Wisconsin 2021-2022 Regular Session Status: To Executive 6 R cosponsors

AB 970 — Relating to: eliminating income limits for parental choice programs; eliminating pupil participation limits for the statewide parental choice program; private school tuition charged to a pupil participating in a parental choice program; and creating an education expense reimbursement program for the 2022-23 school year and the summer of 2023. (FE)

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

203 added · 385 removed

Plain-language change summary

The updated version of Bill AB 970 makes significant changes to the state's parental choice programs in education. It removes income limits that previously governed who could participate, meaning more families can access these programs regardless of their financial situation. Additionally, it eliminates limits on the number of students from each family who can enroll in these programs and creates a reimbursement program for education expenses for the upcoming school year. These changes aim to make private schooling more accessible for families and to broaden educational choice options in Wisconsin.

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- 2022 LEGISLATURE LRB-5987/1 KRP:skw ASSEMBLY BILL 970 February 8, 2022 - Introduced by Representatives ITTK, THIESFELDT, ITTRICH, M URPHY, P ENTERMAN , M OSES, ROZAR , BRANDTJEN , M ACCO, K NODL and M AGNAFICI, cosponsored by Senators R OTH, DARLING, N AS, W ANGGAARD , STROEBEL and JAGLER .
Date of enactment:
Referred to Committee on Education.
Assembly Bill 970 Date of publication*:
A N A CT to repeal 118.60 (2) (a) 1., 118.60 (2) (be), 118.60 (2) (bm), 118.60 (3) (ar), 118.60 (4v), 119.23 (2) (a) 1.
WISCONSIN ACT A N A CT to repeal 118.60 (2) (a) 1., 118.60 (2) (be), 118.60 (2) (bm), 118.60 (3) (ar), 118.60 (4v), 119.23 (2) (a) 1.
and 119.23 (4v);
and119.23 (4v);
g., 118.60 (3) (a) (intro.), 118.60 (3) (b), 118.60 (3) (c), 118.60 (3m) (a) 2., 118.60 (3m) (b) 2., 119.23 (3) (b), 119.23 (3m) (a) 2.
g., 118.60 (3) (a) (intro.), 118.60 (3)(b),118.60 (3) (c), 118.60 (3m) (a) 2., 118.60 (3m) (b) 2., 119.23 (3) (b), 119.23 (3m) (a) 2.
private school tuition charged to a pupil participating in a parental choice program;
private school tuition charged to a pupil participating in a parental choice pro- gram;
and creating an education expense reimbursement program for the 2022-23 school year and the summer of 2023.
and creating an education expense reimbursement program for the 2022−23 school year and the summer of 2023.
Analysis by the Legislative Reference Bureau This bill 1) eliminates the income limits in the statewide parental choice program (also known as the Wisconsin Parental Choice Program), Milwaukee Parental Choice Program, and the Racine Parental Choice Program (parental choice program);
The people of the state of Wisconsin, represented in sub.
2) eliminates the pupil participation limits in the WPCP;
s.
3) increases the family income threshold amount that determines whether a private school may charge additional tuition to a pupil attending the private school under a parental choice program;
118.60 (3) (ar) 4., 2019 stats., in any previous senate and assembly, do enact as follows:
and 4) creates a temporary education expense reimbursement program for public school pupils.
school year.
- 2022 Legislature - 2 - LRB-5987/1 KRP:skw ASSEMBLY BILL 970 Income limits for parental choice programs Under current law, a pupil is not eligible to participate in the MPCP or the RPCP if the pupil's family income is greater than 300 percent of the federal poverty level.
Similarly, under current law, a pupil is not eligible to participate in the WPCP if the pupil's family income is greater than 220 percent of the federal poverty level.
Beginning in the 2022-23 school year, the bill eliminates the family income requirements in each of the parental choice programs.
In other words, under the bill, a pupil may participate in a parental choice program regardless of the pupil's family income.
Pupil participation limits in the WPCP Current law limits the number of pupils who reside in a school district that may attend a private school under the WPCP.
For the 2021-22 school year, the limit is set at no more than 6 percent of a school district's membership in the previous school year.
The limit increases by one percent each year until the limit reaches 10 percent, and then, beginning in the 2026-27 school year, there is no participation limit in the WPCP.
The bill eliminates the pupil participation limits in the WPCP on the date the bill becomes law.
Current law provides specific WPCP application procedures that apply while the pupil participation limits are in place.
For example, while the limits are in place, pupil applications may be submitted to private schools participating in the WPCP only during the period beginning on the first weekday in February and ending on the third Thursday in April.
The bill eliminates the application procedures that apply while the pupil participation limits are in place.
Additional tuition charged to pupils participating in parental choice programs Under current law, a private school participating in a parental choice program may not charge a pupil participating in a parental choice program tuition, in addition to the payments the private school receives under the parental choice program, unless the pupil is enrolled in a grade from 9 to 12 and the pupil's family income exceeds 220 percent of the federal poverty level.
Beginning in the 2022-23 school year, the bill increases that threshold to 300 percent of the federal poverty level.
Education expense reimbursement program Under the bill, in the 2022-23 school year and in the summer semester or session in 2023, a pupil enrolled in a public school, including a charter school, may attend a course or purchase educational materials, and DPI must reimburse up to $1,000 of the cost of attendance or purchase price for up to two courses or purchases of educational materials.
