Chapter PI 35

PI 35.03 Note Note: The form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

PI 35.03 History History: CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (5) (a) 1., (b) 1. made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (3) (intro.), (a) 2., cr. (3) (bm), am. (3) (d), r. (4), renu. (5) (a) (intro.) to (5) (a) and am., r. (5) (a) 1., 2., renum. (5) (b) (intro.) to (5) (b) and am., r. (5) (b) 1., 2., am. (6) (intro.), (a) (intro.), 3., 4., (b), (c), (7) (a), renum. (7) (b) to (7) (b) (intro.) and am., cr. (7) (b) 1. to 3., r. (7) (c) to (e), cr. (7) (f), (9) Register May 2020 No. 773, eff. 6-1-20.

PI 35.04 PI 35.04 New private school requirements.

PI 35.04(1) (1) Preceding August 1 requirements. A new private school shall participate in a fiscal management training program approved by the department and submit all of the following to the department by August 1 of the school year immediately preceding the school year that the school intends to participate in the choice program:

PI 35.04(1)(a) (a) A new private school’s notice of intent to participate that includes all of the following:

PI 35.04(1)(a)1. 1. 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. 119.23 (2) (c) 2., Stats.

PI 35.04(1)(a)2. 2. The signature and mailing address of the choice administrator.

PI 35.04(1)(b) (b) The information specified under s. 119.23 (6m) (a), Stats.

PI 35.04(1)(c) (c) The governing body members’ signatures required under s. 119.23 (6p) (a) 2., Stats., and the mailing addresses for each governing body member on a form provided by the department.

PI 35.04(1)(e) (e) A cashier’s check or another guaranteed manner permitted by the department for the auditor fee required under s. 119.23 (2) (ag) 1. c., Stats.

PI 35.04(1)(f) (f) A budget and cash flow report, on a form provided by the department, for the following school year that contains all of the following:

PI 35.04(1)(f)1. 1. Anticipated enrollments for all pupils enrolled in the school.

PI 35.04(1)(f)2. 2. Anticipated enrollments for choice program pupils.

PI 35.04(1)(f)3. 3. Estimated total revenues and costs.

PI 35.04(1)(f)4. 4. Estimated amounts required under s. PI 35.10 (3) (a).

PI 35.04(1)(f)5. 5. A schedule of anticipated beginning and ending net assets.

PI 35.04(1)(f)6. 6. A schedule of monthly cash flows.

PI 35.04(1)(f)6m. 6m. Anticipated beginning and ending reserve balance.

PI 35.04(1)(f)7. 7. The contingent funding sources the school will use if actual enrollments are less than expected and evidence of the availability of the funding sources.

PI 35.04(1)(f)8. 8. A statement of whether the school has any past due amounts, interest, or penalties due to the U.S. internal revenue service, the Wisconsin department of workforce development, or the Wisconsin department of revenue. An amount must be disclosed even if it is in dispute. If a school has past due amounts, interest, or penalties due to a government entity, the school shall do all of the following:

PI 35.04(1)(f)8.a. a. Disclose to the department the outstanding amount owed.

PI 35.04(1)(f)8.b. b. Submit to the department statements or other correspondence from the government entity stating the amount the government entity claims is due, the amount in dispute, and nature of the amount due.

PI 35.04 Note Note: The notice of school’s intent to participate form for a new school, disclosure of information for new schools, and the budget and cash flow report form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

PI 35.04(2) (2) New private schools participation information. A new private school shall submit all of the following to the department by January 10 of the school year immediately preceding the school year that the school intends to participate in the choice program.

PI 35.04(2)(a) (a) The school’s plan for ensuring it will select pupils on a random basis from a new pool of applicants each school year, as required under s. 119.23 (3) (a), Stats. The school’s plan shall be one of the following:

PI 35.04(2)(a)1. 1. The plan provided by the department.

PI 35.04(2)(a)2. 2. A plan provided by the school and approved by the department. A school using this option shall submit the plan to 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 submit, with the school’s notice of intent to participate, the revised plan to the department for approval.

PI 35.04(2)(b) (b) The number of spaces the school has available for pupils participating in the choice program.

PI 35.04(2)(bm) (bm) The expected number of choice program pupils that will participate in summer school under s. PI 35.08.

PI 35.04(2)(c) (c) The open application periods during which the school will accept choice program pupil applications. After January 10, a school may not amend the open application periods it selects.

PI 35.04(2)(d) (d) 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. 119.23 (2) (c) 2., Stats.

PI 35.04(2)(e) (e) The signature and mailing address of the choice administrator.

PI 35.04 Note Note: The new private schools participation information form, which includes the department’s random selection plan, may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

PI 35.04(3) (3) Auditor fee payment increases. If the amount of the auditor fee for the school year in which the school will first participate in the choice program is more than the amount paid in sub. (1) (e), the new private school shall pay the difference between the amount paid and the amount owed calculated under s. PI 35.17 (1) by January 10 of the school year immediately preceding the school year that the school intends to participate in the choice program. The school shall pay the difference with a cashier’s check or another guaranteed manner permitted by the department.

