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2023 - 2024 LEGISLATURE
2023 SENATE BILL 501
October 16, 2023 - Introduced by Senators LARSON, SMITH, ROYS, HESSELBEIN,
AGARD and SPREITZER, cosponsored by Representatives CONSIDINE, SHELTON,
HONG, C. ANDERSON, CLANCY, JOERS, BALDEH, SUBECK, SINICKI, RATCLIFF, J.
ANDERSON and NEUBAUER. Referred to Committee on Education.
AN ACT to repeal 118.43 (title), (1) to (7) and (9) and 118.44; to renumber and
amend 118.43 (8); to amend 20.255 (2) (cs), 20.255 (2) (cu), 115.7915 (2)
(intro.), 118.38 (1) (a) 9., 118.60 (2) (a) (intro.), 119.04 (1) and 119.23 (2) (a)
(intro.); and to create 115.7915 (11), 118.435, 118.60 (13) and 119.23 (13) of the
statutes; relating to: phasing out parental choice programs and the Special
Needs Scholarship Program, repealing the achievement gap reduction program
and the student achievement guarantee program, creating a new student
achievement guarantee program, granting rule-making authority, and making
an appropriation.
Analysis by the Legislative Reference Bureau
This bill 1) phases out the parental choice programs and the Special Needs
Scholarship Program (SNSP); 2) eliminates the Achievement Gap Reduction (AGR)
program and the Student Achievement Guarantee in Education (former SAGE)
program; and 3) creates a new Student Achievement Guarantee in Education (new
SAGE) program.
Phase out parental choice and SNSP programs
The bill provides that, beginning in the 2024-25 school year, no private school
may participate in a parental choice program unless the school was participating in
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the parental choice program in the 2023-24 school year, and no pupil may attend a
private school under a parental choice program unless the pupil was attending that
private school under the parental choice program in the 2023-24 school year.
Finally, the bill provides that, beginning in the 2024-25 school year, no private
school may accept pupils under the SNSP unless the school was participating in the
SNSP in the 2023-24 school year, and no pupil may attend a private school under the
SNSP unless the pupil was attending that private school under the SNSP in the
2023-24 school year.
Eliminate the AGR and former SAGE programs
The bill eliminates the AGR and former SAGE programs after the 2023-24
school year. The AGR program was created in 2015 Wisconsin Act 53 to replace the
former SAGE program. Both programs are categorical aid programs that provide
funding to a participating school for low-income pupils enrolled in certain grades if
the school complies with a five-year contract entered into between the Department
of Public Instruction and the school board of the school district in which the school
is located.
Current law provides that no contract may be entered into or renewed under
the former SAGE program after July 3, 2015, but a school board that had a contract
under the former SAGE program with respect to a school on July 3, 2015, could enter
into a contract with DPI for that school under the AGR program.
Under current law, an AGR contract must require a participating school to do
certain things, including implementing one or more of the following strategies in
grades kindergarten to three:
1. Reduce class sizes to no more than 18 pupils or no more than 30 pupils in a
class having at least two regular classroom teachers.
2. Provide data-driven instructional coaching for classroom teachers.
3. Provide data-informed, one-to-one tutoring to pupils who are struggling
with reading or mathematics.
Currently, AGR contracts may be renewed for one or more terms of five school
years.
Under the AGR program, DPI annually must pay to a school board a per pupil
amount determined based on the amount appropriated for the program and the sum
of the number of low-income pupils enrolled in grades kindergarten to three in all
schools participating in the AGR program and the number of low-income pupils for
whom DPI makes a payment under the former SAGE program.
Create a new SAGE program
The bill creates a new SAGE program that, similar to the AGR and former
SAGE programs, is a categorical aid program that provides funding to a
participating school for certain low-income pupils enrolled in the school if the school
complies with a five-year contract entered into between DPI and the school board
of the school district in which the school is located.
Under the bill, beginning in the 2024-25 school year, a school is eligible to
participate in the new SAGE program if at least 30 percent of the pupils enrolled in
the school in the previous school year were low-income pupils. In addition, the school
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effective date of the bill may participate in the new SAGE program if the school board
enters into a contract with DPI under the new SAGE program in the 2024-25 school
year.
Under the bill, a contract under the new SAGE program must require a
participating school to do certain things, including all of the following:
1. Reduce class sizes in the following manner: a) in the first school year of the
contract, reduce the class size to no more than 18 pupils in each class in at least the
two lowest grades taught in the school; b) in the second school year of the contract,
reduce the class size to no more than 18 pupils in each class in at least the three
lowest grades taught in the school; and c) in the third school year of the contract and
in every other school year of the contract, reduce the class size to no more than 18
pupils in each class in each grade taught in the school. A school may meet the class
size requirement by combining two classes if the combined class size is no more than
30 pupils and at least two regular classroom teachers are assigned to the combined
class.