A pupil that wants to attend a course for reimbursement under the bill must apply to the educational institution or provider that offers the course.
Public schools, other than charter schools, institutions within the University of Wisconsin System, technical colleges, tribally controlled colleges, and private, nonprofit institutions of higher education located in this state are required to participate in the education expense reimbursement program created in the bill.
Charter schools, private schools, tribal schools, and other educational providers DPI approves may choose LRB-5987/1 - 2022 Legislature - 3 - KRP:skw ASSEMBLY BILL 970 whether to participate.
If an educational institution or provider participates in the program (approved educational provider), the approved educational provider must accept a pupil's application to attend a course if space is available in the course unless certain conditions apply, and, if the approved educational provider receives more applications than available spaces, the approved educational provider must accept pupils on a random basis.
The parent of a pupil who wants to purchase educational materials for reimbursement under the bill must, prior to purchasing the materials, submit a notice to DPI describing the materials, listing what is included in the materials, and specifying the materials' cost.
DPI generally must approve such a request.
Under the bill, DPI must pay reimbursements in the 2023-24 school year.
The bill does not appropriate moneys in the current biennium to pay reimbursements under the program.
The bill provides that, if the amount available to DPI is insufficient to pay the full reimbursement amounts, DPI must prorate the payments among those eligible for reimbursement.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
118.60 (2) (a) (intro.) of the statutes is amended to read:
118.60 (2) (a) (intro.) of the statutes is SECTION 4.
118.60 (2) (a) (intro.) Subject to pars.
118.60 (2) (be) of the statutes is repealed.
(ag) and (ar), any pupil in grades kindergarten to 12 who resides within an eligible school district may attend any private school under this section and, subject to pars.
amended to read:
(ag), (ar), (be), (bm),(bs), any pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, may attend any private school under this section if all of the following apply:
SECTION 5.
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118.60 (2) (bm) of the statutes is 118.60 (2) (a) (intro.) Subject to pars.
(ag) and (ar), repealed.
SECTION 6.
118.60 (3) (a) (intro.) of the statutes is any pupil in grades kindergarten to 12 who resides within amended to read:
an eligible school district may attend any private school under this section and, subject to pars.
(ag), (ar), (be), 118.60 (3) (a) (intro.) The pupil or the pupil’s parent (bm), and (bs), any pupil in grades kindergarten to 12 or guardian shall submit an application, on a form pro- who resides in a school district, other than an eligible vided by the state superintendent, to the participating pri- school district or a 1st class city school district, may vate school that the pupil wishes to attend.
If more than attend any private school under this section if all of the one pupil from the same family applies to attend the same private school, the pupils may use a single application.
following apply:
of the statutes is repealed.
of the statutes is No later than 60 days after the end of the application repealed.
SECTION 3.
period during which an application is received and sub- SECTION 3.
of the statutes is amended to read:
of the statutes is ject to par.
118.60 (2) (a) 2.
(ar), the private school shall notify each appli- amended to read:
g.
cant, in writing, whether his or her application has been 118.60(2) (a)2.g.
If the pupil resides in a school district, other than an eligible school district or a 1st class city school district, the pupil was on a waiting list under sub.
If the pupil resides in a school dis- accepted.
s.
If the private school rejects an application, the trict, other than an eligible school district or a 1st class notice shall include the reason.
118.60 (3) (ar) 4., 2019 stats., in any previous school year.
- 2022 Legislature - 4 - LRB-5987/1 KRP:skw ASSEMBLY BILL 970 SECTION 4 SECTION 4.
118.60 (2) (be) of the statutes is repealed.
SECTION 5.
118.60 (2) (bm) of the statutes is repealed.
SECTION 6.
118.60 (3) (a) (intro.) of the statutes is amended to read:
118.60 (3) (a) (intro.) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend.
If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application.
No later than 60 days after the end of the application period during which an application is received and subject to par.
(ar), the private school shall notify each applicant, in writing, whether his or her application has been accepted.
If the private school rejects an application, the notice shall include the reason.
(ar), aivate school may reject an applicant only if it has reached its maximum general capacity or seating capacity.
(ar), aA city school district, the pupil was on a waiting list under private school may reject an applicant only if it has * Section 991.11,ISCONSISTATUTES:
Effective date of acts.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act − 2 − 2021 Assembly Bill 970 reached its maximum general capacity or seating capac- level determined in accordance with criteria established ity.
(ar), the The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference to the following in accepting applications, in the order of preference listed:
(ar), thThe state superin- by the director of the federal office of management and tendent shall ensure that the private school determines budget.