PI 35.04(4) (4) Third party payroll provider. By August 1 of the first school year in which a new private school intends to participate in the choice program, a new private school shall submit to the department an executed contract with a third-party payroll service showing that the payroll service will remit federal and state payroll taxes for each employee of the school.

PI 35.04 History History: CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (1) (c) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (1) (c), r. (1) (d), am. (1) (e), cr. (1) (f) 6m., am. (2) (intro.), cr. (2) (bm), am. (3) Register May 2020 No. 773, eff. 6-1-20.

PI 35.05 PI 35.05 Pupil application requirements.

PI 35.05(1) (1) Definitions. In this section:

PI 35.05(1)(a) (a) “Continuing pupil” means an applicant who participated in the choice program or a program under s. 118.60, Stats., in the immediately preceding school year.

PI 35.05(1)(b) (b) “Prior year” means the calendar year prior to the school year for which the applicant is applying.

PI 35.05(1)(c) (c) “Family size” means the number of people who reside together as part of the same household and who are related by birth, marriage, or adoption. Family size includes parents, pupil applicants, and other children who share at least one parent by birth, adoption, or by a parent’s current marriage. A parent on military duty is considered to be residing in the household.

PI 35.05(1)(d) (d) “Family income” means the federal adjusted gross income of the parents included in the family size.

PI 35.05(2) (2) Residency eligibility. A school shall obtain one of the residency documents specified by the department from an applicant’s parent that shows the applicant resides at the address on the application at the time of application. The residency document shall be dated no earlier than 3 months prior to the start of the open application period in which an applicant applies. If a school receives a lease agreement as a residency document, the lease term shall include the date the application was received. The document shall contain the parent name and match the address on the application.

PI 35.05(3) (3) Address verification. A school shall verify that the address on a pupil’s application is in the city of Milwaukee by using the city of Milwaukee assessor website, the state of Wisconsin’s Statewide Voter Registration System or any other source permitted by the department.

PI 35.05(4) (4) Income eligibility. A continuing pupil or a pupil on a choice program waiting list in the preceding school year is not subject to the income requirements for the choice program. A school shall determine if all other applicants meet the income eligibility requirements under s. 119.23 (2) (a), Stats., as follows:

PI 35.05(4)(a) (a) If the parent uses the department of revenue income determination method under s. 119.23 (2) (a) 1. b., Stats., the school or parent shall input the parent’s social security number into the online application system or parent application. If the department of revenue is unable to verify family income, the parent shall use the department of public instruction income determination method under par. (b).

PI 35.05(4)(b) (b) If the parent uses the department of public instruction income determination method, the school shall do all of the following:

PI 35.05(4)(b)1. 1. A school shall obtain the income documentation required by the parent application from the parent. The school shall ensure the information on the income documentation matches the information provided in the online parent application.

PI 35.05(4)(b)2. 2. A school shall determine whether a pupil is income eligible for the choice program based on the family size and prior year family income.

PI 35.05(4)(b)3. 3. A pupil shall be determined ineligible if the application indicates the parent did not receive any income and the application does not contain a sufficient explanation of how basic needs are met.

PI 35.05(4)(b)4. 4. A pupil shall be determined ineligible if the explanation of how basic needs are met states that income or government assistance was received, but the application states the parent listed on the application did not receive income or participate in government assistance programs.

PI 35.05(5) (5) Age requirement. In order to be eligible for the choice program, a 4-year-old kindergarten pupil, 5-year-old kindergarten pupil, and a first grade pupil shall attain the ages specified in s. 118.14 (1), Stats.

PI 35.05(6) (6) Application receipt. A school may only receive an application during an open application period selected by the school under s. PI 35.03 (3) (c) or 35.04 (2) (c). Except as provided under sub. (8), the school shall receive all documentation, including the documentation required under subs. (2) and (4), during the same open application period in which the school receives the application.

PI 35.05(7) (7) Ineligible applications. An application shall be determined ineligible if any of the following apply:

PI 35.05(7)(a) (a) The application does not comply with this section or s. 119.23, Stats., and a correction of the application under sub. (8) is not allowable.

PI 35.05(7)(b) (b) The application contains contradictory information.

PI 35.05(8) (8) Correcting Applications. A school may correct an application only in the following circumstances and manner:

PI 35.05(8)(a) (a) The school shall correct an application by December 15 for applications received during an open application period prior to the third Friday in September and by the due date for the second Friday in January enrollment audit required under s. PI 35.07 (1) for applications received during an open application period after the third Friday in September. If the school does not correct the application as required in this subsection by the specified date, the application is ineligible.

PI 35.05(8)(b) (b) The school shall obtain additional residency documentation after the open application period in which the application was received if all of the following apply:

PI 35.05(8)(b)1. 1. The school received residency documentation from the parent during the open application period in which the application was received and the residency documentation contains the following:

PI 35.05(8)(b)1.a. a. An address.

PI 35.05(8)(b)1.b. b. The parent’s name, even if the name is misspelled, is abbreviated, or is a nickname.

