AB919, s. 9 24Section 9. 118.13 (4) of the statutes is amended to read:
AB919,8,4
1118.13 (4) Any public school or private school official, employee, or teacher who
2intentionally engages in conduct which discriminates against a person or causes a
3person to be denied rights, benefits or privileges, in violation of sub. (1) or (1m), may
4be required to forfeit not more than $1,000.
AB919, s. 10 5Section 10. 118.19 (1) of the statutes is amended to read:
AB919,8,96 118.19 (1) Any person seeking to teach in a public school, including a charter
7school, in a private school participating in the program under s. 119.23, or in a school
8or institution operated by a county or the state shall first procure a license or permit
9from the department.
AB919, s. 11 10Section 11. 118.30 (1g) (a) 1. of the statutes is amended to read:
AB919,8,1511 118.30 (1g) (a) 1. By August 1, 1998, each school board shall adopt pupil
12academic standards in mathematics, science, reading and writing, geography, and
13history. If the governor has issued The school board may adopt the pupil academic
14standards issued by the governor as an executive order under s. 14.23, the school
15board may adopt those standards
no. 326, dated January 13, 1998.
AB919, s. 12 16Section 12. 118.30 (1g) (a) 3. of the statutes is created to read:
AB919,8,2117 118.30 (1g) (a) 3. The governing body of each private school participating in the
18program under s. 119.23 shall adopt pupil academic standards in mathematics,
19science, reading and writing, geography, and history. The governing body of the
20private school may adopt the pupil academic standards issued by the governor as
21executive order no. 326, dated January 13, 1998.
AB919, s. 13 22Section 13. 118.30 (1s) of the statutes is created to read:
AB919,8,2423 118.30 (1s) Annually, the governing body of each private school participating
24in the program under s. 119.23 shall do all of the following:
AB919,9,3
1(a) Administer the 4th grade examination adopted or approved by the state
2superintendent under sub. (1) to all pupils attending the 4th grade in the private
3school under s. 119.23.
AB919,9,64 (am) Administer the 8th grade examination adopted or approved by the state
5superintendent under sub. (1) to all pupils attending the 8th grade in the private
6school under s. 119.23.
AB919,9,97 (b) Administer the 10th grade examination adopted or approved by the state
8superintendent under sub. (1) to all pupils attending the 10th grade in the private
9school under s. 119.23.
AB919,9,1210 (c) Administer to pupils attending the private school under s. 119.23 all other
11examinations in reading, mathematics, and science that are required to be
12administered to public school pupils under 20 USC 6311 (b) (3).
AB919, s. 14 13Section 14. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:
AB919,9,1714 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under
15subch. V of ch. 115, the school board or, operator of the charter school under s. 118.40
16(2r), or governing body of the private school participating in the program under s.
17119.23
shall comply with s. 115.77 (1m) (bg).
AB919,9,2418 2. According to criteria established by the state superintendent by rule, the
19school board or, operator of the charter school under s. 118.40 (2r), or governing body
20of the private school participating in the program under s. 119.23
may determine not
21to administer an examination under this section to a limited-English speaking
22pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or
23her native language or may modify the format and administration of an examination
24for such pupils.
AB919, s. 15 25Section 15. 118.30 (2) (b) 5. of the statutes is created to read:
AB919,10,3
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) to (b).
AB919, s. 16 4Section 16. 118.33 (1) (f) 2m. of the statutes is created to read:
AB919,10,95 118.33 (1) (f) 2m. The governing body of each private school participating in the
6program under s. 119.23 shall develop a policy specifying criteria for granting a high
7school diploma to pupils attending the private school under s. 119.23. The criteria
8shall include the pupil's academic performance and the recommendations of
9teachers.
AB919, s. 17 10Section 17. 118.33 (1) (f) 3. of the statutes is amended to read:
AB919,10,1811 118.33 (1) (f) 3. Beginning on September 1, 2005, neither a school board nor an
12operator of a charter school under s. 118.40 (2r) may grant a high school diploma to
13any pupil unless the pupil has satisfied the criteria specified in the school board's or
14charter school's policy under subd. 1. or 2. Beginning on September 1, 2008, the
15governing body of a private school participating in the program under s. 119.23 may
16not grant a high school diploma to any pupil attending the private school under s.
17119.23 unless the pupil has satisfied the criteria specified in the governing body's
18policy under subd. 2m.