which pupils to accept on a random basis, except that the SECTION 12.
118.60 (4v) of the statutes is repealed.
private school may give preference to the following in SECTION 13.
119.23 (2) (a) 1.
of the statutes is accepting applications, in the order of preference listed:
repealed.
SECTION 8.
SECTION 14.
119.23 (3) (b) of the statutes is amended SECTION 8.
118.60 (3) (b) If a participating private school rejects an applicant who resides within an eligible school district because the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available.
to read:
An applicant rejected under this paragraph may be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside within an eligible school district.
119.23 (3) (b) If the private school rejects an appli- 118.60(3) (b) If a participating private school rejects cant because it has too few available spaces, the applicant an applicant who resides within an eligible school district may transfer his or her application to a participating pri- because the private school has too few available spaces, vate school that has space available.
The department may not require, in that following school LRB-5987/1 - 2022 Legislature - 5 - KRP:skw SECTION 8 ASSEMBLY BILL 970 year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.
An applicant the applicant may transfer his or her application to a par- rejected under this paragraph may be admitted to a pri- ticipating private school that has space available.
An vate school participating in the program under this sec- applicant rejected under this paragraph may be admitted tion for the following school year, provided that the to a private school participating in the program under this applicant continues to reside within the city.
The depart- section for the following school year, provided that the ment may not require, in that following school year, the applicant continues to reside within an eligible school private school to submit financial information regarding district.
The department may not require, in that follow- the applicant or to verify the eligibility of the applicant to ing school year, the private school to submit financial participate in the program under this section on the basis information regarding the applicant or to verify the eligi- of family income.
bility of the applicant to participate in the program under SECTION 15.
119.23 (3m) (a) 2.
of the statutes is this section on the basis of family income.
amended to read:
118.60 (3) (c) of the statutes is amended to read:
118.60 (3) (c) of the statutes is amended 119.23 (3m) (a) 2.
118.60 (3) (c) If a participating private school rejects an applicant who resides in a school district, other than an eligible school district or a 1st class city school district, because the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available.
The pupil is enrolled in a grade to read:
An applicant who is rejected under this paragraph or an applicant who is on the waiting list under par.
from 9 to 12 and the family income of the pupil, as deter- 118.60(3) (c) If a participating private school rejects mined under sub.s.119.23 (2) (a) 1., 2019 stats., does not an applicant who resides in a school district, other than an exceed an amount equal to 2.2 3.0 times the poverty level eligible school district or a 1st class city school district, determined in accordance with criteria established by the because the private school has too few available spaces, director of the federal office of management and budget.
the applicant may transfer his or her application to a par- SECTION 16.
119.23 (3m) (b) 2.
of the statutes is ticipating private school that has space available.
An amended to read:
applicant who is rejected under this paragraph or an 119.23 (3m) (b) 2.
The family income of the pupil, applicant who is on the waiting list under par.
may, subject to sub.
may, as determined under sub.
(2) (be), be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside in a school district other than an eligible school district or a 1st class city school district.
The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.
SECTION 10.
118.60 (3m) (a) 2.
of the statutes is amended to read:
118.60 (3m) (a) 2.
The pupil is enrolled in a grade from 9 to 12 and the family income of the pupil, as determined under sub.118.60 (2) (a) 1., 2019 stats., does not exceed an amount equal to 2.2 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.
SECTION 11.
118.60 (3m) (b) 2.
of the statutes is amended to read:
118.60 (3m) (b) 2.
The family income of the pupil, as determined under sub.
118.60 (2) (a) 1., 2019 stats., exceeds an amount equal to 2.2 3.0 times the poverty - 2022 Legislature - 6 - LRB-5987/1 KRP:skw ASSEMBLY BILL 970 SECTION 11 level determined in accordance with criteria established by the director of the federal office of management and budget.
SECTION 12.
118.60 (4v) of the statutes is repealed.
SECTION 13.
119.23 (2) (a) 1.
of the statutes is repealed.
SECTION 14.
119.23 (3) (b) of the statutes is amended to read:
119.23 (3) (b) If the private school rejects an applicant because it has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available.
An applicant rejected under this paragraph may be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside within the city.
The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.
SECTION 15.
119.23 (3m) (a) 2.
of the statutes is amended to read:
119.23 (3m) (a) 2.
The pupil is enrolled in a grade from 9 to 12 and the family income of the pupil, as determined under sub.
119.23 (2) (a) 1., 2019 stats., does not exceed an amount equal to 2.2 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.
119.23 (2) (a) 1., 2019 stats., subject to sub.
SECTION 16.
