1 | 1 | | LRB-4371/1 |
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2 | 2 | | FFK:amn |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 533 |
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5 | 5 | | October 18, 2023 - Introduced by Representatives SHELTON, CLANCY, HONG, C. |
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6 | 6 | | ANDERSON, CONSIDINE, J. ANDERSON, BALDEH, JOERS, NEUBAUER, RATCLIFF, |
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7 | 7 | | SINICKI and SUBECK, cosponsored by Senators LARSON, SMITH, ROYS, |
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8 | 8 | | HESSELBEIN, AGARD and SPREITZER. Referred to Committee on Education. |
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9 | 9 | | ***AUTHORS SUBJECT TO CHANGE*** |
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10 | 10 | | AN ACT to renumber and amend 118.60 (3) (ar) 3. and 118.60 (3) (ar) 4.; to |
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11 | 11 | | amend 115.7915 (2) (intro.), 118.60 (2) (a) (intro.), 118.60 (2) (a) 2. g., 118.60 (2) |
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12 | 12 | | (be) 3., 118.60 (3) (a) (intro.), 118.60 (3) (ar) (intro.), 118.60 (3) (ar) 5., 118.60 (3) |
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13 | 13 | | (b), 118.60 (3) (c), 118.60 (4v) (b), 119.23 (2) (a) (intro.), 119.23 (3) (a) (intro.), |
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14 | 14 | | 119.23 (3) (b) and 119.23 (4v) (b); and to create 115.7915 (11), 118.60 (2) (bh), |
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15 | 15 | | 118.60 (3) (am), 118.60 (3) (ar) 3. a. and b., 118.60 (3) (ar) 4. a. and b., 118.60 (4v) |
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16 | 16 | | (c) and (d), 119.23 (2) (b), 119.23 (3) (ar) and 119.23 (4v) (c), (d) and (e) of the |
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17 | 17 | | statutes; relating to: phasing out the Special Needs Scholarship Program and |
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18 | 18 | | limiting enrollment in parental choice programs. |
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19 | 19 | | Analysis by the Legislative Reference Bureau |
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20 | 20 | | This bill phases out the Special Needs Scholarship Program and caps the total |
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21 | 21 | | number of pupils who may participate in a parental choice program. |
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22 | 22 | | Under current law, a child with a disability who meets certain eligibility criteria |
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23 | 23 | | may receive a scholarship to attend a private school participating in the SNSP. The |
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24 | 24 | | bill provides that, beginning in the 2024-25 school year, the Department of Public |
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25 | 25 | | Instruction may not provide an SNSP scholarship to a child to attend a private school |
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26 | 26 | | unless the child was attending a private school under the SNSP in the 2023-24 |
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35 | 35 | | 9 - 2 -2023 - 2024 Legislature LRB-4371/1 |
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36 | 36 | | FFK:amn |
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37 | 37 | | ASSEMBLY BILL 533 |
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38 | 38 | | school year. In addition, if the child does not attend a private school under an SNSP |
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39 | 39 | | scholarship in any school year after the 2023-24 school year, DPI may not provide |
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40 | 40 | | an SNSP scholarship to the child for any subsequent school year. |
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41 | 41 | | The bill caps the total number of pupils who may participate in a parental |
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42 | 42 | | choice program — the Milwaukee Parental Choice Program, the Racine Parental |
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43 | 43 | | Choice Program, or the statewide parental choice program — at the number of pupils |
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44 | 44 | | who attended a private school under that parental choice program in the 2023-24 |
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45 | 45 | | school year. Under the bill, beginning in the 2024-25 school year, if the number of |
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46 | 46 | | applications to participate in a parental choice program exceeds the program cap, |
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47 | 47 | | DPI must determine which applications to accept on a random basis, subject to |
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48 | 48 | | certain admission preferences that exist under current law. |
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49 | 49 | | Under current law, pupils may submit applications to attend a private school |
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50 | 50 | | under the statewide parental choice program for the following school year from the |
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51 | 51 | | first weekday in February to the third Thursday in April, and a private school that |
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52 | 52 | | receives applications must, no later than the first weekday in May immediately |
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53 | 53 | | following the application period, report the number of applicants to DPI so that DPI |
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54 | 54 | | may determine whether a pupil participation limitation has been exceeded. The bill |
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55 | 55 | | provides that, beginning with applications for the 2024-25 school year, DPI must |
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56 | 56 | | establish one or more application periods during which pupils may submit |
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57 | 57 | | applications to attend a private school under the MPCP or RPCP. The bill provides |
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58 | 58 | | that a private school that receives applications during an application period must, |
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59 | 59 | | no later than 10 days after the application period ends, report the number of |
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60 | 60 | | applicants to DPI so that DPI may determine whether a program cap has been |
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61 | 61 | | exceeded. The bill does not change the application period for the statewide parental |
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62 | 62 | | choice program and requires DPI to use the information required to be reported |
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63 | 63 | | under current law to determine whether the program cap for the statewide parental |
