Chapter PI 49

PI 49.12 History History: EmR1619: emerg. cr., eff. 6-2-16; CR 16-005: cr., Register October 2016 No. 730, eff. 11-1-16.

PI 49.13 PI 49.13 State aid payment calculation. The state superintendent shall make the payments under s. 115.7915 (4m) and (4p), Stats., to schools participating in the special needs scholarship program. The state superintendent may withhold payment from a school under s. 115.7915 (4m) and (4p), Stats., if the school violates this chapter or s. 115.7915, Stats. The state superintendent shall make the payments as follows:

PI 49.13(1) (1) September payment. The September payment shall be based on the number of special needs scholarship program pupils at the school reported under s. PI 49.06 (4). The state superintendent shall calculate the September payment as 25% times the total of all of the following:

PI 49.13(1)(a) (a) The full-time equivalent for full scholarship pupils multiplied by the per pupil payment amount determined under s. 115.7915 (4m) (a), Stats.

PI 49.13(1)(b) (b) The full-time equivalent for partial scholarship pupils, as reported under s. PI 49.06 (4) (b), multiplied by the per pupil payment amount determined under s. 115.7915 (4m) (e), Stats.

PI 49.13(1)(c) (c) The prior year actual cost for pupils, as reported by the school under sub. (7), and as calculated under s. 115.7915 (4m) (a) 3. and (cm), Stats.

PI 49.13(2) (2) November payment. The November payment shall be based on the number of special needs scholarship program pupils reported in the school’s pupil count report for the third Friday in September required under s. PI 49.06 (5) (b), unless a pupil is determined ineligible by the department. The state superintendent shall calculate the November payment as 50 percent times the amount owed for eligible pupils less the September payment received. The state superintendent shall calculate the amount owed for eligible pupils as the total of all of the following:

PI 49.13(2)(a) (a) The full-time equivalent for full scholarship pupils multiplied by the per pupil payment amount determined under s. 115.7915 (4m) (a), Stats.

PI 49.13(2)(b) (b) The full-time equivalent for partial scholarship pupils, as reported under s. PI 49.06 (4) (b), multiplied by the per pupil payment amount determined under s. 115.7915 (4m) (e), Stats.

PI 49.13(2)(c) (c) The prior year actual cost for pupils, as reported by the school under sub. (7), and as calculated under s. 115.7915 (4m) (a) 3. and (cm), Stats.

PI 49.13(2m) (2m) Summer school payment. The November payment shall include any payments due to the school for summer school instruction of special needs scholarship pupils in the immediately preceding summer as indicated in the report filed under s. 115.7915 (6) (k), Stats., unless otherwise determined ineligible by the department.

PI 49.13(3) (3) February and may payments. The February payment and May payment shall each be based on the number of special needs scholarship program pupils reported in the school’s pupil count report for the second Friday in January required under s. PI 49.06 (5) (b), unless a pupil is determined ineligible by the department. The state superintendent shall calculate the February and May payments as 25 percent times the total of all of the following:

PI 49.13(3)(a) (a) The full-time equivalent for full scholarship pupils multiplied by the per pupil payment amount determined under s. 115.7915 (4m) (a), Stats.

PI 49.13(3)(b) (b) The full-time equivalent for partial scholarship pupils, as reported under s. PI 49.06 (4) (b), multiplied by the per pupil payment amount determined under s. 115.7915 (4m) (e), Stats.

PI 49.13(3)(c) (c) The prior year actual cost for pupils, as reported by the school under sub. (7), and as calculated under s. 115.7915 (4m) (a) 3. and (cm), Stats.

PI 49.13(4) (4) Ceased instruction. The state superintendent may not make a September, November, or February payment to a school that has ceased instruction prior to the payment date.

PI 49.13(5) (5) Ending a school term early. The state superintendent may not make a May payment to a school that has ceased instruction prior to the end of its scheduled school term unless the school obtained prior written approval from the department to end the school term early.

PI 49.13(6) (6) Amount due to department. A school shall refund an amount due to the department under this chapter or s. 115.7915, Stats., as follows:

PI 49.13(6)(a) (a) If the school is currently eligible to receive special needs scholarship program payments, the department shall reduce the payments made under s. 115.7915 (4m) and (4p), Stats., by the amount owed. If reducing a payment made under s. 115.7915 (4m) and (4p), Stats., is insufficient to pay the amount owed, the school shall pay the remaining amount within 60 days of the date of the notice to the school of the amount due.

PI 49.13(6)(b) (b) If the school is not currently eligible to receive special needs scholarship program payments, the school shall refund the department within 60 days of the date of the notice to the school of the amount due.

PI 49.13(7) (7) Statement of actual cost.

