Chapter PI 35

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.

PI 35.12(6) (6) License requirements.

PI 35.12(6)(a) (a) The auditing firm that is engaged by a school to complete the audits and agreed upon procedure reports under this chapter or s. 119.23, Stats., shall be licensed as a certified public accounting firm by the accounting examining board under ch. 442, Stats.

PI 35.12(6)(b) (b) The individual auditor who signs the engagement letter for the audits and agreed upon procedure reports under this chapter or s. 119.23, Stats., shall be a licensed certified public accountant by the accounting examining board under ch. 442, Stats.

PI 35.12(7) (7) Auditor bar.

PI 35.12(7)(a) (a) The department may bar an auditor who fails to timely and properly fulfill the auditing and reporting requirements of this chapter or s. 119.23, Stats.

PI 35.12(7)(b) (b) An auditor who is barred under par. (a) shall not complete accounting, auditing, or other reporting requirements for any school participating in a program under ss. 115.7915, 118.60, and 119.23, Stats., until such time as the auditor submits to the department evidence acceptable to the department that the auditor has made procedural changes to the manner in which the auditor conducts an audit and has successfully completed professional development training that will enable 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 35.12 History History: CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (3), (7) (b) made under s. 35.17, Stats., Register July 2016 No. 727; correction in (7) (a) made under s. 35.17, Stats., Register December 2016 No. 732; CR 19-120: am. (5) Register May 2020 No. 773, eff. 6-1-20.

PI 35.13 PI 35.13 Fiscal and internal control practices.

PI 35.13(1) (1) Financial accounting system. A school participating in the choice program shall use a double entry financial accounting system organized in a manner that enables preparation of the audit under ss. PI 35.09 and 35.10 and contains any other information necessary to fiscally manage the school. The accounting system shall identify all sources of funding a school uses in the school’s operation. The accounting system shall identify all of the following if the school receives revenue from the specified source:

PI 35.13(1)(a) (a) Revenue from pupils participating in the choice program.

PI 35.13(1)(b) (b) Revenue from parents or other privately paid tuition pupils.

PI 35.13(1)(c) (c) Revenue from the school district in which the school is located for instruction of pupils enrolled in the school.

PI 35.13(1)(d) (d) Revenue from the school district in which the school is located for transportation of the school’s pupils.

PI 35.13(1)(e) (e) Revenue from federal, state, and local governments.

PI 35.13(2) (2) School budget. A school shall complete all of the following:

PI 35.13(2)(a) (a) Annually by June 30, a budget for the following school year that contains all of the following:

PI 35.13(2)(a)1. 1. Anticipated enrollments for all pupils enrolled in the school.

PI 35.13(2)(a)2. 2. Anticipated enrollments for choice program pupils.

PI 35.13(2)(a)3. 3. Estimated total revenues and costs.

PI 35.13(2)(a)4. 4. Estimated amounts required under s. PI 35.10 (3) (a).

PI 35.13(2)(a)5. 5. A schedule of anticipated beginning and ending net assets.

PI 35.13(2)(a)6. 6. Identification of the contingent funding sources the school will use should actual enrollments be less than expected.

PI 35.13(2)(a)7. 7. Anticipated beginning and ending reserve balance.

PI 35.13(2)(b) (b) If a school’s actual third Friday in September enrollment for all pupils or for choice program pupils varies by 20 percent or 20 pupils, whichever is less, from the anticipated enrollments the school used in the budget required under par. (a), the school shall, annually by November 1, complete a revised budget containing all of the following:

PI 35.13(2)(b)1. 1. The information required in par. (a) that reflects revenues resulting from the school’s actual third Friday in September enrollment.

PI 35.13(2)(b)2. 2. Any other required budget changes related to the change in revenues resulting from the school’s actual third Friday in September enrollment.

PI 35.13(3) (3) Expense payment. A school shall pay in full all of the following as required by the written agreement or, if there is no written agreement, within 90 days of the receipt of the invoice or payment request:

PI 35.13(3)(a) (a) Amounts owed to vendors.