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64 | 64 | | choice program has been exceeded. |
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65 | 65 | | The bill also requires DPI to establish a waiting list for a parental choice |
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66 | 66 | | program if the program cap for the parental choice program has been exceeded. |
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67 | 67 | | For further information see the state and local fiscal estimate, which will be |
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68 | 68 | | printed as an appendix to this bill. |
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69 | 69 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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70 | 70 | | enact as follows: |
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71 | 71 | | SECTION 1. 115.7915 (2) (intro.) of the statutes is amended to read: |
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72 | 72 | | 115.7915 (2) SCHOLARSHIP REQUIREMENTS. (intro.) Beginning in the 2016-17 |
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73 | 73 | | school year, the department shall, subject to sub. (11), provide to a child with a |
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74 | 74 | | disability a scholarship under sub. (4m) (a) to attend an eligible school if all of the |
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75 | 75 | | following apply: |
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80 | 80 | | 5 - 3 -2023 - 2024 Legislature |
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81 | 81 | | LRB-4371/1 |
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82 | 82 | | FFK:amn |
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83 | 83 | | SECTION 2 |
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84 | 84 | | ASSEMBLY BILL 533 |
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85 | 85 | | SECTION 2. 115.7915 (11) of the statutes is created to read: |
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86 | 86 | | 115.7915 (11) SUNSET. Beginning in the 2024-25 school year, the department |
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87 | 87 | | may not provide a scholarship under this section to a child with a disability to attend |
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88 | 88 | | a private school unless the child attended a private school under a scholarship under |
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89 | 89 | | this section in the 2023-24 school year. If the child does not attend a private school |
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90 | 90 | | under a scholarship under this section in any school year after the 2023-24 school |
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91 | 91 | | year, the department may not provide a scholarship under this section to the child |
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92 | 92 | | for any school year after that school year. |
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93 | 93 | | SECTION 3. 118.60 (2) (a) (intro.) of the statutes is amended to read: |
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94 | 94 | | 118.60 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (bh), any pupil in grades |
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95 | 95 | | kindergarten to 12 who resides within in an eligible school district may attend any |
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96 | 96 | | private school under this section and, subject to pars. (ag), (ar), (be), (bh), (bm), and |
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97 | 97 | | (bs), any pupil in grades kindergarten to 12 who resides in a school district, other |
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98 | 98 | | than an eligible school district or a 1st class city school district, may attend any |
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99 | 99 | | private school under this section if all of the following apply: |
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100 | 100 | | SECTION 4. 118.60 (2) (a) 2. g. of the statutes is amended to read: |
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101 | 101 | | 118.60 (2) (a) 2. g. If the pupil resides in a school district, other than an eligible |
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102 | 102 | | school district or a 1st class city school district, the pupil was on a waiting list under |
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103 | 103 | | sub. (3) (am) 4. or (ar) 4. in any previous school year. |
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104 | 104 | | SECTION 5. 118.60 (2) (be) 3. of the statutes is amended to read: |
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105 | 105 | | 118.60 (2) (be) 3. Beginning with the 2026-27 school year, there is no limit on |
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106 | 106 | | the number of pupils who may attend private schools the limits under this section |
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107 | 107 | | paragraph do not apply. |
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108 | 108 | | SECTION 6. 118.60 (2) (bh) of the statutes is created to read: |
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109 | 109 | | 118.60 (2) (bh) 1. In this paragraph, “program cap” means any of the following: |
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135 | 135 | | FFK:amn |
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136 | 136 | | SECTION 6 ASSEMBLY BILL 533 |
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137 | 137 | | a. For an eligible school district, the total number of pupils residing in the |
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138 | 138 | | eligible school district who attended a private school under this section in the |
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139 | 139 | | 2023-24 school year. |
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140 | 140 | | b. For all school districts, other than an eligible school district or a 1st class city |
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141 | 141 | | school district, the total number of pupils residing in those school districts who |
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142 | 142 | | attended a private school under this section in the 2023-24 school year. |
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143 | 143 | | 2. a. Beginning with the 2024-25 school year, the total number of pupils |
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144 | 144 | | residing in an eligible school district who may attend a private school under this |
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145 | 145 | | section during a school year may not exceed the program cap under subd. 1. a. |
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146 | 146 | | b. Beginning with the 2024-25 school year, the total number of pupils residing |
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147 | 147 | | in school districts, other than an eligible school district or a 1st class city school |
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148 | 148 | | district, who may attend a private school under this section during a school year may |
