Wisconsin 2019-2020 Regular Session Status: Passed Assembly 8 R cosponsors

AB 849 — Relating to: expanding the part-time open enrollment program. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

362 added · 17 removed

Plain-language change summary

The amended version of Assembly Bill 849 changes the part-time open enrollment program to a course choice program, expanding eligibility for students in grades one to twelve. Additionally, it clarifies that participating educational institutions must be located within Wisconsin, ensuring resources are utilized within the state. These adjustments matter because they broaden access to educational opportunities for more students while reinforcing a focus on local educational institutions.

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- 2020 LEGISLATURE LRBa1360/1 FFK:cdc ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 849 February 20, 2020 - Offered by RepresentativeHIESFELDT.
- 2020 LEGISLATURE LRB-4616/1 FFK:amn&cjs ASSEMBLY BILL 849 February 3, 2020 - Introduced by Representatives T HIESFELDT, KULP , FIELDS, BALLWEG , DITTRICH, FELZKOWSKI , JAGLER, KNODL , SANFELIPPO, SKOWRONSKI , SPIROS, STEINEKE, TUSLER, HUTTON and W ICHGERS , cosponsored by Senators DARLING , KOOYENGA and C RAIG.
At the locations indicated, amend the bill as follows:
Referred to Committee on Education.
A N A CT to repeal 118.52 (3) (d);
to renumber and amend 118.52 (4);to amend 115.28 (54m), 115.38 (1) (d), 115.385 (4), 118.52 (1) (e), 118.52 (2), 118.52 (3) (a), 118.52 (3) (b), 118.52 (3) (c), 118.52 (3) (e), 118.52 (5), 118.52 (6), 118.52 (8), 118.52 (9), 118.52 (10), 118.52 (11), 118.52 (12) and 118.57 (1);
to repeal and recreate 118.52 (title);
and to create 118.52 (1) (ad), 118.52 (1) (af), 118.52 (1) (ah), 118.52 (2m) and 118.52 (13) of the statutes;
relating to:
expanding the part-time open enrollment program.
Analysis by the Legislative Reference Bureau This bill expands the part-time open enrollment program and renames it the course choice program.
Under the current part-time open enrollment program, a pupil enrolled in a public school in the high school grades may attend a course at a public school in a nonresident school district.
Under the bill, a pupil enrolled in an educational institution, as defined in the bill, in grades one to twelve may attend a course at another educational institution.
A pupil may attend no more than a total of two courses at any one time under the current part-time open enrollment program or under the bill's course choice program.
The bill defines an educational institution as any of the following:
Page 4, line 16:
A public school under the control of a pupil's resident school board, including a charter school authorized by the resident school board.
delete “school." and substitute “school located in this state.".
- 2020 Legislature - 2 - LRB-4616/1 FFK:amn&cjs ASSEMBLY BILL 849 2.
A public school under the control of a pupil's nonresident school board, including a charter school authorized by the nonresident school board.
3.
An independent charter school.
4.
A private school.
5.
A nonprofit organization approved by the Department of Public Instruction.
Under the bill, participation in the course choice program is optional for an educational institution that is a private school or a nonprofit organization approved by DPI.
If a private school or DPI-approved nonprofit organization wishes to participate in the course choice program it must take certain actions by the June 1 preceding the school year in which it wishes to participate, including adopting a written policy specifying the acceptance and rejection criteria it will use in the following school year and posting on its Internet site a statement that it will participate in the course choice program and the courses that will be available to pupils under the program.
If a private school or DPI-approved nonprofit organization does not take these actions, a pupil attending the private school or nonprofit organization may not attend courses at other educational institutions under the course choice program and pupils attending other educational institutions may not take courses at the private school or nonprofit organization under the course choice program.
Participation in both the part-time open enrollment program and the course choice program is mandatory for public schools.
Under the bill, the educational institution that a pupil attends on a full-time basis must pay the educational institution offering a course the pupil takes under the course choice program an amount equal to the costs of providing the course to the pupil, as determined by DPI.
The bill prohibits an educational institution from charging or receiving any additional payment from a pupil or a pupil's full-time educational institution for attending a course at the educational institution under the course choice program.
Under the current part-time open enrollment program, a pupil's resident school board may reject a pupil's application to attend a course in a nonresident school district if the resident school board determines that the cost of the course would impose an undue burden on the resident school district.
The bill extends the authority to reject a pupil's application on the basis that the cost of the course would be an undue burden to all full-time educational institutions.
Similar to the low-income transportation assistance offered under current law, a pupil attending a course under the course choice program may apply to DPI for financial assistance for the cost of transportation to a course the pupil attends under the course choice program if the pupil is unable to pay the cost of the transportation.
Under current law, in awarding transportation assistance, DPI must give a preference to pupils who satisfy the criteria for free or reduced-price lunch.
Under the bill, DPI must also give a preference to pupils who attend an educational institution in a rural community.
Finally, the bill requires DPI to include information on the course choice program on DPI's Internet site, including links to the Internet sites of educational institutions participating in the program.
LRB-4616/1 - 2020 Legislature - 3 - FFK:amn&cjs ASSEMBLY BILL 849 For further information see the 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:
