SB21-SSA1,1062,721 119.23 (4) (bg) 3. In the 2015-16 school year and in each school year thereafter,
22upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in
23the private school during a school term, except as provided in subd. 5., the state
24superintendent shall pay to the private school in which the pupil is enrolled on behalf
25of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fu), the

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1lesser of the following: b. Except as provided in subd. 5., an amount equal to the sum
2of the maximum amount per pupil the state superintendent paid a private school
3under this section in the previous school year for the grade in which the pupil is
4enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for
5the current school year, if positive; and the change in the amount of statewide
6categorical aid per pupil between the previous school year and the current school
7year, as determined under s. 118.40 (2r) (e) 2p., if positive.

SB21-SSA1,1062,1410 119.23 (4) (bg) 5. (intro.) If the pupil described in subd. 3. is enrolled in a private
11school that enrolls pupils under the program in any grade between kindergarten to
128 and also in any grade between 9 to 12, the state superintendent shall substitute
13for the amount described in subd. 3. b. the amount determined under subd. 4. a. to
14d., with the following modifications:

SB21-SSA1,1062,2017 119.23 (4s) Notwithstanding subs. (4), (4m), and (4r), a pupil attending a
18private school participating in the program under this section who is receiving a
19scholarship under s. 115.7915 shall not be counted as a pupil attending the private
20school under this section under sub. (4), (4m), or (4r).

SB21-SSA1,1063,223 119.23 (6m) (b) 3. For each of the previous 5 school years in which the private
24school has participated in the program under this section, all of the following

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1information: d. To to the extent permitted under 20 USC 1232g and 43 CFR part 99,
2pupil scores on all standardized tests administered under sub. (7) (e) s. 118.30 (1s).

SB21-SSA1,1063,106 119.23 (7) (am) 2m. Each private school participating in the program under this
7section is subject to uniform financial accounting standards established by the
8department. Annually by September 1 October 15 following a school year in which
9a private school participated in the program under this section, the private school
10shall submit to the department all of the following:

SB21-SSA1,1064,1711 a. An independent financial audit of the private school conducted by an
12independent certified public accountant, accompanied by the auditor's statement
13that the report is free of material misstatements and fairly presents pupil costs
14under sub. (4) (bg). The audit under this subdivision shall be limited in scope to those
15records that are necessary for the department to make payments under subs. (4) and
16(4m) the private school's eligible education expenses, and beginning in the 2nd school
17year a private school participates in the program under this section, a copy of the
18management letter prepared by the auditor. The audit shall be prepared in
19accordance with generally accepted accounting principles with allowable
20modifications for long-term fixed assets acquired before 2014. The audit shall
21include a calculation of the private school net eligible education expenses and a
22calculation of the balance of the private school's fund for future eligible education
23expenses. The audit under this subdivision shall be limited in scope to those records
24that are necessary for the department to make payments under subs. (4) and (4m).
25The auditor shall conduct his or her audit, including determining sample sizes and

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1evaluating financial viability, in accordance with the auditing standards established
2by the American Institute of Certified Public Accountants. The department may not
3require an auditor to comply with standards that exceed the scope of the standards
4established by the American Institute of Certified Public Accountants. If a private
5school participating in a program under this section is part of an organization and
6the private school and the organization share assets, liabilities, or eligible education
7expenses, the private school may submit an audit of the private school or of the
8organization of which it is a part. If a private school that is part of an organization
9with which it shares assets, liabilities, or eligible education expenses submits an
10audit of only the private school, the independent auditor shall use his or her
11professional judgment to allocate any shared assets, liabilities, and eligible
12education expenses between the organization and the private school. If a private
13school participating in the program under this section also accepts pupils under s.
14118.60, the private school may submit one comprehensive financial audit to satisfy
15the requirements of this subdivision and s. 118.60 (7) (am) 1 2m. The private school
16shall include in the comprehensive financial audit the information specified under
17s. 118.60 (7) (am) 1 2m.