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149 | 149 | | not exceed the program cap under subd. 1. b. |
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150 | 150 | | SECTION 7. 118.60 (3) (a) (intro.) of the statutes is amended to read: |
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151 | 151 | | 118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit |
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152 | 152 | | an application, on a form provided by the state superintendent, to the participating |
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153 | 153 | | private school that the pupil wishes to attend. If more than one pupil from the same |
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154 | 154 | | family applies to attend the same private school, the pupils may use a single |
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155 | 155 | | application. No later than 60 days after the end of the application period during |
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156 | 156 | | which an application is received and subject to par. pars. (am) and (ar), the private |
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157 | 157 | | school shall notify each applicant, in writing, whether his or her application has been |
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158 | 158 | | accepted. If the private school rejects an application, the notice shall include the |
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159 | 159 | | reason. Subject to par. pars. (am) and (ar), a private school may reject an applicant |
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160 | 160 | | only if it the private school has reached its maximum general capacity or seating |
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161 | 161 | | capacity. Except as provided in par. pars. (am) and (ar), the state superintendent |
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186 | 186 | | 25 - 5 -2023 - 2024 Legislature |
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187 | 187 | | LRB-4371/1 |
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188 | 188 | | FFK:amn |
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189 | 189 | | SECTION 7 |
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190 | 190 | | ASSEMBLY BILL 533 |
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191 | 191 | | shall ensure that the private school determines which pupils to accept on a random |
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192 | 192 | | basis, except that the private school may give preference to the following in accepting |
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193 | 193 | | applications, in the order of preference listed: |
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194 | 194 | | SECTION 8. 118.60 (3) (am) of the statutes is created to read: |
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195 | 195 | | 118.60 (3) (am) All of the following apply to applications to attend a private |
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196 | 196 | | school under this section submitted by pupils who reside in an eligible school district: |
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197 | 197 | | 1. A private school that has submitted a notice of intent to participate under |
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198 | 198 | | sub. (2) (a) 3. a. may accept applications for a school year during application periods |
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199 | 199 | | determined by the department from pupils who reside in an eligible school district. |
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200 | 200 | | For each school year, the department shall establish one or more application periods |
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201 | 201 | | under this subdivision, the first of which begins no earlier than February 1 of the |
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202 | 202 | | school year before the applicable school year, and the last of which ends no later than |
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203 | 203 | | September 14 of the applicable school year. |
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204 | 204 | | 2. Each private school that received applications under subd. 1. shall report to |
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205 | 205 | | the department the number of pupils who applied under subd. 1. to attend the private |
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206 | 206 | | school under this section and the names of those applicants who have siblings who |
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207 | 207 | | also applied under subd. 1. to attend the private school under this section. The |
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208 | 208 | | private school shall submit the report no later than 10 days after each application |
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209 | 209 | | period described under subd. 1. during which the private school received |
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210 | 210 | | applications. |
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211 | 211 | | 3. After the end of each application period described under subd. 1., upon |
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212 | 212 | | receipt of the information under subd. 2., the department shall determine the sum |
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213 | 213 | | of all applicants for pupils residing in an eligible school district. In determining the |
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214 | 214 | | sum, the department shall count a pupil who has applied to attend more than one |
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215 | 215 | | private school under the program only once. If, after the end of an application period |
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240 | 240 | | 25 - 6 -2023 - 2024 Legislature LRB-4371/1 |
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241 | 241 | | FFK:amn |
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242 | 242 | | SECTION 8 ASSEMBLY BILL 533 |
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243 | 243 | | described under subd. 1., the sum of all applicants for pupils residing in an eligible |
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244 | 244 | | school district exceeds the program cap under sub. (2) (bh) 2. a., the department shall |
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245 | 245 | | determine which applications submitted during the application period to accept on |
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246 | 246 | | a random basis, except that the department shall give preference to the applications |
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247 | 247 | | of pupils described in par. (a) 1m. to 5., in the order of preference listed in that |
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248 | 248 | | paragraph. |
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249 | 249 | | 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (bh) 2. a., |
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250 | 250 | | the department shall establish a waiting list in accordance with the preferences |
