reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.04 - New private school requirements

Current through June 24, 2024
(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:
(a) A new private school's notice of
			 intent to participate that includes all of the following:
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.
2. The signature and mailing address of the
			 choice administrator.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.043 - Summer school enrollment and payment

Current through June 24, 2024
(1) In this
			 section:
(a) "Academic purposes" means summer
			 school learning experiences that are related or similar to instruction that is
			 offered during the rest of the school year or for which credit toward
			 graduation is given.
(b)
			 "Enrollment" or "pupils enrolled" in summer school means the sum of the first
			 day of attendance, last day of attendance and the days in between the pupil was
			 either in attendance or had an excused absence but was still enrolled in the
			 program.
(c) "Membership" for
			 summer school payments means the school's total minutes of enrollment of
			 eligible choice program pupils in academic summer classes or laboratory periods
			 necessary for academic purposes.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.046 - Financial audit requirements

Current through June 24, 2024
(1) A private
			 school under this chapter shall do all of the following:
(a) Annually by September 1 following a
			 school year in which the private school participated in the choice program, the
			 private school shall submit to the department an independent financial audit of
			 the private school conducted by a certified public accountant accompanied by
			 the auditor's opinion statement that the financial information report required
			 under s.
			 PI
			 35.045 is free from material misstatement and the
			 private school's per pupil cost and any payment adjustment is fairly presented.
			 The audit under this subdivision shall be limited in scope to those records
			 that are necessary for the department to make payments under s.
			 119.23(4) and
			 (4m), Stats.
(b) Have a written engagement agreement, a
			 copy of which shall be provided to the department upon request, with any
			 auditor providing services required by this chapter. The written agreement
			 shall contain all of the following:
1. A
			 statement that the auditor shall comply with generally accepted auditing
			 standards and the requirements of this chapter. The written agreement shall
			 also specify that the auditor shall comply with generally accepted governmental
			 auditing standards if required by other government agencies providing funds to
			 the private school.
2. The
			 responsibilities of the private school and the auditor in meeting the
			 requirements of this chapter.
3.
			 Any other services in addition to those required by this chapter that the
			 auditor is providing to the private school.
4. The auditor's acknowledgement that the
			 auditor is aware that the department will rely on the work of the auditor in
			 fulfilling its requirements under this chapter.
5. The auditor's compensation for the
			 services the auditor is providing the private school.
(c) Balance the financial accounting system
			 required under s.
			 PI
			 35.047(1) and provide the auditor
			 with a trial balance of account balances.
(d) Furnish all other financial and pupil
			 records the auditor considers necessary to provide the audit opinion
			 statement.
(e) Approve adjusting
			 entries recommended by the auditor recorded in the private school's financial
			 accounting records.
(f) Retain all
			 financial records relating to the report required under s.
			 PI
			 35.045 for at least 3 years from the date of the
			 department's certification of the financial information report under s.
			 PI
			 35.045(1) (g) 3. unless required to
			 retain such records longer by the department or a law enforcement
			 agency.
(g) Provide the department
			 access to original records referenced in the auditor's working papers and
			 provide copies as requested by the department.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.047 - Sound fiscal practices

Current through June 24, 2024
(1) A private school under this chapter shall
			 use a double entry financial accounting system that is organized in such a
			 manner that it will enable preparation of the report required under s.
			 PI
			 35.045(1) and provide such other
			 information to fiscally manage the private school. The accounting system shall
			 identify all the sources of funding used in the private school's operation
			 specifically identifying all of the following:
(a) Revenue for pupils participating in the
			 choice program.
(b) Revenue for
			 parent or other private-paid tuition pupils.
(c) Revenue from payments made to or due the
			 private school from the school district for instruction provided pupils
			 enrolled in the private school.
(d)
			 Revenue from payments made to or due the private school from the school
			 district for transportation of the private school's pupils.
(e) Revenue from federal, state and local
			 governments for instructional programs, food service and facility
			 acquisition.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.048 - Going concern determination