SB21-SSA1,1065,318 b. Evidence of sound fiscal and internal control practices, as prescribed by the
19department by rule. An independent auditor engaged to evaluate the private school's
20fiscal and internal control practices shall conduct his or her evaluation, including
21determining sample sizes, in accordance with attestation standards established by
22the American Institute of Certified Public Accountants. The independent auditor
23engaged to evaluate the private school's fiscal and internal control practice shall also
24review any concerns raised in the private school's management letter submitted
25under subd. 2m. a. The fact that a private school reports a negative reserve balance

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1alone is not evidence that the private school does not have the financial ability to
2continue operating or that the private school does not follow sound fiscal and internal
3control practices.

SB21-SSA1,1065,135 119.23 (7) (am) 1m. In this paragraph, "eligible education expenses" means all
6direct and indirect costs associated with a private school's educational programming
7for pupils enrolled in grades kindergarten to 12 that are reasonable for the private
8school to achieve its educational purposes, as determined by the governing body of
9the private school and reviewed by an independent auditor. "Eligible education
10expenses" include expenses related to management, insurance, transportation,
11extracurricular programming and activities, facility and equipment costs,
12development expenses, and programming that provides child care services before
13school, after school, or both before and after school.

SB21-SSA1,1065,2115 119.23 (7) (am) 2m. c. If an independent auditor engaged to evaluate the
16private school's fiscal and internal control practice determines that the governing
17body of the private school has not taken reasonable actions to remedy any concerns
18raised in the management letter submitted under subd. 2m. a. in the previous school
19year, a report prepared by the independent auditor that includes the auditor's
20findings related to the governing body's actions to remedy any concerns raised in the
21management letter for the previous school year.

SB21-SSA1,1066,323 119.23 (7) (an) If a private school participating in the program under this
24section has a cash or investment reserve that is greater than 50 percent of the total
25amount the private school received under that section in the previous school year, the

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1governing body of the private school shall approve a plan for how it will use the
2amount of the cash or investment reserve that exceeds 50 percent of the total amount
3the private school received under this section in the previous school year.

SB21-SSA1,1066,125 119.23 (7) (b) 3. Ensure that any teacher's aide employed by the private school
6has graduated from high school, been granted a declaration of equivalency of high
7school graduation, been granted a high school diploma by the administrator of a
8home-based private educational program, or been issued a general educational
9development certificate of high school equivalency, or has obtained a degree or
10educational credential higher than a high school diploma, declaration of equivalency
11of high school graduation, or general educational development certificate of high
12school equivalency.

SB21-SSA1,1066,1914 119.23 (7) (dr) A private school participating in the program under this section
15may elect to maintain an electronic copy of any application submitted on behalf of
16and any correspondence to or about a pupil attending the private school under this
17section instead of a paper copy of the application or correspondence. The private
18school shall maintain electronic copies of pupil applications and correspondence for
19a period of at least 5 years.

SB21-SSA1,1066,2521 119.23 (7) (e) Each private school participating in the program under this
22section shall administer the examinations required under s. 118.30 (1s) or
23examinations permitted under s. 118.301 (3) to pupils attending the school under the
24program. The private school may administer additional standardized tests to such
25pupils.

SB21-SSA1,1067,113 119.23 (11) (bm) No later than 90 days after receiving a financial audit under
4sub (7) (am), certify the financial audit. During the 90-day period between receipt
5and certification, the department's contact with the auditor shall be limited to a
6single written communication. The department's single written communication to
7the auditor may include only matters that individually impact the private school's
8financial statement by an amount that is greater than 1 percent of the total amount
9the private school received under this section for the previous school year. An auditor
10who receives a written communication under this paragraph shall respond to the
11department within 15 days of receiving the written communication.

SB21-SSA1,1067,17 13119.33 Superintendent of schools opportunity schools and
14partnership program. (1) Legal entity. There is created within the school
15district operating under this chapter a superintendent of schools opportunity schools
16and partnership program under the management and control of the superintendent
17of schools.

SB21-SSA1,1068,2 18(2) Duties. The superintendent of schools may establish an opportunity
19schools and partnership program under this section. If the superintendent of schools
20proceeds under this section, the superintendent of schools, the entities selected to
21operate and manage schools transferred to the program under this section, and each
22school transferred to the program under this section shall be subject to ss. 118.016,
23118.13, 118.30 (1m), and 118.38, other than s. 118.38 (1) (a) 9., and to subch. V of ch.
24115 and federal law applicable to children with disabilities. If the superintendent

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1of schools proceeds under this section, the superintendent of schools shall do all of
2the following:

SB21-SSA1,1068,183 (a) Policies for identifying eligible schools to be transferred to the opportunity
4schools and partnership program; partnership initiatives. 1. Establish policies for
5providing a qualitative analysis of each eligible school, identified in the annual
6report submitted by the state superintendent under s. 115.28 (10m) (a), to determine
7whether the school is suitable for transfer to the program under this section. The
8superintendent of schools may use the policies established by the commissioner
9under s. 119.9002 (1) (a) to select eligible schools to be transferred to the program
10under this section and may use the request-for-proposal process developed by the
11commissioner under s. 119.9002 (2) (b) for soliciting proposals from individuals,
12groups, persons, and governing bodies of private schools to operate and manage the
13eligible school upon transfer of the school to the program under this section. If the
14superintendent of schools does not use the policies established by the commissioner,
15the superintendent of schools shall include as a criterion in his or her policies the
16level of interest within the school and the school's community in transferring the
17school to the program, as determined from community engagement, and shall
18establish a method for evaluating community engagement.

SB21-SSA1,1068,2019 2. Develop and manage partnership programs to more efficiently and
20effectively deploy wraparound services to residents of the county.

SB21-SSA1,1069,221 (b) Selection of schools for transfer to the opportunity schools and partnership
22program and limit on the number of schools transferred in any one school year. 1. a.
23During the 2015-16 school year, but after the commissioner has completed his or her
24selection under s. 119.9002 (2) (a), select from the report submitted by the state
25superintendent under s. 115.28 (10m) (a) at least one and not more than 3 eligible

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1schools to be transferred to the program under this section for the following school
2year.

SB21-SSA1,1069,73 b. During the 2016-17 school year, but after the commissioner has completed
4his or her selection under s. 119.9002 (2) (a), select from the report submitted by the
5state superintendent under s. 115.28 (10m) (a) not more than 3 additional eligible
6schools to be transferred to the program under this section for the following school
7year.

SB21-SSA1,1069,128 c. During the 2017-18 school year and any subsequent school year, but after
9the commissioner has completed his or her selection under s. 119.9002 (2) (a), select
10from the report submitted by the state superintendent under s. 115.28 (10m) (a) not
11more than 5 additional eligible schools to be transferred to the program under this
12section for the following school year.

SB21-SSA1,1069,1913 2. After selecting one or more eligible schools to be transferred to the program
14as provided under subd. 1., initiate a request-for-proposal process for each selected
15school and make a determination regarding the entity that will operate the school.
16Upon receipt of proposals under subd. 1., the superintendent of schools may engage
17the families of pupils enrolled in the school and community members and
18organizations to cultivate support for the transfer of the school to the program under
19this section.

SB21-SSA1,1069,2220 3. For each eligible school selected under subd. 1., determine which of the
21following will be responsible for the operation and general management of the school
22upon its transfer to the program under this section:

SB21-SSA1,1069,2323 a. An individual or group not currently operating a school.

SB21-SSA1,1070,1124 b. A person who is operating at least one charter school under s. 118.40 (2r) or
25(2x). The superintendent of schools may proceed under this subd. 3. b. only if one of

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1the following applies: the performance on examinations administered under s.
2118.30 (1r) of pupils attending a school operated by the person exceeds the
3performance on examinations administered under s. 118.30 (1) of pupils attending
4the school being transferred to the person under this subdivision; or the performance
5category assigned to a school operated by the person on accountability reports
6published under s. 115.385 (1) for the school in each of the 3 preceding consecutive
7school years exceeds the performance category assigned to the school being
8transferred to the person under this subdivision in each of the 3 preceding
9consecutive school years. If fewer than 3 accountability reports have been published
10for a charter school described in this subd. 3. b., the superintendent of schools shall
11determine an alternative method for comparing the schools' performance.

SB21-SSA1,1070,2512 c. The governing body of a nonsectarian private school participating in a
13program under s. 118.60 or 119.23. The superintendent of schools may proceed under
14this subd. 3. c. only if one of the following applies: the performance on examinations
15administered under s. 118.30 (1s) or (1t) of pupils attending a school operated by the
16governing body exceeds the performance on examinations administered under s.
17118.30 (1) of pupils attending the school being transferred to the governing body
18under this subdivision; or the performance category assigned to a school operated by
19the governing body on accountability reports published under s. 115.385 (1) for the
20school in each of the 3 preceding consecutive school years exceeds the performance
21category assigned to the school being transferred to the governing body under this
22subdivision in each of the 3 preceding consecutive school years. If fewer than 3
23accountability reports have been published for a private school described in this
24subd. 3. c., the superintendent of schools shall determine an alternative method for
25comparing the schools' performance.

