Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB989 Compare Versions

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

Old	New	Differences
1	1	LRB-5782/1
2	2	FFK:emw&wlj
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 989
5	5	February 2, 2024 - Introduced by Senator S TROEBEL, cosponsored by
6	6	Representative RODRIGUEZ. Referred to Committee on Education.
7	7	AN ACT to repeal 20.255 (2) (fu), 48.78 (2) (L), 49.32 (6m), 69.20 (3) (h), 103.005
8	8	(14m), 115.7915 (8m), 118.30 (2) (b) 5., 118.301 (3) (c), 118.33 (6) (c), 118.38 (4),
9	9	118.60 (title) and (1) (am), 118.60 (2) (a) 1. b., c. and d., 118.60 (2) (a) 2., 118.60
10	10	(2) (a) 3., 118.60 (2) (a) 6. c. and d., 118.60 (2) (a) 7. a., 118.60 (2) (ag) (intro.),
11	11	118.60 (2) (ag) 1. b. and c., 118.60 (2) (ag) 2. a., 118.60 (2) (ag) 2. b., 118.60 (2)
12	12	(ag) 4., 118.60 (2) (be), (bm) and (bs), 118.60 (3) (ar), 118.60 (3) (b), 118.60 (3) (c),
13	13	118.60 (3) (d), 118.60 (4) (bg) 1., 2. and 4., 118.60 (4) (bg) 5., 118.60 (4v), 118.60
14	14	(6m) (intro.) and (a) (intro.) and (b), 118.60 (7) (am) 2m. c., 118.60 (7) (b) (intro.)
15	15	and 2m., 118.60 (7) (d) (intro.) and 3., 118.60 (12), 119.23, 119.23 (2) (ag) 1. b.
16	16	and c., 119.23 (2) (ag) 2. b., 121.08 (4) (b) 1. and 3. and 938.78 (2) (L); to
17	17	renumber 118.60 (6p) (a) 2.; to renumber and amend 118.60 (1) (intro.), (ab),
18	18	(ad), (af), (ag), (bn), (c), (cm), (d) and (g), 118.60 (2) (a) (intro.), 118.60 (2) (a) 1.
19	19	a., 118.60 (2) (a) 4., 118.60 (2) (a) 5., 118.60 (2) (a) 6. a., 118.60 (2) (a) 6. b., 118.60
20	20	(2) (a) 7. b., 118.60 (2) (a) 7. c., 118.60 (2) (a) 8., 118.60 (2) (a) 9., 118.60 (2) (ag)
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35	35	FFK:emw&wlj
36	36	SENATE BILL 989
37	37	1., 118.60 (2) (ag) 2. c., 118.60 (2) (ag) 5., 118.60 (2) (ar), 118.60 (2) (c) 1., 118.60
38	38	(2) (c) 2., 118.60 (2) (d), 118.60 (3) (a) (intro.), 118.60 (3) (a) 1m., 2m., 3., 4. and
39	39	5., 118.60 (3m) (a), 118.60 (3m) (am), 118.60 (3m) (b), 118.60 (3m) (c), 118.60 (4)
40	40	(a), 118.60 (4) (bg) 3., 118.60 (4) (c), 118.60 (4d) (a), 118.60 (4d) (b), 118.60 (4m),
41	41	118.60 (4r), 118.60 (4s), 118.60 (5), 118.60 (6), 118.60 (6m) (a) 1. to 9., 118.60 (6m)
42	42	(bm), 118.60 (6m) (c), 118.60 (6m) (d), 118.60 (6p) (a) 1., 118.60 (6p) (b), 118.60
43	43	(7) (ad) 1., 118.60 (7) (ad) 2., 118.60 (7) (ad) 3., 118.60 (7) (ag), 118.60 (7) (am)
44	44	1m., 118.60 (7) (am) 2m. b., 118.60 (7) (am) 3., 118.60 (7) (an), 118.60 (7) (b) 1.,
45	45	118.60 (7) (b) 2., 118.60 (7) (b) 3., 118.60 (7) (b) 3m., 118.60 (7) (b) 4. to 6., 118.60
46	46	(7) (c), 118.60 (7) (d) 1. a., 118.60 (7) (d) 1. b., 118.60 (7) (dr), 118.60 (7) (e), 118.60
47	47	(7) (em) 1. and 2., 118.60 (7) (g), 118.60 (7) (h), 118.60 (7m) (a) (intro.), 1. and 2.,
48	48	(b) and (c), 118.60 (9), 118.60 (9m), 118.60 (10) (a) (intro.), 1., 2., 3., 5., 6., 7. and
49	49	8., 118.60 (10) (am), 118.60 (10) (ar), 118.60 (10) (b), 118.60 (10) (c), 118.60 (10)
50	50	(d) and 118.60 (11); to consolidate, renumber and amend 118.60 (2) (ag) 1.
51	51	(intro.) and a., 118.60 (6p) (intro.) and (a) (intro.), 118.60 (7) (am) 2m. (intro.)
52	52	and a., 118.60 (7) (b) 7. a. and b., 119.23 (2) (ag) 1. (intro.) and a. and 121.08 (4)
53	53	(b) (intro.) and 2.; to amend 20.255 (1) (j), 20.255 (2) (fr), 20.255 (2) (fv), 39.51
54	54	(2), 39.51 (3) (e), 39.51 (4) (intro.), 49.83, 115.28 (54m), 115.364 (1) (am), 115.383
55	55	(1) (c), 115.383 (2) (intro.), 115.383 (3) (b), 115.383 (4), 115.383 (5), 115.385 (2),
56	56	115.385 (3) (intro.), 115.385 (3) (b), 115.385 (4), 115.39 (1) (b) 2., 115.39 (3) (a)
57	57	2. b., 115.7915 (4m) (e) 2., 115.7915 (6) (e), 115.7915 (6) (i), 115.7915 (6) (k),
58	58	118.015 (1m) (c) and (d), 118.015 (5), 118.124 (1) (a), 118.125 (4), 118.30 (1g) (a)
59	59	3., 118.30 (1g) (a) 4., 118.30 (1s) (intro.), 118.30 (1s) (a), 118.30 (1s) (b), 118.30
60	60	(1s) (bm), 118.30 (1s) (c), 118.30 (1s) (cm), 118.30 (1s) (d), 118.30 (1t), 118.30 (2)
61	61	(b) 1., 118.30 (2) (b) 2., 118.30 (2) (b) 6., 118.30 (5m), 118.301 (3) (d), 118.301 (4)
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86	86	25 - 3 -2023 - 2024 Legislature
87	87	LRB-5782/1
88	88	FFK:emw&wlj
89	89	SENATE BILL 989
90	90	(a), 118.33 (1) (f) 2m., 118.33 (1) (f) 2r., 118.33 (1) (f) 3., 118.33 (1m) (a) 1., 118.33
91	91	(1m) (a) 2. a., 118.33 (1m) (a) 2. b., 118.33 (1m) (a) 3., 118.33 (1m) (b), 118.33 (6)
92	92	(cr), 118.40 (2r) (e) 2p. a., 118.56 (1), 118.57 (1), 118.57 (2), 118.60 (2) (a) 3. a.,
93	93	118.60 (2) (ag) 2. a., 118.60 (2) (ag) 4., 118.60 (2) (ar), 119.23 (2) (a) 3., 119.23 (2)
94	94	(ag) 2. a., 119.23 (2) (ag) 4., 119.23 (2) (ar), 119.33 (2) (b) 3. c., 119.46 (1), 119.9002
95	95	(2) (d) 3. (intro.), 121.07 (2) (b), 121.085, 121.137 (2), 121.91 (2m) (c) 1., 121.91
96	96	(2m) (c) 4., 121.91 (2m) (d) 1., 121.91 (2m) (d) 4., 121.91 (4) (n) 1., 146.89 (1) (d)
97	97	2., 146.89 (1) (g) 3. and 938.49 (2) (b); to repeal and recreate 115.7915 (1) and
98	98	115.7915 (2) (c); and to create 115.001 (3t), 115.7915 (2) (i), 115.7915 (2m),
99	99	115.7915 (4) (c), 115.7915 (4m) (g), 115.7915 (6) (em), 115.7915 (6) (L), 115.7915
100	100	(6) (m), 115.7915 (6) (n), 115.7915 (8) (am), 115.7915 (8) (ap), subchapter I (title)
101	101	of chapter 118 [precedes 118.001], 118.60 (2) (ag) 2. c., subchapter II (title) of
102	102	chapter 118 [precedes 118.70], 118.70 (3), (6), (7), (8), (9), (11), (12), (16), (17),
103	103	(18) and (20), 118.71, 118.72 (title), 118.72 (1) (b), 118.72 (1) (c), 118.72 (2),
104	104	118.72 (3) (title), 118.72 (3) (d), 118.72 (4), 118.73 (title) and (1), 118.74 (title),
105	105	118.74 (3) (title), 118.74 (3) (a) 2., 118.74 (3) (b) 2., 118.74 (4) (title), 118.75 (title),
106	106	118.75 (2), 118.75 (3) (intro.), 118.76 (title) and (2) (title), 118.76 (1) (a) 1. and
107	107	2., 118.76 (4), 118.76 (5), 118.76 (7), 118.77 (title), 118.77 (1) (b), 118.77 (1) (d),
108	108	118.77 (2) (b) to (e), 118.78 (title), 118.78 (1) (intro.), 118.79 (title), 118.79 (5),
109	109	118.80 (title), 118.80 (4) (a) and (b), 118.80 (9) (title), 118.80 (9) (d) 2., 118.81
110	110	(title), 118.81 (1) (title), 118.81 (1) (c), 118.81 (2) (title), 118.82 (title), 118.82 (4)
111	111	(title), 118.83 (title), 118.83 (2) (title), 118.84 (title), 118.84 (1), 118.84 (2) (title),
112	112	118.84 (4) (title), 118.84 (4) (a) 1., 118.84 (7), 118.85 (title) and (3) (title), 118.87
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135	135	23 - 4 -2023 - 2024 Legislature LRB-5782/1
136	136	FFK:emw&wlj
137	137	SENATE BILL 989
138	138	(6) and 119.23 (2) (ag) 2. c. of the statutes; relating to: combining the choice
139	139	programs and granting rule-making authority.
140	140	Analysis by the Legislative Reference Bureau
141	141	Private School Choice Program
142	142	Under current law, the Department of Public Instruction administers the
143	143	Milwaukee Parental Choice Program, the Racine Parental Choice Program, and the
144	144	Wisconsin Parental Choice Program. Current law includes a pupil participation
145	145	limit on the WPCP that applies through the end of the 2025-26 school year.
146	146	Under the bill, beginning in the 2026-27 school year, DPI will administer the
147	147	MPCP, the RPCP, and the WPCP as a single program, to be known as the Private
148	148	School Choice Program. The bill does not change the pupil eligibility requirements
149	149	that exist under each of the current parental choice programs. For example, under
150	150	the bill, to be eligible for the Private School Choice Program, a pupil who resides in
151	151	the Racine Unified School District must meet the eligibility requirements under the
152	152	RPCP: certain prior year school attendance requirements and a family income that
153	153	does not exceed 300 percent of the federal poverty level. Similarly, to be eligible for
154	154	the Private School Choice Program, a pupil who resides in a school district other than
155	155	the Racine Unified School District or Milwaukee Public Schools must meet the
156	156	eligibility requirements under the WPCP: certain prior year school attendance
157	157	requirements and a family income that does not exceed 220 percent of the federal
158	158	poverty level.
159	159	Under the bill, to participate in the 2025-26 school year, private schools will
160	160	submit to DPI an intent to participate for the MPCP, RPCP, or WPCP. Similarly, for
161	161	attendance during the 2025-26 school year, pupils will apply to attend a
162	162	participating private school under the MPCP, RPCP, or WPCP. During the 2025-26
163	163	school year, DPI will transition to the Private School Choice Program created under
164	164	this bill but will continue to administer the combined program as the three separate
165	165	parental choice programs. Under the bill, intents to participate and pupil
166	166	applications made during the 2025-26 school year for participation or attendance in
167	167	the 2026-27 school year are for the Private School Choice Program.
168	168	Other changes
169	169	In addition to establishing the Private School Choice Program, the bill includes
170	170	the following substantive changes:
171	171	1. The bill creates a reenrollment process for choice pupils who attend a
172	172	participating private school on the January count date. Beginning in the 2025-26
173	173	school year, during a reenrollment period that occurs at the end of January, a
174	174	participating private school must determine, for each grade it will offer in the
175	175	following school year, if it will have enough choice program seats in the following
176	176	school year to offer a choice program seat to each of its current choice pupils. If the
177	177	participating private school has enough choice program seats for all of its current
178	178	choice pupils, the participating private school must notify the parents of each current
179	179	choice pupil that the pupil has been offered a choice program seat for the following
180	180	1
181	181	2 - 5 -2023 - 2024 Legislature
182	182	LRB-5782/1
183	183	FFK:emw&wlj
184	184	SENATE BILL 989
185	185	school year and the process for the parent to accept the choice program seat. If the
186	186	private school determines that it does not have enough choice program seats to offer
187	187	all of its current choice pupils a choice program seat for the following school year, the
188	188	private school must determine, on a random basis, which current choice pupils
189	189	receive a choice program seat for the following school year. The private school must
190	190	then notify the parents of each current choice pupil who does not receive a choice
191	191	program seat for the following school year that the pupil has been placed on the
192	192	waiting list for the following school year and notify the parents of each current choice
193	193	pupil that receives a choice program seat for the following school year that the pupil
194	194	is being offered a choice program seat for the following school year and the process
195	195	for the parent to accept the choice program seat.
196	196	2. Beginning in the 2025-26 school year, if a participating private school offers
197	197	virtual instruction, the participating private school must ensure that a teacher is
198	198	responsible for various aspects of the virtual instruction and pupil learning related
199	199	to that virtual instruction. These requirements mirror current law that applies to
200	200	virtual charter schools. Additionally, beginning with an intent to participate in a
201	201	parental choice program in the 2025-26 school year, a private school must indicate
202	202	in its intent to participate whether the private school intends to offer virtual
203	203	instruction and, if so, the amount and type of virtual instruction the private school
204	204	intends to offer. These changes also apply to a private school participating in the
205	205	Special Needs Scholarship Program.
206	206	3. Beginning in the 2025-26 school year, a participating private school must
207	207	have a physical location in this state from which the private school is operated. The
208	208	bill does not require that pupils receive instruction at the physical location. This
209	209	change also applies to a private school participating in the SNSP.
210	210	4. Beginning in the 2025-26 school year, the bill allows individuals employed
211	211	by a participating private school who hold a substitute teaching permit issued by DPI
212	212	to teach at a participating private school, as allowed under the substitute teaching
213	213	permit. This change also applies to teachers at a private school participating in the
214	214	SNSP. Additional changes to teacher qualifications under the SNSP are discussed
215	215	below.
216	216	5. The bill makes changes to the financial audit that participating private
217	217	schools must submit to DPI, including the fiscal and internal practices control report.
218	218	Under the bill, beginning in the 2025-26 school year, a management letter is not
219	219	required.
220	220	6. For new private schools that intend to first participate in a parental choice
221	221	program in the 2025-26 school year, the bill makes various changes to the initial
222	222	requirements that must be satisfied during the 2024-25 school year. For example,
223	223	a new private school that submits a bond to DPI must provide an updated bond under
224	224	certain circumstances.
225	225	7. The bill changes various deadlines in the Private School Choice Program.
226	226	Special Needs Scholarship Program
227	227	The bill also makes the following changes to the SNSP:
228	228	1. Under current law, a private school may participate in the SNSP if the
229	229	private school is accredited or if the private school is approved as a private school by - 6 -2023 - 2024 Legislature LRB-5782/1
230	230	FFK:emw&wlj
231	231	SENATE BILL 989
232	232	the state superintendent of public instruction. Beginning in the 2025-26 school year,
233	233	a private school must be accredited to participate in the SNSP. The bill provides
234	234	exceptions for private schools that participated in the SNSP before the 2025-26
235	235	school year. Under the bill, DPI may bar a private school from participating in the
236	236	SNSP for failing to comply with the accreditation requirements created in the bill.
237	237	2. The bill makes various changes to the financial audit that private schools
238	238	participating in the SNSP must submit to DPI, including the fiscal and internal
239	239	control practices report. Under the bill, the financial audit requirements are the
240	240	same under the SNSP and the Private School Choice Program.
241	241	3. Beginning in the 2025-26 school year, teachers and administrators at a
242	242	private school participating in the SNSP are subject to the same requirements that
243	243	apply to teachers and administrators at a private school participating in the Private
244	244	School Choice Program. In general, the private school must ensure that a teacher
245	245	has a teaching license issued by DPI or a bachelor's degree or higher, including a
246	246	master's or doctorate, from an accredited institution of higher education, and that
247	247	an administrator has a teaching or administrator license issued by DPI or at least
248	248	a bachelor's degree from an accredited institution of higher education. The bill
249	249	creates a waiver process for a teacher who has taught for at least the five consecutive
250	250	years immediately preceding July 1, 2025, but does not satisfy the teacher
251	251	requirements created in the bill. The bill also requires that, beginning in the
252	252	2025-26 school year, a teacher's aide at a private school participating in the SNSP
253	253	has at least a high school diploma, declaration of equivalency of high school
254	254	graduation, or general educational development certificate of high school
255	255	equivalency.
256	256	4. Beginning in the 2025-26 school year, a private school participating in the
257	257	SNSP must allow a child attending the private school under the SNSP to opt out of
258	258	participating in any religious activity if the child's parent submits a written request
259	259	to the child's teacher or the private school's principal.
260	260	For further information see the state fiscal estimate, which will be printed as
261	261	an appendix to this bill.
262	262	The people of the state of Wisconsin, represented in senate and assembly, do
263	263	enact as follows:
264	264	SECTION 1. 20.255 (1) (j) of the statutes is amended to read:
265	265	20.255 (1) (j) Milwaukee Parental Choice Program and the parental Private
266	266	school choice program for eligible school districts and other school districts; financial
267	267	audits. All moneys received under ss. 118.60 (2) (a) 3. and (ag) 1. c. and 119.23 (2)
268	268	(a) 3. and (ag) 1. c. s. 118.73 (1) (b) to be used to evaluate the financial information
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273	273	5 - 7 -2023 - 2024 Legislature
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276	276	SECTION 1
277	277	SENATE BILL 989
278	278	submitted under s. 119.23 (7) (am) and (d) 3. and (7m) (a) 2. by private schools
279	279	participating in the Milwaukee Parental Choice Program and under s. 118.60 (7)
280	280	(am) and (d) 3. and (7m) (a) 2. 118.83 by private schools participating in the private
281	281	school choice program under s. 118.60 subch. II of ch. 118.
282	282	SECTION 2. 20.255 (2) (fr) of the statutes is amended to read:
283	283	20.255 (2) (fr) Parental Private school choice program for eligible school
284	284	districts and other school districts. A sum sufficient to make the payments to private
285	285	schools under s. 118.60 (4) and (4m) 118.84 (1) and (2).
286	286	SECTION 3. 20.255 (2) (fu) of the statutes is repealed.
287	287	SECTION 4. 20.255 (2) (fv) of the statutes is amended to read:
288	288	20.255 (2) (fv) Milwaukee Parental Choice Program and the parental choice
289	289	Private school choice program for eligible school districts and other school districts;
290	290	transfer pupils. A sum sufficient to make the payments under ss. 118.60 (4r) and
291	291	119.23 (4r) s. 118.84 (5).
292	292	SECTION 5. 39.51 (2) of the statutes is amended to read:
293	293	39.51 (2) Beginning in the 2018-19 school year, from From the appropriation
294	294	under s. 20.235 (1) (c), the board shall award grants to school districts, charter
295	295	schools authorized under s. 118.40 (2r), and private schools participating in a the
296	296	private school choice program under s. 118.60 or 119.23 subch. II of ch.118 to support
297	297	dual enrollment programs taught in high schools. These grants shall be awarded for
298	298	the purpose of assisting high school teachers in covering tuition expenses for courses
299	299	taken to meet the minimal qualifications necessary to teach dual enrollment courses.
300	300	SECTION 6. 39.51 (3) (e) of the statutes is amended to read:
301	301	39.51 (3) (e) A private school participating in the private school choice program
302	302	under s. 118.60 or 119.23 subch. II of ch.118.
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329	329	SECTION 7 SENATE BILL 989
330	330	SECTION 7. 39.51 (4) (intro.) of the statutes is amended to read:
331	331	39.51 (4) (intro.) Following the school year in which a school district, charter
332	332	school authorized under s. 118.40 (2r), or private school participating in a the private
333	333	school choice program under s. 118.60 or 119.23 subch. II of ch.118 receives a grant
334	334	under sub. (2), the school district, charter school, or private school shall submit to the
335	335	board a report that includes all of the following information:
336	336	SECTION 8. 48.78 (2) (L) of the statutes is repealed.
337	337	SECTION 9. 49.32 (6m) of the statutes is repealed.
338	338	SECTION 10. 49.83 of the statutes is amended to read:
339	339	49.83 Limitation on giving information. Except as provided under ss.
340	340	49.25 and 49.32 (6m), (9), (10), and (10m), no person may use or disclose information
341	341	concerning applicants and recipients of relief funded by a relief block grant, aid to
342	342	families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social
343	343	services, child and spousal support and establishment of paternity and medical
344	344	support liability services under s. 49.22, or supplemental payments under s. 49.77
345	345	for any purpose not connected with the administration of the programs, except that
346	346	the departments of children and families and health services may disclose, including
347	347	by transmitting or granting access to electronic data, such information, including
348	348	social security numbers, to the department of revenue for the sole purposes of
349	349	administering state taxes, including verifying refundable individual income tax
350	350	credits, and collecting debts owed to the department of revenue. Any person
351	351	violating this section may be fined not less than $25 nor more than $500 or
352	352	imprisoned in the county jail not less than 10 days nor more than one year or both.
353	353	SECTION 11. 69.20 (3) (h) of the statutes is repealed.
354	354	SECTION 12. 103.005 (14m) of the statutes is repealed.
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379	379	25 - 9 -2023 - 2024 Legislature
380	380	LRB-5782/1
381	381	FFK:emw&wlj
382	382	SECTION 13
383	383	SENATE BILL 989
384	384	SECTION 13. 115.001 (3t) of the statutes is created to read:
385	385	115.001 (3t) PRIVATE SCHOOL CHOICE PROGRAM. “Private school choice program”
386	386	has the meaning given for “choice program” in s. 118.70 (3).
387	387	SECTION 14. 115.28 (54m) of the statutes is amended to read:
388	388	115.28 (54m) NOTICE OF EDUCATIONAL OPTIONS. Include on the home page of the
389	389	department's Internet site website a link to information about all of the educational
390	390	options available to children in the state who are at least 3 years old but not yet 18
391	391	years old, including public schools, private schools participating in a parental the
392	392	private school choice program, charter schools, virtual schools, full-time or
393	393	part-time open enrollment in a nonresident school district, the early college credit
394	394	program, and options for pupils enrolled in a home-based private educational
395	395	program.
396	396	SECTION 15. 115.364 (1) (am) of the statutes is amended to read:
397	397	115.364 (1) (am) “Eligible private school” means a private school participating
398	398	in a parental the private school choice program under s. 118.60 or 119.23 that
399	399	increased the amount it expended in the preceding school year to employ, hire, or
400	400	retain social workers over the amount it expended in the school year immediately
401	401	preceding the preceding school year to employ, hire, or retain social workers.
402	402	SECTION 16. 115.383 (1) (c) of the statutes is amended to read:
403	403	115.383 (1) (c) If the proposal is approved under par. (b), the state
404	404	superintendent shall ensure that information about pupils enrolled in charter
405	405	schools and about pupils enrolled in private schools participating in a parental the
406	406	private school choice program under s. 118.60 or 119.23, including their academic
407	407	performance and demographic information, aggregated by school district, school,
408	408	and teacher, is collected and maintained in the student information system.
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434	434	FFK:emw&wlj
435	435	SECTION 17 SENATE BILL 989
436	436	SECTION 17. 115.383 (2) (intro.) of the statutes is amended to read:
437	437	115.383 (2) (intro.) If the student information system is established under sub.
438	438	(1), each school district, charter school, and private school using the system under
439	439	sub. (1) shall include in the system the following information for each teacher
440	440	teaching in the school district or school who completed a teacher education program
441	441	described in s. 115.28 (7) (a) or (e) 2. and located in this state on or after January 1,
442	442	2012, or, for each teacher teaching in a private school participating in a parental the
443	443	private school choice program under s. 118.60 or 119.23, who obtained a bachelor's
444	444	degree from an institution located in this state on or after July 1, 2010:
445	445	SECTION 18. 115.383 (3) (b) of the statutes is amended to read:
446	446	115.383 (3) (b) Beginning in the 2015-16 school year, the The state
447	447	superintendent shall ensure that every charter school established under s. 118.40
448	448	(2r) or (2x) and every private school participating in a parental the private school
449	449	choice program under s. 118.60 or 119.23 is either using the system under sub. (1)
450	450	or is using a system that is commercially available and able to obtain pupil
451	451	identification numbers under sub. (5).
452	452	SECTION 19. 115.383 (4) of the statutes is amended to read:
453	453	115.383 (4) A private school participating in a parental the private school
454	454	choice program under s. 118.60 or 119.23 is not required to include information about
455	455	pupils who are not attending the private school under s. 118.60 or 119.23 the private
456	456	school choice program in the system it is using under sub. (3).
457	457	SECTION 20. 115.383 (5) of the statutes is amended to read:
458	458	115.383 (5) The state superintendent shall assign to each pupil attending a
459	459	public school or charter school, and to each pupil attending a private school under
460	460	s. 118.60 or 119.23 the private school choice program, a unique identification number
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462	462	2
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485	485	25 - 11 -2023 - 2024 Legislature
486	486	LRB-5782/1
487	487	FFK:emw&wlj
488	488	SECTION 20
489	489	SENATE BILL 989
490	490	for use in the student information system. The state superintendent shall not assign
491	491	to any pupil an identification number that is identical to or incorporates the pupil's
492	492	social security number or that uses any other personally identifying information.
493	493	SECTION 21. 115.385 (2) of the statutes is amended to read:
494	494	115.385 (2) Beginning with the accountability report published for the 2015-16
495	495	school year, the The department shall include in its annual school accountability
496	496	report under sub. (1) charter schools established under s. 118.40 (2r) or (2x) and
497	497	private schools participating in a parental the private school choice program under
498	498	s. 118.60 or 119.23. The department shall use the same criteria to measure the
499	499	performance of all schools included in the annual school accountability report.