(2) (be), be admitted to a private school exceeds an amount equal to 2.2 3.0 times the poverty participating in the program under this section for the fol- level determined in accordance with criteria established lowing school year, provided that the applicant continues by the director of the federal office of management and to reside in a school district other than an eligible school budget.
119.23 (3m) (b) 2.
district or a 1st class city school district.
of the statutes is amended to read:
The department SECTION 17.
119.23 (3m) (b) 2.
The family income of the pupil, as determined under sub.
s.
119.23 (2) (a) 1., 2019 stats., exceeds an amount equal to 2.2 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.
LRB-5987/1 - 2022 Legislature - 7 - KRP:skw S ECTION 17 ASSEMBLY BILL 970 SECTION 17.
SECTION 18.0Nonstatutory provisions.
may not require, in that following school year, the private SECTION 18.
(1) EDUCATION EXPENSE REIMBURSEMENT PROGRAM.
Nonstatutory provisions.
(a) Definitions.
school to submit financial information regarding the (1) E DUCATION EXPENSE REIMBURSEMENT PROGRAM.
applicant or to verify the eligibility of the applicant to (a) Definitions.
1.
participate in the program under this section on the basis 1.
“Approved educational provider” means any of the following:
“Approved educational provider” means any of of family income.
a.
the following:
SECTION 10.
118.60 (3m) (a) 2.
of the statutes is a.
115.001 (7), in charge of a public school in a school district, other than a charter school.
115.001 (7), in amended to read:
b.
charge of a public school in a school district, other than 118.60 (3m) (a) 2.
An institution within the University of Wisconsin System, a technical college, a tribally controlled college, or a private, nonprofit institution of higher education located in this state.
The pupil is enrolled in a grade a charter school.
from 9 to 12 and the family income of the pupil, as deter- b.
An institution within the University of Wisconsin mined under sub.s.118.60 (2) (a) 1., 2019 stats., does not System, a technical college, a tribally controlled college, exceed an amount equal to 2.2 3.0 times the poverty level or a private, nonprofit institution of higher education determined in accordance with criteria established by the located in this state.
director of the federal office of management and budget.
Any of the following educational institutions that submits a notice of intent to participate under par.
Any of the following educational institutions that SECTION 11.
118.60 (3m) (b) 2.
of the statutes is submits a notice of intent to participate under par.
amended to read:
the governing body of a private school, as defined in s.
the governing 118.60 (3m) (b) 2.
The family income of the pupil, body of a private school, as defined in s.
or the governing body of a tribal school, as defined in s.
or as determined under sub.
115.001 (15m).
s.
d.
118.60 (2) (a) 1., 2019 stats., the governing body of a tribal school, as defined in s.
Any other educational provider the department approves to offer courses to pupils for reimbursement under this subsection, including educational providers that provide instruction through means of the Internet.
exceeds an amount equal to 2.2 3.0 times the poverty 115.001 (15m).
2.
Assembly Bill 970 − 3 − 2021 Wisconsin Act d.
Any other educational provider the department reject an applicant only if there is no space available in approves to offer courses to pupils for reimbursement the course, the applicant pupil does not meet the under this subsection, including educational providers approved educational provider’s admission require- that provide instruction through means of the Internet.
ments, or the course conflicts with the applicant pupil’s 2.
115.001 (1).
individualized education program under s.
115.787 or 115.001 (1).
services plan, as defined in 34 CFR 300.37.
“Department” means the department of public instruction.
“Department” means the department of public 4.
4.
If an approved educational provider receives an instruction.
“Educational materials” means materials that a pupil's parent may use to educate the pupil, including curriculum or textbooks.
application for a course under subd.
5.
2., no later than one 4.
“Educational materials” means materials that a week prior to the date on which the course is scheduled pupil’s parent may use to educate the pupil, including to commence, the approved educational provider shall curriculum or textbooks.
notify the applicant and the department, in writing, 5.
6.
whether the application is accepted and, if the application 6.
“Resident school board" means the school board of a resident school district.
“Resident school board” means the school board is accepted, the school at which the pupil may attend the of a resident school district.
7.
course.
“Resident school district” means the school district in which a pupil resides or, if the pupil is attending school in a school district other than the pupil's resident - 2022 Legislature - 8 - LRB-5987/1 KRP:skw ASSEMBLY BILL 970 S ECTION 18 school district pursuant to a whole grade sharing agreement under s.
The acceptance applies only for the following 7.
118.50, the school district in which the pupil is attending school.
“Resident school district” means the school district semester, school year, or other session in which the in which a pupil resides or, if the pupil is attending school course is offered.
(b) Applicability.
If the approved educational provider in a school district other than the pupil’s resident school rejects the application, the approved educational district pursuant to a whole grade sharing agreement provider shall include in the notice the reason for the under s.
1.
118.50, the school district in which the pupil is rejection.
In the 2022-23 school year and in the summer semester or session in 2023, a pupil enrolled in a public school, including a charter school, in this state may, subject to subd.
attending school.
5.
Ifapupil’s parent receives notice of acceptance for (b) Applicability.