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251 | 251 | | required under subd. 3. |
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252 | 252 | | 5. A private school that has accepted a pupil who resides in an eligible school |
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253 | 253 | | district under this paragraph shall notify the department whenever the private |
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254 | 254 | | school determines that a pupil will not attend the private school under this |
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255 | 255 | | paragraph. If, upon receiving notice under this subdivision, the department |
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256 | 256 | | determines that the number of pupils attending private schools under this section |
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257 | 257 | | falls below the program cap under sub. (2) (bh) 2. a., the department shall fill any |
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258 | 258 | | available slot with a pupil selected from the waiting list established under subd. 4., |
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259 | 259 | | if such a waiting list exists. |
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260 | 260 | | SECTION 9. 118.60 (3) (ar) (intro.) of the statutes is amended to read: |
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261 | 261 | | 118.60 (3) (ar) (intro.) All of the following apply to applications to attend a |
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262 | 262 | | private school under this section only if the limitation under sub. (2) (be) applies to |
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263 | 263 | | the school year for which the application is made submitted by pupils who reside in |
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264 | 264 | | a school district, other than an eligible school district or a 1st class city school district: |
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265 | 265 | | SECTION 10. 118.60 (3) (ar) 3. of the statutes is renumbered 118.60 (3) (ar) 3. |
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266 | 266 | | (intro.) and amended to read: |
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290 | 290 | | 24 - 7 -2023 - 2024 Legislature |
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291 | 291 | | LRB-4371/1 |
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292 | 292 | | FFK:amn |
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293 | 293 | | SECTION 10 |
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294 | 294 | | ASSEMBLY BILL 533 |
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295 | 295 | | 118.60 (3) (ar) 3. (intro.) Annually After the end of the application period |
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296 | 296 | | described under subd. 1., upon receipt of the information under subd. 2., the |
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297 | 297 | | department shall, for each school district, determine the sum of all applicants for |
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298 | 298 | | pupils residing in that school district under this paragraph and the sum of all |
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299 | 299 | | applicants for pupils residing in all school districts, other than an eligible school |
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300 | 300 | | district or a 1st class city school district. In determining the sum those sums, the |
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301 | 301 | | department shall count a pupil who has applied to attend more than one private |
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302 | 302 | | school under the program only once. After determining the sum of all applicants for |
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303 | 303 | | pupils residing in a school district, those sums, if any of the following applies, the |
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304 | 304 | | department shall determine which applications to accept on a random basis, except |
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305 | 305 | | that the department shall give preference to the applications of pupils described in |
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306 | 306 | | par. (a) 1m. to 5., in the order of preference listed in that paragraph.: |
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307 | 307 | | SECTION 11. 118.60 (3) (ar) 3. a. and b. of the statutes are created to read: |
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308 | 308 | | 118.60 (3) (ar) 3. a. The sum of all applicants for pupils residing in a school |
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309 | 309 | | district, other than an eligible school district or a 1st class city school district, exceeds |
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310 | 310 | | the school district's pupil participation limit under sub. (2) (be). |
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311 | 311 | | b. The sum of all applicants for pupils residing in all school districts, other than |
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312 | 312 | | an eligible school district or a 1st class city school district, exceeds the program cap |
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313 | 313 | | under sub. (2) (bh) 2. b. |
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314 | 314 | | SECTION 12. 118.60 (3) (ar) 4. of the statutes is renumbered 118.60 (3) (ar) 4. |
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315 | 315 | | (intro.) and amended to read: |
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316 | 316 | | 118.60 (3) (ar) 4. (intro.) For each school district in which private schools |
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317 | 317 | | received applications under subd. 1. that exceeded the school district's pupil |
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318 | 318 | | participation limit under sub. (2) (be), the The department shall establish a waiting |
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342 | 342 | | 24 - 8 -2023 - 2024 Legislature LRB-4371/1 |
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343 | 343 | | FFK:amn |
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344 | 344 | | SECTION 12 ASSEMBLY BILL 533 |
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345 | 345 | | list in accordance with the preferences required under subd. 3. for each of the |
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346 | 346 | | following: |
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347 | 347 | | SECTION 13. 118.60 (3) (ar) 4. a. and b. of the statutes are created to read: |
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348 | 348 | | 118.60 (3) (ar) 4. a. A school district, other than an eligible school district or a |
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349 | 349 | | 1st class city school district, for which the sum described under subd. 3. a. exceeds |
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350 | 350 | | the school district's pupil participation limit under sub. (2) (be). |