500	500	SECTION 22. 115.385 (3) (intro.) of the statutes is amended to read:
501	501	115.385 (3) (intro.) On an accountability report published for a private school
502	502	participating in a the private school choice program under s. 118.60 or 119.23, the
503	503	department shall specify the percentage of pupils attending the private school under
504	504	the private school choice program and comply with one of the following:
505	505	SECTION 23. 115.385 (3) (b) of the statutes is amended to read:
506	506	115.385 (3) (b) For a private school that submits achievement data for those
507	507	pupils attending the private school under s. 118.60 or 119.23 the private school choice
508	508	program and achievement data for all other pupils attending the private school,
509	509	assign to the private school a performance category derived from data about pupils
510	510	attending the school under s. 118.60 or 119.23 the private school choice program and
511	511	identify the performance category as the choice pupil performance category. The
512	512	department shall also assign a 2nd performance category, derived from data about
513	513	all pupils attending the private school including pupils attending the private school
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537	537	24 - 12 -2023 - 2024 Legislature LRB-5782/1
538	538	FFK:emw&wlj
539	539	SECTION 23 SENATE BILL 989
540	540	under s. 118.60 or 119.23 the private school choice program, as the private school
541	541	performance category.
542	542	SECTION 24. 115.385 (4) of the statutes is amended to read:
543	543	115.385 (4) Annually, each public school, including a charter school, and each
544	544	private school participating in a parental the private school choice program under
545	545	s. 118.60 or 119.23 shall provide a copy of the school's accountability report to the
546	546	parent or guardian of each pupil enrolled in or attending the school. Each school
547	547	shall simultaneously provide to the parent or guardian of each pupil enrolled in the
548	548	school a list of the educational options available to children who reside in the pupil's
549	549	resident school district, including public schools, private schools participating in a
550	550	parental the private school choice program, charter schools, virtual schools,
551	551	full-time or part-time open enrollment in a nonresident school district, the youth
552	552	apprenticeship program under s. 106.13, the early college credit program, and
553	553	options for pupils enrolled in a home-based private educational program. A school
554	554	that does not operate high school grades is not required to include an educational
555	555	option that is offered only to high school pupils in a list of educational options
556	556	provided under this subsection.
557	557	SECTION 25. 115.39 (1) (b) 2. of the statutes, as created by 2023 Wisconsin Act
558	558	20, is amended to read:
559	559	115.39 (1) (b) 2. A private school participating in a the private school choice
560	560	program under s. 118.60 or 119.23.
561	561	SECTION 26. 115.39 (3) (a) 2. b. of the statutes, as created by 2023 Wisconsin
562	562	Act 20, is amended to read:
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585	585	23 - 13 -2023 - 2024 Legislature
586	586	LRB-5782/1
587	587	FFK:emw&wlj
588	588	SECTION 26
589	589	SENATE BILL 989
590	590	115.39 (3) (a) 2. b. From the eligible schools identified under subd. 1., the office
591	591	shall select at least 2 eligible schools that are private schools participating in a the
592	592	private school choice program under s. 118.60 or 119.23.
593	593	SECTION 27. 115.7915 (1) of the statutes is repealed and recreated to read:
594	594	115.7915 (1) DEFINITIONS. In this section:
595	595	(a) “Accrediting entity" has the meaning given in s. 118.70 (1).
596	596	(b) “Administrator” means the superintendent, supervising principal,
597	597	executive director, or other person who acts as the administrative head of a private
598	598	school participating in the program under this section.
599	599	(c) “Disqualified accrediting organization" has the meaning given in s. 118.70
600	600	(4).
601	601	(d) “Eligible school” means a private school located in this state.
602	602	(e) “January count date” means the 2nd Friday in January or an alternative
603	603	date designated by the department under sub. (4) (c).
604	604	(f) “Preaccreditation" has the meaning given in s. 118.70 (13).
605	605	(g) “Preaccrediting entity" has the meaning given in s. 118.70 (14).
606	606	(h) “Resident school board” means the school board of a resident school district.
607	607	(i) “Resident school district” means the school district in which a pupil resides.
608	608	(j) “September count date” means the 3rd Friday in September or an
609	609	alternative date designated by the department under sub. (4) (c).
610	610	(k) “Services plan” has the meaning given in 34 CFR 300.37.
611	611	(L) “Teacher” has the meaning given in s. 118.70 (19).
612	612	SECTION 28. 115.7915 (2) (c) of the statutes is repealed and recreated to read:
613	613	115.7915 (2) (c) The eligible school satisfies the requirements under sub. (2m).
614	614	SECTION 29. 115.7915 (2) (i) of the statutes is created to read:
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640	640	FFK:emw&wlj
641	641	SECTION 29 SENATE BILL 989
642	642	115.7915 (2) (i) The eligible school maintains at least one physical location in
643	643	this state from which the eligible school is operated.
644	644	SECTION 30. 115.7915 (2m) of the statutes is created to read:
645	645	115.7915 (2m) ACCREDITATION. (a) Each private school that begins
646	646	participation in the program under this section in a school year beginning on or after
647	647	the effective date of this paragraph .... [LRB inserts date], and that is not accredited
648	648	by an accrediting entity, shall obtain preaccreditation by a preaccrediting entity by
649	649	the first weekday in August before the first school term in which the private school
650	650	begins participation in the program under this section, or by the first weekday in
651	651	May if the private school begins participation in the program during summer school.
652	652	A private school to which this paragraph applies may apply for and seek to obtain
653	653	preaccreditation from one preaccrediting entity each school year. A private school
654	654	to which this paragraph applies that fails to obtain preaccreditation as required
655	655	under this paragraph may not begin participation in the program under this section
656	656	until preaccreditation has been obtained, but the private school may apply for and
657	657	seek to obtain preaccreditation from a preaccrediting entity for a subsequent school
658	658	year. The fact that a private school has obtained preaccreditation does not require
659	659	an accrediting entity to accredit the private school.
660	660	(b) Each private school that begins participation in the program under this
661	661	section in a school year beginning on or after the effective date of this paragraph ....
662	662	[LRB inserts date], and that is not accredited by an accrediting entity by the first
663	663	weekday in August before the first school term in which the private school begins
664	664	participation in the program under this section shall do all of the following:
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687	687	23 - 15 -2023 - 2024 Legislature
688	688	LRB-5782/1
689	689	FFK:emw&wlj
690	690	SECTION 30
691	691	SENATE BILL 989
692	692	1. Apply for accreditation by an accrediting entity by the last weekday in
693	693	December of the first school year in which the private school begins participation in
694	694	the program under this section.
695	695	2. Achieve accreditation by an accrediting entity by the first weekday in
696	696	December of the 3rd school year following the first school year in which the private
697	697	school begins participation in the program under this section.
698	698	(c) 1. If a private school that is participating in the program under this section
699	699	and that is accredited to offer instruction in any elementary grade, but not any high
700	700	school grade, seeks to offer instruction in any high school grade, the private school
701	701	shall do all of the following:
702	702	a. Apply for accreditation of the high school grades by an accrediting entity by
703	703	the last weekday in December of the first school year in which the private school
704	704	offers instruction in a high school grade.
705	705	b. Achieve accreditation for the high school grades by the first weekday in
706	706	December of the 3rd school year following the first school year in which the private
707	707	school provides instruction in a high school grade.
708	708	2. If a private school that is participating in the program under this section and
709	709	that is accredited to offer instruction in any high school grade, but not any
710	710	elementary grade, seeks to offer instruction in any elementary grade, the private
711	711	school shall do all of the following:
712	712	a. Apply for accreditation of the elementary grades by an accrediting entity by
713	713	the last weekday in December of the first school year in which the private school
714	714	offers instruction in an elementary grade.
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737	737	23 - 16 -2023 - 2024 Legislature LRB-5782/1
738	738	FFK:emw&wlj
739	739	SECTION 30 SENATE BILL 989
740	740	b. Achieve accreditation for the elementary grades by the first weekday in
741	741	December of the 3rd school year following the first school year in which the private
742	742	school provides instruction in an elementary grade.
743	743	(d) 1. The governing body of a private school participating in the program under
744	744	this section, except for a private school obtaining accreditation as allowed under par.
745	745	(c), shall ensure that the private school continuously maintains accreditation from
746	746	an accrediting entity as long as the private school continues to participate in the
747	747	program under this section.
748	748	2. The governing body of a private school participating in the program under
749	749	this section shall, subject to subd. 3., annually, by the first weekday in August,
750	750	provide the department with evidence demonstrating that the private school
751	751	remains accredited for the current school year as required under this subsection.
752	752	The governing body of the private school shall include as evidence of accreditation
753	753	a notice prepared by an accrediting entity that confirms that the private school is
754	754	accredited by that entity as of the date of the notice.
755	755	3. The governing body of a private school participating in the program under
756	756	this section shall immediately notify the department if its accreditation status
757	757	changes.
758	758	(e) If a private school participating in the program under this section learns
759	759	that an accrediting entity with which the private school is maintaining accreditation,
760	760	as required under this subsection, is a disqualified accrediting organization, the
761	761	private school shall immediately notify the department in writing of this fact and
762	762	shall obtain accreditation from an accrediting entity no later than 3 years from the
763	763	date on which the private school learned that the accrediting entity is a disqualified
764	764	accrediting organization.
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789	789	25 - 17 -2023 - 2024 Legislature
790	790	LRB-5782/1
791	791	FFK:emw&wlj
792	792	SECTION 30
793	793	SENATE BILL 989
794	794	(f) If any accrediting or preaccrediting entity determines during the accrediting
795	795	or preaccrediting process that a private school does not meet all of the requirements
796	796	under s. 118.165 (1), it shall report that failure to the department.
797	797	(g) Notwithstanding pars. (a), (b), and (d), a private school that was a first-time
798	798	participant in the program under this section before the effective date of this
799	799	paragraph .... [LRB inserts date], and that qualified to participate in the program
800	800	under this section as a private school approved under s. 118.165 (2), 2023 stats., is
801	801	not required to meet the requirements under this subsection unless the private
802	802	school adds a grade or changes its curriculum. If the private school adds a grade or
803	803	changes curriculum in the 2025-26 school year or any school year thereafter, the
804	804	private school shall achieve accreditation by an accrediting entity by December 15
805	805	of the 3rd school year following the school year in which the private school adds a
806	806	grade or changes its curriculum.
807	807	(h) Notwithstanding par. (c), a private school that participated in the program
808	808	under this section in the 2024-25 school year, and for purposes of participating in
809	809	that school year satisfied the requirement under s. 115.7915 (2) (c), 2023 stats., as
810	810	an accredited private school, as required under s. 115.7915 (2) (c), 2023 stats., but
811	811	was not accredited for each grade at which the private school offered instruction
812	812	during the 2024-25 school year, shall do all of the following:
813	813	1. Apply for accreditation of all grades offered by the private school by an
814	814	accrediting entity by December 31, 2025.
815	815	2. Achieve accreditation of all grades offered by the private school by December
816	816	1, 2028.
817	817	SECTION 31. 115.7915 (4) (c) of the statutes is created to read:
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842	842	FFK:emw&wlj
843	843	SECTION 31 SENATE BILL 989
844	844	115.7915 (4) (c) If pupils enrolled in a private school participating in the
845	845	program under this section or receiving a payment under sub. (4m) will not be in
846	846	attendance at the private school on the 3rd Friday in September or the 2nd Friday
847	847	in January because of a regularly scheduled holiday or for a reason approved by the
848	848	governing body of the private school, upon request from the private school, the
849	849	department shall designate an alternative count date for the private school.
850	850	SECTION 32. 115.7915 (4m) (e) 2. of the statutes is amended to read:
851	851	115.7915 (4m) (e) 2. If a child who has been determined to be ineligible under
852	852	subd. 1. continues to attend the private school he or she attended under a scholarship
853	853	awarded under par. (a), for each school year the child attends the private school
854	854	beginning with the school year following the determination under subd. 1., the
855	855	department shall pay, from the appropriation under s. 20.255 (2) (az), to the private
856	856	school, on behalf of the child's parent or guardian, an amount equal to the
857	857	appropriate per pupil amount paid to a private school participating in a parental the
858	858	private school choice program under s. 118.60 or 119.23 in that school year. The
859	859	department shall make scholarship payments under this paragraph in accordance
860	860	with the payment schedule specified in s. 119.23 (4) (c) par. (b).
861	861	SECTION 33. 115.7915 (4m) (g) of the statutes is created to read:
862	862	115.7915 (4m) (g) Beginning in the 2025-26 school year, a private school
863	863	participating in the program under this section shall engage an independent auditor
864	864	to complete an enrollment attestation report for the September count date and for
865	865	the January count date. An independent auditor completing an enrollment
866	866	attestation report under this paragraph shall comply with the attestation standards
867	867	established by the American Institute of Certified Public Accountants. Each
868	868	enrollment attestation report shall identify at least all of the following:
869	869	1
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893	893	25 - 19 -2023 - 2024 Legislature
894	894	LRB-5782/1
895	895	FFK:emw&wlj
896	896	SECTION 33
897	897	SENATE BILL 989
898	898	1. Pupils who were not eligible for a payment under this section but for whom
899	899	the private school received a payment under this section.
900	900	2. Pupils who have incorrect data in the department's database who are
901	901	attending the private school under the program under this section.
902	902	3. Pupils attending the private school participating in the program under the
903	903	section for whom the private school did not receive a payment under this section.
904	904	SECTION 34. 115.7915 (6) (e) of the statutes is amended to read:
905	905	115.7915 (6) (e) Annually, by the last weekday in October 15 following a school
906	906	year in which a private school participated in the program under this section, submit
907	907	to the department an independent financial audit of the private school conducted by
908	908	an independent certified public accountant, accompanied by the auditor's statement
909	909	that the report is free of material misstatements and fairly presents the private
910	910	school's eligible education expenses, and beginning in the 2nd school year a private
911	911	school participates in the program under this section, a copy of a management letter
912	912	prepared by the auditor. If the private school annually received a total of at least
913	913	$100,000 under this section and ss. 118.60 and 119.23 the private school choice
914	914	program in any school year, the audit shall be prepared in accordance with generally
915	915	accepted accounting principles with allowable modifications for long-term fixed
916	916	assets. If the private school has not annually received a total of at least $100,000
917	917	under this section and ss. 118.60 and 119.23 the private school choice program in any
918	918	school year, the audit shall be prepared as prescribed by the department by rule. The
919	919	audit shall include a calculation of the private school's net eligible education
920	920	expenses and a calculation of the balance of the private school's fund for future
921	921	eligible education expenses. The auditor shall conduct his or her audit, including
922	922	determining sample sizes and evaluating financial viability, in accordance with the
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948	948	FFK:emw&wlj
949	949	SECTION 34 SENATE BILL 989
950	950	auditing standards established by the American Institute of Certified Public
951	951	Accountants. The department may not require an auditor to comply with standards
952	952	that exceed the scope of the standards established by the American Institute of
953	953	Certified Public Accountants. If a private school participating in a the program
954	954	under this section is part of an organization and the private school and the
955	955	organization share assets, liabilities, or eligible education expenses, the private
956	956	school may submit an audit of the private school or of the organization of which it is
957	957	a part. If a private school that is part of an organization with which it shares assets,
958	958	liabilities, or eligible education expenses submits an audit of only the private school,
959	959	the independent auditor shall use his or her professional judgment to allocate any
960	960	shared assets, liabilities, and eligible education expenses between the organization
961	961	and the private school. If a private school participating in the program under this
962	962	section also accepts pupils under s. 118.60 or 119.23 the private school choice
963	963	program, the private school may submit one comprehensive financial audit to satisfy
964	964	the requirements of this paragraph and ss. 118.60 (7) (am) 2m. and 119.23 (7) (am)
965	965	2m., whichever are applicable the private school choice program. The private school
966	966	shall include in the comprehensive financial audit the information specified under
967	967	ss. 118.60 (7) (am) 2m. and 119.23 (7) (am) 2m. s. 118.83 (2). Each private school
968	968	participating in the program under this section is subject to uniform financial
969	969	accounting standards established by the department.
970	970	SECTION 35. 115.7915 (6) (em) of the statutes is created to read:
971	971	115.7915 (6) (em) Beginning in the 2025-26 school year, if the private school
972	972	participates in the private school choice program, received at least $50,000 in
973	973	scholarships under this section in any previous school year, or expects to receive
974	974	$50,000 in scholarships under this section during a school year, submit to the
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1000	1000	LRB-5782/1
1001	1001	FFK:emw&wlj
1002	1002	SECTION 35
1003	1003	SENATE BILL 989
1004	1004	department evidence of sound fiscal and internal control practices as prescribed by
1005	1005	the department by rule by the last weekday in October following the school year in
1006	1006	which the private school participated in the program under this section. An
1007	1007	independent auditor engaged to evaluate the private school's fiscal and internal
1008	1008	control practices shall conduct the evaluation, including determining sample sizes,
1009	1009	in accordance with attestation standards established by the American Institute of
1010	1010	Certified Public Accountants.
1011	1011	SECTION 36. 115.7915 (6) (i) of the statutes is amended to read:
1012	1012	115.7915 (6) (i) Regularly report to the parent of a child attending the private
1013	1013	school and receiving a scholarship under this section, except for the parent of a child
1014	1014	who has been determined to no longer have a disability, on the child's progress.
1015	1015	SECTION 37. 115.7915 (6) (k) of the statutes is amended to read:
1016	1016	115.7915 (6) (k) Annually, on or before the first Monday after the 3rd Friday
1017	1017	in September 15, file with the department a report stating its summer daily
1018	1018	attendance for each day of summer school for the purpose of sub. (4p).
1019	1019	SECTION 38. 115.7915 (6) (L) of the statutes is created to read:
1020	1020	115.7915 (6) (L) 1. a. Beginning in the 2025-26 school year, except as provided
1021	1021	in subd. 1. b. or c. or 2., ensure that all of the private school's teachers have a teaching
1022	1022	license issued by the department or a bachelor's degree or a degree or educational
1023	1023	credential higher than a bachelor's degree, including a master's or doctorate, from
1024	1024	a nationally or regionally accredited institution of higher education.
1025	1025	b. A teacher employed by the private school who teaches only courses in
1026	1026	rabbinical studies is not required to have a bachelor's degree or a teaching license
1027	1027	issued by the department.
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1052	1052	FFK:emw&wlj
1053	1053	SECTION 38 SENATE BILL 989
1054	1054	c. An individual employed by a private school who holds a substitute teacher
1055	1055	permit issued under s. 118.19 (7m) may teach at the private school as allowed under
1056	1056	the substitute teacher permit.
1057	1057	2. Any teacher employed on July 1, 2025, by a private school participating in
1058	1058	the program under this section, who has been teaching for at least the 5 consecutive
1059	1059	years immediately preceding July 1, 2025, and who does not satisfy the requirements
1060	1060	under subd. 1. on July 1, 2025, shall apply to the department on a form prepared by
1061	1061	the department for a temporary, nonrenewable waiver from the requirements under
1062	1062	subd. 1. The department shall promulgate rules to implement this subdivision
1063	1063	including the form of the application and the process by which the waiver application
1064	1064	will be reviewed. The application form shall require the applicant to submit a plan
1065	1065	for satisfying the requirements under subd. 1., including the name of the accredited
1066	1066	institution of higher education at which the teacher is pursuing or will pursue the
1067	1067	bachelor's degree and the anticipated date on which the teacher expects to complete
1068	1068	the bachelor's degree. No waiver granted under this subdivision is valid after July
1069	1069	1, 2030.
1070	1070	3. a. Beginning in the 2025-26 school year, except as provided in subd. 3. b.,
1071	1071	ensure that all of the private school's administrators have at least a bachelor's degree
1072	1072	from a nationally or regionally accredited institution of higher education or a
1073	1073	teaching license or administrator license issued by the department.
1074	1074	b. An administrator of the private school that prepares and trains pupils
1075	1075	attending the private school in rabbinical studies is not required to have a bachelor's
1076	1076	degree or a teaching license or administrator license issued by the department.
1077	1077	4. Beginning in the 2025-26 school year, ensure that all of the private school's
1078	1078	teacher's aides satisfy at least one of the following:
1079	1079	1
1080	1080	2
1081	1081	3
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1103	1103	25 - 23 -2023 - 2024 Legislature
1104	1104	LRB-5782/1
1105	1105	FFK:emw&wlj
1106	1106	SECTION 38
1107	1107	SENATE BILL 989
1108	1108	a. The individual graduated from high school.
1109	1109	b. The individual obtained a declaration of equivalency of high school
1110	1110	graduation.
1111	1111	c. The individual obtained a high school diploma by the administrator of a
1112	1112	home-based private educational program.
1113	1113	d. The individual obtained a general educational development certificate of
1114	1114	high school equivalency.
1115	1115	e. The individual obtained a degree or educational credential higher than a
1116	1116	high school diploma, declaration of equivalency of high school graduation, or general
1117	1117	educational development certificate of high school equivalency.
1118	1118	SECTION 39. 115.7915 (6) (m) of the statutes is created to read:
1119	1119	115.7915 (6) (m) Beginning in the 2025-26 school year, ensure that a pupil
1120	1120	attending the private school under this section is not required to participate in any
1121	1121	religious activity if the pupil's parent or guardian submits to the pupil's teacher or
1122	1122	the private school's principal a written request that the pupil be exempt from
1123	1123	religious activities.
1124	1124	SECTION 40. 115.7915 (6) (n) of the statutes is created to read:
1125	1125	115.7915 (6) (n) Beginning in the 2025-26 school year, if the private school
1126	1126	offers virtual instruction to pupils receiving a scholarship under this section, ensure
1127	1127	that a teacher is responsible for all of the following for each pupil receiving the virtual
1128	1128	instruction:
1129	1129	1. Improving learning by planned instruction.
1130	1130	2. Diagnosing learning needs.
1131	1131	3. Prescribing content delivery through class activities.
1132	1132	4. Assessing learning.
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1158	1158	FFK:emw&wlj
1159	1159	SECTION 40 SENATE BILL 989
1160	1160	5. Reporting outcomes to administrators and parents and guardians.
1161	1161	6. Evaluating the effects of instruction.
1162	1162	SECTION 41. 115.7915 (8) (am) of the statutes is created to read:
1163	1163	115.7915 (8) (am) The department may bar a private school from participating
1164	1164	in the program under this section in the following school year if the department
1165	1165	determines that any of the following has occurred:
1166	1166	1. The private school has not complied with the requirements under sub. (2m)
1167	1167	(d).
1168	1168	2. The private school's application for accreditation has been denied by the
1169	1169	accrediting entity.
1170	1170	3. The private school has not achieved accreditation within the periods allowed
1171	1171	under sub. (2m) (a) and (b).
1172	1172	SECTION 42. 115.7915 (8) (ap) of the statutes is created to read:
1173	1173	115.7915 (8) (ap) 1. If the department determines that any of the following has
1174	1174	occurred, the department shall issue an order barring a private school's participation
1175	1175	in the program under this section at the end of the current school year:
1176	1176	a. The private school participating in the program under this section failed to
1177	1177	continuously maintain accreditation as required under sub. (2m) (d).
1178	1178	b. The governing body of the private school participating in the program under
1179	1179	this section has withdrawn the private school from the accreditation process.
1180	1180	c. The private school's accreditation has been revoked, denied, or terminated
1181	1181	by an accrediting entity.
1182	1182	2. A private school whose participation in the program under this section is
1183	1183	barred under subd. 1. may not participate in the program under this section until the
1184	1184	governing body of the private school demonstrates to the satisfaction of the
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1210	1210	LRB-5782/1
1211	1211	FFK:emw&wlj
1212	1212	SECTION 42
1213	1213	SENATE BILL 989
1214	1214	department that it has obtained accreditation from an accrediting entity, provided
1215	1215	the accreditation is from an accrediting entity other than the accrediting entity with
1216	1216	which the private school failed to continuously maintain accreditation or, if the
1217	1217	private school's accreditation was revoked, denied, or terminated, other than the
1218	1218	accrediting entity that revoked, denied, or terminated the private school's
1219	1219	accreditation.
1220	1220	SECTION 43. 115.7915 (8m) of the statutes is repealed.
1221	1221	SECTION 44. Subchapter I (title) of chapter 118 [precedes 118.001] of the
1222	1222	statutes is created to read:
1223	1223	CHAPTER 118
1224	1224	SUBCHAPTER I
1225	1225	SCHOOL OPERA TIONS
1226	1226	SECTION 45. 118.015 (1m) (c) and (d) of the statutes, as created by 2023
1227	1227	Wisconsin Act 20, are amended to read:
1228	1228	118.015 (1m) (c) The department shall award grants to reimburse school
1229	1229	boards, operators of charter schools, and governing bodies of private schools
1230	1230	participating in a the private school choice program under s. 118.60 or 119.23 that
1231	1231	adopt a literacy curriculum from the recommendations adopted under par. (b) after
1232	1232	January 1, 2024. A grant under this paragraph shall be an amount equal to one-half
1233	1233	of the costs of purchasing the literacy curriculum and instructional materials
1234	1234	adopted from the recommendations adopted under par . (b). If the amount
1235	1235	appropriated for this purpose is insufficient to pay the full amount to all grant
1236	1236	recipients under this paragraph, the department shall prorate the grant awards
1237	1237	among all grant recipients.
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1262	1262	FFK:emw&wlj
1263	1263	SECTION 45 SENATE BILL 989
1264	1264	(d) Beginning on July 21, 2023, no school board, operator of a charter school,
1265	1265	or governing body of a private school participating in a the private school choice
1266	1266	program under s. 118.60 or 119.23 may purchase curricula or instructional materials
1267	1267	that include 3-cueing.
1268	1268	SECTION 46. 118.015 (5) of the statutes, as created by 2023 Wisconsin Act 20,
1269	1269	is amended to read:
1270	1270	118.015 (5) PROHIBITED INSTRUCTIONAL PRACTICES; 3-CUEING. Beginning in the
1271	1271	2024-25 school year, no public school, including a charter school, or private school
1272	1272	participating in a the private school choice program under s. 118.60 or 119.23 may
1273	1273	provide instruction that incorporates 3-cueing in the core reading curriculum for
1274	1274	grades kindergarten to 3 or in supplemental materials, including materials used for
1275	1275	reading intervention, for pupils in grades kindergarten to 3.
