LRB-1358/2
TKK:cjs:rs
2013 - 2014 LEGISLATURE
February 10, 2014 - Introduced by Senators Vukmir and Olsen, cosponsored by
Representatives Rodriguez and Hutton. Referred to Committee on
Education.
SB584,2,4 1An Act to repeal 118.30 (1s) (b) and 119.23 (7) (f); to renumber 118.60 (1) (a);
2to renumber and amend 118.30 (1s) (a), 118.60 (7) (ad), 119.23 (7) (ad) and
3895.035 (1) (a); to amend 7.30 (2) (am), 48.355 (2) (c), 118.07 (3), 118.30 (2) (b)
45., 118.33 (1) (f) 3., 118.33 (6) (c) 1., 118.33 (6) (c) 2., 118.60 (1) (c), 118.60 (2) (a)
5(intro.), 118.60 (2) (a) 3. a., 118.60 (7) (em) 1., 118.60 (9), 118.60 (10) (am) 2.,
6118.60 (10) (ar), 119.23 (1) (am), 119.23 (2) (a) (intro.), 119.23 (2) (a) 3., 119.23
7(2) (a) 7. a., 119.23 (2) (a) 7. c., 119.23 (2) (a) 7. d., 119.23 (7) (em) 1., 119.23 (9),
8119.23 (10) (am) 2., 119.23 (10) (ar), 447.06 (2) (a) 2. and 950.08 (2w); to repeal
9and recreate
118.60 (2) (a) 7. and 119.23 (2) (a) 7. b.; and to create 39.41 (1)
10(aj), 115.001 (3d), 118.60 (1) (ab), 118.60 (1) (af), 118.60 (1) (bn), 118.60 (1) (cm),
11118.60 (2) (a) 3g., 118.60 (2) (ag), 118.60 (2) (ar), 118.60 (7) (ad) 1. and 2., 118.60
12(7) (ag), 118.60 (7) (ao), 119.23 (1) (ab), 119.23 (1) (af), 119.23 (1) (ai), 119.23 (1)
13(ap), 119.23 (2) (a) 3g., 119.23 (2) (a) 7. bg. and br., 119.23 (2) (a) 7. e., 119.23 (2)
14(ag), 119.23 (2) (ar), 119.23 (7) (ad) 1. and 2., 119.23 (7) (ag), 119.23 (7) (ao),

1895.035 (1) (a) 2. and 938.02 (6m) of the statutes; relating to: requirements for
2new private schools seeking to participate in a parental choice program and
3requiring a private school participating in a parental choice program to
4maintain accreditation.
Analysis by the Legislative Reference Bureau
This bill makes several changes to the Milwaukee, Racine, and state-wide
parental choice programs (PCPs), under which an eligible pupil may attend a
participating private school with financial assistance from the state. Among these
changes are the following:
Additional requirements for "new private schools"
Under current law, a private school may participate in one or more PCPs if it
satisfies certain criteria and fulfills specified requirements by specified deadlines.
For example, the private school must notify the Department of Public Instruction
(DPI) by February 1 of its intent to participate in a PCP in the upcoming school year.
Under current law, school year is defined to mean the time commencing with July
1 and ending with the next succeeding June 30. Current law also requires a private
school to be accredited by one in a list of approved accrediting organizations. If, prior
to its first year of participation in a PCP, the private school is not accredited, the
private school must, with limited exceptions, obtain preaccreditation by August 1 of
its first school term of participation in a PCP. Current law defines school term to
mean the time commencing with the first school day and ending with the last school
day that the schools of a school district are in operation for attendance of pupils in
a school year, other than for the operation of summer classes. Private schools seeking
to participate in — or continue to participate in — a PCP must also provide a
minimum number of hours of direct pupil instruction to pupils attending the school
and meet all health and safety codes applicable to public schools. A private school
that has participated in a PCP in any school year must also submit to DPI by
September 1 of the following school year an independent financial audit of the
private school and evidence of sound fiscal practices.
