115.791(2)(a)
(a) At the most recent individualized education program meeting that the parents attended before removal of the child from the local educational agency, the parents did not inform the individualized education program team of their concerns, their rejection of the placement proposed by the local educational agency to provide a free appropriate public education to their child and their intent to enroll the child in a private school at public expense; or at least 10 business days, including any holidays that occur on a business day, before the removal of the child from the local educational agency, the parents did not give written notice to the local educational agency of their concerns, their rejection of the placement and their intent to enroll the child in a private school at public expense.
115.791(2)(b)
(b) If, before the parents' removal of the child from the local educational agency, the local educational agency notified the parents under
s. 115.792 of its intent to evaluate the child, including a statement of the purpose of the evaluation that was appropriate and reasonable, but the parents did not make the child available for the evaluation.
115.791(2)(c)
(c) A court finds the parents' actions unreasonable.
115.791(3)(a)(a) Notwithstanding the notice requirement in
sub. (2) (a), the cost of reimbursement may not be reduced or denied for failure to provide such notice if any of the following apply:
115.791(3)(a)3.
3. The local educational agency prevented the parent from providing such notice.
115.791(3)(b)
(b) Notwithstanding the notice requirement in
sub. (2) (a), a court or hearing officer may determine not to reduce or deny the cost of reimbursement for failure to provide such notice if any of the following apply:
115.791(4)
(4) Subject to
s. 115.77 (1m) (d) and
(e), this section does not require a local educational agency to pay the cost of education, including special education and related services, of a child with a disability at a private school or facility, including a child with a disability attending a private school under
s. 115.7915, if the local educational agency made a free appropriate public education available to the child and the child's parents elected to place the child in a private school or facility.
115.7915
115.7915
Special Needs Scholarship Program. 115.7915(1)(b)
(b) “Resident school board" means the school board of a resident school district.
115.7915(1)(c)
(c) “Resident school district" means the school district in which a pupil resides.
115.7915(2)
(2) Scholarship requirements. Beginning in the 2016-17 school year, the department shall provide to a child with a disability a scholarship under
sub. (4m) (a) to attend a private school if all of the following apply:
115.7915(2)(a)
(a) The child applied to attend a public school in one or more nonresident school districts under
s. 118.51 for the same school year for which he or she is submitting an application under
par. (f), and all of the following occurred:
115.7915(2)(a)1.
1. The child was rejected by the school boards of all the nonresident school districts to which he or she applied under
s. 118.51 (3) (a),
(3m) (a), or
(7); or was prohibited from attending public school in all the nonresident school districts to which he or she applied under
s. 118.51 (3m) (d),
(7), or
(12).
115.7915(2)(a)2.
2. If the child's parent appealed any school board decision under
subd. 1., the department affirmed the decision.
115.7915(2)(b)
(b) The governing body of the private school notified the department of its intent to participate in the program under this section.
115.7915(2)(c)
(c) The school has been approved as a private school by the state superintendent under
s. 118.165 (2) or is accredited by the Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, Wisconsin Association of Christian Schools, National Lutheran School Accreditation, Christian Schools International, Association of Christian Schools International, the diocese or archdiocese within which the private school is located, or any other organization recognized by the National Council for Private School Accreditation, as of the August 1 preceding the school term for which the scholarship is awarded.
115.7915 Note
NOTE: Par. (c) is shown as affected by
2015 Wis. Acts 289 and
297 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
115.7915(2)(d)
(d) An individualized education program or services plan is in effect for the child.
115.7915(2)(e)
(e) The child was enrolled in a public school in this state for the entire school year immediately preceding the school year for which the child first receives a scholarship under this section.
115.7915(2)(f)
(f) The child's parent or guardian on behalf of the child, or, for a child with a disability who has reached the age of 18 and has not been adjudicated incompetent, the child, submitted an application for a scholarship under this section on a form prepared by the department that includes the document developed by the department under
sub. (4) (a) to the eligible school that the child will attend. A child's parent or guardian or a child with a disability who has reached the age of 18 may apply for a scholarship at any time during a school year and, subject to
sub. (3) (b), a child may begin attending a private school under this section at any time during the school year.
115.7915(2)(g)
(g) The private school has accepted the child's application to attend the private school under a scholarship awarded under this section.
115.7915(2)(h)
(h) The child's parent or guardian consents to make the child available for a reevaluation, by the individualized education program team appointed for the child by the resident school district, within 60 days following a request for a reevaluation under this paragraph. Upon the request of the school board of the child's resident school district, the individualized education program team shall conduct the reevaluation required under this paragraph in the manner described under
s. 115.782 (4) (a) 2. no more frequently than once every 3 years, determined from the date of the most recent evaluation or reevaluation conducted for the child under
s. 115.782 or, for a child whose most recent evaluation or reevaluation was conducted more than 3 years before the child began attending a private school under this section, the date the child began attending a private school under this section.