PI 49.13(7)(a) (a) By the third Friday in July, a school may submit a statement of actual costs on a form provided by the department for a special needs scholarship program pupil. The statement of actual costs shall calculate the actual costs for the pupil as the costs for the pupil under par. (b) less any government assistance revenue received for educational programming for the pupil. Government assistance revenue under this paragraph shall include the forgiven portion of Paycheck Protection Program loans administered by the U.S. small business administration under 15 USC 636 if the amount is forgiven by October 15 following the school year the expenses were incurred. If the payment amount for the pupil based on the statement of actual costs is less than the payment amount calculated under s. 115.7915 (4m) (a) 2. b., Stats., the payment for the pupil shall be calculated as specified under s. 115.7915 (4m) (a) 2. b., Stats.

PI 49.13(7)(b) (b) The statement of actual cost may only include costs that meet at least one of the following criteria:

PI 49.13(7)(b)1. 1. The cost was incurred to provide the services identified in the pupil’s individualized education program or services plan.

PI 49.13(7)(b)2. 2. The cost was incurred to provide specially designed instruction, regardless of where the instruction is conducted, that is provided to meet the unique needs of a child with a disability, including instruction in physical education.

PI 49.13(7)(b)3. 3. The cost was incurred to provide aids, services and other supports that are provided in regular education classes or other education-related settings to enable a child with a disability to be educated with nondisabled children to the maximum extent appropriate.

PI 49.13(7)(b)4. 4. The cost was incurred to provide transportation or such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education, including all of the following:

PI 49.13(7)(b)4.a. a. Speech-language pathology and audiology services.

PI 49.13(7)(b)4.b. b. Interpreting services.

PI 49.13(7)(b)4.c. c. Psychological services.

PI 49.13(7)(b)4.d. d. Physical and occupational therapy.

PI 49.13(7)(b)4.e. e. Recreation, including therapeutic recreation.

PI 49.13(7)(b)4.f. f. Social work services.

PI 49.13(7)(b)4.g. g. School nursing services designed to enable a child with a disability to receive an education as described in the agreement of services required under s. 115.7915 (6) (h) 1., Stats.

PI 49.13(7)(b)4.h. h. Counseling services, including rehabilitative counseling.

PI 49.13(7)(b)4.i. i. Orientation and mobility services.

PI 49.13(7)(b)4.j. j. Medical services for diagnostic and evaluative purposes only.

PI 49.13(7)(b)4.k. k. The early identification and assessment of disabling conditions in children.

PI 49.13(7)(b)5. 5. The cost was incurred to provide services or activities for school personnel to meet the unique needs of a child with a disability.

PI 49.13(7)(c) (c) Notwithstanding par. (b) 4., the cost of a medical device that is surgically implanted or the replacement of such a device may not be included in the statement of actual cost.

PI 49.13(7)(d) (d) The statement of actual costs may only include costs that meet the eligible education expense requirements under s. PI 49.09 (1).

PI 49.13(7)(e) (e) The statement of actual costs may only include costs for a pupil incurred after the pupil is accepted into the special needs scholarship program at the school under s. PI 49.05 (5) (c) 2. or (7r).

PI 49.13(7)(f) (f) Only the school that submitted the statement of actual costs under par. (a) may receive the per pupil payment based on the actual cost in the statement in the subsequent school year under subs. (1), (2), and (3).

PI 49.13 Note Note: The statement of actual cost 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 49.13 History History: EmR1619: emerg. cr., eff. 6-2-16; CR 16-005: cr., Register October 2016 No. 730, eff. 11-1-16; EmR1815: emerg. am. (intro.), (2) (intro.), cr. (2m), (6), (7), eff 7-1-18; EmR1911: emerg. am. (intro.), cr. (1) (c), am. (2) (intro.), cr. (2) (c), (2m), am. (3) (intro.), cr. (3) (c), (6), (7), eff. 7-1-19; CR 19-095: am. (intro.), cr. (1) (c), am. (2) (intro.), cr. (2) (c), (2m), am. (3) (intro.), cr. (3) (c), (6), (7) Register March 2020 No. 771, eff. 4-1-20; correction in (7) (c) made under s. 35.17, Stats., Register March 2020 No. 771; correction in (7) (e) made under s. 13.92 (4) (b) 7., Stats., Register January 2021 No. 781; EmR2117: emerg. am. (7) (a), eff. 6-12-21; CR 21-046: am. (7) (a) Register February 2022 No. 794, eff. 3-1-22.

PI 49.14 PI 49.14 Department authority.

PI 49.14(1) (1) Inquiries. The department may make inquiries to ascertain the accuracy and completeness of information contained in audits or reports required under s. 115.7915, Stats., or this chapter. Schools and auditors shall promptly respond to inquiries made by the department.

PI 49.14(2) (2) Training. The department may provide training to school staff and auditors. The department may charge a reasonable fee for providing training under this subsection.

PI 49.14(3) (3) Pupil confidentiality. The department shall maintain pupil confidentiality at all times.

PI 49.14(4) (4) Order to bar. The department may issue an order barring a private school from participating in the special needs scholarship program if the department determines that the school has done any of the following:

PI 49.14(4)(a) (a) Failed to submit the financial audit or financial audit supplemental schedule in two or more years by the date specified in s. PI 49.08.