the pupil to attend a course offered by an approved educa- 1.
In the 2022−23 school year and in the summer tional provider under subd.
4., the parent shall, prior to semester or session in 2023, a pupil enrolled in a public the date on which the course is scheduled to commence, school, including a charter school, in this state may, sub- notify the pupil’s resident school board and the approved ject to subd.
a.
educational provider of the pupil’s intent to attend the a.
Attend a course offered by an approved educational provider for reimbursement under this subsection.
Attend a course offered by an approved educa- course.
b.
tional provider for reimbursement under this subsection.
Purchase educational materials for reimbursement under this subsection.
(d) Pupil application procedures;
2.
purchasing educa- b.
A pupil may receive reimbursement under this subsection for a total of no more than 2 courses attended or educational materials purchased under this subsection.
Purchase educational materials for reimbursement tional materials.
3.
The parent of a pupil who wants to pur- under this subsection.
A pupil that attends a course under this subsection may not attend the same course under s.
chase educational materials under this subsection for pur- 2.
A pupil may receive reimbursement under this poses of educating the pupil shall, prior to purchasing the subsection for a total of no more than 2 courses attended educational materials, submit a notice to the department or educational materials purchased under this subsection.
that describes the educational materials, lists what is 3.
A pupil that attends a course under this subsection included in the educational materials, and specifies the may not attend the same course under s.
(c) Pupil application procedures;
cost of the educational materials.
No later than 10 days (c) Pupil application procedures;
1.
after the department receives the notice, the department 1.
The parent of a pupil who wants to attend a course under this subsection shall notify the department.
The parent of a pupil who wants to attend a course shall inform the parent regarding whether the parent’s under this subsection shall notify the department.
No later than 10 days after the department receives the notice, the department shall inform the parent of how to apply to attend a course and the deadlines that apply under this subsection.
No request for reimbursement is approved and any deadlines later than 10 days after the department receives the that apply to the parent’s request under this subsection.
notice, the department shall inform the parent of how to The department may reject a request under this paragraph apply to attend a course and the deadlines that apply only if the notice is incomplete or the limit under par.
(b) under this subsection.
The parent of a pupil who wants to attend a course under this subsection shall submit an application, on a form provided by the department, to the approved educational provider offering the course not later than 6 weeks prior to the date on which the course is scheduled to commence.
The application shall specify the course that the pupil wants to attend and may specify the school or schools at which the LRB-5987/1 - 2022 Legislature - 9 - KRP:skw SECTION 18 ASSEMBLY BILL 970 pupil wants to attend the course.
The approved educational provider shall send a copy of the application to the department.
3.
If an approved educational provider receives more applications for a particular course than there are spaces available in the course, the approved educational provider shall determine which pupils to accept on a random basis.
The approved educational provider may reject an applicant only if there is no space available in the course, the applicant pupil does not meet the approved educational provider's admission requirements, or the course conflicts with the applicant pupil's individualized education program under s.
115.787 or services plan, as defined in 34 CFR 300.37.
4.
If an approved educational provider receives an application for a course under subd.
2., no later than one week prior to the date on which the course is scheduled to commence, the approved educational provider shall notify the applicant and the department, in writing, whether the application is accepted and, if the application is accepted, the school at which the pupil may attend the course.
The acceptance applies only for the following semester, school year, or other session in which the course is offered.
If the approved educational provider rejects the application, the approved educational provider shall include in the notice the reason for the rejection.
5.
If a pupil's parent receives notice of acceptance for the pupil to attend a course offered by an approved educational provider under subd.
4., the parent shall, prior to the date on which the course is scheduled to commence, notify the pupil's resident school board and the approved educational provider of the pupil's intent to attend the course.
- 2022 Legislature - 10 - LRB-5987/1 KRP:skw ASSEMBLY BILL 970 SECTION 18 (d) Pupil application procedures;
purchasing educational materials.
The parent of a pupil who wants to purchase educational materials under this subsection for purposes of educating the pupil shall, prior to purchasing the educational materials, submit a notice to the department that describes the educational materials, lists what is included in the educational materials, and specifies the cost of the educational materials.
No later than 10 days after the department receives the notice, the department shall inform the parent regarding whether the parent's request for reimbursement is approved and any deadlines that apply to the parent's request under this subsection.
The department may reject a request under this paragraph only if the notice is incomplete or the limit under par.
(b) 2.