1276	1276	SECTION 47. 118.124 (1) (a) of the statutes, as created by 2023 Wisconsin Act
1277	1277	12, is amended to read:
1278	1278	118.124 (1) (a) “Participating private high school" means a private school
1279	1279	participating in a parental the private school choice program under s. 118.60 or
1280	1280	119.23 that operates high school grades.
1281	1281	SECTION 48. 118.125 (4) of the statutes is amended to read:
1282	1282	118.125 (4) TRANSFER OF RECORDS. No later than the next working day, a school
1283	1283	district, a private school participating in the private school choice program under s.
1284	1284	118.60 or in the program under s. 119.23, and the governing body of a private school
1285	1285	that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for
1286	1286	the operation and general management of a school transferred to an opportunity
1287	1287	schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II
1288	1288	of ch. 119 shall transfer to another school, including a private or tribal school, or
1289	1289	1
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1315	1315	FFK:emw&wlj
1316	1316	SECTION 48
1317	1317	SENATE BILL 989
1318	1318	school district all pupil records relating to a specific pupil if the transferring school
1319	1319	district or private school has received written notice from the pupil if he or she is an
1320	1320	adult or his or her parent or guardian if the pupil is a minor that the pupil intends
1321	1321	to enroll in the other school or school district or written notice from the other school
1322	1322	or school district that the pupil has enrolled or from a court that the pupil has been
1323	1323	placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured
1324	1324	residential care center for children and youth, as defined in s. 938.02 (15g). In this
1325	1325	subsection, “school" and “school district" include any juvenile correctional facility,
1326	1326	secured residential care center for children and youth, adult correctional institution,
1327	1327	mental health institute, or center for the developmentally disabled that provides an
1328	1328	educational program for its residents instead of or in addition to that which is
1329	1329	provided by public, private, and tribal schools.
1330	1330	SECTION 49. 118.30 (1g) (a) 3. of the statutes is amended to read:
1331	1331	118.30 (1g) (a) 3. The governing body of each private school participating in the
1332	1332	program under s. 119.23 and the governing body of a private school that, pursuant
1333	1333	to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation
1334	1334	and general management of a school transferred to an opportunity schools and
1335	1335	partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall
1336	1336	adopt pupil academic standards in mathematics, science, reading and writing,
1337	1337	geography, and history. The governing body of the private school may adopt the pupil
1338	1338	academic standards issued by the governor as executive order no. 326, dated January
1339	1339	13, 1998.
1340	1340	SECTION 50. 118.30 (1g) (a) 4. of the statutes is amended to read:
1341	1341	118.30 (1g) (a) 4. The governing body of each private school participating in the
1342	1342	private school choice program under s. 118.60 shall adopt pupil academic standards
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1368	1368	FFK:emw&wlj
1369	1369	SECTION 50 SENATE BILL 989
1370	1370	in mathematics, science, reading and writing, geography, and history. The governing
1371	1371	body of the private school may adopt the pupil academic standards issued by the
1372	1372	governor as executive order no. 326, dated January 13, 1998.
1373	1373	SECTION 51. 118.30 (1s) (intro.) of the statutes is amended to read:
1374	1374	118.30 (1s) (intro.) Annually, the governing body of each private school
1375	1375	participating in the program under s. 119.23, other than a private school at which
1376	1376	fewer than 20 pupils in grades 3 to 12 are attending the school under the program
1377	1377	under s. 119.23, and the governing body of a private school that, pursuant to s.
1378	1378	115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and
1379	1379	general management of a school transferred to an opportunity schools and
1380	1380	partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall
1381	1381	do all of the following:
1382	1382	SECTION 52. 118.30 (1s) (a) of the statutes is amended to read:
1383	1383	118.30 (1s) (a) Administer the 4th grade examination adopted or approved by
1384	1384	the state superintendent under sub. (1) to all pupils attending the 4th grade in the
1385	1385	private school under s. 119.23.
1386	1386	SECTION 53. 118.30 (1s) (b) of the statutes is amended to read:
1387	1387	118.30 (1s) (b) Administer the 8th grade examination adopted or approved by
1388	1388	the state superintendent under sub. (1) to all pupils attending the 8th grade in the
1389	1389	private school under s. 119.23.
1390	1390	SECTION 54. 118.30 (1s) (bm) of the statutes is amended to read:
1391	1391	118.30 (1s) (bm) Beginning in the 2014-15 school year, in In the spring session,
1392	1392	administer the 9th grade examination adopted or approved by the state
1393	1393	superintendent under sub. (1) to all pupils attending the 9th grade in the private
1394	1394	school under s. 119.23.
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1422	1422	SECTION 55
1423	1423	SENATE BILL 989
1424	1424	SECTION 55. 118.30 (1s) (c) of the statutes is amended to read:
1425	1425	118.30 (1s) (c) In the spring session, administer the 10th grade examination
1426	1426	adopted or approved by the state superintendent under sub. (1) to all pupils
1427	1427	attending the 10th grade in the private school under s. 119.23.
1428	1428	SECTION 56. 118.30 (1s) (cm) of the statutes is amended to read:
1429	1429	118.30 (1s) (cm) Beginning in the 2014-15 school year in In the spring session,
1430	1430	administer the 11th grade examination adopted or approved by the state
1431	1431	superintendent under sub. (1) to all pupils attending the 11th grade in the private
1432	1432	school under s. 119.23.
1433	1433	SECTION 57. 118.30 (1s) (d) of the statutes is amended to read:
1434	1434	118.30 (1s) (d) Administer to pupils attending the private school under s.
1435	1435	119.23 all other examinations in reading, mathematics, and science that are
1436	1436	required to be administered to public school pupils under 20 USC 6311 (b) (2).
1437	1437	SECTION 58. 118.30 (1t) of the statutes is amended to read:
1438	1438	118.30 (1t) Annually, the governing body of each private school participating
1439	1439	in the private school choice program under s. 118.60, other than a private school at
1440	1440	which fewer than 20 pupils in grades 3 to 12 are attending the school under the
1441	1441	private school choice program under s. 118.60, shall do all of the following:
1442	1442	(a) Administer the 4th grade examination adopted or approved by the state
1443	1443	superintendent under sub. (1) to all pupils attending the 4th grade in the private
1444	1444	school under s. 118.60 the private school choice program.
1445	1445	(b) Administer the 8th grade examination adopted or approved by the state
1446	1446	superintendent under sub. (1) to all pupils attending the 8th grade in the private
1447	1447	school under s. 118.60 the private school choice program.
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1473	1473	SECTION 58 SENATE BILL 989
1474	1474	(bm) Beginning in the 2014-15 school year, in In the spring session, administer
1475	1475	the 9th grade examination adopted or approved by the state superintendent under
1476	1476	sub. (1) to all pupils attending the 9th grade in the private school under s. 118.60 the
1477	1477	private school choice program.
1478	1478	(c) In the spring session, administer the 10th grade examination adopted or
1479	1479	approved by the state superintendent under sub. (1) to all pupils attending the 10th
1480	1480	grade in the private school under s. 118.60 the private school choice program.
1481	1481	(cm) Beginning in the 2014-15 school year, in In the spring session, administer
1482	1482	the 11th grade examination adopted or approved by the state superintendent under
1483	1483	sub. (1) to all pupils attending the 11th grade in the private school under s. 118.60
1484	1484	the private school choice program.
1485	1485	(d) Administer to pupils attending the private school under s. 118.60 the
1486	1486	private school choice program all other examinations in reading, mathematics, and
1487	1487	science that are required to be administered to public school pupils under 20 USC
1488	1488	6311 (b) (2).
1489	1489	(e) If the governing body of the private school maintains an Internet site a
1490	1490	website for the school, annually publish information on that Internet site website
1491	1491	about the examinations administered under this subsection to pupils in the school.
1492	1492	SECTION 59. 118.30 (2) (b) 1. of the statutes is amended to read:
1493	1493	118.30 (2) (b) 1. If a pupil is enrolled in a special education program under
1494	1494	subch. V of ch. 115, the school board, operator of the charter school under s. 118.40
1495	1495	(2r) or (2x), or governing body of the private school participating in the private school
1496	1496	choice program under s. 118.60, or governing body of the private school participating
1497	1497	in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).
1498	1498	SECTION 60. 118.30 (2) (b) 2. of the statutes is amended to read:
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1526	1526	SECTION 60
1527	1527	SENATE BILL 989
1528	1528	118.30 (2) (b) 2. According to criteria established by the state superintendent
1529	1529	by rule, the school board, operator of the charter school under s. 118.40 (2r) or (2x),
1530	1530	or governing body of the private school participating in the private school choice
1531	1531	program under s. 118.60, or governing body of the private school participating in the
1532	1532	program under s. 119.23 may determine not to administer an examination under this
1533	1533	section to a limited-English speaking pupil, as defined under s. 115.955 (7), may
1534	1534	permit the pupil to be examined in his or her native language, or may modify the
1535	1535	format and administration of an examination for such pupils.
1536	1536	SECTION 61. 118.30 (2) (b) 5. of the statutes is repealed.
1537	1537	SECTION 62. 118.30 (2) (b) 6. of the statutes is amended to read:
1538	1538	118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing
1539	1539	body of a private school participating in the private school choice program under s.
1540	1540	118.60 shall excuse the pupil from taking an examination administered under sub.
1541	1541	(1t) (a) to (cm) or s. 118.301 (3).
1542	1542	SECTION 63. 118.30 (5m) of the statutes is amended to read:
1543	1543	118.30 (5m) When determining the percentage of pupils participating in the
1544	1544	private school choice program under s. 119.23 who performed at designated
1545	1545	proficiency levels on the examinations administered as required under sub. (1s) (1t)
1546	1546	or s. 118.301 (3), the department shall consider only the pupils participating in the
1547	1547	private school choice program under s. 119.23 to whom the examinations were
1548	1548	administered at each grade level, and shall exclude from consideration those pupils
1549	1549	participating in the private school choice program under s. 119.23 who were excused
1550	1550	from taking the examinations under sub. (2) (b) 5. 6.
1551	1551	SECTION 64. 118.301 (3) (c) of the statutes is repealed.
1552	1552	SECTION 65. 118.301 (3) (d) of the statutes is amended to read:
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1579	1579	SECTION 65 SENATE BILL 989
1580	1580	118.301 (3) (d) Notwithstanding s. 118.30 (1t), beginning in the first full school
1581	1581	year following the date on which the research center submitted the list of approved
1582	1582	examinations to the department under sub. (2) (a), the governing body of a private
1583	1583	school participating in a the private school choice program under s. 118.60 that is
1584	1584	required to administer an examination under s. 118.30 (1t) is not required to
1585	1585	administer an examination adopted or approved by the state superintendent under
1586	1586	s. 118.30 (1) in any grade for which an examination is required to be administered
1587	1587	under s. 118.30 if the governing body administers in that grade an alternative
1588	1588	examination approved by the research center under sub. (2). If the governing body
1589	1589	of the private school elects to administer an alternative examination under this
1590	1590	paragraph, the governing body shall notify the department of its intent to administer
1591	1591	the examination and shall publish that fact and information about the examination
1592	1592	on the school's Internet site website.
1593	1593	SECTION 66. 118.301 (4) (a) of the statutes is amended to read:
1594	1594	118.301 (4) (a) If a school board, an operator of a charter school under s. 118.40
1595	1595	(2r) or (2x), or the governing body of a private school participating in a the private
1596	1596	school choice program under s. 118.60 or 119.23 administers an alternative
1597	1597	examination under sub. (3), the school board, operator, or governing body shall
1598	1598	submit the examination results to the research center.
1599	1599	SECTION 67. 118.33 (1) (f) 2m. of the statutes is amended to read:
1600	1600	118.33 (1) (f) 2m. The governing body of each private school participating in the
1601	1601	program under s. 119.23 and the governing body of a private school that, pursuant
1602	1602	to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation
1603	1603	and general management of a school transferred to an opportunity schools and
1604	1604	partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall
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1632	1632	SECTION 67
1633	1633	SENATE BILL 989
1634	1634	develop and periodically review and revise a policy specifying criteria for granting
1635	1635	a high school diploma to pupils attending the private school under s. 119.23 or the
1636	1636	school transferred to an opportunity schools and partnership program under s.
1637	1637	119.33, subch. IX of ch. 115, or subch. II of ch. 119. The criteria shall include the
1638	1638	pupil's academic performance, successful completion of the civics test under sub.
1639	1639	(1m) (a), and the recommendations of teachers.
1640	1640	SECTION 68. 118.33 (1) (f) 2r. of the statutes is amended to read:
1641	1641	118.33 (1) (f) 2r. The governing body of each private school participating in the
1642	1642	private school choice program under s. 118.60 shall develop and periodically review
1643	1643	and revise a policy specifying criteria for granting a high school diploma to pupils
1644	1644	attending the private school under s. 118.60 the private school choice program. The
1645	1645	criteria shall include the pupil's academic performance, successful completion of the
1646	1646	civics test under sub. (1m) (a), and the recommendations of teachers.
1647	1647	SECTION 69. 118.33 (1) (f) 3. of the statutes is amended to read:
1648	1648	118.33 (1) (f) 3. Neither a school board nor an operator of a charter school under
1649	1649	s. 118.40 (2r) or (2x) nor an individual or group or person that, pursuant to s. 115.999
1650	1650	(3), 119.33 (2) (c) 1. or 2., or 119.9002 (3) (a) or (b), is responsible for the operation and
1651	1651	general management of a school transferred to an opportunity schools and
1652	1652	partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 may
1653	1653	grant a high school diploma to any pupil unless the pupil has satisfied the criteria
1654	1654	specified in the school board's or charter school's policy under subd. 1. or 2. Neither
1655	1655	the governing body of a private school participating in the program under s. 119.23
1656	1656	nor a A governing body of a private school that, pursuant to s. 115.999 (3), 119.33
1657	1657	(2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management
1658	1658	of a school transferred to an opportunity schools and partnership program under s.
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1685	1685	SECTION 69 SENATE BILL 989
1686	1686	119.33, subch. IX of ch. 115, or subch. II of ch. 119 may not grant a high school diploma
1687	1687	to any pupil attending the private school under s. 119.23 or the school transferred
1688	1688	to an opportunity schools and partnership program under s. 119.33, subch. IX of ch.
1689	1689	115, or subch. II of ch. 119 unless the pupil has satisfied the criteria specified in the
1690	1690	governing body's policy under subd. 2m. The governing body of a private school
1691	1691	participating in the private school choice program under s. 118.60 may not grant a
1692	1692	high school diploma to any pupil attending the private school under s. 118.60 the
1693	1693	private school choice program unless the pupil has satisfied the criteria specified in
1694	1694	the governing body's policy under subd. 2r.
1695	1695	SECTION 70. 118.33 (1m) (a) 1. of the statutes is amended to read:
1696	1696	118.33 (1m) (a) 1. Beginning in the 2016-17 school year, no No school board,
1697	1697	operator of a charter school under s. 118.40 (2r) or (2x), or governing body of a private
1698	1698	school participating in a the private school choice program under s. 118.60 or 119.23
1699	1699	may, except as provided in subd. 2. and subject to the policies under sub. (2) (m), grant
1700	1700	a high school diploma to any pupil unless the pupil takes, during the high school
1701	1701	grades, a civics test comprised of 100 questions that are identical to the 100 questions
1702	1702	that may be asked of an individual during the process of applying for U.S. citizenship
1703	1703	by the United States Citizenship and Immigration Services and the pupil correctly
1704	1704	answers at least 65 of those questions.
1705	1705	SECTION 71. 118.33 (1m) (a) 2. a. of the statutes is amended to read:
1706	1706	118.33 (1m) (a) 2. a. Except as provided in subd. 2. b., a school board, operator
1707	1707	of a charter school under s. 118.40 (2r) or (2x), and governing body of a private school
1708	1708	participating in a the private school choice program under s. 118.60 or 119.23 shall
1709	1709	require a pupil for whom an individualized education program under s. 115.787 is
1710	1710	in effect and a parentally placed child with a disability, as defined in 34 CFR 300.130,
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1738	1738	SECTION 71
1739	1739	SENATE BILL 989
1740	1740	to complete the civics test described under subd. 1. but may not condition graduation
1741	1741	on the successful completion of the test.
1742	1742	SECTION 72. 118.33 (1m) (a) 2. b. of the statutes is amended to read:
1743	1743	118.33 (1m) (a) 2. b. If a pupil's individualized education program under s.
1744	1744	115.787 or a services plan, as defined in 34 CFR 300.37, includes a statement that
1745	1745	it is not appropriate to administer the civics test under subd. 1. to the pupil, a school
1746	1746	board, operator of a charter school under s. 118.40 (2r) or (2x), and governing body
1747	1747	of a private school participating in a the private school choice program under s.
1748	1748	118.60 or 119.23 may not make completion of the civics test described under subd.
1749	1749	1. a condition of graduation for that pupil.
1750	1750	SECTION 73. 118.33 (1m) (a) 3. of the statutes is amended to read:
1751	1751	118.33 (1m) (a) 3. A school board, operator of a charter school under s. 118.40
1752	1752	(2r) or (2x), and governing body of a private school participating in a the private
1753	1753	school choice program under s. 118.60 or 119.23 shall permit a limited-English
1754	1754	proficient pupil, as defined in s. 115.955 (7), to take the civics test described under
1755	1755	subd. 1. in the pupil's language of choice.
1756	1756	SECTION 74. 118.33 (1m) (b) of the statutes is amended to read:
1757	1757	118.33 (1m) (b) A school board, operator of a charter school under s. 118.40 (2r)
1758	1758	or (2x), and governing body of a private school participating in a the private school
1759	1759	choice program under s. 118.60 or 119.23 may determine the format of the civics test
1760	1760	required under this subsection and when in the school year to administer the test.
1761	1761	SECTION 75. 118.33 (6) (c) of the statutes, as affected by 2023 Wisconsin Act 20,
1762	1762	is repealed.
1763	1763	SECTION 76. 118.33 (6) (cr) of the statutes, as affected by 2023 Wisconsin Act
1764	1764	20, is amended to read:
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1791	1791	SECTION 76 SENATE BILL 989
1792	1792	118.33 (6) (cr) 1. The governing body of each private school participating in the
1793	1793	private school choice program under s. 118.60 shall adopt a written policy specifying
1794	1794	criteria for promoting a pupil who is attending the private school under s. 118.60 the
1795	1795	private school choice program from the 4th grade to the 5th grade and from the 8th
1796	1796	grade to the 9th grade. The criteria shall include the pupil's score on the examination
1797	1797	administered under s. 118.30 (1t) (a) or (b) or s. 118.301 (3), unless the pupil has been
1798	1798	excused from taking the examination under s. 118.30 (2) (b); the pupil's academic
1799	1799	performance; the recommendations of teachers, which shall be based solely on the
1800	1800	pupil's academic performance; and any other academic criteria specified by the
1801	1801	governing body of the private school.
1802	1802	2. The governing body of a private school participating in the private school
1803	1803	choice program under s. 118.60 may not promote a 4th grade pupil who is attending
1804	1804	the private school under s. 118.60 the private school choice program to the 5th grade,
1805	1805	and may not promote an 8th grade pupil who is attending the private school under
1806	1806	s. 118.60 the private school choice program to the 9th grade, unless the pupil satisfies
1807	1807	the criteria for promotion specified in the governing body's policy under subd. 1.
1808	1808	3. By July 1, 2025, the governing body of each private school participating in
1809	1809	the private school choice program under s. 118.60 shall adopt a written policy
1810	1810	specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that
1811	1811	includes at least a requirement to provide to a pupil promoted to 4th grade who
1812	1812	scored below grade-level in reading on the examination under s. 121.02 (1) (r) the
1813	1813	services described in sub. (5m) (a) 1. to 3. and a good cause exception similar to the
1814	1814	exception under sub. (5m) (b). Beginning on September 1, 2027, the governing body
1815	1815	of a private school participating in the private school choice program under s. 118.60
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1842	1842	SECTION 76
1843	1843	SENATE BILL 989
1844	1844	may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the
1845	1845	criteria for promotion specified in the governing body's policy under this subdivision.
1846	1846	SECTION 77. 118.38 (4) of the statutes is repealed.
1847	1847	SECTION 78. 118.40 (2r) (e) 2p. a. of the statutes is amended to read:
1848	1848	118.40 (2r) (e) 2p. a. Add the amounts appropriated in the current fiscal year
1849	1849	under s. 20.255 (2), except s. 20.255 (2) (ac), (aw), (az), (bb), (dj), (du), (fm), (fp), (fq),
1850	1850	(fr), (fu), (k), and (m); and s. 20.505 (4) (es); and the amount, as determined by the
1851	1851	secretary of administration, of the appropriation under s. 20.505 (4) (s) allocated for
1852	1852	payments to telecommunications providers under contracts with school districts and
1853	1853	cooperative educational service agencies under s. 16.971 (13).
1854	1854	SECTION 79. 118.56 (1) of the statutes is amended to read:
1855	1855	118.56 (1) Require a pupil in the program to work at least 280 hours per school
1856	1856	year for an employer that complies with sub. (3). Hours of instruction may not be
1857	1857	used to satisfy the work requirements under this subsection. Hours that fulfill the
1858	1858	work requirements under this subsection shall be counted as hours of direct pupil
1859	1859	instruction, as provided under ss. 118.60 (2) (a) 8. and 119.23 (2) (a) 8. s. 118.79 (1).
1860	1860	SECTION 80. 118.57 (1) of the statutes is amended to read:
1861	1861	118.57 (1) Annually, by January 31, each school board shall publish as a class
1862	1862	1 notice, under ch. 985, and post on its Internet site website a description of the
1863	1863	educational options available to children in the school district, including public
1864	1864	schools, private schools participating in a parental the private school choice
1865	1865	program, charter schools, virtual schools, full-time or part-time open enrollment in
1866	1866	a nonresident school district, the youth apprenticeship program under s. 106.13, and
1867	1867	the early college credit program. A school board that does not operate high school
1868	1868	1
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1892	1892	FFK:emw&wlj
1893	1893	SECTION 80 SENATE BILL 989
1894	1894	grades is not required to include an educational option offered only to high school
1895	1895	pupils in a description of educational options under this subsection.
1896	1896	SECTION 81. 118.57 (2) of the statutes is amended to read:
1897	1897	118.57 (2) The school board shall include in the notice under sub. (1) the most
1898	1898	recent performance category assigned under s. 115.385 (1) (b) to each school within
1899	1899	the school district boundaries, including charter schools established under s. 118.40
1900	1900	(2r) or (2x) and private schools participating in a parental the private school choice
1901	1901	program under s. 118.60 or 119.23. The notice published by the school board shall
1902	1902	inform parents that the full school and school district accountability report is
1903	1903	available on the school board's Internet site website.
1904	1904	SECTION 82. 118.60 (title) and (1) (am) of the statutes are repealed.
1905	1905	SECTION 83. 118.60 (1) (intro.), (ab), (ad), (af), (ag), (bn), (c), (cm), (d) and (g) of
1906	1906	the statutes are renumbered 118.70 (intro.), (1), (2), (4), (5), (10), (13), (14), (15) and
1907	1907	(19), and 118.70 (intro.), (2), (4), (5) (intro.) and (c), (10) (a) (intro.) and (b), (13) and
1908	1908	(14), as renumbered, are amended to read:
1909	1909	118.70 Definitions. (intro.) In this section subchapter:
1910	1910	(2) “Administrator" means the superintendent, supervising principal,
1911	1911	executive director, or other person who acts as the administrative head of a
1912	1912	participating private school participating in the program under this section.
1913	1913	(4) “Disqualified accrediting organization" means an accrediting organization
1914	1914	that is not an accrediting entity or a member of or otherwise sanctioned by an
1915	1915	accrediting entity.
1916	1916	(5) (intro.) “Disqualified person" means a person who, when a private school
1917	1917	was barred or terminated from participation in the choice program under this section
1918	1918	1
1919	1919	2
1920	1920	3
1921	1921	4
1922	1922	5
1923	1923	6
1924	1924	7
1925	1925	8
1926	1926	9
1927	1927	10
1928	1928	11
1929	1929	12
1930	1930	13
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1932	1932	15
1933	1933	16
1934	1934	17
1935	1935	18
1936	1936	19
1937	1937	20
1938	1938	21
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1940	1940	23
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1942	1942	LRB-5782/1
1943	1943	FFK:emw&wlj
1944	1944	SECTION 83
1945	1945	SENATE BILL 989
1946	1946	by an order issued under sub. (10) s. 118.85 or s. 118.60 (10), 2023 stats., or s. 119.23
1947	1947	(10), 2023 stats., satisfied at least one of the following:
1948	1948	(c) Was responsible for an action or circumstance that led to the private school
1949	1949	being barred or terminated from participation in the choice program under this
1950	1950	section.
1951	1951	(10) (a) (intro.) Except as provided in subd. 2. par. (b), “new private school"
1952	1952	means a school that qualifies as a private school under s. 115.001 (3r) and that
1953	1953	satisfies either of the following:
1954	1954	(b) “New private school" does not include a private school the governing body
1955	1955	of which operates or manages a private school that is participating in the choice
1956	1956	program under this section or under s. 119.23 if all of the following apply:
1957	1957	1. No payment has been withheld from any private school operated or managed
1958	1958	by the governing body under sub. s. 118.85 or s. 118.60 (10) (d) or, 2023 stats., or s.
1959	1959	119.23 (10) (d), 2023 stats., in the 3 immediately preceding school years.
1960	1960	2. No order barring any private school operated or managed by the governing
1961	1961	body from participating in the choice program under this section or s. 119.23 has been
1962	1962	issued under sub. s. 118.85 or s. 118.60 (10) (a), (am), (ar), or (b) or under, 2023 stats.,
1963	1963	or s. 119.23 (10) (a), (am), (ar), or (b), 2023 stats., in the 3 immediately preceding
1964	1964	school years.
1965	1965	(13) “Preaccreditation" means the review and approval of an educational plan.
1966	1966	Review of an education educational plan includes consideration of whether the
1967	1967	school submitting the plan meets the requirements under s. 118.165 (1). The fact
1968	1968	that a private school has obtained preaccreditation does not require an accrediting
1969	1969	entity to accredit the private school.
