PI 35.02(10k)(b)
(b) Participated in the program but voluntarily withdrew during the preceding or current school year.
PI 35.02(10k)(c)
(c) Participated in the program but was issued an order from the state superintendent terminating or barring the private school's participation in the program during the preceding or current school year.
PI 35.02(10m)
(10m) "Less-than-an-arms-length transaction" means a transaction where one party to the transaction is able to control or substantially influence the actions of the other. Such transactions include but are not limited to those between any of the following:
PI 35.02(10m)(a)
(a) Administrative and operating locations of the private school.
PI 35.02(10m)(b)
(b) The private school and any other organization that has as an owner, officer, or director an individual who serves in any of these capacities at the private school.
PI 35.02(10m)(c)
(c) The private school and an owner, director, trustee, officer, or key employee of the private school or an immediate family member of an owner, director, trustee, officer, or key employee of the private school either directly or through corporations, trusts, or similar arrangements in which they hold a controlling interest.
PI 35.02(11)
(11) "Membership" means the sum of the average number of pupils enrolled in the Milwaukee parental choice program as reported under
s. PI 35.04 (6) (a) and the summer average daily membership equivalent as defined under
s. PI 35.043 (1) (c).
PI 35.02(12)
(12) "Milwaukee parental choice program" or "choice program" means the program established under s.
119.23, Stats.
PI 35.02(12m)
(12m) "Net eligible educational programming cost" means the cost of providing kindergarten through grade 12 educational programs less offsetting revenues and debt proceeds. Net eligible educational programming cost may not include penalties, fines, fees or interest charges required to be paid by the private school for not complying with any law or regulation.
PI 35.02(13)
(13) "Offsetting revenue" means revenues that reduce school expenditures used for per pupil cost computations.
PI 35.02(14)
(14) "Parent" means a pupil's parent or guardian.
PI 35.02(15m)
(15m) "Professional standards" means both of the following:
PI 35.02(15m)(a)
(a) Standards established by the accounting examining board under
ch. 442, Stats.
PI 35.02(15m)(b)
(b) Standards issued by the comptroller general of the United States for engagements where the use of generally accepted governmental auditing standards is required.
PI 35.02(17)
(17) "Reasonable fees" means the fee charged does not exceed the actual cost to the private school of the materials supplied to pupils or activities engaged in by pupils.
PI 35.02(17m)
(17m) "Related parties" has the meaning given in generally accepted auditing standards.
PI 35.02(18)
(18) "School district" means a school district operating under
ch. 119, Stats.
PI 35.02(20)
(20) "School year" means the period commencing with July 1 and ending with the next succeeding June 30.
PI 35.02(20m)
(20m) "Scope limitation" means the inability of the auditor to perform a procedure required by professional standards, contract or law.
PI 35.02(21)
(21) "Significant academic progress" means both of the following:
PI 35.02(21)(a)
(a) The pupil demonstrates improvement in reading and mathematics in comparison to his or her performance level in the previous school year.
PI 35.02(21)(b)
(b) The pupil demonstrates satisfactory performance on at least 50% of any new instructional concepts in reading and mathematics introduced during each of the current school year semesters, and the level of attainment is documented in a written record of performance at beginning, mid-point and ending of each semester.
PI 35.02(22)
(22) "Standardized achievement test" means a published, nationally normed test which provides a valid and reliable measure of a pupil's present achievement level in comparison with age or grade level cohorts.
PI 35.02(23)
(23) "State superintendent" means the state superintendent of public instruction.
PI 35.02 History
History: Cr.
Register, May, 1991, No. 425, eff. 6-1-91; r. (6) (b), renum. (6) (c) and (d) to be (6) (b) and (c),
Register, July, 1994, No. 463, eff. 8-1-94; correction in (6) (b) made under s. 13.93 (2m) (b) 6., Stats.,
Register, March, 1996, No. 483; cr. (12m),
Register, May, 1996, No. 485, eff. 6-1-96; emerg. r. (2), (6) and (8), renum. (1), (3), (4), (5), (7), (9), (10) to (13) and (14) to (17) to be (3), (5), (6), (7), (10), (13), (14) to (18) and (20) to (23), cr. (1), (2), (4), (8), (9), (11), (12) and (19), eff. 8-5-98; r. (2), (6) and (8), renum. (1), (3), (4), (5), (7), (9), (10) to (13) and (14) to (17) to be (3), (5), (6), (7), (10), (13), (14) to (18) and (20) to (23), cr. (1), (2), (4), (8), (9), (11), (12) and (19),
Register, February, 1999, No. 518, eff. 3-1-99; emerg. am. (8) and (11), eff. 1-4-00; am. (8) and (11),
Register, July, 2000, No. 535, eff. 8-1-00; emerg. am. (8), (11) and (16), renum. (12) to (14) to be (13) to (15), r. (5), cr. (12), eff. 1-28-02;
CR 02-023: am. (8) and (11) r. (15), renum. (12) to (14) to be (13) to (15) and (16) to be (2m) to be, cr. (12);
Register August 2002 No. 560, eff. 9-1-02;
CR 04-076: am. (2), cr. (1m), (5m), (6m), (7m), (8m), (9m), (9r), (10b), (10k), (10m), (12m), (15m), (17m) and (20m)
Register October 2005 No. 598, eff. 11-1-05;
EmR1021: emerg. cr. (1g), eff. 6-16-10;
CR 09-084: cr. (1g)
Register September 2010 No. 657, eff. 10-1-10.
