Chapter PI 35

PI 35.05(8)(e) (e) The school shall obtain documentation showing that the pupil participated in kinship or foster care if the application indicates the pupil participated in the kinship or foster care program but the school did not receive documentation that complies with the requirements in sub. (4).

PI 35.05 History History: CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (4) (a) made under s. 13.92 (4) (b) 7., Stats., and correction in (6) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (1) (a), (4) (a), (b) 2., (8) (c) (intro) Register May 2020 No. 773, eff. 6-1-20.

PI 35.06 PI 35.06 School year enrollment.

PI 35.06(1) (1) Application acceptance. A school may not accept pupil applications until the school has completed all of the following:

PI 35.06(1)(a) (a) The school has filed with the department its notice of intent to participate for the following school year required under s. PI 35.03 (3) or a new private school has submitted the information required under s. PI 35.04 (2).

PI 35.06(1)(b) (b) The department has approved the school’s plan for randomly selecting pupils to participate in the choice program or the school has adopted the random selection agreement provided by the department as set forth under s. PI 35.03 (3) (a) or 35.04 (2) (a).

PI 35.06(1)(c) (c) The school has paid the nonrefundable auditor fee required under s. 119.23 (2) (a) 3., Stats., or s. PI 35.04 (3).

PI 35.06(2) (2) Application eligibility & verification. A school shall make application eligibility determinations based on the requirements in s. PI 35.05. The determination shall be made prior to random selection, prior to the next application period, within 60 days after the school receives the application, or prior to the next count date, whichever occurs first. The school shall also verify applications in the online application system within 60 days after the school receives the application or prior to the next count date, whichever occurs first.

PI 35.06(3) (3) Random selection. A school shall accept pupils on a random basis in accordance with the method filed with the department and approved under s. PI 35.03 (3) (a) or 35.04 (2) (a).

PI 35.06(4) (4) Application retention. A school shall retain the following records for at least 5 years from the end of the school year in which the pupil applied to the school unless the department or a law enforcement agency requires the school to retain the records for a longer period:

PI 35.06(4)(a) (a) Electronic or paper copies of pupil paper applications and supporting income and residency documentation required under s. PI 35.05 for all accepted and non-accepted choice pupils who have submitted applications to the school.

PI 35.06(4)(b) (b) Copies of all notices to a pupil or pupil’s parent regarding acceptance and non-acceptance.

PI 35.06(4)(c) (c) Any other correspondence related to a pupil.

PI 35.06(5) (5) Simultaneously enrolled pupil. A pupil participating in the choice program may not receive a choice program payment under s. 119.23, Stats., and be simultaneously enrolled, in or out of Wisconsin, in another private school, a home-based private educational program, a charter school under s. 118.40 (2r) or (2x), Stats., or a public school district. A pupil receiving a payment under s. 119.23, Stats., may not receive a payment under s. 115.7915 (4m) or 118.60, Stats.

PI 35.06(6) (6) Full-time equivalent. The amount paid by the department to a school under s. 119.23 (4), Stats., shall be based on the full-time equivalent for each pupil times the payment amount in s. 119.23 (4), Stats. The full-time equivalent shall be determined as follows:

PI 35.06(6)(a) (a) Pupils in grades one through 12 shall be one full-time equivalent.

PI 35.06(6)(b) (b) A kindergarten pupil shall be one-half full-time equivalent except as follows:

PI 35.06(6)(b)1. 1. A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 5 days a week, but not on any day of the week that pupils enrolled in other grades in the school do not attend school, for an entire school term shall be counted as one full-time equivalent.

PI 35.06(6)(b)2. 2. A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 4 days a week, but not on any day of the week that pupils enrolled in other grades in the school do not attend school, for an entire school term shall be counted as a 0.8 full-time equivalent.

PI 35.06(6)(b)2m. 2m. A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 3 days a week, but not on any day of the week that pupils enrolled in other grades in the school do not attend school, for an entire school term shall be counted as a 0.6 full-time equivalent.

PI 35.06(6)(b)3. 3. A school may count a pupil enrolled in a 4-year-old kindergarten program that provides the required number of hours of direct pupil instruction under s. 121.02 (1) (f), Stats., as a 0.6 full-time equivalent if the program also annually provides at least 87.5 additional hours of 4-year-old kindergarten outreach activities.

PI 35.06(6)(b)4. 4. For purposes of this subsection, “full-day” means the following:

PI 35.06(6)(b)4.a. a. If the private school offers first grade, the length of the school day required to meet the total number of hours of instruction for first grade pupils under ss. 118.60 (2) (a) 8. and 119.23 (2) (a) 8., Stats.

PI 35.06(6)(b)4.b. b. If the private school does not offer first grade, the length of the school day required to meet the total number of hours of instruction for first grade pupils under s. 118.165 (1) (c), Stats.

PI 35.06(7) (7) Preliminary application and class list submission. Annually by the last weekday in August, a school shall file with the department, using the online application system or other manner specified by the department, all of the following:

PI 35.06(7)(a) (a) All accepted applications.

PI 35.06(7)(b) (b) A class list of all pupils enrolled in the choice program at the school by grade level. The class list may not include pupils that have withdrawn from the school.

PI 35.06(8) (8) Application submission and pupil count reports. Annually by the last weekday in September and the last weekday in January, a school shall file with the department, using the online application system or other manner specified by the department, all of the following:

PI 35.06(8)(a) (a) A pupil count report stating all of the following:

PI 35.06(8)(a)1. 1. The grade of each pupil participating in the choice program on the immediately preceding count date. In order to be eligible for payment, a 4-year-old kindergarten pupil, 5-year-old kindergarten pupil, and first grade pupil shall attain the age specified in s. 118.14 (1), Stats.

PI 35.06(8)(a)2. 2. Whether each choice program pupil meets the requirements under sub. (9).

PI 35.06(8)(a)3. 3. The total number of pupils in the school on the immediately preceding count date that meet the requirements under sub. (9).

PI 35.06(8)(a)4. 4. The pupils on the choice program waiting list on the immediately preceding count date.

PI 35.06(8)(b) (b) All accepted applications the school received that were not previously reported under sub. (7).

PI 35.06(9) (9) Count requirements. A school may include a pupil on its pupil count report under sub. (8) (a) only if one of following applies:

PI 35.06(9)(a) (a) The pupil is in attendance for instruction on the count date.

PI 35.06(9)(b) (b) The pupil is absent on the count date but attended the school for instruction at least one day during the school term prior to the count date and at least one day after the count date, and the pupil was not enrolled in another school in or out of Wisconsin, including another private school, a home-based educational program, a charter school under s. 118.40 (2r) or (2x), Stats., or a public school district, during the period of absence from the school.

PI 35.06 History History: CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (1) (b), (3) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (1) (a), (3), (6) (b) 1., renum. (6) (b) 2. (intro.) to (6) (b) 2. and am., r. (6) (b) 2. a., b., cr. (6) (b) 2m., renum. (6) (b) 4. to (6) (b) 4. (intro.) and am., cr. (6) (b) 4. a., b., am. (7) (intro.), (b), (8) (intro.), cr. (8) (a) 4. Register May 2020 No. 773, eff. 6-1-20.

PI 35.07 PI 35.07 Enrollment audits.

PI 35.07(1) (1) Report completion and submission. A school shall engage an auditor to compile the enrollment audit using agreed upon procedures that identify ineligible pupils for whom the school has received payment under s. 119.23 (4) or (4m), Stats., pupils with incorrect data in the department’s database, and additional eligible pupils qualifying the school for a payment. The report shall be prepared in accordance with professional standards and identify the procedures agreed upon by the auditor and the department that were used. A school shall file an enrollment audit with the department for the following:

PI 35.07(1)(a) (a) The third Friday in September enrollment reported under s. PI 35.06 (8). A school shall file its third Friday in September enrollment audit with the department by December 15.

PI 35.07(1)(b) (b) The second Friday in January enrollment reported under s. PI 35.06 (8). A school shall file its second Friday in January enrollment audit with the department by the first weekday in May if the school also participates in a program under s. 118.60, Stats. The school shall file its second Friday in January enrollment audit with the department by the last weekday in June if the school is not also participating in a program under s. 118.60, Stats.

PI 35.07(2) (2) School records. A school shall provide its auditor with the official attendance records and the original classroom records for the auditor’s use in conducting the enrollment audit. The student information system shall identify pupils participating in the choice program. The school shall provide the auditor with official attendance records or another report from the student information system that identify which students are choice program pupils.