115.7915(3)
(3) Participating schools; selection of pupils. 115.7915(3)(a)(a) The governing body of a private school that intends to participate in the program under this section shall notify the department of its intent. The governing body of the private school shall include in the notice under this paragraph the number of spaces the private school has available for children receiving a scholarship under this section.
115.7915(3)(b)
(b) If a private school participating in the program under this section receives more applications for scholarships under
sub. (2) (f) than the number of children specified in the notice under
par. (a), it shall accept applicants in the order in which applications are received, except that the private school may give preference to siblings of pupils who are already attending the private school.
115.7915(3)(c)
(c) The governing body of a private school participating in the program under this section shall notify the department when it accepts a child's application to attend the private school under a scholarship awarded under this section.
115.7915(4)(a)1.1. The department shall develop a document for inclusion with an application under
sub. (2) (f), and revise it as necessary, comparing the rights of a child with a disability and of his or her parent under this subchapter, other than this section, and
20 USC 1400 to
1482, with the rights of a child with a disability and of his or her parent under this section and
20 USC 1400 to
1482.
115.7915(4)(a)2.
2. Receipt by an applicant of the document developed under
subd. 1., acknowledged in a format prescribed by the department, constitutes notice that the applicant has been informed of his or her rights under this section and
20 USC 1400 to
1482. Subsequent acceptance of a scholarship under this section constitutes the applicant's informed acknowledgment of the rights specified in the document.
115.7915(4)(b)
(b) Upon receipt of notice under
sub. (3) (c), the department shall request verification from the child's resident school board that the child has an individualized education program or services plan in place for the child and notify the child's resident school board that, pending verification that the requirements of
sub. (2) have been satisfied, the child will be awarded a scholarship under this section. The child's resident school board shall, within 3 days of receiving a request under this paragraph, provide verification to the department and provide the governing body of the private school that accepted the child a copy of the child's individualized education program.
115.7915(4m)
(4m) Scholarship payments; state aid reduction. 115.7915(4m)(a)(a) Subject to
par. (c), from the appropriation under
s. 20.255 (2) (az), the department shall pay the private school a child attends under the scholarship program under this section, on behalf of a child's parent or guardian, the following amount:
115.7915(4m)(a)2.
2. Beginning in the 2017-18 school year, the sum of the scholarship amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under
s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under
s. 118.40 (2r) (e) 2p., if positive.
115.7915(4m)(b)
(b) The department shall pay 25 percent of the total amount under
par. (a) in September, 25 percent in November, 25 percent in February, and 25 percent in May. Each installment may consist of a single check for all children attending the private school who are receiving a scholarship under
par. (a).
115.7915(4m)(c)
(c) The department may not make a scholarship payment under
par. (a) to a private school on behalf of a child's parent or guardian unless the child's parent or guardian has acknowledged receiving the private school's profile under
sub. (6) (g) in the manner provided by the department.
115.7915(4m)(d)
(d) Except as provided in
par. (e), a scholarship awarded to a child for the child to attend a private school under
par. (a) continues until the child graduates from high school or until the end of the school term in which the child attains the age of 21, whichever comes first.
115.7915(4m)(e)1.1. If an individualized education program team, upon reevaluation of a child as required under
sub. (2) (h), determines that a child receiving a scholarship under
par. (a) is no longer a child with a disability, all of the following apply:
115.7915(4m)(e)1.a.
a. The child's resident school district shall notify the parent or guardian of the child of the procedural safeguards in place for the child under
20 USC 1415.
115.7915(4m)(e)1.b.
b. The child is not eligible to receive a scholarship under
par. (a) beginning in the school term following the determination.
115.7915(4m)(e)2.
2. If a child who has been determined to be ineligible under
subd. 1. continues to attend the private school he or she attended under a scholarship awarded under
par. (a), for each school year the child attends the private school beginning with the school year following the determination under
subd. 1., the department shall pay, from the appropriation under
s. 20.255 (2) (az), to the private school, on behalf of the child's parent or guardian, an amount equal to the appropriate per pupil amount paid to a private school participating in a parental choice program under
s. 118.60 or
119.23 in that school year. The department shall make scholarship payments under this paragraph in accordance with the payment schedule specified in
s. 119.23 (4) (c).
115.7915(4m)(f)1.1. Beginning in the 2016-17 school year, subject to
s. 121.085 (1), the department shall decrease a school district's state aid payment under
s. 121.08 by an amount calculated as follows:
115.7915(4m)(f)1.a.
a. Determine the number of pupils residing in the school district for whom a payment is made under
par. (a) in that school year.
115.7915(4m)(f)1.b.
b. Multiply the number of pupils under
subd. 1. a. by the per pupil amount calculated under
par. (a) for that school year.
