Wisconsin Legislature: 001 - EmR1608 Rule Text

(19) “Professional standards” means both of the following:

(a) Standards established by the accounting examining board under ch. 442, Stats.

(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.

(20) “Racine parental choice program” means the program established under s. 118.60, Stats., for pupils residing in Racine Unified School District.

(21) “Reserve” means the difference between the revenue received under ss. 118.60 and 119.23, Stats., and the amount of net eligible education expenses for private school choice program pupils.

(22) “School term” has the meaning given in s. 115.001 (12), Stats.

(23) “School year” has the meaning given in s. 115.001 (13), Stats.

(24) “Significant academic progress” means a pupil demonstrates the following:

(a) Improvement in reading and mathematics in comparison to the pupil’s performance level in the previous school year.

(b) Satisfactory performance on at least 50% of any new instructional concepts in reading and mathematics the school introduced during each of the current school year semesters, and the level of attainment is documented in a written record of performance at the beginning, mid-point and end of each semester.

(25) “Standardized achievement test” means a published, nationally normed test that provides a valid and reliable measure of a pupil’s present achievement level in comparison with age or grade level cohorts.

(26) “State superintendent” means the state superintendent of public instruction.

(27) “Wisconsin parental choice program” means the program established under s. 118.60 Stats., for pupils who reside in Wisconsin but do not reside in the Racine Unified School District or in the city of Milwaukee.

PI 48.03 School requirements.

(1) PRIVATE SCHOOL. A school participating in the choice program shall be a private school as defined in s. 118.165, Stats.

(2) CHOICE ADMINISTRATOR. The Choice administrator shall be one of the following:

(a) An owner of the school.

(b) An individual appointed as the school’s choice administrator by the governing body of the organization operating the school.

(3) NOTICE OF INTENT TO PARTICIPATE. Except as provided under sub. (5), annually by January 10, a school that intends to participate in the private school choice programs in the following school year shall submit to the department a notice of intent to participate.

(a) The notice shall include all of the following:

1. Except as provided in par. (b), the school’s plan for ensuring it will select pupils on a random basis as required under s. 118.60 (3) (a), Stats., from a new pool of applicants each school year. The school’s plan shall be one of the following:

a. The plan provided by the department.

b. The plan provided by the school and approved by the state superintendent. If the school makes a change to the random selection plan in a subsequent school year, the school shall submit, with the school’s notice of intent to participate, the revised plan to the state superintendent for approval.

2. The number of spaces the school has available for pupils participating in each private school choice program in which the school participates.

3. The open application periods during which the school will accept private school choice program pupil applications. After January 10, a school may not amend the open application periods it selects.

4. The name and location of the accredited institution of higher education from which the choice administrator received at least a bachelor’s degree and the date the degree was received, the number of the choice administrator’s teaching or administrator license issued by the department, or an indication that the administrator is excluded from the requirement under s. 118.60 (2) (c) 2., Stats.

5. The signature and mailing address of the choice administrator.

(b) A school only participating in the Wisconsin parental choice program is not required to submit the random selection plan in par. (a) 1. in the 2016-17 and 2017-18 school years.

(4) NEW PRIVATE SCHOOLS. A new private school shall submit the following to the department by January 10 of the school year immediately preceding the school year that the school intends to participate in the private school choice programs:

(a) The school’s plan for ensuring it will select pupils on a random basis as required under s. 118.60 (3) (a), Stats., from a new pool of applicants each school year. The school’s plan shall be one of the following:

1. The plan provided by the department.

2. The plan provided by the school and approved by the state superintendent.

(b)

The number of spaces the school has available for pupils participating in each private school choice program in which the school participates.

(c) The open application periods during which the school will accept private school choice program pupil applications. After January 10, a school may not amend the open application periods it selects.

(d) The name and location of the accredited institution of higher education from which the choice administrator received at least a bachelor’s degree and the date the degree was received, the number of the choice administrator’s teaching or administrator license issued by the department, or an indication that the administrator is excluded from the requirement under s. 118.60 (2) (c) 2., Stats.

(e) The signature and mailing address of the choice administrator.

(5) New Private schools notice of intent to participate. A new private school shall submit to the department a new private school’s notice of intent to participate no later than August 1 of the school year immediately preceding the school year that the school intends to participate in the private school choice programs. The notice shall include all of the following:

(a) The mailing address of the choice administrator of the school, if the school does not have a physical property where the school plans to operate.

(b) The name and location of the accredited institution of higher education from which the choice administrator received at least a bachelor’s degree and the date the degree was received, the number of the choice administrator’s teaching or administrator license issued by the department, or an indication that the administrator is excluded from the requirement under s. 118.60 (2) (c) 2., Stats.

Note: The Notice of School’s Intent to Participate forms may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

(6) Continuing eligibility.

(a) Annually by August 1 of the school year immediately preceding the school year in which the school intends to participate, a new private school shall submit a statement to the department in the manner prescribed by the department stating which standard under s. 118.60 (7) (a), Stats., the school intends to meet.

