Chapter PI 49

PI 49.04(2)(e) (e) The school has a net loss or negative change in net assets in the financial audit, or a financial audit submitted under s. 118.60 or 119.23, Stats., or in the budget filed under sub. (1m) (b).

PI 49.04(2)(f) (f) The audit opinion statement included in the financial audit, or a financial audit submitted under s. 118.60 or 119.23, Stats., contains a qualification as to the school’s ability to continue as a going concern.

PI 49.04(2)(g) (g) The school failed to make payments to vendors as required by written agreement or, if there is no written agreement, within 90 days of invoice or payment request. The department shall consider this an indicator even if the school has entered into a payment plan with the vendor to pay the past due amount.

PI 49.04(2)(h) (h) The school has past due amounts with government agencies, including payment of employee withholdings. The department shall consider this an indicator even if the school has entered into a payment plan with the government agency to pay the past due amount.

PI 49.04(2)(i) (i) The school failed to pay its employees as required by ch. 109, Stats., or by written agreement with the employee.

PI 49.04(3) (3) Insufficient financial information.

PI 49.04(3)(a) (a) Except as provided under par. (b), the department shall determine that a school does not meet the requirements under s. 115.7915 (6) (f) 2., Stats., if any of the indicators under sub. (2) exist.

PI 49.04(3)(b) (b) An amount in dispute identified under sub. (2) (g) shall not be considered an indicator under sub. (2) (g) if all of the following are true:

PI 49.04(3)(b)1. 1. The school provided the department with written correspondence between the school and the vendor evidencing that the amount is in dispute.

PI 49.04(3)(b)2. 2. The school has sufficient cash available to pay the amount in dispute.

PI 49.04(3)(b)3. 3. The disputed amount is included in the budget as a current liability and paid in the first month of the budget.

PI 49.04(3)(c) (c) A school that does not meet the requirements under s. 115.7915 (6) (f) 2., Stats., shall file a surety bond with the department that meets the requirements under sub. (1m) (a) by the first weekday in June prior to the school year.

PI 49.04(4) (4) Bond call provisions. The department may call a bond filed by a school under this section for any of the following reasons:

PI 49.04(4)(a) (a) The school failed to timely file the report required under ss. PI 49.08 and PI 49.09 or the reports required under s. PI 49.07 (1).

PI 49.04(4)(b) (b) The school failed to timely refund the department any amount certified due from the school under s. PI 49.07 (4).

PI 49.04(4)(c) (c) The school failed to timely refund the department the reserve balance as prescribed under s. PI 49.09.

PI 49.04(4)(d) (d) The school failed to timely refund the department any other money owed to the department for any other reason under this chapter or s. 115.7915, Stats.

PI 49.04(5) (5) Revisions to number of available scholarships.

PI 49.04(5)(a) (a) A school that filed 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:

PI 49.04(5)(a)1. 1. The school shall file with the department a school information update form with the revised number of scholarships available. The school information update form shall include the expected summer school payment for pupils participating in the special needs scholarship program based on the expected number of special needs scholarship program pupils that will participate in summer school identified in the school’s notice of intent to participate filed under s. PI 49.03 (3).

PI 49.04(5)(a)2. 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.

PI 49.04(5)(a)3. 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.

PI 49.04(5)(a)4. 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:

PI 49.04(5)(a)4.a. 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.

PI 49.04(5)(a)4.b. 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.

PI 49.04(5)(b) (b) A school that filed 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:

PI 49.04(5)(b)1. 1. The school shall file with the department a school information update form with the revised number of scholarships available. The school information update form shall include the expected summer school payment for pupils participating in the special needs scholarship program based on the expected number of special needs scholarship program pupils that will participate in summer school identified in the school’s notice of intent to participate filed under s. PI 49.03 (3).

PI 49.04(5)(b)2. 2. The school shall file a bond with the department 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.

PI 49.04(5)(b)3. 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.

PI 49.04(5)(b)4. 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:

PI 49.04(5)(b)4.a. 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.

PI 49.04(5)(b)4.b. 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.

