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3. The grades accredited by the agency.
  SECTION 7. PI 49.03 (7) and (7) (Note) are created to read:
PI 49.03 (7) State superintendent approval. Annually by March 1 preceding the school year of participation, a school seeking approval as a private school by the state superintendent under s. 115.7915 (2) (c), Stats., shall submit to the department a special needs scholarship program private school requirements form demonstrating the school meets all of the requirements under s. 118.165 (2), Stats.
Note: The special needs scholarship program private school requirements form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/special-needs-scholarship.
  SECTION 8. PI 49.04 (5) is repealed.
  SECTION 9. PI 49.05 (4) (intro.) and (c) 2. are amended to read:
PI 49.05 (4) Application eligibility determination. (intro.) Within 21 days of receiving an application under sub. (3), a schoolthe special needs scholarship program administrator or designee shall do all of the following:
(c)
2. The application under sub. (3) is determined eligible but the school does not have space available for the studentpupil. The school shall state in the letter the pupil’s place on the school’s waiting list.
  SECTION 10. PI 49.05 (4) (note) is created to read:
Note: The student application designee authorization form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/special-needs-scholarship.
  SECTION 11. PI 49.05 (5) (a) and (b) are repealed and recreated to read:
PI 49.05 (5) (a) An applicant may submit a transfer request for a pupil to transfer to a different school participating in the special needs scholarship program on a form provided by the department. A pupil that has been determined to no longer be a child with a disability under s. 115.7915 (4m) (e) 1. , Stats., may not transfer under this subsection to a different school participating in the special needs scholarship program.
(b) A transfer request shall be considered received under s. 115.7915 (3) (b), Stats., when an applicant has submitted all of the following to the school:
1. A transfer request form.
2. Residency documentation.
3. Individualized education program or services plan.
SECTION 12. PI 49.05 (5) (c) (intro.) is amended to read:
PI 49.05 (5) (c) (intro.) Within 21 days of receiving a transfer request under par. (b), a schoolthe special needs scholarship program administrator or designee shall do all of the following:
  SECTION 13. PI 49.05 (5) (c) 2. (intro.) is renumbered PI 49.05 (5) (c) 2. and amended to read:
PI 49.05 (c) 2. Notify an applicant in writing if one of the following occurs:the transfer request was accepted or not accepted. The school shall state in its letter the reason or reasons why the transfer request is ineligible if the transfer request is determined ineligible. If the transfer request is determined eligible but the school does not have space available for the pupil, the school shall state in the letter the pupil’s place on the school’s waiting list.
  SECTION 14. PI 49.05 (5) (c) 2. a. and b. and (d) are repealed.
  SECTION 15. PI 49.05 (7) (a) is amended to read:
PI 49.05 (7) (a) AExcept as provided in par. (d), a pupil shall have an individualized education program or services plan in effect at the time an applicant submits an application under sub. (3) or a transfer request under sub. (5).
  SECTION 16. PI 49.05 (7) (b) is repealed and recreated to read:
PI 49.05 (7) (b) (intro.) Upon the request of the department, the local education agency that developed a pupil’s individualized education program or services plan shall verify that the pupil meets the requirement under par. (a) or (d) and send a copy of the individualized education program to the private school. The department shall make the request if all of the following apply:
1. The pupil’s resident school district responded to the verification request under s. 115.7915 (4) (b), Stats., that it did not have record that the pupil met the requirement under par. (a) or (d).
2. The pupil’s individualized education program or services plan was developed by a local education agency that is different than the pupil’s resident school district.
  SECTION 17. PI 49.05 (7) (c) and (d) are created to read:
PI 49.05 (7) (c) The special needs scholarship program administrator or designee shall notify an applicant in writing if an application submitted under sub. (3) was determined eligible or ineligible. If the application is determined ineligible, the letter shall state the reason or reasons why the application is ineligible. The letter shall be sent within 7 days of the school receiving one of the following: 1. A copy of the pupil’s individualized education program from the local education agency in response to a request under s. 115.7915 (4) (b), Stats., or par. (b).
2. Notification from the department that a pupil has an individualized education program or service plan that meets the requirements under par. (a) or (d).
3. Notification from the department that a pupil does not have an individualized education program or services plan that meets the requirements under par. (a) or (d).
(d) If an applicant is applying to the special needs scholarship program under section 9134 (6q) of 2015 Act 55, a pupil shall have an individualized education program or services plan that was developed or had an implementation date between July 1, 2011, and June 30, 2016.
  SECTION 18. PI 49.07 (3) (r) and (s) and (t) are created to read:
PI 49.07 (3) (r) Verify that any reevaluations required under s. 115.7915 (2) (h), Stats., have been completed and that the school properly identified partial scholarship pupils on the pupil count report under s. PI 49.06 (5) (b) 3.
(s) Verify that the school has a written agreement with each parent specifying the services that will be provided to each special needs scholarship program pupil. The auditor shall ensure the school and the parent entered into the agreement by the count date.
(t) Verify that any transfer request that has not been counted on a previous count date under s. PI 49.06 (5) (b), meets the requirements of s. PI 49.05.
  SECTION 19. PI 49.07 (4) (b) 1. is amended to read:
PI 49.07 (4) (b) 1. If the school is currently eligible to receive special needs scholarship program payments, the department shall reduce the payments made under s. 115.7915 (4m), Stats., by the amount owed. If reducing a payment made under s. 115.7915 (4m), Stats., is insufficient to pay the amount owed, the school shall pay the remaining amount within 60 days of the date of the certification letter.
  SECTION 20. PI 49.09 (3) (a) 3. is renumbered PI 49.09 (3) (a) 3. (intro.) and amended to read:
PI 49.07 (3) (a) 3. (intro.) Subtract fundraising revenue, up to the non-administrative fundraising expenses in subd. 1. In this subdivision, administrative expenses include expenses for school personnel, copying, mailing, or capital assets used for other school purposes.the lesser of the following:
  SECTION 21. PI 49.09 (3) (a) 3. a. and b. are created to read:
PI 49.09 (3) (a) 3. a. Fundraising revenue.
b. The non-administrative fundraising expenses in subd. 1. In this subdivision, administrative expenses include expenses for school personnel, copying, mailing, or capital assets used for other school purposes.
  SECTION 22. PI 49.09 (3) (b) 3. is renumbered PI 49.09 (3) (b) 3. (intro.) and amended to read:
PI 49.09 (3) (b) 3. (intro.) Subtract fundraising revenue, up to the non-administrative fundraising expenses in subd. 1. In this subdivision, administrative expenses include expenses for school personnel, copying, mailing, or capital assets used for other school purposes.the lesser of the following:
  SECTION 23. PI 49.09 (3) (b) 3. a. and b. are created to read:
PI 49.09 (3) (b) 3. a. Fundraising revenue.
b. The non-administrative fundraising expenses in subd. 1. In this subdivision, administrative expenses include expenses for school personnel, copying, mailing, or capital assets used for other school purposes.
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