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 adminrules@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 36.08 (3) (a), (b) (intro.), and (c) 1. are amended to read:
PI 36.08 (3) (a) The open enrollment paymentpayments under s. 118.51 (16) and (17) (b) and (bm), Stats., appliesapply to each pupil who attends a nonresident school district under the full-time open enrollment program. (b) If the pupil attended the nonresident school district for less than a full school year under the full-time open enrollment program, the amount under s. 118.51 (16) or (17) (b) and (bm), Stats., shall be equal to the open enrollment payment divided by 180 and multiplied by the number of days the pupil was enrolled in the nonresident school district in the school year. The days of enrollment are calculated as follows: (c) 1. The amount under s. 118.51 (17) (b) or (bm), Stats., divided by 180 and multiplied by the number of days the pupil was receiving special education services in the nonresident district. SECTION 2. PI 36.08 (3m) is created to read:
PI 36.08 (3m) Nonresident school district Financial Statement of actual cost — special education or related services.
(a) Starting the first weekday in August and no later than the last weekday in September, the nonresident school board may submit to the department, in the online open enrollment system or other manner provided by the department, a financial statement under s. 118.51 (12) (a), Stats., that shows the actual cost the nonresident school board incurred to provide a free appropriate public education to the child during that school year. The statement of actual costs shall calculate the actual cost for the child as the cost for the child under par. (b) less any costs reimbursed under s. 115.88, 115.93 or 118.255, Stats., 20 USC 1400 et. seq, or federal medicaid. (b) The financial statement of actual cost may only include actual costs that would not otherwise exist for the nonresident school district but for the need to provide a free appropriate public education to the child during that school year.
(c) No later than the second Monday in October, the nonresident school board may withdraw a financial statement of actual cost submitted under par. (a).
(d) Only the nonresident school board that submitted the financial statement of actual cost under par. (a) may receive the per pupil payment based on the actual cost in the statement in the subsequent school year under sub. (3).
(e) A nonresident school board that submits and does not withdraw a financial statement of actual cost will not receive the transfer amount under s. 118.51 (17) (b), Stats., for a student with a disability. SECTION 3. STATEMENT OF EMERGENCY
The Department of Public Instruction finds an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
The financial statement is to be made available to nonresident districts at the end of the 2018-19 school year, in order to impact open enrollment transfer payments for the 2019-20 school year. Thus, the Department requires an emergency rule to comply with this timeline.
SECTION 4. EFFECTIVE DATE:
The rules contained in this order shall take effect upon publication as emergency rules pursuant to the authority granted by s. 227.24, Stats. Dated this _____ day of ____________, 2019
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Carolyn Stanford Taylor
State Superintendent
