(9) “Parent” has the meaning given in s. 115.76 (12), Stats. (10) “Partial scholarship pupil” means a pupil who was determined to meet the application requirements of s. 115.7915, Stats., and this chapter, and is eligible for a payment under s. 115.7915 (4m) (e), Stats. PI 35.02(15m)(11) "Professional standards" means both of the following: PI 35.02(15m)(a) (a) Standards established by the accounting examining board under ch. 442, Stats. PI 35.02(15m)(b)(b) Standards issued by the comptroller general of the United States for engagements in which the use of generally accepted governmental auditing standards is required. (12) “Reserve” means the difference between the revenue received under s. 115.7915, Stats., and the amount of net eligible education expenses for special needs scholarship program pupils. (13) “Scholarship” means a payment under s. 115.7915 (4m), Stats. PI 35.02(1m)(16) “Special needs scholarship program administrator" means the person signing the notice of intent to participate form under s. PI 49.03 (3). PI 35.02(5)(17) “Special needs scholarship program” means the program established under s. 115.7915, Stats. PI 35.02(23)(18) “State superintendent” means the state superintendent of public instruction. (1) PRIVATE SCHOOL. A school participating in the special needs scholarship program shall be a private school as defined in s. 115.001 (3r), Stats. PI 35.03(1)(2) SPECIAL NEEDS SCHOLARSHIP PROGRAM ADMINISTRATOR. The special needs scholarship program administrator shall be one of the following: (a)
An owner of the school.(b)
PI 35.02(1m)(b)An individual appointed as the school’s special needs scholarship program administrator by the governing body of the organization operating the school. (3) NOTICE OF INTENT TO PARTICIPATE. Annually by March 1, a school that intends to participate in the special needs scholarship program in the following school year shall submit to the department a notice of intent to participate. The notice shall include all of the following:
PI 35.03(1)(b)The number of spaces the school has available for new applicants to the program.
(b) The number of full scholarship pupils and partial scholarship pupils that will continue to participate in the special needs scholarship program. The school shall include all special needs scholarship program pupils on the 2nd Friday in January count report submitted under s. PI 49.06 (5) unless the school has received written correspondence from the parent withdrawing the pupil from the special needs scholarship program. The school may only identify a pupil as a partial scholarship pupil if the pupil’s individualized education program team has determined that the pupil is no longer a child with a disability as specified under s. 115.7915 (4m) (e) 1., Stats., prior to the date the school submits its notice of intent to participate to the department. (c) The school’s special education program profile required under s. 115.7915 (6) (g), Stats. (d) The signature and mailing address of the special needs scholarship program administrator.
(e) The school’s agreement that it will use the plan established by the department for ensuring that it will select pupils on a random basis as required under s. 115.7915 (3) (b), Stats., from a new pool of applicants each school year. The school may give preference to siblings of pupils who are attending the school at the time the pupil applies. Note: The notice of intent to participate and special education program profile may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://sms.dpi.wi.gov/.
(4) BACKGROUND CHECKS. The school shall conduct a criminal background check prior to employing any individual at the school. The school shall conduct the criminal background check for all employees, including contracted individuals. The school may not employ any of the following individuals:
(a) Individuals who have engaged in immoral conduct as defined under s. 115.31 (1) (c), Stats. (b) Individuals who are not eligible for a teaching license under s. 118.19 (4), Stats. (5) CERTIFICATE OF OCCUPANCY.
(a) By May 1 prior to the first year a school participates in the special needs scholarship program, a school shall submit one of the following to the department for each of the locations of the school:
1. A certificate of occupancy issued by the municipality within which the building is located.
2. If the municipality within which the building is located does not issue certificates of occupancy, a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy.
3. A letter or form from the municipality within which the building is located that explains that the municipality does not issue certificates of occupancy.
(b) If a school moves to a new location or adds a new location, the school shall submit to the department one of the following before pupils attend the new location:
1. A certificate of occupancy issued by the municipality within which the building is located.
2. If the municipality within which the building is located does not issue certificates of occupancy, a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy.
3. A letter or form from the municipality within which the building is located that explains that the municipality does not issue certificates of occupancy.
(c)
A temporary certificate of occupancy does not meet the requirement of this subsection. (6) Accreditation Requirements. Annually by August 1, a school participating in the special needs scholarship program shall provide to the department a letter from the school’s accrediting agency stating that the school is accredited as of the date of the letter. The letter shall meet all of the following requirements:
(a) The letter shall include the following information:
1. The school’s name.
2. The school’s address for each location included in the accreditation.
3. The grades accredited.
4. A statement that the school is accredited as of the date of the letter.
(b) The letter shall be dated no earlier than the beginning of the school year.
