reimburse school
1230	1230	boards, operators of charter schools, and governing bodies of private schools
1231	1231	participating in a the private school choice program under s. 118.60 or 119.23 that
1232	1232	adopt a literacy curriculum from the recommendations adopted under par. (b) after
1233	1233	January 1, 2024. A grant under this paragraph shall be an amount equal to one-half
1234	1234	of the costs of purchasing the literacy curriculum and instructional materials
1235	1235	adopted from the recommendations adopted under par . (b). If the amount
1236	1236	appropriated for this purpose is insufficient to pay the full amount to all grant
1237	1237	recipients under this paragraph, the department shall prorate the grant awards
1238	1238	among all grant recipients.
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1264	1264	SECTION 45 ASSEMBLY BILL 1042
1265	1265	(d) Beginning on July 21, 2023, no school board, operator of a charter school,
1266	1266	or governing body of a private school participating in a the private school choice
1267	1267	program under s. 118.60 or 119.23 may purchase curricula or instructional materials
1268	1268	that include 3-cueing.
1269	1269	SECTION 46. 118.015 (5) of the statutes, as created by 2023 Wisconsin Act 20,
1270	1270	is amended to read:
1271	1271	118.015 (5) PROHIBITED INSTRUCTIONAL PRACTICES; 3-CUEING. Beginning in the
1272	1272	2024-25 school year, no public school, including a charter school, or private school
1273	1273	participating in a the private school choice program under s. 118.60 or 119.23 may
1274	1274	provide instruction that incorporates 3-cueing in the core reading curriculum for
1275	1275	grades kindergarten to 3 or in supplemental materials, including materials used for
1276	1276	reading intervention, for pupils in grades kindergarten to 3.
1277	1277	SECTION 47. 118.124 (1) (a) of the statutes, as created by 2023 Wisconsin Act
1278	1278	12, is amended to read:
1279	1279	118.124 (1) (a) “Participating private high school" means a private school
1280	1280	participating in a parental the private school choice program under s. 118.60 or
1281	1281	119.23 that operates high school grades.
1282	1282	SECTION 48. 118.125 (4) of the statutes is amended to read:
1283	1283	118.125 (4) TRANSFER OF RECORDS. No later than the next working day, a school
1284	1284	district, a private school participating in the private school choice program under s.
1285	1285	118.60 or in the program under s. 119.23, and the governing body of a private school
1286	1286	that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for
1287	1287	the operation and general management of a school transferred to an opportunity
1288	1288	schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II
1289	1289	of ch. 119 shall transfer to another school, including a private or tribal school, or
1290	1290	1
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1317	1317	SECTION 48
1318	1318	ASSEMBLY BILL 1042
1319	1319	school district all pupil records relating to a specific pupil if the transferring school
1320	1320	district or private school has received written notice from the pupil if he or she is an
1321	1321	adult or his or her parent or guardian if the pupil is a minor that the pupil intends
1322	1322	to enroll in the other school or school district or written notice from the other school
1323	1323	or school district that the pupil has enrolled or from a court that the pupil has been
1324	1324	placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured
1325	1325	residential care center for children and youth, as defined in s. 938.02 (15g). In this
1326	1326	subsection, “school" and “school district" include any juvenile correctional facility,
1327	1327	secured residential care center for children and youth, adult correctional institution,
1328	1328	mental health institute, or center for the developmentally disabled that provides an
1329	1329	educational program for its residents instead of or in addition to that which is
1330	1330	provided by public, private, and tribal schools.
1331	1331	SECTION 49. 118.30 (1g) (a) 3. of the statutes is amended to read:
1332	1332	118.30 (1g) (a) 3. The governing body of each private school participating in the
1333	1333	program under s. 119.23 and the governing body of a private school that, pursuant
1334	1334	to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation
1335	1335	and general management of a school transferred to an opportunity schools and
1336	1336	partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall
1337	1337	adopt pupil academic standards in mathematics, science, reading and writing,
1338	1338	geography, and history. The governing body of the private school may adopt the pupil
1339	1339	academic standards issued by the governor as executive order no. 326, dated January
1340	1340	13, 1998.
1341	1341	SECTION 50. 118.30 (1g) (a) 4. of the statutes is amended to read:
1342	1342	118.30 (1g) (a) 4. The governing body of each private school participating in the
1343	1343	private school choice program under s. 118.60 shall adopt pupil academic standards
1344	1344	1
1345	1345	2
1346	1346	3
1347	1347	4
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1370	1370	SECTION 50 ASSEMBLY BILL 1042
1371	1371	in mathematics, science, reading and writing, geography, and history. The governing
1372	1372	body of the private school may adopt the pupil academic standards issued by the
1373	1373	governor as executive order no. 326, dated January 13, 1998.
1374	1374	SECTION 51. 118.30 (1s) (intro.) of the statutes is amended to read:
1375	1375	118.30 (1s) (intro.) Annually, the governing body of each private school
1376	1376	participating in the program under s. 119.23, other than a private school at which
1377	1377	fewer than 20 pupils in grades 3 to 12 are attending the school under the program
1378	1378	under s. 119.23, and the governing body of a private school that, pursuant to s.
1379	1379	115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and
1380	1380	general management of a school transferred to an opportunity schools and
1381	1381	partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall
1382	1382	do all of the following:
1383	1383	SECTION 52. 118.30 (1s) (a) of the statutes is amended to read:
1384	1384	118.30 (1s) (a) Administer the 4th grade examination adopted or approved by
1385	1385	the state superintendent under sub. (1) to all pupils attending the 4th grade in the
1386	1386	private school under s. 119.23.
1387	1387	SECTION 53. 118.30 (1s) (b) of the statutes is amended to read:
1388	1388	118.30 (1s) (b) Administer the 8th grade examination adopted or approved by
1389	1389	the state superintendent under sub. (1) to all pupils attending the 8th grade in the
1390	1390	private school under s. 119.23.
1391	1391	SECTION 54. 118.30 (1s) (bm) of the statutes is amended to read:
1392	1392	118.30 (1s) (bm) Beginning in the 2014-15 school year, in In the spring session,
1393	1393	administer the 9th grade examination adopted or approved by the state
1394	1394	superintendent under sub. (1) to all pupils attending the 9th grade in the private
1395	1395	school under s. 119.23.
1396	1396	1
1397	1397	2
1398	1398	3
1399	1399	4
1400	1400	5
1401	1401	6
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1423	1423	SECTION 55
1424	1424	ASSEMBLY BILL 1042
1425	1425	SECTION 55. 118.30 (1s) (c) of the statutes is amended to read:
1426	1426	118.30 (1s) (c) In the spring session, administer the 10th grade examination
1427	1427	adopted or approved by the state superintendent under sub. (1) to all pupils
1428	1428	attending the 10th grade in the private school under s. 119.23.
1429	1429	SECTION 56. 118.30 (1s) (cm) of the statutes is amended to read:
1430	1430	118.30 (1s) (cm) Beginning in the 2014-15 school year in In the spring session,
1431	1431	administer the 11th grade examination adopted or approved by the state
1432	1432	superintendent under sub. (1) to all pupils attending the 11th grade in the private
1433	1433	school under s. 119.23.
1434	1434	SECTION 57. 118.30 (1s) (d) of the statutes is amended to read:
1435	1435	118.30 (1s) (d) Administer to pupils attending the private school under s.
1436	1436	119.23 all other examinations in reading, mathematics, and science that are
1437	1437	required to be administered to public school pupils under 20 USC 6311 (b) (2).
1438	1438	SECTION 58. 118.30 (1t) of the statutes is amended to read:
1439	1439	118.30 (1t) Annually, the governing body of each private school participating
1440	1440	in the private school choice program under s. 118.60, other than a private school at
1441	1441	which fewer than 20 pupils in grades 3 to 12 are attending the school under the
1442	1442	private school choice program under s. 118.60, shall do all of the following:
1443	1443	(a) Administer the 4th grade examination adopted or approved by the state
1444	1444	superintendent under sub. (1) to all pupils attending the 4th grade in the private
1445	1445	school under s. 118.60 the private school choice program.
1446	1446	(b) Administer the 8th grade examination adopted or approved by the state
1447	1447	superintendent under sub. (1) to all pupils attending the 8th grade in the private
1448	1448	school under s. 118.60 the private school choice program.
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1474	1474	SECTION 58 ASSEMBLY BILL 1042
1475	1475	(bm) Beginning in the 2014-15 school year, in In the spring session, administer
1476	1476	the 9th grade examination adopted or approved by the state superintendent under
1477	1477	sub. (1) to all pupils attending the 9th grade in the private school under s. 118.60 the
1478	1478	private school choice program.
1479	1479	(c) In the spring session, administer the 10th grade examination adopted or
1480	1480	approved by the state superintendent under sub. (1) to all pupils attending the 10th
1481	1481	grade in the private school under s. 118.60 the private school choice program.
1482	1482	(cm) Beginning in the 2014-15 school year, in In the spring session, administer
1483	1483	the 11th grade examination adopted or approved by the state superintendent under
1484	1484	sub. (1) to all pupils attending the 11th grade in the private school under s. 118.60
1485	1485	the private school choice program.
1486	1486	(d) Administer to pupils attending the private school under s. 118.60 the
1487	1487	private school choice program all other examinations in reading, mathematics, and
1488	1488	science that are required to be administered to public school pupils under 20 USC
1489	1489	6311 (b) (2).
1490	1490	(e) If the governing body of the private school maintains an Internet site a
1491	1491	website for the school, annually publish information on that Internet site website
1492	1492	about the examinations administered under this subsection to pupils in the school.
1493	1493	SECTION 59. 118.30 (2) (b) 1. of the statutes is amended to read:
1494	1494	118.30 (2) (b) 1. If a pupil is enrolled in a special education program under
1495	1495	subch. V of ch. 115, the school board, operator of the charter school under s. 118.40
1496	1496	(2r) or (2x), or governing body of the private school participating in the private school
1497	1497	choice program under s. 118.60, or governing body of the private school participating
1498	1498	in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).
1499	1499	SECTION 60. 118.30 (2) (b) 2. of the statutes is amended to read:
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1527	1527	SECTION 60
1528	1528	ASSEMBLY BILL 1042
1529	1529	118.30 (2) (b) 2. According to criteria established by the state superintendent
1530	1530	by rule, the school board, operator of the charter school under s. 118.40 (2r) or (2x),
1531	1531	or governing body of the private school participating in the private school choice
1532	1532	program under s. 118.60, or governing body of the private school participating in the
1533	1533	program under s. 119.23 may determine not to administer an examination under this
1534	1534	section to a limited-English speaking pupil, as defined under s. 115.955 (7), may
1535	1535	permit the pupil to be examined in his or her native language, or may modify the
1536	1536	format and administration of an examination for such pupils.
1537	1537	SECTION 61. 118.30 (2) (b) 5. of the statutes is repealed.
1538	1538	SECTION 62. 118.30 (2) (b) 6. of the statutes is amended to read:
1539	1539	118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing
1540	1540	body of a private school participating in the private school choice program under s.
1541	1541	118.60 shall excuse the pupil from taking an examination administered under sub.
1542	1542	(1t) (a) to (cm) or s. 118.301 (3).
1543	1543	SECTION 63. 118.30 (5m) of the statutes is amended to read:
1544	1544	118.30 (5m) When determining the percentage of pupils participating in the
1545	1545	private school choice program under s. 119.23 who performed at designated
1546	1546	proficiency levels on the examinations administered as required under sub. (1s) (1t)
1547	1547	or s. 118.301 (3), the department shall consider only the pupils participating in the
1548	1548	private school choice program under s. 119.23 to whom the examinations were
1549	1549	administered at each grade level, and shall exclude from consideration those pupils
1550	1550	participating in the private school choice program under s. 119.23 who were excused
1551	1551	from taking the examinations under sub. (2) (b) 5. 6.
1552	1552	SECTION 64. 118.301 (3) (c) of the statutes is repealed.
1553	1553	SECTION 65. 118.301 (3) (d) of the statutes is amended to read:
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1580	1580	SECTION 65 ASSEMBLY BILL 1042
1581	1581	118.301 (3) (d) Notwithstanding s. 118.30 (1t), beginning in the first full school
1582	1582	year following the date on which the research center submitted the list of approved
1583	1583	examinations to the department under sub. (2) (a), the governing body of a private
1584	1584	school participating in a the private school choice program under s. 118.60 that is
1585	1585	required to administer an examination under s. 118.30 (1t) is not required to
1586	1586	administer an examination adopted or approved by the state superintendent under
1587	1587	s. 118.30 (1) in any grade for which an examination is required to be administered
1588	1588	under s. 118.30 if the governing body administers in that grade an alternative
1589	1589	examination approved by the research center under sub. (2). If the governing body
1590	1590	of the private school elects to administer an alternative examination under this
1591	1591	paragraph, the governing body shall notify the department of its intent to administer
1592	1592	the examination and shall publish that fact and information about the examination
1593	1593	on the school's Internet site website.
1594	1594	SECTION 66. 118.301 (4) (a) of the statutes is amended to read:
1595	1595	118.301 (4) (a) If a school board, an operator of a charter school under s. 118.40
1596	1596	(2r) or (2x), or the governing body of a private school participating in a the private
1597	1597	school choice program under s. 118.60 or 119.23 administers an alternative
1598	1598	examination under sub. (3), the school board, operator, or governing body shall
1599	1599	submit the examination results to the research center.
1600	1600	SECTION 67. 118.33 (1) (f) 2m. of the statutes is amended to read:
1601	1601	118.33 (1) (f) 2m. The governing body of each private school participating in the
1602	1602	program under s. 119.23 and the governing body of a private school that, pursuant
1603	1603	to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation
1604	1604	and general management of a school transferred to an opportunity schools and
1605	1605	partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall
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1633	1633	SECTION 67
1634	1634	ASSEMBLY BILL 1042
1635	1635	develop and periodically review and revise a policy specifying criteria for granting
1636	1636	a high school diploma to pupils attending the private school under s. 119.23 or the
1637	1637	school transferred to an opportunity schools and partnership program under s.
1638	1638	119.33, subch. IX of ch. 115, or subch. II of ch. 119. The criteria shall include the
1639	1639	pupil's academic performance, successful completion of the civics test under sub.
1640	1640	(1m) (a), and the recommendations of teachers.
1641	1641	SECTION 68. 118.33 (1) (f) 2r. of the statutes is amended to read:
1642	1642	118.33 (1) (f) 2r. The governing body of each private school participating in the
1643	1643	private school choice program under s. 118.60 shall develop and periodically review
1644	1644	and revise a policy specifying criteria for granting a high school diploma to pupils
1645	1645	attending the private school under s. 118.60 the private school choice program. The
1646	1646	criteria shall include the pupil's academic performance, successful completion of the
1647	1647	civics test under sub. (1m) (a), and the recommendations of teachers.
1648	1648	SECTION 69. 118.33 (1) (f) 3. of the statutes is amended to read:
1649	1649	118.33 (1) (f) 3. Neither a school board nor an operator of a charter school under
1650	1650	s. 118.40 (2r) or (2x) nor an individual or group or person that, pursuant to s. 115.999
1651	1651	(3), 119.33 (2) (c) 1. or 2., or 119.9002 (3) (a) or (b), is responsible for the operation and
1652	1652	general management of a school transferred to an opportunity schools and
1653	1653	partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 may
1654	1654	grant a high school diploma to any pupil unless the pupil has satisfied the criteria
1655	1655	specified in the school board's or charter school's policy under subd. 1. or 2. Neither
1656	1656	the governing body of a private school participating in the program under s. 119.23
1657	1657	nor a A governing body of a private school that, pursuant to s. 115.999 (3), 119.33
1658	1658	(2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management
1659	1659	of a school transferred to an opportunity schools and partnership program under s.
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1686	1686	SECTION 69 ASSEMBLY BILL 1042
1687	1687	119.33, subch. IX of ch. 115, or subch. II of ch. 119 may not grant a high school diploma
1688	1688	to any pupil attending the private school under s. 119.23 or the school transferred
1689	1689	to an opportunity schools and partnership program under s. 119.33, subch. IX of ch.
1690	1690	115, or subch. II of ch. 119 unless the pupil has satisfied the criteria specified in the
1691	1691	governing body's policy under subd. 2m. The governing body of a private school
1692	1692	participating in the private school choice program under s. 118.60 may not grant a
1693	1693	high school diploma to any pupil attending the private school under s. 118.60 the
1694	1694	private school choice program unless the pupil has satisfied the criteria specified in
1695	1695	the governing body's policy under subd. 2r.
1696	1696	SECTION 70. 118.33 (1m) (a) 1. of the statutes is amended to read:
1697	1697	118.33 (1m) (a) 1. Beginning in the 2016-17 school year, no No school board,
1698	1698	operator of a charter school under s. 118.40 (2r) or (2x), or governing body of a private
1699	1699	school participating in a the private school choice program under s. 118.60 or 119.23
1700	1700	may, except as provided in subd. 2. and subject to the policies under sub. (2) (m), grant
1701	1701	a high school diploma to any pupil unless the pupil takes, during the high school
1702	1702	grades, a civics test comprised of 100 questions that are identical to the 100 questions
1703	1703	that may be asked of an individual during the process of applying for U.S. citizenship
1704	1704	by the United States Citizenship and Immigration Services and the pupil correctly
1705	1705	answers at least 65 of those questions.
1706	1706	SECTION 71. 118.33 (1m) (a) 2. a. of the statutes is amended to read:
1707	1707	118.33 (1m) (a) 2. a. Except as provided in subd. 2. b., a school board, operator
1708	1708	of a charter school under s. 118.40 (2r) or (2x), and governing body of a private school
1709	1709	participating in a the private school choice program under s. 118.60 or 119.23 shall
1710	1710	require a pupil for whom an individualized education program under s. 115.787 is
1711	1711	in effect and a parentally placed child with a disability, as defined in 34 CFR 300.130,
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1739	1739	SECTION 71
1740	1740	ASSEMBLY BILL 1042
1741	1741	to complete the civics test described under subd. 1. but may not condition graduation
1742	1742	on the successful completion of the test.
1743	1743	SECTION 72. 118.33 (1m) (a) 2. b. of the statutes is amended to read:
1744	1744	118.33 (1m) (a) 2. b. If a pupil's individualized education program under s.
1745	1745	115.787 or a services plan, as defined in 34 CFR 300.37, includes a statement that
1746	1746	it is not appropriate to administer the civics test under subd. 1. to the pupil, a school
1747	1747	board, operator of a charter school under s. 118.40 (2r) or (2x), and governing body
1748	1748	of a private school participating in a the private school choice program under s.
1749	1749	118.60 or 119.23 may not make completion of the civics test described under subd.
1750	1750	1. a condition of graduation for that pupil.
1751	1751	SECTION 73. 118.33 (1m) (a) 3. of the statutes is amended to read:
1752	1752	118.33 (1m) (a) 3. A school board, operator of a charter school under s. 118.40
1753	1753	(2r) or (2x), and governing body of a private school participating in a the private
1754	1754	school choice program under s. 118.60 or 119.23 shall permit a limited-English
1755	1755	proficient pupil, as defined in s. 115.955 (7), to take the civics test described under
1756	1756	subd. 1. in the pupil's language of choice.
1757	1757	SECTION 74. 118.33 (1m) (b) of the statutes is amended to read:
1758	1758	118.33 (1m) (b) A school board, operator of a charter school under s. 118.40 (2r)
1759	1759	or (2x), and governing body of a private school participating in a the private school
1760	1760	choice program under s. 118.60 or 119.23 may determine the format of the civics test
1761	1761	required under this subsection and when in the school year to administer the test.
1762	1762	SECTION 75. 118.33 (6) (c) of the statutes, as affected by 2023 Wisconsin Act 20,
1763	1763	is repealed.
1764	1764	SECTION 76. 118.33 (6) (cr) of the statutes, as affected by 2023 Wisconsin Act
1765	1765	20, is amended to read:
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1792	1792	SECTION 76 ASSEMBLY BILL 1042
1793	1793	118.33 (6) (cr) 1. The governing body of each private school participating in the
1794	1794	private school choice program under s. 118.60 shall adopt a written policy specifying
1795	1795	criteria for promoting a pupil who is attending the private school under s. 118.60 the
1796	1796	private school choice program from the 4th grade to the 5th grade and from the 8th
1797	1797	grade to the 9th grade. The criteria shall include the pupil's score on the examination
1798	1798	administered under s. 118.30 (1t) (a) or (b) or s. 118.301 (3), unless the pupil has been
1799	1799	excused from taking the examination under s. 118.30 (2) (b); the pupil's academic
1800	1800	performance; the recommendations of teachers, which shall be based solely on the
1801	1801	pupil's academic performance; and any other academic criteria specified by the
1802	1802	governing body of the private school.