1970	1970	1
1971	1971	2
1972	1972	3
1973	1973	4
1974	1974	5
1975	1975	6
1976	1976	7
1977	1977	8
1978	1978	9
1979	1979	10
1980	1980	11
1981	1981	12
1982	1982	13
1983	1983	14
1984	1984	15
1985	1985	16
1986	1986	17
1987	1987	18
1988	1988	19
1989	1989	20
1990	1990	21
1991	1991	22
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1994	1994	FFK:emw&wlj
1995	1995	SECTION 83 SENATE BILL 989
1996	1996	(14) “Preaccrediting entity" means the Institute for the Transformation of
1997	1997	Learning at Marquette University, Wisconsin North Central Association, Wisconsin
1998	1998	Religious and Independent Schools Accreditation, Independent Schools Association
1999	1999	of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation,
2000	2000	National Lutheran School Accreditation, Wisconsin Association of Christian
2001	2001	Schools, Christian Schools International, Association of Christian Schools
2002	2002	International, and the diocese or archdiocese within which a private school is located.
2003	2003	SECTION 84. 118.60 (2) (a) (intro.) of the statutes is renumbered 118.72 (1)
2004	2004	(intro.) and amended to read:
2005	2005	118.72 (1) ELIGIBILITY. (intro.) Subject to pars. (ag) and (ar), any Any pupil in
2006	2006	grades kindergarten to 12 who resides within an eligible school district in this state
2007	2007	may attend any a participating private school under this section and, subject to pars.
2008	2008	(ag), (ar), (be), (bm), and (bs), any pupil in grades kindergarten to 12 who resides in
2009	2009	a school district, other than an eligible school district or a 1st class city school district,
2010	2010	may attend any private school under this section the choice program if all of the
2011	2011	following apply:
2012	2012	SECTION 85. 118.60 (2) (a) 1. a. of the statutes is renumbered 118.72 (1) (a) and
2013	2013	amended to read:
2014	2014	118.72 (1) (a) Except as provided in par. (bm) Racine pupils and Milwaukee
2015	2015	pupils. For a Racine pupil or a Milwaukee pupil, the pupil is a member of a family
2016	2016	that has a total family income that does not exceed an amount equal to 3.0 times the
2017	2017	poverty level determined in accordance with criteria established by the director of
2018	2018	the federal office of management and budget. In this subdivision and sub. (3m),
2019	2019	family income includes income of the pupil's parents or legal guardians. Except as
2020	2020	provided in subd. 1. c. and d., the family income of the pupil shall be verified as
2021	2021	1
2022	2022	2
2023	2023	3
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2025	2025	5
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2027	2027	7
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2030	2030	10
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2034	2034	14
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2040	2040	20
2041	2041	21
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2043	2043	23
2044	2044	24
2045	2045	25 - 41 -2023 - 2024 Legislature
2046	2046	LRB-5782/1
2047	2047	FFK:emw&wlj
2048	2048	SECTION 85
2049	2049	SENATE BILL 989
2050	2050	provided in subd. 1. b. A pupil attending a private school under this section whose
2051	2051	family income increases may continue to attend a private school under this section.
2052	2052	SECTION 86. 118.60 (2) (a) 1. b., c. and d. of the statutes are repealed.
2053	2053	SECTION 87. 118.60 (2) (a) 2. of the statutes is repealed.
2054	2054	SECTION 88. 118.60 (2) (a) 3. of the statutes, as affected by 2023 Wisconsin Act
2055	2055	.... (this act), is repealed.
2056	2056	SECTION 89. 118.60 (2) (a) 3. a. of the statutes is amended to read:
2057	2057	118.60 (2) (a) 3. a. Except as provided in subd. 3. b. and c. and par. (ag) 1., the
2058	2058	private school notified the state superintendent of its intent to participate in the
2059	2059	program under this section or in the program under s. 119.23, and paid the
2060	2060	nonrefundable fee, set by the department as required under s. 119.23 (2) (a) 3., by
2061	2061	January 10 of the previous school year. The notice shall specify the number of pupils
2062	2062	participating in the program under this section and in the program under s. 119.23
2063	2063	for which the school has space.
2064	2064	SECTION 90. 118.60 (2) (a) 4. of the statutes is renumbered 118.80 (1) and
2065	2065	amended to read:
2066	2066	118.80 (1) NONDISCRIMINATION. The Each participating private school complies
2067	2067	shall comply with 42 USC 2000d.
2068	2068	SECTION 91. 118.60 (2) (a) 5. of the statutes is renumbered 118.80 (2) and
2069	2069	amended to read:
2070	2070	118.80 (2) HEALTH AND SAFETY. The Each participating private school meets
2071	2071	shall comply with all health and safety laws or codes that apply to public schools.
2072	2072	SECTION 92. 118.60 (2) (a) 6. a. of the statutes is renumbered 118.81 (1) (a) and
2073	2073	amended to read:
2074	2074	1
2075	2075	2
2076	2076	3
2077	2077	4
2078	2078	5
2079	2079	6
2080	2080	7
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2090	2090	17
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2093	2093	20
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2096	2096	23
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2098	2098	FFK:emw&wlj
2099	2099	SECTION 92 SENATE BILL 989
2100	2100	118.81 (1) (a) Except as provided in subd. 6. c. and d., pars. (b) and (c), a
2101	2101	participating private school shall ensure that all of the participating private school's
2102	2102	teachers have a teaching license issued by the department or a bachelor's degree or
2103	2103	a degree or educational credential higher than a bachelor's degree, including a
2104	2104	masters master's or doctorate, from a nationally or regionally accredited institution
2105	2105	of higher education.
2106	2106	SECTION 93. 118.60 (2) (a) 6. b. of the statutes is renumbered 118.81 (2) (a) and
2107	2107	amended to read:
2108	2108	118.81 (2) (a) All Except as provided in par. (b), a participating private school
2109	2109	shall ensure that all of the participating private school's administrators have at least
2110	2110	a bachelor's degree from a nationally or regionally accredited institution of higher
2111	2111	education or a teaching license or administrator's administrator license issued by the
2112	2112	department.
2113	2113	SECTION 94. 118.60 (2) (a) 6. c. and d. of the statutes are repealed.
2114	2114	SECTION 95. 118.60 (2) (a) 7. a. of the statutes is repealed.
2115	2115	SECTION 96. 118.60 (2) (a) 7. b. of the statutes is renumbered 118.74 (1) and
2116	2116	amended to read:
2117	2117	118.74 (1) PREACCREDITATION. Each private school that begins participation in
2118	2118	the choice program under this section on or after April 10, 2014, and that is not
2119	2119	accredited by an accrediting entity, shall obtain preaccreditation by a preaccrediting
2120	2120	entity by the first weekday in August 1 before the first school term in which the
2121	2121	private school begins participation in the choice program under this section, or by the
2122	2122	first weekday in May 1 if the private school begins participating in the choice
2123	2123	program during summer school. In any school year, a A private school to which this
2124	2124	subd. 7. b. applies may apply for and seek to obtain preaccreditation from only one
2125	2125	1
2126	2126	2
2127	2127	3
2128	2128	4
2129	2129	5
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2151	2151	FFK:emw&wlj
2152	2152	SECTION 96
2153	2153	SENATE BILL 989
2154	2154	preaccrediting entity each school year. A private school to which this subd. 7. b.
2155	2155	applies that fails to obtain preaccreditation as required under this subd. 7. b.
2156	2156	subsection may not participate in the choice program under this section or under s.
2157	2157	119.23 until preaccreditation has been obtained, but the private school may apply for
2158	2158	and seek to obtain preaccreditation from a preaccrediting entity for the following a
2159	2159	subsequent school year. The fact that a private school has obtained preaccreditation
2160	2160	does not require an accrediting entity to accredit the private school.
2161	2161	SECTION 97. 118.60 (2) (a) 7. c. of the statutes is renumbered 118.74 (2) (intro.)
2162	2162	and amended to read:
2163	2163	118.74 (2) INITIAL ACCREDITATION. (intro.) A private school to which subd. 7. b.
2164	2164	applies that is not accredited by the first weekday in August before the first school
2165	2165	term in which the private school begins participating in the choice program shall
2166	2166	apply do all of the following:
2167	2167	(a) Apply for accreditation by an accrediting entity by the last weekday in
2168	2168	December 31 of the first school year that begins after April 10, 2014, in which the
2169	2169	private school begins participation in the choice program under this section, and
2170	2170	shall achieve.
2171	2171	(b) Achieve accreditation by an accrediting entity by the first weekday in
2172	2172	December 31 of the 3rd school year following the first school year in which the private
2173	2173	school begins participation in the choice program under this section. If the private
2174	2174	school is accredited under this subd. 7. c., the private school is not required to obtain
2175	2175	preaccreditation under subd. 7. b. as a prerequisite to providing instruction under
2176	2176	this section in additional grades or in an additional or new school.
2177	2177	SECTION 98. 118.60 (2) (a) 8. of the statutes is renumbered 118.79 (1) and
2178	2178	amended to read:
2179	2179	1
2180	2180	2
2181	2181	3
2182	2182	4
2183	2183	5
2184	2184	6
2185	2185	7
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2187	2187	9
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2204	2204	FFK:emw&wlj
2205	2205	SECTION 98 SENATE BILL 989
2206	2206	118.79 (1) HOURS OF INSTRUCTION. Notwithstanding s. 118.165 (1) (c), the each
2207	2207	participating private school shall annually provides provide at least 1,050 hours of
2208	2208	direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil
2209	2209	instruction in grades 7 to 12. Hours provided under this subdivision subsection
2210	2210	include recess and time for pupils to transfer between classes but do not include the
2211	2211	lunch periods. Annually, no more than 140 hours of work under s. 118.56 may be
2212	2212	counted as hours of direct pupil instruction.
2213	2213	SECTION 99. 118.60 (2) (a) 9. of the statutes is renumbered 118.79 (2) and
2214	2214	amended to read:
2215	2215	118.79 (2) INSTRUCTION ON THE HOLOCAUST AND OTHER GENOCIDES. If the a
2216	2216	participating private school operates any grade from 5 to 12, the participating
2217	2217	private school includes shall include in its curriculum the instruction required under
2218	2218	s. 121.02 (1) (L) 8., so far as applicable.
2219	2219	SECTION 100. 118.60 (2) (ag) (intro.) of the statutes is repealed.
2220	2220	SECTION 101. 118.60 (2) (ag) 1. (intro.) and a. of the statutes are consolidated,
2221	2221	renumbered 118.60 (2) (ag) 1. and amended to read:
2222	2222	118.60 (2) (ag) 1. By the first weekday in August 1 of the school year
2223	2223	immediately preceding the school year in which the new private school intends to
2224	2224	participate in the program under this section, complete and submit to the
2225	2225	department the following, on forms provided by the department: a. A , a notice of
2226	2226	intent to participate and agreement to comply with procedural requirements. If, at
2227	2227	the time the new private school submits the information required under this
2228	2228	subdivision, the new private school does not have a physical property within which
2229	2229	the private school intends to operate, submit a mailing address of an administrator
2230	2230	of the new private school.
2231	2231	1
2232	2232	2
2233	2233	3
2234	2234	4
2235	2235	5
2236	2236	6
2237	2237	7
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2240	2240	10
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2243	2243	13
2244	2244	14
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2251	2251	21
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2257	2257	FFK:emw&wlj
2258	2258	SECTION 102
2259	2259	SENATE BILL 989
2260	2260	SECTION 102. 118.60 (2) (ag) 1. of the statutes, as affected by 2023 Wisconsin
2261	2261	Act .... (this act), is renumbered 118.77 (1) (intro.) and amended to read:
2262	2262	118.77 (1) INITIAL SUBMISSIONS TO DEPARTMENT. (intro.) By the first weekday in
2263	2263	August of the school year immediately preceding the school year in which the a new
2264	2264	private school intends to participate in the choice program under this section,
2265	2265	complete and, the new private school shall submit all of the following to the
2266	2266	department, on forms provided by the department, a notice of intent to participate
2267	2267	and:
2268	2268	(a) An agreement to comply with procedural requirements.
2269	2269	(c) The physical location of the new private school. If, at the time the new
2270	2270	private school submits the information required under this subdivision subsection,
2271	2271	the new private school does not have a physical property within which the private
2272	2272	school intends to operate, the new private school shall submit a mailing address of
2273	2273	an administrator of the new private school.
2274	2274	SECTION 103. 118.60 (2) (ag) 1. b. and c. of the statutes are repealed.
2275	2275	SECTION 104. 118.60 (2) (ag) 2. a. of the statutes is amended to read:
2276	2276	118.60 (2) (ag) 2. a. By August 1 the 3rd Monday in October of the school year
2277	2277	immediately preceding the school year in which the new private school intends to
2278	2278	participate in the program under this section, submit to the department the
2279	2279	information under sub. (6p) (a) and (b).
2280	2280	SECTION 105. 118.60 (2) (ag) 2. a. of the statutes, as affected by 2023 Wisconsin
2281	2281	Act 2023 Wisconsin Act .... (this act), is repealed.
2282	2282	SECTION 106. 118.60 (2) (ag) 2. b. of the statutes is repealed.
2283	2283	SECTION 107. 118.60 (2) (ag) 2. c. of the statutes is created to read:
2284	2284	1
2285	2285	2
2286	2286	3
2287	2287	4
2288	2288	5
2289	2289	6
2290	2290	7
2291	2291	8
2292	2292	9
2293	2293	10
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2295	2295	12
2296	2296	13
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2308	2308	FFK:emw&wlj
2309	2309	SECTION 107 SENATE BILL 989
2310	2310	118.60 (2) (ag) 2. c. By the 3rd Monday in October immediately preceding the
2311	2311	school year in which a new private school intends to participate in the program under
2312	2312	this section, provide a surety bond payable to the state in an amount equal to the
2313	2313	greater of $25,000 or 25 percent of the total payment the new private school expects
2314	2314	to receive under the program under this section during its first school year
2315	2315	participating in the program on the basis of the information submitted under subd.
2316	2316	1.
2317	2317	SECTION 108. 118.60 (2) (ag) 2. c. of the statutes, as created by 2023 Wisconsin
2318	2318	Act .... (this act), is renumbered 118.77 (2) (intro.) and amended to read:
2319	2319	118.77 (2) OCTOBER SUBMISSIONS TO DEPARTMENT. (intro.) By the 3rd Monday
2320	2320	in October immediately preceding the school year in which a new private school
2321	2321	intends to participate in the choice program under this section, provide a , the new
2322	2322	private school shall submit all of the following to the department:
2323	2323	(a) A surety bond payable to the state in an amount equal to the greater of
2324	2324	$25,000 or 25 percent of the total payment the new private school expects to receive
2325	2325	under the choice program under this section during its first school year participating
2326	2326	in the choice program on the basis of the information submitted under subd. 1. sub.
2327	2327	(1).
2328	2328	SECTION 109. 118.60 (2) (ag) 4. of the statutes is amended to read:
2329	2329	118.60 (2) (ag) 4. Notwithstanding the deadline to obtain preaccreditation
2330	2330	under par. (a) 7. b., by December 15 the 3rd Monday in October of the school year
2331	2331	immediately preceding the school year in which the new private school intends to
2332	2332	participate in the program under this section, obtain preaccreditation from a
2333	2333	preaccrediting entity.
2334	2334	1
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2359	2359	FFK:emw&wlj
2360	2360	SECTION 110
2361	2361	SENATE BILL 989
2362	2362	SECTION 110. 118.60 (2) (ag) 4. of the statutes, as affected by 2023 Wisconsin
2363	2363	Act .... (this act), is repealed.
2364	2364	SECTION 111. 118.60 (2) (ag) 5. of the statutes is renumbered 118.77 (4) and
2365	2365	amended to read:
2366	2366	118.77 (4) PAYROLL SERVICE. By the first weekday in August 1 of the first school
2367	2367	year in which the new private school intends to participate in the program under this
2368	2368	section, choice program, the new private school shall demonstrate to the satisfaction
2369	2369	of the department that the new private school has contracted with a 3rd-party
2370	2370	payroll service that will remit federal and state payroll taxes for each employee of
2371	2371	the new private school for the duration of the school year.
2372	2372	SECTION 112. 118.60 (2) (ar) of the statutes is amended to read:
2373	2373	118.60 (2) (ar) By the first weekday in December 31 of the school year
2374	2374	immediately preceding the school year in which a new private school intends to
2375	2375	participate in the program under this section, the department shall notify the new
2376	2376	private school in writing whether it has satisfied those requirements under par. (ag)
2377	2377	that must be satisfied before December 31. If the department determines that the
2378	2378	new private school has not satisfied those requirements, the new private school may
2379	2379	not participate in the program under this section in the following school year, but
2380	2380	may reinitiate the process under par. (ag) for the next following school year.
2381	2381	SECTION 113. 118.60 (2) (ar) of the statutes, as affected by 2023 Wisconsin Act
2382	2382	.... (this act), is renumbered 118.77 (3) and amended to read:
2383	2383	118.77 (3) COMPLIANCE NOTICE. By the first weekday in December of the school
2384	2384	year immediately preceding the school year in which a new private school intends
2385	2385	to participate in the choice program under this section, the department shall notify
2386	2386	the new private school in writing whether it has satisfied those the requirements
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2413	2413	SECTION 113 SENATE BILL 989
2414	2414	under par. (ag) that must be satisfied before December 31 subs. (1) and (2). If the
2415	2415	department determines that the new private school has not satisfied those the
2416	2416	requirements, the new private school may not participate in the choice program
2417	2417	under this section in the following school year, but may reinitiate the process under
2418	2418	par. (ag) for the next following a subsequent school year.
2419	2419	SECTION 114. 118.60 (2) (be), (bm) and (bs) of the statutes are repealed.
2420	2420	SECTION 115. 118.60 (2) (c) 1. of the statutes is renumbered 118.81 (1) (b) and
2421	2421	amended to read:
2422	2422	118.81 (1) (b) Notwithstanding par. (a) 6., a A teacher employed by a
2423	2423	participating private school participating in the program under this section who
2424	2424	teaches only courses in rabbinical studies is not required to have a bachelor's degree
2425	2425	or a teaching license issued by the department.
2426	2426	SECTION 116. 118.60 (2) (c) 2. of the statutes is renumbered 118.81 (2) (b) and
2427	2427	amended to read:
2428	2428	118.81 (2) (b) Notwithstanding par. (a) 6., an An administrator of a
2429	2429	participating private school participating in the program under this section that
2430	2430	prepares and trains pupils attending the participating private school in rabbinical
2431	2431	studies is not required to have a bachelor's degree or a teaching license or
2432	2432	administrator license issued by the department.
2433	2433	SECTION 117. 118.60 (2) (d) of the statutes is renumbered 118.73 (2) and
2434	2434	amended to read:
2435	2435	118.73 (2) COMBINED PRIVATE SCHOOL. (a) In this paragraph subsection:
2436	2436	1. “Agreement year” means the first school year during which a combined
2437	2437	private school and a participating private school participating in the program under
2438	2438	1
2439	2439	2
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2463	2463	FFK:emw&wlj
2464	2464	SECTION 117
2465	2465	SENATE BILL 989
2466	2466	this section are governed by the same governing body under a governing body
2467	2467	agreement.
2468	2468	2. “Combined private school” means a private school that enters into a
2469	2469	governing body agreement and did not participate in the choice program under this
2470	2470	section in the school year preceding the agreement year.
2471	2471	3. “Governing body agreement” means an agreement to be governed by the
2472	2472	same governing body that is entered into by a participating private school
2473	2473	participating in the program under this section and a private school that is not
2474	2474	participating in the choice program under this section.
2475	2475	(b) If a combined private school participates in the choice program under this
2476	2476	section during the agreement year or the school year following the agreement year,
2477	2477	the prior year attendance requirements under par. (a) 2. s. 118.72 (1) (c) do not apply
2478	2478	to a pupil who applies to attend the combined private school under this section the
2479	2479	choice program during the agreement year or the school year following the
2480	2480	agreement year.
2481	2481	SECTION 118. 118.60 (3) (a) (intro.) of the statutes is renumbered 118.72 (3) (a)
2482	2482	and amended to read:
2483	2483	118.72 (3) (a) The Application. Except as provided in s. 118.71, a pupil or the
2484	2484	a pupil's parent or guardian shall submit an application, on a form provided by the
2485	2485	state superintendent, to the participating private school that the pupil wishes to
2486	2486	attend under the choice program. If more than one pupil from the same family
2487	2487	applies to attend the same private school, the pupils may use a single application.
2488	2488	(b) Pupil eligibility notification. No later than 60 days after the end of the
2489	2489	application period during which an application is received and subject to par. (ar),
2490	2490	the, a participating private school shall notify each applicant, in writing, whether his
2491	2491	1
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2517	2517	SECTION 118 SENATE BILL 989
2518	2518	or her the applicant's application has been accepted. If the participating private
2519	2519	school rejects an application, the notice shall include the reason. Subject to par. (ar),
2520	2520	a A participating private school may reject an applicant only if it has reached its
2521	2521	maximum general capacity or seating capacity. Except as provided in par. (ar), the
2522	2522	pupil is not eligible under this subchapter or if the number of applications exceed the
2523	2523	number of available choice program seats in the grade for which the pupil applied
2524	2524	and the pupil is not selected to receive a choice program seat.
2525	2525	(c) Random selection process. The state superintendent shall ensure that the
2526	2526	each participating private school determines which pupils to accept on a random
2527	2527	basis, except that the private school may give preference to the following in accepting
2528	2528	applications, in the order of preference listed:
2529	2529	SECTION 119. 118.60 (3) (a) 1m., 2m., 3., 4. and 5. of the statutes are renumbered
2530	2530	118.72 (3) (c) 1., 2., 3., 4. and 5., and 118.72 (3) (c) 1., 2., 3. and 5., as renumbered, are
2531	2531	amended to read:
2532	2532	118.72 (3) (c) 1. Pupils who attended the participating private school under this
2533	2533	section or s. 119.23 the choice program during the previous school year.
2534	2534	2. Siblings of pupils described in subd. 1m. 1.
2535	2535	3. Pupils who attended a different participating private school under this
2536	2536	section or s. 119.23 the choice program during the previous school year.
2537	2537	5. Siblings of those pupils who have been randomly accepted to attend the
2538	2538	participating private school under this section the choice program and who did not
2539	2539	attend a participating private school under this section or s. 119.23 the choice
2540	2540	program during the previous school year.
2541	2541	SECTION 120. 118.60 (3) (ar) of the statutes is repealed.
2542	2542	SECTION 121. 118.60 (3) (b) of the statutes is repealed.
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2569	2569	FFK:emw&wlj
2570	2570	SECTION 122
2571	2571	SENATE BILL 989
2572	2572	SECTION 122. 118.60 (3) (c) of the statutes is repealed.
2573	2573	SECTION 123. 118.60 (3) (d) of the statutes is repealed.
2574	2574	SECTION 124. 118.60 (3m) (a) of the statutes is renumbered 118.82 (1), and
2575	2575	118.82 (1) (intro.) and (b), as renumbered, are amended to read:
2576	2576	118.82 (1) PROHIBITED TUITION AND PAYMENTS. (intro.) A participating private
2577	2577	school participating in the program under this section may not charge or receive any
2578	2578	additional tuition payment for a pupil participating in the choice program under this
2579	2579	section other than the payment the school receives under sub. (4) and, if applicable,
2580	2580	sub. (4m) s. 118.84, if either any of the following applies:
2581	2581	(b) The pupil is enrolled in a grade from 9 to 12 and the family income of the
2582	2582	pupil, as determined under sub. (2) (a) 1. s. 118.72, does not exceed an amount equal
2583	2583	to 2.2 times the poverty level determined in accordance with criteria established by
2584	2584	the director of the federal office of management and budget.
2585	2585	SECTION 125. 118.60 (3m) (am) of the statutes is renumbered 118.82 (4), and
2586	2586	118.82 (4) (a) (intro.), 2., 4. and 8. and (b), as renumbered, are amended to read:
2587	2587	118.82 (4) (a) (intro.) Beginning in the 2011-12 school year, a A participating
2588	2588	private school participating in the program under this section may recover the cost
2589	2589	of providing the following to a pupil participating in the choice program under this
2590	2590	section through reasonable fees in an amount determined by the participating
2591	2591	private school and charged to the pupil, except that no participating private school
2592	2592	may retroactively recover any uncollected costs incurred prior to November 19, 2011:
2593	2593	2. Social and extracurricular activities if not necessary to the participating
2594	2594	private school's curriculum.
2595	2595	4. Meals consumed by pupils of the participating private school.
2596	2596	8. Room and board at the participating private school.
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2623	2623	SECTION 125 SENATE BILL 989
2624	2624	(b) A participating private school may not prohibit an eligible pupil from
2625	2625	attending the participating private school, expel, or otherwise discipline the pupil,
2626	2626	or withhold or reduce the pupil's grades because the pupil or the pupil's parent or
2627	2627	guardian cannot does not pay or has not paid fees charged under subd. 1. par. (a).
2628	2628	SECTION 126. 118.60 (3m) (b) of the statutes is renumbered 118.82 (2), and
2629	2629	118.82 (2) (intro.) and (b), as renumbered, are amended to read:
2630	2630	118.82 (2) ALLOWABLE TUITION AND PAYMENTS. (intro.) Beginning in the 2011-12
2631	2631	school year, a A participating private school participating in the program under this
2632	2632	section may, in addition to the payment it receives for a pupil under sub. (4) and, if
2633	2633	applicable, sub. (4m) s. 118.84, charge the pupil tuition in an amount determined by
2634	2634	the participating private school if both all of the following apply:
2635	2635	(b) The family income of the pupil, as determined under sub. (2) (a) 1. s. 118.72,
2636	2636	exceeds an amount equal to 2.2 times the poverty level determined in accordance
2637	2637	with criteria established by the director of the federal office of management and
2638	2638	budget.
2639	2639	SECTION 127. 118.60 (3m) (c) of the statutes is renumbered 118.82 (3) and
2640	2640	amended to read:
2641	2641	118.82 (3) APPEAL; PARTICIPATING PRIVATE SCHOOL. A participating private school
2642	2642	participating in the program under this section shall determine whether the
2643	2643	participating private school may charge additional tuition to a pupil on the basis of
2644	2644	the pupil's family income as permitted allowed under par. (b) sub. (2). The
2645	2645	participating private school shall establish a process for accepting an appeal to the
2646	2646	governing body of the participating private school of the determination made under
2647	2647	this paragraph subsection.
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2673	2673	FFK:emw&wlj
2674	2674	SECTION 128
2675	2675	SENATE BILL 989
2676	2676	SECTION 128. 118.60 (4) (a) of the statutes is renumbered 118.80 (8) and
2677	2677	amended to read:
2678	2678	118.80 (8) SUMMER SCHOOL ATTENDANCE REPORT. Annually, on or before the
2679	2679	Monday after the 3rd Friday in September 15, a participating private school
2680	2680	participating in the program under this section shall file with the department a
2681	2681	report stating its summer daily attendance for each day of summer school for the
2682	2682	purpose of sub. (4m) s. 118.84 (2).