(c) The letter shall be signed by an authorized member of the accrediting agency.
PI 49.04 Financial information and surety bond.
(1)
BOND REQUIREMENTS. The department shall calculate the amount of scholarships expected to be received by each school based on the number of pupils included in a school’s notice of intent to participate submitted under s. PI 49.03 (3). If a school expects to receive at least $50,000 in scholarships, the school shall do one of the following:(a) Annually by June 1 prior to the school year, provide a bond payable to the state of Wisconsin equal to 25 percent of the total amount of scholarships expected to be received by the school during the school year.
(b) Annually by March 1 prior to the school year, submit financial information to the department that demonstrates that the school has the ability to pay an amount equal to the total amount of scholarships expected to be received by the school during the school year, including all of the following:
1. A budget and cash flow report, on a form provided by the department, for the ensuing school year that contains all of the following:
a. Anticipated enrollments for all pupils enrolled in the school.
b. Anticipated enrollments for special needs scholarship program pupils.
c. Estimated total revenues and costs.
d. Estimated special needs scholarship program revenues and costs.
e. A schedule of anticipated beginning and ending net program assets.
2. A statement of whether the school has any past due amounts, interest, or penalties due to the U.S. internal revenue service, the Wisconsin department of workforce development, or the Wisconsin department of revenue. An amount must be disclosed even if it is in dispute. If a school has past due amounts, interest, or penalties due to a government entity, the school shall do all of the following:
a. Disclose to the department the outstanding amount owed.
b. Submit to the department statements or other correspondence from the government entity stating the amount the government entity claims is due, the amount in dispute, and nature of the amount due.
3. The most recent balance sheet and income statement for the legal entity of the school.
4. Bank statements for all cash and investment accounts included in the balance sheet required under subd. 3.
5. Any other information required by the department to determine the financial position of the school.
Note: The budget and cash flow report may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://sms.dpi.wi.gov/. (2) FINANCIAL INFORMATION REVIEW. The department shall review the financial information provided by a school under sub. (1) (b) and any other information available to the department to determine if the school meets the requirements under s. 115.7915 (6) (f) 2., Stats. In making a determination, the department shall remove the special needs scholarship program revenue from the school’s budget to determine if any of the following indicators exist: PI 35.048(1)(a)(a) The school has inadequate revenues and other financial resources to fund current operations in the budget submitted under sub. (1) (b). (
PI 35.048(1)(b)(b) The school has negative cash flows in any month in the budget submitted under sub. (1) (b). (c) The school has a negative net asset balance in the financial audit or in the budget submitted under sub. (1) (b).
(d) The school has a negative net current obligation in its financial audit or in the budget submitted under sub. (1) (b). The net current obligation shall be calculated as the current assets less the current liabilities.
(e) The school has a net operating loss in the financial audit or in the budget submitted under sub. (1) (b).
(f) The audit opinion statement included in the financial audit contains a qualification as to the school’s ability to continue as a going concern.
PI 35.048(1)(c)(g) The school failed to make payments to vendors as required by written agreement or, if there is no written agreement, within 90 days of invoice or payment request. The department shall consider this an indicator even if the school has entered into a payment plan with the vendor to pay the past due amount. (h) PI 35.048(1)(d)The school has past due amounts with government agencies, including payment of employee withholdings. The department shall consider this an indicator even if the school has entered into a payment plan with the government agency to pay the past due amount.
(i) The school failed to pay its employees as required by ch. 109, Stats., or written agreement with the employee. (3) INSUFFICIENT FINANCIAL INFORMATION. The department shall determine that a school does not meet the requirements under s. 115.7915 (6) (f) 2., Stats., if any of the indicators under sub. (2) exist. A school that does not meet the requirements under s. 115.7915 (6) (f) 2., Stats., shall provide a surety bond that meets the requirements under sub. (1) (a) by June 1 prior to the school year. (4) BOND CALL PROVISIONS. The department may call a bond submitted by a school under this section for any of the following reasons:
(a)
The school failed to timely file the financial audit or the reports required under s. PI 49.07 (1).(b)
The school failed to timely refund the department any amount certified due from the school under s. PI 49.07 (4).(c)
The school failed to timely refund the department the reserve balance as prescribed under s. PI 49.09. (d)
The school failed to timely refund the department any other money owed to the department for any other reason under this chapter or s. 115.7915, Stats.PI 49.05 Pupil application requirements.