PI 35.05(8)(b)2. 2. The additional residency documentation is in the parent’s name, contains the parent’s correct address, and meets the requirements in subs. (2) and (3).

PI 35.05(8)(c) (c) The school shall obtain a prior year tax transcript for each parent on the application showing that the family is income eligible for the choice program based on the prior year income if both of the following apply:

PI 35.05(8)(c)1. 1. The application indicates the parent on the application received income.

PI 35.05(8)(c)2. 2. The income documentation provided by the parent during the open application period in which the application was received is not for the correct year or is not the required document for the type of income included on the application.

PI 35.05(8)(d) (d) The school shall obtain a prior year tax transcript for each parent on the application showing a verification of non-filing and support that the parent received the government assistance in the prior year that is identified on the application, or a prior year tax transcript showing the parent did not receive any income in the prior year if both of the following apply:

PI 35.05(8)(d)1. 1. The application indicates the parent on the application did not receive income but participated in government assistance programs.

PI 35.05(8)(d)2. 2. The government assistance programs documentation provided by the parent during the open application period in which the application was received is not for the correct year or is not the required document for the type of government assistance included on the application.

PI 35.05(8)(e) (e) The school shall obtain documentation showing that the pupil participated in kinship or foster care if the application indicates the pupil participated in the kinship or foster care program but the school did not receive documentation that complies with the requirements in sub. (4).

PI 35.05 History History: CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (4) (a) made under s. 13.92 (4) (b) 7., Stats., and correction in (6) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (1) (a), (4) (a), (b) 2., (8) (c) (intro) Register May 2020 No. 773, eff. 6-1-20.

PI 35.06 PI 35.06 School year enrollment.

PI 35.06(1) (1) Application acceptance. A school may not accept pupil applications until the school has completed all of the following:

PI 35.06(1)(a) (a) The school has filed with the department its notice of intent to participate for the following school year required under s. PI 35.03 (3) or a new private school has submitted the information required under s. PI 35.04 (2).

PI 35.06(1)(b) (b) The department has approved the school’s plan for randomly selecting pupils to participate in the choice program or the school has adopted the random selection agreement provided by the department as set forth under s. PI 35.03 (3) (a) or 35.04 (2) (a).

PI 35.06(1)(c) (c) The school has paid the nonrefundable auditor fee required under s. 119.23 (2) (a) 3., Stats., or s. PI 35.04 (3).

PI 35.06(2) (2) Application eligibility & verification. A school shall make application eligibility determinations based on the requirements in s. PI 35.05. The determination shall be made prior to random selection, prior to the next application period, within 60 days after the school receives the application, or prior to the next count date, whichever occurs first. The school shall also verify applications in the online application system within 60 days after the school receives the application or prior to the next count date, whichever occurs first.

PI 35.06(3) (3) Random selection. A school shall accept pupils on a random basis in accordance with the method filed with the department and approved under s. PI 35.03 (3) (a) or 35.04 (2) (a).

PI 35.06(4) (4) Application retention. A school shall retain the following records for at least 5 years from the end of the school year in which the pupil applied to the school unless the department or a law enforcement agency requires the school to retain the records for a longer period:

PI 35.06(4)(a) (a) Electronic or paper copies of pupil paper applications and supporting income and residency documentation required under s. PI 35.05 for all accepted and non-accepted choice pupils who have submitted applications to the school.

PI 35.06(4)(b) (b) Copies of all notices to a pupil or pupil’s parent regarding acceptance and non-acceptance.

PI 35.06(4)(c) (c) Any other correspondence related to a pupil.

PI 35.06(5) (5) Simultaneously enrolled pupil. A pupil participating in the choice program may not receive a choice program payment under s. 119.23, Stats., and be simultaneously enrolled, in or out of Wisconsin, in another private school, a home-based private educational program, a charter school under s. 118.40 (2r) or (2x), Stats., or a public school district. A pupil receiving a payment under s. 119.23, Stats., may not receive a payment under s. 115.7915 (4m) or 118.60, Stats.

PI 35.06(6) (6) Full-time equivalent. The amount paid by the department to a school under s. 119.23 (4), Stats., shall be based on the full-time equivalent for each pupil times the payment amount in s. 119.23 (4), Stats. The full-time equivalent shall be determined as follows:

PI 35.06(6)(a) (a) Pupils in grades one through 12 shall be one full-time equivalent.

PI 35.06(6)(b) (b) A kindergarten pupil shall be one-half full-time equivalent except as follows:

PI 35.06(6)(b)1. 1. A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 5 days a week, but not on any day of the week that pupils enrolled in other grades in the school do not attend school, for an entire school term shall be counted as one full-time equivalent.

PI 35.06(6)(b)2. 2. A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 4 days a week, but not on any day of the week that pupils enrolled in other grades in the school do not attend school, for an entire school term shall be counted as a 0.8 full-time equivalent.

PI 35.06(6)(b)2m. 2m. A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 3 days a week, but not on any day of the week that pupils enrolled in other grades in the school do not attend school, for an entire school term shall be counted as a 0.6 full-time equivalent.