2683	2683	SECTION 129. 118.60 (4) (bg) 1., 2. and 4. of the statutes are repealed.
2684	2684	SECTION 130. 118.60 (4) (bg) 3. of the statutes, as affected by 2023 Wisconsin
2685	2685	Act 11, is renumbered 118.84 (1) (b) and amended to read:
2686	2686	118.84 (1) (b) In the 2015-16 2025-26 school year and in each school year
2687	2687	thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's
2688	2688	enrollment in the private school during a school term, except as provided in subd. 5.,
2689	2689	the state superintendent shall pay to the participating private school in which the
2690	2690	pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation
2691	2691	under s. 20.255 (2) (fr), an amount equal to the sum of the maximum amount per
2692	2692	pupil the state superintendent paid a participating private school under this section
2693	2693	in the previous school year for the grade in which the pupil is enrolled; in the 2023-24
2694	2694	school year, if the pupil is enrolled in a grade from kindergarten to 8, 10 percent of
2695	2695	the revenue ceiling, as defined in s. 121.905 (1), for that school year; the amount of
2696	2696	the per pupil revenue adjustment under s. 121.91 (2m) for the current school year,
2697	2697	if positive; 90 percent of the change in the revenue ceiling, as defined in s. 121.905
2698	2698	(1), between the previous school year and current school year, if positive, if the pupil
2699	2699	is enrolled in a grade from kindergarten to 8, or if the pupil is enrolled in a grade from
2700	2700	9 to 12, the change in the revenue ceiling, as defined in s. 121.905 (1), between the
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2727	2727	SECTION 130 SENATE BILL 989
2728	2728	previous school year and current school year, if positive; and the change in the
2729	2729	amount of statewide categorical aid per pupil between the previous school year and
2730	2730	the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in
2731	2731	the 2023-24 school year, if the pupil is enrolled in a grade from 9 to 12, 26.8 percent
2732	2732	of the revenue ceiling, as defined in s. 121.905 (1), for that school year.
2733	2733	SECTION 131. 118.60 (4) (bg) 5. of the statutes, as affected by 2023 Wisconsin
2734	2734	Act 11, is repealed.
2735	2735	SECTION 132. 118.60 (4) (c) of the statutes is renumbered 118.84 (3) and
2736	2736	amended to read:
2737	2737	118.84 (3) PAYMENT INSTALLMENTS. The state superintendent shall pay 25
2738	2738	percent of the total amount under this subsection sub. (1) in September, 25 percent
2739	2739	in November, 25 percent in February, and 25 percent in May. Each installment may
2740	2740	consist of a single check for all pupils attending the participating private school
2741	2741	under this section the choice program. The state superintendent shall include the
2742	2742	entire amount under sub. (4m) (2) in the November installment, but the payment
2743	2743	shall be made in a separate check from the payment under this subsection sub. (1).
2744	2744	SECTION 133. 118.60 (4d) (a) of the statutes is renumbered 118.84 (4) (a) (intro.)
2745	2745	and amended to read:
2746	2746	118.84 (4) (a) (intro.) In this subsection, “incoming choice pupil" means a pupil
2747	2747	who resides in a school district, other than a 1st class city school district, who begins
2748	2748	satisfies all of the following criteria:
2749	2749	2. The pupil began participating in the program under this section in s. 118.60,
2750	2750	2023 stats., during the period beginning with the 2015-16 school year or any and
2751	2751	ending with the 2025-26 school year thereafter, and who or begins participating in
2752	2752	the choice program in the 2026-27 school year or any school year thereafter.
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2780	2780	SECTION 133
2781	2781	SENATE BILL 989
2782	2782	3. The pupil is enrolled in a participating private school under this section the
2783	2783	choice program.
2784	2784	SECTION 134. 118.60 (4d) (b) of the statutes is renumbered 118.84 (4) (b), and
2785	2785	118.84 (4) (b) 1. (intro.) and a. to d., as renumbered, are amended to read:
2786	2786	118.84 (4) (b) 1. (intro.) Beginning in the 2015-16 school year, subject Subject
2787	2787	to s. 121.085 (1), the department shall decrease a school district's state aid payment
2788	2788	under s. 121.08 by an amount calculated as follows:
2789	2789	a. Identify the incoming choice pupils residing in the school district for whom
2790	2790	a payment is made under sub. (4) (bg) (1) in that school year.
2791	2791	b. Sum the payments made under sub. (4) (bg) (1) for all of the pupils identified
2792	2792	under subd. 1. a. for that school year.
2793	2793	c. Identify the incoming choice pupils residing in the school district for whom
2794	2794	a payment is made under sub. (4m) (2) in that school year.
2795	2795	d. Sum the payments made under sub. (4m) (a) (2) for all of the pupils identified
2796	2796	under subd. 1. c. for that school year.
2797	2797	SECTION 135. 118.60 (4m) of the statutes is renumbered 118.84 (2), and 118.84
2798	2798	(2) (a) and (b) 1. and 2., as renumbered, are amended to read:
2799	2799	118.84 (2) (a) In addition to the payment under sub. (4) (1), the state
2800	2800	superintendent shall, subject to par. (b), pay to each participating private school
2801	2801	participating in the program under this section, on behalf of the parent or guardian
2802	2802	of each pupil attending summer school in the participating private school under this
2803	2803	section during a summer and in the manner described in sub. (4) (c) (3), an amount
2804	2804	determined as follows:
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2829	2829	SECTION 135 SENATE BILL 989
2830	2830	1. Determine the maximum amount that could have been paid, at the end of
2831	2831	the immediately preceding school term, per pupil under sub. (4) (bg) (1) for the grade
2832	2832	in which the pupil is attending summer school under this section the choice program.
2833	2833	2. If the pupil attended summer school for at least 15 days of summer
2834	2834	instruction at the participating private school during that summer, multiply the
2835	2835	amount under subd. 1. by 0.05.
2836	2836	3. If the pupil attended summer school for less than 15 days of summer
2837	2837	instruction at the participating private school during that summer, multiply the
2838	2838	amount under subd. 1. by 0.05 by the quotient determined by dividing the number
2839	2839	of days of summer instruction the pupil attended during that summer by 15.
2840	2840	(b) 1. The participating private school offers no fewer than 19 summer days of
2841	2841	instruction during that summer.
2842	2842	2. Each summer day of instruction offered by the participating private school
2843	2843	under subd. 1. is comprised of no fewer than 270 minutes of instruction.
2844	2844	SECTION 136. 118.60 (4r) of the statutes is renumbered 118.84 (5), and 118.84
2845	2845	(5) (intro.) and (a), as renumbered, are amended to read:
2846	2846	118.84 (5) PARTICIPATING PRIVATE SCHOOL CLOSURE. (intro.) If, after the 3rd
2847	2847	Friday in September in any school year, a participating private school participating
2848	2848	in the program under this section closes, for each installment under sub. (4) (c) (3)
2849	2849	that was not paid to the participating private school in that school year, the state
2850	2850	superintendent shall pay to the school board of the school district within which the
2851	2851	pupil resides, from the appropriation under s. 20.255 (2) (fv), the amount
2852	2852	determined, for each pupil who had been attending the participating private school
2853	2853	under this section the choice program in that school year and who enrolls in the
2854	2854	school district within which the pupil resides in that school year, as follows:
2855	2855	1
2856	2856	2
2857	2857	3
2858	2858	4
2859	2859	5
2860	2860	6
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2879	2879	25 - 57 -2023 - 2024 Legislature
2880	2880	LRB-5782/1
2881	2881	FFK:emw&wlj
2882	2882	SECTION 136
2883	2883	SENATE BILL 989
2884	2884	(a) Multiply the amount determined under sub. (4) (bg) (1) by 0.616.
2885	2885	SECTION 137. 118.60 (4s) of the statutes is renumbered 118.84 (6) and amended
2886	2886	to read:
2887	2887	118.84 (6) SPECIAL NEEDS SCHOLARSHIP PROGRAM PUPILS. Notwithstanding subs.
2888	2888	(4), (4d), (4m), and (4r) (1) to (5), a pupil attending a participating private school
2889	2889	participating in the program under this section who is receiving a scholarship under
2890	2890	s. 115.7915 shall may not be counted under this section as a pupil attending the
2891	2891	participating private school under this section under sub. (4), (4d), (4m), or (4r) the
2892	2892	choice program.
2893	2893	SECTION 138. 118.60 (4v) of the statutes is repealed.
2894	2894	SECTION 139. 118.60 (5) of the statutes is renumbered 118.87 (5) and amended
2895	2895	to read:
2896	2896	118.87 (5) ANNUAL NOTICE; PUPILS. The state superintendent shall ensure
2897	2897	Ensure that pupils and parents and guardians of pupils who reside in this state are
2898	2898	informed annually of the private schools participating in the choice program under
2899	2899	this section and in the program under s. 119.23.
2900	2900	SECTION 140. 118.60 (6) of the statutes is renumbered 118.86 and amended to
2901	2901	read:
2902	2902	118.86 School district; duties. The A school board of a school district shall
2903	2903	provide transportation to pupils attending a participating private school under this
2904	2904	section the choice program if required under s. 121.54 and may claim transportation
2905	2905	aid under s. 121.58 for pupils so transported.
2906	2906	SECTION 141. 118.60 (6m) (intro.) and (a) (intro.) and (b) of the statutes are
2907	2907	repealed.
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2932	2932	FFK:emw&wlj
2933	2933	SECTION 142 SENATE BILL 989
2934	2934	SECTION 142. 118.60 (6m) (a) 1. to 9. of the statutes are renumbered 118.78 (1)
2935	2935	(a) to (i), and 118.78 (1) (g) and (i), as renumbered, are amended to read:
2936	2936	118.78 (1) (g) A copy of the suspension and expulsion policies and procedures,
2937	2937	including procedures for appealing a suspension or and for appealing an expulsion,
2938	2938	used by the private school. The private school shall include in its suspension and
2939	2939	expulsion policies and procedures a requirement that a pupil's parent receive written
2940	2940	notice if the pupil is suspended or expelled.
2941	2941	(i) A copy of the policy governing visitors and visits to the private school,
2942	2942	developed as required under sub. (7) (b) 2m.
2943	2943	SECTION 143. 118.60 (6m) (bm) of the statutes is renumbered 118.78 (2) and
2944	2944	amended to read:
2945	2945	118.78 (2) DISCLOSURES TO DEPARTMENT. Upon request of the department, a
2946	2946	participating private school shall provide a copy of any policy described in par. (a)
2947	2947	sub. (1) and the academic standards adopted under sub. (7) (b) 2. s. 118.79 (3).
2948	2948	SECTION 144. 118.60 (6m) (c) of the statutes is renumbered 118.78 (3) and
2949	2949	amended to read:
2950	2950	118.78 (3) ANNUAL NOTICE; GOVERNING BODY. Upon an individual joining the
2951	2951	private school's governing body, Annually, a participating private school shall notify
2952	2952	the department of any changes in the membership of its governing body and provide
2953	2953	to the department a signed statement from the each individual who joined the
2954	2954	governing body during the previous year verifying that the individual is a member
2955	2955	of the governing body.
2956	2956	SECTION 145. 118.60 (6m) (d) of the statutes is renumbered 118.78 (4) and
2957	2957	amended to read:
2958	2958	1
2959	2959	2
2960	2960	3
2961	2961	4
2962	2962	5
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2983	2983	FFK:emw&wlj
2984	2984	SECTION 145
2985	2985	SENATE BILL 989
2986	2986	118.78 (4) DISCLOSURES TO PUPILS. Upon request by any pupil, or the parent or
2987	2987	guardian of any minor pupil, who is attending or who applies to attend the a
2988	2988	participating private school, the participating private school shall provide the
2989	2989	material specified in pars. (a) and (b) sub. (1).
2990	2990	SECTION 146. 118.60 (6p) (intro.) and (a) (intro.) of the statutes are
2991	2991	consolidated, renumbered 118.76 (6) (intro.) and amended to read:
2992	2992	118.76 (6) DISCLOSURE INFORMATION. (intro.) In addition to the requirements
2993	2993	under sub. (6m), a A private school that is not a new private school and that did not
2994	2994	participate in the choice program under this section or s. 119.23 in the previous
2995	2995	school year shall submit to the department all of the following: (a) By, by 2 days
2996	2996	before the 2nd Friday in January 10 of the school year immediately preceding the
2997	2997	school year in which the private school intends to participate in the choice program
2998	2998	under this section, all of the following:
2999	2999	SECTION 147. 118.60 (6p) (a) 1. of the statutes is renumbered 118.76 (6) (a) and
3000	3000	amended to read:
3001	3001	118.76 (6) (a) The information required under sub. (6m) (a) s. 118.78 (1).
3002	3002	SECTION 148. 118.60 (6p) (a) 2. of the statutes is renumbered 118.76 (6) (c).
3003	3003	SECTION 149. 118.60 (6p) (b) of the statutes is renumbered 118.76 (6) (b) and
3004	3004	amended to read:
3005	3005	118.76 (6) (b) By August 1 of the school year in which the private school intends
3006	3006	to participate in the program under this section, a A copy of the academic standards
3007	3007	adopted under sub. (7) (b) 2. s. 118.79 (3).
3008	3008	SECTION 150. 118.60 (7) (ad) 1. of the statutes is renumbered 118.74 (3) (a)
3009	3009	(intro.) and amended to read:
3010	3010	1
3011	3011	2
3012	3012	3
3013	3013	4
3014	3014	5
3015	3015	6
3016	3016	7
3017	3017	8
3018	3018	9
3019	3019	10
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3034	3034	FFK:emw&wlj
3035	3035	SECTION 150 SENATE BILL 989
3036	3036	118.74 (3) (a) (intro.) If a participating private school participating in the
3037	3037	program under this section or s. 119.23 and that is accredited under sub. (2) (a) 7. to
3038	3038	offer instruction in any elementary grade, but not any high school grade, seeks to
3039	3039	offer instruction in any high school grade, the private school shall apply do all of the
3040	3040	following:
3041	3041	1. Apply for and achieve accreditation to offer of the high school grades by an
3042	3042	accrediting entity by the last weekday in December of the first school year in which
3043	3043	the private school offers instruction in the additional grades in the manner
3044	3044	established under sub. (2) (a) 7. c. a high school grade.
3045	3045	SECTION 151. 118.60 (7) (ad) 2. of the statutes is renumbered 118.74 (3) (b)
3046	3046	(intro.) and amended to read:
3047	3047	118.74 (3) (b) (intro.) If a participating private school participating in the
3048	3048	program under this section or s. 119.23 and that is accredited under sub. (2) (a) 7. to
3049	3049	offer instruction in any high school grade, but not any elementary grade, seeks to
3050	3050	offer instruction in any elementary grade, the private school shall apply do all of the
3051	3051	following:
3052	3052	1. Apply for and achieve accreditation to offer of the elementary grades by an
3053	3053	accrediting entity by the last weekday in December of the first school year in which
3054	3054	the private school offers instruction in the additional grades in the manner
3055	3055	established under sub. (2) (a) 7. c. an elementary grade.
3056	3056	SECTION 152. 118.60 (7) (ad) 3. of the statutes is renumbered 118.74 (4) (a) and
3057	3057	amended to read:
3058	3058	118.74 (4) (a) The governing body of a participating private school participating
3059	3059	in the program under this section and accredited as required under subds. 1. and 2.
3060	3060	and sub. (2) (a) 7., except for a private school obtaining accreditation as allowed
3061	3061	1
3062	3062	2
3063	3063	3
3064	3064	4
3065	3065	5
3066	3066	6
3067	3067	7
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3086	3086	LRB-5782/1
3087	3087	FFK:emw&wlj
3088	3088	SECTION 152
3089	3089	SENATE BILL 989
3090	3090	under sub. (2) or (3), shall ensure that the participating private school continuously
3091	3091	maintains accreditation from an accrediting entity as long as the private school
3092	3092	continues to participate in the choice program under this section.
3093	3093	SECTION 153. 118.60 (7) (ag) of the statutes is renumbered 118.74 (5) and
3094	3094	amended to read:
3095	3095	118.74 (5) DISQUALIFIED ACCREDITING ORGANIZATION. If a participating private
3096	3096	school learns that an accrediting organization with which the private school is
3097	3097	maintaining accreditation, as required under par. (ad) this section, is a disqualified
3098	3098	accrediting organization, the participating private school shall immediately notify
3099	3099	the department in writing of this fact and shall obtain accreditation from an
3100	3100	accrediting entity no later than 3 years from the date on which the participating
3101	3101	private school learned that the accrediting organization is a disqualified accrediting
3102	3102	organization.
3103	3103	SECTION 154. 118.60 (7) (am) 1m. of the statutes is renumbered 118.83 (1) and
3104	3104	amended to read:
3105	3105	118.83 (1) DEFINITION. In this paragraph section, “eligible education expenses"
3106	3106	means all direct and indirect costs associated with a participating private school's
3107	3107	educational programming for pupils enrolled in grades kindergarten to 12 that are
3108	3108	reasonable for the participating private school to achieve its educational purposes,
3109	3109	as determined by the governing body of the participating private school in a written
3110	3110	policy and tested by an independent auditor. “Eligible education expenses" include
3111	3111	expenses related to management, insurance, transportation, extracurricular
3112	3112	programming and activities, facility and equipment costs, development expenses,
3113	3113	and programming that provides child care services before school, after school, or both
3114	3114	before and after school. A cost is not an “eligible education expense" if an
3115	3115	1
3116	3116	2
3117	3117	3
3118	3118	4
3119	3119	5
3120	3120	6
3121	3121	7
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3140	3140	FFK:emw&wlj
3141	3141	SECTION 154 SENATE BILL 989
3142	3142	independent auditor determines, after testing, that the cost is not a cost associated
3143	3143	with the participating private school's educational programming for pupils enrolled
3144	3144	in grades kindergarten to 12 that is reasonable for the participating private school
3145	3145	to achieve its educational purposes, as determined by the governing body of the
3146	3146	participating private school in a written policy.
3147	3147	SECTION 155. 118.60 (7) (am) 2m. (intro.) and a. of the statutes are consolidated,
3148	3148	renumbered 118.83 (2) (a) and amended to read:
3149	3149	118.83 (2) (a) Each participating private school participating in the program
3150	3150	under this section is subject to uniform financial accounting standards established
3151	3151	by the department.
3152	3152	(b) Annually by the last weekday in October 15 following a school year in which
3153	3153	a private school participated in the choice program under this section, the private
3154	3154	school shall submit to the department all of the following: a. An an independent
3155	3155	financial audit of the private school conducted by an independent certified public
3156	3156	accountant, accompanied by the auditor's statement that the report is free of
3157	3157	material misstatements and fairly presents the private school's eligible education
3158	3158	expenses, and beginning in the 2nd school year a private school participates in the
3159	3159	program under this section, a copy of a management letter prepared by the auditor.
3160	3160	All of the following apply to a financial audit submitted under this paragraph:
3161	3161	1. If the private school annually received a total of at least $100,000 under this
3162	3162	section the choice program and ss. s. 115.7915 and 119.23 in any school year, the
3163	3163	audit shall be prepared in accordance with generally accepted accounting principles
3164	3164	with allowable modifications for long-term fixed assets.
3165	3165	1
3166	3166	2
3167	3167	3
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3170	3170	6
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3187	3187	23 - 63 -2023 - 2024 Legislature
3188	3188	LRB-5782/1
3189	3189	FFK:emw&wlj
3190	3190	SECTION 155
3191	3191	SENATE BILL 989
3192	3192	2. If the private school has not annually received a total of at least $100,000
3193	3193	under this section the choice program and ss. s. 115.7915 and 119.23 in any school
3194	3194	year, the audit shall be prepared as prescribed by the department by rule.
3195	3195	3. The audit shall include a calculation of the private school's net eligible
3196	3196	education expenses and a calculation of the balance of the private school's fund for
3197	3197	future eligible education expenses.
3198	3198	4. The auditor shall conduct his or her the audit, including determining sample
3199	3199	sizes and evaluating financial viability, in accordance with the auditing standards
3200	3200	established by the American Institute of Certified Public Accountants. The
3201	3201	department may not require an auditor to comply with standards that exceed the
3202	3202	scope of the standards established by the American Institute of Certified Public
3203	3203	Accountants.
3204	3204	5. If a private school participating in a program under this section is part of an
3205	3205	organization and the private school and the organization share assets, liabilities, or
3206	3206	eligible education expenses, the private school may submit an audit of the private
3207	3207	school or of the organization of which it is a part. If a private school that is part of
3208	3208	an organization with which it shares assets, liabilities, or eligible education expenses
3209	3209	submits an audit of only the private school, the independent auditor shall use his or
3210	3210	her professional judgment to allocate any shared assets, liabilities, and eligible
3211	3211	education expenses between the organization and the private school.
3212	3212	6. If a private school participating participated in the choice program under
3213	3213	this section in the previous school year and also accepts pupils participated in the
3214	3214	program under s. 115.7915 or 119.23 in the previous school year, the private school
3215	3215	may submit one comprehensive financial audit to satisfy the requirements of this
3216	3216	subdivision subsection and ss. s. 115.7915 (6) (e) and 119.23 (7) (am) 2m., whichever
3217	3217	1
3218	3218	2
3219	3219	3
3220	3220	4
3221	3221	5
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3223	3223	7
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3225	3225	9
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3229	3229	13
3230	3230	14
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3242	3242	FFK:emw&wlj
3243	3243	SECTION 155 SENATE BILL 989
3244	3244	are applicable. The private school shall include in the comprehensive financial audit
3245	3245	the information specified under s. 119.23 (7) (am) 2m.
3246	3246	SECTION 156. 118.60 (7) (am) 2m. b. of the statutes is renumbered 118.83 (5)
3247	3247	(a) and amended to read:
3248	3248	118.83 (5) FISCAL AND INTERNAL CONTROL PRACTICES. (a) Evidence A
3249	3249	participating private school shall submit evidence to the department of sound fiscal
3250	3250	and internal control practices, including evidence that the entity has the financial
3251	3251	ability to continue operating, as prescribed by the department by rule.
3252	3252	(b) A private school that participated in the choice program shall submit to the
3253	3253	department reports completed by an independent auditor on the private school's
3254	3254	compliance with fiscal and internal control requirements, as required by the
3255	3255	department by rule. An independent auditor engaged to evaluate the participating
3256	3256	private school's fiscal and internal control practices shall conduct his or her the
3257	3257	evaluation, including determining sample sizes, in accordance with attestation
3258	3258	standards established by the American Institute of Certified Public Accountants.
3259	3259	The independent auditor engaged to evaluate the private school's fiscal and internal
3260	3260	control practice shall also review any concerns raised in the private school's
3261	3261	management letter submitted under subd. 2m. a.
3262	3262	(c) The fact that a participating private school reports a negative reserve
3263	3263	balance alone is not evidence that the participating private school does not have the
3264	3264	financial ability to continue operating or that the participating private school does
3265	3265	not follow sound fiscal and internal control practices.
3266	3266	SECTION 157. 118.60 (7) (am) 2m. c. of the statutes is repealed.
3267	3267	SECTION 158. 118.60 (7) (am) 3. of the statutes is renumbered 118.83 (3) and
3268	3268	amended to read:
3269	3269	1
3270	3270	2
3271	3271	3
3272	3272	4
3273	3273	5
3274	3274	6
3275	3275	7
3276	3276	8
3277	3277	9
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3294	3294	LRB-5782/1
3295	3295	FFK:emw&wlj
3296	3296	SECTION 158
3297	3297	SENATE BILL 989
3298	3298	118.83 (3) FINANCIAL AUDIT REVIEW. (a) By no later than February 15 the first
3299	3299	weekday in March or 120 days after the date on which the audit under subd. 2m. a.
3300	3300	sub. (2) is received by the department, whichever is later, the department shall notify
3301	3301	a private school participating that participated in the choice program under this
3302	3302	section in the previous school year whether or not additional information is required
3303	3303	for the department to complete its review of the audit. Subject to subd. 3. b. par. (b),
3304	3304	the department may request that an auditor provide additional information if the
3305	3305	request is related to the department reviewing the audit. The department shall
3306	3306	determine whether a the private school participating in the program under this
3307	3307	section has provided the information and met the requirements required under subd.
3308	3308	2m. a. sub. (2) by the 3rd Friday in April 1 .
3309	3309	(b) Before the 3rd Friday in April 1 , the department may contact the auditor
3310	3310	who prepared the audit under subd. 2m. a. sub. (2) only regarding matters that may
3311	3311	impact the private school's financial statement by an amount that is greater than 1
3312	3312	percent of the total amount the private school received under this section the choice
3313	3313	program for the previous school year and any items or information the department
3314	3314	determines are missing from the audit.
3315	3315	(c) Notwithstanding subd. 3. a. and b. pars. (a) and (b), the department may
3316	3316	communicate with an auditor as necessary for the purpose of assessing the financial
3317	3317	viability of a participating private school participating in the program under this
3318	3318	section.
3319	3319	(d) An auditor who receives a written communication under this subdivision
3320	3320	subsection shall respond to the department within 10 school days of receiving the
3321	3321	written communication.
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3347	3347	SECTION 159 SENATE BILL 989
3348	3348	SECTION 159. 118.60 (7) (an) of the statutes is renumbered 118.83 (4) and
3349	3349	amended to read:
3350	3350	118.83 (4) RESERVE BALANCE. (a) A participating private school participating
3351	3351	in the program under this section shall maintain a cash and investment balance that
3352	3352	is at least equal to its reserve balance. If a participating private school does not
3353	3353	maintain a cash and investment balance that is at least equal to its reserve balance,
3354	3354	the participating private school shall refund the reserve balance to the department.
3355	3355	This subdivision does not apply to a school year that occurs during the public health
3356	3356	emergency declared on March 12, 2020, by executive order 72.
3357	3357	(b) If a participating private school participating in the program under this
3358	3358	section has a reserve balance that is greater than 50 percent of the total amount the
3359	3359	participating private school received under this section the choice program in the
3360	3360	previous school year, the governing body of the participating private school shall
3361	3361	approve a plan for how it will use the amount of the reserve balance that exceeds 50
3362	3362	percent of the total amount the participating private school received under this
3363	3363	section the choice program in the previous school year.
