2011 Wisconsin Code
Chapter 119. First class city school system.
119.23 Milwaukee parental choice program.

119.23

119.23 Milwaukee parental choice program.

119.23(1)

(1) In this section:

119.23(1)(ae)

(ae) "Administrator" means the superintendent, supervising principal, executive director, or other person who acts as the administrative head of a private school participating in the program under this section.

119.23(1)(ah)

(ah) "Membership" has the meaning given in s. 121.004 (5).

119.23(1)(am)

(am) "Preaccreditation" means the review and approval of an educational plan. Review of an education plan includes consideration of whether the school submitting the plan meets the requirements under s. 118.165 (1). The fact that a private school has obtained preaccreditation does not require an accreditation organization to accredit the private school.

119.23(1)(as)

(as) "Progress records" has the meaning given in s. 118.125 (1) (c).

119.23(1)(b)

(b) "Summer average daily membership equivalent" has the meaning given in s. 121.004 (8).

119.23(1)(c)

(c) "Summer choice average daily membership equivalent" means the summer average daily membership equivalent of pupils who were attending a private school under this section on the 2nd Friday of January of the school term immediately preceding that summer or whose applications have been accepted under sub. (3) for attendance at the private school in the school term immediately following that summer.

119.23(1)(d)

(d) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.

119.23(2)

(2)

119.23(2)(a)

(a) Subject to par. (b), any pupil in grades kindergarten to 12 who resides within the city may attend, at no charge, any private school located in the city if all of the following apply:

119.23(2)(a)1.

1. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.75 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section if the pupil is a member of a family that has a total family income that does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. For purposes of admission to a private school under this section, siblings of pupils attending a private school under this section are subject to the higher income limit. If a pupil attending a private school under this section ceases to attend a private school under this section, the lower income limit applies unless the pupil is a sibling of a pupil attending a private school under this section.

119.23(2)(a)3.

3. The private school notified the state superintendent of its intent to participate in the program under this section, and paid a nonrefundable fee set by the department, by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space. The department shall by rule set the fee charged under this subdivision at an amount such that the total fee revenue covers the costs of employing one full-time auditor to evaluate the financial information submitted by the private schools under sub. (7) (am) and (d) 2. and 3.

119.23(2)(a)4.

4. The private school complies with 42 USC 2000d.

119.23(2)(a)5.

5. The private school meets all health and safety laws or codes that apply to public schools.

119.23(2)(a)6.

6.

119.23(2)(a)6.a.

a. Except as provided in subd. 6. c., all of the private school's teachers have a bachelor's degree from an accredited institution of higher education.

119.23(2)(a)6.b.

b. All of the private school's administrators have at least a bachelor's degree from an accredited institution of higher education.

119.23(2)(a)6.c.

c. Any teacher employed by the private school on July 1, 2010, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2010, and who does not satisfy the requirements under subd. 6. a. on July 1, 2010, applies to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 6. a. The department shall promulgate rules to implement this subd. 6. c., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under subd. 6. a., including the name of the accredited institution of higher education at which the teacher is pursuing or will pursue the bachelor's degree and the anticipated date on which the teacher expects to complete the bachelor's degree. No waiver granted under this subd. 6. c. is valid after July 31, 2015.

119.23(2)(a)7.

7.

119.23(2)(a)7.a.

a. Subject to subd. 7. c., for a private school participating in the program under this section on July 1, 2009, the private school achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the Archdiocese of Milwaukee, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year that begins after June 30, 2006, in which it participates in the program under this section, or the private school was approved for scholarship funding for the 2005-06 school year by Partners Advancing Values in Education. If the private school is accredited as provided under this subd. 7. a., the private school is not required to obtain preaccreditation from the Institute for the Transformation of Learning at Marquette University under subd. 7. b. as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

119.23(2)(a)7.b.