SB21-SSA1,1071,3

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14. Provide alternative public school attendance arrangements for pupils who
2do not wish to attend a school that has been transferred to the program under this
3section.

SB21-SSA1,1071,104 5. Annually submit to the board a report of the total number of pupils enrolled
5in all schools transferred to the program under this section in the current school year.
6For each school transferred to the program under this section, the superintendent
7of schools shall indicate the number of pupils enrolled in the school and whether the
8school is under the operation and general management of an individual or group
9under par. (c) 1., a person operating a charter school as described under par. (c) 2.,
10or the governing body of a private school as described under par. (c) 3.

SB21-SSA1,1071,1411 (c) Transfer of schools to and supervision of schools transferred to the
12opportunity schools and partnership program. Assume general supervision over the
13schools transferred to the program under this section and take one of the following
14actions regarding each school selected under par. (b) 1.:

SB21-SSA1,1071,1915 1. Transfer the operation and general management of the school to an
16individual or group under par. (b) 3. a. If the superintendent of schools proceeds
17under this subdivision, neither the superintendent of schools nor the individual or
18group selected to be responsible for the operation and general management of the
19school may charge tuition to pupils attending the school.

SB21-SSA1,1071,2420 2. Transfer the operation and general management of the school to a person
21under par. (b) 3. b. pursuant to a 5-school-year contract with the person. If the
22superintendent of schools proceeds under this subdivision, the superintendent of
23schools may contract only with a not-for-profit group. Under the terms of the
24contract:

SB21-SSA1,1072,2

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1a. The person, and schools operated by the person, shall be subject to the
2provisions of ss. 118.13 and 118.38, other than s. 118.38 (1) (a) 9.

SB21-SSA1,1072,53 b. The person shall submit achievement data of pupils attending the school
4directly to the superintendent of schools, who shall submit that achievement data to
5the board.

SB21-SSA1,1072,76 c. The person may not charge tuition to pupils attending a school under the
7contract.

SB21-SSA1,1072,168 d. The superintendent of schools shall evaluate the performance of the school
9at the end of the 3rd school year under the contract to determine whether the school
10is demonstrating adequate growth in pupil achievement. If the superintendent of
11schools determines that the school is not demonstrating adequate growth in pupil
12achievement, the superintendent of schools may either select an alternative person
13that qualifies under par. (b) 3. b. to be responsible for the operation and general
14management of the school or select a governing body of a private school that qualifies
15under par. (b) 3. c. to be responsible for the operation and general management of the
16school.

SB21-SSA1,1072,2117 3. Transfer the operation and general management of the school to the
18governing body of a private school pursuant to a 5-school-year contract with the
19governing body. If the superintendent of schools proceeds under this subdivision, the
20superintendent of schools may contract only with a not-for-profit governing body of
21a private school. Under the terms of the contract:

SB21-SSA1,1072,2422 a. The governing body of a private school, and schools in the opportunity schools
23and partnership program operated by the governing body, shall be subject to the
24provisions of ss. 118.13 and 118.38, other than s. 118.38 (1) (a) 9.

SB21-SSA1,1073,4

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1b. The governing body of a private school shall administer the examinations
2required under ss. 118.016 and 118.30 (1s) and shall submit achievement data of
3pupils attending the school directly to the superintendent of schools, who shall
4submit that achievement data to the board.

SB21-SSA1,1073,65 c. The governing body of a private school may not charge tuition to pupils
6attending a school under the contract.

SB21-SSA1,1073,157 d. The superintendent of schools shall evaluate the performance of the school
8at the end of the 3rd school year under the contract to determine whether the school
9is demonstrating adequate growth in pupil achievement. If the superintendent of
10schools determines that the school is not demonstrating adequate growth in pupil
11achievement, the superintendent of schools may either select an alternative
12governing body of a private school that qualifies under par. (b) 3. c. to be responsible
13for the operation and general management of the school or select a person that
14qualifies under par. (b) 3. b. to be responsible for the operation and general
15management of the school.