AB919, s. 18 19Section 18. 118.33 (6) (c) of the statutes is created to read:
AB919,11,320 118.33 (6) (c) 1. The governing body of each private school participating in the
21program under s. 119.23 shall adopt a written policy specifying criteria for promoting
22a pupil who is attending the private school under s. 119.23 from the 4th grade to the
235th grade and from the 8th grade to the 9th grade. The criteria shall include the
24pupil's score on the examination administered under s. 118.30 (1s) (a) or (am), unless
25the pupil has been excused from taking the examination under s. 118.30 (2) (b); the

1pupil's academic performance; the recommendations of teachers, which shall be
2based solely on the pupil's academic performance; and any other academic criteria
3specified by the governing body of the private school.
AB919,11,94 2. Beginning on September 1, 2008, the governing body of a private school
5participating in the program under s. 119.23 may not promote a 4th grade pupil who
6is attending the private school under s. 119.23 to the 5th grade, and may not promote
7an 8th grade pupil who is attending the private school under s. 119.23 to the 9th
8grade, unless the pupil satisfies the criteria for promotion specified in the governing
9body's policy under subd. 1.
AB919, s. 19 10Section 19. 119.23 (1) (am) of the statutes is created to read:
AB919,11,1111 119.23 (1) (am) "Progress records" has the meaning given in s. 118.125 (1) (c).
AB919, s. 20 12Section 20. 119.23 (2) (a) 8. of the statutes is created to read:
AB919,11,1713 119.23 (2) (a) 8. Notwithstanding s. 118.165 (1) (c), the private school annually
14provides at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least
151,137 hours of direct pupil instruction in grades 7 to 12. Hours provided under this
16subdivision include recess and time for pupils to transfer between classes but do not
17include the lunch periods.
AB919, s. 21 18Section 21. 119.23 (2) (b) of the statutes is renumbered 119.23 (2) (b) 1. and
19amended to read:
AB919,12,220 119.23 (2) (b) 1. No more than 22,500 pupils, as counted under s. 121.004 (7),
2115 percent of the membership of the school district operating under this chapter may
22attend private schools under this section. Whenever the state superintendent
23determines that the limit is reached, he or she shall issue an order prohibiting the
24participating private schools from accepting additional pupils until he or she

1determines that the number of pupils attending private schools under this section
2has fallen below the limit.
AB919, s. 22 3Section 22. 119.23 (2) (b) 2. of the statutes is created to read:
AB919,12,64 119.23 (2) (b) 2. a. Except as provided in subd. 2. b., no more than 49 percent
5of a private school's total enrollment may consist of pupils attending the private
6school under this section.
AB919,12,147 b. If the percentage of pupils enrolled in the private school under this section
8in any school year is greater than 49 percent of the school's total enrollment in that
9school year, upon the graduation, promotion, expulsion, transfer, or withdrawal of
10a pupil enrolled in the private school under this section the private school shall fill
11the open slot created by the departure of that pupil with a pupil who is not enrolled
12under this section, or not fill the open slot, until the percentage of pupils enrolled in
13the private school under this section is no greater than 49 percent of the school's total
14enrollment.
AB919, s. 23 15Section 23. 119.23 (6m) of the statutes is created to read:
AB919,12,1716 119.23 (6m) Each private school participating in the program under this
17section shall do all of the following:
AB919,12,1918 (a) Provide to each person who applies to attend the private school all of the
19following:
AB919,12,2120 1. A list of the names, addresses, and telephone numbers of the members of the
21private school's governing body and of the private school's shareholders, if any.
AB919,13,222 2. A notice stating whether the private school is an organization operated for
23profit or not for profit. If the private school is a nonprofit organization, the private
24school shall also provide the applicant with a copy of the certificate issued under

1section 501 (c) (3) of the Internal Revenue Code verifying that the private school is
2a nonprofit organization that is exempt from federal income tax.
AB919,13,33 3. A copy of the appeals process used if the private school rejects the applicant.
AB919,13,74 4. A statement that the private school agrees to permit public inspection and
5copying of any record, as defined in s. 19.32 (2), of the private school to the same
6extent as required of, and subject to the same terms and enforcement provisions that
7apply to, an authority under subch. II of ch. 19.
AB919,13,118 5. A statement that the private school agrees to provide public access to
9meetings of the governing body of the private school to the same extent as is required
10of, and subject to the same terms and enforcement provisions that apply to, a
11governmental body under subch. V of ch. 19.
AB919,13,1312 6. A copy of the private school's policies and procedures on nondiscrimination
13adopted under s. 118.13 (2) (am).
AB919,13,1414 7. A copy of the policy developed by the private school under s. 118.33 (1) (f) 2m.