b. Subject to subd. 7. c., for a private school that is a first-time participant in the program under this section on July 1, 2009, and that is not accredited as provided under subd. 7. a., the private school obtains preaccreditation from the Institute for the Transformation of Learning at Marquette University by August 1 before the first school term of participation in the program under this section that begins after July 1, 2009, or by May 1 if the private school begins participating in the program during summer school, and achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the Archdiocese of Milwaukee, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year that begins after July 1, 2009, in which it participates in the program under this section. If the private school is accredited under this subd. 7. b., the private school is not required to obtain preaccreditation from the Institute for the Transformation of Learning at Marquette University as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

119.23(2)(a)7.c.

c. On or after July 1, 2009, a private school participating or seeking to participate in the program under this section may not apply for accreditation by the Institute for the Transformation of Learning at Marquette University, except that a private school that has applied for accreditation to the Institute for the Transformation of Learning at Marquette University before July 1, 2009, may complete the accreditation process with the Institute for the Transformation of Learning at Marquette University, and may seek renewal of accreditation from the Institute for the Transformation of Learning at Marquette University.

119.23(2)(a)8.

8. Notwithstanding s. 118.165 (1) (c), the private school annually provides at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil instruction in grades 7 to 12. Hours provided under this subdivision include recess and time for pupils to transfer between classes but do not include the lunch periods.

119.23(2)(b)

(b) No more than 22,500 pupils, as counted under s. 121.004 (7), may attend private schools under this section. Whenever the state superintendent determines that the limit is reached, he or she shall issue an order prohibiting the participating private schools from accepting additional pupils until he or she determines that the number of pupils attending private schools under this section has fallen below the limit. If the number of pupils attending private schools under this section falls below the limit under this paragraph, the state superintendent shall issue an order notifying participating private schools that they may begin accepting additional pupils, and, notwithstanding sub. (3) (a), participating private schools that wish to accept additional pupils under this section shall accept pupils as follows:

119.23(2)(b)1.

1. The private school shall give first priority to pupils who are attending a private school under this section.

119.23(2)(b)2.

2. The private school shall give 2nd priority to the siblings of pupils who are attending a private school under this section.

119.23(2)(b)3.

3. The private school shall give 3rd priority to pupils selected at random under a procedure established by the department by rule.

119.23(2)(c)

(c)

119.23(2)(c)1.

1. Notwithstanding par. (a) 6., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor's degree.

119.23(2)(c)2.

2. Notwithstanding par. (a) 6., an administrator of a private school participating in the program under this section that prepares and trains pupils attending the school in rabbinical studies is not required to have a bachelor's degree.

119.23(3)

(3)

119.23(3)(a)

(a) 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. Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. If the private school rejects an application, the notice shall include the reason. A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. 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 in accepting applications to siblings of pupils accepted on a random basis.

119.23(3)(b)

(b) If the private school rejects an applicant because it has too few available spaces, the pupil may transfer his or her application to a participating private school that has space available.

119.23(4)

(4)

119.23(4)(a)

(a) Annually, on or before October 15, a private school participating in the program under this section shall file with the department a report stating its summer average daily membership equivalent and its summer choice average daily membership equivalent for the purpose of sub. (4m).

119.23(4)(b)

(b) Except as provided in par. (bg), upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the parent or guardian, from the appropriation under s. 20.255 (2) (fu), an amount equal to the lesser of the following:

119.23(4)(b)1.

1. The amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department.

119.23(4)(b)2.

2. The amount paid per pupil under this subsection in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.

119.23(4)(bg)

(bg) In the 2009-10 and 2010-11 school years, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the parent or guardian, from the appropriation under s. 20.255 (2) (fu), an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or $6,442, whichever is less.

119.23(4)(c)

(c) The state superintendent shall pay 25% of the total amount under this subsection in September, 25% in November, 25% in February and 25% in May. The state superintendent may include the entire amount under sub. (4m) in one of those installments or apportion the entire amount among one or more of those installments. Except as provided in sub. (4r), the department shall send the check to the private school. Except as provided in sub. (4r), the parent or guardian shall restrictively endorse the check for the use of the private school.

