Chapter PI 49

PI 49.04(5)(b)2. 2. The school shall file a bond with the department if the expected payment increases and the difference between the initial expected payment and the revised expected payment based on the number of scholarships available under subd. 1 is at least $50,000. The bond shall be payable to the state of Wisconsin and be equal to 25 percent of the difference between the initial expected payment and the revised expected payment based on the number of scholarships under subd. 1. This bond shall be filed with the department by the last weekday in August.

PI 49.04(5)(b)3. 3. A school may not accept more special needs scholarship program pupils than indicated on its notice of intent to participate under s. PI 49.03 (3) until the bond required under subd. 2. is filed with the department.

PI 49.04(5)(b)4. 4. After the last weekday in August, a school may not increase the number of scholarships available under this paragraph if either of the following apply:

PI 49.04(5)(b)4.a. a. If a bond was not filed under subd. 2., the revised expected payment is at least $50,000 more than the initial expected payment.

PI 49.04(5)(b)4.b. b. If a bond was filed under subd. 2., the revised expected payment is at least $50,000 more than the amount calculated under subd. 2.

PI 49.04(5)(c) (c) A school that had an initial expected payment of less than $50,000 may revise the number of scholarships available as follows:

PI 49.04(5)(c)1. 1. The school shall file with the department a school information update form with the revised number of scholarships available. The school information update form shall include the expected summer school payment for pupils participating in the special needs scholarship program based on the expected number of special needs scholarship program pupils that will participate in summer school identified in the school’s notice of intent to participate filed under s. PI 49.03 (3).

PI 49.04(5)(c)2. 2. The school shall file with the department a bond if the expected payment increases and the revised expected payment based on the number of scholarships available under subd. 1 is at least $50,000. The bond shall be payable to the state of Wisconsin and be equal to 25 percent of the revised expected payment based on the number of scholarships available under subd. 1. This bond shall be filed with the department by the last weekday in August.

PI 49.04(5)(c)3. 3. A school may not accept more special needs scholarship program pupils than indicated on its notice of intent to participate under s. PI 49.03 (3) until the bond required under subd. 2. is filed with the department.

PI 49.04(5)(c)4. 4. After the last weekday in August, a school may not increase the total number of scholarships available under this paragraph if either of the following apply:

PI 49.04(5)(c)4.a. a. If a bond was not filed under subd. 2., the revised expected payment is at least $50,000.

PI 49.04(5)(c)4.b. b. If a bond was filed under subd. 2., the revised expected payment is at least $50,000 more than the amount calculated under subd. 2.

PI 49.04(5)(d) (d) A school that files a revised school information update form under this subsection may not remove an available scholarship for which it has already received an application under s. PI 49.05 (3) or a transfer request under s. PI 49.05 (5) (b) unless the application or transfer request has been determined ineligible.

PI 49.04(5)(e) (e) Pupils that are determined eligible under s. PI 49.05 (4) (a) or (5) (c) 1. for whom there is no scholarship available until the requirements in par. (a), (b) or (c) are met shall be placed on the waiting list as specified under s. PI 49.05 (4) (c) 2. for applications and s. PI 49.05 (5) (c) 2. for transfer requests.

PI 49.04 Note Note: The school information update 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.

PI 49.04 History History: EmR1619: emerg. cr., eff. 6-2-16; CR 16-005: cr., Register October 2016 No. 730, eff. 11-1-16; EmR1630: emerg. r. (5), eff. 11-1-16; CR 16-066: r. (5) Register April 2017 No. 736, eff. 5-1-17; EmR1815: emerg. r. and recr. (1), cr. (1m), am. (2) (intro.), (a) to (e), (3) (c), cr. (5), eff 7-1-18; EmR1911: emerg. r. and recr. (1), cr. (1m), am. (2) (intro.), (a) to (f), (3) (c), (4) (intro.), cr. (5), eff. 7-1-19; CR 19-095: r. and recr. (1), cr. (1m), am. (2) (intro.), (a) to (f), (3) (c), (4) (intro.), cr. (5) Register March 2020 No. 771, eff. 4-1-20.

PI 49.05 PI 49.05 Pupil application requirements.

