Madison � Democrats who control the state Assembly voted Thursday to cap participation in Milwaukee's parental choice program at 19,500 students for the next two years - about the same number of students who now attend private schools at state expense.
If it becomes law, the change would reverse a 2006 compromise that would have allowed participation to grow to 22,500.
The 19,500 cap was added to the state budget, which the full Assembly was scheduled to debate at 10 a.m. Friday, by state Rep. Fred Kessler (D-Milwaukee). It was one of the final decisions made by the 52 Democrats, who ended four days of closed-door caucus meetings that resulted in dozens of proposed changes to the 2010-'11 budget.
Assembly Speaker Mike Sheridan (D-Janesville) said Democrats will have enough votes to pass the budget Friday.
"When you look at the document, it's well-balanced, and I think we did a lot of good things," Sheridan said.
An opponent of the choice program, Kessler said it would be the first major reduction in the number of choice students - a number that had been expected to grow next year.
The two-year budget includes $2 billion in tax and fee increases, cuts aid to local governments and schools and would force 6% across-the-board spending cuts by state agencies.
But choice supporters said the cap would be fought in both the Assembly and Senate.
"This is not a done deal," said Howard Fuller, the former Milwaukee Public Schools superintendent who now leads the Institute for the Transformation of Learning at Marquette University.
Fuller said "a significant number" of Milwaukee-area legislators will fight the 19,500 cap when it is debated by the Assembly and Senate.
Choice supporter George Mitchell called the cap a "bad move" that would throw students out of the choice program and create a "near-term state of chaos" in the program.
Kessler called the cap reasonable, however.
"I wanted something that was choice neutral, but at the same time, cap the burden that Milwaukee property taxpayers would have to pay," Kessler said.
Now, Milwaukee taxpayers pay 45% of the choice costs, but their share will drop to 41.6% next year and 38.4% in the following year.
Rep. Pedro Col�n (D-Milwaukee) also got approval for a choice-related amendment that he said would not require more widespread bilingual programs in choice schools. Thursday's change would "severely" reduce the requirement for bilingual programs added by the Joint Finance Committee, Col�n said.
But Rep. Leah Vukmir (R-Wauwatosa) said she was frustrated by the amendments and called both measures part of an effort by some Milwaukee Democrats to gut the choice program.
"We have successful schools in the choice program where kids are learning, kids are succeeding and achieving their dreams and we're going to kill it," Vukmir said. "The people who represent these children can't even stand up for them."
Kessler said he did not have an agreement with Democratic Gov. Jim Doyle, who signed the 2006 compromise into law, to accept the 19,500 limit.
But Kessler said the Senate may accept the 19,500 limit. "I have a feeling I'm in pretty good shape in the Senate," Kessler said.
The 19,500 cap would expire on June 30, 2011.
After that, Kessler said, "I think we have to battle again" over limits in the choice program.
The 19,500 limit was not part of a compromise approved by the Legislature's Joint Finance Committee that would require private schools in the program to give standardized tests and report the results, employ teachers who have at least bachelor's degrees and meet the same minimum hours of instruction as public schools.