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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)(a) (a) Submit to the department by June 30 each school year information demonstrating compliance with s. 119.23 (7) (a), Stats.
PI 35.03(2)(b) (b) Appoint a representative to the pupil assignment council under s. 119.23 (8), Stats.
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(2)(e) (e) Meet all of the requirements specified under ss. PI 35.03, 35.04, 35.043, 35.045 and 35.046.
PI 35.03(3) (3)Health and safety requirements.
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) (5)Continuing eligibility.
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) (6)Fees.
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)(b)1. 1. Instruction, registration or tuition.
PI 35.03(6)(b)2. 2. Books.
PI 35.03(6)(b)3. 3. Teacher salary.
PI 35.03(6)(b)4. 4. Buildings, maintenance or equipment.
PI 35.03(6)(b)5. 5. Courses credited for graduation.
PI 35.03(6)(b)6. 6. Computers or microfilm readers.
PI 35.03(6)(b)7. 7. Transportation required under s. 121.54 (8), Stats.
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.
PI 35.04(7)(a)(a) A private school may include a pupil on its membership report under sub. (6) (a) only if one of the following occurs:
PI 35.04(7)(a)1. 1. The pupil is in attendance for instruction on the date specified.
PI 35.04(7)(a)2. 2. The pupil is absent on the date specified but has attended for instruction at least one day during the school term prior to the date specified and attends for instruction at least one day after the date specified and has not enrolled in 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, during the period of absence.
PI 35.04(7)(b) (b) If a pupil who is eligible to be included in the official enrollment under par. (a) 2. returns following the filing of the membership report, an amended report shall be filed with the department.
PI 35.04 Note Note: The pupil count report 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 35.04(8) (8) A private school under this section shall return to the department any checks received under s. 119.23 (4), Stats., for pupils that did not meet the requirements under sub. (7) (a) or that are not cashed within 45 days of their receipt at the school.
PI 35.04(9)(a)(a) A private school shall engage the auditor providing the opinion statement required under s. PI 35.046 (1) (a), or another auditor, to separately audit the private school's current enrollments as reported under sub. (6). The auditor's report shall identify ineligible pupils for whom the private school has received payment, the amount of payment received for each such pupil, and additional eligible pupils qualifying the private school for a payment. The separate enrollment audits required under this subsection shall be provided to the department by December 15 following the third Friday in September enrollment, and by September 1 following the second Friday in January enrollment.
PI 35.04(9)(b) (b) The private school shall provide the auditor with a listing of all kindergarten through grade 12 pupils enrolled in the school by grade level and original classroom records the auditor requires to audit enrollment under this subsection. The listing provided under this paragraph shall identify pupils participating in the choice program.
PI 35.04(9)(c) (c) The auditor engaged for an enrollment audit under this subsection shall develop a written audit program identifying the steps and procedures followed in conducting the audit. The audit program shall be made in accordance with professional standards and include all the procedures specified in this subsection and such other procedures as the auditor considers necessary to fulfill professional responsibilities. The auditor shall retain working papers relating to audits under this subsection for at least 3 years from the date of the department's certification of the financial audit report under s. PI 35.045 (1) (g) 3. unless requested to retain the working papers longer by the department or a law enforcement agency.
PI 35.04(9)(d) (d) The auditor shall perform all the following and other procedures agreed upon by the auditor and the department in auditing the private school's enrollment:
PI 35.04(9)(d)1. 1. Verify totals used to compile reported enrollment and tracing totals to original classroom records.
PI 35.04(9)(d)2. 2. Reconcile the enrollment the private school reported to the department under s. 115.30 (3), Stats., with the pupil listing provided by the private school under par. (b). If necessary, the private school shall amend the filed report under s. 115.30 (3), Stats., to correctly report enrollment.
PI 35.04(9)(d)3. 3. Verify enrollment reported on the membership report under sub. (6) for all choice program pupils against the private school's official attendance records.
PI 35.04(9)(d)4. 4. Determine that the private school has an original application as required by sub. (4) for all pupils identified as participating in the choice program. Any pupil for whom an application cannot be provided or contains a correction not complying with the requirements of sub. (4) shall be considered an ineligible pupil and disclosed in the auditor's report required under par. (a).
PI 35.04(9)(d)5. 5. Verify that all choice program pupils included on the private school's official enrollment records against original classroom records and determine that they meet the requirements of sub. (7).
PI 35.04(9)(d)6. 6. Select a sample of at least 60 other pupils identified as not participating in the choice program from original classroom records and determine that selected pupils were included in reported membership enrollments under sub. (6). The sample shall include records from each classroom. If an exception is identified, the auditor shall extend the sample test in increments of 60 records until no additional exceptions are found or all classroom records have been verified as properly included in reported enrollments. If the school has an enrollment of fewer than 60 pupils, records for all pupils shall be examined.
PI 35.04(9)(d)7. 7. If the private school is reporting pupils enrolled in a 4-year-old kindergarten program as permitted by s. 121.004 (7) (cm), Stats., verify that the 4-year-old kindergarten program included at least 87.5 hours of outreach activities as documented by teacher logs.
PI 35.04(9)(d)8. 8. Reconcile tuition revenues and tuition waiver pupils against listings of pupils identified as not participating in the choice program.
PI 35.04(9)(d)9. 9. If the private school has operated a summer school program, the auditor, as part of the third Friday in September enrollment audit, shall review for clerical accuracy, documentation maintained by the school supporting summer school membership reports filed with the department.
PI 35.04(9)(e) (e) Failure of the private school to provide original classroom records as required under this subsection shall be considered a scope limitation and the auditor engaged to provide the enrollment audit under this subsection or the opinion statement required under s. PI 35.046 (1) (a) shall disclaim an expression of an opinion regarding the eligibility of the pupils for whom classroom records are not available. Pupils for whom the auditor has disclaimed an expression are not eligible for payment under s. PI 35.05 (3).
PI 35.04(9)(f) (f) Upon review of the September enrollment audit, the department shall certify an amount due from the private school for payments made to the school for ineligible pupils or additional payments due the school for qualifying pupils. The private school shall refund to the department the amount certified as due the department within 60 days of notification. The department shall make additional payments due the school for qualifying pupils within 60 days of notification.
PI 35.04(9)(g) (g) The private school shall retain all pupil records required for audits under this subsection for at least 3 years from the date of the department's certification of the financial information report under s. PI 35.045 (1) (g) 3. unless requested to retain the records longer by the department or a law enforcement agency. The private school shall provide the department access to original records referenced in the auditor's working papers and provide copies as requested by the department.
PI 35.04 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91; emerg. r. and recr. eff. 8-5-98; r. and recr. Register, February, 1999, No. 518, eff. 3-1-99; emerg. am. (1), renum. (2) to (5) to be (4) to (7) and am. (4), (5) (intro.), (a) and (6) (c), cr. (2) (3) and (8), eff. 1-4-00; am. (1), renum. (2) to (5) to be (4) to (7) and am. (4), (5) (intro.), (a) and (6) (c), cr. (2), (3) and (8), Register, July, 2000, No. 535, eff. 8-1-00; corrections in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; emerg. am. (1), (2), (5) (a) and (b), (6) (a) to (c), (7) (a) 2. and (8), eff. 1-28-02; CR 02-023: am. (1), (2), (5) (a) and (b), (6) (a) to (c), (7) (a) 2., and (8), cr. (4m); Register August 2002 No. 560, eff. 9-1-02; emerg. am. (2) and (6) (c), eff. 8-1-05; emerg. am. (2) and (6) (c), eff. 8-9-05; CR 04-076: am. (4) and (7) (a) 2., cr. (9) Register October 2005 No. 598, eff. 11-1-05.
PI 35.043 PI 35.043 Summer school enrollment and payment.
PI 35.043(1)(1) In this section:
PI 35.043(1)(a) (a) "Academic purposes" means summer school learning experiences that are related or similar to instruction that is offered during the rest of the school year or for which credit toward graduation is given.
PI 35.043(1)(b) (b) "Enrollment" or "pupils enrolled" in summer school means the sum of the first day of attendance, last day of attendance and the days in between the pupil was either in attendance or had an excused absence but was still enrolled in the program.
PI 35.043(1)(c) (c) "Membership" for summer school payments means the school's total minutes of enrollment of eligible choice program pupils in academic summer classes or laboratory periods necessary for academic purposes.
PI 35.043(2) (2) A private school under this chapter may count pupils for aid membership that are enrolled in those academic summer classes or laboratory periods that are necessary for academic purposes as defined under sub. (1) (a). A private school counting pupils for aid membership under this section, shall annually, by no later than October 15 following summer school, submit to the department a summer school membership report listing the choice program pupils that were enrolled in summer school and the daily minutes each of those pupils were enrolled. The department shall provide the membership form.
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