2. Collaborate with community organizations to make educational and
recreational opportunities and community and social services available in the school.
3. Provide a rigorous academic curriculum designed to improve pupil academic
achievement.
4. Provide certain staff development opportunities and evaluate staff
performance and development.
The bill provides that contracts under the new SAGE program may be renewed
for one or more terms of five school years.
Under the bill, DPI annually must pay to a school board $2,250 for each
low-income pupil who is enrolled in a school subject to a contract under the new
SAGE program and who is assigned to a class in the school in which the class size
was reduced in the manner required under the school board's contract with DPI.
Under the bill, DPI must annually adjust the per pupil amount to reflect the
percentage change in the consumer price index if that change is positive. The bill
provides a sum sufficient appropriation for payments under the new SAGE program.
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. 20.255 (2) (cs) of the statutes is amended to read:
20.255 (2) (cs) Aid for debt service. The amounts in the schedule for aid for debt
service under s. 118.43 (8) 118.433.
SECTION 2. 20.255 (2) (cu) of the statutes is amended to read:
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20.255 (2) (cu) Achievement gap reduction contracts Student achievement
guarantee in education program; state aid. The amounts in the schedule A sum
sufficient for aid to school districts under s. 118.435 (8) and for the program
evaluation under ss. 118.43 and 118.44 s. 118.435 (9).
SECTION 3. 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:
SECTION 4. 115.7915 (11) of the statutes is created to read:
115.7915 (11) SUNSET. (a) 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 that private school
under a scholarship under this section in the 2023-24 school year.
(b) Beginning in the 2024-25 school year, a private school may not participate
in the program under this section unless the private school was participating in the
program under this section in the 2023-24 school year.
SECTION 5. 118.38 (1) (a) 9. of the statutes is amended to read:
118.38 (1) (a) 9. The requirements established for the student achievement
guarantee contracts in education program under s. 118.43 and for achievement gap
reduction contracts under s. 118.44 118.435.
SECTION 6. 118.43 (title), (1) to (7) and (9) of the statutes are repealed.
SECTION 7. 118.43 (8) of the statutes is renumbered 118.433 and amended to
read:
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118.433 State aid for debt service related to former achievement
guarantee contracts. (1) Beginning in the 2000-01 school year, a school district
is eligible for aid under this subsection section if it applies to the department for
approval of the amount of bonds specified in the copy of the resolution under 1999
Wisconsin Act 9, section 9139 (2d). If the department approves the amount before
June 30, 2001, the department shall, from the appropriation under s. 20.255 (2) (cs),
pay each school district that issues bonds pursuant to a referendum under 1999
Wisconsin Act 9, section 9139 (2d), an amount equal to 20 percent of the annual debt
service cost on the bonds. This subsection section does not apply to the school district
operating under ch. 119.
(2) The department shall promulgate rules to implement and administer this
subsection section.
SECTION 8. 118.435 of the statutes is created to read:
118.435 Student achievement guarantee in education program. (1)
LEGISLATIVE FINDINGS. The legislature finds that the voucher programs established
under s. 118.60, 2021 stats., and s. 119.23, 2021 stats., are a failed experiment. The
legislature further finds that the student achievement guarantee in education
program established under s. 118.43, 2021 stats., has had measurable impacts on
pupils enrolled in schools that have entered into contracts with the department
under that section as compared to pupils who were enrolled in schools not
participating in the program established under s. 118.43, 2021 stats. These impacts
include improved reading academic growth in kindergarten, improved mathematics
and reading academic growth from kindergarten through 3rd grade, and a positive
effect of pupils from economically disadvantaged backgrounds completing high
school. The legislature finds that the student achievement guarantee in education
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program should be revived and expanded under this section and that state resources
allocated to the voucher programs should be redirected to the program under this
section.
(2) DEFINITIONS. In this section:
(a) “Class size" means the number of pupils assigned to a regular classroom
teacher on the 3rd Friday of September.
(b) “Low-income pupil" means a pupil who satisfies the income eligibility
criteria under 42 USC 1758 (b) (1).
