AB 227

Under current law, the state superintendent of public instruction (state

superintendent) must, with the assistance of the Department of Justice (DOJ),

conduct a background investigation of each applicant for issuance or renewal of a

license or permit. A license or permit is required for an applicant to teach in a public

school. If the state superintendent determines that further investigation of the

applicant is necessary, the applicant shall be fingerprinted and the fingerprinting

cards may be forwarded by DOJ to the Federal Bureau of Investigation for the

purpose of verifying the applicant's identity and obtaining records of the applicant's

criminal arrest or conviction. The state superintendent may condition issuance of

a license or permit upon the receipt of a satisfactory background investigation.

Current law requires the state superintendent to revoke a license issued to an

individual (licensee) by the state superintendent for incompetency or immoral

conduct on the part of the licensee; if the licensee is convicted of certain Class A, B,

C, D, E, F, G, or H felonies or certain other crimes or violations, including sex offenses;

or if the licensee is liable for delinquent taxes or is delinquent in making

court-ordered payments of child or family support payments.

Under the Milwaukee Parental Choice Program (MPCP), a pupil who resides

in the city of Milwaukee may attend a participating private school at state expense

if, among other requirements, the pupil is a member of a family that has a total

family income that does not exceed 300 percent of the poverty level. The Biennial

Budget Act,

2011 Wisconsin Act 32

(the act), created a parental choice program for

eligible school districts (program). Under the program, a pupil who resides in an

eligible school district may attend a participating private school if, among other

requirements, the pupil is a member of a family that has a total family income that

does not exceed 300 percent of the poverty level.

This bill requires the state superintendent to ensure that, on an annual basis,

teachers in and administrators and owners of private schools participating in the

MPCP and in the program are subject to the same background investigations

applicable to licensees. The bill requires the state superintendent to charge each

private school a fee sufficient to reimburse the Department of Public Instruction for

the costs to conduct the investigations required under the bill. The state

superintendent may prohibit a private school from participating in the MPCP or in

the program in the current school year if the private school has failed to pay the fee

charged for the background investigations. The bill prohibits a participating private

school from employing a teacher or administrator who would not be eligible for

employment in a public school for any of the reasons identified above. The bill also

authorizes the state superintendent to immediately terminate a private school's

participation in the MPCP or the program if the owner of the private school would