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351 | 351 | | b. All school districts, other than an eligible school district or a 1st class city |
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352 | 352 | | school district, if the sum described under subd. 3. b. exceeds the program cap under |
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353 | 353 | | sub. (2) (bh) 2. b. |
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354 | 354 | | SECTION 14. 118.60 (3) (ar) 5. of the statutes is amended to read: |
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355 | 355 | | 118.60 (3) (ar) 5. A private school that has accepted a pupil who resides in a |
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356 | 356 | | school district, other than an eligible school district or a 1st class city school district, |
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357 | 357 | | under this paragraph shall notify the department whenever the private school |
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358 | 358 | | determines that a pupil will not attend the private school under this paragraph. If, |
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359 | 359 | | upon receiving notice under this subdivision, the department determines that the |
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360 | 360 | | number of pupils attending private schools under this section falls below a school |
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361 | 361 | | district's pupil participation limit under sub. (2) (be), or below the program cap under |
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362 | 362 | | sub. (2) (bh) 2. b., the department shall fill any available slot in that school district |
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363 | 363 | | or program with a pupil selected from the school district's applicable waiting list |
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364 | 364 | | established under subd. 4., if such a waiting list exists. |
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365 | 365 | | SECTION 15. 118.60 (3) (b) of the statutes is amended to read: |
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366 | 366 | | 118.60 (3) (b) If a participating private school rejects an applicant who resides |
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367 | 367 | | within in an eligible school district because the private school has too few available |
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368 | 368 | | spaces, the applicant may transfer his or her application to a participating private |
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369 | 369 | | school that has space available. An applicant who is rejected under this paragraph |
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394 | 394 | | 25 - 9 -2023 - 2024 Legislature |
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395 | 395 | | LRB-4371/1 |
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396 | 396 | | FFK:amn |
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397 | 397 | | SECTION 15 |
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398 | 398 | | ASSEMBLY BILL 533 |
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399 | 399 | | or an applicant who is on the waiting list under par. (am) 4. may, subject to sub. (2) |
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400 | 400 | | (bh) 2. a., be admitted to a private school participating in the program under this |
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401 | 401 | | section for the following school year, provided that the applicant continues to reside |
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402 | 402 | | within in an eligible school district. The department may not require, in that |
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403 | 403 | | following school year, the private school to submit financial information regarding |
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404 | 404 | | the applicant or to verify the eligibility of the applicant to participate in the program |
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405 | 405 | | under this section on the basis of family income. |
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406 | 406 | | SECTION 16. 118.60 (3) (c) of the statutes is amended to read: |
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407 | 407 | | 118.60 (3) (c) If a participating private school rejects an applicant who resides |
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408 | 408 | | in a school district, other than an eligible school district or a 1st class city school |
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409 | 409 | | district, because the private school has too few available spaces, the applicant may |
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410 | 410 | | transfer his or her application to a participating private school that has space |
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411 | 411 | | available. An applicant who is rejected under this paragraph or an applicant who |
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412 | 412 | | is on the a waiting list under par. (ar) 4. a. or b. may, subject to sub. (2) (be) and (bh) |
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413 | 413 | | 2. b., be admitted to a private school participating in the program under this section |
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414 | 414 | | for the following school year, provided that the applicant continues to reside in a |
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415 | 415 | | school district, other than an eligible school district or a 1st class city school district. |
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416 | 416 | | The department may not require, in that following school year, the private school to |
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417 | 417 | | submit financial information regarding the applicant or to verify the eligibility of the |
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418 | 418 | | applicant to participate in the program under this section on the basis of family |
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419 | 419 | | income. |
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420 | 420 | | SECTION 17. 118.60 (4v) (b) of the statutes is amended to read: |
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421 | 421 | | 118.60 (4v) (b) If the department considers a pupil as a resident of an eligible |
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422 | 422 | | school district under par. (a) for a school year, the department shall ensure that the |
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423 | 423 | | pupil is not counted for that school year for purposes of determining whether a school |
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448 | 448 | | 25 - 10 -2023 - 2024 Legislature LRB-4371/1 |
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449 | 449 | | FFK:amn |
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450 | 450 | | SECTION 17 ASSEMBLY BILL 533 |
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451 | 451 | | district has exceeded its pupil participation limit under sub. (2) (be) and that the |
