Modifies the accreditation requirements to allow accrediting organizations to provide a notice rather than a letter of the accreditation status of schools.
Specifies that the budget required for meeting the financial requirements option for schools with expected payments over $50,000 must include the anticipated beginning and ending reserve balance.
Clarifies that schools with expected scholarships over $50,000 that use the financial requirements option and participate in the private school choice programs must have a financial audit under ss. 118.60 and 119.23 that demonstrates the school has the ability to pay the expected scholarship amount. Also specifies the financial requirements include the school not having a net loss or negative change in net assets.
Specifies that schools may change the number of available scholarships in certain circumstances.
Specifies what is required for an Individualized Education Program (IEP) or services plan to be in effect.
Specifies when the school must send the following emails: o
The email to the local education agency that developed the IEP or services plan verifying that the student had an IEP or services plan that was in effect; and o
If the resident school district did not develop the IEP or services plan, the email to the pupil’s resident school district notifying them that the pupil will receive a scholarship if the verification above determines the pupil is eligible for the program.
Specifies that the local education agency sending the IEP or services plan to the private school in response to the IEP or services plan verification email request is considered the verification that the student has an IEP or services plan that meets programmatic requirements.
Removes the pupil eligibility requirements related to open enrollment denials since the requirement for an open enrollment denial was removed from s. 115.7915, Stats.
Clarifies the pupil eligibility requirements for transfer pupils and how transfer requests may be corrected if errors are identified by the auditor.
Clarifies that if a pupil who no longer has a disability attends a different school, the pupil is not eligible for a special needs scholarship program scholarship.
Modifies the full time equivalent determination so that it is based on the required number of hours for first grade pupils in the private school rather than first grade pupils in the public school district.
Modifies the dates by which applications and transfer requests must be submitted to the department.
Specifies that the school must identify pupils no longer eligible for a scholarship in the preliminary enrollment report and pupil count reports.
Clarifies the agreement of services requirements.
Removes the requirement to use original classroom records when completing the procedures for special needs scholarship program pupils for the enrollment audit. The procedures ensure the submitted pupil counts are accurate by comparing the school submitted pupil count reports to the official attendance records.
Specifies that the identification of special needs scholarship program pupils may be in a different report than the official attendance records, if the official attendance records are from the student information system.
Specifies the requirements for a school to receive a special needs scholarship program summer school payment and the audit requirements of the summer school report.
Specifies that a pupil may attend a different school for summer school and still be eligible for a special needs scholarship program scholarship.
Clarifies the requirements for including fixed assets in the financial audit.
Specifies that leased right of use assets, which will be required in financial audits due to a change in generally accepted accounting principles, are not included in the required cash and investment balance calculation.
Specifies how net eligible education expenses are calculated if the school is not eligible for all special needs scholarship program payments.
Specifies what is considered a management letter.
Clarifies what expenses are primarily related to special needs scholarship program pupils and how they impact the reserve balance schedule calculations.
Clarifies the school’s responsibility for the financial requirements.
Specifies the requirements for the statement of actual cost, how payments will be made for students with a statement of actual cost, and the impact on the reserve balance schedule calculations.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, the 2015-17 biennial budget, created the special needs scholarship program. The Department promulgated administrative rules, CR 16-005, relating to the special needs scholarship program; and CR 16-066, relating to revisions to the special needs scholarship program; both of which are currently in effect. Since then, 2017 Wisconsin Act 36 and 2017 Wisconsin Act 59, the 2017-19 biennial budget, made several changes relating to the administration of this program. As a result of recent changes in statute and items identified since the rules were implemented, modifications to PI 49 are needed to better assist participating schools and the Department in the administration of the program. Without a rule change, statute and rule will not be consistent and the Department may be prevented from efficiently administering the program. 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 49.01 is amended to read:
PI 49.01 Purpose. Any qualified pupil in grades kindergarten to 12 who meets the requirements under s. 115.7915, Stats., may attend any school participating in the special needs scholarship program under s. 115.7915, Stats. This chapter establishes eligibility and participation requirements for schools participating in the special needs scholarship program under s. 115.7915, Stats., the calculation and distribution of scholarships under s. 115.7915 (4m) and (4p), Stats., and the application and approval procedures for pupils and eligible schools under s. 115.7915, Stats.SECTION 2. PI 49.02 (3) is repealed.
SECTION 3. PI 49.02 (3m) is created to read:
PI 49.02 (3m) “Classroom records” means teacher-originated test scores, report cards, progress reports, and attendance records.
SECTION 4. PI 49.02 (5m) and (7) are amended to read:
PI 49.02 (5m) “Designee" means an individual who is designated to assist in processing pupil applications and transfer requests by the special needs scholarship program administrator on a form provided by the department.
(7) “Financial audit” means the modified financial audit of a schoolor standard financial audit, and includes the audit opinion and supplemental schedule, required under s. 115.7915 (6) (e), Stats., including the audit opinionPI 49.09. SECTION 5. PI 49.02 (9s) and (12m) are created to read:
PI 49.02 (9s) “Modified financial audit” means the audit required under s. 115.7915 (6) (e), Stats., for a school that received less than $100,000 under ss. 115.7915, 118.60, and 119.23, Stats., in any school year. (12m) “Primarily special needs scholarship program expenses” mean eligible education expenses that are at least 50 percent related to special needs scholarship program pupils.
SECTION 6. PI 49.02 (15) and (18) are amended to read:
PI 49.02 (15) “Scholarship” means a payment under s. 115.7915 (4m) or (4p), Stats. (18) “Special needs scholarship program administrator” means the person who has the authority to processdo all of the following:
(a) Process pupil applications and submittransfer requests.
(b) File reports and forms required under this chapter and s. 115.7915, Stats. SECTION 7. PI 49.02 (19m) is created to read:
PI 49.02 (19m) “Standard financial audit” means the audit required under s. 115.7915 (6) (e), Stats., for a school that annually received a total of at least $100,000 under ss. 115.7915, 118.60, and 119.23, Stats., in any school year.