PI 35.13(3)(b) (b) Reimbursements to employees and other persons for expenses incurred on behalf of the school. A school may only reimburse an employee or other person if the employee or other person submits receipts supporting the reimbursement to the school and the request for reimbursement is made within the time period specified in the school’s written policy for reimbursement. The school shall retain a record of all reimbursements, including supporting receipts.

PI 35.13(4) (4) Employee compensation. A school shall do all of the following:

PI 35.13(4)(a) (a) Have a signed, written agreement for each employee stating the employee’s compensation. The agreement shall be signed by the employee and a representative of the school before the school makes the first payment to the employee for the school year.

PI 35.13(4)(b) (b) Provide each employee with a document that states the dates that the school will pay the employee. The school shall provide a copy of this document to the employee before the school makes the first payment required by the document.

PI 35.13(4)(c) (c) Provide a written document to the employee specifying any changes to a document under par. (a) or (b) before any change is effective. The written notification does not need to be signed. If the change is to the compensation for the employee, the written notification shall include all of the following:

PI 35.13(4)(c)1. 1. The dollar amount of the compensation change or how the compensation change will be calculated.

PI 35.13(4)(c)2. 2. If the compensation change is a one time amount that will be paid to the employee, the written notification shall specify when the one time compensation payment will be paid.

PI 35.13(4)(c)3. 3. If the compensation change is an ongoing change, the written notification shall specify the date the ongoing compensation change is effective.

PI 35.13(4)(d) (d) Make payments to employees based on the documents in pars. (a) to (c).

PI 35.13(5) (5) Financial internal control system. A school shall have an adequate system of financial internal controls which requires a school to do all the following:

PI 35.13(5)(a) (a) Deposit all receipts and pay all disbursements from a depository account maintained solely for the school’s purposes unless the operating organization’s financial accounting system separately identifies the school’s transactions and account balances. The depository account the school or its operating organization uses for school purposes shall be located in the state of Wisconsin.

PI 35.13(5)(b) (b) Maintain documentation as to the nature and source of all cash receipts.

PI 35.13(5)(c) (c) Use pre-numbered checks for all non-electronic school disbursements except those from a petty cash fund.

PI 35.13(5)(d) (d) Maintain invoices and payment requests supporting disbursements.

PI 35.13(5)(e) (e) Ensure that no checks or other withdrawals are denied due to insufficient funds.

PI 35.13(5)(f) (f) Authorize electronic fund transfers by the school in accordance with a policy established by the school.

PI 35.13(5)(g) (g) Reconcile the school’s bank accounts on a monthly basis.

PI 35.13(5)(h) (h) Establish a policy indicating what expenses will be included in eligible education expenses and the methods that will be used to allocate any expenses or government assistance revenues that are related to eligible education expenses and other activities.

PI 35.13(6) (6) Government agency filings and payments. A school shall be current with all of the following:

PI 35.13(6)(a) (a) Filing, payments, and withholdings payment requirements of the U.S. internal revenue service.

PI 35.13(6)(b) (b) Filing, payments, and withholdings payment requirements of the Wisconsin department of revenue.

PI 35.13(6)(c) (c) Filing and payment requirements of the Wisconsin department of workforce development.

PI 35.13(6)(d) (d) Filing and payment requirements of the Wisconsin department of financial institutions.

PI 35.13(6)(e) (e) Filing requirements of the Wisconsin department of safety and professional services.

PI 35.13(6)(f) (f) Auditing requirements of federal, state, and local government entities. The school shall submit to the department a copy of audit reports issued or revisions of such reports within 30 days of submission to the requiring government agency.

PI 35.13(7) (7) Liability insurance. A school shall have insurance coverage provided by an insurance company licensed to do business in the state of Wisconsin or by a non-profit, tax exempt mutual protective organization covering risks of schools of, and controlled by, a religious denomination. All coverage shall be on an occurrence form or a claims made basis. A school’s minimum insurance coverage shall be as follows:

PI 35.13(7)(a) (a) Worker’s compensation insurance as specified in ch. 102, Stats.