Current through June 24, 2024
(1) The following
			 shall be considered indicators that a private school under this chapter may not
			 meet the requirements of under s.
			 119.23(7) (am)
			 2. or (d) 2., Stats., or have the financial
			 ability to continue:
(a) The budget and
			 statement of cash flows required under s.
			 PI
			 35.047(2) show the private school has
			 inadequate revenues and other financial resources to fund current
			 operations.
(b) The audit opinion
			 statement required by s.
			 PI 35.046(1)
			 (a) contains a qualification as to the
			 private school's ability to continue as a going concern.
(c) Failure to make payments as required by
			 s.
			 PI 35.047(3) or
			 (4) as identified in the notarized statement
			 or report required by s.
			 PI 35.047(12) and
			 (13) or a written communication from a vendor
			 or employee.
(d) Failure to make
			 filings with or withholdings payments to the federal internal revenue service
			 as required by s.
			 PI 35.047(6)
			 (a), to the Wisconsin department of revenue
			 as required in s.
			 PI 35.047(6)
			 (b), or to the Wisconsin department of
			 workforce development as required by s.
			 PI 35.047(6)
			 (c) is identified in a written communication
			 from these agencies or in the notarized statement required under s.
			 PI
			 35.047(12) or report required by s.
			 PI
			 35.047(13).
(e) Audit reports provided as required in s.
			 PI 35.047(6)
			 (f) contain questioned costs or compliance
			 findings that may affect the private school's ability to continue.
(f) Failure of the private school to make
			 payment to the department as required by s.
			 PI
			 35.045(1) (g) 3. or
			 35.04(9)
			 (f).
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.05 - Pupil application requirements

Current through June 24, 2024
(1) DEFINITIONS. In
			 this section:
(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.
(b) "Prior year" means the calendar year
			 prior to the school year for which the applicant is applying.
(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.
(d)
			 "Family income" means the federal adjusted gross income of the parents included
			 in the family size.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.06 - School year enrollment

Current through June 24, 2024
(1) APPLICATION ACCEPTANCE. A school may not
			 accept pupil applications until the school has completed all of the following:
(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).
(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).
(c) The school has paid the nonrefundable
			 auditor fee required under s.
			 119.23(2) (a)
			 3, Stats., or s.
			 PI
			 35.04(3).
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.07 - Enrollment audits

Current through June 24, 2024
(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.
			 119.23(4) or
			 (4m), 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:
(a) The third
			 Friday in September enrollment reported under s.
			 PI
			 35.06(8). A school shall file its
			 third Friday in September enrollment audit with the department by December
			 15.
(b) The second Friday in
			 January enrollment reported under s.
			 PI
			 35.06(8). A school shall file its
			 second Friday in January enrollment audit with the department by the first
			 weekday in May if the school also participates in a program under s.
			 118.60,
			 Stats. The school shall file its second Friday in January enrollment audit with
			 the department by the last weekday in June if the school is not also
			 participating in a program under s.
			 118.60,
			 Stats.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.08 - Summer school attendance and payment

Current through June 24, 2024
(1) DEFINITION. In
			 this section, "academic purposes" means summer school learning experiences that
			 are related to or similar to instruction the school offers during the regular
			 school term or for which credit toward graduation is given.
(2) LIST OF CLASSES. Annually by the first
			 weekday in May, a school shall file with the department a list of academic
			 summer school classes and laboratory periods that the school will provide in
			 the following summer. The department shall annually review the list to ensure
			 the classes are for academic purposes.
(3) PROGRAM REQUIREMENTS. A school may count
			 any of the following as instruction for academic purposes:
(am) Music programs, lessons, sections, or
			 clinics.
(bm) Swimming instruction
			 programs, if taught or directed by a teacher at the site of the
			 instruction.
(cm) Field trips if
			 accompanied by a teacher and if all pupils have equal access to the field trips
			 regardless of a pupil's ability to pay.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.09 - Financial audit

Current through June 24, 2024
(1) FINANCIAL AUDIT REQUIREMENT. Annually by
			 October 15, a school shall submit a financial audit and financial audit
			 supplemental schedule to the department. The financial audit shall comply with
			 all of the following:
(a) The financial audit
			 shall either include the school-only balances and activity or shall be prepared
			 at the consolidated level as permitted by generally accepted accounting
			 principles.
(b) A school may submit
			 a financial audit that includes a modified audit opinion due to fixed assets
			 purchased prior to the school's participation in a program under ss.
			 115.7915,
			 118.60,
			 and
			 119.23,
			 Stats., not being included in the financial audit.
(c) The school shall have support for the
			 original purchase price for the fixed assets and evidence that the school paid
			 for the fixed asset purchases in order for the depreciation expense to be an
			 eligible education expense. If any fixed assets are included in the statement
			 of financial position that do not meet these requirements, the financial audit
			 shall include a footnote disclosure that includes the fixed asset amount,
			 accumulated depreciation, and current year depreciation expense for the fixed
			 assets that do not meet the requirements to be included as an eligible
			 education expense.
(d) Except as
			 provided under par. (b) and sub. (4) (b), a financial audit that includes a
			 modified audit opinion does not meet the requirements under s.
			 119.23(7) (am)
			 2m a., Stats., and this chapter unless the
			 modification is approved by the department.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.10 - Financial audit supplemental schedule

Current through June 24, 2024
(1) ELIGIBLE
			 EDUCATION EXPENSES. The eligible education expenses included in the financial
			 audit supplemental schedule shall comply with all of the following:
(a) Eligible education expenses may only
			 include those expenses that already have or will result in a cash
			 disbursement.
(b) Eligible
			 education expenses may only include the following:
1. In a standard financial audit, expenses
			 that are in the statement of activities, except for the cost of land. The
			 amount that the school paid for land shall be included in the first year the
			 land is used for educational programming using an allocation method under par.
			 (d), if applicable.
2. In a
			 modified financial audit, expenses that would be included in the statement of
			 activities for the school year based on generally accepted accounting
			 principles except for the following:
a. The
			 amount that the school paid for land shall be included in the first year the
			 land is used for educational programming using an allocation method under par.
			 (d), if applicable.
b.
			 Post-retirement benefits may be included as an eligible education expense based
			 on the amount expended for the post-retirement benefits in the school
			 year.
(c) An
			 expense may only be included as an eligible education expense one
			 time.
(d) If an expense or
			 government assistance revenue is partially related to educational programming,
			 the school shall use an allocation method to determine the portion that is
			 related to educational programming. The allocation methods shall be included in
			 the school's policy established under s.
			 PI 35.13(5)
			 (h).
(e) The following may not be included in
			 kindergarten through grade 12 eligible education expenses:
1. Contributed services, fixed assets, or
			 goods.
2. Scholarship awards and
			 financial support for pupils to attend the private school, including payments
			 to parents or others on behalf of pupils.
3. Daycare expenses except expenses for
			 before or after school care for kindergarten through grade 12 pupils that are
			 enrolled in educational programming at the school.
4m. Special needs scholarship program
			 excluded expenses.
5. Expenses for
			 pupils who are enrolled in the public school district and attending the private
			 school.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.11 - School financial requirements

Current through June 24, 2024
(1) ENGAGEMENT
			 LETTER. A school shall have a written engagement letter with each auditor
			 providing services required by this chapter. The school or auditor shall
			 provide a copy of the engagement letter to the department upon request. The
			 written engagement letter shall contain all of the following:
(a) A statement that the auditor shall comply
			 with generally accepted auditing standards and the requirements of this
			 chapter.
(b) A statement that the
			 auditor shall comply with generally accepted governmental auditing standards if
			 other governmental agencies providing funds to the school so require.
(c) The responsibilities of the school and
			 the auditor in meeting the requirements of this chapter.
(d) The services the auditor provides to the
			 school that are in addition to those audit and attestation services required
			 under this chapter.
(e) The
			 auditor's acknowledgement that the department will rely on the auditor's work
			 to fulfill the department's responsibilities under s.
			 119.23,
			 Stats., and this chapter.
(f) The
			 auditor's compensation for the services the auditor provides to the
			 school.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.12 - Auditor requirements

Current through June 24, 2024
(1) INDEPENDENCE REQUIREMENTS. An auditor
			 engaged by a school to meet the requirements under this chapter and s.
			 119.23,
			 Stats., shall comply with the standards of the American Institute of Certified
			 Public Accountants, including all of following:
(a) An auditor shall comply with the
			 requirements of s.
			 Accy
			 1.101.
(b)
			 An auditor shall obtain the school's trial balance required under s.
			 PI
			 35.11(2) if the auditor is completing
			 compilation or review services.
(c)
			 Except as provided in par. (d), an auditor may not post or prepare for posting
			 typical reoccurring financial transactions to the school's general ledger,
			 including cash receipts and disbursements, invoices or billings for services,
			 billings from vendors and suppliers, and payroll activity.
(d) An auditor shall obtain written approval
			 of the school's management prior to posting adjusting, correcting, and closing
			 journal entries to the school's general ledger. An auditor's working papers
			 shall document evidence of management approval for all such entries resulting
			 from a financial statement compilation, review, or audit.
(e) If an auditor assists in the preparation
			 of a school's budget, the auditor shall do all of the following:
1. Comply with s.
			 Accy
			 1.201(1) (e)  regarding
			 forecasts.
2. Identify that such
			 assistance was provided, if required by the department.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.13 - Fiscal and internal control practices

Current through June 24, 2024
(1) FINANCIAL
			 ACCOUNTING SYSTEM. A school participating in the choice program shall use a
			 double entry financial accounting system organized in a manner that enables
			 preparation of the audit under ss.
			 PI 35.09 and
			 35.10 and contains any other information necessary to fiscally manage the
			 school. The accounting system shall identify all sources of funding a school
			 uses in the school's operation. The accounting system shall identify all of the
			 following if the school receives revenue from the specified source:
(a) Revenue from pupils participating in the
			 choice program.
(b) Revenue from
			 parents or other privately paid tuition pupils.
(c) Revenue from the school district in which
			 the school is located for instruction of pupils enrolled in the
			 school.
(d) Revenue from the school
			 district in which the school is located for transportation of the school's
			 pupils.
(e) Revenue from federal,
			 state, and local governments.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.14 - First time participant financial requirements

Current through June 24, 2024
(1g) DEFINITIONS.
			 In this section:
(a) "Initial expected
			 payment" means a school's expected payment amount calculated as the total of
			 the following:
1. The full-time equivalent for
			 pupils participating in a program under ss.
			 118.60
			 and
			 119.23,
			 Stats., multiplied by the per pupil payment amount determined under ss.
			 118.60(4)
			 and
			 119.23(4),
			 Stats. The full-time equivalent for the pupils in this subdivision shall be
			 based on the available seats in each program under ss.
			 118.60
			 and
			 119.23,
			 Stats., in a school's notice of intent to participate filed under ss.
			 PI
			 35.03(3) and 48.03(3) or the new
			 private school participation information submitted under ss.
			 PI
			 35.04(2) and 48.04(2).
2. The expected summer school payment for
			 pupils participating in a program under ss.
			 118.60
			 and
			 119.23,
			 Stats., based on the expected number of choice program pupils that will
			 participate in summer school identified in the school's notice of intent to
			 participate filed under ss.
			 PI
			 35.03(3) and 48.03(3) or the new
			 private school participation information submitted under ss.
			 PI
			 35.04(2) and 48.04(2).
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.15 - Lack of financial viability and going concern determinations

Current through June 24, 2024
(1) INDICATORS. Any
			 of the following shall be indicators that a school does not have the ability to
			 continue as a going concern or that the school does not meet the financial
			 viability requirements under s.
			 119.23(7) (am)
			 2m b. or (7m) (c), Stats.:
(a) The budget and statement of cash flows
			 required under s.
			 PI
			 35.13(2) or 35.14(3) show the school
			 has inadequate revenues and other financial resources to fund current
			 operations, has negative cash flows, has a negative net asset balance, or has a
			 net loss.
(b) The audit opinion
			 statement included in the financial audit, or in a financial audit submitted
			 under s.
			 115.7915,
			 Stats., contains an emphasis of matter regarding the school's ability to
			 continue as a going concern.
(c)
			 The school failed to make payments as required under s.
			 PI 35.13(3)
			 or (4).
(d) The school failed to be current with
			 filings, payments, or withholdings payments required under s.
			 PI
			 35.13(6).
(e) The audit reports required under s.
			 PI 35.13(6)
			 (f) contain questioned costs or compliance
			 findings that may affect the school's ability to continue.
(f) The school has a negative net asset
			 balance in its financial audit or in a financial audit submitted under s.
			 115.7915,
			 Stats.
(g) The school has a
			 negative net current obligation in its financial audit, in a financial audit
			 submitted under s.
			 115.7915,
			 Stats., or in the budget and statement of cash flows required under s.
			 PI
			 35.13(2) or 35.14(3). The net current
			 obligation shall be calculated as the current assets less the current
			 liabilities.
(h) The school has a
			 net loss or negative change in net assets in its financial audit or in a
			 financial audit submitted under s.
			 115.7915,
			 Stats.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.16 - Administrator, teacher and teacher aide requirements

