Section 119.23 (11) (a), Stats., requires the DPI to promulgate rules to implement and administer the Milwaukee Parental Choice Program. The 2013-15 budget, 2013 Wisconsin Act 20, made several modifications to the Milwaukee Parental Choice Program; the program was further modified by the 2015-17 budget, 2015 Wisconsin Act 55. The rule needs to be updated to reflect statutory changes and changes in practice. Anticipated costs incurred by private sector:
There is not expected to be a cost to the private sector.
Effect on small business:
The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1), Stats. Agency contact person: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(608) 267-9127
Place where comments are to be submitted and deadline for submission:
Comments should be submitted to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at Carl.Bryan@dpi.wi.gov. The department will publish a hearing notice in the Administrative Register that will provide information on the deadline for the submission of comments. ______________________________________________________________________________
SECTION 1. PI 35 is created to read:
MILWAUKEE PARENTAL CHOICE PROGRAM
PI 35.01 Purpose. Any qualified pupil in grades kindergarten to 12 who meets the requirements under s. 119.23 (2) (a), Stats., may attend any school participating in the Milwaukee parental choice program under s. 119.23, Stats. This chapter establishes approval criteria and requirements for schools participating in the choice program under s. 119.23, Stats., and requirements for receipt of state aid under s. 119.23 (4) and (4m), Stats. PI 35.02 Definitions. In this chapter:
(1) “Average attendance rate” means the rate obtained by dividing the aggregate number of full-time equivalent days of a pupil’s actual attendance by the aggregate number of full-time equivalent days the pupil was enrolled.
(2) “Choice administrator” means the person signing the notice of intent to participate form under s. PI 35.03 (3) or (4). (3) “Choice program” means the Milwaukee parental choice program.
(4) “Classroom records” means teacher-recorded test scores, teacher-originated report cards and progress reports, and teacher-originated attendance records.
(5) “Count date” means the third Friday in September and the second Friday in January except as provided under s. 121.05 (3m), Stats. (6) “Credit” means the credit given to pupils in grades 9 through 12 for successful completion of a school term of study in one course that meets daily for a normal class period or the equivalent established by the board or the governing body or entity of any school.
(7) “Department” means the Wisconsin department of public instruction.
(10) “Financially viable” or “financial viability” means the ability of the school to pay for goods and services, make debt service payments, and pay other obligations as they become due.
(11) “First time participant” means a school that meets one the following:
(a) The school did not participate in the private school choice programs in the preceding school year.
(b) The school participated in the private school choice programs in the preceding school year but voluntarily withdrew from participation during the preceding or current school year.
(c) The school participated in the private school choice programs in the preceding school year but was issued an order from the state superintendent terminating or barring the school’s participation in the program during the preceding or current school year.
(12) “4-year-old kindergarten outreach activities” means the direct services a school provides to 4-year-old kindergarten parents, legal guardians, and primary caregivers that has an educational component that fulfills the requirements of s. 121.004 (7) (cm), Stats. (13) “Generally accepted auditing standards” means the auditing standards prescribed by the accounting examining board under s. Accy 1.202. (14) “Grade equivalent” means the scaled score that corresponds to a pupil’s raw score on a standardized achievement test, as determined by the test’s publisher.
(15) “Milwaukee parental choice program” means the program established under s. 119.23, Stats., for pupils residing in the city of Milwaukee. (16) “New private school” has the meaning given in s. 119.23 (1) (ai), Stats. (17) “Official attendance records” means a listing of all kindergarten through grade 12 pupils enrolled in the school by grade level from the student information system required under s. 115.383 (3) (b), Stats. (18) “Parent” means a parent listed on the application who is the pupil’s biological parent, legal guardian, parent by adoption or step-parent who resides in the same household as the pupil applicant. A parent on military duty is considered to be residing in the household.
(19) “Private school choice programs” means the programs established under ss. 118.60 and 119.23, Stats. (20) “Professional standards” means both of the following:
(a) Standards established by the accounting examining board under ch. 442, Stats. (b) Standards issued by the comptroller general of the United States for engagements in which the use of generally accepted governmental auditing standards is required.
(21) “Reserve” means the difference between the revenue received under ss. 119.23 and 118.60, Stats., and the amount of net eligible education expenses for private school choice program pupils. (22) “School term” has the meaning given in s. 115.001 (12), Stats. (23) “School year” has the meaning given in s. 115.001 (13), Stats. (24) “Significant academic progress” means a pupil demonstrates the following:
(a) Improvement in reading and mathematics in comparison to the pupil’s performance level in the previous school year.
