Chapter PI 35

PI 35.09(2)(a) (a) The auditor shall develop written audit programs identifying the steps and procedures to be followed in conducting the audit, including establishing the planning materiality that the auditor will use for the audit.

PI 35.09(2)(b) (b) The auditor shall trace all entries on the financial audit and financial audit supplemental schedule to the trial balance provided by the school under s. PI 35.11 (2).

PI 35.09(2)(c) (c) The auditor shall obtain sufficient appropriate audit evidence to conclude that the financial statements do not contain misstatements the effect of which, when aggregated with misstatements in other accounts and transactions, exceeds the planning materiality and results in a material misstatement in the financial statements or in the school’s net eligible education expenses. The auditor shall determine sufficient appropriate audit evidence based on the requirements of the American Institute of Certified Public Accountants.

PI 35.09(3) (3) Standard financial audit.

PI 35.09(3)(a) (a) The standard financial audit shall be prepared in accordance with generally accepted accounting principles.

PI 35.09(3)(b) (b) Except as provided under par. (c), the standard financial audit shall include 2-year comparative financial statements containing all of the statements required by generally accepted accounting principles, including a statement of financial position, a statement of activities, and a statement of cash flows. Both years of the financial statements shall be audited.

PI 35.09(3)(c) (c) The first year a school completes a standard financial audit for the choice program, the statement of activities and statement of cash flows may only include the current school year.

PI 35.09(4) (4) Modified financial audit.

PI 35.09(4)(a) (a) The modified financial audit shall include an audited one-year statement of financial position prepared as required by generally accepted accounting principles.

PI 35.09(4)(b) (b) A school may submit a modified financial audit that includes a modified audit opinion due to post-retirement benefits being excluded from the statement of financial position.

PI 35.09(5) (5) Management letter. The management letter required under ss. 118.60 (7) (am) and 119.23 (7) (am), Stats., shall include all of the following if issued by the auditor:

PI 35.09(5)(a) (a) Any letter issued under the American Institute of Certified Public Accountants Statement on Auditing Standards 114.

PI 35.09(5)(b) (b) Any letter issued under the American Institute of Certified Public Accountants Statement on Auditing Standards 115.

PI 35.09(5)(c) (c) Any other letter to management communicating significant deficiencies or material weaknesses in the internal controls.

PI 35.09 History History: CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; CR 19-120: r. and recr. (1), cr. (3) to (5) Register May 2020 No. 773, eff. 6-1-20.

PI 35.10 PI 35.10 Financial audit supplemental schedule.

PI 35.10(1) (1) Eligible education expenses. The eligible education expenses included in the financial audit supplemental schedule shall comply with all of the following:

PI 35.10(1)(a) (a) Eligible education expenses may only include those expenses that already have or will result in a cash disbursement.

PI 35.10(1)(b) (b) Eligible education expenses may only include the following:

PI 35.10(1)(b)1. 1. In a standard financial audit, expenses that are in the statement of activities, except for the cost of land. The amount that the school paid for land shall be included in the first year the land is used for educational programming using an allocation method under par. (d), if applicable.

PI 35.10(1)(b)2. 2. In a modified financial audit, expenses that would be included in the statement of activities for the school year based on generally accepted accounting principles except for the following:

PI 35.10(1)(b)2.a. a. The amount that the school paid for land shall be included in the first year the land is used for educational programming using an allocation method under par. (d), if applicable.

PI 35.10(1)(b)2.b. b. Post-retirement benefits may be included as an eligible education expense based on the amount expended for the post-retirement benefits in the school year.

PI 35.10(1)(c) (c) An expense may only be included as an eligible education expense one time.

PI 35.10(1)(d) (d) If an expense or government assistance revenue is partially related to educational programming, the school shall use an allocation method to determine the portion that is related to educational programming. The allocation methods shall be included in the school’s policy established under s. PI 35.13 (5) (h).

PI 35.10(1)(e) (e) The following may not be included in kindergarten through grade 12 eligible education expenses:

PI 35.10(1)(e)1. 1. Contributed services, fixed assets, or goods.