SB21-SSA1,1073,1716 4. Ensure that no school transferred to the program under this section charges
17tuition to pupils.

SB21-SSA1,1073,2218 (d) Achievement and assessment data. Upon receipt from an individual or
19group operating a school pursuant to par. (c) 1., from a person operating a school
20pursuant to par. (c) 2., or from the governing body of a private school operating a
21school pursuant to par. (c) 3. of pupil achievement and assessment data, forward that
22data to the board.

SB21-SSA1,1074,223 (e) Employees; benefits. 1. Select, hire, and employ staff. The superintendent
24of schools may terminate staff if appropriate. The superintendent of schools shall
25determine the compensation, duties, and qualifications of his or her staff.

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1Individuals employed by the superintendent of schools are not subject to subch. II
2of ch. 63.

SB21-SSA1,1074,143 2. a. Take responsibility over the selection, hiring, employment, and
4termination of the principals, vice principals, and teachers in those schools
5transferred to the program under this section. The superintendent of schools shall
6assign all teachers within those schools and shall engage and assign substitute
7teachers at the per diem compensation fixed by the superintendent of schools. If the
8superintendent of schools transfers a school to the program under this section, the
9superintendent of schools may reassign the school's staff members out of the school
10without regard to seniority in service, shall terminate all employees of the school who
11are employees of the school district operating under this chapter, and shall require
12any individual seeking to remain employed at the school to reapply for employment
13at the school. Employees of the program under this section are not employees of the
14board.

SB21-SSA1,1074,1815 b. The superintendent of schools may delegate school staffing decisions under
16subd. 1. to the individual or group operating the school under par. (c) 1., the person
17operating the school under par. (c) 2., or the governing body of a private school
18operating the school under par. (c) 3.

SB21-SSA1,1074,2019 c. Upon transfer of a school out of the program under this section, reassign staff
20members of the school only in consultation with the board.

SB21-SSA1,1074,2421 3. Determine which of the following instruments will be used to provide health
22care and retirement benefits to the employees of the program under this section, and
23schools transferred to the program, and take the necessary and appropriate steps to
24execute the selected instrument:

SB21-SSA1,1075,3

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1a. A memorandum of understanding with the board under which the
2superintendent of schools may purchase health care and retirement benefits for all
3employees of the program under this section and schools transferred to the program.

SB21-SSA1,1075,74 b. A memorandum of understanding with the secretary of employee trust funds
5under s. 40.03 (2) (x) 2. under which the superintendent of schools may purchase
6health care and retirement benefits, with statutory contributions, for all employees
7of the program under this section and schools transferred to the program.

SB21-SSA1,1075,118 c. A contract between the superintendent of schools and an individual or group
9under par. (c) 1. or a person under par. (c) 2. under which the individual or group or
10the person is required to self-insure or purchase health care and retirement benefits
11for employees of the school under the contract.

SB21-SSA1,1075,1512 d. A contract between the superintendent of schools and a governing body of
13a private school under par. (c) 3. under which the governing body is required to
14self-insure or purchase health care and retirement benefits for employees of the
15school under the contract.

SB21-SSA1,1075,2016 (f) Management of schools transferred to the opportunity schools and
17partnership program. Upon the transfer of a school to the program under this
18section, take possession and exercise care, control, and management of all land,
19buildings, facilities, and other property that is part of the school being transferred
20as an agent of the board.

SB21-SSA1,1075,2521 (g) Educational priorities and objectives. Identify broad yearly objectives and
22assess priorities for education in the program under this section. The
23superintendent of schools may issue an annual report and such additional reports
24as the superintendent of schools deems desirable on the progress of pupils enrolled
25in schools in the program.

SB21-SSA1,1076,5

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1(h) Custodians of school premises. Fix the duties and responsibilities of
2principals of schools transferred to the program under this section, as custodians of
3the school premises, and of the school engineers. Each principal shall have general
4supervision of and shall be custodian of all school premises over which the principal
5presides.

SB21-SSA1,1076,76 (i) Competitive bidding. Establish competitive bidding policies and procedures
7for purchases and contracts.