PI 35.07(3) (3) Required procedures. An auditor shall complete the procedures specified in the department’s audit guide, including all of the following:

PI 35.07(3)(a) (a) Determine the school’s process for preparing attendance records and accepting and reviewing applications.

PI 35.07(3)(b) (b) If a school counts any 4-year-old kindergarten pupil as a 0.6 full-time equivalent, as provided under s. PI 35.06 (6) (b) 3., verify that the 4-year-old kindergarten program is providing at least 87.5 hours of 4-year-old kindergarten outreach activities as documented by teacher logs.

PI 35.07(3)(c) (c) Complete a fraud risk assessment.

PI 35.07(3)(d) (d) Complete testing of the pupil enrollment software using one of the following:

PI 35.07(3)(d)1. 1. The department’s pupil enrollment software test plan.

PI 35.07(3)(d)2. 2. A pupil enrollment software test plan developed by the auditor. The auditor shall annually file the plan with the department for approval. The auditor shall not use the test plan until it is approved by the department.

PI 35.07(3)(f) (f) Verify that the total number of pupils attending the school on the official attendance records match the total number of pupils based on the pupil count report under s. PI 35.06 (8) (a) for each grade category.

PI 35.07(3)(g) (g) Verify the enrollment for all choice program pupils reported on the pupil count report under s. PI 35.06 (8) (a) using the school’s official attendance records.

PI 35.07(3)(i) (i) Verify that the choice program pupils meet the requirements of s. PI 35.06 (9).

PI 35.07(3)(j) (j) Verify that the school did not receive a payment under s. 119.23 (4) or (4m), Stats., for any of the following:

PI 35.07(3)(j)1. 1. Pupils for whom the school is receiving a childcare payment for all day care.

PI 35.07(3)(j)2. 2. Pupils who are enrolled in a public school district.

PI 35.07(3)(j)3. 3. Pupils participating in the program under s. 115.7915, Stats.

PI 35.07(3)(k) (k) Reconcile tuition revenues and pupils for whom tuition is waived with the school’s records from the student information system that identify pupils who do not participate in the choice program. If the school charges a choice program pupil tuition, ensure the school obtained documentation indicating the pupil meets the requirements of s. 119.23 (3m) (b), Stats.

PI 35.07(3)(L) (L) Select a sample of at least 60 pupils not participating in the choice program from original classroom records and verify the school included the selected pupils in the official attendance records. The sample shall include pupils from each classroom. If the pupils are in different classrooms during the day, the auditor may select one period and select pupils from each classroom for that period. If the auditor identifies an auditing exception, the auditor shall increase the sample size in increments of 60 pupils until the auditor finds no additional exceptions or until the auditor verifies that all pupils have been properly included in reported enrollments. If the school has an enrollment of fewer than 60 pupils who did not participate in the choice program, the auditor shall examine records for all pupils who did not participate in the choice program.

PI 35.07(3)(m) (m) Reconcile the enrollment the school reported to the department under s. 115.30 (3), Stats., with the official attendance records of the school.

PI 35.07(3)(n) (n) Verify that the applications for pupils participating in the choice program and pupils on the choice program waiting list meet the requirements of s. PI 35.05.

PI 35.07(3)(o) (o) Verify that any pupils in 4-year-old kindergarten, 5-year-old kindergarten, or first grade meet the age requirements in s. 118.14 (1), Stats.

PI 35.07(3)(p) (p) If the school operated a summer school program, review all school documentation to support the summer school report the school filed with the department under s. PI 35.08 (5). The review shall be part of the third Friday in September enrollment audit.

PI 35.07(3)(q) (q) Perform other auditing procedures as agreed upon by the auditor and the department.

PI 35.07(3)(r) (r) Verify that the choice program waiting list pupils reported on the pupil count report required under s. PI 35.06 (8) (a) 4. match the pupils on the school’s choice program waiting list.

PI 35.07(4) (4) Certifications.

PI 35.07(4)(a) (a) Upon review of the enrollment audits, the department shall certify an amount due from a school or an amount due to the school. If a school fails to file an enrollment audit with the department, the department may determine that all choice pupils are ineligible.

PI 35.07(4)(b) (b) A school shall refund to the department the amount certified as due to the department as specified under s. PI 35.19 (5).

PI 35.07(4)(c) (c) The department shall pay any additional amount due to a school for qualifying pupils within 60 days of the date of the certification letter.

