Chapter PI 49

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).

PI 49.05(7r) (7r) Letter of acceptance or denial. Within 7 days of receiving the verification under sub. (7g), the special needs scholarship program administrator or designee shall notify the applicant, in writing, whether the application submitted under sub. (3) was determined eligible or ineligible. If the application is determined ineligible, the letter shall state the reason or reasons why the application is ineligible.

PI 49.05(8) (8) Scholarship continuance. Except as provided under sub. (9), a scholarship awarded to a pupil under this chapter shall continue until any of the following occur:

PI 49.05(8)(a) (a) The pupil graduates from high school.

PI 49.05(8)(b) (b) The pupil attains the age of 21. A pupil who attains the age of 21 shall receive the scholarship until the end of the school term in which the pupil attains the age of 21.

PI 49.05(8)(c) (c) The pupil no longer resides in Wisconsin as of the third Friday in September.

PI 49.05(8)(d) (d) The pupil is 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.

PI 49.05(8)(e) (e) A student who has been determined to no longer have a disability leaves the school he or she is attending.

PI 49.05(9) (9) Summer school attendance. A pupil may attend summer school at a different school and continue to receive a special needs scholarship program scholarship. The school the pupil attends under this subsection may not receive a special needs scholarship program payment under s. PI 49.16 for the pupil.

PI 49.05 History History: EmR1619: emerg. cr., eff. 6-2-16; CR 16-005: cr., Register October 2016 No. 730, eff. 11-1-16; correction in (1) (title) made under s. 35.17, Stats., Register October 2016 No. 730; EmR1630: emerg. am. (4) (intro.), (c) 2., r. and recr. (5) (a), (b), am. (5) (c) (intro.), renum. (5) (c) 2. (intro.) to (5) (c) 2. and am., r. (5) (c) 2. a., b., (d), am. (7) (a), r. and recr. (7) (b), cr. (7) (c), (d), eff. 11-1-16; CR 16-066: am. (4) (intro.), (c) 2., r. and recr. (5) (a), (b), am. (5) (c) (intro.), renum. (5) (c) 2. (intro.) to (5) (c) 2. and am., r. (5) (c) 2. a., b., (d), am. (7) (a), r. and recr. (7) (b), cr. (7) (c), (d) Register April 2017 No. 736, eff. 5-1-17; EmR1815: emerg. am. (1) (a), r. (3) (c), am. (4) (a) (intro.), r. (4) (a) 3., renum. (4) (b) to (4) (b) (intro.) and am., cr. (4) (b) 1., 2., renum. (5) (c) 1. to (5) (c) 1. (intro.) and am., cr. (5) (c) 1. a., b., 1m., renum. (6) (a) to (6) (a) (intro.) and am., am. (6) (c), r. and recr. (7), am. (8) (intro.), cr. (8) (e), (9), eff 7-1-18; EmR1911: emerg. am. (1) (a), r. (3) (c), am. (4) (a) (intro.), 2., r. (4) (a) 3., renum. (4) (b) to (4) (b) (intro.) and am., cr. (4) (b) 1., 2., renum. (5) (c) 1. to (5) (c) 1. (intro.) and am., cr. (5) (c) 1. a. to c., 1m., renum. (6) (a) to (6) (a) (intro.) and am., am. (6) (c), cr. (7g), (7r), am. (8) (intro.), cr. (8) (e), (9), eff. 7-1-19; CR 19-095: am. (1) (a), r. (3) (c), am. (4) (a) (intro.), 2., r. (4) (a) 3., renum. (4) (b) to (4) (b) (intro.) and am., cr. (4) (b) 1., 2., am. (4) (c) 2., renum. (5) (c) 1. to (5) (c) 1. (intro.) and am., cr. (5) (c) 1. a. to c., 1m., am. (5) (c) 2., renum. (6) (a) to (6) (a) (intro.) and am., am. (6) (c), r. and recr. (7), cr. (7g), (7r), am. (8) (intro.), cr. (8) (e), (9) Register March 2020 No. 771, eff. 4-1-20.

PI 49.06 PI 49.06 School year enrollment.

PI 49.06(1) (1) Document retention. A school shall retain all of the following records for at least 5 years from the end of the school year in which the pupil applies or 5 years after the pupil no longer attends the school, whichever occurs later, unless the department or a law enforcement agency requires the school to retain the records for a longer period:

PI 49.06(1)(a) (a) Copies of all documentation required under s. PI 49.05 for all accepted and non-accepted special needs scholarship program pupils who have submitted applications or transfer requests to the school.