SB21-SSA1,1076,128 (j) School budget. Annually, prepare a budget for each school transferred to the
9program under this section. The superintendent of schools may delegate budgeting
10responsibilities under this paragraph to the individual or group operating the school
11under par. (c) 1., the person operating the school under par. (c) 2., or the governing
12body of a private school operating the school under par. (c) 3.

SB21-SSA1,1076,1413 (k) Budget. Annually transmit his or her proposed budget for the program
14under this section to the board on forms furnished by the auditing officer of the city.

SB21-SSA1,1076,2015 (L) Comprehensive programs. Collaborate with nonprofit organizations and
16government agencies to provide pupils enrolled in a school in the program with
17comprehensive social services and educational support, which may include a
18program under this section that offers comprehensive services that address the
19needs of children and youth from before the time they are born to postsecondary
20education.

SB21-SSA1,1076,2521 (m) Alternative routes to graduation. Provide alternative methods of attaining
22a high school diploma for those pupils enrolled in a school in the program under this
23section who are unlikely to graduate in the traditional manner, including a program
24allowing a pupil or former pupil to retake a course in which he or she was not initially
25successful.

SB21-SSA1,1077,2

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1(n) Transportation. 1. Provide for the transportation of pupils to and from any
2school transferred to the program under this section.

SB21-SSA1,1077,63 2. Upon written request from the parent or guardian of a pupil attending a
4school transferred to the program under this section who is displaced from his or her
5residence while enrolled in that school, provide transportation assistance to ensure
6that the pupil may continue to attend the school.

SB21-SSA1,1077,87 (o) Expulsion of pupils. Follow the policies established by the board for the
8expulsion of pupils from schools transferred to the program under this section.

SB21-SSA1,1077,149 (p) Random selection. If the superintendent of schools or any entity operating
10and managing a school transferred to the program under this section establishes an
11application process through which pupils may apply to attend a school transferred
12to the program under this section, establish and utilize, and ensure that the entity
13utilizes, a random selection process for the admission of pupils to the school when the
14number of applicants exceeds the number of seats in the school.

SB21-SSA1,1077,18 15(3) Superintendent of schools; powers. (a) For purposes of the program
16under this section, the superintendent of schools shall have all of the powers granted
17to the commissioner of the opportunity schools and partnership program under s.
18119.9003.

SB21-SSA1,1077,2319 (b) The superintendent of schools shall exercise the powers, duties, and
20functions prescribed to the superintendent of schools under this section
21independently of the board. Budgeting, program coordination, and related
22management functions for the schools transferred to the program under this section
23shall be performed by the superintendent of schools.

SB21-SSA1,1078,3

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1(c) The superintendent of schools may enter into a contract for cooperative
2action with a municipality under s. 66.0301 without approval of the board. In this
3paragraph, "municipality" has the meaning given in s. 66.0301 (1).

SB21-SSA1,1078,10 4(4) Exit from opportunity schools and partnership program. Subject to sub.
5(5) (a), the superintendent of schools may transfer a school out of the program under
6this section if the superintendent of schools determines that the school has been
7placed in a performance category of "meets expectations" or higher on the 3 preceding
8consecutive accountability reports published for the school under s. 115.385 (1).
9Under this subsection, any of the following may apply to a school transferred out of
10the program under this section:

SB21-SSA1,1078,1211 (a) Subject to sub. (5) (b), the superintendent of schools may return operation
12and general management of the school to the board.

SB21-SSA1,1078,1513 (b) The superintendent of schools may transfer operation and management of
14the school to a person to operate the school under s. 118.40 as a charter school that
15is not an instrumentality of the school district, as determined under s. 118.40 (7).

SB21-SSA1,1078,1716 (c) The superintendent of schools may transfer operation and general
17management of the school to the governing body of a private school.

SB21-SSA1,1078,20 18(5) Opportunity schools and partnership program; limitations. (a) A school
19transferred to the program under this section may not be transferred out of the
20program under sub. (4) for 5 consecutive school years.

SB21-SSA1,1078,2321 (b) The superintendent of schools may not return operation and general
22management of a school that has been transferred to the program under this section
23to the board if either of the following applies:

SB21-SSA1,1078,2424 1. The school remains an eligible school, as defined under s. 119.9000 (5).