Note: The budget and cash flow report 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 12. PI 49.04 (2) (intro.) and (a), (b), (c), (d), and (e) and (3) (c) are amended to read:
PI 49.04 (2) Financial information review. The department shall review the financial information provided by a school under sub. (1)(1m) (b) and any other information available to the department to determine if the school meets the requirements under s. 115.7915 (6) (f) 2., Stats. In making a determination, the department shall remove the special needs scholarship program revenue from the school’s budget to determine if any of the following indicators exist: (a) The school has inadequate revenues and other financial resources to fund current operations in the budget submitted under sub. (1)(1m) (b).
(b) The school has negative cash flows in any month in the budget submitted under sub. (1)(1m) (b).
(c) The school has a negative net asset balance in the financial audit or in the budget submitted under sub. (1)(1m) (b).
(d) The school has a negative net current obligation in its financial audit or in the budget submitted under sub. (1)(1m) (b). The net current obligation shall be calculated as the current assets less the current liabilities.
(e) The school has a net operating loss in the financial audit or in the budget submitted under sub. (1)(1m) (b).
(3) (c) A school that does not meet the requirements under s. 115.7915 (6) (f) 2., Stats., shall provide a surety bond that meets the requirements under sub. (1)(1m) (a) by June 1 prior to the school year. SECTION 13. PI 49.04 (5) is created to read:
PI 49.04 (5) revisions to number of available scholarships. (a) A school that submitted a bond under sub. (1m) (a) that the department determined met the requirements under s. 115.7915 (6) (f) 1., Stats., may revise the number of scholarships available as follows: 1. The school shall file with the department a school information update form with the revised number of scholarships available.
2. A school may not accept more special needs scholarship program pupils than indicated on its notice of intent to participate under s. PI 49.03 (3) until the school information update form is filed with the department. 3. The school shall file with the department a revised bond if the expected payment increases and the difference between the initial expected payment and the revised expected payment based on the number of scholarships available under subd. 1 is at least $50,000. The revised bond shall be equal to 25 percent of the revised expected payment based on the number of scholarships available under subd. 1. This bond shall be filed with the department by the first weekday in November.
4. After the third Friday in September, a school may not increase the number of scholarships available under this paragraph if either of the following apply:
a. If a bond was not revised under subd. 3., the revised expected payment is at least $50,000 more than the initial expected payment.
b. If a bond was revised under subd. 3., the revised expected payment is at least $50,000 more than the amount calculated under subd. 3.
(b) A school that submitted financial information under sub. (1m) (b) that the department determined met the requirements under s. 115.7915 (6) (f) 2., Stats, may revise the number of scholarships available as follows: 1. The school shall submit to the department a school information update form with the revised number of scholarships available.
2. The school shall submit to the department a bond if the expected payment increases and the difference between the initial expected payment and the revised expected payment based on the number of scholarships available under subd. 1 is at least $50,000. The bond shall be payable to the state of Wisconsin and be equal to 25 percent of the difference between the initial expected payment and the revised expected payment based on the number of scholarships under subd. 1. This bond shall be filed with the department by the last weekday in August.
3. A school may not accept more special needs scholarship program pupils than indicated on its notice of intent to participate under s. PI 49.03 (3) until the bond required under subd. 2. is filed with the department. 4. After the last weekday in August, a school may not increase the number of scholarships available under this paragraph if either of the following apply:
a. If a bond was not filed under subd. 2., the revised expected payment is at least $50,000 more than the initial expected payment.
b. If a bond was filed under subd. 2., the revised expected payment is at least $50,000 more than the amount calculated under subd. 2.
(c) A school that had an initial expected payment of less than $50,000 may revise the number of scholarships available as follows:
1. The school shall file with the department a school information update form with the revised number of scholarships available.
2. The school shall file with the department a bond if the expected payment increases and the revised expected payment based on the number of scholarships available under subd. 1 is at least $50,000. The bond shall be payable to the state of Wisconsin and be equal to 25 percent of the revised expected payment based on the number of scholarships available under subd. 1. This bond shall be filed with the department by the last weekday in August.
3. A school may not accept more special needs scholarship program pupils than indicated on its notice of intent to participate under s. PI 49.03 (3) until the bond required under subd. 2. is filed with the department. 4. After the last weekday in August, a school may not increase the total number of scholarships available under this paragraph if either of the following apply:
a. If a bond was not filed under subd. 2., the revised expected payment is at least $50,000.
b. If a bond was filed under subd. 2., the revised expected payment is at least $50,000 more than the amount calculated under subd. 2.
(d) A school that submits a revised school information update form under this subsection may not remove an available scholarship for which it has already received an application under s. PI 49.05 (3) or a transfer request under s. PI 49.05 (5) (b) unless the application or transfer request has been determined ineligible. (e) Pupils that are determined eligible under s. PI 49.05 (4) (a) or (5) (c) 1. for whom there is no space available until the requirements in par. (a), (b) or (c) are met shall be placed on the waiting list as specified under s. PI 49.05 (4) (c) for applications and s. PI 49.05 (5) (c) 2. for transfer requests. (f) Notwithstanding pars. (a), (b), and (c), a bond provided under this subsection shall include the expected special needs scholarship program summer school payment based on the revised school information update form provided under this subsection.
Note: The school information update 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 14. PI 49.05 (1) (a) is amended to read:
PI 49.05 (1) (a) An explanation of the rights of a child with a disability and his or her parent in a public school compared to the rights of a child with a disability and his or her parent at a private school participating in a special needs scholarship program on a document provided by the department under s. 115.7915 (4) (a) 1.(am), Stats. SECTION 15. PI 49.05 (3) (c) is repealed.
SECTION 16. PI 49.05 (4) (a) (intro.) is amended to read:
PI 49.05 (4) (a) Determine if the application is eligible pending the verification under par. (b) 1. by verifying all of the following:
SECTION 17. PI 49.05 (4) (a) 3. is repealed.
SECTION 18. PI 49.05 (4) (b) is renumbered PI 49.05 (4) (b) (intro.) and amended to read:
PI 49.05 (4) (b) Identify ifIf the application is determined eligible inunder par. (a) and the school has an available scholarship for the online application system, or another manner permitted bypupil, the department.school shall do all of the following:
SECTION 19. PI 49.05 (4) (b) 1. and 2. are created to read:
PI 49.05 (4) (b) 1. Send an email to the local education agency that developed the pupil’s individualized education program or services plan requesting verification that the pupil has an individualized education program or services plan that meets the requirements under sub. (7) and requesting that the local education agency send a copy of the individualized education program or services plan to the school.
2. Send an email to the pupil’s resident school district notifying them that, pending verification that the requirements of subd. 1. are met, the child will be awarded a scholarship under s. 115.7915, Stats. SECTION 20. PI 49.05 (5) (c) 1. is renumbered PI 49.05 (5) (c) 1. (intro.) and amended to read:
PI 49.05 (5) (c) 1. IdentifyDetermine if the transfer request is eligible, using by verifying all of the online application system or another manner permitted by the department.following:
SECTION 21. PI 49.05 (5) (c) 1. a. and b. and 1m. are created to read:
PI 49.05 (5) (c) 1. a. The address on the pupil’s transfer request is in the Wisconsin school district listed on the transfer request using the state of Wisconsin’s Statewide Voter Registration System or another source permitted by the department.
b. The residency document provided under par. (b) 2. is one of the residency documents specified by the department that shows the pupil resides at the address on the transfer request at the time the pupil applies. The residency document shall be dated no earlier than 3 months prior to the date the transfer request is provided under par. (b). If a school receives a lease agreement as a residency document, the lease term shall include the date the transfer request was provided under par. (b). The document shall contain the name of the parent on the transfer request and match the address on the transfer request.
1m. Send an email to the department requesting verification that the student was a special needs scholarship program pupil on the most recent count date.
SECTION 22. PI 49.05 (6) (a) and (c) are amended to read:
PI 49.05 (6) (a) If aA school may give receives an application under sub. (3) or a transfer request under sub. (5) from a sibling of a pupil who is already attending the school, the school may give the sibling preference over either of the following:
1.
An application under sub. (3), a pupil whoif the school has not yet been identified as eligiblesent either of the emails required under sub. (4) (b) or.2.
A transfer request under sub. (5), if the school has not sent the letter of acceptance under sub. (5) (c) 1.2.(c) If the school is unable to determine if the sibling application or transfer request is eligible within the time period required under par. (b), the school must accept the applications and transfer requests in the order they were received in.
SECTION 23. PI 49.05 (7) is repealed and recreated to read:
49.05 (7) individualized education program or services plan in effect. A pupil shall be determined to have an individualized education program or services plan in effect if the pupil meets one of the following:
(a) A local education agency is implementing the individualized education program or services plan at the time the school receives an application as provided under sub. (3).
(b) A local education agency developed the individualized education program or services plan no earlier than 3 years prior to September 15 of the school term for which the student submits an application under sub. (3), and there has not been a more recent reevaluation that determined the student no longer had a disability.
SECTION 24. PI 49.05 (7m) is created to read:
49.05 (7m) Letter of acceptance or denial. Within 7 days of receiving the verification requested under sub. (4) (b) 1., the special needs scholarship program administrator or designee shall notify the applicant in writing of whether the 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.