PI 49.04(5)(c) (c) A school that had an initial expected payment of less than $50,000 may revise the number of scholarships available as follows:

PI 49.04(5)(c)1. 1. The school shall file with the department a school information update form with the revised number of scholarships available. The school information update form shall include the expected summer school payment for pupils participating in the special needs scholarship program based on the expected number of special needs scholarship program pupils that will participate in summer school identified in the school’s notice of intent to participate filed under s. PI 49.03 (3).

PI 49.04(5)(c)2. 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.

PI 49.04(5)(c)3. 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.

PI 49.04(5)(c)4. 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:

PI 49.04(5)(c)4.a. a. If a bond was not filed under subd. 2., the revised expected payment is at least $50,000.

PI 49.04(5)(c)4.b. 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.

PI 49.04(5)(d) (d) A school that files 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.

PI 49.04(5)(e) (e) Pupils that are determined eligible under s. PI 49.05 (4) (a) or (5) (c) 1. for whom there is no scholarship 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) 2. for applications and s. PI 49.05 (5) (c) 2. for transfer requests.

PI 49.04 Note 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.

PI 49.04 History History: EmR1619: emerg. cr., eff. 6-2-16; CR 16-005: cr., Register October 2016 No. 730, eff. 11-1-16; EmR1630: emerg. r. (5), eff. 11-1-16; CR 16-066: r. (5) Register April 2017 No. 736, eff. 5-1-17; EmR1815: emerg. r. and recr. (1), cr. (1m), am. (2) (intro.), (a) to (e), (3) (c), cr. (5), eff 7-1-18; EmR1911: emerg. r. and recr. (1), cr. (1m), am. (2) (intro.), (a) to (f), (3) (c), (4) (intro.), cr. (5), eff. 7-1-19; CR 19-095: r. and recr. (1), cr. (1m), am. (2) (intro.), (a) to (f), (3) (c), (4) (intro.), cr. (5) Register March 2020 No. 771, eff. 4-1-20.

PI 49.05 PI 49.05 Pupil application requirements.

PI 49.05(1) (1) Explanation of rights and special education program profile. When an applicant applies to a school, the school shall provide the applicant with all of the following:

PI 49.05(1)(a) (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) (am), Stats.

PI 49.05(1)(b) (b) The profile of the school’s special education program required under s. PI 49.03 (3) (c).

PI 49.05(2) (2) Age requirement. In order to be eligible for the special needs scholarship 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 49.05(3) (3) Application receipt. An application shall be considered received under s. 115.7915 (3) (b), Stats., when an applicant has submitted all of the following to the school:

PI 49.05(3)(a) (a) An application.

PI 49.05(3)(b) (b) Residency documentation.

PI 49.05 Note Note: The application may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/special-needs-scholarship.

PI 49.05(4) (4) Application eligibility determination. Within 21 days of receiving an application under sub. (3), the special needs scholarship program administrator or designee shall do all of the following:

PI 49.05(4)(a) (a) Determine if the application is eligible pending the verification under par. (b) 1. by verifying all of the following:

PI 49.05(4)(a)1. 1. The address on the pupil’s application is in the Wisconsin school district listed on the application using the state of Wisconsin’s Statewide Voter Registration System or any another source permitted by the department.

PI 49.05(4)(a)2. 2. The residency document submitted under sub. (3) (b) is one of the residency documents specified by the department that shows the pupil 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 date the application is submitted under sub. (3) (a). If a school receives a lease agreement as a residency document, the lease term shall include the date the application was submitted under sub. (3) (a). The document shall contain the name of the parent on the application and match the address on the application.

PI 49.05(4)(b) (b) If the application is determined eligible under par. (a) and the school has an available scholarship for the pupil, the school shall do all of the following:

PI 49.05(4)(b)1. 1. Send an email to the local education agency that developed the pupil’s individualized education program or services plan requesting that the local education agency verify the pupil has an individualized education program or services plan that meets the requirements under sub. (7).