PI 35.025
PI 35.025
Pupil assignment council requirements. The pupil assignment council created under s.
119.23 (8), Stats., shall meet annually by April 15 to designate a date by which all private schools in the choice program must have at least one open enrollment period for choice program applicants for the school year beginning the following September. The pupil assignment council shall also recommend to the state superintendent a method for ensuring that pupils will be accepted on a random basis.
PI 35.025 History
History: Emerg. cr. eff. 8-5-98; cr.
Register, February, 1999, No. 518, eff. 3-1-99; emerg. am. eff. 1-4-00; am.
Register, July, 2000, No. 535, eff. 8-1-00; emerg. am. eff. 1-28-02;
CR 02-023: am.
Register August 2002 No. 560, eff. 9-1-02.
PI 35.03
PI 35.03
Private school requirements. PI 35.03(1)
(1)
Notice of intent to participate. By February 1 each year a private school which intends to participate in the Milwaukee parental choice program the following school year shall submit to the state superintendent a notice of intent to participate. The notice of intent shall include all of the following:
PI 35.03(1)(a)
(a) The private school's method for ensuring that, except for continuing pupils in the choice program at that private school and their siblings, pupils will be accepted on a random selection basis from a new pool of applicants each school year. Waiting lists from previous school years may not be carried over and used from one year to the next.
PI 35.03(1)(b)
(b) The private school's agreement to adhere to the procedural requirements in
sub. (2).
PI 35.03(1)(c)
(c) The number of pupils participating in the choice program for which the private school has space.
PI 35.03 Note
Note: The Notice of School's Intent to Participate Form may be obtained at no charge from the Department of Public Instruction, Milwaukee Parental Choice Program, P.O. Box 7841, Madison, WI 53707-7841.
PI 35.03(1)(d)
(d) The open application periods during which the private school will accept Milwaukee parental choice program pupil applications.
PI 35.03(1m)
(1m) Nonrefundable auditor fee. By February 1, annually, a private school which intends to participate in the Milwaukee parental choice program in the following school year shall pay, in the form of a cashier's check, to the department the nonrefundable set fee under
s. PI 35.05 (4n).
PI 35.03(2)
(2) Procedural requirements. A private school that participates in the Milwaukee parental choice program shall do all of the following:
PI 35.03(2)(c)
(c) Pay all costs incurred in the administration, scoring and reporting of results of the academic achievement tests if used to meet the requirement under s.
119.23 (7) (a) 3., Stats.
PI 35.03(2)(d)
(d) Ensure that test security is maintained for all academic achievement tests administered under
par. (c).
PI 35.03(3)(a)(a) The administrator of a school in the Milwaukee parental choice program shall ensure that the school is meeting the requirements of s.
119.23 (2), Stats., regarding health and safety laws and codes for schools by filing with the department a copy of the private school's current certificate of occupancy issued by the city of Milwaukee. The administrator shall submit the certificate of occupancy under this subsection to the department no later than August 1 prior to the first school year of participation in the choice program, or by no later than May 1 if the school is beginning participation in the choice program with summer school. The administrator shall file subsequent certificates of occupancy as issued by the city of Milwaukee. An administrator that files a copy of a temporary certificate of occupancy issued by the city of Milwaukee will not meet the requirements of this subsection. A private school that fails to meet the requirements of this subsection may not participate in the choice program.
PI 35.03(3)(b)
(b) The administrator of a private school filing an initial notice of intent to participate in the Milwaukee parental choice program under
sub. (1) shall no later than May 1 prior to the first school year of participation in the program, or no later than March 1 if the private school is beginning participation in the program with summer school, submit to the department a copy of the validated application for a certificate of occupancy filed with the City of Milwaukee and a copy of the validated application to the City of Milwaukee board of zoning appeals, if applicable.
PI 35.03(5)(a)(a) A private school participating in the Milwaukee parental choice program shall submit a report to the department by October 15 each school year indicating the criteria to be used in meeting the continuing eligibility standards specified under s.
119.23 (7) (a), Stats.
PI 35.03(5)(b)
(b) A private school participating in the Milwaukee parental choice program shall submit a report to the department by June 30 each school year providing evidence that the school has in that school year met one of the following criteria:
PI 35.03(5)(b)1.
1. At least 70% of the pupils in the Milwaukee parental choice program at least advance one grade level each year. For pupils attending a Milwaukee parental choice program in grades 9 through 12, "advance one grade level" means a successful completion of at least 4 credits or the equivalent as approved by the state superintendent during each school year. For pupils attending a Milwaukee parental choice program in grades kindergarten through 8, each participating private school shall ensure that each pupil in the choice program who is advanced one grade level has met one of the following criteria:
PI 35.03(5)(b)1.a.
a. Achievement of 70% of the instructional objectives specific to each grade level in reading, mathematics and language arts which are introduced during each semester of the current school year. Under this subparagraph, a private school shall do all of the following: establish written objectives and performance standards for reading, mathematics and language arts for each grade level in which pupils are enrolled in the Milwaukee parental choice program; document written criteria and methodology for evaluating pupil performance for each objective and document each pupil's performance using the evaluation method specified in this subparagraph in a written record and maintain these records for 3 years.
PI 35.03(5)(b)1.b.
b. Achievement of at least .08 grade equivalent increase for each month between the spring or fall and spring administration of the standardized achievement test. Under this subparagraph, a private school shall do all of the following: report, by October 15, to the state superintendent the tests to be administered and the dates on which they will be administered, and maintain each pupil's answer sheets and score information for 3 years.
PI 35.03(5)(b)2.
2. The private school's average attendance rate for pupils in the Milwaukee parental choice program is at least 90%.
PI 35.03(5)(b)3.
3. At least 80% of the pupils in the Milwaukee parental choice program demonstrate significant academic progress.
PI 35.03(5)(b)4.
4. At least 70% of the families of pupils in the Milwaukee parental choice program meet parental involvement criteria established by the private school.
PI 35.03(6)(a)(a) A private school participating in the Milwaukee parental choice program may only charge pupils participating under the program fees that may be charged by public schools to indigent pupils. A private school under this subsection may charge reasonable fees for the following:
PI 35.03(6)(a)1.
1. Personal use items, such as towels, gym clothes, or uniforms.
PI 35.03(6)(a)2.
2. Social and extra-curricular activities if not necessary to the private school's curriculum.
PI 35.03(6)(b)
(b) A private school under this subsection may not charge fees for any of the following:
PI 35.03(6)(c)
(c) A private school may not prohibit an eligible pupil from attending the private school, expel or otherwise discipline the pupil, or withhold or reduce the pupil's grades because the pupil or the pupil's family cannot pay or has not paid fees charged under
par. (a).
PI 35.03 Note
Note: All pupils participating under the Milwaukee parental choice program are indigent by definition under s.
119.23 (2) (a) 1., Stats., since the program is targeted exclusively to low-income pupils whose total family income does not exceed an amount equal to 1.75 times the poverty level. One available remedy for collecting a valid nonpaid fee is small claims court.
PI 35.03(6)(d)
(d) A school may not impose any sanctions on a parent or pupil participating in the program for failure to engage in fund raising.
PI 35.03 History
History: Cr.
Register, May, 1991, No. 425, eff. 6-1-91; am. (1) (intro.) and (3) (b),
Register, July, 1994, No. 463, eff. 8-1-94; am. (1) (a), cr. (6),
Register, May, 1996, No. 485, eff. 6-1-96; emerg. am. (1) (a), r. and recr. (1) (c) and (2), r. (3) and (4), eff. 8-5-98; am. (1) (a), r. and recr. (1) (c) and (2), r. (3) and (4),
Register, February, 1999, No. 518, eff. 3-1-99; emerg. am. (1) (a) and (2) (e), cr. (3), renum. (5) (intro.) to be (5) (a) and am., eff. 1-4-00; am. (1) (a) and (2) (e), cr. (3), renum. (5) (intro.) to (d) to be (5) (a) and (b) and am.,
Register, July, 2000, No. 535, eff. 8-1-00; emerg. am. (1) (intro.), (c), (2) (intro.), (3), (5), (6) (a) (intro.), cr. (1) (d), eff. 1-28-02;
CR 02-023: am. (1) (intro.), (c), (2) (intro.), (3), (5), (6) (a) (intro.), cr. (1) (d);
Register August 2002 No. 560, eff. 9-1-02;
CR 04-076: renum. (3) to be (3) (a), cr. (3) (b)
Register October 2005 No. 598, eff. 11-1-05;
EmR0916: emerg. cr. (1m), eff. 1-1-09;
CR 09-074: cr. (1m)
Register May 2010 No. 653, eff. 6-1-10.
