Wisconsin Legislature: 002 - CR 16-005 Rule Text

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

Carl.Bryan@dpi.wi.gov

(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.

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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:

(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.

(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.

(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.

(11) "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.

(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.

(14) “School term” has the meaning given in s. 115.001 (12), Stats.

(15) “School year” has the meaning given in s. 115.001 (13), Stats.

(16) “Special needs scholarship program administrator" means the person signing the notice of intent to participate form under s. PI 49.03 (3).

(17) “Special needs scholarship program” means the program established under s. 115.7915, Stats.

(18) “State superintendent” means the state superintendent of public instruction.

PI 49.03 School requirements.

(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.

(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)

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:

(a)

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.

(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/.

(4) BACKGROUND CHECKS. The school shall conduct a criminal background check prior to employing any individual at the school. The school shall conduct the criminal background check for all employees, including contracted individuals. The school may not employ any of the following individuals:

(a) Individuals who have engaged in immoral conduct as defined under s. 115.31 (1) (c), Stats.

(b) Individuals who are not eligible for a teaching license under s. 118.19 (4), Stats.

(5) CERTIFICATE OF OCCUPANCY.

(a) By May 1 prior to the first year a school participates in the special needs scholarship program, a school shall submit one of the following to the department for each of the locations of the school:

1. A certificate of occupancy issued by the municipality within which the building is located.

2. If the municipality within which the building is located does not issue certificates of occupancy, a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy.

3. A letter or form from the municipality within which the building is located that explains that the municipality does not issue certificates of occupancy.

(b) If a school moves to a new location or adds a new location, the school shall submit to the department one of the following before pupils attend the new location:

1. A certificate of occupancy issued by the municipality within which the building is located.

3. A letter or form from the municipality within which the building is located that explains that the municipality does not issue certificates of occupancy.

(c)

A temporary certificate of occupancy does not meet the requirement of this subsection.

(6) Accreditation Requirements. Annually by August 1, a school participating in the special needs scholarship program shall provide to the department a letter from the school’s accrediting agency stating that the school is accredited as of the date of the letter. The letter shall meet all of the following requirements:

(a) The letter shall include the following information:

1. The school’s name.

2. The school’s address for each location included in the accreditation.

3. The grades accredited.

4. A statement that the school is accredited as of the date of the letter.

(b) The letter shall be dated no earlier than the beginning of the school year.

PI 49.04 Financial information and surety bond.

(1)

BOND REQUIREMENTS. The department shall calculate the amount of scholarships expected to be received by each school based on the number of pupils included in a school’s notice of intent to participate submitted under s. PI 49.03 (3). If a school expects to receive at least $50,000 in scholarships, the school shall do one of the following:

(a) Annually by June 1 prior to the school year, provide a bond payable to the state of Wisconsin equal to 25 percent of the total amount of scholarships expected to be received by the school during the school year.

(b) Annually by March 1 prior to the school year, submit financial information to the department that demonstrates that the school has the ability to pay an amount equal to the total amount of scholarships expected to be received by the school during the school year, including all of the following:

1. A budget and cash flow report, on a form provided by the department, for the ensuing school year that contains all of the following:

a. Anticipated enrollments for all pupils enrolled in the school.

b. Anticipated enrollments for special needs scholarship program pupils.