3364	3364	(c) If a private school ceases to participate in or is barred from the choice
3365	3365	program under this section and s. 119.23 and the private school's reserve balance is
3366	3366	positive, the private school shall refund the reserve balance to the department.
3367	3367	SECTION 160. 118.60 (7) (b) (intro.) and 2m. of the statutes are repealed.
3368	3368	SECTION 161. 118.60 (7) (b) 1. of the statutes is renumbered 118.80 (6) and
3369	3369	amended to read:
3370	3370	118.80 (6) THIRD GRADE READING TEST. Administer Each participating private
3371	3371	school shall administer to any pupils attending the 3rd grade in the private school
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3398	3398	SECTION 161
3399	3399	SENATE BILL 989
3400	3400	under this section the choice program a standardized reading test developed by the
3401	3401	department.
3402	3402	SECTION 162. 118.60 (7) (b) 2. of the statutes is renumbered 118.79 (3) and
3403	3403	amended to read:
3404	3404	118.79 (3) ACADEMIC STANDARDS. Adopt Each participating private school shall
3405	3405	adopt the pupil academic standards required under s. 118.30 (1g) (a) 4.
3406	3406	SECTION 163. 118.60 (7) (b) 3. of the statutes is renumbered 118.81 (3) (intro.)
3407	3407	and amended to read:
3408	3408	118.81 (3) TEACHER'S AIDE EDUCATIONAL REQUIREMENTS. (intro.) Ensure A
3409	3409	participating private school shall ensure that any teacher's aide employed by all of
3410	3410	the participating private school has school's teacher's aides satisfy at least one of the
3411	3411	following:
3412	3412	(a) The individual graduated from high school, been granted.
3413	3413	(b) The individual obtained a declaration of equivalency of high school
3414	3414	graduation, been granted.
3415	3415	(c) The individual obtained a high school diploma by the administrator of a
3416	3416	home-based private educational program, or been issued.
3417	3417	(d) The individual obtained a general educational development certificate of
3418	3418	high school equivalency, or has.
3419	3419	(e) The individual obtained a degree or educational credential higher than a
3420	3420	high school diploma, declaration of equivalency of high school graduation, or general
3421	3421	educational development certificate of high school equivalency.
3422	3422	SECTION 164. 118.60 (7) (b) 3m. of the statutes is renumbered 118.80 (3) and
3423	3423	amended to read:
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3425	3425	2
3426	3426	3
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3449	3449	SECTION 164 SENATE BILL 989
3450	3450	118.80 (3) GOVERNING BODY MEETINGS. Annually, The governing body of a
3451	3451	participating private school shall annually schedule at least 2 meetings at which
3452	3452	members of the governing body of the participating private school will be present and
3453	3453	at which pupils, and the parents or guardians of pupils, applying to attend the
3454	3454	participating private school or attending the participating private school may meet
3455	3455	and communicate with the members of the governing body. The private school shall,
3456	3456	within Within 30 days after the start of the school term, the governing body of a
3457	3457	participating private school shall notify the department in writing of the scheduled
3458	3458	meeting dates and shall, at. At least 30 days before the each scheduled meeting date,
3459	3459	the governing body of a participating private school shall notify in writing each pupil,
3460	3460	or the parent or guardian of each minor pupil, applying to attend the participating
3461	3461	private school or attending the participating private school of the meeting date, time,
3462	3462	and place.
3463	3463	SECTION 165. 118.60 (7) (b) 4. to 6. of the statutes are renumbered 118.80 (9)
3464	3464	(a) to (c) and amended to read:
3465	3465	118.80 (9) (a) Maintain A private school shall maintain progress records for
3466	3466	each pupil attending the private school under this section the choice program while
3467	3467	the pupil attends the private school and, except as provided under subd. 7. par. (d),
3468	3468	for at least 5 years after the pupil ceases to attend the private school.
3469	3469	(b) Upon A private school shall, upon request, provide a pupil or the parent or
3470	3470	guardian of a minor pupil who is attending the private school under this section the
3471	3471	choice program with a copy of the pupil's progress records.
3472	3472	(c) Issue A participating private school shall issue a high school diploma or
3473	3473	certificate to each pupil who attends the participating private school under this
3474	3474	1
3475	3475	2
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3500	3500	SECTION 165
3501	3501	SENATE BILL 989
3502	3502	section the choice program and satisfactorily completes the course of instruction and
3503	3503	any other requirements necessary for high school graduation.
3504	3504	SECTION 166. 118.60 (7) (b) 7. a. and b. of the statutes are consolidated,
3505	3505	renumbered 118.80 (9) (d) 1. and amended to read:
3506	3506	118.80 (9) (d) 1. Except as provided in subd. 7. b., if the 2., if a private school
3507	3507	ceases operating as a private school, the private school shall immediately transfer
3508	3508	all of the progress records of each pupil who attended the private school under this
3509	3509	section to the choice program to the school board of the school district within which
3510	3510	the pupil resides. The private school shall send written notice to each pupil, or to the
3511	3511	parent or guardian of a minor pupil, of the transfer of progress records under this
3512	3512	subd. 7. a. b. If the private school is affiliated with an organization that will maintain
3513	3513	the progress records of each pupil who attended the private school under this section
3514	3514	the choice program for at least 5 years after the private school ceases operation as
3515	3515	a private school, the private school may transfer a pupil's records to the organization
3516	3516	if the pupil, or the parent or guardian of a minor pupil, consents in writing to the
3517	3517	release of the progress records to the affiliated organization. The private school shall
3518	3518	send to the department a copy of the consent form for each pupil who consents to the
3519	3519	transfer of progress records under this subd. 7. b. subdivision. The written notice
3520	3520	shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall
3521	3521	include the name, phone number, mailing address, and other relevant contact
3522	3522	information of the organization that will maintain the progress records, and a
3523	3523	declaration by the affiliated organization that the organization agrees to maintain
3524	3524	the progress records for at least 5 years after the private school ceases operation as
3525	3525	a private school.
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3551	3551	SECTION 167 SENATE BILL 989
3552	3552	SECTION 167. 118.60 (7) (c) of the statutes is renumbered 118.79 (4) and
3553	3553	amended to read:
3554	3554	118.79 (4) RELIGIOUS ACTIVITY; PUPIL EXEMPTION. A participating private school
3555	3555	may not require a pupil attending the participating private school under this section
3556	3556	the choice program to participate in any religious activity if the pupil's parent or
3557	3557	guardian submits to the pupil's teacher or the participating private school's principal
3558	3558	a written request that the pupil be exempt from such activities.
3559	3559	SECTION 168. 118.60 (7) (d) (intro.) and 3. of the statutes are repealed.
3560	3560	SECTION 169. 118.60 (7) (d) 1. a. of the statutes is renumbered 118.75 (1) and
3561	3561	amended to read:
3562	3562	118.75 (1) DEFINITION. In this subdivision section, “municipality" has the
3563	3563	meaning given in s. 5.02 (11).
3564	3564	SECTION 170. 118.60 (7) (d) 1. b. of the statutes is renumbered 118.75 (3) (a) and
3565	3565	amended to read:
3566	3566	118.75 (3) (a) A copy of the participating private school's current certificate of
3567	3567	occupancy issued by the municipality within which the participating private school
3568	3568	is located.
3569	3569	(4) NEW LOCATION; CERTIFICATE. If the participating private school moves to a
3570	3570	new location, the participating private school shall submit a copy of the new
3571	3571	certificate of occupancy issued by the municipality within which the participating
3572	3572	private school is located to the department before the attendance of pupils at the new
3573	3573	location and before the next succeeding date specified in s. 121.05 (1) (a) September
3574	3574	count date or the January count date, whichever occurs next.
3575	3575	(3) (b) If the municipality within which the participating private school is
3576	3576	located does not issue certificates of occupancy, the private school may submit a
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3604	3604	SECTION 170
3605	3605	SENATE BILL 989
3606	3606	certificate of occupancy issued by the local or regional governmental unit with
3607	3607	authority to issue certificates of occupancy or a letter or form from the municipality
3608	3608	within which the participating private school is located that explains that the
3609	3609	municipality does not issue certificates of occupancy.
3610	3610	(5) TEMPORARY CERTIFICATE. A temporary certificate of occupancy does not meet
3611	3611	the requirement requirements of this subdivision. This subdivision applies only to
3612	3612	a private school located in an eligible school district section.
3613	3613	SECTION 171. 118.60 (7) (dr) of the statutes is renumbered 118.80 (9) (e) and
3614	3614	amended to read:
3615	3615	118.80 (9) (e) A private school participating in the program under this section
3616	3616	may elect to maintain an electronic copy of any application submitted on behalf of
3617	3617	and any correspondence to or about a pupil attending the private school under this
3618	3618	section the choice program instead of a paper copy of the application and
3619	3619	correspondence. The private school shall maintain electronic copies of pupil
3620	3620	applications and correspondence for a period of at least 5 years.
3621	3621	SECTION 172. 118.60 (7) (e) of the statutes is renumbered 118.80 (7) and
3622	3622	amended to read:
3623	3623	118.80 (7) PUPIL ASSESSMENTS. Each participating private school participating
3624	3624	in the program under this section shall administer the examinations required under
3625	3625	s. 118.30 (1t) or examinations permitted under s. 118.301 (3) to pupils attending the
3626	3626	participating private school under the choice program. The participating private
3627	3627	school may administer additional standardized tests to such pupils.
3628	3628	SECTION 173. 118.60 (7) (em) 1. and 2. of the statutes are renumbered 118.74
3629	3629	(4) (b) and (c) and amended to read:
3630	3630	1
3631	3631	2
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3655	3655	SECTION 173 SENATE BILL 989
3656	3656	118.74 (4) (b) The governing body of each Each participating private school
3657	3657	participating in the program under this section shall, subject to subd. 2. par. (c),
3658	3658	annually, by the first weekday in August 1 , provide the department with evidence
3659	3659	demonstrating that the participating private school remains accredited for the
3660	3660	current school year as required under par. (ad) (a). The governing body participating
3661	3661	private school shall include as evidence of accreditation a notice prepared by an
3662	3662	accrediting entity that confirms that the participating private school is accredited by
3663	3663	that entity as of the date of the notice.
3664	3664	(c) The governing body A participating private school shall immediately notify
3665	3665	the department if its accreditation status changes.
3666	3666	SECTION 174. 118.60 (7) (g) of the statutes is renumbered 118.80 (5) and
3667	3667	amended to read:
3668	3668	118.80 (5) AIR QUALITY REQUIREMENTS. (a) By the first day of the 3rd month
3669	3669	beginning after the month in which the department establishes the model
3670	3670	management plan and practices for maintaining indoor environmental quality in
3671	3671	public and private schools under s. 118.075 (3), or by weekday in October 1 of a
3672	3672	private school's first school year of participation in the choice program under this
3673	3673	section, whichever is later, the participating private school shall provide for the
3674	3674	development of a plan for maintaining indoor environmental quality in the
3675	3675	participating private school. Participating private schools may use the model
3676	3676	management plan and practices for maintaining indoor environmental quality
3677	3677	developed under s. 118.075 (3) when developing a plan required under this
3678	3678	paragraph.
3679	3679	(b) By the first day of the 12th month beginning after the month in which the
3680	3680	department establishes the model management plan and practices for maintaining
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3708	3708	SECTION 174
3709	3709	SENATE BILL 989
3710	3710	indoor environmental quality in public and private schools under s. 118.075 (3), or
3711	3711	by the beginning of the 2nd school year of participation in the choice program under
3712	3712	this section, whichever is later, the, a participating private school shall implement
3713	3713	a plan for maintaining indoor environmental quality in the participating private
3714	3714	school.
3715	3715	(c) Each participating private school participating in the program under this
3716	3716	section shall provide a copy of the plan implemented under subd. 2. par. (b) to any
3717	3717	person upon request.
3718	3718	SECTION 175. 118.60 (7) (h) of the statutes is renumbered 118.81 (4) and
3719	3719	amended to read:
3720	3720	118.81 (4) BACKGROUND CHECKS. Beginning in the 2018-19 school year, each
3721	3721	Each participating private school participating in the program under this section
3722	3722	shall conduct criminal background investigations of its employees and exclude from
3723	3723	employment any person not permitted to hold a teaching license as the result of an
3724	3724	offense and any person who might reasonably be believed to pose a threat to the
3725	3725	safety of others.
3726	3726	SECTION 176. 118.60 (7m) (a) (intro.), 1. and 2., (b) and (c) of the statutes are
3727	3727	renumbered 118.76 (1) (intro.), (a) (intro.) and (b), (2) and (3), and 118.76 (1) (intro.),
3728	3728	(a) (intro.) and (b), (2) (a) (intro.) and 2. and (b) and (3), as renumbered, are amended
3729	3729	to read:
3730	3730	118.76 (1) SURETY BOND OR BUDGET REQUIREMENT. (intro.) By the first weekday
3731	3731	in May 1 before the first school term that a private school participates in the choice
3732	3732	program under this section or s. 119.23, a participating private school shall submit
3733	3733	to the department one of the following:
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3759	3759	SECTION 176 SENATE BILL 989
3760	3760	(a) (intro.) A surety bond payable to the state in an amount equal to 25 percent
3761	3761	of the total amount of payments the participating private school expects to receive
3762	3762	under this section and s. 119.23 under the choice program during the first school year
3763	3763	the private school participates in the program under this section. choice program.
3764	3764	If a new private school selects this option to satisfy this subsection, the new private
3765	3765	school shall provide an updated surety bond if all of the following apply:
3766	3766	(b) A complete anticipated budget, on a form provided by the department, for
3767	3767	the first fiscal period of participation in the choice program under this section and
3768	3768	evidence of financial viability, as prescribed by the department by rule. The
3769	3769	participating private school shall include in the budget the anticipated enrollments
3770	3770	for all pupils enrolled in the participating private school and for pupils enrolled in
3771	3771	the participating private school under this section the choice program; estimated
3772	3772	revenues and costs; a schedule of anticipated beginning and ending net choice
3773	3773	program assets; and a schedule of monthly cash flow requirements. The
3774	3774	participating private school shall include in the budget contingent funding sources
3775	3775	the participating private school will use in the event that actual enrollments are less
3776	3776	than expected.
3777	3777	(2) (a) (intro.) If a participating private school submits a surety bond under par.
3778	3778	(a) 1. sub. (1) (a), the participating private school shall annually provide, by the first
3779	3779	weekday in May 1 , a surety bond payable to the state until the participating private
3780	3780	school submits all of the following to the department:
3781	3781	2. Evidence of sound fiscal and internal control practices under sub. (7) (am)
3782	3782	2m. b. s. 118.83 (5) for the school year in the financial audit submitted under subd.
3783	3783	1. a. and for the subsequent school year, neither of which indicates that does not
3784	3784	contain evidence that the participating private school is not financially viable.
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3786	3786	2
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3810	3810	LRB-5782/1
3811	3811	FFK:emw&wlj
3812	3812	SECTION 176
3813	3813	SENATE BILL 989
3814	3814	(b) A participating private school shall provide a surety bond under this
3815	3815	paragraph subsection in an amount equal to 25 percent of the total amount of
3816	3816	payments the private school expects to receive under this section and s. 119.23 the
3817	3817	choice program during the following school year.
3818	3818	(3) BUDGET REVIEW; FINANCIAL VIABILITY. If a private school submits a complete
3819	3819	anticipated budget under par. (a) 2. sub. (1) (b), the department shall determine
3820	3820	whether the private school is financially viable by the first weekday in August 1. If
3821	3821	the department determines that the private school is not financially viable, the
3822	3822	private school is not eligible to participate in the choice program under this section
3823	3823	or s. 119.23 in the current school year.
3824	3824	SECTION 177. 118.60 (9) of the statutes is renumbered 118.74 (6) and amended
3825	3825	to read:
3826	3826	118.74 (6) FAILURE TO MEET PRIVATE SCHOOL REQUIREMENTS; NOTIFICATION. If any
3827	3827	an accrediting or preaccrediting entity determines during the accrediting or
3828	3828	preaccrediting process that a participating private school does not meet all of the
3829	3829	requirements under s. 118.165 (1), it shall report that failure to the department.
3830	3830	SECTION 178. 118.60 (9m) of the statutes is renumbered 118.80 (4) (intro.) and
3831	3831	amended to read:
3832	3832	118.80 (4) ACCOUNTABILITY REPORT; POSTING. (intro.) Beginning in September
3833	3833	2016, and annually thereafter, the governing body of a private school participating
3834	3834	in the program under this section that maintains an Internet site for the private
3835	3835	school shall, if the private school is included in the most recent accountability report
3836	3836	published under s. 115.385, Annually, within 30 days after the department publishes
3837	3837	the accountability report, under s. 115.385, a participating private school shall
3838	3838	prominently link on the home page of that Internet site to the pages in that the
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3864	3864	FFK:emw&wlj
3865	3865	SECTION 178 SENATE BILL 989
3866	3866	participating private school's most recent accountability report concerning the
3867	3867	private school. on the home page of the participating private school's website if all
3868	3868	of the following apply:
3869	3869	SECTION 179. 118.60 (10) (a) (intro.), 1., 2., 3., 5., 6., 7. and 8. of the statutes are
3870	3870	renumbered 118.85 (1) (intro.), (a), (b), (c), (d), (e), (f) and (g) and amended to read:
3871	3871	118.85 (1) BARRED; CURRENT SCHOOL YEAR. (intro.) The state superintendent
3872	3872	may issue an order barring a private school from participating in the choice program
3873	3873	under this section in the current school year if the state superintendent determines
3874	3874	that the private school has done any of the following:
3875	3875	(a) Intentionally or negligently misrepresented any information required
3876	3876	under this section subchapter or any rule promulgated under this section
3877	3877	subchapter.
3878	3878	(b) Failed to provide the notice or pay the fee required under sub. (2) (a) 3. s.
3879	3879	118.73 (1), or provide the information required under sub. (7) (am) or (d) s. 118.75 or
3880	3880	118.83, by the date or within the period specified.
3881	3881	(c) Failed to refund to the state any overpayment made under sub. (4) or (4m)
3882	3882	the choice program by the date specified by department rule.
3883	3883	(d) Failed to provide the information required under sub. (6m) or (6p) s. 118.78.
3884	3884	(e) Failed to comply with the requirements under sub. (7) (b), (c), or (h) or (7m)
3885	3885	s. 118.76, 118.79 (3) or (4), 118.80 (3), (6), or (9) (d), or 118.81 (3) or (4).
3886	3886	(f) Violated sub. (7) (b) 4., 5., or 6. s. 118.80 (9) (a), (b), or (c).
3887	3887	(g) Before the end of a 7-year period beginning on the date of an order issued
3888	3888	by the state superintendent under this subsection section, s. 118.60, 2023 stats., or
3889	3889	s. 119.23, 2023 stats., retained a disqualified person, for compensation or as a
3890	3890	volunteer, as an owner, officer, director, trustee, administrator, person designated by
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3916	3916	LRB-5782/1
3917	3917	FFK:emw&wlj
3918	3918	SECTION 179
3919	3919	SENATE BILL 989
3920	3920	the administrator to assist in processing pupil applications, or person responsible for
3921	3921	administrative, financial, or pupil health and safety matters.
3922	3922	SECTION 180. 118.60 (10) (am) of the statutes is renumbered 118.85 (2), and
3923	3923	118.85 (2) (intro.), (a), (c) and (d), as renumbered, are amended to read:
3924	3924	118.85 (2) BARRED; FOLLOWING SCHOOL YEAR. (intro.) If the state superintendent
3925	3925	determines that any of the following have occurred, he or she the state
3926	3926	superintendent may issue an order barring the a private school from participating
3927	3927	in the choice program under this section in the following school year:
3928	3928	(a) The private school has not complied with the requirements under sub. (7)
3929	3929	(em) s. 118.74 (4).
3930	3930	(c) The private school has not achieved accreditation within the period allowed
3931	3931	under sub. (2) (a) 7. s. 118.74 (2) (b).
3932	3932	(d) The private school intentionally or negligently misrepresented any
3933	3933	information required under this section subchapter or any rule promulgated under
3934	3934	this section subchapter.
3935	3935	SECTION 181. 118.60 (10) (ar) of the statutes is renumbered 118.85 (3) and
3936	3936	amended to read:
3937	3937	118.85 (3) (a) If the state superintendent determines that a participating
3938	3938	private school has failed to continuously maintain accreditation as required under
3939	3939	sub. (7) (ad) s. 118.74 (4), that the governing body of the participating private school
3940	3940	has withdrawn the participating private school from the accreditation process, or
3941	3941	that the participating private school's accreditation has been revoked, denied, or
3942	3942	terminated by an accrediting entity, the state superintendent shall issue an order
3943	3943	barring the private school's participation in the choice program under this section at
3944	3944	the end of the current school year.
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3970	3970	FFK:emw&wlj
3971	3971	SECTION 181 SENATE BILL 989
3972	3972	(b) A private school whose participation in the choice program under this
3973	3973	section is barred under subd. 1. par. (a) may not participate in the choice program
3974	3974	under this section or under s. 119.23 until the governing body of the private school
3975	3975	demonstrates to the satisfaction of the department that it has obtained accreditation
3976	3976	from an accrediting entity, provided the accreditation is from an entity other than the
3977	3977	entity with which the private school failed to continuously maintain accreditation or,
3978	3978	if the private school's accreditation was revoked, denied, or terminated, other than
3979	3979	the entity that revoked, denied, or terminated the private school's accreditation.
3980	3980	SECTION 182. 118.60 (10) (b) of the statutes is renumbered 118.85 (4) and
3981	3981	amended to read:
3982	3982	118.85 (4) HEALTH AND SAFETY OF PUPILS. The state superintendent may issue
3983	3983	an order immediately terminating a private school's participation in the choice
3984	3984	program under this section if he or she the state superintendent determines that
3985	3985	conditions at the private school present an imminent threat to the health or safety
3986	3986	of pupils.
3987	3987	SECTION 183. 118.60 (10) (c) of the statutes is renumbered 118.85 (5) and
3988	3988	amended to read:
3989	3989	118.85 (5) PARENTAL NOTIFICATION. Whenever the state superintendent issues
3990	3990	an order under par. (a), (am), (ar), or (b), he or she sub. (1), (2), (3), or (4), the state
3991	3991	superintendent shall immediately notify the parent or guardian of each pupil
3992	3992	attending the private school under this section the choice program.
3993	3993	SECTION 184. 118.60 (10) (d) of the statutes is renumbered 118.85 (6) and
3994	3994	amended to read:
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4018	4018	LRB-5782/1
4019	4019	FFK:emw&wlj
4020	4020	SECTION 184
4021	4021	SENATE BILL 989
4022	4022	118.85 (6) WITHHOLDING PAYMENTS. The state superintendent may withhold
4023	4023	payment from a participating private school under subs. (4) and (4m) s. 118.84 if the
4024	4024	participating private school violates this section subchapter or s. 115.383 (3) (b).
4025	4025	SECTION 185. 118.60 (11) of the statutes is renumbered 118.87 and amended
4026	4026	to read:
4027	4027	118.87 Department; duties. The department shall do all of the following:
4028	4028	(1) RULES. Promulgate rules to implement and administer this section
4029	4029	subchapter. The department may not by rule establish standards under sub. (7) (am)
4030	4030	s. 118.83 or 118.84 (7) that exceed the standards established by the American
4031	4031	Institute of Certified Public Accountants.
4032	4032	(2) NOTIFICATION; CHOICE PROGRAM CHANGES. Notify each participating private
4033	4033	school participating in the program under this section of any proposed changes to the
4034	4034	choice program or to administrative rules governing the choice program, including
4035	4035	changes to application or filing deadlines but not including changes to provisions
4036	4036	governing health or safety, prior to the beginning of the school year in which the
4037	4037	change takes effect.
4038	4038	(3) NOTIFICATION; RECEIPT OF ACCREDITATION STATUS. Within 10 days after
4039	4039	receiving the information submitted as required under sub. (7) (em) s. 118.74 (4) (b),
4040	4040	notify the participating private school of receipt of accreditation status.
4041	4041	(4) RELEASE OF PUBLIC DATA. When the department publicly releases data
4042	4042	related to enrollment of, standardized test results for, applications submitted by, or
4043	4043	waiting lists for pupils participating in or seeking to participate in the choice
4044	4044	program under this section, release the data all at the same time, uniformly, and
4045	4045	completely.
4046	4046	SECTION 186. 118.60 (12) of the statutes is repealed.
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4072	4072	FFK:emw&wlj
4073	4073	SECTION 187 SENATE BILL 989
4074	4074	SECTION 187. Subchapter II (title) of chapter 118 [precedes 118.70] of the
4075	4075	statutes is created to read:
4076	4076	CHAPTER 118
4077	4077	SUBCHAPTER II
4078	4078	PRIVATE SCHOOL CHOICE PROGRAM
4079	4079	SECTION 188. 118.70 (3), (6), (7), (8), (9), (11), (12), (16), (17), (18) and (20) of the
4080	4080	statutes are created to read:
4081	4081	118.70 (3) “Choice program” means any of the following:
4082	4082	(a) The program administered under this subchapter.
4083	4083	(b) The program administered under s. 118.60, 2023 stats., or s. 119.23, 2023
4084	4084	stats.
4085	4085	(6) “Family income" means the federal adjusted gross income of the parents of
4086	4086	a pupil who reside in the same household as the pupil. “Family income" does not
4087	4087	include money earned by a pupil in the work based learning program created under
4088	4088	s. 118.56.
4089	4089	(7) “January count date” means the 2nd Friday in January or an alternative
4090	4090	count date designated by the department under s. 118.87 (6).
4091	4091	(8) “January pupil count report” means a report submitted to the department
4092	4092	that includes the number of pupils attending a participating private school under the
4093	4093	choice program on the January count date.
4094	4094	(9) “Milwaukee pupil” means a pupil who resides in a 1st class city school
4095	4095	district.
4096	4096	(11) (a) “Parent” means an individual who resides in the same household as a
4097	4097	pupil and who is any of the following in relation to the pupil:
4098	4098	1. A biological parent.
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4124	4124	LRB-5782/1
4125	4125	FFK:emw&wlj
4126	4126	SECTION 188
4127	4127	SENATE BILL 989
4128	4128	2. A legal guardian.
4129	4129	3. An adoptive parent.
4130	4130	4. A stepparent.
4131	4131	(b) For purposes of par. (a), an individual listed in par. (a) 1. to 4. who is on active
4132	4132	military duty is considered to reside in the same household as a pupil.
4133	4133	(c) If no individual meets the requirements under par. (a), “parent” means an
4134	4134	individual who has the legal authority to make educational decisions for a pupil.