PI 35.04
PI 35.04
School year enrollment. PI 35.04(1)
(1) A private school that participates in the Milwaukee parental choice program shall accept pupils on a random basis in accordance with the method submitted under
s. PI 35.03 (1) (a) and approved under
s. PI 35.05 (5). A private school may give preference to siblings of pupils already enrolled in or accepted into the choice program at that private school.
PI 35.04(2)
(2) A private school under this section shall select which of the open application periods listed on the notice of intent to participate form during which it will accept Milwaukee parental choice program pupil applications. A private school may not amend, after February 1, the open application periods selected on its notice of intent to participate form for the following school year.
PI 35.04(3)
(3) A private school under this section may not accept pupil applications until the school has met both of the following:
PI 35.04(3)(a)
(a) The private school has submitted its notice of intent to participate form for the following school year to the department under
s. PI 35.03 (1).
PI 35.04(3)(b)
(b) The private school has received the department's approval under
s. PI 35.05 (5) of the school's plan for randomly selecting children into the program.
PI 35.04(4)(a)(a) A private school under this section shall notify each applicant and the applicant's parent or guardian of acceptance or nonacceptance, in writing, within 60 days after receiving the application. The private school shall retain copies of all notices given under this section and all original applications, both accepted and nonaccepted, submitted under this chapter. The private school shall submit, with the continuing eligibility report under
s. PI 35.03 (5) (b), the number of accepted and nonaccepted applications for the choice program for that school year. All corrections to applications shall be made by a single strike-through of the information to be corrected with the corrected information written in indelible ink next to the stricken item. Any correction made under this paragraph shall be initialed by the parent and the school administrator or his or her designee as required by the department. Any application not corrected as required by this paragraph shall be considered an ineligible application until a properly completed application is obtained and a copy that meets the requirements under this paragraph is provided to the department.
PI 35.04(4)(b)
(b) Upon notification of acceptance under
par. (a), the applicant may enroll in the private school. The applicant may not be simultaneously enrolled in and attending another private school, a home-based private educational program, a charter school under s.
118.40 (2r), Stats., or a public school district, in or out of Wisconsin.
PI 35.04(4m)
(4m) Annually, by August 1, a private school under this section shall submit to the department a copy of the accepted pupil applications it received from February through July. The private school shall ensure the submitted pupil applications are complete, accurate and signed by the parent or guardian and the school administrator or his or her designee as proof of enrollment required under s.
119.23 (4), Stats.
PI 35.04(5)
(5) Annually, by September 1, a private school under this section shall do all of the following:
PI 35.04(5)(a)
(a) Submit to the department a copy of the accepted applications it received during August. The private school shall ensure the submitted applications are complete, accurate and signed by the parent or guardian and the school administrator or his or her designee as proof of enrollment required under s.
119.23 (4), Stats.
PI 35.04(5)(b)
(b) Submit a class list of the choice program pupils, alphabetically by last name, and separated by grade level, that corresponds to the accepted applications submitted under
sub. (4m) and
par. (a).
PI 35.04(6)
(6) A private school under this section shall do all of the following:
PI 35.04(6)(a)
(a) Annually by October 1 and February 1, submit to the department a membership report of the total number of pupils enrolled in the private school and the number of pupils enrolled in the Milwaukee parental choice program on the 3rd Friday of September and the 2nd Friday of January of the current school year. The membership report form shall be provided by the department.
PI 35.04(6)(b)
(b) Submit to the department with the membership report under
par. (a), a class list of the choice program pupils, alphabetically by last name, and separated by grade level. The class list shall correspond to the membership report under
par. (a).
PI 35.04(6)(c)
(c) Submit to the department with the membership report under
par. (a), copies of any accepted applications for pupils included in the class list under
par. (b) that were not previously reported under
subs. (4m) and
(5) (a). The private school shall ensure that the applications submitted under this paragraph are complete, accurate and signed by the parent or guardian and the school administrator or his or her designee as proof of enrollment required under s.
119.23 (4), Stats.
