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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 PI 40 is repealed and recreated to read:
Chapter PI 40
EARLY COLLEGE CREDIT PROGRAM
PI 40.01 Definitions. In this chapter:
(1) “Governing body of a private school” has the meaning given under s. 118.55 (1) (b), Stats.
(2) “Institution of higher education” has the meaning given under s. 118.55 (1) (bm), Stats.
(3) “Parent” includes a guardian.
(4) “Participating private school” has the meaning given under s. 118.55 (1) (c), Stats.
PI 40.02 Applicability. This chapter governs the early college credit program under s. 118.55, Stats., and is promulgated pursuant to s. 118.55 (9), Stats.
PI 40.03 Notification to school board or governing board. A pupil intending to enroll in an institution of higher education under s. 118.55, Stats., shall provide the notice under s. 118.55 (3) (a), Stats., by the following dates:
(1) By February 1 if the pupil intends to enroll in the summer semester or session.
(2) By March 1 if the pupil intends to enroll in fall semester.
(3) By October 1 if the pupil intends to enroll in the spring semester.
PI 40.04 Report to the department. By June 15, the school board or participating private school shall submit to the department the itemized report required under s. 118.55 (5) (e), Stats., on a form provided by the department.
PI 40.05 Undue financial burden. The department shall determine under s. 118.55 (6) (c) 2., Stats., that paying 25 percent of the cost of a course is an undue financial burden on a pupil’s family if the pupil is eligible for free or reduced price lunch under 42 USC 1758 (b) (1).
PI 40.06 Transportation reimbursement.
(1) Request form. A parent seeking reimbursement of transportation costs under s. 118.55 (7g), Stats., shall file the request on a form provided by the department. The request shall be filed with the department by the first Friday in February for the fall semester, by the first Friday in July for the spring semester, and by the first Friday in October for the summer semester or session.
(2) Mode of transportation.
(a) The state superintendent may only reimburse a parent under s. 118.55 (7g), Stats., for the cost of using a private vehicle if public transportation is unavailable or using public transportation would prevent the pupil from being able to attend the institution of higher education.
(b) The state superintendent may only reimburse a parent under s. 115.55 (7g), Stats., for a mode of transportation other than public transportation and a private vehicle if all of the following apply:
1. Public transportation is unavailable or using public transportation would prevent the pupil from being able to attend the institution of higher education.
2. The pupil or the pupil’s parent do not have access to a private vehicle.
(3) Priority of reimbursement. If adequate funds are not available under s. 20.255 (2) (cy), Stats., to reimburse each eligible request for reimbursement under this section, the state superintendent shall make reimbursements as follows:
(a) The state superintendent shall first fully reimburse each family eligible for free or reduced price lunch under 42 USC 1758 (b) (1) or, if there are insufficient funds, on a prorated basis.
(b) If there are funds remaining after fully reimbursing families under par. (a), the state superintendent shall reimburse any remaining requests for reimbursement fully or, if there are insufficient funds, on a prorated basis.
PI 40.07 Determination of credit
(1) Awarding credit.
(a) A school board or governing body may deny high school credit for a postsecondary course taken under s. 118.55, Stats., if any of the following apply:
1. The postsecondary course is comparable to a course offered by the school district, as determined under sub. (2).
2. At least 80 percent of the postsecondary course covers content for which the pupil has already received high school credit for.
3. The postsecondary course covers content previously offered to the pupil in a different a postsecondary course under s. 118.55, Stats., and the pupil received a failing grade in that course.
(b) Except as provided under par. (a), a school board shall grant high school credit for a course taken under s. 118.55, Stats., if the postsecondary course meets any high school graduation requirement under s. 118.33, Stats., including any requirement contained in the school board’s policy required under s. PI 18.03 (2) or if the course fulfills any elective requirement.
(c) Except as provided under par. (b), a governing body shall grant high school credit for a course taken under s. 118.55, Stats., if the postsecondary course meets any high school graduation requirement.
(d) A school board and governing body shall evaluate a postsecondary course for high school credit under this subsection using the same method and criteria it would to approve a course the school board or governing body offered for high school credit.
(2) Comparability. A postsecondary course is comparable to a course offered by a high school if all of the following apply to the high school course:
(a) The high school course is offered or will be offered between the date the pupil submits a notice under s. 118.55 (3) (a), Stats., and the date the pupil is expected to graduate from high school.
(b) The content of the high school course is at least 80 percent equivalent to the content of the postsecondary course. A determination under this paragraph shall be made by comparing, if available, the curriculum guide, course expectations, course goals, and the scope and sequence of the high school course to the course syllabus, if available, and course description for the postsecondary course.
(3) Notification of appeal rights.
(a) A school board’s written notification under s. 118.55 (3) (b), Stats., regarding comparability of courses, satisfaction of high school graduation requirements, or the number of high school credits to be awarded shall inform the pupil of the right to appeal the school board's decision to the state superintendent within 30 days of the decision.
(b) A governing board’s written notification under s. 118.55 (3) (b), Stats., regarding comparability of courses, satisfaction of high school graduation requirements, or the number of high school credits to be awarded shall inform the pupil of the right to appeal the governing board’s decision to the governing board within 30 days of the decision.
PI 40.08 Appeals. The state superintendent shall review appeals made under s. 115.55 (3) (b), Stats., using the procedures under ss. PI 1.03 and 1.04 (9).
  SECTION 2. EFFECTIVE DATE:
The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.
Dated this _____ day of ____________, 2018
__________________________________________
Tony Evers, PhD
State Superintendent
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