4135	4135	(12) “Participating private school” means a private school participating in the
4136	4136	choice program.
4137	4137	(16) “Racine pupil” means a pupil who resides in the Racine Unified School
4138	4138	District.
4139	4139	(17) “September count date” means the 3rd Friday in September or an
4140	4140	alternative date designated by the department under s. 118.87 (6).
4141	4141	(18) “September pupil count report” means a report submitted to the
4142	4142	department that includes the number of pupils attending a participating private
4143	4143	school under the choice program on the September count date.
4144	4144	(20) “Wisconsin pupil” means a pupil who resides in this state but does not
4145	4145	reside in a 1st class city school district or the Racine Unified School District.
4146	4146	SECTION 189. 118.71 of the statutes is created to read:
4147	4147	118.71 Pupil reenrollment. (1) DEFINITIONS. In this section:
4148	4148	(a) “Continuing pupil” means a pupil who meets all of the following criteria:
4149	4149	1. The pupil was included as a choice program pupil in the participating private
4150	4150	school's January pupil count report for the current school year and subsequently has
4151	4151	not been determined ineligible to participate in the choice program.
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4176	4176	FFK:emw&wlj
4177	4177	SECTION 189 SENATE BILL 989
4178	4178	2. The pupil is not in the highest grade that will be offered by the participating
4179	4179	private school in the following school year.
4180	4180	3. The pupil will not be 21 years of age by September 1 of the following school
4181	4181	year.
4182	4182	4. The pupil resides in this state.
4183	4183	(b) “Reenrollment acceptance deadline” means the 10th day after the 4th
4184	4184	Friday in January of the current school year.
4185	4185	(c) “Reenrollment notification period” means the period beginning on the date
4186	4186	the participating private school submits the January pupil count report for the
4187	4187	current school year or the 4th Friday in January of the current school year, whichever
4188	4188	is earlier, and ending on the 4th day after the 4th Friday in January.
4189	4189	(2) REENROLLMENT NOTIFICATION PROCESS. In the 2025-26 school year and each
4190	4190	school year thereafter, during the reenrollment notification period, a participating
4191	4191	private school shall do all of the following:
4192	4192	(a) If the number of choice program seats the participating private school has
4193	4193	available in a grade for the following school year is less than the number of
4194	4194	continuing pupils attending the participating private school who will be in that grade
4195	4195	in the following school year, the participating private school shall do all of the
4196	4196	following for the grade:
4197	4197	1. Determine which continuing pupils receive a choice program seat for the
4198	4198	following school year on a random basis.
4199	4199	2. Notify the parent of each continuing pupil who does not receive a choice
4200	4200	program seat under subd. 1. that the continuing pupil is on the choice program
4201	4201	waiting list established under s. 118.72 (3) (d) for the following school year.
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4226	4226	LRB-5782/1
4227	4227	FFK:emw&wlj
4228	4228	SECTION 189
4229	4229	SENATE BILL 989
4230	4230	3. Notify the parent of each continuing pupil who was selected to receive a
4231	4231	choice program seat under subd. 1. that the continuing pupil has a choice program
4232	4232	seat at the participating private school for the following school year. The notice
4233	4233	under this subdivision shall include the reenrollment acceptance deadline and, if the
4234	4234	participating private school elects to proceed under sub. (3) (b), a statement that, if
4235	4235	the participating private school does not receive a written or verbal acceptance from
4236	4236	the continuing pupil's parent by the reenrollment acceptance deadline, the choice
4237	4237	program seat offered to the continuing pupil under the reenrollment process will be
4238	4238	revoked.
4239	4239	(b) If the number of choice program seats a participating private school has
4240	4240	available in a grade is at least the number of continuing pupils attending the
4241	4241	participating private school who will be in that grade in the following school year, the
4242	4242	participating private school shall notify the parent of each continuing pupil who will
4243	4243	be in the grade in the following school year that the continuing pupil has a choice
4244	4244	program seat at the participating private school for the following school year. The
4245	4245	notice shall include the reenrollment acceptance deadline and, if the participating
4246	4246	private school elects to proceed under sub. (3) (b), a statement that, if the
4247	4247	participating private school does not receive a written or verbal acceptance from the
4248	4248	continuing pupil's parent by the reenrollment acceptance deadline, the choice
4249	4249	program seat offered to the continuing pupil under the reenrollment process will be
4250	4250	revoked.
4251	4251	(3) REENROLLMENT ACCEPTANCE. If the parent of a continuing pupil who receives
4252	4252	a choice program seat at a participating private school under sub. (2) does not provide
4253	4253	the participating private school with a written or verbal acceptance of the choice
4254	4254	program seat by the reenrollment acceptance deadline, the participating private
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4280	4280	FFK:emw&wlj
4281	4281	SECTION 189 SENATE BILL 989
4282	4282	school shall do one of the following for continuing pupils who have not accepted a
4283	4283	choice program seat offered under sub. (2):
4284	4284	(a) Grant a choice program seat to all continuing pupils who were offered a
4285	4285	choice program seat under sub. (2) unless a continuing pupil's parent has notified the
4286	4286	participating private school, in writing, that the continuing pupil will not attend the
4287	4287	participating private school under the choice program in the following school year.
4288	4288	(b) By 2 days after the reenrollment acceptance deadline, in writing, notify each
4289	4289	parent of a continuing pupil who was offered a choice program seat under sub. (2) and
4290	4290	who did not provide the participating private school with a written or verbal
4291	4291	acceptance of the choice program seat by the reenrollment acceptance deadline that
4292	4292	the participating private school did not receive a written or verbal acceptance by the
4293	4293	reenrollment acceptance deadline and that the choice program seat offered to the
4294	4294	pupil under the reenrollment process has been revoked. The notice shall include a
4295	4295	statement that the parent may complete an application for the continuing pupil
4296	4296	during an open application period if the continuing pupil would like to attend the
4297	4297	participating private school under the choice program in the following school year.
4298	4298	SECTION 190. 118.72 (title) of the statutes is created to read:
4299	4299	118.72 (title) Pupil eligibility and application.
4300	4300	SECTION 191. 118.72 (1) (b) of the statutes is created to read:
4301	4301	118.72 (1) (b) Wisconsin pupils. For a Wisconsin pupil, the pupil is a member
4302	4302	of a family that has a total family income that does not exceed an amount equal to
4303	4303	2.2 times the poverty level determined in accordance with criteria established by the
4304	4304	director of the federal office of management and budget.
4305	4305	SECTION 192. 118.72 (1) (c) of the statutes is created to read:
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4330	4330	LRB-5782/1
4331	4331	FFK:emw&wlj
4332	4332	SECTION 192
4333	4333	SENATE BILL 989
4334	4334	118.72 (1) (c) Prior year attendance. For a Racine pupil or a Wisconsin pupil,
4335	4335	the pupil satisfies at least one of the following:
4336	4336	1. The pupil was enrolled in a public school in the previous school year.
4337	4337	2. The pupil was not enrolled in school in the previous school year.
4338	4338	3. The pupil attended a participating private school under the choice program
4339	4339	in the previous school year.
4340	4340	4. The pupil was on a waiting list to attend a participating private school under
4341	4341	the choice program during the previous school year.
4342	4342	5. The pupil is applying to attend kindergarten, first grade, or 9th grade at a
4343	4343	participating private school.
4344	4344	6. The pupil attended a school in another state in the previous school year.
4345	4345	7. The pupil is a Wisconsin pupil who was on a waiting list under s. 118.60 (3)
4346	4346	(ar), 2023 stats., in any previous school year.
4347	4347	SECTION 193. 118.72 (2) of the statutes is created to read:
4348	4348	118.72 (2) INCOME REQUIREMENT EXCLUSIONS. The income requirement in sub.
4349	4349	(1) (a) or (b), whichever is applicable to a pupil, does not apply to the pupil if any of
4350	4350	the following applies:
4351	4351	(a) The pupil attended a participating private school under the choice program
4352	4352	in the previous school year.
4353	4353	(b) For a pupil applying to participate in the choice program after the
4354	4354	September count date, the pupil is a Milwaukee pupil who was included in the
4355	4355	September pupil count report as participating in the choice program if the pupil is
4356	4356	not subsequently determined ineligible for the choice program.
4357	4357	(c) The pupil was on a waiting list to attend a participating private school under
4358	4358	the choice program during the previous school year.
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4384	4384	FFK:emw&wlj
4385	4385	SECTION 194 SENATE BILL 989
4386	4386	SECTION 194. 118.72 (3) (title) of the statutes is created to read:
4387	4387	118.72 (3) (title) PUPIL APPLICATIONS.
4388	4388	SECTION 195. 118.72 (3) (d) of the statutes is created to read:
4389	4389	118.72 (3) (d) Waiting list. If a participating private school selects pupils under
4390	4390	par. (c) on a random basis, the participating private school shall do all of the following
4391	4391	for each pupil who did not receive a choice program seat for the following school year:
4392	4392	1. Add the pupil to the choice program waiting list.
4393	4393	2. Notify the pupil's parent, in writing, that the pupil has been placed on the
4394	4394	choice program waiting list. The notification shall identify the pupil's place on the
4395	4395	waiting list.
4396	4396	SECTION 196. 118.72 (4) of the statutes is created to read:
4397	4397	118.72 (4) INCOME VERIFICATION. (a) Information provided by parent. 1. If a
4398	4398	pupil is required to meet the income eligibility requirement under sub. (1) (a) or (b),
4399	4399	the pupil's parent shall provide all of the following information to the department as
4400	4400	part of the application under sub. (3):
4401	4401	a. The names of the pupil's parents who reside in the same household as the
4402	4402	pupil.
4403	4403	b. If the application contains more than one parent, whether the parents on the
4404	4404	application are married.
4405	4405	c. The names of all of the other members of the pupil's family residing in the
4406	4406	same household as the pupil.
4407	4407	d. Whether the parent would like the pupil's income eligibility determination
4408	4408	completed using the department of revenue income determination method under
4409	4409	par. (d) or the department income determination method under par. (e).
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4435	4435	FFK:emw&wlj
4436	4436	SECTION 196
4437	4437	SENATE BILL 989
4438	4438	2. During the open application period in which an application is received, a
4439	4439	pupil's parent may change the income eligibility determination method selection
4440	4440	under subd. 1. d. if the pupil has not been determined ineligible under the income
4441	4441	determination method previously selected.
4442	4442	(b) Social security number or federal tax identification number. If a pupil's
4443	4443	parent selects the department of revenue income determination method under par.
4444	4444	(a) 1. d., the pupil's parent or the participating private school shall provide the social
4445	4445	security number or other state and federal tax identification number for each parent
4446	4446	under par. (a) 1. a.
4447	4447	(c) Income adjustment for marriage. If the parents on the application are
4448	4448	married, the pupil's family income shall be reduced by $7,000 before the verification
4449	4449	is made under this subsection.
4450	4450	(d) Department of revenue income determination method. 1. If a pupil's parent
4451	4451	selects the department of revenue income eligibility method under par. (a) 1. d., the
4452	4452	department of revenue shall review the information submitted under this section
4453	4453	and verify the eligibility or ineligibility of the pupil to participate in the choice
4454	4454	program on the basis of family income. The determination under this paragraph
4455	4455	shall be based on the family income for the following tax year:
4456	4456	a. The tax year preceding the school year for which family income is being
4457	4457	verified.
4458	4458	b. If income for the tax year in subd. 1. a. is not available, the tax year 2 years
4459	4459	prior to the school year for which family income is being verified.
4460	4460	2. The department of revenue shall notify the department of public instruction,
4461	4461	the participating private school, and the pupil's parent of its determination of
4462	4462	whether the pupil is eligible for the choice program based on family income.
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4489	4489	SECTION 196 SENATE BILL 989
4490	4490	3. The department of revenue may take no other action on the basis of the
4491	4491	information submitted under this subsection.
4492	4492	4. The department of public instruction may not request from a pupil's family
4493	4493	any additional information related to the pupil's family income once the department
4494	4494	of revenue has verified that the pupil is eligible to participate in the choice program
4495	4495	on the basis of family income.
4496	4496	(e) Department income determination method. If a pupil's parent selects the
4497	4497	department of public instruction income verification method under par. (a) 1. d., the
4498	4498	parent shall use the income verification procedure established by the department by
4499	4499	rule. The determination under this paragraph shall be based on the family income
4500	4500	for the tax year preceding the school year for which family income is being verified.
4501	4501	SECTION 197. 118.73 (title) and (1) of the statutes are created to read:
4502	4502	118.73 (title) Private school registration. (1) PRIVATE SCHOOL ELIGIBILITY;
4503	4503	INTENT TO PARTICIPATE AND ANNUAL FEE. To be eligible to participate in the choice
4504	4504	program in the following school year, a private school shall submit all of the following
4505	4505	to the department:
4506	4506	(a) By 2 days before the 2nd Friday in January, a notice of intent to participate
4507	4507	that includes all of the following:
4508	4508	1. An agreement to comply with procedural requirements.
4509	4509	2. The name and location of the accredited institution of higher education from
4510	4510	which the administrator of the private school received at least a bachelor's degree
4511	4511	and the date the degree was received; the license number of the private school's
4512	4512	administrator's teaching or administrator license issued by the department; or an
4513	4513	indication that the administrator of the private school is excluded from this
4514	4514	requirement under s. 118.81 (2) (b).
4515	4515	1
4516	4516	2
4517	4517	3
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4541	4541	FFK:emw&wlj
4542	4542	SECTION 197
4543	4543	SENATE BILL 989
4544	4544	3. Each physical location at which the private school intends to operate.
4545	4545	4. The number of choice program seats the private school has available in the
4546	4546	following school year for pupils attending the private school under the choice
4547	4547	program.
4548	4548	5. A plan for selecting applicants on a random basis.
4549	4549	6. The open application periods during which the private school will accept
4550	4550	applications under s. 118.72.
4551	4551	7. The grades at which the private school will offer choice program seats.
4552	4552	8. Whether or not the private school intends to offer virtual instruction and, if
4553	4553	so, the amount and type of virtual instruction the private school intends to offer.
4554	4554	(b) By 2 days before the 2nd Friday in January, the nonrefundable annual fee
4555	4555	set by the department. The department shall by rule set the fee charged under this
4556	4556	paragraph at an amount such that the total fee revenue covers the costs of employing
4557	4557	one full-time auditor to evaluate the financial information submitted by
4558	4558	participating private schools.
4559	4559	SECTION 198. 118.74 (title) of the statutes is created to read:
4560	4560	118.74 (title) Accreditation.
4561	4561	SECTION 199. 118.74 (3) (title) of the statutes is created to read:
4562	4562	118.74 (3) (title) ADDING ADDITIONAL GRADES.
4563	4563	SECTION 200. 118.74 (3) (a) 2. of the statutes is created to read:
4564	4564	118.74 (3) (a) 2. Achieve accreditation for the high school grades by the first
4565	4565	weekday in December of the 3rd school year following the first school year in which
4566	4566	the private school provides instruction in a high school grade.
4567	4567	SECTION 201. 118.74 (3) (b) 2. of the statutes is created to read:
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4593	4593	SECTION 201 SENATE BILL 989
4594	4594	118.74 (3) (b) 2. Achieve accreditation for the elementary grades by the first
4595	4595	weekday in December of the 3rd school year following the first school year in which
4596	4596	the private school provides instruction in an elementary grade.
4597	4597	SECTION 202. 118.74 (4) (title) of the statutes is created to read:
4598	4598	118.74 (4) (title) CONTINUOUS ACCREDITATION.
4599	4599	SECTION 203. 118.75 (title) of the statutes is created to read:
4600	4600	118.75 (title) Certificate of occupancy; requirement.
4601	4601	SECTION 204. 118.75 (2) of the statutes is created to read:
4602	4602	118.75 (2) PHYSICAL LOCATION REQUIRED. A participating private school shall
4603	4603	maintain at least one physical location in this state from which the school is operated.
4604	4604	SECTION 205. 118.75 (3) (intro.) of the statutes is created to read:
4605	4605	118.75 (3) REQUIRED SUBMISSION. (intro.) By the first weekday in August before
4606	4606	the first school term of participation in the choice program, or by the first weekday
4607	4607	in May if the private school begins participation in the choice program during
4608	4608	summer school, each participating private school shall submit one of the following
4609	4609	to the department:
4610	4610	SECTION 206. 118.76 (title) and (2) (title) of the statutes are created to read:
4611	4611	118.76 (title) First-time private school participant. (2) (title) CONTINUING
4612	4612	SURETY BOND REQUIREMENT.
4613	4613	SECTION 207. 118.76 (1) (a) 1. and 2. of the statutes are created to read:
4614	4614	118.76 (1) (a) 1. The total payments the new private school expects to receive
4615	4615	on the basis of the intent to participate provided under s. 118.73 (1) exceeds the total
4616	4616	expected choice program payments on the basis of the form provided under s. 118.77
4617	4617	(1) by at least $50,000.
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4642	4642	LRB-5782/1
4643	4643	FFK:emw&wlj
4644	4644	SECTION 207
4645	4645	SENATE BILL 989
4646	4646	2. The required surety bond based on the intent to participate provided under
4647	4647	s. 118.73 (1) is more than $25,000.
4648	4648	SECTION 208. 118.76 (4) of the statutes is created to read:
4649	4649	118.76 (4) UPDATED SURETY BOND. (a) In this subsection, “September choice
4650	4650	pupil count” means the number of pupils attending the participating private school
4651	4651	under the choice program as reported in the September pupil count report.
4652	4652	(b) By the first weekday in November, a participating private school that
4653	4653	provided a surety bond under sub. (1) (a) or (2) shall provide an updated surety bond
4654	4654	if the total payment the participating private school expects to receive under the
4655	4655	choice program on the basis of the September choice pupil count exceeds the total
4656	4656	expected payment on the basis of the intent to participate provided by the
4657	4657	participating private school under s. 118.73 (1) (a) by at least $50,000.
4658	4658	(c) Notwithstanding par. (b), if a new private school did not provide an updated
4659	4659	surety bond under sub. (1) (a) for the first year it participated in the choice program,
4660	4660	the new private school shall provide an updated surety bond for the bond provided
4661	4661	under s. 118.77 (2) if all of the following apply:
4662	4662	1. The total payment the new private school expects to receive under the choice
4663	4663	program on the basis of the September choice pupil count exceeds the total expected
4664	4664	payment on the basis of the information provided under s. 118.77 (1) by at least
4665	4665	$50,000.
4666	4666	2. The amount of the surety bond based on the September choice pupil count
4667	4667	is more than $25,000.
4668	4668	SECTION 209. 118.76 (5) of the statutes is created to read:
4669	4669	118.76 (5) FISCAL MANAGEMENT TRAINING. By the first weekday in April before
4670	4670	the school year in which a private school intends to first participate in the choice
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4696	4696	FFK:emw&wlj
4697	4697	SECTION 209 SENATE BILL 989
4698	4698	program, the administrator of the private school shall participate in a fiscal
4699	4699	management training program approved by the department. If the private school
4700	4700	hires a new administrator between the first weekday in April and the first weekday
4701	4701	in August, the new administrator shall participate in a fiscal management training
4702	4702	program approved by the department before assuming the responsibilities of
4703	4703	administrator of the private school.
4704	4704	SECTION 210. 118.76 (7) of the statutes is created to read:
4705	4705	118.76 (7) STUDENT INFORMATION SYSTEM VENDOR. Beginning in the 2025-26
4706	4706	school year, by the first weekday in July of the first school year in which the
4707	4707	participating private school intends to participate in the choice program, the
4708	4708	participating private school shall provide to the department the name of the certified
4709	4709	student information system vendor with which the participating private school has
4710	4710	contracted for the first school year the participating private school participates in the
4711	4711	choice program, as required under s. 115.383 (3) (b).
4712	4712	SECTION 211. 118.77 (title) of the statutes is created to read:
4713	4713	118.77 (title) New private schools; initial participation requirements.
4714	4714	SECTION 212. 118.77 (1) (b) of the statutes is created to read:
4715	4715	118.77 (1) (b) The name and location of the nationally or regionally accredited
4716	4716	institution of higher education from which the new private school's administrator
4717	4717	received at least a bachelor's degree and the date the degree was conferred; the
4718	4718	number assigned to a teaching license or an administrator license issued to the new
4719	4719	private school's administrator by the department; or notice that the administrator
4720	4720	is exempt from this requirement under s. 118.81 (2) (b).
4721	4721	SECTION 213. 118.77 (1) (d) of the statutes is created to read:
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4746	4746	LRB-5782/1
4747	4747	FFK:emw&wlj
4748	4748	SECTION 213
4749	4749	SENATE BILL 989
4750	4750	118.77 (1) (d) The number of choice program seats the new private school
4751	4751	intends to make available to pupils participating in the choice program in the first
4752	4752	school year the new private school intends to participate in the choice program.
4753	4753	SECTION 214. 118.77 (2) (b) to (e) of the statutes are created to read:
4754	4754	118.77 (2) (b) The information under s. 118.78 (1).
4755	4755	(c) A copy of the academic standards adopted by the governing body of the new
4756	4756	private school under s. 118.79 (3).
4757	4757	(d) A signed statement from each individual who is a member of the governing
4758	4758	body of the new private school verifying that the individual is a member of the
4759	4759	governing body.
4760	4760	(e) Notwithstanding s. 118.74 (1), a letter from a preaccrediting entity that
4761	4761	indicates that the new private school is preaccredited.
4762	4762	SECTION 215. 118.78 (title) of the statutes is created to read:
4763	4763	118.78 (title) Required disclosures.
4764	4764	SECTION 216. 118.78 (1) (intro.) of the statutes is created to read:
4765	4765	118.78 (1) DISCLOSURES TO APPLICANTS. (intro.) Each participating private
4766	4766	school and each school that has submitted a notice of intent to participate in the
4767	4767	choice program under s. 118.73 shall provide each pupil, or the parent of each minor
4768	4768	pupil, who applies to attend the private school all of the following:
4769	4769	SECTION 217. 118.79 (title) of the statutes is created to read:
4770	4770	118.79 (title) Instructional requirements and academic standards;
4771	4771	participating private schools.
4772	4772	SECTION 218. 118.79 (5) of the statutes is created to read:
4773	4773	118.79 (5) VIRTUAL INSTRUCTION. Beginning in the 2025-26 school year, if a
4774	4774	participating private school offers virtual instruction to pupils, the participating
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4776	4776	2
4777	4777	3
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4801	4801	SECTION 218 SENATE BILL 989
4802	4802	private school shall ensure that a teacher is responsible for all of the following for
4803	4803	each pupil receiving the virtual instruction:
4804	4804	(a) Improving learning by planned instruction.
4805	4805	(b) Diagnosing learning needs.
4806	4806	(c) Prescribing content delivery through class activities.
4807	4807	(d) Assessing learning.
4808	4808	(e) Reporting outcomes to administrators and parents.
4809	4809	(f) Evaluating the effects of instruction.
4810	4810	SECTION 219. 118.80 (title) of the statutes is created to read:
4811	4811	118.80 (title) Participating private schools; general requirements.
4812	4812	SECTION 220. 118.80 (4) (a) and (b) of the statutes are created to read:
4813	4813	118.80 (4) (a) The participating private school maintains a website for the
4814	4814	participating private school.
4815	4815	(b) The participating private school is included in the most recent
4816	4816	accountability report under s. 115.385.
4817	4817	SECTION 221. 118.80 (9) (title) of the statutes is created to read:
4818	4818	118.80 (9) (title) STUDENT RECORDS.
4819	4819	SECTION 222. 118.80 (9) (d) 2. of the statutes is created to read:
4820	4820	118.80 (9) (d) 2. The private school shall send written notice to each pupil, or
4821	4821	to the parent of a minor pupil, of the transfer of progress records under this
4822	4822	paragraph.
4823	4823	SECTION 223. 118.81 (title) of the statutes is created to read:
4824	4824	118.81 (title) School personnel requirements.
4825	4825	SECTION 224. 118.81 (1) (title) of the statutes is created to read:
4826	4826	118.81 (1) (title) TEACHER EDUCATIONAL REQUIREMENTS.
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4853	4853	FFK:emw&wlj
4854	4854	SECTION 225
4855	4855	SENATE BILL 989
4856	4856	SECTION 225. 118.81 (1) (c) of the statutes is created to read:
4857	4857	118.81 (1) (c) An individual employed by a participating private school who
4858	4858	holds a substitute teacher permit issued under s. 118.19 (7m) may teach at the
4859	4859	participating private school as allowed under the substitute teacher permit.
4860	4860	SECTION 226. 118.81 (2) (title) of the statutes is created to read:
4861	4861	118.81 (2) (title) ADMINISTRATOR EDUCATIONAL REQUIREMENTS.
4862	4862	SECTION 227. 118.82 (title) of the statutes is created to read:
4863	4863	118.82 (title) Tuition and fees.
4864	4864	SECTION 228. 118.82 (4) (title) of the statutes is created to read:
4865	4865	118.82 (4) (title) ADDITIONAL FEES.
4866	4866	SECTION 229. 118.83 (title) of the statutes is created to read:
4867	4867	118.83 (title) Financial requirements; participating private schools.
4868	4868	SECTION 230. 118.83 (2) (title) of the statutes is created to read:
4869	4869	118.83 (2) (title) FINANCIAL AUDIT.
4870	4870	SECTION 231. 118.84 (title) of the statutes is created to read:
4871	4871	118.84 (title) Payments and state aid reductions.
4872	4872	SECTION 232. 118.84 (1) of the statutes is created to read:
4873	4873	118.84 (1) PER PUPIL AMOUNT. (a) In the 2024-25 school year, upon receipt from
4874	4874	the pupil's parent of proof of the pupil's enrollment in the participating private school
4875	4875	during a school term, the state superintendent shall pay to the participating private
4876	4876	school in which the pupil is enrolled on behalf of the pupil's parent, from the
4877	4877	appropriation under s. 20.255 (2) (fr), an amount of $10,237, if the pupil is enrolled
4878	4878	in a grade from kindergarten to 8, or of $12,731, if the pupil is enrolled in a grade from
4879	4879	9 to 12.
4880	4880	SECTION 233. 118.84 (2) (title) of the statutes is created to read:
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4907	4907	SECTION 233 SENATE BILL 989
4908	4908	118.84 (2) (title) SUMMER SCHOOL PAYMENT.
4909	4909	SECTION 234. 118.84 (4) (title) of the statutes is created to read:
4910	4910	118.84 (4) (title) STATE AID REDUCTION.