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452 | 452 | | pupil is not counted for that school year for purposes of determining whether a |
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453 | 453 | | program cap under sub. (2) (bh) 2. a. or b. has been exceeded. |
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454 | 454 | | SECTION 18. 118.60 (4v) (c) and (d) of the statutes are created to read: |
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455 | 455 | | 118.60 (4v) (c) The department may consider a pupil enrolled in a private |
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456 | 456 | | school participating in the program under this section who satisfies all of the |
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457 | 457 | | following as a resident of a school district, other than an eligible school district or a |
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458 | 458 | | 1st class city school district, who is enrolled in the private school under this section: |
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459 | 459 | | 1. The pupil was a resident of an eligible school district when the pupil applied |
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460 | 460 | | to participate in the program under this section. |
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461 | 461 | | 2. The pupil accepted a space at a private school participating in the program |
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462 | 462 | | under this section as a resident of an eligible school district. |
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463 | 463 | | 3. The pupil resides in a school district, other than an eligible school district |
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464 | 464 | | or a 1st class city school district, on the 3rd Friday in September. |
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465 | 465 | | 4. The private school the pupil is attending under this section accepts |
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466 | 466 | | applications under this section from pupils who reside in school districts, other than |
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467 | 467 | | an eligible school district or a 1st class city school district. |
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468 | 468 | | (d) If the department considers a pupil as a resident of a school district, other |
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469 | 469 | | than an eligible school district or a 1st class city school district, under par. (c) for a |
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470 | 470 | | school year, the department shall ensure that the pupil is not counted for that school |
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471 | 471 | | year for purposes of determining whether the school district has exceeded its pupil |
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472 | 472 | | participation limit under sub. (2) (be) and that the pupil is not counted for that school |
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473 | 473 | | year for purposes of determining whether a program cap under sub. (2) (bh) 2. a. or |
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474 | 474 | | b. has been exceeded. |
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475 | 475 | | SECTION 19. 119.23 (2) (a) (intro.) of the statutes is amended to read: |
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500 | 500 | | 25 - 11 -2023 - 2024 Legislature |
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501 | 501 | | LRB-4371/1 |
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502 | 502 | | FFK:amn |
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503 | 503 | | SECTION 19 |
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504 | 504 | | ASSEMBLY BILL 533 |
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505 | 505 | | 119.23 (2) (a) (intro.) Subject to pars. (ag) and, (ar), and (b), any pupil in grades |
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506 | 506 | | kindergarten to 12 who resides within the city may attend any private school if all |
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507 | 507 | | of the following apply: |
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508 | 508 | | SECTION 20. 119.23 (2) (b) of the statutes is created to read: |
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509 | 509 | | 119.23 (2) (b) 1. In this paragraph, “program cap” means the total number of |
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510 | 510 | | pupils residing in the city who attended a private school under this section in the |
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511 | 511 | | 2023-24 school year. |
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512 | 512 | | 2. Beginning with the 2024-25 school year, the total number of pupils residing |
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513 | 513 | | in the city who may attend a private school under this section during a school year |
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514 | 514 | | may not exceed the program cap. |
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515 | 515 | | SECTION 21. 119.23 (3) (a) (intro.) of the statutes is amended to read: |
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516 | 516 | | 119.23 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit |
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517 | 517 | | an application, on a form provided by the state superintendent, to the participating |
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518 | 518 | | private school that the pupil wishes to attend. If more than one pupil from the same |
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519 | 519 | | family applies to attend the same private school, the pupils may use a single |
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520 | 520 | | application. No later than 60 days after the end of the application period during |
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521 | 521 | | which an application is received and subject to par. (ar), the private school shall |
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522 | 522 | | notify each applicant, in writing, whether his or her application has been accepted. |
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523 | 523 | | If the private school rejects an application, the notice shall include the reason. A |
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524 | 524 | | Subject to par. (ar), a private school may reject an applicant only if it the private |
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525 | 525 | | school has reached its maximum general capacity or seating capacity. The Except |
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526 | 526 | | as provided in par. (ar), the state superintendent shall ensure that the private school |
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527 | 527 | | determines which pupils to accept on a random basis, except that the private school |
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528 | 528 | | may give preference to the following in accepting applications, in order of preference |
