CR 19-121 Rule Text

Summary of, and comparison with, existing or proposed federal regulations: N/A

Summary of any public comments and feedback on the statement of scope for the proposed rule that the agency received at a preliminary public hearing and comment period held and a description of how and to what extent the agency took those comments into account and drafting the proposed rule:

The Department held a preliminary public hearing and comment period on April 23rd, 2018, and did not receive any comments on the statement of scope for the proposed rule.

Comparison with rules in adjacent states:

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Illinois: Under the Invest in Kids Program, students are eligible to receive a scholarship to attend qualified, nonpublic schools in Illinois if their family is below 300% of the federal poverty level. Student scholarships cannot exceed the state’s average operational expense per pupil, with exceptions and a $75 million credit cap for scholarship awards.

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Iowa: The School Tuition Organization Tax Credit provides that individuals, corporations, LLCs and other partnerships that donate to School Tuition Organizations (STOs) may receive a 65% tax credit, and STOs in turn give out funds as tuition grants to lower-income students to attend an accredited, nonpublic school.

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Michigan: There are no rules governing private school choice in Michigan.

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Minnesota: There are no rules governing private school choice in Minnesota.

Summary of factual data and analytical methodologies:

2015 Wisconsin Act 55, the 2015-17 biennial budget, significantly expanded the state’s parental choice programs. The Department promulgated administrative rules, CR 16-006, relating to the parental choice program for eligible school districts and other school districts which is 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 the parental choice programs. As a result of recent changes in statute and items identified since the rules were implemented, modifications to PI 48 are needed to better assist participating schools and the Department in the administration of each 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

Administrative Rules Coordinator

Wisconsin Department of Public Instruction

[e-mail]

[phone]

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 [e-mail]. 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 48.02 (2) is repealed.

SECTION 2. PI 48.02 (10), (12) (a), and (b) (intro.) are amended to read:

PI 48.02 (10) “Financial audit" means the modified financial audit of a schoolor standard financial audit, and includes the audit opinion and supplemental schedule, required under s.ss. 118.60 (7) (am) 2m. a.and 119.23 (7) (am), Stats., including the audit opinionand ss. PI 35.10 and 48.10.

(12) (a) The school did not participate in a program under s. 118.60 or 119.23, Stats., at the time the school submittedfiled a notice of intent to participate in the choice program with the department for the following school year.

(b) The school participated in a program under s. 118.60 or 119.23, Stats., at the time the school submittedfiled a notice of intent to participate in the choice program with the department for the following school year but one of the following occurred:

  SECTION 3. PI 48.02 (14) is repealed.

  SECTION 4. PI 48.02 (14m) is created to read:

PI 48.02 (14m) “Modified financial audit” means the audit required under ss. 118.60 (7) (am) and 119.23 (7) (am), Stats., for a school that received less than $100,000 under ss. 115.7915, 118.60, and 119.23, Stats., in any school year.

  SECTION 5. PI 48.02 (15) is amended to read:

PI 48.02 (15) “New private school” has the meaning given inmeans a private school that meets either of the requirements in s. 118.60 (1) (bn) 1. a. or b., Stats., for the 12 months immediately preceding either of the dates the school would be required to submit the information under s. PI 48.04 (1) and (2), except as provided under s. 118.60 (1) (bn) 2., Stats.

  SECTION 6. PI 48.02 (22g) and (22r) are created to read:

PI 48.02 (22g) “Special needs scholarship program excluded expenses” means eligible education expenses included under s. PI 49.09 (3) (a) and costs included as eligible in any statements provided under s. 115.7915 (4c), Stats., incurred in that school year.

(22r) “Standard financial audit” means the audit required under ss. 118.60 (7) (am) and 119.23 (7) (am), 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.

  SECTION 7. PI 48.03 (3) and (a) 1. b. are amended to read:

PI 48.03 (3) Notice of intent to participate. Except as provided under s. PI 48.04 (1) for new private schools, annually by January 10, a school that intends to participate in the choice program in the following school year shall submit tofile with the department a notice of intent to participate.

(a) 1. b. A plan provided by the school and approved by the department. A school using this option shall submitfile the plan towith the department for approval by January 10. If the school does not provide a plan by January 10 or the plan is not approved by the department by January 31, the school shall use the plan provided by the department. If the school makes a change to the plan in a subsequent school year, the school shall submitfile, with the school's notice of intent to participate, the revised plan to the department for approval.

  SECTION 8. PI 48.03 (3) (a) 2m. is created to read:

PI 48.03 (3) (a) 2m. The expected number of choice program pupils that will participate in summer school under s. PI 48.08.

  SECTION 9. PI 48.03 (3) (a) 4. and (b) are amended to read:

PI 48.03 (3) (a) 4. TheFor first time participants, the name and location of the accredited institution of higher education from which the choice administrator received at least a bachelor's degree and the date the degree was received, the number of the choice administrator's teaching or administrator license issued by the department, or an indication that the administrator is excluded from the requirement under s. 118.60 (2) (c) 2., Stats.

(b) A school only participating in the Wisconsin parental choice program is not required to submitfile the random selection plan under par. (a) 1. infor the 2016-17 and 2017-18 school years in which the limitation under s. 118.60 (2) (be) 2., Stats., applies.

  SECTION 10. PI 48.03 (4) is repealed.

  SECTION 11. PI 48.03 (5) (a) (intro.) is renumbered PI 48.03 (5) (a) and amended to read:

PI 48.03 (5) (a) Annually by August 1 ofBy January 10 prior to the school's initial school year in the choice program, a first time participant shall submit tofile with the department all of the following:the information required under s. 118.60 (6p) (a), Stats., and the mailing addresses for each governing body member on a form provided by the department.

  SECTION 12. PI 48.03 (5) (a) 1. and 2. are repealed.

  SECTION 13. PI 48.03 (5) (b) (intro.) is renumbered PI 48.03 (5) (b) and amended to read: