CR 19-121 Rule Text

PROPOSED ORDER OF THE

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

AMENDING PERMANENT RULES

The scope statement for this rule, SS 041-18, was published in Register No. 748A1, on April 2, 2018, and approved by State Superintendent Tony Evers on April 27, 2018.

The State Superintendent of Public Instruction hereby proposes to repeal s. PI 48.02 (2) and (14), 48.03 (4), (5) (a) 1., 2., (b) 1., 2., and (7) (c), 48.04 (1) (d), 48.06 (6) (b) 2. a. and b., 48.07 (3) (e), (h), (4) (b) 1., and 2., 48.08 (3) (b), (4) (a), (b), and (5) (Note), 48.10 (1) (e) 4., 48.13 (10), 48.14 (2), and 48.16 (6) and (7); to renumber s. PI 48.08 (3) (a) 1. and 3., and 48.14 (1) to (c); to renumber and amend s. PI 48.03 (5) (a) (intro.), (b) (intro.), (7) (b), (d), and (e), 48.06 (6) (b) 2. (intro.) and 4., 48.07 (4) (b) (intro.), 48.08 (3) (a) (intro.), 2., (4) (intro.), 48.10 (1) (b), (3) (a) 3., and (5) (a), 48.13 (4) (1), and 48.14 (1) (intro.); to amend s. PI 48.02 (10), (12) (a), (b) (intro.), and (15), 48.03 (3), (a) 1. b., 4., (b), (5) (b) (Note), (6) (intro.), (a) (intro.), 3., 4., (b), (c), (7) (a), and (8) (a), 48.04 (1) (c), (e), (2) (f), and (3), 48.05 (1) (a), (4) (a), (b) 2., (8) (a), and (c) (intro.), 48.06 (1) (a), (5), (7) (intro.), (b), (8) (intro.), (a) 1., and (b) 1., 48.07 (1) (intro.), (a), (b), (2), (3) (d) 2., (f), (k), (L), (n), and (4) (a), 48.08 (1), (2), and (5), 48.10 (1) (e) 1., (2), (3) (a) 1., 2., 4., (b) 1., (c) 1., (d) (intro.), 1., 4., and (6), 48.12 (5), 48.13 (2) (intro.), (b) (intro.), (4) (a), (8) (title), (9), (12), and (14) (b), 48.15 (1) (intro.), (a), (b), (f), (g), (h), (6) (title), (c), (d) 6., and (e), 48.16 (1) (d), 48.17 (1) and (2), 48.18 (intro.) and (1), and 49.19 (1) to (4); to repeal and recreate s. PI 48.09 (1); and to create s. PI 48.02 (14m), (22g), and (22r), 48.03 (3) (a) 2m., (7) (b) 1., (f), (9), and (10), 48.04 (1) (f) 6m. and (2) (bm), 48.06 (6) (b) 2m., 4. a., b., and (8) (a) 4., 48.07 (3) (r), 48.08 (6), 48.09 (3) to (5), 48.10 (1) (b) 1., 2., (e) 4m., (3) (a) 3. a., b., (c) 4., (5) (a) 1. to 3., and (b), 48.13 (2) (a) 7., (4) (c) 1. to 3., and (10m), 48.14 (1g), (3) (intro.), (a) 6m., and (4) to (11), and 48.19 (5), relating to changes to rules governing the Parental Choice Programs as a result of 2017 Wisconsin Acts 36 and 59 and other changes.

ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: s. 118.60, Stats.

Statutory authority: s. 118.60 (11) (a), Stats.

Explanation of agency authority:

The Department must promulgate rules to implement and administer the Racine and Wisconsin parental choice programs, pursuant to s. 118.60 (11) (a), Stats.

Related statute or rule: ss. 115.7915 and 119.23, Stats., and ch. PI 35 and 49

Plain language analysis:

2017 Wisconsin Acts 36 and 59 made several changes to the statutes governing the state’s parental choice programs, which include the Racine and Wisconsin parental choice programs. The Department is required by statute to promulgate rules in order to administer each program. Unless these modifications are in place, the Department may be prevented from efficiently implementing and administering the programs and schools and applicants may not have clear guidance on program requirements. The promulgation of emergency rules will help ensure implementation of each program remains consistent through the completion of the permanent rule making process. Key aspects of the rule include the following:

- Specifies the requirements for the modified financial audit and the standard financial audit.

- Specifies the background check requirements, including how the background check must be completed.

- Modifies certain due dates so the dates will not fall on a weekend.

- Specifies that the budgets required for the program must include the anticipated beginning and ending reserve balance.

- Clarifies that the financial audit used to ensure schools meet choice program financial requirements includes the financial audit under s. 115.7915, Stats. Also specifies the non financial viability indicators include the school having a net loss or negative change in net assets in the financial audit or the budget and cash flow.

- Modifies the full time equivalent determination so that it is based on the required number of hours for first grade pupils in the private school rather than first grade pupils in the public school district.

-Removes the requirement to use original classroom records when completing the procedures for choice program pupils for the enrollment audit. The procedures ensure the submitted pupil counts are accurate by comparing the school submitted pupil count reports to the official attendance records.

- Specifies that the identification of choice program pupils may be in a different report than the official attendance records.

- Removes summer school provisions already included in statute and modifies course eligibility provisions for summer school.

- Clarifies the requirements for including fixed assets in the financial audit.

- Specifies that leased right of use assets, which will be required in financial audits due to a change in generally accepted accounting principles, are not included in the required cash and investment balance calculation.

- Specifies how net eligible education expenses are calculated if the school is not eligible for all choice program payments.

- Specifies what is considered a management letter.

- Clarifies the school’s responsibility for the financial requirements.

- Specifies the impact of the statement of actual cost on the reserve balance schedule calculations.

- Specifies the requirements for the governing body agreements.

- Modifies the hours of instruction requirement for continuing schools.

- Removes continuing eligibility requirements since they were removed from s. 118.60, Stats..

- Clarifies which schools are new private schools.

- Modifies the disclosure of information requirement based on changes in s. 118.60, Stats.

Specifies the requirements for a school to indicate it would like an all student accountability report card.

- Modifies the auditor fee payment to allow for the amount to be paid using another guaranteed manner permitted by the department.

- Modifies the continuing pupil definition and who can complete a department of revenue income determination so that the requirements are consistent with changes in s. 118.60, Stats.

- Specifies the pupil count reports must include the waiting list pupils for the Racine parental choice program.

- Specifies that the Choice waiting lists and waiting list applications must be audited by the independent auditor as part of the enrollment audit.

- Clarifies that the preliminary enrollment report may not include a pupil that has withdrawn from the school.

- Clarifies the employee compensation documentation requirements, including specifying the requirements when schools notify employees of changes in compensation.

- Removes the requirement for the risk management and insurance evaluation requirement. All schools participating in the program are required to have a minimum amount of insurance unless a different amount is recommended by a risk or insurance consultant.

- Removes the requirements and audit procedures for teacher waivers since they are no longer permitted under s. 118.60, Stats.

- Specifies the surety bond requirements for schools that are new to the program.

- Specifies that schools new to the program must provide evidence that the school has the required insurance and fidelity bond.

- Revised the Wisconsin income limit to match the revised income limit in s. 118.60, Stats.

Summary of, and comparison with, existing or proposed federal regulations: N/A