PI 49.05(1) (1) Explanation of rights and special education program profile. When an applicant applies to a school, the school shall provide the applicant with all of the following:

PI 49.05(1)(a) (a) An explanation of the rights of a child with a disability and his or her parent in a public school compared to the rights of a child with a disability and his or her parent at a private school participating in a special needs scholarship program on a document provided by the department under s. 115.7915 (4) (am), Stats.

PI 49.05(1)(b) (b) The profile of the school’s special education program required under s. PI 49.03 (3) (c).

PI 49.05(2) (2) Age requirement. In order to be eligible for the special needs scholarship program, a 4-year-old kindergarten pupil, 5-year-old kindergarten pupil, and a first grade pupil shall attain the ages specified in s. 118.14 (1), Stats.

PI 49.05(3) (3) Application receipt. An application shall be considered received under s. 115.7915 (3) (b), Stats., when an applicant has submitted all of the following to the school:

PI 49.05(3)(a) (a) An application.

PI 49.05(3)(b) (b) Residency documentation.

PI 49.05 Note Note: The application may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/special-needs-scholarship.

PI 49.05(4) (4) Application eligibility determination. Within 21 days of receiving an application under sub. (3), the special needs scholarship program administrator or designee shall do all of the following:

PI 49.05(4)(a) (a) Determine if the application is eligible pending the verification under par. (b) 1. by verifying all of the following:

PI 49.05(4)(a)1. 1. The address on the pupil’s application is in the Wisconsin school district listed on the application using the state of Wisconsin’s Statewide Voter Registration System or any another source permitted by the department.

PI 49.05(4)(a)2. 2. The residency document submitted under sub. (3) (b) is one of the residency documents specified by the department that shows the pupil resides at the address on the application at the time of application. The residency document shall be dated no earlier than 3 months prior to the date the application is submitted under sub. (3) (a). If a school receives a lease agreement as a residency document, the lease term shall include the date the application was submitted under sub. (3) (a). The document shall contain the name of the parent on the application and match the address on the application.

PI 49.05(4)(b) (b) If the application is determined eligible under par. (a) and the school has an available scholarship for the pupil, the school shall do all of the following:

PI 49.05(4)(b)1. 1. Send an email to the local education agency that developed the pupil’s individualized education program or services plan requesting that the local education agency verify the pupil has an individualized education program or services plan that meets the requirements under sub. (7).

PI 49.05(4)(b)2. 2. Send an email to the pupil’s resident school district notifying it that, pending verification that the requirements of sub. (7) are met, the child will be awarded a scholarship under s. 115.7915, Stats.

PI 49.05(4)(c) (c) Notify an applicant in writing if one of the following occurs:

PI 49.05(4)(c)1. 1. The application under sub. (3) is determined ineligible. The school shall state in its letter the reasons why the application is ineligible.

PI 49.05(4)(c)2. 2. The application under sub. (3) is determined eligible but the school does not have a scholarship available for the pupil. The school shall state in the letter the pupil’s place on the school’s waiting list.

PI 49.05 Note 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.

PI 49.05(5) (5) Transfer requests.

PI 49.05(5)(a) (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.

PI 49.05(5)(b) (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:

PI 49.05(5)(b)1. 1. A transfer request form.

PI 49.05(5)(b)2. 2. Residency documentation.

PI 49.05(5)(b)3. 3. Individualized education program or services plan.

PI 49.05(5)(c) (c) Within 21 days of receiving a transfer request under par. (b), the special needs scholarship program administrator or designee shall do all of the following:

PI 49.05(5)(c)1. 1. Determine if the transfer request is eligible by verifying all of the following:

PI 49.05(5)(c)1.a. a. The address on the pupil’s transfer request is in the Wisconsin school district listed on the transfer request using the state of Wisconsin’s Statewide Voter Registration System or another source permitted by the department.

PI 49.05(5)(c)1.b. b. The residency document submitted under par. (b) 2. is one of the residency documents specified by the department that shows the pupil resides at the address on the transfer request at the time the pupil applies. The residency document shall be dated no earlier than 3 months prior to the date the transfer request is submitted under par. (b). If a school receives a lease agreement as a residency document, the lease term shall include the date the transfer request was submitted under par. (b). The document shall contain the name of the parent on the transfer request and match the address on the transfer request.

PI 49.05(5)(c)1.c. c. The pupil was a special needs scholarship program pupil on the most recent count date based on the department’s response to the email request under subd. 1m.

PI 49.05(5)(c)1m. 1m. Send an email to the department requesting verification that the student was a special needs scholarship program pupil on the most recent count date.