1803	1803	2. The governing body of a private school participating in the private school
1804	1804	choice program under s. 118.60 may not promote a 4th grade pupil who is attending
1805	1805	the private school under s. 118.60 the private school choice program to the 5th grade,
1806	1806	and may not promote an 8th grade pupil who is attending the private school under
1807	1807	s. 118.60 the private school choice program to the 9th grade, unless the pupil satisfies
1808	1808	the criteria for promotion specified in the governing body's policy under subd. 1.
1809	1809	3. By July 1, 2025, the governing body of each private school participating in
1810	1810	the private school choice program under s. 118.60 shall adopt a written policy
1811	1811	specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that
1812	1812	includes at least a requirement to provide to a pupil promoted to 4th grade who
1813	1813	scored below grade-level in reading on the examination under s. 121.02 (1) (r) the
1814	1814	services described in sub. (5m) (a) 1. to 3. and a good cause exception similar to the
1815	1815	exception under sub. (5m) (b). Beginning on September 1, 2027, the governing body
1816	1816	of a private school participating in the private school choice program under s. 118.60
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1843	1843	SECTION 76
1844	1844	ASSEMBLY BILL 1042
1845	1845	may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the
1846	1846	criteria for promotion specified in the governing body's policy under this subdivision.
1847	1847	SECTION 77. 118.38 (4) of the statutes is repealed.
1848	1848	SECTION 78. 118.40 (2r) (e) 2p. a. of the statutes is amended to read:
1849	1849	118.40 (2r) (e) 2p. a. Add the amounts appropriated in the current fiscal year
1850	1850	under s. 20.255 (2), except s. 20.255 (2) (ac), (aw), (az), (bb), (dj), (du), (fm), (fp), (fq),
1851	1851	(fr), (fu), (k), and (m); and s. 20.505 (4) (es); and the amount, as determined by the
1852	1852	secretary of administration, of the appropriation under s. 20.505 (4) (s) allocated for
1853	1853	payments to telecommunications providers under contracts with school districts and
1854	1854	cooperative educational service agencies under s. 16.971 (13).
1855	1855	SECTION 79. 118.56 (1) of the statutes is amended to read:
1856	1856	118.56 (1) Require a pupil in the program to work at least 280 hours per school
1857	1857	year for an employer that complies with sub. (3). Hours of instruction may not be
1858	1858	used to satisfy the work requirements under this subsection. Hours that fulfill the
1859	1859	work requirements under this subsection shall be counted as hours of direct pupil
1860	1860	instruction, as provided under ss. 118.60 (2) (a) 8. and 119.23 (2) (a) 8. s. 118.79 (1).
1861	1861	SECTION 80. 118.57 (1) of the statutes is amended to read:
1862	1862	118.57 (1) Annually, by January 31, each school board shall publish as a class
1863	1863	1 notice, under ch. 985, and post on its Internet site website a description of the
1864	1864	educational options available to children in the school district, including public
1865	1865	schools, private schools participating in a parental the private school choice
1866	1866	program, charter schools, virtual schools, full-time or part-time open enrollment in
1867	1867	a nonresident school district, the youth apprenticeship program under s. 106.13, and
1868	1868	the early college credit program. A school board that does not operate high school
1869	1869	1
1870	1870	2
1871	1871	3
1872	1872	4
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1893	1893	FFK:emw&wlj
1894	1894	SECTION 80 ASSEMBLY BILL 1042
1895	1895	grades is not required to include an educational option offered only to high school
1896	1896	pupils in a description of educational options under this subsection.
1897	1897	SECTION 81. 118.57 (2) of the statutes is amended to read:
1898	1898	118.57 (2) The school board shall include in the notice under sub. (1) the most
1899	1899	recent performance category assigned under s. 115.385 (1) (b) to each school within
1900	1900	the school district boundaries, including charter schools established under s. 118.40
1901	1901	(2r) or (2x) and private schools participating in a parental the private school choice
1902	1902	program under s. 118.60 or 119.23. The notice published by the school board shall
1903	1903	inform parents that the full school and school district accountability report is
1904	1904	available on the school board's Internet site website.
1905	1905	SECTION 82. 118.60 (title) and (1) (am) of the statutes are repealed.
1906	1906	SECTION 83. 118.60 (1) (intro.), (ab), (ad), (af), (ag), (bn), (c), (cm), (d) and (g) of
1907	1907	the statutes are renumbered 118.70 (intro.), (1), (2), (4), (5), (10), (13), (14), (15) and
1908	1908	(19), and 118.70 (intro.), (2), (4), (5) (intro.) and (c), (10) (a) (intro.) and (b), (13) and
1909	1909	(14), as renumbered, are amended to read:
1910	1910	118.70 Definitions. (intro.) In this section subchapter:
1911	1911	(2) “Administrator" means the superintendent, supervising principal,
1912	1912	executive director, or other person who acts as the administrative head of a
1913	1913	participating private school participating in the program under this section.
1914	1914	(4) “Disqualified accrediting organization" means an accrediting organization
1915	1915	that is not an accrediting entity or a member of or otherwise sanctioned by an
1916	1916	accrediting entity.
1917	1917	(5) (intro.) “Disqualified person" means a person who, when a private school
1918	1918	was barred or terminated from participation in the choice program under this section
1919	1919	1
1920	1920	2
1921	1921	3
1922	1922	4
1923	1923	5
1924	1924	6
1925	1925	7
1926	1926	8
1927	1927	9
1928	1928	10
1929	1929	11
1930	1930	12
1931	1931	13
1932	1932	14
1933	1933	15
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1935	1935	17
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1937	1937	19
1938	1938	20
1939	1939	21
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1943	1943	LRB-5304/1
1944	1944	FFK:emw&wlj
1945	1945	SECTION 83
1946	1946	ASSEMBLY BILL 1042
1947	1947	by an order issued under sub. (10) s. 118.85 or s. 118.60 (10), 2023 stats., or s. 119.23
1948	1948	(10), 2023 stats., satisfied at least one of the following:
1949	1949	(c) Was responsible for an action or circumstance that led to the private school
1950	1950	being barred or terminated from participation in the choice program under this
1951	1951	section.
1952	1952	(10) (a) (intro.) Except as provided in subd. 2. par. (b), “new private school"
1953	1953	means a school that qualifies as a private school under s. 115.001 (3r) and that
1954	1954	satisfies either of the following:
1955	1955	(b) “New private school" does not include a private school the governing body
1956	1956	of which operates or manages a private school that is participating in the choice
1957	1957	program under this section or under s. 119.23 if all of the following apply:
1958	1958	1. No payment has been withheld from any private school operated or managed
1959	1959	by the governing body under sub. s. 118.85 or s. 118.60 (10) (d) or, 2023 stats., or s.
1960	1960	119.23 (10) (d), 2023 stats., in the 3 immediately preceding school years.
1961	1961	2. No order barring any private school operated or managed by the governing
1962	1962	body from participating in the choice program under this section or s. 119.23 has been
1963	1963	issued under sub. s. 118.85 or s. 118.60 (10) (a), (am), (ar), or (b) or under, 2023 stats.,
1964	1964	or s. 119.23 (10) (a), (am), (ar), or (b), 2023 stats., in the 3 immediately preceding
1965	1965	school years.
1966	1966	(13) “Preaccreditation" means the review and approval of an educational plan.
1967	1967	Review of an education educational plan includes consideration of whether the
1968	1968	school submitting the plan meets the requirements under s. 118.165 (1). The fact
1969	1969	that a private school has obtained preaccreditation does not require an accrediting
1970	1970	entity to accredit the private school.
1971	1971	1
1972	1972	2
1973	1973	3
1974	1974	4
1975	1975	5
1976	1976	6
1977	1977	7
1978	1978	8
1979	1979	9
1980	1980	10
1981	1981	11
1982	1982	12
1983	1983	13
1984	1984	14
1985	1985	15
1986	1986	16
1987	1987	17
1988	1988	18
1989	1989	19
1990	1990	20
1991	1991	21
1992	1992	22
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1995	1995	FFK:emw&wlj
1996	1996	SECTION 83 ASSEMBLY BILL 1042
1997	1997	(14) “Preaccrediting entity" means the Institute for the Transformation of
1998	1998	Learning at Marquette University, Wisconsin North Central Association, Wisconsin
1999	1999	Religious and Independent Schools Accreditation, Independent Schools Association
2000	2000	of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation,
2001	2001	National Lutheran School Accreditation, Wisconsin Association of Christian
2002	2002	Schools, Christian Schools International, Association of Christian Schools
2003	2003	International, and the diocese or archdiocese within which a private school is located.
2004	2004	SECTION 84. 118.60 (2) (a) (intro.) of the statutes is renumbered 118.72 (1)
2005	2005	(intro.) and amended to read:
2006	2006	118.72 (1) ELIGIBILITY. (intro.) Subject to pars. (ag) and (ar), any Any pupil in
2007	2007	grades kindergarten to 12 who resides within an eligible school district in this state
2008	2008	may attend any a participating private school under this section and, subject to pars.
2009	2009	(ag), (ar), (be), (bm), and (bs), any pupil in grades kindergarten to 12 who resides in
2010	2010	a school district, other than an eligible school district or a 1st class city school district,
2011	2011	may attend any private school under this section the choice program if all of the
2012	2012	following apply:
2013	2013	SECTION 85. 118.60 (2) (a) 1. a. of the statutes is renumbered 118.72 (1) (a) and
2014	2014	amended to read:
2015	2015	118.72 (1) (a) Except as provided in par. (bm) Racine pupils and Milwaukee
2016	2016	pupils. For a Racine pupil or a Milwaukee pupil, the pupil is a member of a family
2017	2017	that has a total family income that does not exceed an amount equal to 3.0 times the
2018	2018	poverty level determined in accordance with criteria established by the director of
2019	2019	the federal office of management and budget. In this subdivision and sub. (3m),
2020	2020	family income includes income of the pupil's parents or legal guardians. Except as
2021	2021	provided in subd. 1. c. and d., the family income of the pupil shall be verified as
2022	2022	1
2023	2023	2
2024	2024	3
2025	2025	4
2026	2026	5
2027	2027	6
2028	2028	7
2029	2029	8
2030	2030	9
2031	2031	10
2032	2032	11
2033	2033	12
2034	2034	13
2035	2035	14
2036	2036	15
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2041	2041	20
2042	2042	21
2043	2043	22
2044	2044	23
2045	2045	24
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2047	2047	LRB-5304/1
2048	2048	FFK:emw&wlj
2049	2049	SECTION 85
2050	2050	ASSEMBLY BILL 1042
2051	2051	provided in subd. 1. b. A pupil attending a private school under this section whose
2052	2052	family income increases may continue to attend a private school under this section.
2053	2053	SECTION 86. 118.60 (2) (a) 1. b., c. and d. of the statutes are repealed.
2054	2054	SECTION 87. 118.60 (2) (a) 2. of the statutes is repealed.
2055	2055	SECTION 88. 118.60 (2) (a) 3. of the statutes, as affected by 2023 Wisconsin Act
2056	2056	.... (this act), is repealed.
2057	2057	SECTION 89. 118.60 (2) (a) 3. a. of the statutes is amended to read:
2058	2058	118.60 (2) (a) 3. a. Except as provided in subd. 3. b. and c. and par. (ag) 1., the
2059	2059	private school notified the state superintendent of its intent to participate in the
2060	2060	program under this section or in the program under s. 119.23, and paid the
2061	2061	nonrefundable fee, set by the department as required under s. 119.23 (2) (a) 3., by
2062	2062	January 10 of the previous school year. The notice shall specify the number of pupils
2063	2063	participating in the program under this section and in the program under s. 119.23
2064	2064	for which the school has space.
2065	2065	SECTION 90. 118.60 (2) (a) 4. of the statutes is renumbered 118.80 (1) and
2066	2066	amended to read:
2067	2067	118.80 (1) NONDISCRIMINATION. The Each participating private school complies
2068	2068	shall comply with 42 USC 2000d.
2069	2069	SECTION 91. 118.60 (2) (a) 5. of the statutes is renumbered 118.80 (2) and
2070	2070	amended to read:
2071	2071	118.80 (2) HEALTH AND SAFETY. The Each participating private school meets
2072	2072	shall comply with all health and safety laws or codes that apply to public schools.
2073	2073	SECTION 92. 118.60 (2) (a) 6. a. of the statutes is renumbered 118.81 (1) (a) and
2074	2074	amended to read:
2075	2075	1
2076	2076	2
2077	2077	3
2078	2078	4
2079	2079	5
2080	2080	6
2081	2081	7
2082	2082	8
2083	2083	9
2084	2084	10
2085	2085	11
2086	2086	12
2087	2087	13
2088	2088	14
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2090	2090	16
2091	2091	17
2092	2092	18
2093	2093	19
2094	2094	20
2095	2095	21
2096	2096	22
2097	2097	23
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2099	2099	FFK:emw&wlj
2100	2100	SECTION 92 ASSEMBLY BILL 1042
2101	2101	118.81 (1) (a) Except as provided in subd. 6. c. and d., pars. (b) and (c), a
2102	2102	participating private school shall ensure that all of the participating private school's
2103	2103	teachers have a teaching license issued by the department or a bachelor's degree or
2104	2104	a degree or educational credential higher than a bachelor's degree, including a
2105	2105	masters master's or doctorate, from a nationally or regionally accredited institution
2106	2106	of higher education.
2107	2107	SECTION 93. 118.60 (2) (a) 6. b. of the statutes is renumbered 118.81 (2) (a) and
2108	2108	amended to read:
2109	2109	118.81 (2) (a) All Except as provided in par. (b), a participating private school
2110	2110	shall ensure that all of the participating private school's administrators have at least
2111	2111	a bachelor's degree from a nationally or regionally accredited institution of higher
2112	2112	education or a teaching license or administrator's administrator license issued by the
2113	2113	department.
2114	2114	SECTION 94. 118.60 (2) (a) 6. c. and d. of the statutes are repealed.
2115	2115	SECTION 95. 118.60 (2) (a) 7. a. of the statutes is repealed.
2116	2116	SECTION 96. 118.60 (2) (a) 7. b. of the statutes is renumbered 118.74 (1) and
2117	2117	amended to read:
2118	2118	118.74 (1) PREACCREDITATION. Each private school that begins participation in
2119	2119	the choice program under this section on or after April 10, 2014, and that is not
2120	2120	accredited by an accrediting entity, shall obtain preaccreditation by a preaccrediting
2121	2121	entity by the first weekday in August 1 before the first school term in which the
2122	2122	private school begins participation in the choice program under this section, or by the
2123	2123	first weekday in May 1 if the private school begins participating in the choice
2124	2124	program during summer school. In any school year, a A private school to which this
2125	2125	subd. 7. b. applies may apply for and seek to obtain preaccreditation from only one
2126	2126	1
2127	2127	2
2128	2128	3
2129	2129	4
2130	2130	5
2131	2131	6
2132	2132	7
2133	2133	8
2134	2134	9
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2152	2152	FFK:emw&wlj
2153	2153	SECTION 96
2154	2154	ASSEMBLY BILL 1042
2155	2155	preaccrediting entity each school year. A private school to which this subd. 7. b.
2156	2156	applies that fails to obtain preaccreditation as required under this subd. 7. b.
2157	2157	subsection may not participate in the choice program under this section or under s.
2158	2158	119.23 until preaccreditation has been obtained, but the private school may apply for
2159	2159	and seek to obtain preaccreditation from a preaccrediting entity for the following a
2160	2160	subsequent school year. The fact that a private school has obtained preaccreditation
2161	2161	does not require an accrediting entity to accredit the private school.
2162	2162	SECTION 97. 118.60 (2) (a) 7. c. of the statutes is renumbered 118.74 (2) (intro.)
2163	2163	and amended to read:
2164	2164	118.74 (2) INITIAL ACCREDITATION. (intro.) A private school to which subd. 7. b.
2165	2165	applies that is not accredited by the first weekday in August before the first school
2166	2166	term in which the private school begins participating in the choice program shall
2167	2167	apply do all of the following:
2168	2168	(a) Apply for accreditation by an accrediting entity by the last weekday in
2169	2169	December 31 of the first school year that begins after April 10, 2014, in which the
2170	2170	private school begins participation in the choice program under this section, and
2171	2171	shall achieve.
2172	2172	(b) Achieve accreditation by an accrediting entity by the first weekday in
2173	2173	December 31 of the 3rd school year following the first school year in which the private
2174	2174	school begins participation in the choice program under this section. If the private
2175	2175	school is accredited under this subd. 7. c., the private school is not required to obtain
2176	2176	preaccreditation under subd. 7. b. as a prerequisite to providing instruction under
2177	2177	this section in additional grades or in an additional or new school.
2178	2178	SECTION 98. 118.60 (2) (a) 8. of the statutes is renumbered 118.79 (1) and
2179	2179	amended to read:
2180	2180	1
2181	2181	2
2182	2182	3
2183	2183	4
2184	2184	5
2185	2185	6
2186	2186	7
2187	2187	8
2188	2188	9
2189	2189	10
2190	2190	11
2191	2191	12
2192	2192	13
2193	2193	14
2194	2194	15
2195	2195	16
2196	2196	17
2197	2197	18
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2199	2199	20
2200	2200	21
2201	2201	22
2202	2202	23
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2205	2205	FFK:emw&wlj
2206	2206	SECTION 98 ASSEMBLY BILL 1042
2207	2207	118.79 (1) HOURS OF INSTRUCTION. Notwithstanding s. 118.165 (1) (c), the each
2208	2208	participating private school shall annually provides provide at least 1,050 hours of
2209	2209	direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil
2210	2210	instruction in grades 7 to 12. Hours provided under this subdivision subsection
2211	2211	include recess and time for pupils to transfer between classes but do not include the
2212	2212	lunch periods. Annually, no more than 140 hours of work under s. 118.56 may be
2213	2213	counted as hours of direct pupil instruction.
2214	2214	SECTION 99. 118.60 (2) (a) 9. of the statutes is renumbered 118.79 (2) and
2215	2215	amended to read:
2216	2216	118.79 (2) INSTRUCTION ON THE HOLOCAUST AND OTHER GENOCIDES. If the a
2217	2217	participating private school operates any grade from 5 to 12, the participating
2218	2218	private school includes shall include in its curriculum the instruction required under
2219	2219	s. 121.02 (1) (L) 8., so far as applicable.
2220	2220	SECTION 100. 118.60 (2) (ag) (intro.) of the statutes is repealed.
2221	2221	SECTION 101. 118.60 (2) (ag) 1. (intro.) and a. of the statutes are consolidated,
2222	2222	renumbered 118.60 (2) (ag) 1. and amended to read:
2223	2223	118.60 (2) (ag) 1. By the first weekday in August 1 of the school year
2224	2224	immediately preceding the school year in which the new private school intends to
2225	2225	participate in the program under this section, complete and submit to the
2226	2226	department the following, on forms provided by the department: a. A , a notice of
2227	2227	intent to participate and agreement to comply with procedural requirements. If, at
2228	2228	the time the new private school submits the information required under this
2229	2229	subdivision, the new private school does not have a physical property within which
2230	2230	the private school intends to operate, submit a mailing address of an administrator
2231	2231	of the new private school.
2232	2232	1
2233	2233	2
2234	2234	3
2235	2235	4
2236	2236	5
2237	2237	6
2238	2238	7
2239	2239	8
2240	2240	9
2241	2241	10
2242	2242	11
2243	2243	12
2244	2244	13
2245	2245	14
2246	2246	15
2247	2247	16
2248	2248	17
2249	2249	18
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2251	2251	20
2252	2252	21
2253	2253	22
2254	2254	23
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2258	2258	FFK:emw&wlj
2259	2259	SECTION 102
2260	2260	ASSEMBLY BILL 1042
2261	2261	SECTION 102. 118.60 (2) (ag) 1. of the statutes, as affected by 2023 Wisconsin
2262	2262	Act .... (this act), is renumbered 118.77 (1) (intro.) and amended to read:
2263	2263	118.77 (1) INITIAL SUBMISSIONS TO DEPARTMENT. (intro.) By the first weekday in
2264	2264	August of the school year immediately preceding the school year in which the a new
2265	2265	private school intends to participate in the choice program under this section,
2266	2266	complete and, the new private school shall submit all of the following to the
2267	2267	department, on forms provided by the department, a notice of intent to participate
2268	2268	and:
2269	2269	(a) An agreement to comply with procedural requirements.
2270	2270	(c) The physical location of the new private school. If, at the time the new
2271	2271	private school submits the information required under this subdivision subsection,
2272	2272	the new private school does not have a physical property within which the private
2273	2273	school intends to operate, the new private school shall submit a mailing address of
2274	2274	an administrator of the new private school.
2275	2275	SECTION 103. 118.60 (2) (ag) 1. b. and c. of the statutes are repealed.
2276	2276	SECTION 104. 118.60 (2) (ag) 2. a. of the statutes is amended to read:
2277	2277	118.60 (2) (ag) 2. a. By August 1 the 3rd Monday in October of the school year
2278	2278	immediately preceding the school year in which the new private school intends to
2279	2279	participate in the program under this section, submit to the department the
2280	2280	information under sub. (6p) (a) and (b).