(e) Mandatory participation by school boards and institutions of higher education.
2.
1.
The parent of a pupil who wants to attend a course (e) Mandatory participation by school boards and under this subsection shall submit an application, on a institutions of higher education.
form provided by the department, to the approved educa- 1.
(a) 1.
tional provider offering the course not later than 6 weeks (a)1.a.
a.
shall participate in the program under this subsec- prior to the date on which the course is scheduled to com- tion.
shall participate in the program under this subsection.
(c) 3., an approved educational provider specified in par.
(c) 3., an approved educa- mence.
(a) 1.
The application shall specify the course that the tional provider specified in par.(a)1.a.
a.
shall use the same pupil wants to attend and may specify the school or policies and criteria for accepting and rejecting applica- schools at which the pupil wants to attend the course.
shall use the same policies and criteria for accepting and rejecting applications to attend a course under under par.
The tions to attend a course under under par.
(c) as the policies and criteria for entry into the course that apply to pupils who reside in the school district, except that, notwithstanding par.
(c) as the policies approved educational provider shall send a copy of the and criteria for entry into the course that apply to pupils application to the department.
(c) 3., the approved educational provider may give preference in attendance in a course to residents of the school district.
who reside in the school district, except that, notwith- 3.
2.
If an approved educational provider receives more standing par.
(c) 3., the approved educational provider applications for a particular course than there are spaces may give preference in attendance in a course to residents available in the course, the approved educational of the school district.
provider shall determine which pupils to accept on a ran- 2.
(a) 1.
dom basis.
b.
The approved educational provider may (a)1.b.
shall participate in the program under this subsection.
shall participate in the program under this subsec- Wisconsin Act − 4 − 2021 Assembly Bill 970 tion.
ciplinary proceeding involving the pupil, a written expla- (a)1.b.
shall adopt policies and criteria for accepting and nation of the reasons for the expulsion or pending disci- rejecting applications to attend a course under par.(c) and plinary proceeding, and the length of the term of the shall post a copy of those policies and criteria on the expulsion or the possible outcomes of the pending disci- approved educational provider’s Internet site.
plinary proceeding.
(f) Optional participation by private, tribal, and (i) Transportation.
charter schools.
An approved educational provider spec- 1.
The parent of a pupil attending a course under this ified in par.
b.
shall adopt policies and criteria for accepting and rejecting applications to attend a course under par.
(c) and shall post a copy of those policies and criteria on the approved educational provider's Internet site.
LRB-5987/1 - 2022 Legislature - 11 - KRP:skw SECTION 18 ASSEMBLY BILL 970 (f) Optional participation by private, tribal, and charter schools.
An approved educational provider specified in par.
(a) 1.
is not required to participate in the program under this subsection.
is not required to participate in the subsection is responsible for transporting the pupil to and program under this subsection.
An approved educational provider specified in par.
An approved educational from the course.
(a) 1.
provider specified in par.(a)1.c.
c.
that wants to participate in the program shall, no later than June 1, 2022, do all of 2.
that wants to participate in the program shall, no later than June 1, 2022, do all of the following:
The parent of a pupil who is attending a course under this subsection may apply to the department for the following:
1.
reimbursement of the costs incurred by the parent for the 1.
Notify the department that the approved educational provider intends to participate in the program.
Notify the department that the approved educa- transportation of the pupil to and from the pupil’s resi- tional provider intends to participate in the program.
2.
dence or school in which the pupil is enrolled and the 2.
Adopt a resolution specifying that the approved educational provider will participate in the program.
Adopt a resolution specifying that the approved location at which the pupil is attending the course if the educational provider will participate in the program.
Adopt a resolution specifying the criteria the approved educational provider will use to determine whether to accept or reject individual applications under par.
Adopt a resolution specifying the criteria the pupil and parent are unable to pay the cost of such trans- portation.
(c).
Notwithstanding par.
(c) 3., the approved educational provider may give preference in attendance in a course to pupils who are currently enrolled in or attending the approved educational provider's school.
4.
Post on the approved educational provider's Internet site the fact that the approved educational provider is participating in the program.
5.
For each course the approved educational provider makes available for pupils to attend under the program, not later than 8 weeks prior to the date on which the course is scheduled to commence, post on the approved educational provider's Internet site a description of the course and information regarding admission policies and costs.
The approved educational provider shall update the course information required under this subdivision within 7 business days of any changes to that information.
(g) Rights and privileges of nonresident pupils.
A pupil attending a course in a public school under this subsection in a school district that is not the pupil's - 2022 Legislature - 12 - LRB-5987/1 KRP:skw ASSEMBLY BILL 970 SECTION 18 resident school district has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.
(h) Disciplinary records.
Notwithstanding s.
118.125, a pupil's resident school board shall provide to an approved educational provider to which the pupil has applied under this subsection, upon request by that approved educational provider, a copy of any expulsion findings and orders, a copy of records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding, and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.
(i) Transportation.
1.
The parent of a pupil attending a course under this subsection is responsible for transporting the pupil to and from the course.
2.
The parent of a pupil who is attending a course under this subsection may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the location at which the pupil is attending the course if the pupil and parent are unable to pay the cost of such transportation.
(j) 3., the department shall determine the reimbursement amount, if any.
(j) 3., the department shall approved educational provider will use to determine determine the reimbursement amount, if any.
The department shall give preference under this subdivision to those pupils who satisfy the income eligibility criteria for free or reduced-price lunch under 42 USC 1758 (b) (1).
Thedepart- whether to accept or reject individual applications under ment shall give preference under this subdivision to those par.
(c).
Notwithstanding par.(c)3., the approved educa- pupils who satisfy the income eligibility criteria for free tional provider may give preference in attendance in a or reduced−price lunch under 42 USC 1758 (b) (1).
course to pupils who are currently enrolled in or attend- ing the approved educational provider’s school.
1.
4.
Post on the approved educational provider’s Inter- 1.
(b) 2., if a pupil attends a course offered by an approved educational provider for LRB-5987/1 - 2022 Legislature - 13 - KRP:skw S ECTION 18 ASSEMBLY BILL 970 reimbursement under par.
(b) 2., if a pupil attends a course offered net site the fact that the approved educational provider is by an approved educational provider for reimbursement participating in the program.
(c), the department shall, in the 2023-24 school year, reimburse the approved educational provider the cost of providing the course to the pupil or $1,000, whichever is less.
under par.
(c), the department shall, in the 2023−24 5.
For each course the approved educational provider makes available for pupils to attend under the program, school year, reimburse the approved educational not later than 8 weeks prior to the date on which the provider the cost of providing the course to the pupil or course is scheduled to commence, post on the approved $1,000, whichever is less.
and subject to the limit under par.
and subject to the educational provider’s Internet site a description of the limit under par.(b)2., if a pupil’s parent purchases educa- course and information regarding admission policies and tional materials for reimbursement under par.
(b) 2., if a pupil's parent purchases educational materials for reimbursement under par.
(d), the costs.
(d), the department shall, in the 2023-24 school year, reimburse the parent the cost of purchasing the educational materials or $1,000, whichever is less.
The approved educational provider shall update the course information required under this subdivision department shall, in the 2023−24 school year, reimburse within 7 business days of any changes to that informa- the parent the cost of purchasing the educational materi- tion.
3.
als or $1,000, whichever is less.
If the amount available to the department is insufficient to pay the full reimbursement amounts under this paragraph and par.
(g) Rights and privileges of nonresident pupils.
(i) 2., the department shall prorate the payments among those eligible for reimbursement.
A 3.
S ECTION 19.0Initial applicability.
If the amount available to the department is insuffi- cient to pay the full reimbursement amounts under this pupil attending a course in a public school under this sub- paragraph and par.
(1) INCOME LIMITS.
(i) 2., the department shall prorate the section in a school district that is not the pupil’s resident school district has all of the rights and privileges of pupils payments among those eligible for reimbursement.
residing in that school district and is subject to the same S ECTION 19.0Initial applicability.
rules and regulations as pupils residing in that school dis- (1) INCOME LIMITS.
118.60 (2) (a) 1.
118.60 (2) (a) trict.
1.
first applies to applications to attend a private school participating in a program under s.
first applies to applica- (h) Disciplinary records.
118.60 or 119.23 in the 2022-23 school year.
Notwithstanding s.
(2) PRIVATE SCHOOL ADDITIONAL TUITION.
tions to attend a private school participating in a program 118.125, a pupil’s resident school board shall provide to under s.
The treatment of ss.
118.60 or 119.23 in the 2022−23 school year.
an approved educational provider to which the pupil has (2) P RIVATE SCHOOL ADDITIONAL TUITION.
The treat- applied under this subsection, upon request by that ment of ss.
and 119.23 (3m) (a) 2.
and 119.23 (3m) approved educational provider, a copy of any expulsion (a) 2.
first applies to additional tuition a private school charges for the 2022-23 school year.
first applies to additional tuition a private findings and orders, a copy of records of any pending dis- school charges for the 2022−23 school year.
(END)
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How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill eliminates income limits for participation in parental choice programs and removes pupil participation limits in the WPCP, while also changing certain application processes and tuition thresholds.