PI 35.07 Note Note: The enrollment audit form and department’s pupil enrollment software test plan may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

PI 35.07 History History: CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (3) (b) under 13.92 (4) (b) 7., Stats., Register December 2016 No. 732; CR19-120: am. (1) (intro.), (a), (b), r. (c), am. (2), (3) (d) 2., r. (3) (e), am. (3) (f), (g), r. (3) (h), am. (3) (k), (L), (n), cr. (3) (r), am. (4) (a), a. (4) (b) (intro.) to (4) (b) and am., r. (4) (b) 1., 2. Register May 2020 No. 773, eff. 6-1-20.

PI 35.08 PI 35.08 Summer school attendance and payment.

PI 35.08(1) (1) Definition. In this section, “academic purposes” means summer school learning experiences that are related to or similar to instruction the school offers during the regular school term or for which credit toward graduation is given.

PI 35.08(2) (2) List of classes. Annually by the first weekday in May, a school shall file with the department a list of academic summer school classes and laboratory periods that the school will provide in the following summer. The department shall annually review the list to ensure the classes are for academic purposes.

PI 35.08(3) (3) Program requirements. A school may count any of the following as instruction for academic purposes:

PI 35.08(3)(am) (am) Music programs, lessons, sections, or clinics.

PI 35.08(3)(bm) (bm) Swimming instruction programs, if taught or directed by a teacher at the site of the instruction.

PI 35.08(3)(cm) (cm) Field trips if accompanied by a teacher and if all pupils have equal access to the field trips regardless of a pupil’s ability to pay.

PI 35.08(4) (4) Pupil attendance requirements. A school may include a pupil in its summer school report if the pupil was in the choice program on the second Friday in January during the school term immediately preceding the summer for which the school seeks payment, or the school has accepted the pupil’s choice program application for the school term immediately following that summer.

PI 35.08(5) (5) Report. A school counting pupils for choice summer school payment purposes shall file a summer school report with the department, using the online application system or other manner specified by the department, listing the choice program pupils who attended summer school and the number of days the pupils attended.

PI 35.08(6) (6) Payment. A school may not receive a summer school payment under s. 118.60 (4m) or 115.7915 (4p), Stats., and a summer school payment under s. 119.23 (4m), Stats., for the same pupil in the same school year.

PI 35.08 History History: CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; CR 19-120: am. (1), (2), renum. (3) (a) (intro.), 1., 2., 3. to (3) (intro.), (am), (bm), (cm) and, as renum., am. (3) (intro.), (bm), r. (3) (b), renum. (4) (intro.) to (4) and am., r. (4) (a), (b), am. (5), cr. (6) Register May 2020 No. 773, eff. 6-1-20.

PI 35.09 PI 35.09 Financial audit.

PI 35.09(1) (1) Financial audit requirement. Annually by October 15, a school shall submit a financial audit and financial audit supplemental schedule to the department. The financial audit shall comply with all of the following:

PI 35.09(1)(a) (a) The financial audit shall either include the school-only balances and activity or shall be prepared at the consolidated level as permitted by generally accepted accounting principles.

PI 35.09(1)(b) (b) A school may submit a financial audit that includes a modified audit opinion due to fixed assets purchased prior to the school’s participation in a program under ss. 115.7915, 118.60, and 119.23, Stats., not being included in the financial audit.

PI 35.09(1)(c) (c) The school shall have support for the original purchase price for the fixed assets and evidence that the school paid for the fixed asset purchases in order for the depreciation expense to be an eligible education expense. If any fixed assets are included in the statement of financial position that do not meet these requirements, the financial audit shall include a footnote disclosure that includes the fixed asset amount, accumulated depreciation, and current year depreciation expense for the fixed assets that do not meet the requirements to be included as an eligible education expense.

PI 35.09(1)(d) (d) Except as provided under par. (b) and sub. (4) (b), a financial audit that includes a modified audit opinion does not meet the requirements under s. 119.23 (7) (am) 2m. a., Stats., and this chapter unless the modification is approved by the department.

PI 35.09(2) (2) Compliance with American Institute of Certified Public Accountants requirements. As provided under s. 119.23 (7) (am) 2m. a., Stats., an auditor engaged by a school to provide the audit opinion in this section shall comply with the auditing standards established by the American Institute of Certified Public Accountants, including all of the following: