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)(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.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.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 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(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)(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 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)(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)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)(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)(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)(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)(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)(b)
(b) Swimming instruction programs, if taught or directed by a teacher at the site of the instruction.
PI 49.16(3)(c)
(c) 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 49.16(4)
(4) Pupil attendance requirements. A school may include a pupil in its summer school report if the pupil was a special needs scholarship program pupil on a count date during the school year immediately preceding the summer school instruction.
PI 49.16(5)
(5) Report. A school counting pupils for special needs scholarship program summer school payment purposes shall file a summer school report with the department listing the special needs scholarship program pupils who attended summer school and the number of days the pupils attended. The school shall report this information on a form provided by the department.
PI 49.16(6)
(6) Choice payment. A school may not receive a summer school payment under ss.
118.60 (4m) or
119.23 (4m), Stats., and a summer school payment under s.
115.7915 (4p), Stats., for the same pupil in the same school year.
PI 49.16 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;
EmR1815: emerg. cr., eff 7-1-18;
EmR1911: emerg. cr., eff. 7-1-19;
CR 19-095: cr.
Register March 2020 No. 771, eff. 4-1-20.
