Summary of, and comparison with, existing or proposed federal regulations: N/A
Comparison with rules in adjacent states: N/A
Summary of factual data and analytical methodologies:
The proposed rule is needed to implement the Special Needs Scholarship Program provided under s. 115.7915, Stats., that was created by the 2015-17 budget, 2015 Wisconsin Act 55. 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) (a), Stats. Agency contact person: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(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 which will provide information on the deadline for the submission of comments. __________________________________________________________________________________________________
SECTION 1. PI 49 is created to read:
SPECIAL NEEDS SCHOLARSHIP PROGRAM
PI 49.01 Purpose. Any qualified pupil in grades kindergarten to 12 who meets the requirements under s. 115.7915, Stats., may attend any school participating in the special needs scholarship program under s. 115.7915, Stats. This chapter establishes eligibility and participation requirements for schools participating in the special needs scholarship program under s. 115.7915, Stats., the calculation and distribution of scholarships under s. 115.7915 (4m), Stats., and the application and approval procedures for pupils and eligible schools under s. 115.7915, Stats. PI 49.02 Definitions. In this chapter:
(1) “4-year-old kindergarten outreach activities” means the direct services that a school provides to 4-year-old kindergarten parents and primary caregivers that have an educational component that fulfills the requirements of s. 121.004 (7) (cm), Stats. (2) “Applicant” means a child’s parent who is acting on behalf of the child, or, for a child with a disability who has reached the age of 18 and has not been adjudicated incompetent, the child.
(3) “Classroom records” means teacher-originated test scores, report cards, progress reports, and attendance records.
(4) “Count date” means the third Friday in September and the second Friday in January except as provided under s. 121.05 (3m), Stats. PI 35.02(7)(5) "Department" means the Wisconsin department of public instruction. (6) “Eligible education expenses” means all direct and indirect costs associated with a private school’s educational programming for pupils enrolled in grades kindergarten to 12.
(7) “Financial audit” means the audit of a school required under s. 115.7915 (6) (e), Stats., including the audit opinion. (8) “Full scholarship pupil” means a pupil who was determined to meet the application requirements of s. 115.7915 (2), Stats., and this chapter, and is eligible for a payment under s. 115.7915 (4m) (a), Stats. PI 35.02(9m)(9) "Generally accepted auditing standards" means the auditing standards prescribed by the accounting examining board under s. Accy 1.202. (10) “Official attendance records” means a listing of all kindergarten through grade 12 pupils enrolled in the school by grade level.
(11) “Parent” has the meaning given in s. 115.76 (12), Stats. (12) “Partial scholarship pupil” means a pupil who was determined to meet the application requirements of s. 115.7915 (2), Stats., and this chapter, and is eligible for a payment under s. 115.7915 (4m) (e), Stats. PI 35.02(15m)(13) "Professional standards" means all 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. (c) Standards issued by the American Institute of Certified Public Accountants.
(14) “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. (15) “Scholarship” means a payment under s. 115.7915 (4m), Stats. (18) "Special needs scholarship program administrator" means the person designated as such on the notice of intent to participate form under s. PI 49.03 (3). (19) "Special needs scholarship program" means the program established under s. 115.7915, Stats. PI 35.02(23)(20) "State superintendent" means the state superintendent of public instruction. (21) “Working papers” means the record of audit procedures performed by the auditor, the relevant audit evidence obtained by the auditor, and the conclusions reached by the auditor.
PI 49.03 School requirements.
(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. (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)
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. Except as provided in sub. (7), a school that intends to participate in the special needs scholarship program in the following school year shall by March 1 submit to the department a notice of intent to participate. The notice shall include all of the following:
(a) The number of spaces the school has available for new pupils applying to the special needs scholarship program under s. PI 49.05 (3) or transferring to the school under s. PI 49.05 (5). (b) The number of full scholarship pupils and partial scholarship pupils that will continue to participate in the special needs scholarship program based on the following:
1. The school shall include all special needs scholarship program pupils on the second 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. 2. The school shall include any other special needs scholarship pupils accepted at the school after the second Friday in January, unless the school has received written correspondence from the parent withdrawing the pupil from the special needs scholarship program.
3. 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 of the head of the governing board.
(4) Background checks. A school shall conduct a criminal background check prior to employing any individual at the school and every 5 years thereafter. A school shall conduct the criminal background check for all employees, including contracted individuals. A 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, the school shall submit one of the following to the department for all locations of the school:
1. A certificate of occupancy issued by the municipality within which the school 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.