PI 35.10(1)(e)2. 2. Scholarship awards and financial support for pupils to attend the private school, including payments to parents or others on behalf of pupils.

PI 35.10(1)(e)3. 3. Daycare expenses except expenses for before or after school care for kindergarten through grade 12 pupils that are enrolled in educational programming at the school.

PI 35.10(1)(e)4m. 4m. Special needs scholarship program excluded expenses.

PI 35.10(1)(e)5. 5. Expenses for pupils who are enrolled in the public school district and attending the private school.

PI 35.10(2) (2) Auditor review of eligible education expenses. An auditor shall ensure the eligible education expenses a school included in the supplemental schedule comply with the requirements under sub. (1), s. PI 35.09 (1) (c), and the policy established under s. PI 35.13 (5) (h).

PI 35.10(3) (3) Supplemental schedule calculations. The supplemental schedule shall calculate all of the following:

PI 35.10(3)(a) (a) Net eligible education expenses for all pupils as follows:

PI 35.10(3)(a)1. 1. Determine the amount of eligible education expenses. This amount shall not include special needs scholarship program excluded expenses.

PI 35.10(3)(a)2. 2. Subtract all government assistance revenues received for eligible education expenses. This amount shall not include government assistance revenues subtracted in s. PI 49.09 (3) (a) 2. or in the statements provided under s. 115.7915 (4c).

PI 35.10(3)(a)3. 3. Subtract the lesser of the following:

PI 35.10(3)(a)3.a. a. Fundraising revenue.

PI 35.10(3)(a)3.b. b. The non-administrative fundraising expenses included in the expenses in subd. 1. In this subdivision, administrative expenses include expenses for school personnel, copying, mailing, or fixed assets used for other school purposes.

PI 35.10(3)(a)4. 4. Subtract all insurance proceeds received for eligible education expenses. This amount shall not include insurance proceeds subtracted in s. PI 49.09 (3) (a) 4.

PI 35.10(3)(b) (b) The net eligible education expenses for pupils participating in a program under ss. 118.60 and 119.23, Stats., as follows:

PI 35.10(3)(b)1. 1. Calculate the percentage of pupils at the school participating in a program under ss. 118.60 and 119.23, Stats., as the full-time equivalent for the pupils participating in a program under ss. 118.60 and 119.23, Stats., compared to the all pupil full-time equivalent. The full-time equivalents shall be based on the average of the full-time equivalents determined in the enrollment audits under ss. PI 35.07 and 48.07.

PI 35.10(3)(b)2. 2. Multiply the amount calculated under par. (a) by the percentage under subd. 1.

PI 35.10(3)(c) (c) The reserve balance as follows:

PI 35.10(3)(c)1. 1. Determine the total revenue received under ss. 118.60 and 119.23, Stats. Summer school revenue received under ss. 118.60 and 119.23, Stats., shall be included in the school year it is received.

PI 35.10(3)(c)2. 2. Add the prior year reserve balance, if any.

PI 35.10(3)(c)3. 3. Subtract the amount determined under par. (b).

PI 35.10(3)(c)4. 4. Subtract any reserve amount repaid to the department.

PI 35.10(3)(d) (d) The school’s cash and investment balance that shall be maintained under sub. 4 as follows:

PI 35.10(3)(d)1. 1. Determine the sum of any remaining depreciation on fixed assets used by the school and any land purchases that have not yet been included in eligible cost under sub. (1) (b) that meet the requirements to be included as an eligible education expense. The depreciation under this subdivision shall not include depreciation for leased right of use assets.

PI 35.10(3)(d)2. 2. Subtract the amount under subd. 1. from the amount under par. (c).

PI 35.10(3m) (3m) Paycheck Protection Program loans. Notwithstanding sub. (3) (a) 2., the forgiven portion of Paycheck Protection Program loans administered by the U.S. small business administration under 15 USC 636 may not be included as offsetting government assistance revenue in the supplemental schedule.