119.23(4m)

(4m) In addition to the payment under sub. (4) the state superintendent shall pay to the parent or guardian of each pupil enrolled in a private school under this section, in the manner described in sub. (4) (c), an amount determined by multiplying 40% of the payment under sub. (4) by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under sub. (4).

119.23(4r)

(4r) If, after the 3rd Friday in September in any school year, a private school participating in the program under this section closes, for each installment under sub. (4) (c) that was not paid to the private school in that school year, the state superintendent shall pay to the board, from the appropriation under s. 20.255 (2) (fv), the amount determined as follows for each pupil who had been attending the private school under this section in that school year and who enrolls in the school district operating under this chapter in that school year:

119.23(4r)(a)

(a)

119.23(4r)(a)1.

1. In the 2009-10 school year, multiply the amount determined under sub. (4) (b) or (bg) by 0.584.

119.23(4r)(a)2.

2. In the 2010-11 school year and in any school year thereafter, multiply the amount determined under sub. (4) (b) or (bg) by 0.616.

119.23(4r)(b)

(b) Multiply the product under par. (a) by 0.25.

119.23(5)

(5) The state superintendent shall ensure that pupils and parents and guardians of pupils who reside in the city are informed annually of the private schools participating in the program under this section.

119.23(6)

(6) The board shall provide transportation to pupils attending a private school under this section if required under s. 121.54 and may claim transportation aid under s. 121.58 for pupils so transported.

119.23(6m)

(6m) Each private school participating in the program under this section shall do all of the following:

119.23(6m)(a)

(a) Provide to each pupil, or the parent or guardian of each minor pupil, who applies to attend the private school all of the following:

119.23(6m)(a)1.

1. The name, address, and telephone number of the private school and the name of one or more contact persons at the school.

119.23(6m)(a)2.

2. A list of the names of the members of the private school's governing body and of the private school's shareholders, if any.

119.23(6m)(a)3.

3. A notice stating whether the private school is an organization operated for profit or not for profit. If the private school is a nonprofit organization, the private school shall also provide the applicant with a copy of the certificate issued under section 501 (c) (3) of the Internal Revenue Code verifying that the private school is a nonprofit organization that is exempt from federal income tax.

119.23(6m)(a)4.

4. A copy of the appeals process used if the private school rejects the applicant.

119.23(6m)(a)5.

5. A copy of the policy developed by the private school under s. 118.33 (1) (f) 2m.

119.23(6m)(a)6.

6. A copy of the non-harassment policy used by the private school, together with the procedures for reporting and obtaining relief from harassment.

119.23(6m)(a)7.

7. A copy of the suspension and expulsion policies and procedures, including procedures for appealing a suspension or expulsion, used by the private school.

119.23(6m)(a)8.

8. A copy of the policy used by the private school for accepting or denying the transfer of credits earned by a pupil attending the private school under this section for the satisfactory completion of coursework at another school.

119.23(6m)(a)9.

9. A copy of the policy governing visitors and visits to the private school, developed as required under sub. (7) (b) 2m.

119.23(6m)(b)

(b) Annually, by August 1st, provide to the department the material specified in par. (a) and all of the following information:

119.23(6m)(b)1.

1. The number of pupils attending the private school under this section in the previous school year.

119.23(6m)(b)2.

2. The number of pupils attending the private school other than under this section in the previous school year.

119.23(6m)(b)3.

3. For each of the previous 5 school years in which the private school has participated in the program under this section, all of the following information:

119.23(6m)(b)3.a.

a. The number of pupils who attended the private school under this section and other than under this section in the 12th grade and the number of those pupils who graduated from the private school.

119.23(6m)(b)3.b.

b. The number of pupils who attended the private school under this section and other than under this section in the 8th grade and the number of those pupils who advanced from grade 8 to grade 9.

119.23(6m)(b)3.c.

c. The number of pupils who attended the private school under this section and other than under this section in the 4th grade and the number of those pupils who advanced from grade 4 to grade 5.