4911	4911	SECTION 235. 118.84 (4) (a) 1. of the statutes is created to read:
4912	4912	118.84 (4) (a) 1. The pupil is a Racine pupil or a Wisconsin pupil.
4913	4913	SECTION 236. 118.84 (7) of the statutes is created to read:
4914	4914	118.84 (7) ENROLLMENT ATTESTATION REPORTS. Beginning in the 2025-26 school
4915	4915	year, a participating private school shall engage an independent auditor to complete
4916	4916	an enrollment attestation report for the September count date and for the January
4917	4917	count date. An independent auditor completing an enrollment attestation report
4918	4918	under this subsection shall comply with the attestation standards established by the
4919	4919	American Institute of Certified Public Accountants. Each enrollment attestation
4920	4920	report shall identify at least all of the following:
4921	4921	(a) Pupils who were not eligible for a payment under this section but for whom
4922	4922	the participating private school received a payment under this section.
4923	4923	(b) Pupils who have incorrect data in the department's database who are
4924	4924	attending the participating private school under the choice program.
4925	4925	(c) Pupils attending the participating private school under the choice program
4926	4926	for whom the participating private school did not receive a payment under this
4927	4927	section.
4928	4928	SECTION 237. 118.85 (title) and (3) (title) of the statutes are created to read:
4929	4929	118.85 (title) Penalties for private schools. (3) (title) ACCREDITATION.
4930	4930	SECTION 238. 118.87 (6) of the statutes is created to read:
4931	4931	118.87 (6) ALTERNATIVE COUNT DATE. If pupils enrolled in a participating private
4932	4932	school will not be in attendance at the participating private school on the 3rd Friday
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4960	4960	SECTION 238
4961	4961	SENATE BILL 989
4962	4962	in September or the 2nd Friday in January because of a regularly scheduled holiday
4963	4963	or for a reason approved by the governing body of the participating private school,
4964	4964	upon request from the participating private school, designate an alternative count
4965	4965	date.
4966	4966	SECTION 239. 119.23 of the statutes, as affected by 2023 Wisconsin Act .... (this
4967	4967	act), is repealed.
4968	4968	SECTION 240. 119.23 (2) (a) 3. of the statutes is amended to read:
4969	4969	119.23 (2) (a) 3. Except as provided in par. (ag) 1., the The private school
4970	4970	notified the state superintendent of its intent to participate in the program under
4971	4971	this section or in the program under s. 118.60, and paid the nonrefundable annual
4972	4972	fee set by the department, by January 10 of the previous school year. The notice shall
4973	4973	specify the number of pupils participating in the program under this section and in
4974	4974	the program under s. 118.60 for which the school has space. The department shall
4975	4975	by rule set the fee charged under this subdivision at an amount such that the total
4976	4976	fee revenue covers the costs of employing one full-time auditor to evaluate the
4977	4977	financial information submitted by private schools under subs. (7) (am) and (d) 3. and
4978	4978	(7m) (a) 2. and under s. 118.60 (7) (am) and (d) 3. and (7m) (a) 2.
4979	4979	SECTION 241. 119.23 (2) (ag) 1. (intro.) and a. of the statutes are consolidated,
4980	4980	renumbered 119.23 (2) (ag) 1. and amended to read:
4981	4981	119.23 (2) (ag) 1. By the first weekday in August 1 of the school year
4982	4982	immediately preceding the school year in which the new private school intends to
4983	4983	participate in the program under this section, complete and submit to the
4984	4984	department the following, on forms provided by the department: a. A , a notice of
4985	4985	intent to participate and agreement to comply with procedural requirements. If, at
4986	4986	the time the new private school submits the information required under this
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5013	5013	SECTION 241 SENATE BILL 989
5014	5014	subdivision, the new private school does not have a physical property within which
5015	5015	the private school intends to operate, submit a mailing address of an administrator
5016	5016	of the private school.
5017	5017	SECTION 242. 119.23 (2) (ag) 1. b. and c. of the statutes are repealed.
5018	5018	SECTION 243. 119.23 (2) (ag) 2. a. of the statutes is amended to read:
5019	5019	119.23 (2) (ag) 2. a. By August 1 the 3rd Monday in October of the school year
5020	5020	immediately preceding the school year in which the new private school intends to
5021	5021	participate in the program under this section, submit to the department the
5022	5022	information under sub. (6p) (a) and (b).
5023	5023	SECTION 244. 119.23 (2) (ag) 2. b. of the statutes is repealed.
5024	5024	SECTION 245. 119.23 (2) (ag) 2. c. of the statutes is created to read:
5025	5025	119.23 (2) (ag) 2. c. By the 3rd Monday in October of the school year
5026	5026	immediately preceding the school year in which the new private school intends to
5027	5027	participate in the program under this section, provide a surety bond payable to the
5028	5028	state in an amount equal to the greater of $25,000 or 25 percent of the total payment
5029	5029	the new private school expects to receive under the program under this section
5030	5030	during its first school year participating in the program on the basis of the
5031	5031	information submitted under subd. 1.
5032	5032	SECTION 246. 119.23 (2) (ag) 4. of the statutes is amended to read:
5033	5033	119.23 (2) (ag) 4. Notwithstanding the deadline to obtain preaccreditation
5034	5034	under par. (a) 7. bg., by December 15 the 3rd Monday in October of the school year
5035	5035	immediately preceding the school year in which the new private school intends to
5036	5036	participate in the program under this section, obtain preaccreditation from a
5037	5037	preaccrediting entity.
5038	5038	SECTION 247. 119.23 (2) (ar) of the statutes is amended to read:
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5066	5066	SECTION 247
5067	5067	SENATE BILL 989
5068	5068	119.23 (2) (ar) By the first weekday in December 31 of the school year
5069	5069	immediately preceding the school year in which a new private school intends to
5070	5070	participate in the program under this section, the department shall notify the new
5071	5071	private school in writing whether it has satisfied those requirements under par. (ag)
5072	5072	that must be satisfied before December 31. If the department determines that the
5073	5073	new private school has not satisfied those requirements, the new private school may
5074	5074	not participate in the program under this section in the following school year, but
5075	5075	may reinitiate the process under par. (ag) for the next following school year.
5076	5076	SECTION 248. 119.33 (2) (b) 3. c. of the statutes is amended to read:
5077	5077	119.33 (2) (b) 3. c. The governing body of a nonsectarian private school
5078	5078	participating in a the private school choice program under s. 118.60 or 119.23. The
5079	5079	superintendent of schools may proceed under this subd. 3. c. only if one of the
5080	5080	following applies: the performance on the most recent examinations administered
5081	5081	under s. 118.30 (1s) or (1t) of pupils attending a school operated by the governing
5082	5082	body exceeds the performance on the most recent examinations administered under
5083	5083	s. 118.30 (1) of pupils attending the school being transferred to the governing body
5084	5084	under this subdivision; or, in each of the 3 preceding consecutive accountability
5085	5085	reports published under s. 115.385 (1), the performance category assigned to a school
5086	5086	operated by the governing body exceeds the performance category assigned to the
5087	5087	school being transferred to the governing body under this subdivision. If fewer than
5088	5088	3 accountability reports have been published for a private school described in this
5089	5089	subd. 3. c., the superintendent of schools shall determine an alternative method for
5090	5090	comparing the school's performance.
5091	5091	SECTION 249. 119.46 (1) of the statutes is amended to read:
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5117	5117	SECTION 249 SENATE BILL 989
5118	5118	119.46 (1) As part of the budget transmitted annually to the common council
5119	5119	under s. 119.16 (8) (b), the board shall report the amount of money required for the
5120	5120	ensuing school year to operate all public schools in the city under this chapter,
5121	5121	including the schools transferred to the superintendent of schools opportunity
5122	5122	schools and partnership program under s. 119.33 and to the opportunity schools and
5123	5123	partnership program under subch. II, to repair and keep in order school buildings
5124	5124	and equipment, including school buildings and equipment transferred to the
5125	5125	superintendent of schools opportunity schools and partnership program under s.
5126	5126	119.33 and to the opportunity schools and partnership program under subch. II, to
5127	5127	make material improvements to school property, and to purchase necessary
5128	5128	additions to school sites. The report shall specify the amount of net proceeds from
5129	5129	the sale or lease of city-owned property used for school purposes deposited in the
5130	5130	immediately preceding school year into the school operations fund as specified under
5131	5131	s. 119.60 (2m) (c) or (5) and the net proceeds from the sale of an eligible school
5132	5132	building deposited in the immediately preceding school year into the school
5133	5133	operations fund as specified under s. 119.61 (5). The amount included in the report
5134	5134	for the purpose of supporting the pupils who reside in Milwaukee Parental Choice
5135	5135	Program under s. 119.23 participating in the private school choice program shall be
5136	5136	reduced by the amount of aid received by the board under s. 121.136 and by the
5137	5137	amount specified in the notice received by the board under s. 121.137 (2). The
5138	5138	common council shall levy and collect a tax upon all the property subject to taxation
5139	5139	in the city, which shall be equal to the amount of money required by the board for the
5140	5140	purposes set forth in this subsection, at the same time and in the same manner as
5141	5141	other taxes are levied and collected. Such taxes shall be in addition to all other taxes
5142	5142	which the city is authorized to levy. The taxes so levied and collected, any other funds
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5169	5169	FFK:emw&wlj
5170	5170	SECTION 249
5171	5171	SENATE BILL 989
5172	5172	provided by law and placed at the disposal of the city for the same purposes, and the
5173	5173	moneys deposited in the school operations fund under ss. 119.60 (1), (2m) (c), and (5)
5174	5174	and 119.61 (5) shall constitute the school operations fund.
5175	5175	SECTION 250. 119.9002 (2) (d) 3. (intro.) of the statutes is amended to read:
5176	5176	119.9002 (2) (d) 3. (intro.) The governing body of a nonsectarian private school
5177	5177	participating in a the private school choice program under s. 118.60 or 119.23. The
5178	5178	commissioner may proceed under this subdivision only if one of the following applies:
5179	5179	SECTION 251. 121.07 (2) (b) of the statutes is amended to read:
5180	5180	121.07 (2) (b) The number of pupils residing in the school district in the
5181	5181	previous school year who were incoming choice pupils, as defined in s. 118.60 (4d) (a)
5182	5182	118.84 (4) (a), and for whom a payment was made under s. 118.60 (4) (bg) 118.84 (1)
5183	5183	in the previous school year.
5184	5184	SECTION 252. 121.08 (4) (b) (intro.) and 2. of the statutes are consolidated,
5185	5185	renumbered 121.08 (4) (b) and amended to read:
5186	5186	121.08 (4) (b) The amount of state aid that the school district operating under
5187	5187	ch. 119 is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall be
5188	5188	reduced by the amount calculated as follows: 2. Multiply the amounts paid under s.
5189	5189	119.23 (4) and (4m) in the 2009-10 school year by 3.4 percent, and multiply by
5190	5190	multiplying the amounts paid under s. 119.23 (4) and (4m) in the 2010-11 school year
5191	5191	and 118.84 (1) and (2) for Milwaukee pupils, as defined in s. 118.70 (9), in each school
5192	5192	year thereafter by 6.6 percent.
5193	5193	SECTION 253. 121.08 (4) (b) 1. and 3. of the statutes are repealed.
5194	5194	SECTION 254. 121.085 of the statutes is amended to read:
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5219	5219	SECTION 254 SENATE BILL 989
5220	5220	121.085 State aid; other reductions. (1) The department shall make state
5221	5221	aid adjustments under s. 118.51 (16) and (17) before making a reduction under s.
5222	5222	115.7915 (4m) (f), 118.40 (2r) (g) or (2x) (f), or 118.60 (4d) (b) 118.84 (4) (b).
5223	5223	(2) For purposes of ss. 115.7915 (4m) (f) 2., 118.40 (2r) (g) 2. and (2x) (f) 2., and
5224	5224	118.60 (4d) (b) 2. 118.84 (4) (b) 2., a school district's aid under s. 121.08 is insufficient
5225	5225	to cover a reduction if, after making state aid adjustments under s. 118.51 (16) and
5226	5226	(17), the amount of the school district's aid under s. 121.08 is insufficient to cover all
5227	5227	of the reductions under ss. 115.7915 (4m) (f) 1., 118.40 (2r) (g) 1. and (2x) (f) 1., and
5228	5228	118.60 (4d) (b) 1. 118.84 (4) (b) 1.
5229	5229	(3) The state superintendent shall ensure that the aid reductions under ss.
5230	5230	115.7915 (4m) (f) 1., 118.40 (2r) (g) 1. and (2x) (f) 1., and 118.60 (4d) (b) 1. 118.84 (4)
5231	5231	(b) 1. lapse to the general fund.
5232	5232	SECTION 255. 121.137 (2) of the statutes is amended to read:
5233	5233	121.137 (2) Annually, the department shall calculate the amount of the state
5234	5234	aid reduction under s. 121.08 (4) (b) 2. in the current school year and shall notify the
5235	5235	board, in writing, of the result.
5236	5236	SECTION 256. 121.91 (2m) (c) 1. of the statutes is amended to read:
5237	5237	121.91 (2m) (c) 1. Divide the sum of the amount of state aid received in the
5238	5238	previous school year and property taxes levied for the previous school year, excluding
5239	5239	funds described under sub. (4) (c), by a number calculated by adding the number of
5240	5240	pupils enrolled in the 3 previous school years, subtracting from that total the number
5241	5241	of pupils attending private schools under s. 119.23, 2023 stats., in the 4th, 3rd and
5242	5242	2nd preceding school years, and dividing the remainder by 3.
5243	5243	SECTION 257. 121.91 (2m) (c) 4. of the statutes is amended to read:
5244	5244	1
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5267	5267	24 - 103 -2023 - 2024 Legislature
5268	5268	LRB-5782/1
5269	5269	FFK:emw&wlj
5270	5270	SECTION 257
5271	5271	SENATE BILL 989
5272	5272	121.91 (2m) (c) 4. Multiply the result under subd. 3. by a number calculated
5273	5273	by adding the number of pupils enrolled in the current and the 2 preceding school
5274	5274	years, subtracting from that total the number of pupils attending private schools
5275	5275	under s. 119.23, 2023 stats., in the 3 previous school years, and dividing the
5276	5276	remainder by 3.
5277	5277	SECTION 258. 121.91 (2m) (d) 1. of the statutes is amended to read:
5278	5278	121.91 (2m) (d) 1. Divide the sum of the amount of state aid received in the
5279	5279	previous school year and property taxes levied for the previous school year, excluding
5280	5280	funds described under sub. (4) (c), by a number calculated by adding the number of
5281	5281	pupils enrolled in the 3 previous school years, subtracting from that total the number
5282	5282	of pupils attending charter schools under s. 118.40 (2r) and private schools under s.
5283	5283	119.23, 2023 stats., in the 4th, 3rd and 2nd preceding school years and dividing the
5284	5284	remainder by 3.
5285	5285	SECTION 259. 121.91 (2m) (d) 4. of the statutes is amended to read:
5286	5286	121.91 (2m) (d) 4. Multiply the result under subd. 3. by a number calculated
5287	5287	by adding the number of pupils enrolled in the current and the 2 preceding school
5288	5288	years, subtracting from that total the number of pupils attending charter schools
5289	5289	under s. 118.40 (2r) and private schools under s. 119.23, 2023 stats., in the 3 previous
5290	5290	school years and dividing the remainder by 3.
5291	5291	SECTION 260. 121.91 (4) (n) 1. of the statutes is amended to read:
5292	5292	121.91 (4) (n) 1. The limit otherwise applicable to a school district under sub.
5293	5293	(2m) in any school year is increased by an amount equal to the amount determined
5294	5294	for that school district under ss. 115.7915 (4m) (f) and 118.60 (4d) (b) 1. 118.84 (4) (b)
5295	5295	1.
5296	5296	SECTION 261. 146.89 (1) (d) 2. of the statutes is amended to read:
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5323	5323	SECTION 261 SENATE BILL 989
5324	5324	146.89 (1) (d) 2. A private school, as defined in s. 115.001 (3r), that participates
5325	5325	in the private school choice program under s. 118.60 or the Milwaukee Parental
5326	5326	Choice Program under s. 119.23, as defined in s. 115.001 (3t), or that, pursuant to s.
5327	5327	115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and
5328	5328	general management of a school transferred to an opportunity schools and
5329	5329	partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119.
5330	5330	SECTION 262. 146.89 (1) (g) 3. of the statutes is amended to read:
5331	5331	146.89 (1) (g) 3. A private school, as defined in s. 115.001 (3r), that participates
5332	5332	in the private school choice program under s. 118.60 or the Milwaukee Parental
5333	5333	Choice Program under s. 119.23, as defined in s. 115.001 (3t).
5334	5334	SECTION 263. 938.49 (2) (b) of the statutes is amended to read:
5335	5335	938.49 (2) (b) Notify the juvenile's last school district or, if the juvenile was last
5336	5336	enrolled in a private school participating in the private school choice program under
5337	5337	s. 118.60 or in the program under s. 119.23, as defined in s. 115.001 (3t), or, pursuant
5338	5338	to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), in a school under the operation
5339	5339	and general management of the governing body of a private school, the private school
5340	5340	or the governing body of a private school, in writing of its obligation under s. 118.125
5341	5341	(4).
5342	5342	SECTION 264. 938.78 (2) (L) of the statutes is repealed.
5343	5343	SECTION 265.0Nonstatutory provisions.
5344	5344	(1) NEW SCHOOLS; FIRST PARTICIPATING IN 2025-26 SCHOOL YEAR. If a new private
5345	5345	school, as defined in s. 118.60 (1) (bn) or 119.23 (1) (ai), that applies to first participate
5346	5346	in the program under s. 118.60 or 119.23 in the 2025-26 school year selects to provide
5347	5347	a surety bond under s. 118.60 (7m) or 119.23 (7m), the new private school shall, by
5348	5348	May 1, 2025, provide an updated surety bond if all of the following apply:
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5373	5373	25 - 105 -2023 - 2024 Legislature
5374	5374	LRB-5782/1
5375	5375	FFK:emw&wlj
5376	5376	SECTION 265
5377	5377	SENATE BILL 989
5378	5378	(a) The total payments the new private school expects to receive on the basis
5379	5379	of the intent to participate provided under s. 118.60 (2) (a) 3. a. or 119.23 (2) (a) 3.
5380	5380	exceeds the total expected choice program payments on the basis of the form provided
5381	5381	under s. 118.60 (2) (ag) 2. c. or 119.23 (2) (ag) 2. c. by at least $50,000.
5382	5382	(b) The amount of the required surety bond based on the intent to participate
5383	5383	that the new private school provided to the department of public instruction under
5384	5384	s. 118.60 (2) (a) 3. a. or 119.23 (2) (a) 3. is more than $25,000.
5385	5385	(2) INTENT TO PARTICIPATE IN THE 2025-26 SCHOOL YEAR; VIRTUAL INSTRUCTION. A
5386	5386	private school that notifies the department of public instruction during the 2024-25
5387	5387	school year of its intent to participate in a program under s. 115.7915, 118.60, or
5388	5388	119.23 in the 2025-26 school year shall include all of the following in the notice of
5389	5389	intent to participate:
5390	5390	(a) Whether or not the private school intends to offer virtual instruction in the
5391	5391	2025-26 school year.
5392	5392	(b) If the private school intends to offer virtual instruction in the 2025-26
5393	5393	school year, the amount and type of virtual instruction the private school intends to
5394	5394	offer.
5395	5395	(3) PRIVATE SCHOOL CHOICE PROGRAMS DURING THE 2025-26 SCHOOL YEAR. During
5396	5396	the 2025-26 school year, the department of public instruction shall administer the
5397	5397	choice program, as defined in s. 118.70 (3), as the Milwaukee Parental Choice
5398	5398	Program, the Racine Parental Choice Program, and the Wisconsin Parental Choice
5399	5399	Program, as indicated by the notices of intent to participate in the 2025-26 school
5400	5400	year received by the department during the 2024-25 school year.
5401	5401	(4) PUPIL ASSESSMENTS EXEMPTION; 2025-26 SCHOOL YEAR. Notwithstanding s.
5402	5402	118.30 (1t), a private school participating in the choice program, as defined in s.
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5427	5427	25 - 106 -2023 - 2024 Legislature LRB-5782/1
5428	5428	FFK:emw&wlj
5429	5429	SECTION 265 SENATE BILL 989
5430	5430	118.70 (3), at which fewer than 20 Milwaukee pupils, as defined in s. 118.70 (9), in
5431	5431	grades 3 to 12 are attending under the choice program, is not required to administer
5432	5432	the examinations required under s. 118.30 (1t). Notwithstanding s. 118.30 (1t), a
5433	5433	private school participating in the choice program, as defined in s. 118.70 (3), at
5434	5434	which fewer than a total of 20 Racine pupils, as defined in s. 118.70 (16), and
5435	5435	Wisconsin pupils, as defined in s. 118.70 (20), in grades 3 to 12 are attending under
5436	5436	the choice program, is not required to administer the examinations required under
5437	5437	s. 118.30 (1t).
5438	5438	(5) CERTIFICATE OF OCCUPANCY REQUIREMENTS; 2025-26 SCHOOL YEAR.
5439	5439	Notwithstanding s. 118.75 (3), (4), and (5), in the 2025-26 school year, a private
5440	5440	school participating in the Milwaukee Parental Choice Program under s. 119.23,
5441	5441	2023 stats., shall comply with s. 119.23 (7) (d) 1. b., 2023 stats., and a private school
5442	5442	participating in a program under s. 118.60, 2023 stats., shall comply with s. 118.60
5443	5443	(7) (d) 1. b., 2023 stats.
5444	5444	(6) FIRST TIME PRIVATE SCHOOL PARTICIPANTS; 2025-26 SCHOOL YEAR.
5445	5445	Notwithstanding s. 118.76 (5) and (6), a private school that first participates in the
5446	5446	choice program, as defined in s. 118.70 (3), in the 2025-26 school year shall comply
5447	5447	with the requirements under s. 118.76 (5) and (6) (b) by no later than August 1, 2025.
5448	5448	(7) COMBINED PRIVATE SCHOOLS. For purposes of s. 118.73 (2), a private school
5449	5449	that submitted to the department of public instruction a notice of intent to
5450	5450	participate only in the Milwaukee Parental Choice Program in the 2025-26 school
5451	5451	year and participated only in the part of the choice program, as defined in s. 118.70
5452	5452	(3), administered by the department of public instruction as the Milwaukee Parental
5453	5453	Choice Program in the 2025-26 school year is not considered to have participated in
5454	5454	the choice program, as defined in s. 118.70 (3), in the 2025-26 school year.
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5479	5479	25 - 107 -2023 - 2024 Legislature
5480	5480	LRB-5782/1
5481	5481	FFK:emw&wlj
5482	5482	SECTION 265
5483	5483	SENATE BILL 989
5484	5484	(8) PRIVATE SCHOOL CHOICE PROGRAM; POSITIONS. The authorized FTE positions
5485	5485	for the department of public instruction are increased by 2.0 GPR positions, to be
5486	5486	funded from the appropriation under s. 20.255 (1) (a).
5487	5487	(9) EMERGENCY RULES; PRIVATE SCHOOL CHOICE PROGRAM. Using the procedure
5488	5488	under s. 227.24, the department of public instruction shall promulgate the rules
5489	5489	required under subch. II of ch. 118 for the period before the effective date of the
5490	5490	permanent rules promulgated under subch. II of ch. 118, but not to exceed the period
5491	5491	authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2).
5492	5492	Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of public
5493	5493	instruction is not required to provide evidence that promulgating a rule under this
5494	5494	subsection as an emergency rule is necessary for the preservation of the public peace,
5495	5495	health, safety, or welfare and is not required to provide a finding of emergency for a
5496	5496	rule promulgated under this subsection.
5497	5497	(10) EMERGENCY RULES; SPECIAL NEEDS SCHOLARSHIP PROGRAM. Using the
5498	5498	procedure under s. 227.24, the department of public instruction shall promulgate the
5499	5499	rules required under s. 115.7915 for the period before the effective date of the
5500	5500	permanent rules promulgated under s. 115.7915, but not to exceed the period
5501	5501	authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2).
5502	5502	Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of public
5503	5503	instruction is not required to provide evidence that promulgating a rule under this
5504	5504	subsection as an emergency rule is necessary for the preservation of the public peace,
5505	5505	health, safety, or welfare and is not required to provide a finding of emergency for a
5506	5506	rule promulgated under this subsection.
5507	5507	SECTION 266.0Initial applicability.
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5531	5531	24 - 108 -2023 - 2024 Legislature LRB-5782/1
5532	5532	FFK:emw&wlj
5533	5533	SECTION 266 SENATE BILL 989
5534	5534	(1) PUPIL APPLICATIONS. Section 118.72, as affected by this act, first applies to
5535	5535	pupil applications to attend a participating private school under the choice program,
5536	5536	as defined in s. 118.70 (3), in the 2026-27 school year.
5537	5537	(2) PRIVATE SCHOOL ELIGIBILITY. Section 118.73, as affected by this act, first
5538	5538	applies to a private school that intends to participate in the choice program, as
5539	5539	defined in s. 118.70 (3), in the 2026-27 school year.
5540	5540	(3) CERTIFICATE OF OCCUPANCY. Section 118.75 (3), as affected by this act, first
5541	5541	applies to a private school that first participates in the choice program, as defined
5542	5542	in s. 118.70 (3), in the 2026-27 school year. Section 118.75 (4), as affected by this act,
5543	5543	first applies to a participating private school that moves its location during the
5544	5544	2026-27 school year.
5545	5545	SECTION 267.0Effective dates. This act takes effect on July 1, 2025, except as
5546	5546	follows:
5547	5547	(1) The treatment of ss. 118.60 (2) (a) 3. a. (by SECTION 89), (ag) 1. (intro.) and
5548	5548	a. (by SECTION 101), b., and c., 2. a. (by SECTION 104), b., and c. (by SECTION 107), and
5549	5549	4. (by SECTION 109), and (ar) (by SECTION 112) and 119.23 (2) (a) 3. (by SECTION 240),
5550	5550	(ag) 1. (intro.) and a. (by SECTION 241) and b. and c. (by SECTION 242), 2. a. (by SECTION
5551	5551	243), b. (by SECTION 244), and c. (by SECTION 245), and 4. (by SECTION 246), and (ar)
5552	5552	(by SECTION 247) and SECTION 265 (1), (2), (8), (9), and (10) of this act take effect on
5553	5553	the day after publication.
5554	5554	(END)
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