This bill imposes additional requirements upon a "new private school"seeking
to participate in a PCP and defines a "new private school" as a private school that,
with certain exceptions, satisfies either of the following: 1) the private school has
been in continuous operation in the state for less than 12 consecutive months, or 2)
the private school provides education to fewer than 40 pupils divided into two or
fewer grades. A private school that is operated by a governing body that also operates
or manages a participating private school is not considered to be a new private school
if that governing body has not been barred from participating in a PCP or had any
payment withheld by DPI in the three immediately preceding school years. The bill
defines "governing body of a private school" and "governing body of a new private
school" as a board elected or appointed to govern the private school or, if no board is

appointed or elected to govern the school, any other person having direct charge of
the private school.
Under the bill, a new private school must comply with the following additional
requirements prior to being able to participate in a PCP:
1. By August 1 of the school year preceding the school year in which the private
school first intends to participate, the private school must: notify DPI of its intent to
participate and pay a nonrefundable fee; submit a complete budget for the first fiscal
period of participation in a PCP that shows, among other things, that the private
school will have a positive cash flow in each month of the fiscal period and no
operating deficit; and provide certain information about the governing body of and
policies that will govern the private school.
2. By December 15 of the school year immediately preceding the school year in
which the private school first intends to participate, the private school must obtain
preaccreditation from an approved preaccrediting entity.
3. By August 1 of the first school year in which the private school intends to
participate, the private school must demonstrate to the satisfaction of DPI that the
private school has contracted with a third-party payroll service.
The bill requires DPI to notify a new private school whether it has fulfilled
specified requirements by December 31 of the school year immediately preceding the
school year in which the private school first intends to participate. A new private
school that does not fulfill the requirements may not participate in a PCP in the
following school year, but may reinitiate the process for participating for the next
following school year.
The additional requirements for new private schools first apply to a new private
school seeking to participate in a PCP in the 2015-16 school year.
Preaccreditation and accreditation requirements
2013 Wisconsin Act 20 (Act 20, the biennial budget bill) requires a private
school participating in a PCP to continuously maintain accreditation with one of a
list of approved accrediting organizations for as long as the private school continues
to participate in the PCP. Act 20 also requires participating private schools to
annually, by January 15, submit evidence to DPI demonstrating that the private
school remains accredited for the current school year. Finally, Act 20 requires DPI
to bar from the PCP a private school that fails to provide evidence of accreditation,
at the end of the school year and until the private school satisfies the accreditation
requirement.
This bill creates formal definitions for "accrediting entity" and "preaccrediting
entity"; these defined terms replace duplicated lists of approved preaccrediting and
accrediting organizations to simplify the statutes. The bill clarifies that each private
school that begins participation in a PCP after the effective date of the bill and that
is not already accredited by an accrediting entity must obtain preaccreditation from
a preaccrediting entity by August 1 before the first school term of participation in the
PCP. The bill specifies that each private school that participates in a PCP and that
is not already accredited by an accrediting entity must apply for accreditation by
December 31 of the first school year in which the private school participates in the
PCP, and must obtain accreditation by December 31 of its fourth school year of

participation in the PCP. The bill also requires a private school that is accredited to
offer instruction in certain specified grades, such as kindergarten through 8th grade
or the high school grades, but intends to offer instruction in additional grades to
obtain and continuously maintain accreditation for those additional grades in the
same manner as it was required to obtain and maintain accreditation in the original
grades. Finally, the bill provides that, if a participating private school learns that
the organization with which it is accredited is a "disqualified organization," the
private school must obtain accreditation from an accrediting entity no later than
three years from the date the private school learned the accrediting organization is
a disqualified organization. The bill defines "disqualified organization" as an
accrediting organization that is not an accrediting entity or a member of or otherwise
sanctioned by an accrediting entity.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB584,1 1Section 1. 7.30 (2) (am) of the statutes is amended to read:
SB584,5,82 7.30 (2) (am) Except as otherwise provided in this paragraph, a pupil who is
316 or 17 years of age and who is enrolled in grades 9 to 12 in a public or private school
4or in a tribal school, as defined in s. 115.001 (15m), may serve as an inspector at the
5polling place serving the pupil's residence, with the approval of the pupil's parent or
6guardian. Any pupil who has at least a 3.0 grade point average or the equivalent may
7serve. In addition, a school board or, governing body of a private school, as defined
8in s. 115.001 (3d),
or tribal school may establish criteria for service by a pupil who
9does not have at least a 3.0 grade point average or the equivalent. A pupil may serve
10as an inspector at a polling place under this paragraph only if at least one election
11official at the polling place other than the chief inspector is a qualified elector of this
12state. No pupil may serve as chief inspector at a polling place under this paragraph.
