CR 16-004 Rule Text

Plain language analysis:

The 2013-15 budget, 2013 Wisconsin Act 20, made several modifications to the Milwaukee Parental Choice Program; the program was further modified by the 2015-17 budget, 2015 Wisconsin Act 55. The Milwaukee Parental Choice Program allows eligible private schools to receive state aid payments for eligible students. The rules set forth the MPCP program requirements under s. 119.23, Stats., as modified by 2015 Wisconsin Act 55 and other legislation. The proposed rules and this section of the statutes apply only to private schools that choose to participate in the program. The Department’s proposed rule reflects both statutory changes and changes in practice.

The proposed rule refers to ch. PI 48 and ch. PI 49, provisions that are created in separate rule-making orders currently under promulgation. Draft materials of ch. PI 48 may be accessed at: . Draft materials of ch. PI 49 may be accessed at: .

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:

Section 119.23 (11) (a), Stats., requires the DPI to promulgate rules to implement and administer the Milwaukee Parental Choice Program. The 2013-15 budget, 2013 Wisconsin Act 20, made several modifications to the Milwaukee Parental Choice Program; the program was further modified by the 2015-17 budget, 2015 Wisconsin Act 55. The rule needs to be updated to reflect statutory changes and changes in practice.

Anticipated costs incurred by private sector:

There is not expected to be a cost to the private sector.

Effect on small business:

The proposed rules will have no 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

[e-mail]

[phone]

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

Comments should be submitted by March 3, 2016, to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at [e-mail]. The department will publish a hearing notice in the Administrative Register that will provide information on the deadline for the submission of comments.

SECTION 1. PI 35 is created to read:

CHAPTER PI 35

MILWAUKEE PARENTAL CHOICE PROGRAM

PI 35.01 Purpose. Any qualified pupil in grades kindergarten to 12 who meets the requirements under s. 119.23 (2) (a), Stats., may attend any school participating in the Milwaukee parental choice program under s. 119.23, Stats. This chapter establishes approval criteria and requirements for schools participating in the choice program under s. 119.23, Stats., and requirements for receipt of state aid under s. 119.23 (4) and (4m), Stats.

PI 35.02 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) “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.

(3) “Choice administrator” means the person designated as such on the notice of intent to participate form under s. PI 35.03 (3) or s. PI 35.04 (1) (a) or on the form under s. PI 35.04 (2).

(4) “Choice program” means the program established under s. 119.23, Stats., for pupils residing in the city of Milwaukee.

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

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

(7) “Credit” means the credit given to pupils in grades 9 to 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 governing body of a school.

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

(9) “Eligible education expenses” has the meaning given in s. 119.23 (7) (am) 1m., Stats.

(10) “Financial audit” means the audit of a school required under s. 119.23 (7) (am) 2m. a., Stats., including the audit opinion.

(11) “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.

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

(a) The school did not participate in a program under s. 118.60 or 119.23, Stats., at the time the school submitted a notice of intent to participate in the choice program for the following school year.

(b) The school participated in a program under s. 118.60 or 119.23, Stats., at the time the school submitted a notice of intent to participate in the choice program for the following school year but one of the following occurred:    

1. The school voluntarily withdrew from participation in a program under s. 118.60 or 119.23, Stats.

2. The state superintendent issued an order terminating or barring the school’s participation in a program under s. 118.60 or 119.23, 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. 119.23 (1) (ai), 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 pupil application submitted under s. PI 35.05 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) “Professional standards” means all 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.

(c) Standards issued by the American Institute of Certified Public Accountants.

(19) “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 pupils participating in a program under ss. 118.60 and 119.23, Stats .

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

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

(22) “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.

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

(24) “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.

(25) “Working papers” means the record of the audit procedures performed by the auditor, the relevant audit evidence obtained by the auditor, and the conclusions reached by the auditor.

PI 35.03 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 s. PI 35.04 (1) for new private schools, annually by January 10, a school that intends to participate in the choice 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:

(a) The school’s plan for ensuring it will select pupils on a random basis from a new pool of applicants each school year, as required under s. 119.23 (3) (a), Stats. The school’s plan shall be one of the following:

1. The plan provided by the department.