115.7915(4m)(f)1.c.
c. Determine the number of pupils residing in the school district for whom a payment is made under
par. (e) in that school year.
115.7915(4m)(f)1.d.
d. Multiply the number of pupils under
subd. 1. c. by the per pupil amount paid under
par. (e) for that school year.
115.7915(4m)(f)2.
2. If the state aid payment under
s. 121.08 is insufficient to cover the reduction under
subd. 1., as determined under
s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount.
115.7915(4m)(f)3.
3. The department shall ensure that the decrease under
subd. 1. does not affect the amount determined to be received by a school district as state aid under
s. 121.08 for any other purpose.
115.7915(5)(a)(a) Annually, each school board shall notify the parents of each child with a disability enrolled in the school district of the program under this section.
115.7915(5)(b)
(b) Upon the request of a parent of a child receiving a scholarship under this section, the child's resident school board shall administer the appropriate examinations under
s. 118.30 to the child at no cost if the private school the child attends does not administer them.
115.7915(6)
(6) Private school duties. Each private school participating in the program under this section or receiving a payment under
sub. (4m) shall do all of the following:
115.7915(6)(a)
(a) Comply with all health and safety laws or codes that apply to public schools.
115.7915(6)(b)
(b) Hold a valid certificate of occupancy, if required by the municipality in which the school is located. If the municipality in which the school is located does not issue certificates of occupancy, the private school shall obtain a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy or submit to the department a letter or form from the municipality in which the private school is located that explains that the municipality does not issue certificates of occupancy.
115.7915(6)(d)
(d) Conduct criminal background investigations of its employees and exclude from employment any person not permitted to hold a teaching license as the result of an offense and any person who might reasonably be believed to pose a threat to the safety of others.
115.7915(6)(e)
(e) Annually submit to the department a school financial information report, prepared by a certified public accountant, that complies with uniform financial accounting standards established by the department by rule. The report shall be accompanied by an auditor's statement that the report is free of material misstatements and fairly represents pupil costs. The report shall be limited in scope to those records that are necessary for the department to make payments to the private school.
115.7915(6)(f)
(f) If the private school expects to receive at least $50,000 in scholarships under this section during a school year, do one of the following before the beginning of the school year:
115.7915(6)(f)1.
1. File with the department a surety bond payable to the state in an amount equal to 25 percent of the total amount of scholarships expected to be received by the private school during the school year under this section.
115.7915(6)(f)2.
2. File with the department financial information demonstrating that the private school has the ability to pay an amount equal to the total amount of scholarships expected to be received by the private school during the school year under this section.
115.7915(6)(g)
(g) Provide to each applicant under
sub. (2) (f) a profile of the private school's special education program, in a form prescribed by the department, that includes the methods of instruction that will be used by the school to provide special education and related services to the child and the qualifications of the teachers and other persons who will be providing special education and related services to the child.
115.7915(6)(h)1.1. Implement the child's most recent individualized education program or services plan, as modified by agreement between the private school and the child's parent, and related services agreed to by the private school and the child's parent that are not included in the child's individualized education program or services plan.
115.7915(6)(h)2.
2. Within 5 days of receiving a request from the resident school board of a child with a disability attending the private school under this section, provide all records relating to the implementation of the child's individualized education program or services plan by the private school, as required under
subd. 1.
115.7915(6)(i)
(i) Regularly report to the parent of a child attending the private school and receiving a scholarship under this section on the child's progress.
115.7915(7)
(7) Transportation. Section 121.54 applies to the transportation of a child to and from the private school he or she is attending under a scholarship awarded under this section.
115.7915(8)(a)(a) The department may bar a private school from participating in the program under this section if the department determines that the private school has done any of the following:
115.7915(8)(a)1.
1. Intentionally and substantially misrepresented information required under
sub. (6).
115.7915(8)(a)3.
3. Used a child's scholarship for any purpose other than educational purposes or rebated, refunded, or shared a child's scholarship with a child or a child's parent or guardian.
115.7915(8)(a)4.
4. Failed to refund to the state, within 60 days, any scholarship overpayments.
115.7915(8)(b)
(b) If the department bars a private school from participating in the program under this section, it shall notify all children eligible to participate in the program and their parents as quickly as possible. A child who is receiving a scholarship and attending a private school barred from the program may continue to receive the scholarship if the child attends another participating private school.
115.7915(8)(c)
(c) The state superintendent may withhold payment under
sub. (4m) from a private school participating in the program under this section if the private school violates this section.
115.7915(9)(a)(a) The legislative audit bureau shall study the program under this section. The study shall evaluate all of the following:
115.7915(9)(a)1.
1. The level of satisfaction with the program expressed by participating children and their parents.