PI 35.10(4) (4) Maintain reserve balance. The school shall maintain the reserve balance, if positive, for future eligible education expenses for choice pupils. The school’s cash and investment balance shall be at least as much as the amount calculated under sub. (3) (d), if positive. If the school is also participating in the program under s. 115.7915, Stats., the cash and investment balance shall be at least as much as the reserve calculated under this chapter and s. PI 49.09 less the sum of any remaining depreciation on fixed assets used by the school and any land purchases that have not yet been included in eligible cost under sub. (1) (b) that meet the requirements to be included as an eligible education expense. The depreciation under this subsection shall not include depreciation for leased right of use assets. If a school fails to maintain a sufficient cash and investment balance, it shall repay the reserve balance to the department as specified under s. PI 35.19 (5).

PI 35.10(5) (5) Financial audit submission.

PI 35.10(5)(a) (a) If a school ceases to participate or is barred from participation in all of the programs the school is participating in under ss. 118.60 and 119.23, Stats., it shall submit to the department the financial audit required under s. 119.23 (7) (am) 2m. a., Stats., for the final school year in which it participated. The net eligible education expenses under sub. (3) (a) shall be multiplied by the percent of the school year the school participated in the choice program if the school was not eligible for all of the payments under s. PI 35.19. This percentage shall be calculated as follows:

PI 35.10(5)(a)1. 1. The net eligible education expenses shall be multiplied by 25 percent if the school was only eligible for the September payment.

PI 35.10(5)(a)2. 2. The net eligible education expenses shall be multiplied by 50 percent if the school was only eligible for the September and November payments.

PI 35.10(5)(a)3. 3. The net eligible education expenses shall be multiplied by 75 percent if the school was only eligible for the September, November, and February payments.

PI 35.10(5)(b) (b) If a school fails to submit the financial audit, the school’s net eligible education expenses for the year shall be determined to be zero for purposes of determining the school’s reserve balance.

PI 35.10(6) (6) Refund of the reserve. If a school ceases to participate or is barred from participating in all of the programs the school is participating in under ss. 118.60 and 119.23, Stats., and the school’s reserve is positive, the school shall refund the reserve balance to the department as specified under s. PI 35.19 (5).

PI 35.10 History History: CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; CR 19-120: renum. (1) (b) to (1) (b) (intro.) and am., cr. (1) (b) 1., 2., am. (1) (e) 1., r. (1) (e) 4., cr. (1) (e) 4m., am. (2), (3) (a) 1., 2., renum. (3) (a) 3. to (3) (a) 3. (intro.) and am., cr. (3) (a) 3. a., b., am. (3) (a) 4., (b) 1., (c) 1., cr. (3) (c) 4., am. (3) (d) 1., (4), renum. (5) to (5) (a) (intro.) and am., cr. (5) (a) 1. to 3., (b), am. (6) Register May 2020 No. 773, eff. 6-1-20; EmR2117: emerg. cr. (3m), eff. 6-12-21; CR 21-046: cr. (3m) Register February 2022 No. 794, eff. 3-1-22.

PI 35.11 PI 35.11 School financial requirements.

PI 35.11(1) (1) Engagement letter. A school shall have a written engagement letter with each auditor providing services required by this chapter. The school or auditor shall provide a copy of the engagement letter to the department upon request. The written engagement letter shall contain all of the following:

PI 35.11(1)(a) (a) A statement that the auditor shall comply with generally accepted auditing standards and the requirements of this chapter.

PI 35.11(1)(b) (b) A statement that the auditor shall comply with generally accepted governmental auditing standards if other governmental agencies providing funds to the school so require.

PI 35.11(1)(c) (c) The responsibilities of the school and the auditor in meeting the requirements of this chapter.

PI 35.11(1)(d) (d) The services the auditor provides to the school that are in addition to those audit and attestation services required under this chapter.

PI 35.11(1)(e) (e) The auditor’s acknowledgement that the department will rely on the auditor’s work to fulfill the department’s responsibilities under s. 119.23, Stats., and this chapter.

PI 35.11(1)(f) (f) The auditor’s compensation for the services the auditor provides to the school.

PI 35.11(2) (2) Financial accounting system. A school shall balance the financial accounting system required under s. PI 35.13 (1) and provide the auditor with a trial balance of the account balances.

PI 35.11(3) (3) Adjusting entries. Adjustments to the school’s trial balance recommended by a school’s auditor shall be approved by the school before the entries are recorded in the school’s financial accounting system.

PI 35.11(4) (4) Records retention. A school shall retain all financial and pupil records relating to the enrollment audits under s. PI 35.07, the audit required under ss. PI 35.09 and 35.10, and the report on fiscal and internal control practices under s. PI 35.13 for at least 5 years from the due date of the financial audit, unless the department or a law enforcement agency requests the school retain the records for more than 5 years.

PI 35.11(5) (5) Records availability. A school shall furnish all financial and pupil records the auditor considers necessary to provide the audit opinion or agreed upon procedure reports. Upon request by the department, a school shall provide the department access and copies to the records referenced in the auditor’s working papers.

PI 35.11(6) (6) School responsibility. An auditor’s failure to completely or properly perform the responsibilities set forth in s. 119.23, Stats., or this chapter is not a defense to any determination the department makes under this chapter or s. 119.23, Stats.

PI 35.11(7) (7) Auditor bar. A school participating in the choice program may not engage an auditor who the department bars under s. PI 35.12 (7), 48.12 (7), or 49.11 (7) until such time as the auditor provides evidence acceptable to the department that the auditor has made procedural changes and has successfully completed professional development training that enables the auditor to comply with the requirements of this chapter, chs. PI 48 and 49, and ss. 115.7915, 118.60, and 119.23, Stats.

PI 35.11 History History: CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (7) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (6) Register May 2020 No. 773, eff. 6-1-20.

PI 35.12 PI 35.12 Auditor requirements.

PI 35.12(1) (1) Independence requirements. An auditor engaged by a school to meet the requirements under this chapter and s. 119.23, Stats., shall comply with the standards of the American Institute of Certified Public Accountants, including all of following:

PI 35.12(1)(a) (a) An auditor shall comply with the requirements of s. Accy 1.101.

PI 35.12(1)(b) (b) An auditor shall obtain the school’s trial balance required under s. PI 35.11 (2) if the auditor is completing compilation or review services.

PI 35.12(1)(c) (c) Except as provided in par. (d), an auditor may not post or prepare for posting typical reoccurring financial transactions to the school’s general ledger, including cash receipts and disbursements, invoices or billings for services, billings from vendors and suppliers, and payroll activity.

PI 35.12(1)(d) (d) An auditor shall obtain written approval of the school’s management prior to posting adjusting, correcting, and closing journal entries to the school’s general ledger. An auditor’s working papers shall document evidence of management approval for all such entries resulting from a financial statement compilation, review, or audit.

PI 35.12(1)(e) (e) If an auditor assists in the preparation of a school’s budget, the auditor shall do all of the following:

PI 35.12(1)(e)1. 1. Comply with s. Accy 1.201 (1) (e) regarding forecasts.

PI 35.12(1)(e)2. 2. Identify that such assistance was provided, if required by the department.

PI 35.12(2) (2) Inquiries. An auditor shall promptly respond to inquiries or requests made by the department. The auditor shall notify the school of any inquiries or requests made by the department and the auditor’s response.

PI 35.12(3) (3) Working papers retention. An auditor shall retain working papers relating to the enrollment audits under s. PI 35.07, the audit required under ss. PI 35.09 and 35.10, and the report on fiscal and internal control practices under s. PI 35.13 for at least 5 years from the due date of the financial audit, unless the department or a law enforcement agency requests the auditor to retain working papers for more than 5 years.

PI 35.12(4) (4) Working papers review. An auditor shall permit the department to review audit working papers prepared in support of the enrollment audits under s. PI 35.07, the audit required under ss. PI 35.09 and PI 35.10, and the report on fiscal and internal control practices under s. PI 35.13. The auditor shall promptly provide copies of working papers the department requests.

PI 35.12(5) (5) Auditor peer review report. An auditor completing any of the audits and agreed upon procedure reports under s. 119.23, Stats., or this chapter shall file the auditor’s peer review required under s. 442.087, Stats., with the department within 30 days of the report’s issuance.