S ECTION 1.
115.28 (54m) of the statutes is amended to read:
115.28 (54m) N OTICE OF EDUCATIONAL OPTIONS.Include on the home page of the department's Internet site a link to information about all of the educational options available to children in the state who are at least 3 years old but not yet 18 21 years old and who have not graduated from high school , including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-timeopen enrollment in a nonresident school district, the course choice program, the early college credit program, and options for pupils enrolled in a home-based private educational program.
S ECTION 2.
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115.38 (1) (d) of the statutes is amended to read:
115.38 (1) (d) The number and percentage of resident pupils enrolled in the school district attending a course in a nonresident school district offered by an educational institution under s.
118.52, the number of nonresident pupils who are not enrolled in the school district but are attending a course in the school district under s.
118.52, and the courses taken by those pupils.
S ECTION 3.
115.385 (4) of the statutes is amended to read:
115.385 (4) Annually, each public school, including a charter school, and each private school participating in a parental choice program under s.
118.60 or 119.23 shall provide a copy of the school's accountability report to the parent or guardian of each pupil enrolled in or attending the school.
Each school shall simultaneously provide to the parent or guardian of each pupil enrolled in the school a list of the - 2020 Legislature - 4 - LRB-4616/1 FFK:amn&cjs ASSEMBLY BILL 849 SECTION 3 educational options available to children who reside in the pupil's resident school district, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-time open enrollment in a nonresident school district, the course choice prothe early college credit program, and options for pupils enrolled in a home-based private educational program.
SECTION 4.
118.52 (title) of the statutes is repealed and recreated to read:
118.52 (title) Course choice program.
SECTION 5.
118.52 (1) (ad) of the statutes is created to read:
118.52 (1) (ad) “Educational institution” means all of the following:
1.
A public school under the charge of a pupil's resident school board, including a charter school under contract with the school board under s.
118.40.
Page 4, line 17:
A public school under the charge of a pupil's nonresident school board, including a charter school under contract with the school board under s.
after “organization" insert “located in this state and".
118.40.
Page 5, line 8:
A charter school established under s.
after that line insert:
118.40 (2r) or (2x).
“S ECTION 8m.
118.52 (1) (f) of the statutes is created to read:
118.52 (1) (f) “Rural school district” means a school district that had a membership, as defined in s.
121.004 (5), of no more than 745 pupils in the previous school year.”.
Page 11, line 12:
A private school.
delete “community" and substitute “school district".
Page 11, line 24:
Any nonprofit organization approved by the department.
delete “in a rural communityand substitute “located within the geographical boundaries of a rural school district".
SECTION 6.
118.52 (1) (af) of the statutes is created to read:
118.52 (1) (af) “Full-time educational institution” means the educational institution at which the pupil is enrolled or attends school full time during the school year for which an application is made under this section.
SECTION 7.
118.52 (1) (ah) of the statutes is created to read:
118.52 (1) (ah) “Governing body” means the board that is elected or appointed to govern an educational institution.
If a board is not elected or appointed to govern LRB-4616/1 - 2020 Legislature - 5 - FFK:amn&cjs SECTION 7 ASSEMBLY BILL 849 the educational institution, “governing body” means the person having direct charge of the educational institution.
SECTION 8.
118.52 (1) (e) of the statutes is amended to read:
118.52 (1) (e) “Resident school district" means the school district in which a pupil resides.
If a pupil attends school under a whole grade sharing agreement under s.
118.50 in a school district other than the school district in which the pupil resides, the school district in which the pupil attends school under the whole grade sharing agreement is considered the pupil's resident school district.
SECTION 9.
118.52 (2) of the statutes is amended to read:
118.52 (2) Beginning in the 2018-2020-21 school year, subject to sub.
(2m) (b), a pupil who is enrolled in a public school in the high school or attends an educational institution in grades 1 to 12 may attend public school in a nonresident school district another educational institution under this section for the purpose of taking a course offered by the nonresident school districtthat educational institution.
A pupil may attend no more than 2 courses at any time in nonresident school districts under this section.
SECTION 10.
118.52 (2m) of the statutes is created to read:
118.52 (2m) P ROGRAM PARTICIPATION;PRIVATE SCHOOLS AND NONPROFIT ORGANIZATIONS.(a) For an educational institution under sub.
(1) (ad) 4.
or 5.
to participate in the program under this section, before the June 1 preceding the school year in which the educational institution wishes to participate, the governing body of the educational institution shall do all of the following:
1.
Adopt a motion specifying that the educational institution will participate in the program under this section in the following school year.
- 2020 Legislature - 6 - LRB-4616/1 FFK:amn&cjs ASSEMBLY BILL 849 S ECTION 10 2.
Adopt a written policy specifying the acceptance and rejection criteria described in subs.
(5) and (6) that the educational institution will implement for the following school year and whether the governing body will delegate any of its duties under this section to the administrator, as defined in s.
118.60 (1) (ad), of the educational institution.
3.
Publish and post on its Internet site, if applicable, that the educational institution will participate in the program under this section and, no later than 8 weeks before the date on which a course will begin, post a description of the course that will be available to pupils applying under sub.
(3).
The governing body of the educational institution shall maintain and update the description of available courses throughout the school year.
(b) If an educational institution under sub.
(1) (ad) 4.
or 5.
does not participate in the program under this section, sub.
(2) does not apply to a pupil attending the educational institution or to a pupil attending another educational institution who wishes to attend a course offered by the educational institution under this section.
S ECTION 11.
118.52 (3) (a) of the statutes is amended to read:
118.52 (3) (a) The parent of a pupil who wishes to attend public school in a nonresident school district an educational institution for the purpose of taking a course under this section shall submit an application, on a form provided by the department, to the school board of the nonresident school district in governing body of the educational institution at which the pupil wishes to attend a 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 wishes to attend and may specify the school or schools location at which the pupil wishes to attend the course.
The nonresident school boardoverning body of an educational institution that receives LRB-4616/1 - 2020 Legislature - 7 - FFK:amn&cjs SECTION 11 ASSEMBLY BILL 849 an application under this paragraphhall send a copy of the application to the pupil's resident school board, except that if the pupil is attending a school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s.
118.50, the nonresident school district to which the pupil applies under this section shall send a copy of the application to the school board of the district in which the pupil is attending school pursuant to the whole grade sharing agreement full-time educational institution.
SECTION 12.
118.52 (3) (b) of the statutes is amended to read:
118.52 (3) (b) If a nonresident school board the governing body of an educational institution receives more applications for a particular course than there are spaces available in the course, the nonresident school boardverning body of the educational institution shall determine which pupils to accept on a random basis.
SECTION 13.
118.52 (3) (c) of the statutes is amended to read:
118.52 (3) (c) No later than one week4 weeks prior to the date on which the course is scheduled to commence, the nonresident school board governing body of the educational institution shall notify the applicant and the resident school board governing body of the applicant's full-time educational institution, in writing, whether the application has been accepted and, if the application is accepted, the schoollocation at which the pupil may attend the course.
If the applicant pupil is attending a school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s.
118.50, the school board of the district to which the pupil applies under this section shall provide the notice required under this paragraph to the school board of the district in which the pupil is attending school pursuant to the whole grade sharing agreement.
If the application is accepted, the governing body of the educational institution shall also notify the - 2020 Legislature - 8 - LRB-4616/1 FFK:amn&cjs ASSEMBLY BILL 849 SECTION 13 governing body of the applicant's full-time educational institution, in writing, of the estimated cost of the course.
The acceptance applies only for the following semester, school year, or other session in which the course is offered.
If the school board of the district governing body of the educational institution to which the pupil applies under this section rejects an application, iterning body shall include in the notice the reason for the rejection.
SECTION 14.
118.52 (3) (d) of the statutes is repealed.
SECTION 15.
118.52 (3) (e) of the statutes is amended to read:
118.52 (3) (e) Following receipt of a notice of acceptance but prior to 2 weeks before the date on which the course is scheduled to commence, the pupil's parent shall notify the resident school board, or, if the pupil is attending school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s.
118.50, the school board of the district in which the pupil is attending school, governing body of the pupil's full-time educational institution and the school board of the district to governing body of the educational institution providing the course for which the pupil applies under this section of the pupil's intent to attend the course in the school district to which the pupil applies under this section.
SECTION 16.
118.52 (4) of the statutes is renumbered 118.52 (2p) and amended to read:
118.52 (2p) ADOPTION OF POLICIES AND CRITERIA;
SCHOOL BOARDS AND CHARTER SCHOOLS.By February 1, 1998, Annually, by June 1, each school board and governing board of a charter school shall adopt a resolution specifying the criteria and policies described in subs.
(5) and (6).
If the school board or governing board of a charter school wishes to revise the criteria or policies, it shall do so by resolution.
LRB-4616/1 - 2020 Legislature - 9 - FFK:amn&cjs SECTION 17 ASSEMBLY BILL 849 SECTION 17.
118.52 (5) of the statutes is amended to read:
118.52 (5) N ONRESIDENT SCHOOL DISTRICT G OVERNING BODIES OF EDUCATIONAL INSTITUTIONS;
ACCEPTANCE AND REJECTION CRITERIA.School board A governing body's policies and criteria for accepting and rejecting applications under sub.
(3) from pupils who reside in another school districtre enrolled in or attend a different educational institution shall be the same as the policies and criteria for entry into the course that apply to pupils who reside in the school district, except that the school board may give preference in attendance in a course to residents of the school district are enrolled in or attend on a full-time basis the educational institution governed by the governing body.
SECTION 18.
118.52 (6) of the statutes is amended to read:
118.52 (6) RESIDENT SCHOOL DISTRICT REJECTIONR EJECTION CRITERIA;
FULL-TIME EDUCATIONAL INSTITUTION.
(a) Individualized education program requirements.
The school board of a A pupil's resident school district, or, if the pupil is attending school in a school district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s.
118.50, the school board of the district in which the pupil is attending school, board shall reject a pupil's application to attend a course in a public school in a nonresident school districtred by an educational institution under this section if the resident school board or the school board of the district in which the pupil is attending school, respectively, determines that the course conflicts with the individualized education program for the pupil under s.
115.787 (2).
(b) Undue financial burden.
The school board of aoverning body of a pupil's resident school district full-time educational institution may reject an the pupil's application to attend a course in a public school in a nonresident school district - 2020 Legislature - 10 - LRB-4616/1 FFK:amn&cjs ASSEMBLY BILL 849 S ECTION 18 offered by another educational institution under this section cost of the course would impose upon the resident school district full-time educational institution an undue financial burden in light of the resident school district's full-time educational institution's total economic circumstances, including its revenue limit under subch.
VII of ch.
121, its ability to pay tuition costs for the pupil, and the per pupil cost for children continuing to be served by the resident school district it, and if applicable, its revenue limit under subch.
VII of ch.
121.
S ECTION 19.
118.52 (8) of the statutes is amended to read:
118.52 (8) APPEAL OF REJECTION.If an application is rejected under sub.
(3) (c) or a pupil is prohibited from attending a course in a public school in a nonresident school district at an educational institution under sub.
(6), the pupil's parent may appeal the decision to the department within 30 days after the decision.
The department shall affirm the decision unless the department finds that the decision was arbitrary or unreasonable.
The department's decision is final and is not subject to judicial review under subch.
III of ch.
227.
S ECTION 20.
118.52 (9) of the statutes is amended to read:
118.52 (9) RIGHTS AND PRIVILEGES OF NONRESIDENT PUPILA pupil attending a course in a public school in a nonresident school district offered by an educational institution under this section has all of the rights and privileges of pupils residing in that school district attending the educational institution on a full-time basis and is subject to the same rules and regulations as pupils residing in that school district attending the educational institution on a full-time basis.
S ECTION 21.
118.52 (10) of the statutes is amended to read:
118.52 (10) Notwithstanding s.
118.125, the resident school board governing body of an educational institution shall provide to the nonresident school board LRB-4616/1 - 2020 Legislature - 11 - FFK:amn&cjs SECTION 21 ASSEMBLY BILL 849 governing body of the educational institutionhich a pupil has applied under this section, upon request by that school board governing body, 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.
S ECTION 22.
118.52 (11) of the statutes is amended to read:
118.52 (11) TRANSPORTATION.
(a) Responsibility.The parent of a pupil attending a course in a public school in a nonresident school district offered by an educational institution under this section is responsible for transporting the pupil to and from the course that the pupil is attending.
(b) Low-income assistance Assistance;
low-income or rural community.
The parent of a pupil who is attending a course in a public school in a nonresident school district offered by an educational institution under this section 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 full-time educational institution and the school educational institution at which the pupil is attending the course if the pupil and parent are unable to pay the cost of such transportation.
The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s.
20.255 (2) (cy).
The department shall give preference under this paragraph to those pupils who satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1) and to those pupils who attend a full-time educational institution in a rural community.
S ECTION 23.
118.52 (12) of the statutes is amended to read:
- 2020 Legislature - 12 - LRB-4616/1 FFK:amn&cjs ASSEMBLY BILL 849 S ECTION 23 118.52 (12) T UITION.The resident school boardgoverning body of a pupil's full-time educational institution shall pay to the nonresident school board, for each governing body of the educational institution offering the course the pupil attending a course in a public school in the nonresident school district attends under this section, an amount equal to the cost of providing the course to the pupil, calculated in a manner as determined by the department.
The governing body of the educational institution offering the course the pupil attends under this section may not charge or receive from the pupil or the governing body of the pupil's full-time educational institution any additional payment for the pupil attending the course under this section.
S ECTION 24.
118.52 (13) of the statutes is created to read:
118.52 (13) PROGRAM PUBLICITY.The department shall include on its Internet site information on the program under this section, including the Internet site, if any, of each school board, charter school established under s.
118.40 (2r) or (2x), and educational institution under sub.
(1) (ad) 4.
and 5.
that is participating in the program under this section.
The department shall maintain this information on its Internet site so that the information is current and accurate throughout the school year.
S ECTION 25.
118.57 (1) of the statutes is amended to read:
118.57 (1) Annually, by January 31, each school board shall publish as a class 1 notice, under ch.
985, and post on its Internet site a description of the educational options available to children in the school district, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, LRB-4616/1 - 2020 Legislature - 13 - FFK:amn&cjs SECTION 25 ASSEMBLY BILL 849 full-time or part-timeopen enrollment in a nonresident school district, the course choice program, and the early college credit program.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Withdrawn from committee on Education and rereferred to committee on Senate Organization pursuant to Senate Rule 46(2)(c)

  4. Public hearing held

  5. Read first time and referred to committee on Education

  6. Received from Assembly

  7. Ordered immediately messaged

  8. Read a third time and passed

  9. Rules suspended

  10. Ordered to a third reading

  11. Assembly Amendment 1 adopted

  12. Assembly Amendment 1 offered by Representative Thiesfeldt

  13. Read a second time

  14. Made a special order of business at 11:08 AM on 2-20-2020 pursuant to Assembly Resolution 21

  15. Referred to committee on Rules

  16. Report passage recommended by Committee on Education, Ayes 9, Noes 6

  17. Executive action taken

  18. Fiscal estimate received

  19. Public hearing held

  20. Read first time and referred to Committee on Education

  21. Introduced by Representatives Thiesfeldt, Kulp, Fields, Ballweg, Dittrich, Felzkowski, Jagler, Knodl, Sanfelippo, Skowronski, Spiros, Steineke, Tusler, Hutton and Wichgers; cosponsored by Senators Darling, Kooyenga and Craig

Sponsors

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15 sponsors · 0 co-sponsors · 117 not signed on

Sponsors (15)

Co-sponsors (0)

None.

Not signed on (117)

117 members have not signed on to this bill.

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Frequently asked questions

Who sponsors AB 849?
AB 849 is sponsored by Thiesfeldt, Kulp, Fields, Ballweg, Felzkowski, Mary (Republican), Jagler, John (Republican), Knodl, Daniel (Republican), Sanfelippo, Skowronski, Spiros, John (Republican), Steineke, Tusler, Ron (Republican), Hutton, Rob (Republican), Wichgers, Chuck (Republican), and Dittrich, Barbara (Republican).
What is the current status of AB 849?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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.
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