2281	2281	SECTION 105. 118.60 (2) (ag) 2. a. of the statutes, as affected by 2023 Wisconsin
2282	2282	Act 2023 Wisconsin Act .... (this act), is repealed.
2283	2283	SECTION 106. 118.60 (2) (ag) 2. b. of the statutes is repealed.
2284	2284	SECTION 107. 118.60 (2) (ag) 2. c. of the statutes is created to read:
2285	2285	1
2286	2286	2
2287	2287	3
2288	2288	4
2289	2289	5
2290	2290	6
2291	2291	7
2292	2292	8
2293	2293	9
2294	2294	10
2295	2295	11
2296	2296	12
2297	2297	13
2298	2298	14
2299	2299	15
2300	2300	16
2301	2301	17
2302	2302	18
2303	2303	19
2304	2304	20
2305	2305	21
2306	2306	22
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2309	2309	FFK:emw&wlj
2310	2310	SECTION 107 ASSEMBLY BILL 1042
2311	2311	118.60 (2) (ag) 2. c. By the 3rd Monday in October immediately preceding the
2312	2312	school year in which a new private school intends to participate in the program under
2313	2313	this section, provide a surety bond payable to the state in an amount equal to the
2314	2314	greater of $25,000 or 25 percent of the total payment the new private school expects
2315	2315	to receive under the program under this section during its first school year
2316	2316	participating in the program on the basis of the information submitted under subd.
2317	2317	1.
2318	2318	SECTION 108. 118.60 (2) (ag) 2. c. of the statutes, as created by 2023 Wisconsin
2319	2319	Act .... (this act), is renumbered 118.77 (2) (intro.) and amended to read:
2320	2320	118.77 (2) OCTOBER SUBMISSIONS TO DEPARTMENT. (intro.) By the 3rd Monday
2321	2321	in October immediately preceding the school year in which a new private school
2322	2322	intends to participate in the choice program under this section, provide a , the new
2323	2323	private school shall submit all of the following to the department:
2324	2324	(a) A surety bond payable to the state in an amount equal to the greater of
2325	2325	$25,000 or 25 percent of the total payment the new private school expects to receive
2326	2326	under the choice program under this section during its first school year participating
2327	2327	in the choice program on the basis of the information submitted under subd. 1. sub.
2328	2328	(1).
2329	2329	SECTION 109. 118.60 (2) (ag) 4. of the statutes is amended to read:
2330	2330	118.60 (2) (ag) 4. Notwithstanding the deadline to obtain preaccreditation
2331	2331	under par. (a) 7. b., by December 15 the 3rd Monday in October of the school year
2332	2332	immediately preceding the school year in which the new private school intends to
2333	2333	participate in the program under this section, obtain preaccreditation from a
2334	2334	preaccrediting entity.
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2361	2361	SECTION 110
2362	2362	ASSEMBLY BILL 1042
2363	2363	SECTION 110. 118.60 (2) (ag) 4. of the statutes, as affected by 2023 Wisconsin
2364	2364	Act .... (this act), is repealed.
2365	2365	SECTION 111. 118.60 (2) (ag) 5. of the statutes is renumbered 118.77 (4) and
2366	2366	amended to read:
2367	2367	118.77 (4) PAYROLL SERVICE. By the first weekday in August 1 of the first school
2368	2368	year in which the new private school intends to participate in the program under this
2369	2369	section, choice program, the new private school shall demonstrate to the satisfaction
2370	2370	of the department that the new private school has contracted with a 3rd-party
2371	2371	payroll service that will remit federal and state payroll taxes for each employee of
2372	2372	the new private school for the duration of the school year.
2373	2373	SECTION 112. 118.60 (2) (ar) of the statutes is amended to read:
2374	2374	118.60 (2) (ar) By the first weekday in December 31 of the school year
2375	2375	immediately preceding the school year in which a new private school intends to
2376	2376	participate in the program under this section, the department shall notify the new
2377	2377	private school in writing whether it has satisfied those requirements under par. (ag)
2378	2378	that must be satisfied before December 31. If the department determines that the
2379	2379	new private school has not satisfied those requirements, the new private school may
2380	2380	not participate in the program under this section in the following school year, but
2381	2381	may reinitiate the process under par. (ag) for the next following school year.
2382	2382	SECTION 113. 118.60 (2) (ar) of the statutes, as affected by 2023 Wisconsin Act
2383	2383	.... (this act), is renumbered 118.77 (3) and amended to read:
2384	2384	118.77 (3) COMPLIANCE NOTICE. By the first weekday in December of the school
2385	2385	year immediately preceding the school year in which a new private school intends
2386	2386	to participate in the choice program under this section, the department shall notify
2387	2387	the new private school in writing whether it has satisfied those the requirements
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2389	2389	2
2390	2390	3
2391	2391	4
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2414	2414	SECTION 113 ASSEMBLY BILL 1042
2415	2415	under par. (ag) that must be satisfied before December 31 subs. (1) and (2). If the
2416	2416	department determines that the new private school has not satisfied those the
2417	2417	requirements, the new private school may not participate in the choice program
2418	2418	under this section in the following school year, but may reinitiate the process under
2419	2419	par. (ag) for the next following a subsequent school year.
2420	2420	SECTION 114. 118.60 (2) (be), (bm) and (bs) of the statutes are repealed.
2421	2421	SECTION 115. 118.60 (2) (c) 1. of the statutes is renumbered 118.81 (1) (b) and
2422	2422	amended to read:
2423	2423	118.81 (1) (b) Notwithstanding par. (a) 6., a A teacher employed by a
2424	2424	participating private school participating in the program under this section who
2425	2425	teaches only courses in rabbinical studies is not required to have a bachelor's degree
2426	2426	or a teaching license issued by the department.
2427	2427	SECTION 116. 118.60 (2) (c) 2. of the statutes is renumbered 118.81 (2) (b) and
2428	2428	amended to read:
2429	2429	118.81 (2) (b) Notwithstanding par. (a) 6., an An administrator of a
2430	2430	participating private school participating in the program under this section that
2431	2431	prepares and trains pupils attending the participating private school in rabbinical
2432	2432	studies is not required to have a bachelor's degree or a teaching license or
2433	2433	administrator license issued by the department.
2434	2434	SECTION 117. 118.60 (2) (d) of the statutes is renumbered 118.73 (2) and
2435	2435	amended to read:
2436	2436	118.73 (2) COMBINED PRIVATE SCHOOL. (a) In this paragraph subsection:
2437	2437	1. “Agreement year” means the first school year during which a combined
2438	2438	private school and a participating private school participating in the program under
2439	2439	1
2440	2440	2
2441	2441	3
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2465	2465	SECTION 117
2466	2466	ASSEMBLY BILL 1042
2467	2467	this section are governed by the same governing body under a governing body
2468	2468	agreement.
2469	2469	2. “Combined private school” means a private school that enters into a
2470	2470	governing body agreement and did not participate in the choice program under this
2471	2471	section in the school year preceding the agreement year.
2472	2472	3. “Governing body agreement” means an agreement to be governed by the
2473	2473	same governing body that is entered into by a participating private school
2474	2474	participating in the program under this section and a private school that is not
2475	2475	participating in the choice program under this section.
2476	2476	(b) If a combined private school participates in the choice program under this
2477	2477	section during the agreement year or the school year following the agreement year,
2478	2478	the prior year attendance requirements under par. (a) 2. s. 118.72 (1) (c) do not apply
2479	2479	to a pupil who applies to attend the combined private school under this section the
2480	2480	choice program during the agreement year or the school year following the
2481	2481	agreement year.
2482	2482	SECTION 118. 118.60 (3) (a) (intro.) of the statutes is renumbered 118.72 (3) (a)
2483	2483	and amended to read:
2484	2484	118.72 (3) (a) The Application. Except as provided in s. 118.71, a pupil or the
2485	2485	a pupil's parent or guardian shall submit an application, on a form provided by the
2486	2486	state superintendent, to the participating private school that the pupil wishes to
2487	2487	attend under the choice program. If more than one pupil from the same family
2488	2488	applies to attend the same private school, the pupils may use a single application.
2489	2489	(b) Pupil eligibility notification. No later than 60 days after the end of the
2490	2490	application period during which an application is received and subject to par. (ar),
2491	2491	the, a participating private school shall notify each applicant, in writing, whether his
2492	2492	1
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2518	2518	SECTION 118 ASSEMBLY BILL 1042
2519	2519	or her the applicant's application has been accepted. If the participating private
2520	2520	school rejects an application, the notice shall include the reason. Subject to par. (ar),
2521	2521	a A participating private school may reject an applicant only if it has reached its
2522	2522	maximum general capacity or seating capacity. Except as provided in par. (ar), the
2523	2523	pupil is not eligible under this subchapter or if the number of applications exceed the
2524	2524	number of available choice program seats in the grade for which the pupil applied
2525	2525	and the pupil is not selected to receive a choice program seat.
2526	2526	(c) Random selection process. The state superintendent shall ensure that the
2527	2527	each participating private school determines which pupils to accept on a random
2528	2528	basis, except that the private school may give preference to the following in accepting
2529	2529	applications, in the order of preference listed:
2530	2530	SECTION 119. 118.60 (3) (a) 1m., 2m., 3., 4. and 5. of the statutes are renumbered
2531	2531	118.72 (3) (c) 1., 2., 3., 4. and 5., and 118.72 (3) (c) 1., 2., 3. and 5., as renumbered, are
2532	2532	amended to read:
2533	2533	118.72 (3) (c) 1. Pupils who attended the participating private school under this
2534	2534	section or s. 119.23 the choice program during the previous school year.
2535	2535	2. Siblings of pupils described in subd. 1m. 1.
2536	2536	3. Pupils who attended a different participating private school under this
2537	2537	section or s. 119.23 the choice program during the previous school year.
2538	2538	5. Siblings of those pupils who have been randomly accepted to attend the
2539	2539	participating private school under this section the choice program and who did not
2540	2540	attend a participating private school under this section or s. 119.23 the choice
2541	2541	program during the previous school year.
2542	2542	SECTION 120. 118.60 (3) (ar) of the statutes is repealed.
2543	2543	SECTION 121. 118.60 (3) (b) of the statutes is repealed.
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2571	2571	SECTION 122
2572	2572	ASSEMBLY BILL 1042
2573	2573	SECTION 122. 118.60 (3) (c) of the statutes is repealed.
2574	2574	SECTION 123. 118.60 (3) (d) of the statutes is repealed.
2575	2575	SECTION 124. 118.60 (3m) (a) of the statutes is renumbered 118.82 (1), and
2576	2576	118.82 (1) (intro.) and (b), as renumbered, are amended to read:
2577	2577	118.82 (1) PROHIBITED TUITION AND PAYMENTS. (intro.) A participating private
2578	2578	school participating in the program under this section may not charge or receive any
2579	2579	additional tuition payment for a pupil participating in the choice program under this
2580	2580	section other than the payment the school receives under sub. (4) and, if applicable,
2581	2581	sub. (4m) s. 118.84, if either any of the following applies:
2582	2582	(b) The pupil is enrolled in a grade from 9 to 12 and the family income of the
2583	2583	pupil, as determined under sub. (2) (a) 1. s. 118.72, does not exceed an amount equal
2584	2584	to 2.2 times the poverty level determined in accordance with criteria established by
2585	2585	the director of the federal office of management and budget.
2586	2586	SECTION 125. 118.60 (3m) (am) of the statutes is renumbered 118.82 (4), and
2587	2587	118.82 (4) (a) (intro.), 2., 4. and 8. and (b), as renumbered, are amended to read:
2588	2588	118.82 (4) (a) (intro.) Beginning in the 2011-12 school year, a A participating
2589	2589	private school participating in the program under this section may recover the cost
2590	2590	of providing the following to a pupil participating in the choice program under this
2591	2591	section through reasonable fees in an amount determined by the participating
2592	2592	private school and charged to the pupil, except that no participating private school
2593	2593	may retroactively recover any uncollected costs incurred prior to November 19, 2011:
2594	2594	2. Social and extracurricular activities if not necessary to the participating
2595	2595	private school's curriculum.
2596	2596	4. Meals consumed by pupils of the participating private school.
2597	2597	8. Room and board at the participating private school.
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2624	2624	SECTION 125 ASSEMBLY BILL 1042
2625	2625	(b) A participating private school may not prohibit an eligible pupil from
2626	2626	attending the participating private school, expel, or otherwise discipline the pupil,
2627	2627	or withhold or reduce the pupil's grades because the pupil or the pupil's parent or
2628	2628	guardian cannot does not pay or has not paid fees charged under subd. 1. par. (a).
2629	2629	SECTION 126. 118.60 (3m) (b) of the statutes is renumbered 118.82 (2), and
2630	2630	118.82 (2) (intro.) and (b), as renumbered, are amended to read:
2631	2631	118.82 (2) ALLOWABLE TUITION AND PAYMENTS. (intro.) Beginning in the 2011-12
2632	2632	school year, a A participating private school participating in the program under this
2633	2633	section may, in addition to the payment it receives for a pupil under sub. (4) and, if
2634	2634	applicable, sub. (4m) s. 118.84, charge the pupil tuition in an amount determined by
2635	2635	the participating private school if both all of the following apply:
2636	2636	(b) The family income of the pupil, as determined under sub. (2) (a) 1. s. 118.72,
2637	2637	exceeds an amount equal to 2.2 times the poverty level determined in accordance
2638	2638	with criteria established by the director of the federal office of management and
2639	2639	budget.
2640	2640	SECTION 127. 118.60 (3m) (c) of the statutes is renumbered 118.82 (3) and
2641	2641	amended to read:
2642	2642	118.82 (3) APPEAL; PARTICIPATING PRIVATE SCHOOL. A participating private school
2643	2643	participating in the program under this section shall determine whether the
2644	2644	participating private school may charge additional tuition to a pupil on the basis of
2645	2645	the pupil's family income as permitted allowed under par. (b) sub. (2). The
2646	2646	participating private school shall establish a process for accepting an appeal to the
2647	2647	governing body of the participating private school of the determination made under
2648	2648	this paragraph subsection.
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2675	2675	SECTION 128
2676	2676	ASSEMBLY BILL 1042
2677	2677	SECTION 128. 118.60 (4) (a) of the statutes is renumbered 118.80 (8) and
2678	2678	amended to read:
2679	2679	118.80 (8) SUMMER SCHOOL ATTENDANCE REPORT. Annually, on or before the
2680	2680	Monday after the 3rd Friday in September 15, a participating private school
2681	2681	participating in the program under this section shall file with the department a
2682	2682	report stating its summer daily attendance for each day of summer school for the
2683	2683	purpose of sub. (4m) s. 118.84 (2).
2684	2684	SECTION 129. 118.60 (4) (bg) 1., 2. and 4. of the statutes are repealed.
2685	2685	SECTION 130. 118.60 (4) (bg) 3. of the statutes, as affected by 2023 Wisconsin
2686	2686	Act 11, is renumbered 118.84 (1) (b) and amended to read:
2687	2687	118.84 (1) (b) In the 2015-16 2025-26 school year and in each school year
2688	2688	thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's
2689	2689	enrollment in the private school during a school term, except as provided in subd. 5.,
2690	2690	the state superintendent shall pay to the participating private school in which the
2691	2691	pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation
2692	2692	under s. 20.255 (2) (fr), an amount equal to the sum of the maximum amount per
2693	2693	pupil the state superintendent paid a participating private school under this section
2694	2694	in the previous school year for the grade in which the pupil is enrolled; in the 2023-24
2695	2695	school year, if the pupil is enrolled in a grade from kindergarten to 8, 10 percent of
2696	2696	the revenue ceiling, as defined in s. 121.905 (1), for that school year; the amount of
2697	2697	the per pupil revenue adjustment under s. 121.91 (2m) for the current school year,
2698	2698	if positive; 90 percent of the change in the revenue ceiling, as defined in s. 121.905
2699	2699	(1), between the previous school year and current school year, if positive, if the pupil
2700	2700	is enrolled in a grade from kindergarten to 8, or if the pupil is enrolled in a grade from
2701	2701	9 to 12, the change in the revenue ceiling, as defined in s. 121.905 (1), between the
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2728	2728	SECTION 130 ASSEMBLY BILL 1042
2729	2729	previous school year and current school year, if positive; and the change in the
2730	2730	amount of statewide categorical aid per pupil between the previous school year and
2731	2731	the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in
2732	2732	the 2023-24 school year, if the pupil is enrolled in a grade from 9 to 12, 26.8 percent
2733	2733	of the revenue ceiling, as defined in s. 121.905 (1), for that school year.
2734	2734	SECTION 131. 118.60 (4) (bg) 5. of the statutes, as affected by 2023 Wisconsin
2735	2735	Act 11, is repealed.
2736	2736	SECTION 132. 118.60 (4) (c) of the statutes is renumbered 118.84 (3) and
2737	2737	amended to read:
2738	2738	118.84 (3) PAYMENT INSTALLMENTS. The state superintendent shall pay 25
2739	2739	percent of the total amount under this subsection sub. (1) in September, 25 percent
2740	2740	in November, 25 percent in February, and 25 percent in May. Each installment may
2741	2741	consist of a single check for all pupils attending the participating private school
2742	2742	under this section the choice program. The state superintendent shall include the
2743	2743	entire amount under sub. (4m) (2) in the November installment, but the payment
2744	2744	shall be made in a separate check from the payment under this subsection sub. (1).
2745	2745	SECTION 133. 118.60 (4d) (a) of the statutes is renumbered 118.84 (4) (a) (intro.)
2746	2746	and amended to read:
2747	2747	118.84 (4) (a) (intro.) In this subsection, “incoming choice pupil" means a pupil
2748	2748	who resides in a school district, other than a 1st class city school district, who begins
2749	2749	satisfies all of the following criteria:
2750	2750	2. The pupil began participating in the program under this section in s. 118.60,
2751	2751	2023 stats., during the period beginning with the 2015-16 school year or any and
2752	2752	ending with the 2025-26 school year thereafter, and who or begins participating in
2753	2753	the choice program in the 2026-27 school year or any school year thereafter.
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2781	2781	SECTION 133
2782	2782	ASSEMBLY BILL 1042
2783	2783	3. The pupil is enrolled in a participating private school under this section the
2784	2784	choice program.
2785	2785	SECTION 134. 118.60 (4d) (b) of the statutes is renumbered 118.84 (4) (b), and
2786	2786	118.84 (4) (b) 1. (intro.) and a. to d., as renumbered, are amended to read:
2787	2787	118.84 (4) (b) 1. (intro.) Beginning in the 2015-16 school year, subject Subject
2788	2788	to s. 121.085 (1), the department shall decrease a school district's state aid payment
2789	2789	under s. 121.08 by an amount calculated as follows:
2790	2790	a. Identify the incoming choice pupils residing in the school district for whom
2791	2791	a payment is made under sub. (4) (bg) (1) in that school year.
2792	2792	b. Sum the payments made under sub. (4) (bg) (1) for all of the pupils identified
2793	2793	under subd. 1. a. for that school year.
2794	2794	c. Identify the incoming choice pupils residing in the school district for whom
2795	2795	a payment is made under sub. (4m) (2) in that school year.
2796	2796	d. Sum the payments made under sub. (4m) (a) (2) for all of the pupils identified
2797	2797	under subd. 1. c. for that school year.
2798	2798	SECTION 135. 118.60 (4m) of the statutes is renumbered 118.84 (2), and 118.84
2799	2799	(2) (a) and (b) 1. and 2., as renumbered, are amended to read:
2800	2800	118.84 (2) (a) In addition to the payment under sub. (4) (1), the state
2801	2801	superintendent shall, subject to par. (b), pay to each participating private school
2802	2802	participating in the program under this section, on behalf of the parent or guardian
2803	2803	of each pupil attending summer school in the participating private school under this
2804	2804	section during a summer and in the manner described in sub. (4) (c) (3), an amount
2805	2805	determined as follows:
2806	2806	1
2807	2807	2
2808	2808	3
2809	2809	4
2810	2810	5
2811	2811	6
2812	2812	7
2813	2813	8
2814	2814	9
2815	2815	10
2816	2816	11
2817	2817	12
2818	2818	13
2819	2819	14
2820	2820	15
2821	2821	16
2822	2822	17
2823	2823	18
2824	2824	19
2825	2825	20
2826	2826	21
2827	2827	22
2828	2828	23 - 56 -2023 - 2024 Legislature LRB-5304/1
2829	2829	FFK:emw&wlj
2830	2830	SECTION 135 ASSEMBLY BILL 1042
2831	2831	1. Determine the maximum amount that could have been paid, at the end of
2832	2832	the immediately preceding school term, per pupil under sub. (4) (bg) (1) for the grade
2833	2833	in which the pupil is attending summer school under this section the choice program.
2834	2834	2. If the pupil attended summer school for at least 15 days of summer
2835	2835	instruction at the participating private school during that summer, multiply the
2836	2836	amount under subd. 1. by 0.05.