PI 49.05(5)(c)2. 2. Notify an applicant in writing if 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 a scholarship available for the pupil, the school shall state in the letter the pupil’s place on the school’s waiting list.

PI 49.05 Note Note: The transfer request 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.

PI 49.05(6) (6) Sibling preference.

PI 49.05(6)(a) (a) A school may give an application under sub. (3) or a transfer request under sub. (5) from a sibling of a pupil who is already attending the school preference over either of the following:

PI 49.05(6)(a)1. 1. An application under sub. (3), if the school has not yet sent either of the emails required under sub. (4) (b).

PI 49.05(6)(a)2. 2. A transfer request under sub. (5), if the school has not sent the letter of acceptance under sub. (5) (c) 2.

PI 49.05(6)(b) (b) A school shall determine the eligibility of a sibling receiving preference under par. (a) before the date the school is required to determine the eligibility, under sub. (4) or (5), of any application or transfer request the sibling is given preference over.

PI 49.05(6)(c) (c) If the school is unable to determine if the sibling application or transfer request is eligible within the time period required under par. (b), the school must accept the applications and transfer requests in the order they were received.

PI 49.05(7) (7) Individualized education program or services plan in effect. A pupil shall be determined to have an individualized education program or services plan in effect if the pupil meets one of the following:

PI 49.05(7)(a) (a) A local education agency is implementing the individualized education program or services plan at the time the school receives an application as provided under sub. (3).

PI 49.05(7)(b) (b) A local education agency developed the individualized education program or services plan no earlier than 3 years prior to September 15 of the school term for which the student submits an application under sub. (3), and there has not been a more recent reevaluation that determined the student no longer has a disability.

PI 49.05(7g) (7g) Local education agency verification. The local education agency that developed the pupil’s individualized education program or services plan shall provide one of the following to the school within 5 business days of receiving the request under sub. (4) (b) 1.:

PI 49.05(7g)(a) (a) If the pupil has an individualized education program or services plan that meets the requirements under sub. (7), the local education agency shall send a copy of the individualized education program or services plan to the school as verification that the pupil meets the requirement under sub. (7).

PI 49.05(7g)(b) (b) If the pupil does not have an individualized education program or services plan that meets the requirements under sub. (7), the local education agency shall send an email or other written correspondence to the school indicating that the pupil does not meet the requirement under sub. (7).

PI 49.05(7r) (7r) Letter of acceptance or denial. Within 7 days of receiving the verification under sub. (7g), the special needs scholarship program administrator or designee shall notify the applicant, in writing, whether the 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.

PI 49.05(8) (8) Scholarship continuance. Except as provided under sub. (9), a scholarship awarded to a pupil under this chapter shall continue until any of the following occur:

PI 49.05(8)(a) (a) The pupil graduates from high school.

PI 49.05(8)(b) (b) The pupil attains the age of 21. A pupil who attains the age of 21 shall receive the scholarship until the end of the school term in which the pupil attains the age of 21.

PI 49.05(8)(c) (c) The pupil no longer resides in Wisconsin as of the third Friday in September.

PI 49.05(8)(d) (d) The pupil is 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.

PI 49.05(8)(e) (e) A student who has been determined to no longer have a disability leaves the school he or she is attending.

PI 49.05(9) (9) Summer school attendance. A pupil may attend summer school at a different school and continue to receive a special needs scholarship program scholarship. The school the pupil attends under this subsection may not receive a special needs scholarship program payment under s. PI 49.16 for the pupil.