PI 49.06(1)(b) (b) Copies of any documentation received for reevaluations under s. 115.7915 (2) (h), Stats.

PI 49.06(1)(c) (c) Copies of all documents required under s. PI 49.12.

PI 49.06(2) (2) Simultaneously enrolled pupil. Except as provided under s. PI 49.05 (9), a pupil participating in the special needs scholarship program may not receive a scholarship 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 scholarship under s. 115.7915, Stats., may not receive a payment under s. 118.60 or 119.23, Stats.

PI 49.06(3) (3) Full-time equivalent. The full-time equivalent shall be determined as follows:

PI 49.06(3)(a) (a) Pupils in grades one through 12 shall be one full-time equivalent.

PI 49.06(3)(b) (b) A kindergarten pupil shall be one-half full-time equivalent except as follows:

PI 49.06(3)(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 49.06(3)(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 49.06(3)(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.

PI 49.06(3)(b)3. 3. A school may count a pupil enrolled in a 4-year-old kindergarten program that provides the required number of hours of direct pupil instruction under s. 121.02 (1) (f), Stats., as a 0.6 full-time equivalent if the program also annually provides at least 87.5 additional hours of 4-year-old kindergarten outreach activities.

PI 49.06(3)(b)4. 4. For purposes of this subsection, “full-day” means the following:

PI 49.06(3)(b)4.a. a. If the private school offers first grade and is participating in a program under s. 118.60 or 119.23, Stats., the length of the school day required to meet the total number of hours of instruction for first grade pupils under ss. 118.60 (2) (a) 8. and 119.23 (2) (a) 8., Stats.

PI 49.06(3)(b)4.b. b. If the private school does not participate in a program under s. 118.60 or 119.23, Stats., the length of the school day required to meet the total number of hours of instruction for first grade pupils at the private school under s. 118.165 (1) (c), Stats.

PI 49.06(3)(b)4.c. c. If the private school does not offer first grade and is participating in a program under s. 118.60 or 119.23, Stats., the length of the school day required to meet the total number of hours of instruction for first grade pupils under s. 118.165 (1) (c), Stats.

PI 49.06(3m) (3m) Application and transfer request submission. By the next filing deadline, a school shall file with the department, using the online application system or other manner specified by the department, all of the applications determined eligible under s. PI 49.05 (4) and (7r) or transfer requests accepted under s. PI 49.05 (5) that have not previously been filed with the department. The filing deadlines are the second Friday in August, the last weekday in August, the third Friday in September, or the second Friday in January.

PI 49.06(4) (4) Preliminary class list submission. Annually by the last weekday in August, a school shall file with the department, using the online application system or other manner specified by the department, all of the following:

PI 49.06(4)(b) (b) A list of pupils enrolled in the special needs scholarship program at the school that identifies if each pupil was determined to no longer be a child with a disability under s. 115.7915 (4m) (e) 1., Stats., in a previous year.

PI 49.06(4)(c) (c) A class list of all pupils enrolled in the special needs scholarship program at the school by grade level. The class list may only include applications or transfer requests filed under sub. (3m) by the last weekday in August and may not include pupils that have withdrawn from the school.

PI 49.06(4)(d) (d) A list of the pupils that were enrolled in the special needs scholarship program that are no longer eligible for a scholarship under s. PI 49.05 (8) and have not been previously reported to the department.

PI 49.06(5) (5) Pupil count reports. Annually by the last weekday in September and the last weekday in January, a school shall file with the department, using the online application system or other manner specified by the department, all of the following:

PI 49.06(5)(b) (b) A pupil count report stating all of the following:

PI 49.06(5)(b)1. 1. The grade of each pupil participating in the special needs scholarship program on the immediately preceding count date. In order to be eligible for payment, a 4-year-old kindergarten pupil, 5-year-old kindergarten pupil, and first grade pupil shall attain the age specified in s. 118.14 (1), Stats. A pupil may only be included in the pupil count report if the pupil’s application or transfer request was filed under sub. (3m) by the count date for which the report is being submitted.

PI 49.06(5)(b)2. 2. Whether each pupil meets the requirements under sub. (6).

PI 49.06(5)(b)3. 3. Whether each pupil is a full scholarship pupil or a partial scholarship pupil.

PI 49.06(5)(b)4. 4. The total number of pupils in the school on the immediately preceding count date that meet the requirements under sub. (6).

PI 49.06(5)(c) (c) As part of the pupil count report for the third Friday in September, a school shall do all of the following for pupils that submitted applications or transfer requests in a previous school year that were determined eligible under s. PI 49.05 and have not had one of the events in s. PI 49.05 (8) occur:

PI 49.06(5)(c)1. 1. Obtain residency documentation for the pupil’s address on the third Friday in September that meets all of the following requirements:

PI 49.06(5)(c)1.a. a. The documentation is dated between the third Friday in August and the last weekday in September. If a school receives a lease agreement as a residency document, the lease term includes the third Friday in September.

PI 49.06(5)(c)1.b. b. The documentation is one of the residency documents specified by the department.

PI 49.06(5)(c)1.c. c. The document contains the name of the parent.

PI 49.06(5)(c)1.d. d. The address on the document matches the pupil’s address as of the third Friday in September.

PI 49.06(5)(c)2. 2. Determine whether the pupil has a different address than the previous school year. If a pupil has a different address, the school shall determine the pupil’s resident school district for the new address using the state of Wisconsin’s Statewide Voter Registration System or any other source permitted by the department.

PI 49.06(5)(d) (d) A list of the pupils that were enrolled in the special needs scholarship program that are no longer eligible for a scholarship under s. PI 49.05 (8) and have not been previously reported to the department.

PI 49.06(5)(e) (e) As part of the pupil count report for the third Friday in September, the school’s start and end date for the current school term.

PI 49.06(6) (6) Count requirements. A school may include a pupil on its pupil count report under sub. (5) (b) only if one of the following applies:

PI 49.06(6)(a) (a) The pupil is in attendance for instruction on the count date.

PI 49.06(6)(b) (b) The pupil is absent on the count date but attended the school for instruction at least one day during the school term prior to the count date and at least one day after the count date, and the pupil was not enrolled in another school in or out of Wisconsin, including another private school, a home-based educational program, a charter school under s. 118.40 (2r) or (2x), Stats., or a public school district, during the period of absence from the school.

PI 49.06(7) (7) Agreement of services. A school may only include a pupil on its report under sub. (4) (b) or (5) (b) if the school has a written agreement, as required under s. 115.7915 (6) (h) 1., Stats., with the pupil’s parent that meets all of the following requirements:

PI 49.06(7)(a) (a) The agreement specifies the services that will be provided to the special needs scholarship program pupil.

PI 49.06(7)(b) (b) The agreement is signed and dated by the parent and the school by the due date of a report submitted under sub. (4) (b) or the count date for a report submitted under sub. (5) (b).

PI 49.06 History History: EmR1619: emerg. cr., eff. 6-2-16; CR 16-005: cr., Register October 2016 No. 730, eff. 11-1-16; EmR1815: emerg. am. (2), (3) (intro.), cr. (3m), am. (4) (intro.), (d), (5) (intro.), (c) (intro.), 1. a., cr. (5) (d), (e), eff 7-1-18; EmR1911: emerg. am. (2), (3) (intro.), renum. (3) (b) 2. (intro.) to (3) (b) 2. and am., r. (3) (b) 2. a., b., cr. (3) (b) 2m., (3m), am. (4) (intro.), r. (4) (a), am. (4) (c), (d), (5) (intro.), r. (5) (a), am. (5) (b) 1., (c) (intro.), 1. a., c., cr. (5) (d), (e), (7), eff. 7-1-19; CR 19-095: am. (2), (3) (intro.), renum. (3) (b) 2. (intro.) to (3) (b) 2. and am., r. (3) (b) 2. a., b., cr. (3) (b) 2m., renum. (3) (b) 4. to (3) (b) 4. (intro.), cr. (3) (b) 4. a. to c., (3m), am. (4) (intro.), r. (4) (a), am. (4) (c), (d), (5) (intro.), r. (5) (a), am. (5) (b) 1., (c) (intro.), 1. a., c., cr. (5) (d), (e), (7) Register March 2020 No. 771, eff. 4-1-20; correction in (5) (e) made under s. 35.17, Stats., and correction in (7) made under s. 13.92 (4) (b) 1., Stats., Register March 2020 No. 771.

PI 49.07 PI 49.07 Enrollment audits.

PI 49.07(1) (1) Report completion and submission. A school shall engage an auditor to compile the enrollment audit using agreed upon procedures that identify ineligible pupils for whom the school has received payment under s. 115.7915 (4m) or (4p), Stats., pupils with incorrect data in the department’s database, and additional eligible pupils qualifying the school for a payment. The report shall be prepared in accordance with professional standards and identify the procedures agreed upon by the auditor and the department that were used. A school shall file an enrollment audit with the department for the following:

PI 49.07(1)(a) (a) The third Friday in September enrollment reported under s. PI 49.06 (5) (b). A school shall file its third Friday in September enrollment audit with the department by December 15.

