• Specify that the school’s auditors determine that the school and parent have agreed to the services to be provided to each student.
• Specify that the school’s auditors would verify that the statutorily required student reevaluations are completed and that students are properly identified as partial scholarship pupils.
• Current administrative rule requires that the department net any amount owed from a school from the next special needs scholarship program payment. The revised rule specifies that if the payment is insufficient to pay the full amount owed, the school shall pay the difference within 60 days of the certification letter.
• Clarify the financial audit submission requirements.
• Clarify the calculation of offsetting fundraising revenue in the calculation of net eligible education expenses.
• Clarify how students may transfer to a different participating school and that auditors shall verify the transfer requests meet the requirements.
• Clarify that a school must be accredited for all grades that are available for special needs scholarship program pupils.
• Specify that schools which do not meet the accreditation requirement of the program must annually, by March 1, submit the special needs scholarship program private school requirements form for review by the state superintendent.
• Remove two administrative rule provisions because they were only applicable to 2016.
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:
2015 Wisconsin Act 55 created the Special Needs Scholarship Program (“Program”), which first became effective in the 2016-17 school year. Utilizing its authority under s. 115.7915 (10), Stats., the Department promulgated emergency rules for the Program (Emergency Rule 1619) that are currently in effect. CHR 16-005 is the permanent rule that implements the Program and is currently pending publication for a November 1, 2016 effective date at the time of the filing of this rule. Based on feedback from participating schools and school districts and items identified during the first year implementation of the Program, modifications to the current rule are needed to better assist schools and the Department in the administration of the Program. Without a rule, the Department will administer the Program according to the permanent rules that will go into effect November 1. 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 adminrules@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 49.02 (5m) is created to read:
PI 49.02 (5m) “Designee" means an individual who is designated to assist in processing pupil applications by the special needs scholarship program administrator on a form provided by the department.
SECTION 2. PI 49.02 (9m) is created to read:
PI 49.02 (9m) “Local education agency” means a school district or the operator of a charter school under s. 118.40 (2r) or (2x), Stats. SECTION 3. PI 49.02 (18) is amended to read:
PI 49.02 (18) “Special needs scholarship program administrator” means the person designated as such onwho has the notice of intentauthority to participate formprocess pupil applications and submit reports and forms required under this chapter and s. PI 49.03 (3)115.7915, Stats. SECTION 4. PI 49.03 (3) (e) is created to read:
PI 49.03 (3) (e) The name of the special needs scholarship program administrator.
SECTION 5. PI 49.03 (5) (d) is repealed.
SECTION 6. PI 49.03 (6) (intro.) and (a) 3. are amended to read:
PI 49.03 (6) Accreditation requirements. (intro.) A school participating in the special needs scholarship program shall be accredited by an accrediting agency under s. 115.7915 (2) (c), Stats., for all of the grades the school makes available to special needs scholarship program pupils. Annually by August 1, a school participating in the special needs scholarship program shall provide to the department a letter from the school’s accrediting agency under s. 115.7915 (2) (c), Stats., stating that the school is accredited as of the date of the letter. The letter shall meet all of the following requirements: (a)
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.