2837	2837	3. If the pupil attended summer school for less than 15 days of summer
2838	2838	instruction at the participating private school during that summer, multiply the
2839	2839	amount under subd. 1. by 0.05 by the quotient determined by dividing the number
2840	2840	of days of summer instruction the pupil attended during that summer by 15.
2841	2841	(b) 1. The participating private school offers no fewer than 19 summer days of
2842	2842	instruction during that summer.
2843	2843	2. Each summer day of instruction offered by the participating private school
2844	2844	under subd. 1. is comprised of no fewer than 270 minutes of instruction.
2845	2845	SECTION 136. 118.60 (4r) of the statutes is renumbered 118.84 (5), and 118.84
2846	2846	(5) (intro.) and (a), as renumbered, are amended to read:
2847	2847	118.84 (5) PARTICIPATING PRIVATE SCHOOL CLOSURE. (intro.) If, after the 3rd
2848	2848	Friday in September in any school year, a participating private school participating
2849	2849	in the program under this section closes, for each installment under sub. (4) (c) (3)
2850	2850	that was not paid to the participating private school in that school year, the state
2851	2851	superintendent shall pay to the school board of the school district within which the
2852	2852	pupil resides, from the appropriation under s. 20.255 (2) (fv), the amount
2853	2853	determined, for each pupil who had been attending the participating private school
2854	2854	under this section the choice program in that school year and who enrolls in the
2855	2855	school district within which the pupil resides in that school year, as follows:
2856	2856	1
2857	2857	2
2858	2858	3
2859	2859	4
2860	2860	5
2861	2861	6
2862	2862	7
2863	2863	8
2864	2864	9
2865	2865	10
2866	2866	11
2867	2867	12
2868	2868	13
2869	2869	14
2870	2870	15
2871	2871	16
2872	2872	17
2873	2873	18
2874	2874	19
2875	2875	20
2876	2876	21
2877	2877	22
2878	2878	23
2879	2879	24
2880	2880	25 - 57 -2023 - 2024 Legislature
2881	2881	LRB-5304/1
2882	2882	FFK:emw&wlj
2883	2883	SECTION 136
2884	2884	ASSEMBLY BILL 1042
2885	2885	(a) Multiply the amount determined under sub. (4) (bg) (1) by 0.616.
2886	2886	SECTION 137. 118.60 (4s) of the statutes is renumbered 118.84 (6) and amended
2887	2887	to read:
2888	2888	118.84 (6) SPECIAL NEEDS SCHOLARSHIP PROGRAM PUPILS. Notwithstanding subs.
2889	2889	(4), (4d), (4m), and (4r) (1) to (5), a pupil attending a participating private school
2890	2890	participating in the program under this section who is receiving a scholarship under
2891	2891	s. 115.7915 shall may not be counted under this section as a pupil attending the
2892	2892	participating private school under this section under sub. (4), (4d), (4m), or (4r) the
2893	2893	choice program.
2894	2894	SECTION 138. 118.60 (4v) of the statutes is repealed.
2895	2895	SECTION 139. 118.60 (5) of the statutes is renumbered 118.87 (5) and amended
2896	2896	to read:
2897	2897	118.87 (5) ANNUAL NOTICE; PUPILS. The state superintendent shall ensure
2898	2898	Ensure that pupils and parents and guardians of pupils who reside in this state are
2899	2899	informed annually of the private schools participating in the choice program under
2900	2900	this section and in the program under s. 119.23.
2901	2901	SECTION 140. 118.60 (6) of the statutes is renumbered 118.86 and amended to
2902	2902	read:
2903	2903	118.86 School district; duties. The A school board of a school district shall
2904	2904	provide transportation to pupils attending a participating private school under this
2905	2905	section the choice program if required under s. 121.54 and may claim transportation
2906	2906	aid under s. 121.58 for pupils so transported.
2907	2907	SECTION 141. 118.60 (6m) (intro.) and (a) (intro.) and (b) of the statutes are
2908	2908	repealed.
2909	2909	1
2910	2910	2
2911	2911	3
2912	2912	4
2913	2913	5
2914	2914	6
2915	2915	7
2916	2916	8
2917	2917	9
2918	2918	10
2919	2919	11
2920	2920	12
2921	2921	13
2922	2922	14
2923	2923	15
2924	2924	16
2925	2925	17
2926	2926	18
2927	2927	19
2928	2928	20
2929	2929	21
2930	2930	22
2931	2931	23
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2933	2933	FFK:emw&wlj
2934	2934	SECTION 142 ASSEMBLY BILL 1042
2935	2935	SECTION 142. 118.60 (6m) (a) 1. to 9. of the statutes are renumbered 118.78 (1)
2936	2936	(a) to (i), and 118.78 (1) (g) and (i), as renumbered, are amended to read:
2937	2937	118.78 (1) (g) A copy of the suspension and expulsion policies and procedures,
2938	2938	including procedures for appealing a suspension or and for appealing an expulsion,
2939	2939	used by the private school. The private school shall include in its suspension and
2940	2940	expulsion policies and procedures a requirement that a pupil's parent receive written
2941	2941	notice if the pupil is suspended or expelled.
2942	2942	(i) A copy of the policy governing visitors and visits to the private school,
2943	2943	developed as required under sub. (7) (b) 2m.
2944	2944	SECTION 143. 118.60 (6m) (bm) of the statutes is renumbered 118.78 (2) and
2945	2945	amended to read:
2946	2946	118.78 (2) DISCLOSURES TO DEPARTMENT. Upon request of the department, a
2947	2947	participating private school shall provide a copy of any policy described in par. (a)
2948	2948	sub. (1) and the academic standards adopted under sub. (7) (b) 2. s. 118.79 (3).
2949	2949	SECTION 144. 118.60 (6m) (c) of the statutes is renumbered 118.78 (3) and
2950	2950	amended to read:
2951	2951	118.78 (3) ANNUAL NOTICE; GOVERNING BODY. Upon an individual joining the
2952	2952	private school's governing body, Annually, a participating private school shall notify
2953	2953	the department of any changes in the membership of its governing body and provide
2954	2954	to the department a signed statement from the each individual who joined the
2955	2955	governing body during the previous year verifying that the individual is a member
2956	2956	of the governing body.
2957	2957	SECTION 145. 118.60 (6m) (d) of the statutes is renumbered 118.78 (4) and
2958	2958	amended to read:
2959	2959	1
2960	2960	2
2961	2961	3
2962	2962	4
2963	2963	5
2964	2964	6
2965	2965	7
2966	2966	8
2967	2967	9
2968	2968	10
2969	2969	11
2970	2970	12
2971	2971	13
2972	2972	14
2973	2973	15
2974	2974	16
2975	2975	17
2976	2976	18
2977	2977	19
2978	2978	20
2979	2979	21
2980	2980	22
2981	2981	23
2982	2982	24 - 59 -2023 - 2024 Legislature
2983	2983	LRB-5304/1
2984	2984	FFK:emw&wlj
2985	2985	SECTION 145
2986	2986	ASSEMBLY BILL 1042
2987	2987	118.78 (4) DISCLOSURES TO PUPILS. Upon request by any pupil, or the parent or
2988	2988	guardian of any minor pupil, who is attending or who applies to attend the a
2989	2989	participating private school, the participating private school shall provide the
2990	2990	material specified in pars. (a) and (b) sub. (1).
2991	2991	SECTION 146. 118.60 (6p) (intro.) and (a) (intro.) of the statutes are
2992	2992	consolidated, renumbered 118.76 (6) (intro.) and amended to read:
2993	2993	118.76 (6) DISCLOSURE INFORMATION. (intro.) In addition to the requirements
2994	2994	under sub. (6m), a A private school that is not a new private school and that did not
2995	2995	participate in the choice program under this section or s. 119.23 in the previous
2996	2996	school year shall submit to the department all of the following: (a) By, by 2 days
2997	2997	before the 2nd Friday in January 10 of the school year immediately preceding the
2998	2998	school year in which the private school intends to participate in the choice program
2999	2999	under this section, all of the following:
3000	3000	SECTION 147. 118.60 (6p) (a) 1. of the statutes is renumbered 118.76 (6) (a) and
3001	3001	amended to read:
3002	3002	118.76 (6) (a) The information required under sub. (6m) (a) s. 118.78 (1).
3003	3003	SECTION 148. 118.60 (6p) (a) 2. of the statutes is renumbered 118.76 (6) (c).
3004	3004	SECTION 149. 118.60 (6p) (b) of the statutes is renumbered 118.76 (6) (b) and
3005	3005	amended to read:
3006	3006	118.76 (6) (b) By August 1 of the school year in which the private school intends
3007	3007	to participate in the program under this section, a A copy of the academic standards
3008	3008	adopted under sub. (7) (b) 2. s. 118.79 (3).
3009	3009	SECTION 150. 118.60 (7) (ad) 1. of the statutes is renumbered 118.74 (3) (a)
3010	3010	(intro.) and amended to read:
3011	3011	1
3012	3012	2
3013	3013	3
3014	3014	4
3015	3015	5
3016	3016	6
3017	3017	7
3018	3018	8
3019	3019	9
3020	3020	10
3021	3021	11
3022	3022	12
3023	3023	13
3024	3024	14
3025	3025	15
3026	3026	16
3027	3027	17
3028	3028	18
3029	3029	19
3030	3030	20
3031	3031	21
3032	3032	22
3033	3033	23
3034	3034	24 - 60 -2023 - 2024 Legislature LRB-5304/1
3035	3035	FFK:emw&wlj
3036	3036	SECTION 150 ASSEMBLY BILL 1042
3037	3037	118.74 (3) (a) (intro.) If a participating private school participating in the
3038	3038	program under this section or s. 119.23 and that is accredited under sub. (2) (a) 7. to
3039	3039	offer instruction in any elementary grade, but not any high school grade, seeks to
3040	3040	offer instruction in any high school grade, the private school shall apply do all of the
3041	3041	following:
3042	3042	1. Apply for and achieve accreditation to offer of the high school grades by an
3043	3043	accrediting entity by the last weekday in December of the first school year in which
3044	3044	the private school offers instruction in the additional grades in the manner
3045	3045	established under sub. (2) (a) 7. c. a high school grade.
3046	3046	SECTION 151. 118.60 (7) (ad) 2. of the statutes is renumbered 118.74 (3) (b)
3047	3047	(intro.) and amended to read:
3048	3048	118.74 (3) (b) (intro.) If a participating private school participating in the
3049	3049	program under this section or s. 119.23 and that is accredited under sub. (2) (a) 7. to
3050	3050	offer instruction in any high school grade, but not any elementary grade, seeks to
3051	3051	offer instruction in any elementary grade, the private school shall apply do all of the
3052	3052	following:
3053	3053	1. Apply for and achieve accreditation to offer of the elementary grades by an
3054	3054	accrediting entity by the last weekday in December of the first school year in which
3055	3055	the private school offers instruction in the additional grades in the manner
3056	3056	established under sub. (2) (a) 7. c. an elementary grade.
3057	3057	SECTION 152. 118.60 (7) (ad) 3. of the statutes is renumbered 118.74 (4) (a) and
3058	3058	amended to read:
3059	3059	118.74 (4) (a) The governing body of a participating private school participating
3060	3060	in the program under this section and accredited as required under subds. 1. and 2.
3061	3061	and sub. (2) (a) 7., except for a private school obtaining accreditation as allowed
3062	3062	1
3063	3063	2
3064	3064	3
3065	3065	4
3066	3066	5
3067	3067	6
3068	3068	7
3069	3069	8
3070	3070	9
3071	3071	10
3072	3072	11
3073	3073	12
3074	3074	13
3075	3075	14
3076	3076	15
3077	3077	16
3078	3078	17
3079	3079	18
3080	3080	19
3081	3081	20
3082	3082	21
3083	3083	22
3084	3084	23
3085	3085	24
3086	3086	25 - 61 -2023 - 2024 Legislature
3087	3087	LRB-5304/1
3088	3088	FFK:emw&wlj
3089	3089	SECTION 152
3090	3090	ASSEMBLY BILL 1042
3091	3091	under sub. (2) or (3), shall ensure that the participating private school continuously
3092	3092	maintains accreditation from an accrediting entity as long as the private school
3093	3093	continues to participate in the choice program under this section.
3094	3094	SECTION 153. 118.60 (7) (ag) of the statutes is renumbered 118.74 (5) and
3095	3095	amended to read:
3096	3096	118.74 (5) DISQUALIFIED ACCREDITING ORGANIZATION. If a participating private
3097	3097	school learns that an accrediting organization with which the private school is
3098	3098	maintaining accreditation, as required under par. (ad) this section, is a disqualified
3099	3099	accrediting organization, the participating private school shall immediately notify
3100	3100	the department in writing of this fact and shall obtain accreditation from an
3101	3101	accrediting entity no later than 3 years from the date on which the participating
3102	3102	private school learned that the accrediting organization is a disqualified accrediting
3103	3103	organization.
3104	3104	SECTION 154. 118.60 (7) (am) 1m. of the statutes is renumbered 118.83 (1) and
3105	3105	amended to read:
3106	3106	118.83 (1) DEFINITION. In this paragraph section, “eligible education expenses"
3107	3107	means all direct and indirect costs associated with a participating private school's
3108	3108	educational programming for pupils enrolled in grades kindergarten to 12 that are
3109	3109	reasonable for the participating private school to achieve its educational purposes,
3110	3110	as determined by the governing body of the participating private school in a written
3111	3111	policy and tested by an independent auditor. “Eligible education expenses" include
3112	3112	expenses related to management, insurance, transportation, extracurricular
3113	3113	programming and activities, facility and equipment costs, development expenses,
3114	3114	and programming that provides child care services before school, after school, or both
3115	3115	before and after school. A cost is not an “eligible education expense" if an
3116	3116	1
3117	3117	2
3118	3118	3
3119	3119	4
3120	3120	5
3121	3121	6
3122	3122	7
3123	3123	8
3124	3124	9
3125	3125	10
3126	3126	11
3127	3127	12
3128	3128	13
3129	3129	14
3130	3130	15
3131	3131	16
3132	3132	17
3133	3133	18
3134	3134	19
3135	3135	20
3136	3136	21
3137	3137	22
3138	3138	23
3139	3139	24
3140	3140	25 - 62 -2023 - 2024 Legislature LRB-5304/1
3141	3141	FFK:emw&wlj
3142	3142	SECTION 154 ASSEMBLY BILL 1042
3143	3143	independent auditor determines, after testing, that the cost is not a cost associated
3144	3144	with the participating private school's educational programming for pupils enrolled
3145	3145	in grades kindergarten to 12 that is reasonable for the participating private school
3146	3146	to achieve its educational purposes, as determined by the governing body of the
3147	3147	participating private school in a written policy.
3148	3148	SECTION 155. 118.60 (7) (am) 2m. (intro.) and a. of the statutes are consolidated,
3149	3149	renumbered 118.83 (2) (a) and amended to read:
3150	3150	118.83 (2) (a) Each participating private school participating in the program
3151	3151	under this section is subject to uniform financial accounting standards established
3152	3152	by the department.
3153	3153	(b) Annually by the last weekday in October 15 following a school year in which
3154	3154	a private school participated in the choice program under this section, the private
3155	3155	school shall submit to the department all of the following: a. An an independent
3156	3156	financial audit of the private school conducted by an independent certified public
3157	3157	accountant, accompanied by the auditor's statement that the report is free of
3158	3158	material misstatements and fairly presents the private school's eligible education
3159	3159	expenses, and beginning in the 2nd school year a private school participates in the
3160	3160	program under this section, a copy of a management letter prepared by the auditor.
3161	3161	All of the following apply to a financial audit submitted under this paragraph:
3162	3162	1. If the private school annually received a total of at least $100,000 under this
3163	3163	section the choice program and ss. s. 115.7915 and 119.23 in any school year, the
3164	3164	audit shall be prepared in accordance with generally accepted accounting principles
3165	3165	with allowable modifications for long-term fixed assets.
3166	3166	1
3167	3167	2
3168	3168	3
3169	3169	4
3170	3170	5
3171	3171	6
3172	3172	7
3173	3173	8
3174	3174	9
3175	3175	10
3176	3176	11
3177	3177	12
3178	3178	13
3179	3179	14
3180	3180	15
3181	3181	16
3182	3182	17
3183	3183	18
3184	3184	19
3185	3185	20
3186	3186	21
3187	3187	22
3188	3188	23 - 63 -2023 - 2024 Legislature
3189	3189	LRB-5304/1
3190	3190	FFK:emw&wlj
3191	3191	SECTION 155
3192	3192	ASSEMBLY BILL 1042
3193	3193	2. If the private school has not annually received a total of at least $100,000
3194	3194	under this section the choice program and ss. s. 115.7915 and 119.23 in any school
3195	3195	year, the audit shall be prepared as prescribed by the department by rule.
3196	3196	3. The audit shall include a calculation of the private school's net eligible
3197	3197	education expenses and a calculation of the balance of the private school's fund for
3198	3198	future eligible education expenses.
3199	3199	4. The auditor shall conduct his or her the audit, including determining sample
3200	3200	sizes and evaluating financial viability, in accordance with the auditing standards
3201	3201	established by the American Institute of Certified Public Accountants. The
3202	3202	department may not require an auditor to comply with standards that exceed the
3203	3203	scope of the standards established by the American Institute of Certified Public
3204	3204	Accountants.
3205	3205	5. If a private school participating in a program under this section is part of an
3206	3206	organization and the private school and the organization share assets, liabilities, or
3207	3207	eligible education expenses, the private school may submit an audit of the private
3208	3208	school or of the organization of which it is a part. If a private school that is part of
3209	3209	an organization with which it shares assets, liabilities, or eligible education expenses
3210	3210	submits an audit of only the private school, the independent auditor shall use his or
3211	3211	her professional judgment to allocate any shared assets, liabilities, and eligible
3212	3212	education expenses between the organization and the private school.
3213	3213	6. If a private school participating participated in the choice program under
3214	3214	this section in the previous school year and also accepts pupils participated in the
3215	3215	program under s. 115.7915 or 119.23 in the previous school year, the private school
3216	3216	may submit one comprehensive financial audit to satisfy the requirements of this
3217	3217	subdivision subsection and ss. s. 115.7915 (6) (e) and 119.23 (7) (am) 2m., whichever
3218	3218	1
3219	3219	2
3220	3220	3
3221	3221	4
3222	3222	5
3223	3223	6
3224	3224	7
3225	3225	8
3226	3226	9
3227	3227	10
3228	3228	11
3229	3229	12
3230	3230	13
3231	3231	14
3232	3232	15
3233	3233	16
3234	3234	17
3235	3235	18
3236	3236	19
3237	3237	20
3238	3238	21
3239	3239	22
3240	3240	23
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3243	3243	FFK:emw&wlj
3244	3244	SECTION 155 ASSEMBLY BILL 1042
3245	3245	are applicable. The private school shall include in the comprehensive financial audit
3246	3246	the information specified under s. 119.23 (7) (am) 2m.
3247	3247	SECTION 156. 118.60 (7) (am) 2m. b. of the statutes is renumbered 118.83 (5)
3248	3248	(a) and amended to read:
3249	3249	118.83 (5) FISCAL AND INTERNAL CONTROL PRACTICES. (a) Evidence A
3250	3250	participating private school shall submit evidence to the department of sound fiscal
3251	3251	and internal control practices, including evidence that the entity has the financial
3252	3252	ability to continue operating, as prescribed by the department by rule.
3253	3253	(b) A private school that participated in the choice program shall submit to the
3254	3254	department reports completed by an independent auditor on the private school's
3255	3255	compliance with fiscal and internal control requirements, as required by the
3256	3256	department by rule. An independent auditor engaged to evaluate the participating
3257	3257	private school's fiscal and internal control practices shall conduct his or her the
3258	3258	evaluation, including determining sample sizes, in accordance with attestation
3259	3259	standards established by the American Institute of Certified Public Accountants.
3260	3260	The independent auditor engaged to evaluate the private school's fiscal and internal
3261	3261	control practice shall also review any concerns raised in the private school's
3262	3262	management letter submitted under subd. 2m. a.
3263	3263	(c) The fact that a participating private school reports a negative reserve
3264	3264	balance alone is not evidence that the participating private school does not have the
3265	3265	financial ability to continue operating or that the participating private school does
3266	3266	not follow sound fiscal and internal control practices.
3267	3267	SECTION 157. 118.60 (7) (am) 2m. c. of the statutes is repealed.
3268	3268	SECTION 158. 118.60 (7) (am) 3. of the statutes is renumbered 118.83 (3) and
3269	3269	amended to read:
3270	3270	1
3271	3271	2
3272	3272	3
3273	3273	4
3274	3274	5
3275	3275	6
3276	3276	7
3277	3277	8
3278	3278	9
3279	3279	10
3280	3280	11
3281	3281	12
3282	3282	13
3283	3283	14
3284	3284	15
3285	3285	16
3286	3286	17
3287	3287	18
3288	3288	19
3289	3289	20
3290	3290	21
3291	3291	22
3292	3292	23
3293	3293	24
3294	3294	25 - 65 -2023 - 2024 Legislature
3295	3295	LRB-5304/1
3296	3296	FFK:emw&wlj
3297	3297	SECTION 158
3298	3298	ASSEMBLY BILL 1042
3299	3299	118.83 (3) FINANCIAL AUDIT REVIEW. (a) By no later than February 15 the first
3300	3300	weekday in March or 120 days after the date on which the audit under subd. 2m. a.
3301	3301	sub. (2) is received by the department, whichever is later, the department shall notify
3302	3302	a private school participating that participated in the choice program under this
3303	3303	section in the previous school year whether or not additional information is required
3304	3304	for the department to complete its review of the audit. Subject to subd. 3. b. par. (b),
3305	3305	the department may request that an auditor provide additional information if the
3306	3306	request is related to the department reviewing the audit. The department shall
3307	3307	determine whether a the private school participating in the program under this
3308	3308	section has provided the information and met the requirements required under subd.
3309	3309	2m. a. sub. (2) by the 3rd Friday in April 1 .
3310	3310	(b) Before the 3rd Friday in April 1 , the department may contact the auditor
3311	3311	who prepared the audit under subd. 2m. a. sub. (2) only regarding matters that may
3312	3312	impact the private school's financial statement by an amount that is greater than 1
3313	3313	percent of the total amount the private school received under this section the choice
3314	3314	program for the previous school year and any items or information the department
3315	3315	determines are missing from the audit.
3316	3316	(c) Notwithstanding subd. 3. a. and b. pars. (a) and (b), the department may
3317	3317	communicate with an auditor as necessary for the purpose of assessing the financial
3318	3318	viability of a participating private school participating in the program under this
3319	3319	section.
3320	3320	(d) An auditor who receives a written communication under this subdivision
3321	3321	subsection shall respond to the department within 10 school days of receiving the
3322	3322	written communication.
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3348	3348	SECTION 159 ASSEMBLY BILL 1042
3349	3349	SECTION 159. 118.60 (7) (an) of the statutes is renumbered 118.83 (4) and
3350	3350	amended to read:
3351	3351	118.83 (4) RESERVE BALANCE. (a) A participating private school participating
3352	3352	in the program under this section shall maintain a cash and investment balance that
3353	3353	is at least equal to its reserve balance. If a participating private school does not
3354	3354	maintain a cash and investment balance that is at least equal to its reserve balance,
3355	3355	the participating private school shall refund the reserve balance to the department.
3356	3356	This subdivision does not apply to a school year that occurs during the public health
3357	3357	emergency declared on March 12, 2020, by executive order 72.
3358	3358	(b) If a participating private school participating in the program under this
3359	3359	section has a reserve balance that is greater than 50 percent of the total amount the
3360	3360	participating private school received under this section the choice program in the
3361	3361	previous school year, the governing body of the participating private school shall
3362	3362	approve a plan for how it will use the amount of the reserve balance that exceeds 50
3363	3363	percent of the total amount the participating private school received under this
3364	3364	section the choice program in the previous school year.
3365	3365	(c) If a private school ceases to participate in or is barred from the choice
3366	3366	program under this section and s. 119.23 and the private school's reserve balance is
3367	3367	positive, the private school shall refund the reserve balance to the department.
3368	3368	SECTION 160. 118.60 (7) (b) (intro.) and 2m. of the statutes are repealed.
3369	3369	SECTION 161. 118.60 (7) (b) 1. of the statutes is renumbered 118.80 (6) and
3370	3370	amended to read:
3371	3371	118.80 (6) THIRD GRADE READING TEST. Administer Each participating private
3372	3372	school shall administer to any pupils attending the 3rd grade in the private school
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3399	3399	SECTION 161
3400	3400	ASSEMBLY BILL 1042
3401	3401	under this section the choice program a standardized reading test developed by the
3402	3402	department.
3403	3403	SECTION 162. 118.60 (7) (b) 2. of the statutes is renumbered 118.79 (3) and
3404	3404	amended to read:
3405	3405	118.79 (3) ACADEMIC STANDARDS. Adopt Each participating private school shall
3406	3406	adopt the pupil academic standards required under s. 118.30 (1g) (a) 4.
3407	3407	SECTION 163. 118.60 (7) (b) 3. of the statutes is renumbered 118.81 (3) (intro.)
3408	3408	and amended to read:
3409	3409	118.81 (3) TEACHER'S AIDE EDUCATIONAL REQUIREMENTS. (intro.) Ensure A
3410	3410	participating private school shall ensure that any teacher's aide employed by all of
3411	3411	the participating private school has school's teacher's aides satisfy at least one of the
3412	3412	following:
3413	3413	(a) The individual graduated from high school, been granted.
3414	3414	(b) The individual obtained a declaration of equivalency of high school
3415	3415	graduation, been granted.
3416	3416	(c) The individual obtained a high school diploma by the administrator of a
3417	3417	home-based private educational program, or been issued.
3418	3418	(d) The individual obtained a general educational development certificate of
3419	3419	high school equivalency, or has.
3420	3420	(e) The individual obtained a degree or educational credential higher than a
3421	3421	high school diploma, declaration of equivalency of high school graduation, or general
3422	3422	educational development certificate of high school equivalency.
3423	3423	SECTION 164. 118.60 (7) (b) 3m. of the statutes is renumbered 118.80 (3) and
3424	3424	amended to read:
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3450	3450	SECTION 164 ASSEMBLY BILL 1042
3451	3451	118.80 (3) GOVERNING BODY MEETINGS. Annually, The governing body of a
3452	3452	participating private school shall annually schedule at least 2 meetings at which
3453	3453	members of the governing body of the participating private school will be present and
3454	3454	at which pupils, and the parents or guardians of pupils, applying to attend the
3455	3455	participating private school or attending the participating private school may meet
3456	3456	and communicate with the members of the governing body. The private school shall,
3457	3457	within Within 30 days after the start of the school term, the governing body of a
3458	3458	participating private school shall notify the department in writing of the scheduled
3459	3459	meeting dates and shall, at. At least 30 days before the each scheduled meeting date,
3460	3460	the governing body of a participating private school shall notify in writing each pupil,
3461	3461	or the parent or guardian of each minor pupil, applying to attend the participating
3462	3462	private school or attending the participating private school of the meeting date, time,
3463	3463	and place.
3464	3464	SECTION 165. 118.60 (7) (b) 4. to 6. of the statutes are renumbered 118.80 (9)
3465	3465	(a) to (c) and amended to read:
3466	3466	118.80 (9) (a) Maintain A private school shall maintain progress records for
3467	3467	each pupil attending the private school under this section the choice program while
3468	3468	the pupil attends the private school and, except as provided under subd. 7. par. (d),
3469	3469	for at least 5 years after the pupil ceases to attend the private school.
3470	3470	(b) Upon A private school shall, upon request, provide a pupil or the parent or
3471	3471	guardian of a minor pupil who is attending the private school under this section the
3472	3472	choice program with a copy of the pupil's progress records.
3473	3473	(c) Issue A participating private school shall issue a high school diploma or
3474	3474	certificate to each pupil who attends the participating private school under this
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3501	3501	SECTION 165
3502	3502	ASSEMBLY BILL 1042
3503	3503	section the choice program and satisfactorily completes the course of instruction and
3504	3504	any other requirements necessary for high school graduation.
3505	3505	SECTION 166. 118.60 (7) (b) 7. a. and b. of the statutes are consolidated,
3506	3506	renumbered 118.80 (9) (d) 1. and amended to read:
3507	3507	118.80 (9) (d) 1. Except as provided in subd. 7. b., if the 2., if a private school
3508	3508	ceases operating as a private school, the private school shall immediately transfer
3509	3509	all of the progress records of each pupil who attended the private school under this
3510	3510	section to the choice program to the school board of the school district within which
3511	3511	the pupil resides. The private school shall send written notice to each pupil, or to the
3512	3512	parent or guardian of a minor pupil, of the transfer of progress records under this
3513	3513	subd. 7. a. b. If the private school is affiliated with an organization that will maintain
3514	3514	the progress records of each pupil who attended the private school under this section
3515	3515	the choice program for at least 5 years after the private school ceases operation as
3516	3516	a private school, the private school may transfer a pupil's records to the organization
3517	3517	if the pupil, or the parent or guardian of a minor pupil, consents in writing to the
3518	3518	release of the progress records to the affiliated organization. The private school shall
3519	3519	send to the department a copy of the consent form for each pupil who consents to the
3520	3520	transfer of progress records under this subd. 7. b. subdivision. The written notice
3521	3521	shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall
3522	3522	include the name, phone number, mailing address, and other relevant contact
3523	3523	information of the organization that will maintain the progress records, and a
3524	3524	declaration by the affiliated organization that the organization agrees to maintain
3525	3525	the progress records for at least 5 years after the private school ceases operation as
3526	3526	a private school.
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3552	3552	SECTION 167 ASSEMBLY BILL 1042
3553	3553	SECTION 167. 118.60 (7) (c) of the statutes is renumbered 118.79 (4) and
3554	3554	amended to read:
3555	3555	118.79 (4) RELIGIOUS ACTIVITY; PUPIL EXEMPTION. A participating private school
3556	3556	may not require a pupil attending the participating private school under this section
3557	3557	the choice program to participate in any religious activity if the pupil's parent or
3558	3558	guardian submits to the pupil's teacher or the participating private school's principal
3559	3559	a written request that the pupil be exempt from such activities.
3560	3560	SECTION 168. 118.60 (7) (d) (intro.) and 3. of the statutes are repealed.
3561	3561	SECTION 169. 118.60 (7) (d) 1. a. of the statutes is renumbered 118.75 (1) and
3562	3562	amended to read:
3563	3563	118.75 (1) DEFINITION. In this subdivision section, “municipality" has the
3564	3564	meaning given in s. 5.02 (11).
3565	3565	SECTION 170. 118.60 (7) (d) 1. b. of the statutes is renumbered 118.75 (3) (a) and
3566	3566	amended to read:
3567	3567	118.75 (3) (a) A copy of the participating private school's current certificate of
3568	3568	occupancy issued by the municipality within which the participating private school
3569	3569	is located.
3570	3570	(4) NEW LOCATION; CERTIFICATE. If the participating private school moves to a
3571	3571	new location, the participating private school shall submit a copy of the new
3572	3572	certificate of occupancy issued by the municipality within which the participating
3573	3573	private school is located to the department before the attendance of pupils at the new
3574	3574	location and before the next succeeding date specified in s. 121.05 (1) (a) September
3575	3575	count date or the January count date, whichever occurs next.
3576	3576	(3) (b) If the municipality within which the participating private school is
3577	3577	located does not issue certificates of occupancy, the private school may submit a
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3605	3605	SECTION 170
3606	3606	ASSEMBLY BILL 1042
3607	3607	certificate of occupancy issued by the local or regional governmental unit with
3608	3608	authority to issue certificates of occupancy or a letter or form from the municipality
3609	3609	within which the participating private school is located that explains that the
3610	3610	municipality does not issue certificates of occupancy.
3611	3611	(5) TEMPORARY CERTIFICATE. A temporary certificate of occupancy does not meet
3612	3612	the requirement requirements of this subdivision. This subdivision applies only to
3613	3613	a private school located in an eligible school district section.
3614	3614	SECTION 171. 118.60 (7) (dr) of the statutes is renumbered 118.80 (9) (e) and
3615	3615	amended to read:
3616	3616	118.80 (9) (e) A private school participating in the program under this section
3617	3617	may elect to maintain an electronic copy of any application submitted on behalf of
3618	3618	and any correspondence to or about a pupil attending the private school under this
3619	3619	section the choice program instead of a paper copy of the application and
3620	3620	correspondence. The private school shall maintain electronic copies of pupil
3621	3621	applications and correspondence for a period of at least 5 years.
3622	3622	SECTION 172. 118.60 (7) (e) of the statutes is renumbered 118.80 (7) and
3623	3623	amended to read:
3624	3624	118.80 (7) PUPIL ASSESSMENTS. Each participating private school participating
3625	3625	in the program under this section shall administer the examinations required under
3626	3626	s. 118.30 (1t) or examinations permitted under s. 118.301 (3) to pupils attending the
3627	3627	participating private school under the choice program. The participating private
3628	3628	school may administer additional standardized tests to such pupils.
3629	3629	SECTION 173. 118.60 (7) (em) 1. and 2. of the statutes are renumbered 118.74
3630	3630	(4) (b) and (c) and amended to read:
3631	3631	1
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3656	3656	SECTION 173 ASSEMBLY BILL 1042
3657	3657	118.74 (4) (b) The governing body of each Each participating private school
3658	3658	participating in the program under this section shall, subject to subd. 2. par. (c),
3659	3659	annually, by the first weekday in August 1 , provide the department with evidence
3660	3660	demonstrating that the participating private school remains accredited for the
3661	3661	current school year as required under par. (ad) (a). The governing body participating
3662	3662	private school shall include as evidence of accreditation a notice prepared by an
3663	3663	accrediting entity that confirms that the participating private school is accredited by
3664	3664	that entity as of the date of the notice.
3665	3665	(c) The governing body A participating private school shall immediately notify
3666	3666	the department if its accreditation status changes.
3667	3667	SECTION 174. 118.60 (7) (g) of the statutes is renumbered 118.80 (5) and
3668	3668	amended to read:
3669	3669	118.80 (5) AIR QUALITY REQUIREMENTS. (a) By the first day of the 3rd month
3670	3670	beginning after the month in which the department establishes the model
3671	3671	management plan and practices for maintaining indoor environmental quality in
3672	3672	public and private schools under s. 118.075 (3), or by weekday in October 1 of a
3673	3673	private school's first school year of participation in the choice program under this
3674	3674	section, whichever is later, the participating private school shall provide for the
3675	3675	development of a plan for maintaining indoor environmental quality in the
3676	3676	participating private school. Participating private schools may use the model
3677	3677	management plan and practices for maintaining indoor environmental quality
3678	3678	developed under s. 118.075 (3) when developing a plan required under this
3679	3679	paragraph.
3680	3680	(b) By the first day of the 12th month beginning after the month in which the
3681	3681	department establishes the model management plan and practices for maintaining
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3709	3709	SECTION 174
3710	3710	ASSEMBLY BILL 1042
3711	3711	indoor environmental quality in public and private schools under s. 118.075 (3), or
3712	3712	by the beginning of the 2nd school year of participation in the choice program under
3713	3713	this section, whichever is later, the, a participating private school shall implement
3714	3714	a plan for maintaining indoor environmental quality in the participating private
3715	3715	school.
3716	3716	(c) Each participating private school participating in the program under this
3717	3717	section shall provide a copy of the plan implemented under subd. 2. par. (b) to any
3718	3718	person upon request.
3719	3719	SECTION 175. 118.60 (7) (h) of the statutes is renumbered 118.81 (4) and
3720	3720	amended to read:
3721	3721	118.81 (4) BACKGROUND CHECKS. Beginning in the 2018-19 school year, each
3722	3722	Each participating private school participating in the program under this section
3723	3723	shall conduct criminal background investigations of its employees and exclude from
3724	3724	employment any person not permitted to hold a teaching license as the result of an
3725	3725	offense and any person who might reasonably be believed to pose a threat to the
3726	3726	safety of others.
3727	3727	SECTION 176. 118.60 (7m) (a) (intro.), 1. and 2., (b) and (c) of the statutes are
3728	3728	renumbered 118.76 (1) (intro.), (a) (intro.) and (b), (2) and (3), and 118.76 (1) (intro.),
3729	3729	(a) (intro.) and (b), (2) (a) (intro.) and 2. and (b) and (3), as renumbered, are amended
3730	3730	to read:
3731	3731	118.76 (1) SURETY BOND OR BUDGET REQUIREMENT. (intro.) By the first weekday
3732	3732	in May 1 before the first school term that a private school participates in the choice
3733	3733	program under this section or s. 119.23, a participating private school shall submit
3734	3734	to the department one of the following:
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3736	3736	2
3737	3737	3
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3760	3760	SECTION 176 ASSEMBLY BILL 1042
3761	3761	(a) (intro.) A surety bond payable to the state in an amount equal to 25 percent
3762	3762	of the total amount of payments the participating private school expects to receive
3763	3763	under this section and s. 119.23 under the choice program during the first school year
3764	3764	the private school participates in the program under this section. choice program.
3765	3765	If a new private school selects this option to satisfy this subsection, the new private
3766	3766	school shall provide an updated surety bond if all of the following apply:
3767	3767	(b) A complete anticipated budget, on a form provided by the department, for
3768	3768	the first fiscal period of participation in the choice program under this section and
3769	3769	evidence of financial viability, as prescribed by the department by rule. The
3770	3770	participating private school shall include in the budget the anticipated enrollments
3771	3771	for all pupils enrolled in the participating private school and for pupils enrolled in
3772	3772	the participating private school under this section the choice program; estimated
3773	3773	revenues and costs; a schedule of anticipated beginning and ending net choice
3774	3774	program assets; and a schedule of monthly cash flow requirements. The
3775	3775	participating private school shall include in the budget contingent funding sources
3776	3776	the participating private school will use in the event that actual enrollments are less
3777	3777	than expected.
3778	3778	(2) (a) (intro.) If a participating private school submits a surety bond under par.
3779	3779	(a) 1. sub. (1) (a), the participating private school shall annually provide, by the first
3780	3780	weekday in May 1 , a surety bond payable to the state until the participating private
3781	3781	school submits all of the following to the department:
3782	3782	2. Evidence of sound fiscal and internal control practices under sub. (7) (am)
3783	3783	2m. b. s. 118.83 (5) for the school year in the financial audit submitted under subd.
3784	3784	1. a. and for the subsequent school year, neither of which indicates that does not
3785	3785	contain evidence that the participating private school is not financially viable.
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3811	3811	LRB-5304/1
3812	3812	FFK:emw&wlj
3813	3813	SECTION 176
3814	3814	ASSEMBLY BILL 1042
3815	3815	(b) A participating private school shall provide a surety bond under this
3816	3816	paragraph subsection in an amount equal to 25 percent of the total amount of
3817	3817	payments the private school expects to receive under this section and s. 119.23 the
3818	3818	choice program during the following school year.
3819	3819	(3) BUDGET REVIEW; FINANCIAL VIABILITY. If a private school submits a complete
3820	3820	anticipated budget under par. (a) 2. sub. (1) (b), the department shall determine
3821	3821	whether the private school is financially viable by the first weekday in August 1. If
3822	3822	the department determines that the private school is not financially viable, the
3823	3823	private school is not eligible to participate in the choice program under this section
3824	3824	or s. 119.23 in the current school year.
3825	3825	SECTION 177. 118.60 (9) of the statutes is renumbered 118.74 (6) and amended
3826	3826	to read:
3827	3827	118.74 (6) FAILURE TO MEET PRIVATE SCHOOL REQUIREMENTS; NOTIFICATION. If any
3828	3828	an accrediting or preaccrediting entity determines during the accrediting or
3829	3829	preaccrediting process that a participating private school does not meet all of the
3830	3830	requirements under s. 118.165 (1), it shall report that failure to the department.
3831	3831	SECTION 178. 118.60 (9m) of the statutes is renumbered 118.80 (4) (intro.) and
3832	3832	amended to read:
3833	3833	118.80 (4) ACCOUNTABILITY REPORT; POSTING. (intro.) Beginning in September
3834	3834	2016, and annually thereafter, the governing body of a private school participating
3835	3835	in the program under this section that maintains an Internet site for the private
3836	3836	school shall, if the private school is included in the most recent accountability report
3837	3837	published under s. 115.385, Annually, within 30 days after the department publishes
3838	3838	the accountability report, under s. 115.385, a participating private school shall
3839	3839	prominently link on the home page of that Internet site to the pages in that the
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3865	3865	FFK:emw&wlj
3866	3866	SECTION 178 ASSEMBLY BILL 1042
3867	3867	participating private school's most recent accountability report concerning the
3868	3868	private school. on the home page of the participating private school's website if all
3869	3869	of the following apply:
3870	3870	SECTION 179. 118.60 (10) (a) (intro.), 1., 2., 3., 5., 6., 7. and 8. of the statutes are
3871	3871	renumbered 118.85 (1) (intro.), (a), (b), (c), (d), (e), (f) and (g) and amended to read:
3872	3872	118.85 (1) BARRED; CURRENT SCHOOL YEAR. (intro.) The state superintendent
3873	3873	may issue an order barring a private school from participating in the choice program
3874	3874	under this section in the current school year if the state superintendent determines
3875	3875	that the private school has done any of the following:
3876	3876	(a) Intentionally or negligently misrepresented any information required
3877	3877	under this section subchapter or any rule promulgated under this section
3878	3878	subchapter.
3879	3879	(b) Failed to provide the notice or pay the fee required under sub. (2) (a) 3. s.