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529 | 529 | | listed: |
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554 | 554 | | 25 - 12 -2023 - 2024 Legislature LRB-4371/1 |
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555 | 555 | | FFK:amn |
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556 | 556 | | SECTION 22 ASSEMBLY BILL 533 |
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557 | 557 | | SECTION 22. 119.23 (3) (ar) of the statutes is created to read: |
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558 | 558 | | 119.23 (3) (ar) All of the following apply to applications to attend a private |
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559 | 559 | | school under this section submitted by pupils who reside in the city: |
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560 | 560 | | 1. A private school that has submitted a notice of intent to participate under |
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561 | 561 | | sub. (2) (a) 3. may accept applications for a school year during application periods |
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562 | 562 | | determined by the department from pupils who reside in the city. For each school |
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563 | 563 | | year, the department shall establish one or more application periods under this |
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564 | 564 | | subdivision, the first of which begins no later than February 1 of the school year |
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565 | 565 | | before the applicable school year, and the last of which ends no later than September |
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566 | 566 | | 14 of the applicable school year. |
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567 | 567 | | 2. Each private school that received applications under subd. 1. shall report to |
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568 | 568 | | the department the number of pupils who applied under subd. 1. to attend the private |
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569 | 569 | | school under this section and the names of those applicants who have siblings who |
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570 | 570 | | also applied under subd. 1. to attend the private school under this section. The |
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571 | 571 | | private school shall submit the report no later than 10 days after each application |
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572 | 572 | | period described under subd. 1. during which the private school received |
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573 | 573 | | applications. |
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574 | 574 | | 3. After the end of each application period described under subd. 1., upon |
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575 | 575 | | receipt of the information under subd. 2., the department shall determine the sum |
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576 | 576 | | of all applicants for pupils residing in the city. In determining the sum, the |
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577 | 577 | | department shall count a pupil who has applied to attend more than one private |
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578 | 578 | | school under the program only once. If, after the end of an application period |
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579 | 579 | | described under subd. 1., the sum of all applicants for pupils residing in the city |
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580 | 580 | | exceeds the program cap under sub. (2) (b), the department shall determine which |
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581 | 581 | | applications submitted during the application period to accept on a random basis, |
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606 | 606 | | 25 - 13 -2023 - 2024 Legislature |
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607 | 607 | | LRB-4371/1 |
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608 | 608 | | FFK:amn |
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609 | 609 | | SECTION 22 |
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610 | 610 | | ASSEMBLY BILL 533 |
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611 | 611 | | except that the department shall give preference to the applications of pupils |
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612 | 612 | | described in par. (a) 1. to 5., in the order of preference listed in that paragraph. |
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613 | 613 | | 4. If the sum under subd. 3. exceeds the program cap under sub. (2) (b), the |
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614 | 614 | | department shall establish a waiting list in accordance with the preferences required |
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615 | 615 | | under subd. 3. |
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616 | 616 | | 5. A private school that has accepted a pupil who resides in the city under this |
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617 | 617 | | paragraph shall notify the department whenever the private school determines that |
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618 | 618 | | a pupil will not attend the private school under this paragraph. If, upon receiving |
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619 | 619 | | notice under this subdivision, the department determines that the number of pupils |
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620 | 620 | | attending private schools under this section falls below the program cap under sub. |
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621 | 621 | | (2) (b), the department shall fill any available slot with a pupil selected from the |
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622 | 622 | | waiting list established under subd. 4., if such a waiting list exists. |
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623 | 623 | | SECTION 23. 119.23 (3) (b) of the statutes is amended to read: |
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624 | 624 | | 119.23 (3) (b) If the private school rejects an applicant because it the private |
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625 | 625 | | school has too few available spaces, the applicant may transfer his or her application |
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626 | 626 | | to a participating private school that has space available. An applicant who is |
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627 | 627 | | rejected under this paragraph or an applicant who is on the waiting list under par. |
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628 | 628 | | (ar) 4. may, subject to sub. (2) (b), be admitted to a private school participating in the |
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629 | 629 | | program under this section for the following school year, provided that the applicant |
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630 | 630 | | continues to reside within in the city. The department may not require, in that |