13Before appointment by any municipality of a pupil as an inspector under this
14paragraph, the municipal clerk shall obtain written authorization from the pupil's

1parent or guardian for the pupil to serve for the election for which he or she is
2appointed. In addition, if a pupil does not have at least a 3.0 grade point average or
3the equivalent, the municipal clerk shall obtain written certification from the
4principal of the school where the pupil is enrolled that the pupil meets any criteria
5established by the school board or governing body for service as an inspector. Upon
6appointment of a pupil to serve as an inspector, the municipal clerk shall notify the
7principal of the school where the pupil is enrolled of the name of the pupil and the
8date of the election at which the pupil has been appointed to serve.
SB584,2 9Section 2. 39.41 (1) (aj) of the statutes is created to read:
SB584,5,1110 39.41 (1) (aj) "Governing body of a private school" has the meaning given in s.
11115.001 (3d).
SB584,3 12Section 3. 48.355 (2) (c) of the statutes is amended to read:
SB584,5,2013 48.355 (2) (c) If school attendance is a condition of an order under par. (b) 7.,
14the order shall specify what constitutes a violation of the condition and shall direct
15the school board of the school district, in which the child is enrolled or the governing
16body of the private school, as defined in s. 115.001 (3d), in which the child is enrolled,
17or shall request the governing body of the tribal school in which the child is enrolled,
18to notify the county department that is responsible for supervising the child or, in a
19county having a population of 500,000 or more, the department within 5 days after
20any violation of the condition by the child.
SB584,4 21Section 4. 115.001 (3d) of the statutes is created to read:
SB584,5,2522 115.001 (3d) Governing body of a private school. "Governing body of a private
23school" and "governing body of a new private school" means a board elected or
24appointed to govern the private school or, if no board is appointed or elected to govern
25the school, any other person having direct charge of the private school.
SB584,5
1Section 5. 118.07 (3) of the statutes is amended to read:
SB584,6,142 118.07 (3) The department shall make available to school districts, private
3schools, tribal schools, and charter schools information about meningococcal disease,
4including the causes and symptoms of the disease, how it is spread, and how to obtain
5additional information about the disease and the availability, effectiveness, and
6risks of vaccinations against the disease. The department may do so by posting the
7information on its Internet site. At the beginning of the 2006-07 to 2011-12 school
8years, each school board and the governing body of each private school and each
9charter school shall provide the parents and guardians of pupils enrolled in grades
106 to 12 in the school district or school with the information.
At the beginning of the
112012-13 school year and each school year thereafter, each school board and the
12governing body of each private school and each charter school shall provide the
13parents and guardians of pupils enrolled in grade 6 in the school district or school
14with the information.
SB584,6 15Section 6. 118.30 (1s) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
16is renumbered 118.30 (1s), and 118.30 (1s) (intro.), as renumbered, is amended to
17read:
SB584,6,2018 118.30 (1s) (intro.) Except as provided in par. (b), annually Annually, the
19governing body of each private school participating in the program under s. 119.23
20shall do all of the following:
SB584,7 21Section 7. 118.30 (1s) (b) of the statutes is repealed.