AB919,13,1615 8. A copy of the non-harassment policy used by the private school, together
16with the procedures for reporting and obtaining relief from harassment.
AB919,13,1817 9. A copy of the suspension and expulsion policies and procedures, including
18procedures for appealing a suspension or expulsion, used by the private school.
AB919,13,2119 10. A copy of the policy used by the private school for accepting or denying the
20transfer of credits earned by a pupil enrolled in the program under this section for
21the satisfactory completion of coursework at another school.
AB919,13,2322 (b) Upon request by any person, provide the material specified in par. (a) and
23any of the following information:
AB919,13,2524 1. The number of pupils enrolled in the private school under this section in the
25previous school year categorized by grade.
AB919,14,2
12. The number of pupils enrolled in the private school other than under this
2section in the previous school year categorized by grade.
AB919,14,53 3. The number of pupils enrolled in the private school under this section in the
4previous school year who were expelled from the private school or who were expected
5to graduate from high school but failed to graduate as expected.
AB919,14,86 4. The number of pupils enrolled in the private school other than under this
7section in the previous school year who were expelled from the private school or who
8were expected to graduate from high school but failed to graduate as expected.
AB919,14,109 5. For each school year in which the private school has participated in the
10program under this section, all of the following information:
AB919,14,1411 a. The number of pupils who were enrolled in the private school under this
12section in the 12th grade and graduated from the private school, expressed as a whole
13number and as a percentage of pupils who were enrolled in the private school under
14this section in the 12th grade in that year.
AB919,14,1815 b. The number of pupils who were enrolled in the private school other than
16under this section in the 12th grade and graduated from the private school,
17expressed as a whole number and as a percentage of pupils who were enrolled in the
18private school other than under this section in the 12th grade in that year.
AB919,14,2219 c. The number of pupils who were enrolled in the private school under this
20section and advanced from grade 4 to grade 5, expressed as a whole number and as
21a percentage of pupils who were enrolled in the private school under this section in
22grade 4 in that year.
AB919,15,223 d. The number of pupils who were enrolled in the private school other than
24under this section and advanced from grade 4 to grade 5, expressed as a whole

1number and as a percentage of pupils who were enrolled in the private school other
2than under this section in grade 4 in that year.
AB919,15,63 e. The number of pupils who were enrolled in the private school under this
4section and advanced from grade 8 to grade 9, expressed as a whole number and as
5a percentage of pupils who were enrolled in the private school under this section in
6grade 8 in that year.
AB919,15,107 f. The number of pupils who were enrolled in the private school other than
8under this section and advanced from grade 8 to grade 9, expressed as a whole
9number and as a percentage of pupils who were enrolled in the private school other
10than under this section in grade 8 in that year.
AB919,15,1111 6. A copy of the academic standards adopted under s. 118.30 (1g) (a) 3.
AB919,15,1312 7. Pupil scores on standardized tests administered under sub. (7) (b) 1. and (e)
131. in the previous school year.
AB919, s. 24 14Section 24. 119.23 (7) (a) (intro.) of the statutes is amended to read:
AB919,15,1815 119.23 (7) (a) (intro.) Each private school participating in the program under
16this section shall meet at least one 3 of the following standards and annually submit
17to the department a report describing the school's status with respect to the 4th
18standard
:
AB919, s. 25 19Section 25. 119.23 (7) (am) 1. of the statutes is amended to read:
AB919,15,2520 119.23 (7) (am) 1. An independent financial audit of the private school
21conducted by a certified public accountant, accompanied by the auditor's statement
22that the report is free of material misstatements and fairly presents pupil costs
23under sub. (4) (b) 1. The Except as provided in par. (ar), the audit under this
24subdivision shall be limited in scope to those records that are necessary for the
25department to make payments under subs. (4) and (4m).
AB919, s. 26
1Section 26. 119.23 (7) (ar) of the statutes is created to read:
AB919,16,52 119.23 (7) (ar) The certified public accountant conducting the independent
3financial audit required under par. (am) 1. shall include in the audit a report on the
4private school's compliance with par. (b) 4. and 6. The certified public accountant
5may determine compliance by examining an appropriate sample of pupil records.
AB919, s. 27 6Section 27. 119.23 (7) (b) of the statutes is created to read:
AB919,16,87 119.23 (7) (b) Each private school participating in the program under this
8section shall do all of the following:
AB919,16,109 1. Administer to any pupils attending the 3rd grade in the private school under
10this section a standardized reading test developed by the department.
AB919,16,1311 2. Employ a reading specialist licensed by the department to develop and
12coordinate a comprehensive reading curriculum and annually evaluate the
13curriculum.
