STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING EMERGENCY RULES
The scope statement for this rule, SS 081-15, was published in Register No. 716B, on August 31, 2015, and approved by State Superintendent Tony Evers on September 15, 2015. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule. Coyne v. Walker, 2016 WI 38. The State Superintendent of Public Instruction hereby proposes to create PI 49, relating to the Special Needs Scholarship Program.
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ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: s. 115.7915, Stats. Explanation of agency authority:
Under s. 227.11 (2) (a), Stats., the DPI “may promulgate rules interpreting the provisions of any statute enforced or administered” by the DPI. Under s. 115.7915 (10), Stats., the department is required to promulgate rules to implement and administer the Special Needs Scholarship program, including rules relating to: (a) eligibility and participation of eligible schools, including timelines that maximize child and school participation; (b) calculation and distribution of scholarships; and (c) application and approval procedures for pupils and eligible schools. Plain language analysis:
2015 Wisconsin Act 55 created the Special Needs Scholarship Program. The effective date of the program is the 2016-17 school year. Section 115.7915 (10), Stats., requires the department to promulgate administrative rules related to pupil and school application processes. Additional changes to s. 115.7915, Stats., were made by 2015 Wisconsin Act 289 and 2015 Wisconsin Act 297, including requiring schools accept applications in the order they are received, allowing an applicant to apply for the program at any time, and expanding the list of private school accreditation entities. This proposed rule creates procedures for administering the special needs scholarship program, including procedures related to the eligibility and participation of schools, the calculation and distribution of state aid paid for special needs scholarships, and the application procedures for pupils and private schools. 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.