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631 | 631 | | following school year, the private school to submit financial information regarding |
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632 | 632 | | the applicant or to verify the eligibility of the applicant to participate in the program |
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633 | 633 | | under this section on the basis of family income. |
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634 | 634 | | SECTION 24. 119.23 (4v) (b) of the statutes is amended to read: |
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658 | 658 | | 24 - 14 -2023 - 2024 Legislature LRB-4371/1 |
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659 | 659 | | FFK:amn |
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660 | 660 | | SECTION 24 ASSEMBLY BILL 533 |
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661 | 661 | | 119.23 (4v) (b) If the department considers a pupil as a resident of the city |
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662 | 662 | | under par. (a) for a school year, the department shall ensure that the pupil is not |
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663 | 663 | | counted for that school year for purposes of determining whether a school district has |
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664 | 664 | | exceeded its pupil participation limit under s. 118.60 (2) (be) and that the pupil is not |
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665 | 665 | | counted for that school year for purposes of determining whether a program cap |
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666 | 666 | | under sub. (2) (b) or s. 118.60 (2) (bh) 2. a. or b. has been exceeded. |
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667 | 667 | | SECTION 25. 119.23 (4v) (c), (d) and (e) of the statutes are created to read: |
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668 | 668 | | 119.23 (4v) (c) The department may consider a pupil enrolled in a private |
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669 | 669 | | school participating in the program under this section who satisfies all of the |
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670 | 670 | | following as a resident of a school district, other than a 1st class city school district, |
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671 | 671 | | who is enrolled in the private school under this section: |
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672 | 672 | | 1. The pupil was a resident of the city when the pupil applied to participate in |
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673 | 673 | | the program under this section. |
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674 | 674 | | 2. The pupil accepted a space at a private school participating in the program |
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675 | 675 | | under this section as a resident of the city. |
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676 | 676 | | 3. The pupil resides in a school district, other than a 1st class city school |
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677 | 677 | | district, on the 3rd Friday in September. |
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678 | 678 | | 4. The private school at which the pupil accepted a space under this section is |
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679 | 679 | | participating in the program under s. 118.60. |
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680 | 680 | | (d) If the department considers a pupil as a resident of an eligible school |
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681 | 681 | | district, as defined in s. 118.60 (1) (am), under par. (c) for a school year, the |
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682 | 682 | | department shall ensure that the pupil is not counted for that school year for |
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683 | 683 | | purposes of determining whether a program cap under sub. (2) (b) or s. 118.60 (2) (bh) |
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684 | 684 | | 2. a. has been exceeded. |
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708 | 708 | | 24 - 15 -2023 - 2024 Legislature |
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709 | 709 | | LRB-4371/1 |
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710 | 710 | | FFK:amn |
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711 | 711 | | SECTION 25 |
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712 | 712 | | ASSEMBLY BILL 533 |
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713 | 713 | | (e) If the department considers a pupil as a resident of a school district, other |
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714 | 714 | | than an eligible school district, as defined in s. 118.60 (1) (am), or a 1st class city |
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715 | 715 | | school district, under par. (c) for a school year, the department shall ensure that the |
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716 | 716 | | pupil is not counted for that school year for purposes of determining whether the |
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717 | 717 | | school district has exceeded its pupil participation limit under s. 118.60 (2) (be) and |
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718 | 718 | | that the pupil is not counted for that school year for purposes of determining whether |
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719 | 719 | | a program cap under sub. (2) (b) or s. 118.60 (2) (bh) 2. b. has been exceeded. |
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720 | 720 | | SECTION 26.0Initial applicability. |
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721 | 721 | | (1) PARENTAL CHOICE PROGRAMS; PROGRAM CAPS. The treatment of ss. 118.60 (3) |
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722 | 722 | | (am) and (ar) (intro.) and 5. and 119.23 (3) (ar), the renumbering and amendment of |
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723 | 723 | | s. 118.60 (3) (ar) 3. and 4., and the creation of s. 118.60 (3) (ar) 3. a. and b. and 4. a. |
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724 | 724 | | and b. first apply to an application to attend in a private school under s. 118.60 or |
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725 | 725 | | 119.23 in the 2024-25 school year. |
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726 | 726 | | (2) PARENTAL CHOICE PROGRAMS; TRANSFERRING APPLICANTS BETWEEN PROGRAMS. |
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727 | 727 | | The treatment of ss. 118.60 (4v) (b), (c), and (d) and 119.23 (4v) (b), (c), (d), and (e) first |
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728 | 728 | | applies to counting pupils for the pupil participation limits under s. 118.60 (2) (be) |
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729 | 729 | | and the program caps under ss. 118.60 (2) (bh) 2. a. and b. and 119.23 (2) (b) for the |
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730 | 730 | | 2024-25 school year. |
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731 | 731 | | (END) |
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