AB919,16,1714 3. Ensure that all instructional staff in the private school hold a license or
15permit to teach issued by the department. For purposes of this subdivision,
16"instructional staff" has the meaning given in the rules promulgated by the
17department under s. 121.02 (1) (a) 2.
AB919,16,2018 4. Maintain progress records for each pupil attending the private school under
19this section while the pupil attends the school and, except as provided under subd.
207., for at least 5 years after the pupil ceases to attend the school.
AB919,16,2321 5. Upon request, provide a pupil or the parent or guardian of a minor pupil who
22is attending the private school under this section with a copy of the pupil's progress
23records.
AB919,17,3
16. Issue a high school diploma or certificate to each pupil who attends the
2private school under this section and satisfactorily completes the course of
3instruction and any other requirements necessary for high school graduation.
AB919,17,64 7. If the private school ceases operating as a private school, immediately
5transfer all of the progress records of the pupils who attended the school under this
6section to the board.
AB919, s. 28 7Section 28. 119.23 (7) (c) of the statutes is renumbered 119.23 (7) (c) 1. and
8amended to read:
AB919,17,179 119.23 (7) (c) 1. A private school may not require a pupil attending the private
10school under this section to participate in any religious activity if the pupil's parent
11or guardian submits to the pupil's teacher or the private school's principal a written
12request that the pupil be exempt from such activities the activity. The private school
13shall ensure that a pupil who is exempt from participating in a religious activity
14under this subdivision is not present in the room in which the religious activity
15occurs. A private school shall provide each person who applies to attend the private
16school under this section with a copy of a statement embodying the prohibition under
17this subdivision
.
AB919, s. 29 18Section 29. 119.23 (7) (c) 2. of the statutes is created to read:
AB919,18,219 119.23 (7) (c) 2. Each private school participating in the program under this
20section shall adopt a policy implementing subd. 1. and provide a copy of the policy
21to each person who expresses an interest in attending the private school under this
22section and annually to the department with the notice under sub. (2) (a) 3. The
23private school shall include in the policy a list of the school activities that it has
24determined are religious activities for the purpose of subd. 1. The list shall include

1religious worship, religious instruction, and any school activity that the private
2school has determined is sectarian, proselytizing, or religiously doctrinal in nature.
AB919, s. 30 3Section 30. 119.23 (7) (c) 3. of the statutes is created to read:
AB919,18,84 119.23 (7) (c) 3. Each private school participating in the program under this
5section shall provide a pupil who is exempt from one or more religious activities
6under subd. 1. with a sufficient number of hours of instruction to meet the
7requirement under sub. (2) (a) 8. and to enable the pupil to advance from grade to
8grade in the private school.
AB919, s. 31 9Section 31. 119.23 (7) (c) 4. of the statutes is created to read:
AB919,18,1210 119.23 (7) (c) 4. The department shall promulgate rules to implement and
11administer this subsection, including rules specifying the supervision required for
12pupils who are exempt from religious activities under subd. 1.
AB919, s. 32 13Section 32. 119.23 (7) (e) 1. of the statutes is amended to read:
AB919,18,2414 119.23 (7) (e) 1. Annually In the 2007-08 school year, each private school
15participating in the program under this section shall administer a nationally normed
16standardized test in reading, mathematics, and science to pupils attending the
17school under the program in the 4th, 8th, and 10th grades. Beginning in the 2008-09
18school year and annually thereafter, each private school participating in the program
19under this section shall administer the examinations required under s. 118.30 (1s)
20to pupils attending the school under the program.
The private school may administer
21additional standardized tests to such pupils. Beginning in 2006 and annually
22thereafter until 2011, the private school shall provide the scores of all standardized
23tests and examinations that it administers under this subdivision to the School
24Choice Demonstration Project
legislative audit bureau.
AB919, s. 33 25Section 33. 119.23 (7) (e) 2. of the statutes is amended to read:
AB919,19,8
1119.23 (7) (e) 2. The legislative audit bureau shall review and analyze the
2standardized test score data received from the School Choice Demonstration Project
3under subd. 1. Based on its review, in 2007 and annually thereafter until 2011, the
4bureau shall report to the legislature under s. 13.172 (2) the results of the
5standardized tests administered under subd. 1., the scores of a representative
6sample of pupils participating in the program on the tests under ss. 118.30 and
7121.02 (1) (r), and the scores of a comparable group of pupils enrolled in the school
8district operating under this chapter on the tests under ss. 118.30 and 121.02 (1) (r).
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