PI 49.14(4)(b) (b) Submitted a financial audit or financial audit supplemental schedule that does not comply with the requirements under s. PI 49.08 or 49.09 in two or more instances in the same year or in different years.

PI 49.14(4)(c) (c) Excluded liabilities, whether or not the school disputes the amount owed, from the financial information required under s. 115.7915 (6) (f) 2., Stats., and s. PI 49.04 (1m) (b).

PI 49.14(4)(d) (d) Included assets in the financial information filed under s. 115.7915 (6) (f) 2., Stats., and s. PI 49.04 (1m) (b) that exceed the assets of the school.

PI 49.14(4)(e) (e) Failed to file a bond required under s. PI 49.04 for 3 consecutive months after the date the bond is due.

PI 49.14(4)(f) (f) Failed to conduct background checks required under s. PI 49.03 (4) for two or more individuals.

PI 49.14(4)(g) (g) Employed an individual in violation of s. PI 49.03 (4) (d) 1. or 2.

PI 49.14 History History: EmR1619: emerg. cr., eff. 6-2-16; CR 16-005: cr., Register October 2016 No. 730, eff. 11-1-16; correction in (4) (b), (g) made under s. 35.17, Stats., Register October 2016 No. 730l; EmR1815: emerg. am. (4) (c), (d), (g), eff 7-1-18; EmR1911: emerg. am. (4) (a) to (e), (g), eff. 7-1-19; CR 19-095: am. (4) (a) to (e), (g) Register March 2020 No. 771, eff. 4-1-20.

PI 49.15 PI 49.15 Right to a request a hearing.

PI 49.15(1) (1) Who may request. A person or school adversely affected by an action of the department under this chapter or s. 115.7915, Stats., may request a contested case hearing on that action. A request for a contested case hearing shall be filed with the office of legal services within 14 days of the date of the department’s action.

PI 49.15 Note Note: See s. 227.42, Stats. A request for a contested case hearing may be filed with the office of legal services at the following address:

PI 49.15 Note Office of Legal Services

PI 49.15 Note Wisconsin Department of Public Instruction

PI 49.15 Note 125 S. Webster St.

PI 49.15 Note PO Box 7841

PI 49.15 Note Madison, WI 53707-7841

PI 49.15(2) (2) Request form.

PI 49.15(2)(a) (a) A request for a contested case hearing under sub. (1) shall be in writing and shall describe all of the following:

PI 49.15(2)(a)1. 1. The department action on which a hearing is requested.

PI 49.15(2)(a)2. 2. The requester’s substantial interest claimed to be adversely affected.

PI 49.15(2)(a)3. 3. How the department’s action adversely affected the requester’s substantial interest.

PI 49.15(2)(a)4. 4. The grounds for the hearing request, including each of the specific material facts or legal issues that are in dispute. Any material fact or legal issue that is not disputed shall be deemed admitted.

PI 49.15(2)(a)5. 5. The relief sought.

PI 49.15(2)(b) (b) Upon the request of the department, the person or school who filed a request for a hearing under sub. (1) shall provide the department with any additional clarifying information the department determines is necessary to decide whether to grant or deny a hearing request.

PI 49.15(3) (3) Granting or denying request.

PI 49.15(3)(a) (a) The department shall grant or deny a request for a contested case hearing under sub. (1) within 20 days after a request is filed, unless the person or school requesting the hearing agrees to an extension of time. The department may grant a request for a contested case hearing if, upon preliminary review, it appears that all of the following apply:

PI 49.15(3)(a)1. 1. The department has jurisdiction over the matter.

PI 49.15(3)(a)2. 2. The request for a hearing complies with the requirements under subs. (1) and (2).

PI 49.15(3)(a)3. 3. The requester is entitled to a hearing under s. 227.42, Stats.

PI 49.15(3)(b) (b) Any action taken by the department which is contested under sub. (1) shall remain in effect until the state superintendent issues a final decision and order under s. 227.47, Stats.

PI 49.15(4) (4) Transcript.

PI 49.15(4)(a) (a) Upon filing a written request with the department, any party in a contested case hearing may obtain a written transcript of the hearing. Except as provided in par. (b), the department shall charge the requesting party the actual cost to produce the transcript.

PI 49.15(4)(b) (b) The department may provide a written transcript free of charge to a requesting party if the requesting party demonstrates, to the department’s satisfaction, that the requesting party is indigent and has a legal need for the transcript.

PI 49.15 History History: EmR1619: emerg. cr., eff. 6-2-16; CR 16-005: cr., Register October 2016 No. 730, eff. 11-1-16; correction in (2) (a) 2., (3) (a) 3. made under s. 35.17, Stats., Register October 2016 No. 730.

PI 49.16 PI 49.16 Summer school attendance and payment.

PI 49.16(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 49.16(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 49.16(3) (3) Program requirements. A school may count any of the following as instruction for academic purposes:

PI 49.16(3)(a) (a) Music programs, lessons, sections, or clinics.