(b) Satisfactory performance on at least 50% of any new instructional concepts in reading and mathematics the school introduced during each of the current school year semesters, and the level of attainment is documented in a written record of performance at the beginning, mid-point and end of each semester.
(25) “Standardized achievement test” means a published, nationally normed test that provides a valid and reliable measure of a pupil’s present achievement level in comparison with age or grade level cohorts.
(26) “State superintendent” means the state superintendent of public instruction.
(27) “Wisconsin parental choice program” means the program established under s. 118.60 Stats., for pupils who reside in Wisconsin but do not reside in the Racine Unified School District or in the city of Milwaukee.
PI 35.03 School requirements.
(1) PRIVATE SCHOOL. A school participating in the choice program shall be a private school as defined in s. 118.165, Stats. (2) CHOICE ADMINISTRATOR. The Choice administrator shall be one of the following:
(a) An owner of the school.
(b) An individual appointed as the school’s choice administrator by the governing body of the organization operating the school.
(3) NOTICE OF INTENT TO PARTICIPATE. Annually by January 10, a school that intends to participate in the private school choice programs in the following school year shall submit to the department a notice of intent to participate. The notice shall include all of the following:
(a) The school’s plan for ensuring it will select pupils on a random basis as required under s. 119.23 (3) (a), Stats., from a new pool of applicants each school year. The school’s plan shall be one of the following: 1. The plan provided by the department.
2. The plan provided by the school and approved by the state superintendent. If the school makes a change to the random selection plan in a subsequent school year, the school shall submit, with the school’s notice of intent to participate, the revised plan to the state superintendent for approval.
3. The number of spaces the school has available for pupils participating in each private school choice program in which the school participates.
(b) The open application periods during which the school will accept private school choice program pupil applications. After January 10, a school may not amend the open application periods it selects.
(c) The name and location of the accredited institution of higher education from which the choice administrator received at least a bachelor’s degree and the date the degree was received, the number of the choice administrator’s teaching or administrator license issued by the department, or an indication that the administrator is excluded from the requirement under s. 119.23 (2) (c) 2., Stats. (d) The signature and mailing address of the choice administrator.
(4) NEW PRIVATE SCHOOLS NOTICE OF INTENT TO PARTICIPATE. A new private school shall submit to the department a new private school’s notice of intent to participate no later than August 1 of the school year immediately preceding the school year that the school intends to participate in the private school choice programs. The notice shall include all of the following:
(a) The mailing address of the choice administrator of the school, if the school does not have a physical property where the school plans to operate.
(b) The name and location of the accredited institution of higher education from which the choice administrator received at least a bachelor’s degree and the date the degree was received, the number of the choice administrator’s teaching or administrator license issued by the department, or an indication that the administrator is excluded from the requirement under s. 119.23 (2) (c) 2., Stats. (c) The signature and mailing address of the choice administrator.
Note: The Notice of School’s Intent to Participate forms may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs. (5) CONTINUING ELIGIBILITY.
(a) Annually by August 1 of the school year immediately preceding the school year in which the school intends to participate, a new private school shall submit a statement to the department in the manner prescribed by the department stating which standard under s. 119.23 (7) (a), Stats., the school intends to meet. (b) Annually by October 15, a school participating in the choice program shall submit a report to the department for each choice program in which it participates that states which of the following standards the school intends to meet and the criteria the school will use to meet the continuing eligibility standards specified under s. 119.23 (7) (a), Stats.,: 1. At least 70% of the choice program pupils attending the school advance one grade level each school year. In this subdivision, "advance one grade level" means successful completion of at least four credits or the equivalent as approved by the state superintendent during each school year. For pupils in grades kindergarten through 8, the participating school shall ensure each pupil who has advanced one grade level has met one of the following criteria:
a. Achievement of 70% of the instructional objectives specific to each grade level in reading, mathematics and language arts that are introduced during each semester of the current school year. A school using this criterion shall do all of the following: establish written objectives and performance standards for reading, mathematics and language arts for each grade level in which choice program pupils are enrolled; 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 5 years.
b. Achievement of at least .08 grade equivalent increase for each month between the spring or fall and the spring administration of the standardized achievement test. A school using this criterion shall do all of the following: report, by October 15, to the department 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 5 years.
2. The school’s average attendance rate for choice program pupils is at least 90%. The school shall use the official attendance records to determine attendance.