(3) ELIGIBILITY. A school is eligible to participate in the program under this
section if any of the following applies:
(a) Schools participating under former programs. The school board of the
school district in which the school is located is a party to a contract entered into on
behalf of the school under s. 118.43, 2021 stats., or s. 118.44, 2021 stats., that, on the
effective date of this paragraph .... [LRB inserts date], has not expired or been
terminated.
(b) Low-income schools. At least 30 percent of the pupils enrolled in the school
in the previous school year were low-income pupils.
(4) CONTRACTS. (a) Contracts to replace former program contracts. In the
2024-25 school year, the school board of a school district may enter into a 5-year
contract with the department on behalf of one or more schools in the school district
that are eligible under sub. (3) (a) to participate in the program under this section.
A contract entered into under this paragraph replaces and terminates a contract
entered into by the parties under s. 118.43, 2021 stats., or s. 118.44, 2021 stats., with
respect to the same school or schools.
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(b) Contracts for low-income schools. Beginning in the 2024-25 school year, the
school board of a school district may enter into a 5-year contract with the department
on behalf of one or more schools in the school district that are eligible under sub. (3)
(b) to participate in the program under this section.
(5) CONTRACT REQUIREMENTS. In a contract entered into with a school board of
a school district under this section on behalf of one or more schools in the school
district, the department shall require the school board to do all of the following with
respect to each school:
(a) Reduction in class size. 1. Except as provided under subd. 2., reduce class
sizes in the school in the following manner:
a. In the first school year of the contract, reduce the class size to no more than
18 in each class in at least the 2 lowest grades taught in the school.
b. In the 2nd school year of the contract, reduce the class size to no more than
18 in each class in at least the 3 lowest grades taught in the school.
c. In the 3rd school year of the contract and in every other school year of the
contract, including every school year of a contract renewed under sub. (7), reduce the
class size to no more than 18 in each class in all grades taught in the school.
2. The school board may meet a class size requirement under subd. 1. a., b., or
c. by combining 2 classes in the school if the combined class size is no more than 30
and at least 2 regular classroom teachers are assigned to the combined class.
(b) Education and human services. 1. Keep the school open every day from
early in the morning until late in the day, as specified in the contract.
2. Collaborate with community organizations to make educational and
recreational opportunities and a variety of community and social services available
in the school to all residents of the school district in which the school is located.
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(c) Curriculum. 1. Provide a rigorous academic curriculum designed to
improve pupil academic achievement.
2. In consultation with the department and with the participation of the
school's teachers and administrators and residents of the school district in which the
school is located, review the school's current curriculum to determine how well it
promotes pupil academic achievement.
3. If necessary, outline any changes to the curriculum to improve pupil
academic achievement.
(d) Staff development and accountability. 1. Develop a one-year program for
all newly hired employees that helps them make the transition from their previous
employment or school to their current employment.
2. Provide time for employees to collaborate and plan.
3. Require that each teacher and administrator submit to the school board a
professional development plan that focuses on how the individual will help improve
pupil academic achievement. The plan shall include a method by which the
individual will receive evaluations on the success of the individual's efforts from a
variety of sources.
4. Regularly review staff development plans to determine if they are effective
in helping to improve pupil academic achievement.
5. Establish an evaluation process for professional staff members that does all
of the following:
a. Identifies individual strengths and weaknesses.
b. Clearly describes areas in need of improvement.
(e) Additional contract provisions. Prepare all of the following:
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1. A description of how the school will meet each of the requirements under
pars. (a) to (d), including any alternative classroom configurations for specific
educational activities that may be used to meet the class size requirement under par.
(a).
2. A description of the method that the school board will use to evaluate the
academic achievement of the pupils enrolled in the school.
3. A description of the school's performance objectives for the academic
achievement of the pupils enrolled in the school and the means that the school board
will use to evaluate success in attaining the objectives. Performance objectives
include all of the following:
a. When applicable, improvement in the scores on the examination
administered to pupils under s. 121.02 (1) (r).
b. The attainment of any educational goals adopted by the school board.
c. Professional development with the objective of improving pupil academic
achievement.
d. Methods by which the school involves pupils, parents or guardians of pupils,
and other residents of the school district in which the school is located in decisions
affecting the school.
4. Subject to sub. (6), a description of any statute or rule that is waived under
s. 118.38 if the waiver is related to the contract.
5. A description of the means by which the department may monitor compliance
with the terms of the contract.
(6) WAIVER OF CONTRACT TERMS PROHIBITED. The department may not include
in a contract entered into or renewed under this section a waiver of any requirement
of or rule promulgated under the authority of this section.
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(7) CONTRACT RENEWALS. (a) Except as provided in par. (b), the department may
renew a contract under this section for one or more terms of 5 school years.
(b) The department may not renew a contract with a school board if the
department determines that the school board has not complied with the terms of the
contract, including the requirements described under sub. (5).
(8) STATE AID. (a) Payments. From the appropriation under s. 20.255 (2) (cu),
the department shall annually make the following payments:
1. Subject to par. (b), beginning in the 2025-26 school year, the department
shall pay to a school board that enters into a contract with the department under this
section that has not expired or been terminated $2,250 for each low-income pupil
who is enrolled in a school subject to the contract and who is assigned to a class in
the school in which the class size was reduced in the manner required under sub. (5)
(a).
2. In the 2024-25 school year, the department shall pay to a school board that
enters into a contract with the department under sub. (4) (a) that has not expired or
been terminated $2,250 for each low-income pupil described under s. 118.43 (6) (b)
11., 2021 stats., or s. 118.44 (6) (bm) 1., 2021 stats.
3. Subject to par. (b), beginning in the the 2024-25 school year, the department
shall pay to a school board that entered into a contract with the department under
s. 118.43, 2021 stats., or s. 118.44, 2021 stats., that has not expired or been
terminated $2,250 for each low-income pupil described under s. 118.43 (6) (b) 11.,
2021 stats., or s. 118.44 (6) (bm) 1., 2021 stats.
(b) Per pupil adjustment. Beginning in the 2026-27 school year, the
department shall annually adjust the per pupil amount specified under par. (a) 1.
and 3. by the percentage difference between the consumer price index for the
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12-month period ending on December 31 of the preceding school year and the
consumer price index for the 12-month period ending on December 31 of the school
year before the preceding school year, if positive.
(c) Use of payment to fulfill contract. A school board shall use the aid received
under this subsection to satisfy the terms of the contract for which the aid was
received.
(d) Limitations on payment. The department shall cease payments under this
subsection to a school board if the school board withdraws from a contract entered
into under this section before expiration of the contract.
(e) Rules. The department shall promulgate rules to implement and
administer the payment of state aid under this subsection.
(9) EVALUATION. Beginning in the 2024-25 school year, the department
annually shall arrange for an evaluation of the program under this section. The
department may spend up to $250,000 from the appropriation under s. 20.255 (2) (cu)
in each school year for that purpose.
SECTION 9. 118.44 of the statutes is repealed.
SECTION 10. 118.60 (2) (a) (intro.) of the statutes is amended to read:
118.60 (2) (a) (intro.) Subject to pars. (ag) and (ar) and sub. (13), any pupil in
grades kindergarten to 12 who resides within an eligible school district may attend
any private school under this section and, subject to pars. (ag), (ar), (be), (bm), and
(bs) and sub. (13), 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 11. 118.60 (13) of the statutes is created to read:
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118.60 (13) (a) Beginning in the 2024-25 school year, a pupil may not attend
a participating private school under this section unless the pupil attended that
participating private school under this section in the 2023-24 school year.
(b) Beginning in the 2024-25 school year, a private school may not participate
in the program under this section unless the private school was participating in the
program under this section in the 2023-24 school year.
SECTION 12. 119.04 (1) of the statutes, as affected by 2023 Wisconsin Act 12,
is amended to read:
119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124,
118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164,
118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and
(10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30
to 118.43 118.435, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m),
(4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26),
(34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are
applicable to a 1st class city school district and board but not, unless explicitly
provided in this chapter or in the terms of a contract, to the commissioner or to any
school transferred to an opportunity schools and partnership program.
SECTION 13. 119.23 (2) (a) (intro.) of the statutes is amended to read:
119.23 (2) (a) (intro.) Subject to pars. (ag) and (ar) and sub. (13), any pupil in
grades kindergarten to 12 who resides within the city may attend any private school
if all of the following apply:
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SECTION 14. 119.23 (13) of the statutes is created to read:
119.23 (13) (a) Beginning in the 2024-25 school year, a pupil may not attend
a participating private school under this section unless the pupil attended that
participating private school under this section in the 2023-24 school year.
(b) Beginning in the 2024-25 school year, a private school may not participate
in the program under this section unless the private school was participating in the
program under this section in the 2023-24 school year.
SECTION 15.0Effective dates. This act takes effect on the day after publication,
except as follows:
(1) The treatment of ss. 20.255 (2) (cs) and (cu) and 118.44, the repeal of s.
118.43 (title), (1) to (7), and (9), and the renumbering and amendment of s. 118.43 (8)
take effect on July 1, 2024.
(END)
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