AB 1040

This bill phases out the Special Needs Scholarship Program and caps the total

number of pupils who may participate in a parental choice program.

Under current law, a child with a disability who meets certain eligibility criteria

may receive a scholarship to attend a private school participating in the SNSP. The

bill provides that, beginning in the 2022-23 school year, the Department of Public

Instruction may not provide an SNSP scholarship to a child to attend a private school

unless the child was attending a private school under the SNSP in the 2021-22

school year. In addition, if the child does not attend a private school under an SNSP

scholarship in any school year after the 2021-22 school year, DPI may not provide

an SNSP scholarship to the child for any subsequent school year.

The bill caps the total number of pupils who may participate in a parental

choice program — the Milwaukee Parental Choice Program, the Racine Parental

Choice Program, or the statewide parental choice program — at the number of pupils

who attended a private school under that parental choice program in the 2021-22

school year. Under the bill, beginning in the 2022-23 school year, if the number of

applications to participate in a parental choice program exceeds the program cap,

DPI must determine which applications to accept on a random basis, subject to

certain admission preferences that exist under current law.

Under current law, pupils may submit applications to attend a private school

under the statewide parental choice program for the following school year from the

first weekday in February to the third Thursday in April, and a private school that

receives applications must, no later than the first weekday in May immediately

following the application period, report the number of applicants to DPI so that DPI

may determine whether a pupil participation limitation has been exceeded. The bill

provides that, beginning with applications for the 2022-23 school year, DPI must

establish one or more application periods during which pupils may submit

applications to attend a private school under the MPCP or RPCP. The bill provides

that a private school that receives applications during an application period must,

no later than 10 days after the application period ends, report the number of

applicants to DPI so that DPI may determine whether a program cap has been

exceeded. The bill does not change the application period for the statewide parental

choice program and requires DPI to use the information required to be reported

under current law to determine whether the program cap for the statewide parental

choice program has been exceeded.

The bill also requires DPI to establish a waiting list for a parental choice

program if the program cap for the parental choice program has been exceeded.