Wisconsin Legislature: 001 - EmR1608 Rule Text

Comparison with rules in adjacent states: N/A

Summary of factual data and analytical methodologies:

The DPI is proposing to create a rule, PI 48, to implement and administer the Parental Choice Program for Eligible School Districts and Other School Districts based on s. 118.60, Stats. Without a rule, the DPI will not be able to provide transparency in how it is implementing and administering these programs.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A

Anticipated costs incurred by private sector: N/A

Effect on small business:

The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats.

Agency contact person: (including email and telephone)

Carl Bryan

Budget and Policy Analyst

Wisconsin Department of Public Instruction

Carl.Bryan@dpi.wi.gov

(608) 267-9127

Place where comments are to be submitted and deadline for submission:

Comments should be submitted to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at Carl.Bryan@dpi.wi.gov. The department will publish a hearing notice in the Administrative Register that will provide information on the deadline for the submission of comments.

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SECTION 1. PI 48 is created to read:

CHAPTER PI 48

RACINE AND WISCONSIN PARENTAL CHOICE PROGRAMS

PI 48.01 Purpose. Any qualified pupil in grades kindergarten to 12 who meets the requirements under s. 118.60 (2) (a), Stats., may attend any school participating in the Racine parental choice program or Wisconsin parental choice program under s. 118.60, Stats. This chapter establishes approval criteria and requirements for schools participating in the choice programs under s. 118.60, Stats., and requirements for receipt of state aid under s. 118.60 (4) and (4m), Stats.

PI 48.02 Definitions. In this chapter:

(1) “Average attendance rate” means the rate obtained by dividing the aggregate number of full-time equivalent days of a pupil’s actual attendance by the aggregate number of full-time equivalent days the pupil was enrolled.

(2) “Choice administrator” means the person designated as such on the notice of intent to participate form under s. PI 48.03 (3) or (5) or on the form under s. PI 48.03 (4).

(3) “Choice program” means a program established under s. 118.60.

(4) “Classroom records” means teacher-recorded test scores, teacher-originated report cards and progress reports, and teacher-originated attendance records.

(5) “Count date” means the third Friday in September and the second Friday in January except as provided under s. 121.05 (3m), Stats.

(6) “Credit” means the credit given to pupils in grades 9 through 12 for successful completion of a school term of study in one course that meets daily for a normal class period or the equivalent established by the board or the governing body or entity of any school.

(7) “Department” means the Wisconsin department of public instruction.

(8) “Eligible education expenses” has the meaning given in s. 118.60 (7) (am) 1m., Stats.

(9) “Financial audit” means the audit of a school required under s. 118.60 (7) (am) 2m. a., Stats.

(10) “Financially viable” or “financial viability” means the ability of the school to pay for goods and services, make debt service payments, and pay other obligations as they become due.

(11) “First time participant” means a school that meets one the following:

(a) The school did not participate in the private school choice programs in the preceding school year.

(b) The school participated in the private school choice programs in the preceding school year but voluntarily withdrew from participation during the preceding or current school year.

(c) The school participated in the private school choice programs in the preceding school year but was issued an order from the state superintendent terminating or barring the school’s participation in the program during the preceding or current school year.

(12) “4-year-old kindergarten outreach activities” means the direct services a school provides to 4-year-old kindergarten parents, legal guardians, and primary caregivers that has an educational component that fulfills the requirements of s. 121.004 (7) (cm), Stats.

(13) “Generally accepted auditing standards” means the auditing standards prescribed by the accounting examining board under s. Accy 1.202.

(14) “Grade equivalent” means the scaled score that corresponds to a pupil’s raw score on a standardized achievement test, as determined by the test’s publisher.

(15) “New private school” has the meaning given in s. 118.60 (1) (bn), Stats.

(16) “Official attendance records” means a listing of all kindergarten through grade 12 pupils enrolled in the school by grade level from the student information system required under s. 115.383 (3) (b), Stats.

(17) “Parent” means a parent listed on the application who is one of the following:

(a) The pupil’s biological parent, legal guardian, parent by adoption or step-parent who resides in the same household as the pupil applicant. A parent on military duty is considered to be residing in the household.

(b) If no individual meets the requirements in par. (a), an individual who has the legal authority to make educational decisions for the pupil.

(18) “Private school choice programs” means the programs established under ss. 119.23 and 118.60, Stats.

(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.