(b) Annually by October 15, a school participating in the choice program shall submit a report to the department for each choice program in which it participates that states which of the following standards the school intends to meet and the criteria the school will use to meet the continuing eligibility standards specified under s. 118.60 (7) (a), Stats.,:

1. At least 70% of the choice program pupils attending the school advance one grade level each school year. In this subdivision, "advance one grade level" means successful completion of at least four credits or the equivalent as approved by the state superintendent during each school year. For pupils in grades kindergarten through 8, the participating school shall ensure each pupil who has advanced one grade level has met one of the following criteria:

a. Achievement of 70% of the instructional objectives specific to each grade level in reading, mathematics and language arts that are introduced during each semester of the current school year. A school using this criterion shall do all of the following: establish written objectives and performance standards for reading, mathematics and language arts for each grade level in which choice program pupils are enrolled; document written criteria and methodology for evaluating pupil performance for each objective and document each pupil’s performance using the evaluation method specified in this subparagraph in a written record; and maintain these records for 5 years.

b. Achievement of at least .08 grade equivalent increase for each month between the spring or fall and the spring administration of the standardized achievement test. A school using this criterion shall do all of the following: report, by October 15, to the department the tests to be administered and the dates on which they will be administered and maintain each pupil’s answer sheets and score information for 5 years.

2. The school’s average attendance rate for choice program pupils is at least 90%. The school shall use the official attendance records to determine attendance.

3. At least 80% of choice program pupils demonstrate significant academic progress.

4. At least 70% of the families of choice program pupils meet parental involvement criteria established by the school.

(c) Annually by June 30, a school participating in the choice program shall submit a report to the department for each program in which it participates that establishes the school has met the standard selected in par. (b) using the criteria submitted in par. (b) during that school year.

(d) A school shall ensure that test security is maintained and pay all costs of administering, scoring, ensuring test security, and reporting results of academic achievement tests if the school uses the results to meet the requirement under s. 118.60 (7) (a) 3., Stats.

(7) DISCLOSURE OF INFORMATION.

(a) Annually by August 1 of the school year immediately preceding the school year in which a school intends to participate in the private schools choice programs, a new private school shall submit to the department the information specified under s. 118.60 (6m) (a), Stats., and the form specified under par. (d).

(b) Annually by August 1 of the school’s initial school year in the private schools choice programs, a first time participant shall submit to the department the information specified under ss. 118.60 (6m) (a) and (6m) (b) 4., Stats., and the form specified under par. (d).

(c) Annually by August 1, a school participating in the choice program that is not a first time participant shall submit to the department updates to any of the information submitted under s. 118.60 (6m) (a) or (6m) (b) 4., Stats. Also, the school shall submit to the department the form specified in par. (d).

(d) The board signatures required under s. 118.60 (6m) (c), Stats., and the mailing addresses of board members shall be submitted to the department on a form provided by the department.

Note: The disclosure of information form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

(8) Accreditation Requirements. Annually by January 15, a school that is fully accredited under s. 118.60 (2) (a) 7., Stats., shall provide to the department a letter from the school’s accrediting agency stating whether 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 or is not accredited as of the date of the letter.

(b) The letter shall be dated no earlier than the beginning of the school year.

(9) HOURS OF INSTRUCTION and Annual School Board Meetings.

(a) Annually by May 1, a school continuing in the private school choice programs shall report to the department the hours of instruction for the upcoming school year on a form provided by the department.

(b) Notwithstanding par. (a), by January 10 of the school year immediately preceding a school’s first year of participation in the private school choice programs, a school shall report to the department the hours of instruction for the upcoming school year on a form provided by the department.

(d) Annually by October 15, a school shall report the dates of the two school board meetings for the current school year required under s. 118.60 (7) (b) 3m., Stats.

(e) A school shall revise the reports in pars. (a) to (d) if it changes its hours of instruction. The school shall submit revisions to the department by May 15 of the current school year. A school may not shorten its school term after the start of the school term without prior written approval from the department.

Note: The hours of instruction form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

PI 48.04 School Fees.

(1) A school may not charge pupils participating in a choice program for field trips if the school requires the trip for a class, is a part of the school’s curriculum, or is part of the hours of instruction.

(2) A school may have a written policy indicating it will charge a fine for lost, damaged, or unreturned school property. The amount of the fine may not exceed the cost of the item.

(3) A school may not impose any fee or other sanction on a parent or pupil for failure to engage in fund raising.

PI 48.05 Pupil application requirements.

(1) DEFINITIONS. In this section:

(a) “Continuing pupil” means an applicant to the Racine parental choice program who participated in the Racine parental choice program on the immediately preceding count date or participated in the Wisconsin parental choice program on one of the count dates in the immediately preceding school year, or an applicant to the Wisconsin parental choice program who participated in the Wisconsin parental choice program on the immediately preceding count date.

(b) “Prior year” means the calendar year prior to the school year for which the applicant is applying.

(c) “Family Size” means the number of people who reside together as part of the same household and who are related by birth, marriage, or adoption. Family size includes parents, pupil applicants, and other children who share at least one parent by birth, adoption or by a parent’s current marriage. A parent on military duty is considered to be residing in the household.

(d) “Family income” means the federal adjusted gross income of the parents included in the family size.