Wisconsin Department of Public Instruction STATEMENT OF SCOPE FOR ADMINISTRATIVE RULES | LEGISLATIVE POLICY & OUTREACH TEAM ATTN: CARL BRYAN 266-3275 or adminrules@dpi.wi.gov |
GENERAL INFORMATION |
Rule No. PI 35, 48, and 49 | Relating to Full-time equivalent determination for 4-year-old kindergarten students participating in the Private School Choice Programs and Special Needs Scholarship Program | Rule Type Permanent and Emergency |
SIGNATURE |
State Superintendent Review ☐ Approved. Begin Drafting Rule ☐ Disapproved. Reason for Disapproval | State Superintendent Signature Ø | Date Signed Mo./Day/Yr. |
NARRATIVE |
1. Finding/nature of the emergency (Emergency Rule only). 2025 Wisconsin Act 15 updated s. 121.004 (7) (cm), Wis. Stats. With these changes, pupils enrolled in a 4-year-old kindergarten program (4K) in a school district that provides at least 437 hours of instruction are counted as a 0.6 full-time equivalent (FTE). Prior to 2025 Wisconsin Act 15, students in a school district 4K program were counted as a one-half FTE, unless the school also provided at least 87.5 additional hours of outreach activities. If outreach activities were provided in addition to the 437 hours of instruction, the students were counted as a 0.6 FTE. Prior to the recent law changes, the FTE determinations for 4K students participating in the Private School Choice Programs (PSCP) and the Special Needs Scholarship Program (SNSP) mirrored the public school district. Further, ss. PI 35.02 (1), PI 48.02 (1), and PI 49.02 (1) indicate the educational component for the outreach activities must fulfill the requirements under s. 121.004 (7) (cm), Wis. Stats. The outreach activity requirements have been removed from s. 121.004 (7) (cm), Wis. Stats. An administrative rule change is needed to revise the PSCP and SNSP 4K FTE so that the 4K FTE for the PSCP and SNSP again mirrors the public school district FTE determinations. An emergency rule is required for the following reasons: Under ss. 115.7915 (4m) (b), 118.60 (4) (c), and 119.23 (4) (c), Wis. Stats., the PSCP and SNSP payments for the 2025-26 school year must be made in September 2025, November 2025, February 2026 and May 2026. Because the permanent rulemaking process would not be completed in advance of the 2025-26 Choice and SNSP payment dates, an emergency rule is required to update the PSCP and SNSP payments so they mirror the public school district FTE changes until the process for promulgating a permanent rule can be completed. Under s. 118.60 (3) (ar), Wis. Stats., the department is required to complete the random draw for students participating in the Wisconsin Parental Choice Program as space becomes available during the school year. Revising the administrative rule through the emergency rulemaking process will ensure the FTE for pupils that are granted a seat through the random draw process under s. 118.60 (3) (ar), Wis. Stats., does not exceed the pupil participation limit under s. 118.60 (2) (be) 1. c., Wis. Stats. Under s. 121.15 (4) (b), Wis. Stats., the department must provide school districts with their aid estimates by October 15th. An emergency rule is required so that the estimates provided to the districts reflect 4K pupils in the 0.6 FTE category rather than the 0.5 FTE category. |
2. A description of the objective of the proposed rule. The purpose of the proposed rules is to update chapters PI 35, 48, and 49 of the Wisconsin Administrative Code so the 4K FTE determinations for the PSCP and SNSP mirror the 4K FTE for public school districts beginning with the 2025-26 school year. |
3. A description of the existing policies and new policies included in the proposed rule and an analysis of policy alternatives. Under ss. 118.60 (11) (a), 119.23 (11) (a), and 115.7915 (10), Wis. Stats., the department is required to promulgate rules to implement and administer the PSCP and SNSP. 2025 Wisconsin Act 15 updated s. 121.004 (7) (cm), Wis. Stats. With these changes, pupils enrolled in a 4K in a school district that provides at least 437 hours of instruction are counted as a 0.6 FTE. Prior to 2025 Wisconsin Act 15, students in a school district 4K program were counted as a one-half FTE, unless the school also provided at least 87.5 additional hours of outreach activities. If outreach activities were provided in addition to the 437 hours of instruction, the students were counted as a 0.6 FTE. Prior to the recent law changes, the FTE determinations for 4K students participating in the PSCP and the SNSP mirrored the public school district. Further, ss. PI 35.02 (1), PI 48.02 (1), and PI 49.02 (1) indicate the educational component for the outreach activities must fulfill the requirements under s. 121.004 (7) (cm), Wis. Stats. The outreach activity requirements have been removed from s. 121.004 (7) (cm), Wis. Stats. An administrative rule change is needed to revise the PSCP and SNSP 4K FTE so that the 4K FTE for the PSCP and SNSP again mirrors the public school district FTE determinations. The proposed rule changes will align the 4K FTE determinations for the PSCP and SNSP with the recent 4K FTE determinations made for public school districts. The rule will also enable the department to ensure its payments to PSCP and SNSP are made based on the 0.6 FTE, estimates to districts related to associated deductions for the PSCP and SNSP are as accurate as possible, and that the random selection process the department administers for the Wisconsin Parental Choice Program meets applicable requirements related to district caps. Without a rule change, the existing rule does not align with the statute it references, causing confusion and uncertainty. Further, if the emergency rule is not in place prior to when PSCP and SNSP payments must be made for the 2025-26 school year, the PSCP and SNSP payments will change mid year resulting in adjustment payments being required and changes to the school district deductions. |
4. The statutory authority for the proposed rule. Under ss. 118.60 (11) (a), 119.23 (11) (a), and 115.7915 (10), Wis. Stats., the department is required to promulgate rules to implement and administer the PSCP and SNSP. |
5. An estimate of the amount of time agency employees will spend developing the proposed rule and of other resources needed to develop the rule. The amount of time needed for rule development by Department staff and the amount of other resources necessary are indeterminate. |
6. A description of all of the entities that will be affected by the proposed rule. Private schools participating in the PSCP and SNSP and public school districts will be impacted by this rule. |
7. A summary and preliminary comparison of any existing or proposed federal regulation that addresses or is intended to address the activities to be regulated by the proposed rule. N/A |