PI 49.07(1)(b) (b) The second Friday in January enrollment reported under s. PI 49.06 (5) (b). A school shall file its second Friday in January enrollment audit with the department by the first weekday in May.

PI 49.07(2) (2) School records. A school shall provide its auditor with the official attendance records and the original classroom records for the auditor’s use in conducting the enrollment audit. The official attendance records shall identify pupils participating in the special needs scholarship program. If the official attendance records are from the school’s student information system, the school may provide a separate report from the student information system that identifies which students are special needs scholarship program pupils.

PI 49.07(3) (3) Required procedures. An auditor shall complete the procedures specified in the department’s audit guide, including all of the following:

PI 49.07(3)(a) (a) Determine the school’s process for preparing attendance records and accepting and reviewing applications and transfer requests.

PI 49.07(3)(b) (b) If a school counts any 4-year-old kindergarten pupil as a 0.6 full-time equivalent, as provided under s. PI 49.06 (3) (b) 3., verify that the 4-year-old kindergarten program is providing at least 87.5 hours of 4-year-old kindergarten outreach activities as documented by teacher logs.

PI 49.07(3)(c) (c) Complete a fraud risk assessment.

PI 49.07(3)(d) (d) If the school uses a student information system, complete testing of the enrollment software using one of the following:

PI 49.07(3)(d)1. 1. The department’s pupil enrollment software test plan.

PI 49.07(3)(d)2. 2. A pupil enrollment software test plan developed by the auditor. The auditor shall annually submit the plan to the department for approval. The auditor shall not use the test plan until it is approved by the department.

PI 49.07(3)(f) (f) Verify that the total number of pupils attending the school on the official attendance records match the total number of pupils based on the pupil count report under s. PI 49.06 (5) (b) for each grade category.

PI 49.07(3)(g) (g) Verify the enrollment for all special needs scholarship program pupils reported on the pupil count report under s. PI 49.06 (5) (b) using the school’s official attendance records.

PI 49.07(3)(i) (i) Verify that the special needs scholarship program pupils meet the requirements of s. PI 49.06 (6).

PI 49.07(3)(j) (j) Verify that the school did not receive a payment under s. 115.7915 (4m), Stats., for any of the following:

PI 49.07(3)(j)1. 1. Pupils for whom the school is receiving a childcare payment for all day care.

PI 49.07(3)(j)2. 2. Pupils who are enrolled in a public school district.

PI 49.07(3)(j)3. 3. Pupils participating in a program under s. 118.60 or 119.23, Stats.

PI 49.07(3)(k) (k) Select a sample of at least 60 pupils not participating in the special needs scholarship program from original classroom records and verify the school included the selected pupils in the official attendance records. The sample shall include pupils from each classroom. If the pupils are in different classrooms during the day, the auditor may select one period and select pupils from each classroom for that period. If the auditor identifies an auditing exception, the auditor shall increase the sample size in increments of 60 pupils until the auditor finds no additional exceptions or until the auditor verifies that all pupils have been properly included in reported enrollments. If the school has an enrollment of fewer than 60 pupils who did not participate in the special needs scholarship program, the auditor shall examine records for all pupils who did not participate in the special needs scholarship program.

PI 49.07(3)(L) (L) Reconcile the enrollment the school reported to the department under s. 115.30 (3), Stats., with the official attendance records of the school.

PI 49.07(3)(m) (m) Verify that any application that has not been counted on a previous count date under s. PI 49.06 (5) (b) meets the requirements of s. PI 49.05 and s. 115.7915 (2), Stats. If the auditor identifies that an application is missing the information required under s. PI 49.05 (4) (a) 2., the school may correct the application if the applicant provides the missing documentation. The missing documentation shall be provided by the due date of the enrollment audit specified under sub. (1) in which the application is required to be reviewed under this subsection. If the missing documentation is not provided by the required date, the application shall be determined ineligible.

PI 49.07(3)(n) (n) If a pupil participated in the special needs scholarship program in the previous year, the auditor shall verify that the residency documentation obtained pursuant to s. PI 49.06 (5) (c) meets the requirements of that paragraph.

PI 49.07(3)(o) (o) Verify that any pupils in 4-year-old kindergarten, 5-year-old kindergarten, or first grade meet the age requirements in s. 118.14 (1), Stats.