SB584,8 22Section 8. 118.30 (2) (b) 5. of the statutes, as affected by 2013 Wisconsin Act
2320
, is amended to read:
SB584,7,3
1118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing
2body of a private school participating in the program under s. 119.23 shall excuse the
3pupil from taking an examination administered under sub. (1s) (a) 1. to 3m (cm).
SB584,9 4Section 9. 118.33 (1) (f) 3. of the statutes is amended to read:
SB584,7,155 118.33 (1) (f) 3. Beginning on September 1, 2005, neither Neither a school
6board nor an operator of a charter school under s. 118.40 (2r) may grant a high school
7diploma to any pupil unless the pupil has satisfied the criteria specified in the school
8board's or charter school's policy under subd. 1. or 2. Beginning on September 1,
92010, the
The governing body of a private school participating in the program under
10s. 119.23 may not grant a high school diploma to any pupil attending the private
11school under s. 119.23 unless the pupil has satisfied the criteria specified in the
12governing body's policy under subd. 2m. The governing body of a private school
13participating in the program under s. 118.60 may not grant a high school diploma to
14any pupil attending the private school under s. 118.60 unless the pupil has satisfied
15the criteria specified in the governing body's policy under subd. 2r.
SB584,10 16Section 10. 118.33 (6) (c) 1. of the statutes is amended to read:
SB584,7,2517 118.33 (6) (c) 1. The governing body of each private school participating in the
18program under s. 119.23 shall adopt a written policy specifying criteria for promoting
19a pupil who is attending the private school under s. 119.23 from the 4th grade to the
205th grade and from the 8th grade to the 9th grade. The criteria shall include the
21pupil's score on the examination administered under s. 118.30 (1s) (a) 1. or 2. (b),
22unless the pupil has been excused from taking the examination under s. 118.30 (2)
23(b); the pupil's academic performance; the recommendations of teachers, which shall
24be based solely on the pupil's academic performance; and any other academic criteria
25specified by the governing body of the private school.
SB584,11
1Section 11. 118.33 (6) (c) 2. of the statutes is amended to read:
SB584,8,72 118.33 (6) (c) 2. Beginning on September 1, 2010, the The governing body of a
3private school participating in the program under s. 119.23 may not promote a 4th
4grade pupil who is attending the private school under s. 119.23 to the 5th grade, and
5may not promote an 8th grade pupil who is attending the private school under s.
6119.23 to the 9th grade, unless the pupil satisfies the criteria for promotion specified
7in the governing body's policy under subd. 1.
SB584,12 8Section 12. 118.60 (1) (a) of the statutes is renumbered 118.60 (1) (ad).
SB584,13 9Section 13. 118.60 (1) (ab) of the statutes is created to read:
SB584,8,1610 118.60 (1) (ab) "Accrediting entity" means Wisconsin North Central
11Association, Wisconsin Religious and Independent Schools Accreditation,
12Independent Schools Association of the Central States, Wisconsin Evangelical
13Lutheran Synod School Accreditation, National Lutheran School Accreditation,
14Wisconsin Association of Christian Schools, the diocese or archdiocese within which
15a private school is located, and any other organization recognized by the National
16Council for Private School Accreditation.
SB584,14 17Section 14. 118.60 (1) (af) of the statutes is created to read:
SB584,8,2018 118.60 (1) (af) "Disqualified organization" means an accrediting organization
19that is not an accrediting entity or a member of or otherwise sanctioned by an
20accrediting entity.
SB584,15 21Section 15. 118.60 (1) (bn) of the statutes is created to read:
SB584,8,2422 118.60 (1) (bn) 1. Except as provided in subd. 2., "new private school" means
23a school that qualifies as a private school under s. 115.001 (3r) and that satisfies
24either of the following:
SB584,9,2
1a. The school has been in continuous operation in this state for less than 12
2consecutive months.
SB584,9,43 b. The school provides education to fewer than 40 pupils divided into 2 or fewer
4grades.
SB584,9,75 2. "New private school" does not include a private school the governing body of
6which operates or manages a private school that is participating in the program
7under this section or under s. 119.23 if all of the following apply:
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