3880	3880	118.73 (1), or provide the information required under sub. (7) (am) or (d) s. 118.75 or
3881	3881	118.83, by the date or within the period specified.
3882	3882	(c) Failed to refund to the state any overpayment made under sub. (4) or (4m)
3883	3883	the choice program by the date specified by department rule.
3884	3884	(d) Failed to provide the information required under sub. (6m) or (6p) s. 118.78.
3885	3885	(e) Failed to comply with the requirements under sub. (7) (b), (c), or (h) or (7m)
3886	3886	s. 118.76, 118.79 (3) or (4), 118.80 (3), (6), or (9) (d), or 118.81 (3) or (4).
3887	3887	(f) Violated sub. (7) (b) 4., 5., or 6. s. 118.80 (9) (a), (b), or (c).
3888	3888	(g) Before the end of a 7-year period beginning on the date of an order issued
3889	3889	by the state superintendent under this subsection section, s. 118.60, 2023 stats., or
3890	3890	s. 119.23, 2023 stats., retained a disqualified person, for compensation or as a
3891	3891	volunteer, as an owner, officer, director, trustee, administrator, person designated by
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3917	3917	LRB-5304/1
3918	3918	FFK:emw&wlj
3919	3919	SECTION 179
3920	3920	ASSEMBLY BILL 1042
3921	3921	the administrator to assist in processing pupil applications, or person responsible for
3922	3922	administrative, financial, or pupil health and safety matters.
3923	3923	SECTION 180. 118.60 (10) (am) of the statutes is renumbered 118.85 (2), and
3924	3924	118.85 (2) (intro.), (a), (c) and (d), as renumbered, are amended to read:
3925	3925	118.85 (2) BARRED; FOLLOWING SCHOOL YEAR. (intro.) If the state superintendent
3926	3926	determines that any of the following have occurred, he or she the state
3927	3927	superintendent may issue an order barring the a private school from participating
3928	3928	in the choice program under this section in the following school year:
3929	3929	(a) The private school has not complied with the requirements under sub. (7)
3930	3930	(em) s. 118.74 (4).
3931	3931	(c) The private school has not achieved accreditation within the period allowed
3932	3932	under sub. (2) (a) 7. s. 118.74 (2) (b).
3933	3933	(d) The private school intentionally or negligently misrepresented any
3934	3934	information required under this section subchapter or any rule promulgated under
3935	3935	this section subchapter.
3936	3936	SECTION 181. 118.60 (10) (ar) of the statutes is renumbered 118.85 (3) and
3937	3937	amended to read:
3938	3938	118.85 (3) (a) If the state superintendent determines that a participating
3939	3939	private school has failed to continuously maintain accreditation as required under
3940	3940	sub. (7) (ad) s. 118.74 (4), that the governing body of the participating private school
3941	3941	has withdrawn the participating private school from the accreditation process, or
3942	3942	that the participating private school's accreditation has been revoked, denied, or
3943	3943	terminated by an accrediting entity, the state superintendent shall issue an order
3944	3944	barring the private school's participation in the choice program under this section at
3945	3945	the end of the current school year.
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3971	3971	FFK:emw&wlj
3972	3972	SECTION 181 ASSEMBLY BILL 1042
3973	3973	(b) A private school whose participation in the choice program under this
3974	3974	section is barred under subd. 1. par. (a) may not participate in the choice program
3975	3975	under this section or under s. 119.23 until the governing body of the private school
3976	3976	demonstrates to the satisfaction of the department that it has obtained accreditation
3977	3977	from an accrediting entity, provided the accreditation is from an entity other than the
3978	3978	entity with which the private school failed to continuously maintain accreditation or,
3979	3979	if the private school's accreditation was revoked, denied, or terminated, other than
3980	3980	the entity that revoked, denied, or terminated the private school's accreditation.
3981	3981	SECTION 182. 118.60 (10) (b) of the statutes is renumbered 118.85 (4) and
3982	3982	amended to read:
3983	3983	118.85 (4) HEALTH AND SAFETY OF PUPILS. The state superintendent may issue
3984	3984	an order immediately terminating a private school's participation in the choice
3985	3985	program under this section if he or she the state superintendent determines that
3986	3986	conditions at the private school present an imminent threat to the health or safety
3987	3987	of pupils.
3988	3988	SECTION 183. 118.60 (10) (c) of the statutes is renumbered 118.85 (5) and
3989	3989	amended to read:
3990	3990	118.85 (5) PARENTAL NOTIFICATION. Whenever the state superintendent issues
3991	3991	an order under par. (a), (am), (ar), or (b), he or she sub. (1), (2), (3), or (4), the state
3992	3992	superintendent shall immediately notify the parent or guardian of each pupil
3993	3993	attending the private school under this section the choice program.
3994	3994	SECTION 184. 118.60 (10) (d) of the statutes is renumbered 118.85 (6) and
3995	3995	amended to read:
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4018	4018	23 - 79 -2023 - 2024 Legislature
4019	4019	LRB-5304/1
4020	4020	FFK:emw&wlj
4021	4021	SECTION 184
4022	4022	ASSEMBLY BILL 1042
4023	4023	118.85 (6) WITHHOLDING PAYMENTS. The state superintendent may withhold
4024	4024	payment from a participating private school under subs. (4) and (4m) s. 118.84 if the
4025	4025	participating private school violates this section subchapter or s. 115.383 (3) (b).
4026	4026	SECTION 185. 118.60 (11) of the statutes is renumbered 118.87 and amended
4027	4027	to read:
4028	4028	118.87 Department; duties. The department shall do all of the following:
4029	4029	(1) RULES. Promulgate rules to implement and administer this section
4030	4030	subchapter. The department may not by rule establish standards under sub. (7) (am)
4031	4031	s. 118.83 or 118.84 (7) that exceed the standards established by the American
4032	4032	Institute of Certified Public Accountants.
4033	4033	(2) NOTIFICATION; CHOICE PROGRAM CHANGES. Notify each participating private
4034	4034	school participating in the program under this section of any proposed changes to the
4035	4035	choice program or to administrative rules governing the choice program, including
4036	4036	changes to application or filing deadlines but not including changes to provisions
4037	4037	governing health or safety, prior to the beginning of the school year in which the
4038	4038	change takes effect.
4039	4039	(3) NOTIFICATION; RECEIPT OF ACCREDITATION STATUS. Within 10 days after
4040	4040	receiving the information submitted as required under sub. (7) (em) s. 118.74 (4) (b),
4041	4041	notify the participating private school of receipt of accreditation status.
4042	4042	(4) RELEASE OF PUBLIC DATA. When the department publicly releases data
4043	4043	related to enrollment of, standardized test results for, applications submitted by, or
4044	4044	waiting lists for pupils participating in or seeking to participate in the choice
4045	4045	program under this section, release the data all at the same time, uniformly, and
4046	4046	completely.
4047	4047	SECTION 186. 118.60 (12) of the statutes is repealed.
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4073	4073	FFK:emw&wlj
4074	4074	SECTION 187 ASSEMBLY BILL 1042
4075	4075	SECTION 187. Subchapter II (title) of chapter 118 [precedes 118.70] of the
4076	4076	statutes is created to read:
4077	4077	CHAPTER 118
4078	4078	SUBCHAPTER II
4079	4079	PRIVATE SCHOOL CHOICE PROGRAM
4080	4080	SECTION 188. 118.70 (3), (6), (7), (8), (9), (11), (12), (16), (17), (18) and (20) of the
4081	4081	statutes are created to read:
4082	4082	118.70 (3) “Choice program” means any of the following:
4083	4083	(a) The program administered under this subchapter.
4084	4084	(b) The program administered under s. 118.60, 2023 stats., or s. 119.23, 2023
4085	4085	stats.
4086	4086	(6) “Family income" means the federal adjusted gross income of the parents of
4087	4087	a pupil who reside in the same household as the pupil. “Family income" does not
4088	4088	include money earned by a pupil in the work based learning program created under
4089	4089	s. 118.56.
4090	4090	(7) “January count date” means the 2nd Friday in January or an alternative
4091	4091	count date designated by the department under s. 118.87 (6).
4092	4092	(8) “January pupil count report” means a report submitted to the department
4093	4093	that includes the number of pupils attending a participating private school under the
4094	4094	choice program on the January count date.
4095	4095	(9) “Milwaukee pupil” means a pupil who resides in a 1st class city school
4096	4096	district.
4097	4097	(11) (a) “Parent” means an individual who resides in the same household as a
4098	4098	pupil and who is any of the following in relation to the pupil:
4099	4099	1. A biological parent.
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4124	4124	25 - 81 -2023 - 2024 Legislature
4125	4125	LRB-5304/1
4126	4126	FFK:emw&wlj
4127	4127	SECTION 188
4128	4128	ASSEMBLY BILL 1042
4129	4129	2. A legal guardian.
4130	4130	3. An adoptive parent.
4131	4131	4. A stepparent.
4132	4132	(b) For purposes of par. (a), an individual listed in par. (a) 1. to 4. who is on active
4133	4133	military duty is considered to reside in the same household as a pupil.
4134	4134	(c) If no individual meets the requirements under par. (a), “parent” means an
4135	4135	individual who has the legal authority to make educational decisions for a pupil.
4136	4136	(12) “Participating private school” means a private school participating in the
4137	4137	choice program.
4138	4138	(16) “Racine pupil” means a pupil who resides in the Racine Unified School
4139	4139	District.
4140	4140	(17) “September count date” means the 3rd Friday in September or an
4141	4141	alternative date designated by the department under s. 118.87 (6).
4142	4142	(18) “September pupil count report” means a report submitted to the
4143	4143	department that includes the number of pupils attending a participating private
4144	4144	school under the choice program on the September count date.
4145	4145	(20) “Wisconsin pupil” means a pupil who resides in this state but does not
4146	4146	reside in a 1st class city school district or the Racine Unified School District.
4147	4147	SECTION 189. 118.71 of the statutes is created to read:
4148	4148	118.71 Pupil reenrollment. (1) DEFINITIONS. In this section:
4149	4149	(a) “Continuing pupil” means a pupil who meets all of the following criteria:
4150	4150	1. The pupil was included as a choice program pupil in the participating private
4151	4151	school's January pupil count report for the current school year and subsequently has
4152	4152	not been determined ineligible to participate in the choice program.
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4177	4177	FFK:emw&wlj
4178	4178	SECTION 189 ASSEMBLY BILL 1042
4179	4179	2. The pupil is not in the highest grade that will be offered by the participating
4180	4180	private school in the following school year.
4181	4181	3. The pupil will not be 21 years of age by September 1 of the following school
4182	4182	year.
4183	4183	4. The pupil resides in this state.
4184	4184	(b) “Reenrollment acceptance deadline” means the 10th day after the 4th
4185	4185	Friday in January of the current school year.
4186	4186	(c) “Reenrollment notification period” means the period beginning on the date
4187	4187	the participating private school submits the January pupil count report for the
4188	4188	current school year or the 4th Friday in January of the current school year, whichever
4189	4189	is earlier, and ending on the 4th day after the 4th Friday in January.
4190	4190	(2) REENROLLMENT NOTIFICATION PROCESS. In the 2025-26 school year and each
4191	4191	school year thereafter, during the reenrollment notification period, a participating
4192	4192	private school shall do all of the following:
4193	4193	(a) If the number of choice program seats the participating private school has
4194	4194	available in a grade for the following school year is less than the number of
4195	4195	continuing pupils attending the participating private school who will be in that grade
4196	4196	in the following school year, the participating private school shall do all of the
4197	4197	following for the grade:
4198	4198	1. Determine which continuing pupils receive a choice program seat for the
4199	4199	following school year on a random basis.
4200	4200	2. Notify the parent of each continuing pupil who does not receive a choice
4201	4201	program seat under subd. 1. that the continuing pupil is on the choice program
4202	4202	waiting list established under s. 118.72 (3) (d) for the following school year.
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4226	4226	24 - 83 -2023 - 2024 Legislature
4227	4227	LRB-5304/1
4228	4228	FFK:emw&wlj
4229	4229	SECTION 189
4230	4230	ASSEMBLY BILL 1042
4231	4231	3. Notify the parent of each continuing pupil who was selected to receive a
4232	4232	choice program seat under subd. 1. that the continuing pupil has a choice program
4233	4233	seat at the participating private school for the following school year. The notice
4234	4234	under this subdivision shall include the reenrollment acceptance deadline and, if the
4235	4235	participating private school elects to proceed under sub. (3) (b), a statement that, if
4236	4236	the participating private school does not receive a written or verbal acceptance from
4237	4237	the continuing pupil's parent by the reenrollment acceptance deadline, the choice
4238	4238	program seat offered to the continuing pupil under the reenrollment process will be
4239	4239	revoked.
4240	4240	(b) If the number of choice program seats a participating private school has
4241	4241	available in a grade is at least the number of continuing pupils attending the
4242	4242	participating private school who will be in that grade in the following school year, the
4243	4243	participating private school shall notify the parent of each continuing pupil who will
4244	4244	be in the grade in the following school year that the continuing pupil has a choice
4245	4245	program seat at the participating private school for the following school year. The
4246	4246	notice shall include the reenrollment acceptance deadline and, if the participating
4247	4247	private school elects to proceed under sub. (3) (b), a statement that, if the
4248	4248	participating private school does not receive a written or verbal acceptance from the
4249	4249	continuing pupil's parent by the reenrollment acceptance deadline, the choice
4250	4250	program seat offered to the continuing pupil under the reenrollment process will be
4251	4251	revoked.
4252	4252	(3) REENROLLMENT ACCEPTANCE. If the parent of a continuing pupil who receives
4253	4253	a choice program seat at a participating private school under sub. (2) does not provide
4254	4254	the participating private school with a written or verbal acceptance of the choice
4255	4255	program seat by the reenrollment acceptance deadline, the participating private
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4281	4281	FFK:emw&wlj
4282	4282	SECTION 189 ASSEMBLY BILL 1042
4283	4283	school shall do one of the following for continuing pupils who have not accepted a
4284	4284	choice program seat offered under sub. (2):
4285	4285	(a) Grant a choice program seat to all continuing pupils who were offered a
4286	4286	choice program seat under sub. (2) unless a continuing pupil's parent has notified the
4287	4287	participating private school, in writing, that the continuing pupil will not attend the
4288	4288	participating private school under the choice program in the following school year.
4289	4289	(b) By 2 days after the reenrollment acceptance deadline, in writing, notify each
4290	4290	parent of a continuing pupil who was offered a choice program seat under sub. (2) and
4291	4291	who did not provide the participating private school with a written or verbal
4292	4292	acceptance of the choice program seat by the reenrollment acceptance deadline that
4293	4293	the participating private school did not receive a written or verbal acceptance by the
4294	4294	reenrollment acceptance deadline and that the choice program seat offered to the
4295	4295	pupil under the reenrollment process has been revoked. The notice shall include a
4296	4296	statement that the parent may complete an application for the continuing pupil
4297	4297	during an open application period if the continuing pupil would like to attend the
4298	4298	participating private school under the choice program in the following school year.
4299	4299	SECTION 190. 118.72 (title) of the statutes is created to read:
4300	4300	118.72 (title) Pupil eligibility and application.
4301	4301	SECTION 191. 118.72 (1) (b) of the statutes is created to read:
4302	4302	118.72 (1) (b) Wisconsin pupils. For a Wisconsin pupil, the pupil is a member
4303	4303	of a family that has a total family income that does not exceed an amount equal to
4304	4304	2.2 times the poverty level determined in accordance with criteria established by the
4305	4305	director of the federal office of management and budget.
4306	4306	SECTION 192. 118.72 (1) (c) of the statutes is created to read:
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4331	4331	LRB-5304/1
4332	4332	FFK:emw&wlj
4333	4333	SECTION 192
4334	4334	ASSEMBLY BILL 1042
4335	4335	118.72 (1) (c) Prior year attendance. For a Racine pupil or a Wisconsin pupil,
4336	4336	the pupil satisfies at least one of the following:
4337	4337	1. The pupil was enrolled in a public school in the previous school year.
4338	4338	2. The pupil was not enrolled in school in the previous school year.
4339	4339	3. The pupil attended a participating private school under the choice program
4340	4340	in the previous school year.
4341	4341	4. The pupil was on a waiting list to attend a participating private school under
4342	4342	the choice program during the previous school year.
4343	4343	5. The pupil is applying to attend kindergarten, first grade, or 9th grade at a
4344	4344	participating private school.
4345	4345	6. The pupil attended a school in another state in the previous school year.
4346	4346	7. The pupil is a Wisconsin pupil who was on a waiting list under s. 118.60 (3)
4347	4347	(ar), 2023 stats., in any previous school year.
4348	4348	SECTION 193. 118.72 (2) of the statutes is created to read:
4349	4349	118.72 (2) INCOME REQUIREMENT EXCLUSIONS. The income requirement in sub.
4350	4350	(1) (a) or (b), whichever is applicable to a pupil, does not apply to the pupil if any of
4351	4351	the following applies:
4352	4352	(a) The pupil attended a participating private school under the choice program
4353	4353	in the previous school year.
4354	4354	(b) For a pupil applying to participate in the choice program after the
4355	4355	September count date, the pupil is a Milwaukee pupil who was included in the
4356	4356	September pupil count report as participating in the choice program if the pupil is
4357	4357	not subsequently determined ineligible for the choice program.
4358	4358	(c) The pupil was on a waiting list to attend a participating private school under
4359	4359	the choice program during the previous school year.
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4385	4385	FFK:emw&wlj
4386	4386	SECTION 194 ASSEMBLY BILL 1042
4387	4387	SECTION 194. 118.72 (3) (title) of the statutes is created to read:
4388	4388	118.72 (3) (title) PUPIL APPLICATIONS.
4389	4389	SECTION 195. 118.72 (3) (d) of the statutes is created to read:
4390	4390	118.72 (3) (d) Waiting list. If a participating private school selects pupils under
4391	4391	par. (c) on a random basis, the participating private school shall do all of the following
4392	4392	for each pupil who did not receive a choice program seat for the following school year:
4393	4393	1. Add the pupil to the choice program waiting list.
4394	4394	2. Notify the pupil's parent, in writing, that the pupil has been placed on the
4395	4395	choice program waiting list. The notification shall identify the pupil's place on the
4396	4396	waiting list.
4397	4397	SECTION 196. 118.72 (4) of the statutes is created to read:
4398	4398	118.72 (4) INCOME VERIFICATION. (a) Information provided by parent. 1. If a
4399	4399	pupil is required to meet the income eligibility requirement under sub. (1) (a) or (b),
4400	4400	the pupil's parent shall provide all of the following information to the department as
4401	4401	part of the application under sub. (3):
4402	4402	a. The names of the pupil's parents who reside in the same household as the
4403	4403	pupil.
4404	4404	b. If the application contains more than one parent, whether the parents on the
4405	4405	application are married.
4406	4406	c. The names of all of the other members of the pupil's family residing in the
4407	4407	same household as the pupil.
4408	4408	d. Whether the parent would like the pupil's income eligibility determination
4409	4409	completed using the department of revenue income determination method under
4410	4410	par. (d) or the department income determination method under par. (e).
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4436	4436	FFK:emw&wlj
4437	4437	SECTION 196
4438	4438	ASSEMBLY BILL 1042
4439	4439	2. During the open application period in which an application is received, a
4440	4440	pupil's parent may change the income eligibility determination method selection
4441	4441	under subd. 1. d. if the pupil has not been determined ineligible under the income
4442	4442	determination method previously selected.
4443	4443	(b) Social security number or federal tax identification number. If a pupil's
4444	4444	parent selects the department of revenue income determination method under par.
4445	4445	(a) 1. d., the pupil's parent or the participating private school shall provide the social
4446	4446	security number or other state and federal tax identification number for each parent
4447	4447	under par. (a) 1. a.
4448	4448	(c) Income adjustment for marriage. If the parents on the application are
4449	4449	married, the pupil's family income shall be reduced by $7,000 before the verification
4450	4450	is made under this subsection.
4451	4451	(d) Department of revenue income determination method. 1. If a pupil's parent
4452	4452	selects the department of revenue income eligibility method under par. (a) 1. d., the
4453	4453	department of revenue shall review the information submitted under this section
4454	4454	and verify the eligibility or ineligibility of the pupil to participate in the choice
4455	4455	program on the basis of family income. The determination under this paragraph
4456	4456	shall be based on the family income for the following tax year:
4457	4457	a. The tax year preceding the school year for which family income is being
4458	4458	verified.
4459	4459	b. If income for the tax year in subd. 1. a. is not available, the tax year 2 years
4460	4460	prior to the school year for which family income is being verified.
4461	4461	2. The department of revenue shall notify the department of public instruction,
4462	4462	the participating private school, and the pupil's parent of its determination of
4463	4463	whether the pupil is eligible for the choice program based on family income.
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4490	4490	SECTION 196 ASSEMBLY BILL 1042
4491	4491	3. The department of revenue may take no other action on the basis of the
4492	4492	information submitted under this subsection.
4493	4493	4. The department of public instruction may not request from a pupil's family
4494	4494	any additional information related to the pupil's family income once the department
4495	4495	of revenue has verified that the pupil is eligible to participate in the choice program
4496	4496	on the basis of family income.
4497	4497	(e) Department income determination method. If a pupil's parent selects the
4498	4498	department of public instruction income verification method under par. (a) 1. d., the
4499	4499	parent shall use the income verification procedure established by the department by
4500	4500	rule. The determination under this paragraph shall be based on the family income
4501	4501	for the tax year preceding the school year for which family income is being verified.
4502	4502	SECTION 197. 118.73 (title) and (1) of the statutes are created to read:
4503	4503	118.73 (title) Private school registration. (1) PRIVATE SCHOOL ELIGIBILITY;
4504	4504	INTENT TO PARTICIPATE AND ANNUAL FEE. To be eligible to participate in the choice
4505	4505	program in the following school year, a private school shall submit all of the following
4506	4506	to the department:
4507	4507	(a) By 2 days before the 2nd Friday in January, a notice of intent to participate
4508	4508	that includes all of the following:
4509	4509	1. An agreement to comply with procedural requirements.
4510	4510	2. The name and location of the accredited institution of higher education from
4511	4511	which the administrator of the private school received at least a bachelor's degree
4512	4512	and the date the degree was received; the license number of the private school's
4513	4513	administrator's teaching or administrator license issued by the department; or an
4514	4514	indication that the administrator of the private school is excluded from this
4515	4515	requirement under s. 118.81 (2) (b).
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4517	4517	2
4518	4518	3
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4541	4541	LRB-5304/1
4542	4542	FFK:emw&wlj
4543	4543	SECTION 197
4544	4544	ASSEMBLY BILL 1042
4545	4545	3. Each physical location at which the private school intends to operate.
4546	4546	4. The number of choice program seats the private school has available in the
4547	4547	following school year for pupils attending the private school under the choice
4548	4548	program.
4549	4549	5. A plan for selecting applicants on a random basis.
4550	4550	6. The open application periods during which the private school will accept
4551	4551	applications under s. 118.72.
4552	4552	7. The grades at which the private school will offer choice program seats.
4553	4553	8. Whether or not the private school intends to offer virtual instruction and, if
4554	4554	so, the amount and type of virtual instruction the private school intends to offer.
4555	4555	(b) By 2 days before the 2nd Friday in January, the nonrefundable annual fee
4556	4556	set by the department. The department shall by rule set the fee charged under this
4557	4557	paragraph at an amount such that the total fee revenue covers the costs of employing
4558	4558	one full-time auditor to evaluate the financial information submitted by
4559	4559	participating private schools.
4560	4560	SECTION 198. 118.74 (title) of the statutes is created to read:
4561	4561	118.74 (title) Accreditation.
4562	4562	SECTION 199. 118.74 (3) (title) of the statutes is created to read:
4563	4563	118.74 (3) (title) ADDING ADDITIONAL GRADES.
4564	4564	SECTION 200. 118.74 (3) (a) 2. of the statutes is created to read:
4565	4565	118.74 (3) (a) 2. Achieve accreditation for the high school grades by the first
4566	4566	weekday in December of the 3rd school year following the first school year in which
4567	4567	the private school provides instruction in a high school grade.
4568	4568	SECTION 201. 118.74 (3) (b) 2. of the statutes is created to read:
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4593	4593	FFK:emw&wlj
4594	4594	SECTION 201 ASSEMBLY BILL 1042
4595	4595	118.74 (3) (b) 2. Achieve accreditation for the elementary grades by the first
4596	4596	weekday in December of the 3rd school year following the first school year in which
4597	4597	the private school provides instruction in an elementary grade.
4598	4598	SECTION 202. 118.74 (4) (title) of the statutes is created to read:
4599	4599	118.74 (4) (title) CONTINUOUS ACCREDITATION.
4600	4600	SECTION 203. 118.75 (title) of the statutes is created to read:
4601	4601	118.75 (title) Certificate of occupancy; requirement.
4602	4602	SECTION 204. 118.75 (2) of the statutes is created to read:
4603	4603	118.75 (2) PHYSICAL LOCATION REQUIRED. A participating private school shall
4604	4604	maintain at least one physical location in this state from which the school is operated.
4605	4605	SECTION 205. 118.75 (3) (intro.) of the statutes is created to read:
4606	4606	118.75 (3) REQUIRED SUBMISSION. (intro.) By the first weekday in August before
4607	4607	the first school term of participation in the choice program, or by the first weekday
4608	4608	in May if the private school begins participation in the choice program during
4609	4609	summer school, each participating private school shall submit one of the following
4610	4610	to the department:
4611	4611	SECTION 206. 118.76 (title) and (2) (title) of the statutes are created to read:
4612	4612	118.76 (title) First-time private school participant. (2) (title) CONTINUING
4613	4613	SURETY BOND REQUIREMENT.
4614	4614	SECTION 207. 118.76 (1) (a) 1. and 2. of the statutes are created to read:
4615	4615	118.76 (1) (a) 1. The total payments the new private school expects to receive
4616	4616	on the basis of the intent to participate provided under s. 118.73 (1) exceeds the total
4617	4617	expected choice program payments on the basis of the form provided under s. 118.77
4618	4618	(1) by at least $50,000.
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4642	4642	24 - 91 -2023 - 2024 Legislature
4643	4643	LRB-5304/1
4644	4644	FFK:emw&wlj
4645	4645	SECTION 207
4646	4646	ASSEMBLY BILL 1042
4647	4647	2. The required surety bond based on the intent to participate provided under
4648	4648	s. 118.73 (1) is more than $25,000.
4649	4649	SECTION 208. 118.76 (4) of the statutes is created to read:
4650	4650	118.76 (4) UPDATED SURETY BOND. (a) In this subsection, “September choice
4651	4651	pupil count” means the number of pupils attending the participating private school
4652	4652	under the choice program as reported in the September pupil count report.
4653	4653	(b) By the first weekday in November, a participating private school that
4654	4654	provided a surety bond under sub. (1) (a) or (2) shall provide an updated surety bond
4655	4655	if the total payment the participating private school expects to receive under the
4656	4656	choice program on the basis of the September choice pupil count exceeds the total
4657	4657	expected payment on the basis of the intent to participate provided by the
4658	4658	participating private school under s. 118.73 (1) (a) by at least $50,000.
4659	4659	(c) Notwithstanding par. (b), if a new private school did not provide an updated
4660	4660	surety bond under sub. (1) (a) for the first year it participated in the choice program,
4661	4661	the new private school shall provide an updated surety bond for the bond provided
4662	4662	under s. 118.77 (2) if all of the following apply:
4663	4663	1. The total payment the new private school expects to receive under the choice
4664	4664	program on the basis of the September choice pupil count exceeds the total expected
4665	4665	payment on the basis of the information provided under s. 118.77 (1) by at least
4666	4666	$50,000.
4667	4667	2. The amount of the surety bond based on the September choice pupil count
4668	4668	is more than $25,000.
4669	4669	SECTION 209. 118.76 (5) of the statutes is created to read:
4670	4670	118.76 (5) FISCAL MANAGEMENT TRAINING. By the first weekday in April before
4671	4671	the school year in which a private school intends to first participate in the choice
4672	4672	1
4673	4673	2
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4697	4697	FFK:emw&wlj
4698	4698	SECTION 209 ASSEMBLY BILL 1042
4699	4699	program, the administrator of the private school shall participate in a fiscal
4700	4700	management training program approved by the department. If the private school
4701	4701	hires a new administrator between the first weekday in April and the first weekday
4702	4702	in August, the new administrator shall participate in a fiscal management training
4703	4703	program approved by the department before assuming the responsibilities of
4704	4704	administrator of the private school.
4705	4705	SECTION 210. 118.76 (7) of the statutes is created to read:
4706	4706	118.76 (7) STUDENT INFORMATION SYSTEM VENDOR. Beginning in the 2025-26
4707	4707	school year, by the first weekday in July of the first school year in which the
4708	4708	participating private school intends to participate in the choice program, the
4709	4709	participating private school shall provide to the department the name of the certified
4710	4710	student information system vendor with which the participating private school has
4711	4711	contracted for the first school year the participating private school participates in the
4712	4712	choice program, as required under s. 115.383 (3) (b).
4713	4713	SECTION 211. 118.77 (title) of the statutes is created to read:
4714	4714	118.77 (title) New private schools; initial participation requirements.
4715	4715	SECTION 212. 118.77 (1) (b) of the statutes is created to read:
4716	4716	118.77 (1) (b) The name and location of the nationally or regionally accredited
4717	4717	institution of higher education from which the new private school's administrator
4718	4718	received at least a bachelor's degree and the date the degree was conferred; the
4719	4719	number assigned to a teaching license or an administrator license issued to the new
4720	4720	private school's administrator by the department; or notice that the administrator
4721	4721	is exempt from this requirement under s. 118.81 (2) (b).
4722	4722	SECTION 213. 118.77 (1) (d) of the statutes is created to read:
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4725	4725	3
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4747	4747	LRB-5304/1
4748	4748	FFK:emw&wlj
4749	4749	SECTION 213
4750	4750	ASSEMBLY BILL 1042
4751	4751	118.77 (1) (d) The number of choice program seats the new private school
4752	4752	intends to make available to pupils participating in the choice program in the first
4753	4753	school year the new private school intends to participate in the choice program.
4754	4754	SECTION 214. 118.77 (2) (b) to (e) of the statutes are created to read:
4755	4755	118.77 (2) (b) The information under s. 118.78 (1).
4756	4756	(c) A copy of the academic standards adopted by the governing body of the new
4757	4757	private school under s. 118.79 (3).
4758	4758	(d) A signed statement from each individual who is a member of the governing
4759	4759	body of the new private school verifying that the individual is a member of the
4760	4760	governing body.
4761	4761	(e) Notwithstanding s. 118.74 (1), a letter from a preaccrediting entity that
4762	4762	indicates that the new private school is preaccredited.
4763	4763	SECTION 215. 118.78 (title) of the statutes is created to read:
4764	4764	118.78 (title) Required disclosures.
4765	4765	SECTION 216. 118.78 (1) (intro.) of the statutes is created to read:
4766	4766	118.78 (1) DISCLOSURES TO APPLICANTS. (intro.) Each participating private
4767	4767	school and each school that has submitted a notice of intent to participate in the
4768	4768	choice program under s. 118.73 shall provide each pupil, or the parent of each minor
4769	4769	pupil, who applies to attend the private school all of the following:
4770	4770	SECTION 217. 118.79 (title) of the statutes is created to read:
4771	4771	118.79 (title) Instructional requirements and academic standards;
4772	4772	participating private schools.
4773	4773	SECTION 218. 118.79 (5) of the statutes is created to read:
4774	4774	118.79 (5) VIRTUAL INSTRUCTION. Beginning in the 2025-26 school year, if a
4775	4775	participating private school offers virtual instruction to pupils, the participating
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4802	4802	SECTION 218 ASSEMBLY BILL 1042
4803	4803	private school shall ensure that a teacher is responsible for all of the following for
4804	4804	each pupil receiving the virtual instruction:
4805	4805	(a) Improving learning by planned instruction.
4806	4806	(b) Diagnosing learning needs.
4807	4807	(c) Prescribing content delivery through class activities.
4808	4808	(d) Assessing learning.
4809	4809	(e) Reporting outcomes to administrators and parents.
4810	4810	(f) Evaluating the effects of instruction.
4811	4811	SECTION 219. 118.80 (title) of the statutes is created to read:
4812	4812	118.80 (title) Participating private schools; general requirements.
4813	4813	SECTION 220. 118.80 (4) (a) and (b) of the statutes are created to read:
4814	4814	118.80 (4) (a) The participating private school maintains a website for the
4815	4815	participating private school.
4816	4816	(b) The participating private school is included in the most recent
4817	4817	accountability report under s. 115.385.
4818	4818	SECTION 221. 118.80 (9) (title) of the statutes is created to read:
4819	4819	118.80 (9) (title) STUDENT RECORDS.
4820	4820	SECTION 222. 118.80 (9) (d) 2. of the statutes is created to read:
4821	4821	118.80 (9) (d) 2. The private school shall send written notice to each pupil, or
4822	4822	to the parent of a minor pupil, of the transfer of progress records under this
4823	4823	paragraph.
4824	4824	SECTION 223. 118.81 (title) of the statutes is created to read:
4825	4825	118.81 (title) School personnel requirements.
4826	4826	SECTION 224. 118.81 (1) (title) of the statutes is created to read:
4827	4827	118.81 (1) (title) TEACHER EDUCATIONAL REQUIREMENTS.
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4855	4855	SECTION 225
4856	4856	ASSEMBLY BILL 1042
4857	4857	SECTION 225. 118.81 (1) (c) of the statutes is created to read:
4858	4858	118.81 (1) (c) An individual employed by a participating private school who
4859	4859	holds a substitute teacher permit issued under s. 118.19 (7m) may teach at the
4860	4860	participating private school as allowed under the substitute teacher permit.
4861	4861	SECTION 226. 118.81 (2) (title) of the statutes is created to read:
4862	4862	118.81 (2) (title) ADMINISTRATOR EDUCATIONAL REQUIREMENTS.
4863	4863	SECTION 227. 118.82 (title) of the statutes is created to read:
4864	4864	118.82 (title) Tuition and fees.
4865	4865	SECTION 228. 118.82 (4) (title) of the statutes is created to read:
4866	4866	118.82 (4) (title) ADDITIONAL FEES.
4867	4867	SECTION 229. 118.83 (title) of the statutes is created to read:
4868	4868	118.83 (title) Financial requirements; participating private schools.
4869	4869	SECTION 230. 118.83 (2) (title) of the statutes is created to read:
4870	4870	118.83 (2) (title) FINANCIAL AUDIT.
4871	4871	SECTION 231. 118.84 (title) of the statutes is created to read:
4872	4872	118.84 (title) Payments and state aid reductions.
4873	4873	SECTION 232. 118.84 (1) of the statutes is created to read:
4874	4874	118.84 (1) PER PUPIL AMOUNT. (a) In the 2024-25 school year, upon receipt from
4875	4875	the pupil's parent of proof of the pupil's enrollment in the participating private school
4876	4876	during a school term, the state superintendent shall pay to the participating private
4877	4877	school in which the pupil is enrolled on behalf of the pupil's parent, from the
4878	4878	appropriation under s. 20.255 (2) (fr), an amount of $10,237, if the pupil is enrolled
4879	4879	in a grade from kindergarten to 8, or of $12,731, if the pupil is enrolled in a grade from
4880	4880	9 to 12.
4881	4881	SECTION 233. 118.84 (2) (title) of the statutes is created to read:
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4908	4908	SECTION 233 ASSEMBLY BILL 1042
4909	4909	118.84 (2) (title) SUMMER SCHOOL PAYMENT.
4910	4910	SECTION 234. 118.84 (4) (title) of the statutes is created to read:
4911	4911	118.84 (4) (title) STATE AID REDUCTION.
4912	4912	SECTION 235. 118.84 (4) (a) 1. of the statutes is created to read:
4913	4913	118.84 (4) (a) 1. The pupil is a Racine pupil or a Wisconsin pupil.
4914	4914	SECTION 236. 118.84 (7) of the statutes is created to read:
4915	4915	118.84 (7) ENROLLMENT ATTESTATION REPORTS. Beginning in the 2025-26 school
4916	4916	year, a participating private school shall engage an independent auditor to complete
4917	4917	an enrollment attestation report for the September count date and for the January
4918	4918	count date. An independent auditor completing an enrollment attestation report
4919	4919	under this subsection shall comply with the attestation standards established by the
4920	4920	American Institute of Certified Public Accountants. Each enrollment attestation
4921	4921	report shall identify at least all of the following:
4922	4922	(a) Pupils who were not eligible for a payment under this section but for whom
4923	4923	the participating private school received a payment under this section.
4924	4924	(b) Pupils who have incorrect data in the department's database who are
4925	4925	attending the participating private school under the choice program.
4926	4926	(c) Pupils attending the participating private school under the choice program
4927	4927	for whom the participating private school did not receive a payment under this
4928	4928	section.
4929	4929	SECTION 237. 118.85 (title) and (3) (title) of the statutes are created to read:
4930	4930	118.85 (title) Penalties for private schools. (3) (title) ACCREDITATION.
4931	4931	SECTION 238. 118.87 (6) of the statutes is created to read:
4932	4932	118.87 (6) ALTERNATIVE COUNT DATE. If pupils enrolled in a participating private
4933	4933	school will not be in attendance at the participating private school on the 3rd Friday
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4961	4961	SECTION 238
4962	4962	ASSEMBLY BILL 1042
4963	4963	in September or the 2nd Friday in January because of a regularly scheduled holiday
4964	4964	or for a reason approved by the governing body of the participating private school,
4965	4965	upon request from the participating private school, designate an alternative count
4966	4966	date.
4967	4967	SECTION 239. 119.23 of the statutes, as affected by 2023 Wisconsin Act .... (this
4968	4968	act), is repealed.
4969	4969	SECTION 240. 119.23 (2) (a) 3. of the statutes is amended to read:
4970	4970	119.23 (2) (a) 3. Except as provided in par. (ag) 1., the The private school
4971	4971	notified the state superintendent of its intent to participate in the program under
4972	4972	this section or in the program under s. 118.60, and paid the nonrefundable annual
4973	4973	fee set by the department, by January 10 of the previous school year. The notice shall
4974	4974	specify the number of pupils participating in the program under this section and in
4975	4975	the program under s. 118.60 for which the school has space. The department shall
4976	4976	by rule set the fee charged under this subdivision at an amount such that the total
4977	4977	fee revenue covers the costs of employing one full-time auditor to evaluate the
4978	4978	financial information submitted by private schools under subs. (7) (am) and (d) 3. and
4979	4979	(7m) (a) 2. and under s. 118.60 (7) (am) and (d) 3. and (7m) (a) 2.
4980	4980	SECTION 241. 119.23 (2) (ag) 1. (intro.) and a. of the statutes are consolidated,
4981	4981	renumbered 119.23 (2) (ag) 1. and amended to read:
4982	4982	119.23 (2) (ag) 1. By the first weekday in August 1 of the school year
4983	4983	immediately preceding the school year in which the new private school intends to
4984	4984	participate in the program under this section, complete and submit to the
4985	4985	department the following, on forms provided by the department: a. A , a notice of
4986	4986	intent to participate and agreement to comply with procedural requirements. If, at
4987	4987	the time the new private school submits the information required under this
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5014	5014	SECTION 241 ASSEMBLY BILL 1042
5015	5015	subdivision, the new private school does not have a physical property within which
5016	5016	the private school intends to operate, submit a mailing address of an administrator
5017	5017	of the private school.
5018	5018	SECTION 242. 119.23 (2) (ag) 1. b. and c. of the statutes are repealed.
5019	5019	SECTION 243. 119.23 (2) (ag) 2. a. of the statutes is amended to read:
5020	5020	119.23 (2) (ag) 2. a. By August 1 the 3rd Monday in October of the school year
5021	5021	immediately preceding the school year in which the new private school intends to
5022	5022	participate in the program under this section, submit to the department the
5023	5023	information under sub. (6p) (a) and (b).
5024	5024	SECTION 244. 119.23 (2) (ag) 2. b. of the statutes is repealed.
5025	5025	SECTION 245. 119.23 (2) (ag) 2. c. of the statutes is created to read:
5026	5026	119.23 (2) (ag) 2. c. By the 3rd Monday in October of the school year
5027	5027	immediately preceding the school year in which the new private school intends to
5028	5028	participate in the program under this section, provide a surety bond payable to the
5029	5029	state in an amount equal to the greater of $25,000 or 25 percent of the total payment
5030	5030	the new private school expects to receive under the program under this section
5031	5031	during its first school year participating in the program on the basis of the
5032	5032	information submitted under subd. 1.
5033	5033	SECTION 246. 119.23 (2) (ag) 4. of the statutes is amended to read:
5034	5034	119.23 (2) (ag) 4. Notwithstanding the deadline to obtain preaccreditation
5035	5035	under par. (a) 7. bg., by December 15 the 3rd Monday in October of the school year
5036	5036	immediately preceding the school year in which the new private school intends to
5037	5037	participate in the program under this section, obtain preaccreditation from a
5038	5038	preaccrediting entity.
5039	5039	SECTION 247. 119.23 (2) (ar) of the statutes is amended to read:
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5067	5067	SECTION 247
5068	5068	ASSEMBLY BILL 1042
5069	5069	119.23 (2) (ar) By the first weekday in December 31 of the school year
5070	5070	immediately preceding the school year in which a new private school intends to
5071	5071	participate in the program under this section, the department shall notify the new
5072	5072	private school in writing whether it has satisfied those requirements under par. (ag)
5073	5073	that must be satisfied before December 31. If the department determines that the
5074	5074	new private school has not satisfied those requirements, the new private school may
5075	5075	not participate in the program under this section in the following school year, but
5076	5076	may reinitiate the process under par. (ag) for the next following school year.
