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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 533
October 18, 2023 - Introduced by Representatives SHELTON, CLANCY, HONG, C.
ANDERSON, CONSIDINE, J. ANDERSON, BALDEH, JOERS, NEUBAUER, RATCLIFF,
SINICKI and SUBECK, cosponsored by Senators LARSON, SMITH, ROYS,
HESSELBEIN, AGARD and SPREITZER. Referred to Committee on Education.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 118.60 (3) (ar) 3. and 118.60 (3) (ar) 4.; to
amend 115.7915 (2) (intro.), 118.60 (2) (a) (intro.), 118.60 (2) (a) 2. g., 118.60 (2)
(be) 3., 118.60 (3) (a) (intro.), 118.60 (3) (ar) (intro.), 118.60 (3) (ar) 5., 118.60 (3)
(b), 118.60 (3) (c), 118.60 (4v) (b), 119.23 (2) (a) (intro.), 119.23 (3) (a) (intro.),
119.23 (3) (b) and 119.23 (4v) (b); and to create 115.7915 (11), 118.60 (2) (bh),
118.60 (3) (am), 118.60 (3) (ar) 3. a. and b., 118.60 (3) (ar) 4. a. and b., 118.60 (4v)
(c) and (d), 119.23 (2) (b), 119.23 (3) (ar) and 119.23 (4v) (c), (d) and (e) of the
statutes; relating to: phasing out the Special Needs Scholarship Program and
limiting enrollment in parental choice programs.
Analysis by the Legislative Reference Bureau
This bill phases out the Special Needs Scholarship Program and caps the total
number of pupils who may participate in a parental choice program.
Under current law, a child with a disability who meets certain eligibility criteria
may receive a scholarship to attend a private school participating in the SNSP. The
bill provides that, beginning in the 2024-25 school year, the Department of Public
Instruction may not provide an SNSP scholarship to a child to attend a private school
unless the child was attending a private school under the SNSP in the 2023-24
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school year. In addition, if the child does not attend a private school under an SNSP
scholarship in any school year after the 2023-24 school year, DPI may not provide
an SNSP scholarship to the child for any subsequent school year.
The bill caps the total number of pupils who may participate in a parental
choice program — the Milwaukee Parental Choice Program, the Racine Parental
Choice Program, or the statewide parental choice program — at the number of pupils
who attended a private school under that parental choice program in the 2023-24
school year. Under the bill, beginning in the 2024-25 school year, if the number of
applications to participate in a parental choice program exceeds the program cap,
DPI must determine which applications to accept on a random basis, subject to
certain admission preferences that exist under current law.
Under current law, pupils may submit applications to attend a private school
under the statewide parental choice program for the following school year from the
first weekday in February to the third Thursday in April, and a private school that
receives applications must, no later than the first weekday in May immediately
following the application period, report the number of applicants to DPI so that DPI
may determine whether a pupil participation limitation has been exceeded. The bill
provides that, beginning with applications for the 2024-25 school year, DPI must
establish one or more application periods during which pupils may submit
applications to attend a private school under the MPCP or RPCP. The bill provides
that a private school that receives applications during an application period must,
no later than 10 days after the application period ends, report the number of
applicants to DPI so that DPI may determine whether a program cap has been
exceeded. The bill does not change the application period for the statewide parental
choice program and requires DPI to use the information required to be reported
under current law to determine whether the program cap for the statewide parental
choice program has been exceeded.
The bill also requires DPI to establish a waiting list for a parental choice
program if the program cap for the parental choice program has been exceeded.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 115.7915 (2) (intro.) of the statutes is amended to read:
115.7915 (2) SCHOLARSHIP REQUIREMENTS. (intro.) Beginning in the 2016-17
school year, the department shall, subject to sub. (11), provide to a child with a
disability a scholarship under sub. (4m) (a) to attend an eligible school if all of the
following apply:
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SECTION 2. 115.7915 (11) of the statutes is created to read:
115.7915 (11) SUNSET. Beginning in the 2024-25 school year, the department
may not provide a scholarship under this section to a child with a disability to attend
a private school unless the child attended a private school under a scholarship under
this section in the 2023-24 school year. If the child does not attend a private school
under a scholarship under this section in any school year after the 2023-24 school
year, the department may not provide a scholarship under this section to the child
for any school year after that school year.