  • 118.60 (2) (a) 1.

    the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

    This change allows pupils to participate in the statewide parental choice program regardless of family income.

  • 119.23 (2) (a) 1.

    the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

    This change allows pupils to participate in the Milwaukee parental choice program regardless of family income.

  • 118.60 (3) (ar)

    the provisions concerning the application process based on participation limits.

    This change removes the restrictions on pupil application processes that were in place due to participation limits.

  • 118.60 (2) (be)

    the limits on pupil participation for the WPCP.

    This change eliminates the limits on the number of pupils who may attend private schools under the WPCP.

  • 118.60 (2) (bm)

    the limits on pupil participation for the WPCP.

    This change further supports the elimination of pupil participation limits in the WPCP.

  • 118.60 (3m) (a) 2.

    2.2 → 3.0

    This change increases the income threshold for pupils in grades 9 to 12 from 220% to 300% of the federal poverty level for tuition purposes.

  • 118.60 (3m) (b) 2.

    2.2 → 3.0

    This change allows more pupils to qualify for tuition under the parental choice program by raising the income threshold.

  • 118.60 (4v)

    the provision concerning certain regulations.

    This change removes an entire section of regulations that may have constrained the program's operation.

Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 4-15-2022

  4. Presented to the Governor on 4-13-2022

  5. Report correctly enrolled on 3-10-2022

  6. Received from Senate concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in, Ayes 20, Noes 11

  9. Rules suspended

  10. Ordered to a third reading

  11. Read a second time

  12. Placed on calendar 3-8-2022 pursuant to Senate Rule 18(1)

  13. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  14. Available for scheduling

  15. Report concurrence recommended by Committee on Education, Ayes 4, Noes 3

  16. Executive action taken

  17. Read first time and referred to committee on Education

  18. Received from Assembly

  19. Ordered immediately messaged

  20. Read a third time and passed, Ayes 59, Noes 34, Paired 2

  21. Rules suspended

  22. Ordered to a third reading

  23. Assembly Amendment 1 laid on table, Ayes 60, Noes 33

  24. Assembly Amendment 1 offered by Representatives Emerson, Anderson, Andraca, Baldeh, Billings, Brostoff, Conley, Considine, Doyle, Goyke, Hebl, Hong, McGuire, B. Meyers, Moore Omokunde, Neubauer, Ohnstad, Pope, S. Rodriguez, Shankland, Shelton, Sinicki, Snodgrass, Spreitzer, Subeck, Vining, Vruwink and Haywood

  25. Rules suspended to return to amendable stage

  26. Ordered to a third reading

  27. Read a second time

  28. Representative Steffen added as a coauthor

  29. Placed on calendar 2-22-2022 by Committee on Rules

  30. Referred to committee on Rules

  31. Report passage recommended by Committee on Education, Ayes 7, Noes 6

  32. Executive action taken

  33. Public hearing held

  34. Fiscal estimate received

  35. Representative Wichgers added as a coauthor

  36. Read first time and referred to Committee on Education

  37. Introduced by Representatives Wittke, Thiesfeldt, Dittrich, Murphy, Penterman, Moses, Rozar, Brandtjen, Macco, Knodl and Magnafici; cosponsored by Senators Roth, Darling, Nass, Wanggaard, Stroebel and Jagler

Sponsors

Sponsorship breakdown

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11 sponsors · 0 co-sponsors · 121 not signed on · 26 voted No

Sponsors (11)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 20 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7302
Republican 13000
Democrat 0800
Total 201102
% of votes cast 61%33%0%6%
How each member voted (33)
Member Party Vote
BERNIER — Yea
ROTH — Yea
COWLES — Yea
KOOYENGA — Yea
STROEBEL — Yea
DARLING — Yea
PETROWSKI — Yea
AGARD — Nay
BEWLEY — Nay
RINGHAND — Nay
BALLWEG — Not Voting
ERPENBACH — Not Voting
Carpenter, Tim Democrat Nay
Johnson, LaTonya Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

PASSAGE

Passed 59 Yea · 34 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 36200
Democrat 01600
Unaffiliated 231600
Total 593400
% of votes cast 63%37%0%0%
How each member voted (93)
Member Party Vote
BALDEH — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CABRAL-GUEVA — Yea
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
VORPAGEL — Yea
VRUWINK — Nay
SPEAKER — Yea
KATSMA — Yea
KERKMAN — Yea
KUGLITSCH — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Nay
MILROY — Nay
MOORE OMOKUN — Nay
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Yea
RIEMER — Nay
ROZAR — Yea
SANFELIPPO — Yea
SCHRAA — Yea
SHELTON — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
TAUCHEN — Yea
THIESFELDT — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hesselbein, Dianne Democrat Nay
Hong, Francesca Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spreitzer, Mark Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Gundrum, Rick Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Nay
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Rodriguez, Jessie Republican Nay
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

taxation education
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Frequently asked questions

Who sponsors AB 970?
AB 970 is sponsored by Magnafici, Knodl, Daniel (Republican), Macco, Brandtjen, Rozar, Moses, Clint (Republican), Penterman, William (Republican), Murphy, David (Republican), Dittrich, Barbara (Republican), Thiesfeldt, and Wittke, Robert (Republican).
What is the current status of AB 970?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 970?
Track AB 970 free on One Click Politics — get push/email alerts when it moves.

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