PI 49.05(4)(b)2. 2. Send an email to the pupil’s resident school district notifying it that, pending verification that the requirements of sub. (7) are met, the child will be awarded a scholarship under s. 115.7915, Stats.

PI 49.05(4)(c) (c) Notify an applicant in writing if one of the following occurs:

PI 49.05(4)(c)1. 1. The application under sub. (3) is determined ineligible. The school shall state in its letter the reasons why the application is ineligible.

PI 49.05(4)(c)2. 2. The application under sub. (3) is determined eligible but the school does not have a scholarship available for the pupil. The school shall state in the letter the pupil’s place on the school’s waiting list.

PI 49.05 Note Note: The student application designee authorization 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.

PI 49.05(5) (5) Transfer requests.

PI 49.05(5)(a) (a) An applicant may submit a transfer request for a pupil to transfer to a different school participating in the special needs scholarship program on a form provided by the department. A pupil that has been determined to no longer be a child with a disability under s. 115.7915 (4m) (e) 1., Stats., may not transfer under this subsection to a different school participating in the special needs scholarship program.

PI 49.05(5)(b) (b) A transfer request shall be considered received under s. 115.7915 (3) (b), Stats., when an applicant has submitted all of the following to the school:

PI 49.05(5)(b)1. 1. A transfer request form.

PI 49.05(5)(b)2. 2. Residency documentation.

PI 49.05(5)(b)3. 3. Individualized education program or services plan.

PI 49.05(5)(c) (c) Within 21 days of receiving a transfer request under par. (b), the special needs scholarship program administrator or designee shall do all of the following:

PI 49.05(5)(c)1. 1. Determine if the transfer request is eligible by verifying all of the following:

PI 49.05(5)(c)1.a. 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.

PI 49.05(5)(c)1.b. b. The residency document submitted 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 submitted 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 submitted under par. (b). The document shall contain the name of the parent on the transfer request and match the address on the transfer request.

PI 49.05(5)(c)1.c. c. The pupil was a special needs scholarship program pupil on the most recent count date based on the department’s response to the email request under subd. 1m.

PI 49.05(5)(c)1m. 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.

PI 49.05(5)(c)2. 2. Notify an applicant in writing if the transfer request was accepted or not accepted. The school shall state in its letter the reason or reasons why the transfer request is ineligible if the transfer request is determined ineligible. If the transfer request is determined eligible but the school does not have a scholarship available for the pupil, the school shall state in the letter the pupil’s place on the school’s waiting list.

PI 49.05 Note Note: The transfer request 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.

PI 49.05(6) (6) Sibling preference.

PI 49.05(6)(a) (a) A school may give an application under sub. (3) or a transfer request under sub. (5) from a sibling of a pupil who is already attending the school preference over either of the following:

PI 49.05(6)(a)1. 1. An application under sub. (3), if the school has not yet sent either of the emails required under sub. (4) (b).

PI 49.05(6)(a)2. 2. A transfer request under sub. (5), if the school has not sent the letter of acceptance under sub. (5) (c) 2.

PI 49.05(6)(b) (b) A school shall determine the eligibility of a sibling receiving preference under par. (a) before the date the school is required to determine the eligibility, under sub. (4) or (5), of any application or transfer request the sibling is given preference over.

PI 49.05(6)(c) (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.

PI 49.05(7) (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:

PI 49.05(7)(a) (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).

PI 49.05(7)(b) (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 has a disability.

PI 49.05(7g) (7g) Local education agency verification. The local education agency that developed the pupil’s individualized education program or services plan shall provide one of the following to the school within 5 business days of receiving the request under sub. (4) (b) 1.:

PI 49.05(7g)(a) (a) If the pupil has an individualized education program or services plan that meets the requirements under sub. (7), the local education agency shall send a copy of the individualized education program or services plan to the school as verification that the pupil meets the requirement under sub. (7).

PI 49.05(7g)(b) (b) If the pupil does not have an individualized education program or services plan that meets the requirements under sub. (7), the local education agency shall send an email or other written correspondence to the school indicating that the pupil does not meet the requirement under sub. (7).