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 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 49.02 (5m) is created to read:
PI 49.02 (5m) “Designee" means an individual who is designated to assist in processing pupil applications by the special needs scholarship program administrator on a form provided by the department.
SECTION 2. PI 49.02 (9m) is created to read:
PI 49.02 (9m) “Local education agency” means a school district or the operator of a charter school under s. 118.40 (2r) or (2x), Stats. SECTION 3. PI 49.02 (18) is amended to read:
PI 49.02 (18) “Special needs scholarship program administrator” means the person designated as such onwho has the notice of intentauthority to participate formprocess pupil applications and submit reports and forms required under this chapter and s. PI 49.03 (3)115.7915, Stats. SECTION 4. PI 49.03 (3) (e) is created to read:
PI 49.03 (3) (e) The name of the special needs scholarship program administrator.
SECTION 5. PI 49.03 (5) (d) is repealed.
SECTION 6. PI 49.03 (6) (intro.) and (a) 3. are amended to read:
PI 49.03 (6) Accreditation requirements. (intro.) A school participating in the special needs scholarship program shall be accredited by an accrediting agency under s. 115.7915 (2) (c), Stats., for all of the grades the school makes available to special needs scholarship program pupils. 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 under s. 115.7915 (2) (c), Stats., stating that the school is accredited as of the date of the letter. The letter shall meet all of the following requirements: (a)
3. The grades accredited by the agency.
SECTION 7. PI 49.03 (7) and (7) (Note) are created to read:
PI 49.03 (7) State superintendent approval. Annually by March 1 preceding the school year of participation, a school seeking approval as a private school by the state superintendent under s. 115.7915 (2) (c), Stats., shall submit to the department a special needs scholarship program private school requirements form demonstrating the school meets all of the requirements under s. 118.165 (2), Stats. Note: The special needs scholarship program private school requirements form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/special-needs-scholarship. SECTION 8. PI 49.04 (5) is repealed.
SECTION 9. PI 49.05 (4) (intro.) and (c) 2. are amended to read:
PI 49.05 (4) Application eligibility determination. (intro.) Within 21 days of receiving an application under sub. (3), a schoolthe special needs scholarship program administrator or designee shall do all of the following:
(c)
2. The application under sub. (3) is determined eligible but the school does not have space available for the studentpupil. The school shall state in the letter the pupil’s place on the school’s waiting list.
SECTION 10. PI 49.05 (4) (note) is created to read:
Note: The student application designee authorization form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/special-needs-scholarship.
SECTION 11. PI 49.05 (5) (a) and (b) are repealed and recreated to read:
PI 49.05 (5) (a) An applicant may submit a transfer request for a pupil to transfer to a different school participating in the special needs scholarship program on a form provided by the department. A pupil that has been determined to no longer be a child with a disability under s. 115.7915 (4m) (e) 1. , Stats., may not transfer under this subsection to a different school participating in the special needs scholarship program. (b) A transfer request shall be considered received under s. 115.7915 (3) (b), Stats., when an applicant has submitted all of the following to the school: 1. A transfer request form.
2. Residency documentation.
3. Individualized education program or services plan.
SECTION 12. PI 49.05 (5) (c) (intro.) is amended to read:
PI 49.05 (5) (c) (intro.) Within 21 days of receiving a transfer request under par. (b), a schoolthe special needs scholarship program administrator or designee shall do all of the following:
SECTION 13. PI 49.05 (5) (c) 2. (intro.) is renumbered PI 49.05 (5) (c) 2. and amended to read:
PI 49.05 (c) 2. Notify an applicant in writing if one of the following occurs:the transfer request was accepted or not accepted. The school shall state in its letter the reason or reasons why the transfer request is ineligible if the transfer request is determined ineligible. If the transfer request is determined eligible but the school does not have space available for the pupil, the school shall state in the letter the pupil’s place on the school’s waiting list.
SECTION 14. PI 49.05 (5) (c) 2. a. and b. and (d) are repealed.
SECTION 15. PI 49.05 (7) (a) is amended to read:
PI 49.05 (7) (a) AExcept as provided in par. (d), a pupil shall have an individualized education program or services plan in effect at the time an applicant submits an application under sub. (3) or a transfer request under sub. (5).
SECTION 16. PI 49.05 (7) (b) is repealed and recreated to read:
PI 49.05 (7) (b) (intro.) Upon the request of the department, the local education agency that developed a pupil’s individualized education program or services plan shall verify that the pupil meets the requirement under par. (a) or (d) and send a copy of the individualized education program to the private school. The department shall make the request if all of the following apply:
1. The pupil’s resident school district responded to the verification request under s. 115.7915 (4) (b), Stats., that it did not have record that the pupil met the requirement under par. (a) or (d). 2. The pupil’s individualized education program or services plan was developed by a local education agency that is different than the pupil’s resident school district.
SECTION 17. PI 49.05 (7) (c) and (d) are created to read:
PI 49.05 (7) (c) The special needs scholarship program administrator or designee shall notify an applicant in writing if an application submitted under sub. (3) was determined eligible or ineligible. If the application is determined ineligible, the letter shall state the reason or reasons why the application is ineligible. The letter shall be sent within 7 days of the school receiving one of the following: 1. A copy of the pupil’s individualized education program from the local education agency in response to a request under s. 115.7915 (4) (b), Stats., or par. (b). 2. Notification from the department that a pupil has an individualized education program or service plan that meets the requirements under par. (a) or (d).
3. Notification from the department that a pupil does not have an individualized education program or services plan that meets the requirements under par. (a) or (d).
(d) If an applicant is applying to the special needs scholarship program under section 9134 (6q) of 2015 Act 55, a pupil shall have an individualized education program or services plan that was developed or had an implementation date between July 1, 2011, and June 30, 2016.
