STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
CREATING PERMANENT RULES
The scope statement for this rule, SS 081-15, was published in Register No. 716B, on August 31, 2015, and approved by State Superintendent Tony Evers, on September 15, 2015. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule. Coyne v. Walker, 2015 WI App 21, 361 Wis.2d 255. The state superintendent of public instruction hereby proposes to create PI 49, relating to the Special Needs Scholarship Program.
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ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: s. 115.7915, Stats. Explanation of agency authority:
Under s. 115.7915 (10), Stats., the department is required to promulgate rules to implement and administer the Special Needs Scholarship program, including rules relating to: (a) eligibility and participation of eligible schools; (b) calculation and distribution of scholarships; and (c) application and approval procedures for students and eligible schools. Related statute or rule: N/A
Plain language analysis:
2015 Wisconsin Act 55 created the Special Needs Scholarship Program. The effective date of the program is the 2016-17 school year. Section 115.7195 (10), Stats., requires the department to promulgate administrative rules related to student and school application processes. This proposed rule creates procedures for administering the special needs scholarship program, including procedures related to the eligibility and participation of schools, the calculation and distribution of state aid paid for special needs scholarships, and the application procedures for students and private schools. Summary of, and comparison with, existing or proposed federal regulations: N/A
Comparison with rules in adjacent states: N/A
Summary of factual data and analytical methodologies:
The proposed rule is needed to implement the Special Needs Scholarship Program provided under s. 115.7915, Stats., that was created by the 2015-17 budget, 2015 Wisconsin Act 55. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A
Anticipated costs incurred by private sector: N/A
Effect on small business:
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), 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 which will provide information on the deadline for the submission of comments. _____________________________________________________________________________________
SECTION 1. PI 49 is created to read:
PI 49.01 Purpose. Any qualified pupil in grades kindergarten to 12 who meets the requirements under s. 115.7915, Stats., may attend any school participating in the special needs scholarship program under s. 115.7915, Stats. This chapter establishes eligibility and participation requirements for schools participating in the special needs scholarship program under s. 115.7915, Stats., the calculation and distribution of scholarships under s. 115.7915 (4m), Stats., and the application and approval procedures for pupils and eligible schools under s. 115.7915, Stats. PI 49.02 Definitions. In this chapter:
PI 35.02(5m)(1) “Classroom records” means teacher-recorded test scores, teacher-originated report cards and progress reports, and teacher-originated attendance records. (2) “Count date” means the third Friday in September and the second Friday in January except as provided under s. 121.05 (3m), Stats. PI 35.02(7)(3) “Department” means the Wisconsin department of public instruction. (4) “Full scholarship pupil” means a pupil who was determined to meet the application requirements of s. 115.7915, Stats., and this chapter, and is eligible for a payment under s. 115.7915 (4m) (a), Stats. (5) “Eligible education expenses” means all direct and indirect costs associated with a private school’s educational programming for pupils enrolled in grades kindergarten to 12.
(6) “Financial audit” means the audit of a school required under s. 115.7915 (6) (e), Stats. PI 35.02(9m)(7) “Generally accepted auditing standards” means the auditing standards prescribed by the accounting examining board under s. Accy 1.202. (8) “Official attendance records” means a listing of all kindergarten through grade 12 pupils enrolled in the school by grade level.
(9) “Parent” has the meaning given in s. 115.76 (12), Stats. (10) “Partial scholarship pupil” means a pupil who was determined to meet the application requirements of s. 115.7915, Stats., and this chapter, and is eligible for a payment under s. 115.7915 (4m) (e), Stats. PI 35.02(15m)(11) "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 in which the use of generally accepted governmental auditing standards is required. (12) “Reserve” means the difference between the revenue received under s. 115.7915, Stats., and the amount of net eligible education expenses for special needs scholarship program pupils. (13) “Scholarship” means a payment under s. 115.7915 (4m), Stats. PI 35.02(1m)(16) “Special needs scholarship program administrator" means the person signing the notice of intent to participate form under s. PI 49.03 (3). PI 35.02(5)(17) “Special needs scholarship program” means the program established under s. 115.7915, Stats. PI 35.02(23)(18) “State superintendent” means the state superintendent of public instruction. (1) PRIVATE SCHOOL. A school participating in the special needs scholarship program shall be a private school as defined in s. 115.001 (3r), Stats. PI 35.03(1)(2) SPECIAL NEEDS SCHOLARSHIP PROGRAM ADMINISTRATOR. The special needs scholarship program administrator shall be one of the following: (a)
An owner of the school.(b)
PI 35.02(1m)(b)An individual appointed as the school’s special needs scholarship program administrator by the governing body of the organization operating the school. (3) NOTICE OF INTENT TO PARTICIPATE. Annually by March 1, a school that intends to participate in the special needs scholarship program in the following school year shall submit to the department a notice of intent to participate. The notice shall include all of the following:
PI 35.03(1)(b)The number of spaces the school has available for new applicants to the program.
(b) The number of full scholarship pupils and partial scholarship pupils that will continue to participate in the special needs scholarship program. The school shall include all special needs scholarship program pupils on the 2nd Friday in January count report submitted under s. PI 49.06 (5) unless the school has received written correspondence from the parent withdrawing the pupil from the special needs scholarship program. The school may only identify a pupil as a partial scholarship pupil if the pupil’s individualized education program team has determined that the pupil is no longer a child with a disability as specified under s. 115.7915 (4m) (e) 1., Stats., prior to the date the school submits its notice of intent to participate to the department. (c) The school’s special education program profile required under s. 115.7915 (6) (g), Stats. (d) The signature and mailing address of the special needs scholarship program administrator.
(e) The school’s agreement that it will use the plan established by the department for ensuring that it will select pupils on a random basis as required under s. 115.7915 (3) (b), Stats., from a new pool of applicants each school year. The school may give preference to siblings of pupils who are attending the school at the time the pupil applies. Note: The notice of intent to participate and special education program profile may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://sms.dpi.wi.gov/.