5077	5077	SECTION 248. 119.33 (2) (b) 3. c. of the statutes is amended to read:
5078	5078	119.33 (2) (b) 3. c. The governing body of a nonsectarian private school
5079	5079	participating in a the private school choice program under s. 118.60 or 119.23. The
5080	5080	superintendent of schools may proceed under this subd. 3. c. only if one of the
5081	5081	following applies: the performance on the most recent examinations administered
5082	5082	under s. 118.30 (1s) or (1t) of pupils attending a school operated by the governing
5083	5083	body exceeds the performance on the most recent examinations administered under
5084	5084	s. 118.30 (1) of pupils attending the school being transferred to the governing body
5085	5085	under this subdivision; or, in each of the 3 preceding consecutive accountability
5086	5086	reports published under s. 115.385 (1), the performance category assigned to a school
5087	5087	operated by the governing body exceeds the performance category assigned to the
5088	5088	school being transferred to the governing body under this subdivision. If fewer than
5089	5089	3 accountability reports have been published for a private school described in this
5090	5090	subd. 3. c., the superintendent of schools shall determine an alternative method for
5091	5091	comparing the school's performance.
5092	5092	SECTION 249. 119.46 (1) of the statutes is amended to read:
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5118	5118	SECTION 249 ASSEMBLY BILL 1042
5119	5119	119.46 (1) As part of the budget transmitted annually to the common council
5120	5120	under s. 119.16 (8) (b), the board shall report the amount of money required for the
5121	5121	ensuing school year to operate all public schools in the city under this chapter,
5122	5122	including the schools transferred to the superintendent of schools opportunity
5123	5123	schools and partnership program under s. 119.33 and to the opportunity schools and
5124	5124	partnership program under subch. II, to repair and keep in order school buildings
5125	5125	and equipment, including school buildings and equipment transferred to the
5126	5126	superintendent of schools opportunity schools and partnership program under s.
5127	5127	119.33 and to the opportunity schools and partnership program under subch. II, to
5128	5128	make material improvements to school property, and to purchase necessary
5129	5129	additions to school sites. The report shall specify the amount of net proceeds from
5130	5130	the sale or lease of city-owned property used for school purposes deposited in the
5131	5131	immediately preceding school year into the school operations fund as specified under
5132	5132	s. 119.60 (2m) (c) or (5) and the net proceeds from the sale of an eligible school
5133	5133	building deposited in the immediately preceding school year into the school
5134	5134	operations fund as specified under s. 119.61 (5). The amount included in the report
5135	5135	for the purpose of supporting the pupils who reside in Milwaukee Parental Choice
5136	5136	Program under s. 119.23 participating in the private school choice program shall be
5137	5137	reduced by the amount of aid received by the board under s. 121.136 and by the
5138	5138	amount specified in the notice received by the board under s. 121.137 (2). The
5139	5139	common council shall levy and collect a tax upon all the property subject to taxation
5140	5140	in the city, which shall be equal to the amount of money required by the board for the
5141	5141	purposes set forth in this subsection, at the same time and in the same manner as
5142	5142	other taxes are levied and collected. Such taxes shall be in addition to all other taxes
5143	5143	which the city is authorized to levy. The taxes so levied and collected, any other funds
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5171	5171	SECTION 249
5172	5172	ASSEMBLY BILL 1042
5173	5173	provided by law and placed at the disposal of the city for the same purposes, and the
5174	5174	moneys deposited in the school operations fund under ss. 119.60 (1), (2m) (c), and (5)
5175	5175	and 119.61 (5) shall constitute the school operations fund.
5176	5176	SECTION 250. 119.9002 (2) (d) 3. (intro.) of the statutes is amended to read:
5177	5177	119.9002 (2) (d) 3. (intro.) The governing body of a nonsectarian private school
5178	5178	participating in a the private school choice program under s. 118.60 or 119.23. The
5179	5179	commissioner may proceed under this subdivision only if one of the following applies:
5180	5180	SECTION 251. 121.07 (2) (b) of the statutes is amended to read:
5181	5181	121.07 (2) (b) The number of pupils residing in the school district in the
5182	5182	previous school year who were incoming choice pupils, as defined in s. 118.60 (4d) (a)
5183	5183	118.84 (4) (a), and for whom a payment was made under s. 118.60 (4) (bg) 118.84 (1)
5184	5184	in the previous school year.
5185	5185	SECTION 252. 121.08 (4) (b) (intro.) and 2. of the statutes are consolidated,
5186	5186	renumbered 121.08 (4) (b) and amended to read:
5187	5187	121.08 (4) (b) The amount of state aid that the school district operating under
5188	5188	ch. 119 is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall be
5189	5189	reduced by the amount calculated as follows: 2. Multiply the amounts paid under s.
5190	5190	119.23 (4) and (4m) in the 2009-10 school year by 3.4 percent, and multiply by
5191	5191	multiplying the amounts paid under s. 119.23 (4) and (4m) in the 2010-11 school year
5192	5192	and 118.84 (1) and (2) for Milwaukee pupils, as defined in s. 118.70 (9), in each school
5193	5193	year thereafter by 6.6 percent.
5194	5194	SECTION 253. 121.08 (4) (b) 1. and 3. of the statutes are repealed.
5195	5195	SECTION 254. 121.085 of the statutes is amended to read:
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5220	5220	SECTION 254 ASSEMBLY BILL 1042
5221	5221	121.085 State aid; other reductions. (1) The department shall make state
5222	5222	aid adjustments under s. 118.51 (16) and (17) before making a reduction under s.
5223	5223	115.7915 (4m) (f), 118.40 (2r) (g) or (2x) (f), or 118.60 (4d) (b) 118.84 (4) (b).
5224	5224	(2) For purposes of ss. 115.7915 (4m) (f) 2., 118.40 (2r) (g) 2. and (2x) (f) 2., and
5225	5225	118.60 (4d) (b) 2. 118.84 (4) (b) 2., a school district's aid under s. 121.08 is insufficient
5226	5226	to cover a reduction if, after making state aid adjustments under s. 118.51 (16) and
5227	5227	(17), the amount of the school district's aid under s. 121.08 is insufficient to cover all
5228	5228	of the reductions under ss. 115.7915 (4m) (f) 1., 118.40 (2r) (g) 1. and (2x) (f) 1., and
5229	5229	118.60 (4d) (b) 1. 118.84 (4) (b) 1.
5230	5230	(3) The state superintendent shall ensure that the aid reductions under ss.
5231	5231	115.7915 (4m) (f) 1., 118.40 (2r) (g) 1. and (2x) (f) 1., and 118.60 (4d) (b) 1. 118.84 (4)
5232	5232	(b) 1. lapse to the general fund.
5233	5233	SECTION 255. 121.137 (2) of the statutes is amended to read:
5234	5234	121.137 (2) Annually, the department shall calculate the amount of the state
5235	5235	aid reduction under s. 121.08 (4) (b) 2. in the current school year and shall notify the
5236	5236	board, in writing, of the result.
5237	5237	SECTION 256. 121.91 (2m) (c) 1. of the statutes is amended to read:
5238	5238	121.91 (2m) (c) 1. Divide the sum of the amount of state aid received in the
5239	5239	previous school year and property taxes levied for the previous school year, excluding
5240	5240	funds described under sub. (4) (c), by a number calculated by adding the number of
5241	5241	pupils enrolled in the 3 previous school years, subtracting from that total the number
5242	5242	of pupils attending private schools under s. 119.23, 2023 stats., in the 4th, 3rd and
5243	5243	2nd preceding school years, and dividing the remainder by 3.
5244	5244	SECTION 257. 121.91 (2m) (c) 4. of the statutes is amended to read:
5245	5245	1
5246	5246	2
5247	5247	3
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5268	5268	24 - 103 -2023 - 2024 Legislature
5269	5269	LRB-5304/1
5270	5270	FFK:emw&wlj
5271	5271	SECTION 257
5272	5272	ASSEMBLY BILL 1042
5273	5273	121.91 (2m) (c) 4. Multiply the result under subd. 3. by a number calculated
5274	5274	by adding the number of pupils enrolled in the current and the 2 preceding school
5275	5275	years, subtracting from that total the number of pupils attending private schools
5276	5276	under s. 119.23, 2023 stats., in the 3 previous school years, and dividing the
5277	5277	remainder by 3.
5278	5278	SECTION 258. 121.91 (2m) (d) 1. of the statutes is amended to read:
5279	5279	121.91 (2m) (d) 1. Divide the sum of the amount of state aid received in the
5280	5280	previous school year and property taxes levied for the previous school year, excluding
5281	5281	funds described under sub. (4) (c), by a number calculated by adding the number of
5282	5282	pupils enrolled in the 3 previous school years, subtracting from that total the number
5283	5283	of pupils attending charter schools under s. 118.40 (2r) and private schools under s.
5284	5284	119.23, 2023 stats., in the 4th, 3rd and 2nd preceding school years and dividing the
5285	5285	remainder by 3.
5286	5286	SECTION 259. 121.91 (2m) (d) 4. of the statutes is amended to read:
5287	5287	121.91 (2m) (d) 4. Multiply the result under subd. 3. by a number calculated
5288	5288	by adding the number of pupils enrolled in the current and the 2 preceding school
5289	5289	years, subtracting from that total the number of pupils attending charter schools
5290	5290	under s. 118.40 (2r) and private schools under s. 119.23, 2023 stats., in the 3 previous
5291	5291	school years and dividing the remainder by 3.
5292	5292	SECTION 260. 121.91 (4) (n) 1. of the statutes is amended to read:
5293	5293	121.91 (4) (n) 1. The limit otherwise applicable to a school district under sub.
5294	5294	(2m) in any school year is increased by an amount equal to the amount determined
5295	5295	for that school district under ss. 115.7915 (4m) (f) and 118.60 (4d) (b) 1. 118.84 (4) (b)
5296	5296	1.
5297	5297	SECTION 261. 146.89 (1) (d) 2. of the statutes is amended to read:
5298	5298	1
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5322	5322	25 - 104 -2023 - 2024 Legislature LRB-5304/1
5323	5323	FFK:emw&wlj
5324	5324	SECTION 261 ASSEMBLY BILL 1042
5325	5325	146.89 (1) (d) 2. A private school, as defined in s. 115.001 (3r), that participates
5326	5326	in the private school choice program under s. 118.60 or the Milwaukee Parental
5327	5327	Choice Program under s. 119.23, as defined in s. 115.001 (3t), or that, pursuant to s.
5328	5328	115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and
5329	5329	general management of a school transferred to an opportunity schools and
5330	5330	partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119.
5331	5331	SECTION 262. 146.89 (1) (g) 3. of the statutes is amended to read:
5332	5332	146.89 (1) (g) 3. A private school, as defined in s. 115.001 (3r), that participates
5333	5333	in the private school choice program under s. 118.60 or the Milwaukee Parental
5334	5334	Choice Program under s. 119.23, as defined in s. 115.001 (3t).
5335	5335	SECTION 263. 938.49 (2) (b) of the statutes is amended to read:
5336	5336	938.49 (2) (b) Notify the juvenile's last school district or, if the juvenile was last
5337	5337	enrolled in a private school participating in the private school choice program under
5338	5338	s. 118.60 or in the program under s. 119.23, as defined in s. 115.001 (3t), or, pursuant
5339	5339	to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), in a school under the operation
5340	5340	and general management of the governing body of a private school, the private school
5341	5341	or the governing body of a private school, in writing of its obligation under s. 118.125
5342	5342	(4).
5343	5343	SECTION 264. 938.78 (2) (L) of the statutes is repealed.
5344	5344	SECTION 265.0Nonstatutory provisions.
5345	5345	(1) NEW SCHOOLS; FIRST PARTICIPATING IN 2025-26 SCHOOL YEAR. If a new private
5346	5346	school, as defined in s. 118.60 (1) (bn) or 119.23 (1) (ai), that applies to first participate
5347	5347	in the program under s. 118.60 or 119.23 in the 2025-26 school year selects to provide
5348	5348	a surety bond under s. 118.60 (7m) or 119.23 (7m), the new private school shall, by
5349	5349	May 1, 2025, provide an updated surety bond if all of the following apply:
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5374	5374	25 - 105 -2023 - 2024 Legislature
5375	5375	LRB-5304/1
5376	5376	FFK:emw&wlj
5377	5377	SECTION 265
5378	5378	ASSEMBLY BILL 1042
5379	5379	(a) The total payments the new private school expects to receive on the basis
5380	5380	of the intent to participate provided under s. 118.60 (2) (a) 3. a. or 119.23 (2) (a) 3.
5381	5381	exceeds the total expected choice program payments on the basis of the form provided
5382	5382	under s. 118.60 (2) (ag) 2. c. or 119.23 (2) (ag) 2. c. by at least $50,000.
5383	5383	(b) The amount of the required surety bond based on the intent to participate
5384	5384	that the new private school provided to the department of public instruction under
5385	5385	s. 118.60 (2) (a) 3. a. or 119.23 (2) (a) 3. is more than $25,000.
5386	5386	(2) INTENT TO PARTICIPATE IN THE 2025-26 SCHOOL YEAR; VIRTUAL INSTRUCTION. A
5387	5387	private school that notifies the department of public instruction during the 2024-25
5388	5388	school year of its intent to participate in a program under s. 115.7915, 118.60, or
5389	5389	119.23 in the 2025-26 school year shall include all of the following in the notice of
5390	5390	intent to participate:
5391	5391	(a) Whether or not the private school intends to offer virtual instruction in the
5392	5392	2025-26 school year.
5393	5393	(b) If the private school intends to offer virtual instruction in the 2025-26
5394	5394	school year, the amount and type of virtual instruction the private school intends to
5395	5395	offer.
5396	5396	(3) PRIVATE SCHOOL CHOICE PROGRAMS DURING THE 2025-26 SCHOOL YEAR. During
5397	5397	the 2025-26 school year, the department of public instruction shall administer the
5398	5398	choice program, as defined in s. 118.70 (3), as the Milwaukee Parental Choice
5399	5399	Program, the Racine Parental Choice Program, and the Wisconsin Parental Choice
5400	5400	Program, as indicated by the notices of intent to participate in the 2025-26 school
5401	5401	year received by the department during the 2024-25 school year.
5402	5402	(4) PUPIL ASSESSMENTS EXEMPTION; 2025-26 SCHOOL YEAR. Notwithstanding s.
5403	5403	118.30 (1t), a private school participating in the choice program, as defined in s.
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5428	5428	25 - 106 -2023 - 2024 Legislature LRB-5304/1
5429	5429	FFK:emw&wlj
5430	5430	SECTION 265 ASSEMBLY BILL 1042
5431	5431	118.70 (3), at which fewer than 20 Milwaukee pupils, as defined in s. 118.70 (9), in
5432	5432	grades 3 to 12 are attending under the choice program, is not required to administer
5433	5433	the examinations required under s. 118.30 (1t). Notwithstanding s. 118.30 (1t), a
5434	5434	private school participating in the choice program, as defined in s. 118.70 (3), at
5435	5435	which fewer than a total of 20 Racine pupils, as defined in s. 118.70 (16), and
5436	5436	Wisconsin pupils, as defined in s. 118.70 (20), in grades 3 to 12 are attending under
5437	5437	the choice program, is not required to administer the examinations required under
5438	5438	s. 118.30 (1t).
5439	5439	(5) CERTIFICATE OF OCCUPANCY REQUIREMENTS; 2025-26 SCHOOL YEAR.
5440	5440	Notwithstanding s. 118.75 (3), (4), and (5), in the 2025-26 school year, a private
5441	5441	school participating in the Milwaukee Parental Choice Program under s. 119.23,
5442	5442	2023 stats., shall comply with s. 119.23 (7) (d) 1. b., 2023 stats., and a private school
5443	5443	participating in a program under s. 118.60, 2023 stats., shall comply with s. 118.60
5444	5444	(7) (d) 1. b., 2023 stats.
5445	5445	(6) FIRST TIME PRIVATE SCHOOL PARTICIPANTS; 2025-26 SCHOOL YEAR.
5446	5446	Notwithstanding s. 118.76 (5) and (6), a private school that first participates in the
5447	5447	choice program, as defined in s. 118.70 (3), in the 2025-26 school year shall comply
5448	5448	with the requirements under s. 118.76 (5) and (6) (b) by no later than August 1, 2025.
5449	5449	(7) COMBINED PRIVATE SCHOOLS. For purposes of s. 118.73 (2), a private school
5450	5450	that submitted to the department of public instruction a notice of intent to
5451	5451	participate only in the Milwaukee Parental Choice Program in the 2025-26 school
5452	5452	year and participated only in the part of the choice program, as defined in s. 118.70
5453	5453	(3), administered by the department of public instruction as the Milwaukee Parental
5454	5454	Choice Program in the 2025-26 school year is not considered to have participated in
5455	5455	the choice program, as defined in s. 118.70 (3), in the 2025-26 school year.
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5480	5480	25 - 107 -2023 - 2024 Legislature
5481	5481	LRB-5304/1
5482	5482	FFK:emw&wlj
5483	5483	SECTION 265
5484	5484	ASSEMBLY BILL 1042
5485	5485	(8) PRIVATE SCHOOL CHOICE PROGRAM; POSITIONS. The authorized FTE positions
5486	5486	for the department of public instruction are increased by 2.0 GPR positions, to be
5487	5487	funded from the appropriation under s. 20.255 (1) (a).
5488	5488	(9) EMERGENCY RULES; PRIVATE SCHOOL CHOICE PROGRAM. Using the procedure
5489	5489	under s. 227.24, the department of public instruction shall promulgate the rules
5490	5490	required under subch. II of ch. 118 for the period before the effective date of the
5491	5491	permanent rules promulgated under subch. II of ch. 118, but not to exceed the period
5492	5492	authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2).
5493	5493	Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of public
5494	5494	instruction is not required to provide evidence that promulgating a rule under this
5495	5495	subsection as an emergency rule is necessary for the preservation of the public peace,
5496	5496	health, safety, or welfare and is not required to provide a finding of emergency for a
5497	5497	rule promulgated under this subsection.
5498	5498	(10) EMERGENCY RULES; SPECIAL NEEDS SCHOLARSHIP PROGRAM. Using the
5499	5499	procedure under s. 227.24, the department of public instruction shall promulgate the
5500	5500	rules required under s. 115.7915 for the period before the effective date of the
5501	5501	permanent rules promulgated under s. 115.7915, but not to exceed the period
5502	5502	authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2).
5503	5503	Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of public
5504	5504	instruction is not required to provide evidence that promulgating a rule under this
5505	5505	subsection as an emergency rule is necessary for the preservation of the public peace,
5506	5506	health, safety, or welfare and is not required to provide a finding of emergency for a
5507	5507	rule promulgated under this subsection.
5508	5508	SECTION 266.0Initial applicability.
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5532	5532	24 - 108 -2023 - 2024 Legislature LRB-5304/1
5533	5533	FFK:emw&wlj
5534	5534	SECTION 266 ASSEMBLY BILL 1042
5535	5535	(1) PUPIL APPLICATIONS. Section 118.72, as affected by this act, first applies to
5536	5536	pupil applications to attend a participating private school under the choice program,
5537	5537	as defined in s. 118.70 (3), in the 2026-27 school year.
5538	5538	(2) PRIVATE SCHOOL ELIGIBILITY. Section 118.73, as affected by this act, first
5539	5539	applies to a private school that intends to participate in the choice program, as
5540	5540	defined in s. 118.70 (3), in the 2026-27 school year.
5541	5541	(3) CERTIFICATE OF OCCUPANCY. Section 118.75 (3), as affected by this act, first
5542	5542	applies to a private school that first participates in the choice program, as defined
5543	5543	in s. 118.70 (3), in the 2026-27 school year. Section 118.75 (4), as affected by this act,
5544	5544	first applies to a participating private school that moves its location during the
5545	5545	2026-27 school year.
5546	5546	SECTION 267.0Effective dates. This act takes effect on July 1, 2025, except as
5547	5547	follows:
5548	5548	(1) The treatment of ss. 118.60 (2) (a) 3. a. (by SECTION 89), (ag) 1. (intro.) and
5549	5549	a. (by SECTION 101), b., and c., 2. a. (by SECTION 104), b., and c. (by SECTION 107), and
5550	5550	4. (by SECTION 109), and (ar) (by SECTION 112) and 119.23 (2) (a) 3. (by SECTION 240),
5551	5551	(ag) 1. (intro.) and a. (by SECTION 241) and b. and c. (by SECTION 242), 2. a. (by SECTION
5552	5552	243), b. (by SECTION 244), and c. (by SECTION 245), and 4. (by SECTION 246), and (ar)
5553	5553	(by SECTION 247) and SECTION 265 (1), (2), (8), (9), and (10) of this act take effect on
5554	5554	the day after publication.
5555	5555	(END)
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