PI 49.05 History History: EmR1619: emerg. cr., eff. 6-2-16; CR 16-005: cr., Register October 2016 No. 730, eff. 11-1-16; correction in (1) (title) made under s. 35.17, Stats., Register October 2016 No. 730; EmR1630: emerg. am. (4) (intro.), (c) 2., r. and recr. (5) (a), (b), am. (5) (c) (intro.), renum. (5) (c) 2. (intro.) to (5) (c) 2. and am., r. (5) (c) 2. a., b., (d), am. (7) (a), r. and recr. (7) (b), cr. (7) (c), (d), eff. 11-1-16; CR 16-066: am. (4) (intro.), (c) 2., r. and recr. (5) (a), (b), am. (5) (c) (intro.), renum. (5) (c) 2. (intro.) to (5) (c) 2. and am., r. (5) (c) 2. a., b., (d), am. (7) (a), r. and recr. (7) (b), cr. (7) (c), (d) Register April 2017 No. 736, eff. 5-1-17; EmR1815: emerg. am. (1) (a), r. (3) (c), am. (4) (a) (intro.), r. (4) (a) 3., renum. (4) (b) to (4) (b) (intro.) and am., cr. (4) (b) 1., 2., renum. (5) (c) 1. to (5) (c) 1. (intro.) and am., cr. (5) (c) 1. a., b., 1m., renum. (6) (a) to (6) (a) (intro.) and am., am. (6) (c), r. and recr. (7), am. (8) (intro.), cr. (8) (e), (9), eff 7-1-18; EmR1911: emerg. am. (1) (a), r. (3) (c), am. (4) (a) (intro.), 2., r. (4) (a) 3., renum. (4) (b) to (4) (b) (intro.) and am., cr. (4) (b) 1., 2., renum. (5) (c) 1. to (5) (c) 1. (intro.) and am., cr. (5) (c) 1. a. to c., 1m., renum. (6) (a) to (6) (a) (intro.) and am., am. (6) (c), cr. (7g), (7r), am. (8) (intro.), cr. (8) (e), (9), eff. 7-1-19; CR 19-095: am. (1) (a), r. (3) (c), am. (4) (a) (intro.), 2., r. (4) (a) 3., renum. (4) (b) to (4) (b) (intro.) and am., cr. (4) (b) 1., 2., am. (4) (c) 2., renum. (5) (c) 1. to (5) (c) 1. (intro.) and am., cr. (5) (c) 1. a. to c., 1m., am. (5) (c) 2., renum. (6) (a) to (6) (a) (intro.) and am., am. (6) (c), r. and recr. (7), cr. (7g), (7r), am. (8) (intro.), cr. (8) (e), (9) Register March 2020 No. 771, eff. 4-1-20.

PI 49.06 PI 49.06 School year enrollment.

PI 49.06(1) (1) Document retention. A school shall retain all of the following records for at least 5 years from the end of the school year in which the pupil applies or 5 years after the pupil no longer attends the school, whichever occurs later, unless the department or a law enforcement agency requires the school to retain the records for a longer period:

PI 49.06(1)(a) (a) Copies of all documentation required under s. PI 49.05 for all accepted and non-accepted special needs scholarship program pupils who have submitted applications or transfer requests to the school.

PI 49.06(1)(b) (b) Copies of any documentation received for reevaluations under s. 115.7915 (2) (h), Stats.

PI 49.06(1)(c) (c) Copies of all documents required under s. PI 49.12.

PI 49.06(2) (2) Simultaneously enrolled pupil. Except as provided under s. PI 49.05 (9), a pupil participating in the special needs scholarship program may not receive a scholarship 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 scholarship under s. 115.7915, Stats., may not receive a payment under s. 118.60 or 119.23, Stats.

PI 49.06(3) (3) Full-time equivalent. The full-time equivalent shall be determined as follows:

PI 49.06(3)(a) (a) Pupils in grades one through 12 shall be one full-time equivalent.

PI 49.06(3)(b) (b) A kindergarten pupil shall be one-half full-time equivalent except as follows:

PI 49.06(3)(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 49.06(3)(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 49.06(3)(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 49.06(3)(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 49.06(3)(b)4. 4. For purposes of this subsection, “full-day” means the following:

PI 49.06(3)(b)4.a. a. If the private school offers first grade and is participating in a program under s. 118.60 or 119.23, Stats., 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 49.06(3)(b)4.b. b. If the private school does not participate in a program under s. 118.60 or 119.23, Stats., the length of the school day required to meet the total number of hours of instruction for first grade pupils at the private school under s. 118.165 (1) (c), Stats.

PI 49.06(3)(b)4.c. c. If the private school does not offer first grade and is participating in a program under s. 118.60 or 119.23, Stats., 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 49.06(3m) (3m) Application and transfer request submission. By the next filing deadline, a school shall file with the department, using the online application system or other manner specified by the department, all of the applications determined eligible under s. PI 49.05 (4) and (7r) or transfer requests accepted under s. PI 49.05 (5) that have not previously been filed with the department. The filing deadlines are the second Friday in August, the last weekday in August, the third Friday in September, or the second Friday in January.