SECTION 3. 118.60 (2) (a) (intro.) of the statutes is amended to read:
118.60 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (bh), any pupil in grades
kindergarten to 12 who resides within in an eligible school district may attend any
private school under this section and, subject to pars. (ag), (ar), (be), (bh), (bm), and
(bs), any pupil in grades kindergarten to 12 who resides in a school district, other
than an eligible school district or a 1st class city school district, may attend any
private school under this section if all of the following apply:
SECTION 4. 118.60 (2) (a) 2. g. of the statutes is amended to read:
118.60 (2) (a) 2. g. If the pupil resides in a school district, other than an eligible
school district or a 1st class city school district, the pupil was on a waiting list under
sub. (3) (am) 4. or (ar) 4. in any previous school year.
SECTION 5. 118.60 (2) (be) 3. of the statutes is amended to read:
118.60 (2) (be) 3. Beginning with the 2026-27 school year, there is no limit on
the number of pupils who may attend private schools the limits under this section
paragraph do not apply.
SECTION 6. 118.60 (2) (bh) of the statutes is created to read:
118.60 (2) (bh) 1. In this paragraph, “program cap” means any of the following:
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a. For an eligible school district, the total number of pupils residing in the
eligible school district who attended a private school under this section in the
2023-24 school year.
b. For all school districts, other than an eligible school district or a 1st class city
school district, the total number of pupils residing in those school districts who
attended a private school under this section in the 2023-24 school year.
2. a. Beginning with the 2024-25 school year, the total number of pupils
residing in an eligible school district who may attend a private school under this
section during a school year may not exceed the program cap under subd. 1. a.
b. Beginning with the 2024-25 school year, the total number of pupils residing
in school districts, other than an eligible school district or a 1st class city school
district, who may attend a private school under this section during a school year may
not exceed the program cap under subd. 1. b.
SECTION 7. 118.60 (3) (a) (intro.) of the statutes is amended to read:
118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit
an application, on a form provided by the state superintendent, to the participating
private school that the pupil wishes to attend. If more than one pupil from the same
family applies to attend the same private school, the pupils may use a single
application. No later than 60 days after the end of the application period during
which an application is received and subject to par. pars. (am) and (ar), the private
school shall notify each applicant, in writing, whether his or her application has been
accepted. If the private school rejects an application, the notice shall include the
reason. Subject to par. pars. (am) and (ar), a private school may reject an applicant
only if it the private school has reached its maximum general capacity or seating
capacity. Except as provided in par. pars. (am) and (ar), the state superintendent
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shall ensure that the private school determines which pupils to accept on a random
basis, except that the private school may give preference to the following in accepting
applications, in the order of preference listed:
SECTION 8. 118.60 (3) (am) of the statutes is created to read:
118.60 (3) (am) All of the following apply to applications to attend a private
school under this section submitted by pupils who reside in an eligible school district:
1. A private school that has submitted a notice of intent to participate under
sub. (2) (a) 3. a. may accept applications for a school year during application periods
determined by the department from pupils who reside in an eligible school district.
For each school year, the department shall establish one or more application periods
under this subdivision, the first of which begins no earlier than February 1 of the
school year before the applicable school year, and the last of which ends no later than
September 14 of the applicable school year.
2. Each private school that received applications under subd. 1. shall report to
the department the number of pupils who applied under subd. 1. to attend the private
school under this section and the names of those applicants who have siblings who
also applied under subd. 1. to attend the private school under this section. The
private school shall submit the report no later than 10 days after each application
period described under subd. 1. during which the private school received
applications.
3. After the end of each application period described under subd. 1., upon
receipt of the information under subd. 2., the department shall determine the sum
of all applicants for pupils residing in an eligible school district. In determining the
sum, the department shall count a pupil who has applied to attend more than one
private school under the program only once. If, after the end of an application period
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described under subd. 1., the sum of all applicants for pupils residing in an eligible
school district exceeds the program cap under sub. (2) (bh) 2. a., the department shall
determine which applications submitted during the application period to accept on
a random basis, except that the department shall give preference to the applications
of pupils described in par. (a) 1m. to 5., in the order of preference listed in that
paragraph.
4. If the sum under subd. 3. exceeds the program cap under sub. (2) (bh) 2. a.,
the department shall establish a waiting list in accordance with the preferences
required under subd. 3.
5. A private school that has accepted a pupil who resides in an eligible school
district under this paragraph shall notify the department whenever the private
school determines that a pupil will not attend the private school under this
paragraph. If, upon receiving notice under this subdivision, the department
determines that the number of pupils attending private schools under this section
falls below the program cap under sub. (2) (bh) 2. a., the department shall fill any
available slot with a pupil selected from the waiting list established under subd. 4.,
if such a waiting list exists.
SECTION 9. 118.60 (3) (ar) (intro.) of the statutes is amended to read:
118.60 (3) (ar) (intro.) All of the following apply to applications to attend a
private school under this section only if the limitation under sub. (2) (be) applies to
the school year for which the application is made submitted by pupils who reside in
a school district, other than an eligible school district or a 1st class city school district:
SECTION 10. 118.60 (3) (ar) 3. of the statutes is renumbered 118.60 (3) (ar) 3.
(intro.) and amended to read:
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118.60 (3) (ar) 3. (intro.) Annually After the end of the application period
described under subd. 1., upon receipt of the information under subd. 2., the
department shall, for each school district, determine the sum of all applicants for
pupils residing in that school district under this paragraph and the sum of all
applicants for pupils residing in all school districts, other than an eligible school
district or a 1st class city school district. In determining the sum those sums, the
department shall count a pupil who has applied to attend more than one private
school under the program only once. After determining the sum of all applicants for
pupils residing in a school district, those sums, if any of the following applies, the
department shall determine which applications to accept on a random basis, except
that the department shall give preference to the applications of pupils described in
par. (a) 1m. to 5., in the order of preference listed in that paragraph.:
SECTION 11. 118.60 (3) (ar) 3. a. and b. of the statutes are created to read:
118.60 (3) (ar) 3. a. The sum of all applicants for pupils residing in a school
district, other than an eligible school district or a 1st class city school district, exceeds
the school district's pupil participation limit under sub. (2) (be).
b. The sum of all applicants for pupils residing in all school districts, other than
an eligible school district or a 1st class city school district, exceeds the program cap
under sub. (2) (bh) 2. b.
SECTION 12. 118.60 (3) (ar) 4. of the statutes is renumbered 118.60 (3) (ar) 4.
(intro.) and amended to read:
118.60 (3) (ar) 4. (intro.) For each school district in which private schools
received applications under subd. 1. that exceeded the school district's pupil
participation limit under sub. (2) (be), the The department shall establish a waiting
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list in accordance with the preferences required under subd. 3. for each of the
following:
SECTION 13. 118.60 (3) (ar) 4. a. and b. of the statutes are created to read:
118.60 (3) (ar) 4. a. A school district, other than an eligible school district or a
1st class city school district, for which the sum described under subd. 3. a. exceeds
the school district's pupil participation limit under sub. (2) (be).
b. All school districts, other than an eligible school district or a 1st class city
school district, if the sum described under subd. 3. b. exceeds the program cap under
sub. (2) (bh) 2. b.
SECTION 14. 118.60 (3) (ar) 5. of the statutes is amended to read:
118.60 (3) (ar) 5. A private school that has accepted a pupil who resides in a
school district, other than an eligible school district or a 1st class city school district,
under this paragraph shall notify the department whenever the private school
determines that a pupil will not attend the private school under this paragraph. If,
upon receiving notice under this subdivision, the department determines that the
number of pupils attending private schools under this section falls below a school
district's pupil participation limit under sub. (2) (be), or below the program cap under
sub. (2) (bh) 2. b., the department shall fill any available slot in that school district
or program with a pupil selected from the school district's applicable waiting list
established under subd. 4., if such a waiting list exists.
SECTION 15. 118.60 (3) (b) of the statutes is amended to read:
118.60 (3) (b) If a participating private school rejects an applicant who resides
within in an eligible school district because the private school has too few available
spaces, the applicant may transfer his or her application to a participating private
school that has space available. An applicant who is rejected under this paragraph
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or an applicant who is on the waiting list under par. (am) 4. may, subject to sub. (2)
(bh) 2. a., be admitted to a private school participating in the program under this
section for the following school year, provided that the applicant continues to reside
within in an eligible school district. The department may not require, in that
following school year, the private school to submit financial information regarding
the applicant or to verify the eligibility of the applicant to participate in the program
under this section on the basis of family income.
SECTION 16. 118.60 (3) (c) of the statutes is amended to read:
118.60 (3) (c) If a participating private school rejects an applicant who resides
in a school district, other than an eligible school district or a 1st class city school
district, because the private school has too few available spaces, the applicant may
transfer his or her application to a participating private school that has space
available. An applicant who is rejected under this paragraph or an applicant who
is on the a waiting list under par. (ar) 4. a. or b. may, subject to sub. (2) (be) and (bh)
2. b., be admitted to a private school participating in the program under this section
for the following school year, provided that the applicant continues to reside in a
school district, other than an eligible school district or a 1st class city school district.
The department may not require, in that following school year, the private school to
submit financial information regarding the applicant or to verify the eligibility of the
applicant to participate in the program under this section on the basis of family
income.
SECTION 17. 118.60 (4v) (b) of the statutes is amended to read:
118.60 (4v) (b) If the department considers a pupil as a resident of an eligible
school district under par. (a) for a school year, the department shall ensure that the
pupil is not counted for that school year for purposes of determining whether a school
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district has exceeded its pupil participation limit under sub. (2) (be) and that the
pupil is not counted for that school year for purposes of determining whether a
program cap under sub. (2) (bh) 2. a. or b. has been exceeded.
SECTION 18. 118.60 (4v) (c) and (d) of the statutes are created to read:
118.60 (4v) (c) The department may consider a pupil enrolled in a private
school participating in the program under this section who satisfies all of the
following as a resident of a school district, other than an eligible school district or a
1st class city school district, who is enrolled in the private school under this section:
1. The pupil was a resident of an eligible school district when the pupil applied
to participate in the program under this section.
2. The pupil accepted a space at a private school participating in the program
under this section as a resident of an eligible school district.
3. The pupil resides in a school district, other than an eligible school district
or a 1st class city school district, on the 3rd Friday in September.
4. The private school the pupil is attending under this section accepts
applications under this section from pupils who reside in school districts, other than
an eligible school district or a 1st class city school district.
(d) If the department considers a pupil as a resident of a school district, other
than an eligible school district or a 1st class city school district, under par. (c) for a
school year, the department shall ensure that the pupil is not counted for that school
year for purposes of determining whether the school district has exceeded its pupil
participation limit under sub. (2) (be) and that the pupil is not counted for that school
year for purposes of determining whether a program cap under sub. (2) (bh) 2. a. or
b. has been exceeded.
SECTION 19. 119.23 (2) (a) (intro.) of the statutes is amended to read:
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119.23 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (b), any pupil in grades
kindergarten to 12 who resides within the city may attend any private school if all
of the following apply:
SECTION 20. 119.23 (2) (b) of the statutes is created to read:
119.23 (2) (b) 1. In this paragraph, “program cap” means the total number of
pupils residing in the city who attended a private school under this section in the
2023-24 school year.
2. Beginning with the 2024-25 school year, the total number of pupils residing
in the city who may attend a private school under this section during a school year
may not exceed the program cap.
SECTION 21. 119.23 (3) (a) (intro.) of the statutes is amended to read:
119.23 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit
an application, on a form provided by the state superintendent, to the participating
private school that the pupil wishes to attend. If more than one pupil from the same
family applies to attend the same private school, the pupils may use a single
application. No later than 60 days after the end of the application period during
which an application is received and subject to par. (ar), the private school shall
notify each applicant, in writing, whether his or her application has been accepted.
If the private school rejects an application, the notice shall include the reason. A
Subject to par. (ar), a private school may reject an applicant only if it the private
school has reached its maximum general capacity or seating capacity. The Except
as provided in par. (ar), the state superintendent shall ensure that the private school
determines which pupils to accept on a random basis, except that the private school
may give preference to the following in accepting applications, in order of preference
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SECTION 22. 119.23 (3) (ar) of the statutes is created to read:
119.23 (3) (ar) All of the following apply to applications to attend a private
school under this section submitted by pupils who reside in the city:
1. A private school that has submitted a notice of intent to participate under
sub. (2) (a) 3. may accept applications for a school year during application periods
determined by the department from pupils who reside in the city. For each school
year, the department shall establish one or more application periods under this
subdivision, the first of which begins no later than February 1 of the school year
before the applicable school year, and the last of which ends no later than September
14 of the applicable school year.
2. Each private school that received applications under subd. 1. shall report to
the department the number of pupils who applied under subd. 1. to attend the private
school under this section and the names of those applicants who have siblings who
also applied under subd. 1. to attend the private school under this section. The
private school shall submit the report no later than 10 days after each application
period described under subd. 1. during which the private school received
applications.
3. After the end of each application period described under subd. 1., upon
receipt of the information under subd. 2., the department shall determine the sum
of all applicants for pupils residing in the city. In determining the sum, the
department shall count a pupil who has applied to attend more than one private
school under the program only once. If, after the end of an application period
described under subd. 1., the sum of all applicants for pupils residing in the city
exceeds the program cap under sub. (2) (b), the department shall determine which
applications submitted during the application period to accept on a random basis,
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except that the department shall give preference to the applications of pupils
described in par. (a) 1. to 5., in the order of preference listed in that paragraph.
4. If the sum under subd. 3. exceeds the program cap under sub. (2) (b), the
department shall establish a waiting list in accordance with the preferences required
under subd. 3.
5. A private school that has accepted a pupil who resides in the city under this
paragraph shall notify the department whenever the private school determines that
a pupil will not attend the private school under this paragraph. If, upon receiving
notice under this subdivision, the department determines that the number of pupils
attending private schools under this section falls below the program cap under sub.
(2) (b), the department shall fill any available slot with a pupil selected from the
waiting list established under subd. 4., if such a waiting list exists.
SECTION 23. 119.23 (3) (b) of the statutes is amended to read:
119.23 (3) (b) If the private school rejects an applicant because it the private
school has too few available spaces, the applicant may transfer his or her application
to a participating private school that has space available. An applicant who is
rejected under this paragraph or an applicant who is on the waiting list under par.
(ar) 4. may, subject to sub. (2) (b), be admitted to a private school participating in the
program under this section for the following school year, provided that the applicant
continues to reside within in the city. The department may not require, in that
following school year, the private school to submit financial information regarding
the applicant or to verify the eligibility of the applicant to participate in the program
under this section on the basis of family income.
SECTION 24. 119.23 (4v) (b) of the statutes is amended to read:
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119.23 (4v) (b) If the department considers a pupil as a resident of the city
under par. (a) for a school year, the department shall ensure that the pupil is not
counted for that school year for purposes of determining whether a school district has
exceeded its pupil participation limit under s. 118.60 (2) (be) and that the pupil is not
counted for that school year for purposes of determining whether a program cap
under sub. (2) (b) or s. 118.60 (2) (bh) 2. a. or b. has been exceeded.
SECTION 25. 119.23 (4v) (c), (d) and (e) of the statutes are created to read:
119.23 (4v) (c) The department may consider a pupil enrolled in a private
school participating in the program under this section who satisfies all of the
following as a resident of a school district, other than a 1st class city school district,
who is enrolled in the private school under this section:
1. The pupil was a resident of the city when the pupil applied to participate in
the program under this section.
2. The pupil accepted a space at a private school participating in the program
under this section as a resident of the city.
3. The pupil resides in a school district, other than a 1st class city school
district, on the 3rd Friday in September.
4. The private school at which the pupil accepted a space under this section is
participating in the program under s. 118.60.
(d) If the department considers a pupil as a resident of an eligible school
district, as defined in s. 118.60 (1) (am), under par. (c) for a school year, the
department shall ensure that the pupil is not counted for that school year for
purposes of determining whether a program cap under sub. (2) (b) or s. 118.60 (2) (bh)
2. a. has been exceeded.
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24 - 15 -2023 - 2024 Legislature
LRB-4371/1
FFK:amn
SECTION 25
ASSEMBLY BILL 533
(e) If the department considers a pupil as a resident of a school district, other
than an eligible school district, as defined in s. 118.60 (1) (am), or a 1st class city
school district, under par. (c) for a school year, the department shall ensure that the
pupil is not counted for that school year for purposes of determining whether the
school district has exceeded its pupil participation limit under s. 118.60 (2) (be) and
that the pupil is not counted for that school year for purposes of determining whether
a program cap under sub. (2) (b) or s. 118.60 (2) (bh) 2. b. has been exceeded.
SECTION 26.0Initial applicability.
(1) PARENTAL CHOICE PROGRAMS; PROGRAM CAPS. The treatment of ss. 118.60 (3)
(am) and (ar) (intro.) and 5. and 119.23 (3) (ar), the renumbering and amendment of
s. 118.60 (3) (ar) 3. and 4., and the creation of s. 118.60 (3) (ar) 3. a. and b. and 4. a.
and b. first apply to an application to attend in a private school under s. 118.60 or
119.23 in the 2024-25 school year.
(2) PARENTAL CHOICE PROGRAMS; TRANSFERRING APPLICANTS BETWEEN PROGRAMS.
The treatment of ss. 118.60 (4v) (b), (c), and (d) and 119.23 (4v) (b), (c), (d), and (e) first
applies to counting pupils for the pupil participation limits under s. 118.60 (2) (be)
and the program caps under ss. 118.60 (2) (bh) 2. a. and b. and 119.23 (2) (b) for the
2024-25 school year.
(END)
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