119.23(6m)(b)3.d.

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

119.23(6m)(b)4.

4. A copy of the academic standards adopted under sub. (7) (b) 2.

119.23(6m)(c)

(c) Provide to the department a signed statement from each individual who is a member of the private school's governing body verifying that the individual is a member of the governing body.

119.23(6m)(d)

(d) Upon request by any pupil, or the parent or guardian of any minor pupil, who is attending or who applies to attend the private school, provide the material specified in pars. (a) and (b).

119.23(7)

(7)

119.23(7)(a)

(a) Each private school participating in the program under this section shall meet at least one of the following standards:

119.23(7)(a)1.

1. At least 70% of the pupils in the program advance one grade level each year.

119.23(7)(a)2.

2. The private school's average attendance rate for the pupils in the program is at least 90%.

119.23(7)(a)3.

3. At least 80% of the pupils in the program demonstrate significant academic progress.

119.23(7)(a)4.

4. At least 70% of the families of pupils in the program meet parent involvement criteria established by the private school.

119.23(7)(am)

(am) Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department. Annually by September 1 following a school year in which a private school participated in the program under this section, the private school shall submit to the department all of the following:

119.23(7)(am)1.

1. An independent financial audit of the private school conducted by a certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents pupil costs under sub. (4) (b) 1. The audit under this subdivision shall be limited in scope to those records that are necessary for the department to make payments under subs. (4) and (4m).

119.23(7)(am)2.

2. Evidence of sound fiscal practices, as prescribed by the department by rule.

119.23(7)(b)

(b) Each private school participating in the program under this section shall do all of the following:

119.23(7)(b)1.

1. Administer to any pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.

119.23(7)(b)2.

2. Adopt the pupil academic standards required under s. 118.30 (1g) (a) 3.

119.23(7)(b)2m.

2m. Develop a written policy governing visitors and visits to the private school.

119.23(7)(b)3.

3. Ensure that any teacher's aide employed by the private school has graduated from high school, been granted a declaration of equivalency of high school graduation, or been issued a general educational development certificate of high school equivalency.

119.23(7)(b)3m.

3m. Annually, schedule two meetings at which members of the governing body of the private school will be present and at which pupils, and the parents or guardians of pupils, applying to attend the private school or attending the private school may meet and communicate with the members of the governing body. The private school shall, within 30 days after the start of the school term, notify the department in writing of the scheduled meeting dates and shall, at least 30 days before the scheduled meeting date, notify in writing each pupil, or the parent or guardian of each minor pupil, applying to attend the private school or attending the private school of the meeting date, time, and place.

119.23(7)(b)4.

4. Maintain progress records for each pupil attending the private school under this section while the pupil attends the school and, except as provided under subd. 7., for at least 5 years after the pupil ceases to attend the school.

119.23(7)(b)5.

5. Upon request, provide a pupil or the parent or guardian of a minor pupil who is attending the private school under this section with a copy of the pupil's progress records.

119.23(7)(b)6.

6. Issue a high school diploma or certificate to each pupil who attends the private school under this section and satisfactorily completes the course of instruction and any other requirements necessary for high school graduation.

119.23(7)(b)7.

7.

119.23(7)(b)7.a.

a. Except as provided in subd. 7. b., if the private school ceases operating as a private school, immediately transfer all of the progress records of the pupils who attended the school under this section to the board. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of progress records under this subd. 7. a.

119.23(7)(b)7.b.

b. If the private school is affiliated with an organization that will maintain the progress records of each pupil who attended the school under this section for at least 5 years after the private school ceases operation as a private school, the private school may transfer a pupil's records to the organization if the pupil, or the parent or guardian of a minor pupil, consents in writing to the release of the progress records to the affiliated organization. The private school shall send to the department a copy of the consent form for each pupil who consents to the transfer of progress records under this subd. 7. b. The written notice shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall include the name, phone number, mailing address, and other relevant contact information of the organization that will maintain the progress records, and a declaration by the affiliated organization that the organization agrees to maintain the progress records for at least 5 years after the private school ceases operation as a private school.

119.23(7)(b)8.

8. Ensure that an accrediting agency reviews and reports to the department on the private school's compliance with subds. 4. and 6. as provided under sub. (9) (b). The accrediting agency may determine compliance by examining an appropriate sample of pupil records.

119.23(7)(c)

(c) A private school may not require a pupil attending the private school under this section to participate in any religious activity if the pupil's parent or guardian submits to the pupil's teacher or the private school's principal a written request that the pupil be exempt from such activities.

119.23(7)(d)

(d) By August 1 before the first school term of participation in the program, or by May 1 if the private school begins participating in the program during summer school, each private school participating in the program under this section shall submit to the department all of the following:

119.23(7)(d)1.

1. A copy of the school's current certificate of occupancy issued by the city. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the city to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the requirement of this subdivision.

119.23(7)(d)2.

2. Evidence of financial viability, as prescribed by the department by rule.

119.23(7)(d)3.

3. Proof that the private school's administrator has participated in a fiscal management training program approved by the department.

119.23(7)(e)

(e)

119.23(7)(e)1.

1. In the 2009-10 school year, each private school participating in the program under this section shall administer a nationally normed standardized test in reading, mathematics, and science to pupils attending the school under the program in the 4th, 8th, and 10th grades. Beginning in the 2010-11 school year and annually thereafter, each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1s) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils. Beginning in 2006 and annually thereafter until 2011, the private school shall provide the scores of all standardized tests and examinations that it administers under this subdivision to the School Choice Demonstration Project.

119.23(7)(e)2.

2. The legislative audit bureau shall review and analyze the standardized test score data received from the School Choice Demonstration Project. Based on its review, in 2007 and annually thereafter until 2011, the bureau shall report to the legislature under s. 13.172 (2) the results of the standardized tests administered under subd. 1., the scores of a representative sample of pupils participating in the program on the tests under ss. 118.30 and 121.02 (1) (r), and the scores of a comparable group of pupils enrolled in the school district operating under this chapter on the tests under ss. 118.30 and 121.02 (1) (r).

119.23(7)(f)

(f) A private school that is neither accredited nor approved under sub. (2) (a) 7., and to which either of the following applies, shall apply for accreditation by December 31 of the school year in which it enters or reenters the program under this section:

119.23(7)(f)1.

1. The private school did not participate in the program under this section during the 2005-06 school year.

119.23(7)(f)2.

2. The private school participated in the program under this section during the 2005-06 school year but did not participate in the program during the 2006-07 school year.

119.23(7)(g)

(g)

119.23(7)(g)1.

1. By the first day of the 3rd month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by October 1 of a private school's first school year of participation in the program under this section, whichever is later, the private school shall provide for the development of a plan for maintaining indoor environmental quality in the private school.

119.23(7)(g)2.

2. By the first day of the 12th month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by the beginning of the 2nd school year of participation in the program under this section, whichever is later, the private school shall implement a plan for maintaining indoor environmental quality in the private school.

119.23(7)(g)3.

3. Each private school participating in the program under this section shall provide a copy of the plan implemented under subd. 2. to any person upon request.

119.23(8)

(8) There is created a pupil assignment council composed of one representative from each private school participating in the program under this section. Annually by June 30, the council shall make recommendations to the participating private schools to achieve, to the extent possible, a balanced representation of pupils participating in the program under this section.

119.23(9)

(9)

119.23(9)(a)

(a) If any accrediting agency specified under sub. (2) (a) 7. a. or b. determines during the accrediting process that a private school does not meet all of the requirements under s. 118.165 (1), or if the Institute for the Transformation of Learning at Marquette University determines during the preaccreditation process that a private school does not meet all of the requirements under s. 118.165 (1), it shall report that failure to the department.

119.23(9)(b)

(b) An accrediting agency specified under sub. (2) (a) 7. a. and b. shall review and report to the department on a private school's compliance with sub. (7) (b) 4. and 6. The accrediting agency may determine compliance by examining an appropriate sample of pupil records.

119.23(10)

(10)

119.23(10)(a)

(a) The state superintendent may issue an order barring a private school from participating in the program under this section in the current school year if the state superintendent determines that the private school has done any of the following:

119.23(10)(a)1.

1. Misrepresented information required under sub. (7) (d).

119.23(10)(a)2.

2. Failed to provide the notice or pay the fee required under sub. (2) (a) 3., or provide the information required under sub. (7) (am) or (d), by the date or within the period specified.

119.23(10)(a)3.

3. Failed to refund to the state any overpayment made under sub. (4) (b) or (bg) or (4m) by the date specified by department rule.

119.23(10)(a)4.

4. Failed to meet at least one of the standards under sub. (7) (a) by the date specified by department rule.

119.23(10)(a)5.

5. Failed to provide the information required under sub. (6m).

119.23(10)(a)6.

6. Failed to comply with the requirements under sub. (7) (b) or (c).

119.23(10)(a)7.

7. Violated sub. (7) (b) 4., 5., or 6.

119.23(10)(am)

(am) If the state superintendent determines that any of the following have occurred, he or she may issue an order barring the private school from participating in the program under this section in the following school year:

119.23(10)(am)1.

1. The private school has not complied with the requirement under sub. (7) (f).

119.23(10)(am)2.

2. The private school's application for accreditation has been denied by the accrediting organization.

119.23(10)(am)3.

3. The private school has not achieved accreditation within the period allowed under sub. (2) (a) 7.

119.23(10)(b)

(b) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that conditions at the private school present an imminent threat to the health or safety of pupils.

119.23(10)(c)

(c) Whenever the state superintendent issues an order under par. (a), (am), or (b), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

119.23(10)(d)

(d) The state superintendent may withhold payment from a parent or guardian under subs. (4) and (4m) if the private school attended by the child of the parent or guardian violates this section.

119.23(11)

(11) The department shall promulgate rules to implement and administer this section.

119.23 - ANNOT.

History: 1989 a. 336; 1993 a. 16; 1995 a. 27 ss. 4002 to 4009, 9145 (1); 1995 a. 216; 1997 a. 27, 113; 1999 a. 9; 2001 a. 16, 105; 2003 a. 33, 155; 2005 a. 25, 125; 2009 a. 28, 96.

119.23 - ANNOT.

Cross-reference: See also ch. PI 35, Wis. adm. code.

119.23 - ANNOT.

This section is constitutional. Jackson v. Benson, 218 Wis. 2d 835, 578 N.W.2d 602 (1998), 97-0270.

119.23 - ANNOT.

Although portions of the plaintiff's property were located in Milwaukee, the school itself was not when it's buildings were not in the city and it was unable to obtain a certificate of occupancy form Milwaukee as required under sub. (7) (d). Without the requisite certificate on file, the plaintiff is ineligible to participate in the choice program under this section. Thomas More High School v. Burmaster, 2005 WI App 204, 287 Wis. 2d 220, 704 N.W.2d 349, 04-2511.

119.23 - ANNOT.

The Cleveland, Ohio school choice program, which provides tuition aid to parents who may use the money to pay tuition to private, religious schools, does not violate the establishment of religion clause of the 1st Amendment. When an aid program is neutral with respect to religion and provides assistance to a broad class of citizens who, in turn, direct the aid to religious schools through individual choice, the program is not subject to challenge. Zelman v. Simmons-Harris, 536 U.S. 639, 153 L. Ed. 2d 604, 122 S. Ct. 2460 (2002).

119.23 - ANNOT.

Milwaukee Parental Choice Program Upheld. Beard. 75 MLR 673 (1992).

119.23 - ANNOT.

The Constitutional Implications of School Choice. 1992 WLR 459.

119.23 - ANNOT.

Opening the Door to School Choice in Wisconsin. Is Agnosti v. Felton the Key? Kimball. 81 MLR 843 (1998).