Current through June 24, 2024
(1) DEFINITIONS. In
			 this section:
(a) "Accredited institution of
			 higher education" means an institution that is listed on the U.S. Department of
			 Education Database of Accredited Postsecondary Institutions and
			 Programs.
(b) "Administrator" has
			 the meaning given in s.
			 119.23(1)
			 (ae), Stats.
(c) "Teacher" has the meaning given in s.
			 119.23(1)
			 (d), Stats.
(d) "Teacher aide" means any individual
			 assisting with educational programming who is not a teacher or
			 volunteer.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.17 - Auditor fee

Current through June 24, 2024
(1) The department shall annually determine
			 the amount of the nonrefundable fee a school shall pay to the department under
			 s.
			 119.23(2) (a)
			 3, Stats. The department shall calculate the
			 amount of the auditor fee by dividing the cost of the auditor position and
			 unfunded prior year auditor costs, as determined by the department, by the
			 number of schools that are required to submit the information under s.
			 PI
			 35.06(8).
(2) Except as provided under s.
			 PI 35.04(1)
			 (e), a school shall pay the auditor fee with
			 a cashier's check or another guaranteed manner permitted by the department by
			 January 10 of the year prior to the school year in which the school
			 participates in the choice program.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.18 - Income limit calculation

Current through June 24, 2024
Annually by the first weekday in December, the state
				superintendent shall calculate the income and tuition limits for pupil
				participation in the choice program for the next school year as follows:
(1) Multiply the most recent federal poverty
			 level available from the federal office of management and budget by 3.00 to
			 determine the income limit for pupils participating in the choice program in
			 the next school year.
(2) Multiply
			 the most recent federal poverty level available from the federal office of
			 management and budget by 2.20 to determine the income limit above which a
			 school may charge tuition to choice pupils who are in grades 9 to 12.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.20 - Department authority

Current through June 24, 2024
(1)  INQUIRIES. Except as provided under s.
			 119.23,
			 Stats., the department may make inquiries to ascertain the accuracy and
			 completeness of information contained in audits or reports required under s.
			 119.23,
			 Stats., or this chapter. Schools and auditors shall promptly respond to
			 inquiries made by the department.
(2) TRAINING. The department may provide
			 training to school staff and auditors. The department may charge a reasonable
			 fee for providing training under this subsection.
(3) DISQUALIFIED PERSON. The department may
			 disqualify a person under s.
			 119.23(1)
			 (ag), Stats., whether the individual is
			 compensated or uncompensated.
(4)
			 PUPIL CONFIDENTIALITY. The department shall maintain pupil confidentiality at
			 all times.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 35 - Milwaukee Parental Choice Program › Section PI 35.21 - Request for a hearing on department action

Current through June 24, 2024
(1) WHO MAY
			 REQUEST. A person or school adversely affected by an action of the department
			 under this chapter or s.
			 119.23,
			 Stats., may request a contested case hearing on that action. A request for a
			 contested case hearing shall be filed with the office of legal services within
			 14 days of the date of the department's action.
Note:
See s.
				227.42,
				Stats. A request for a contested case hearing may be filed with the office of
				legal services at the following address:
Office of Legal Services
Wisconsin Department of Public Instruction
125 S. Webster St.
PO Box 7841
Madison, WI 53707-7841
(2) REQUEST FORM.
(a)
			  A request for a contested case hearing under sub. (1) shall be in
			 writing and shall describe all of the following:
1.
			  The department action on which a hearing is requested.
2. The requester's substantial interest
			 claimed to be adversely affected.
3.
			  How the department's action adversely affected the requester's
			 substantial interest.
4. The
			 grounds for the hearing request, including each of the specific material facts
			 or legal issues that are in dispute. Any material fact or legal issue that is
			 not disputed shall be deemed admitted.
5.
			  The relief sought.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter I - General Provisions › Section PI 36.01 - Authority and intent

Current through June 24, 2024
(1) This chapter is adopted under ss.
				227.11(2)
				(a)(intro.) and 118.51, Stats., and
				interprets ss.
				118.40(8),
				118.51,
				and
				121.05(1)
				(a), Stats.
(2) This chapter establishes procedures and
				requirements relating to applying for the full-time open enrollment program,
				including: timely notification to school boards, parents, and the department;
				accepting and rejecting applications; and filing and deciding
				appeals.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter I - General Provisions › Section PI 36.03 - Applicability

Current through June 24, 2024
(1) Except as provided under sub. (2), a
				pupil may attend a public school, including a charter school, in a nonresident
				school district under the full-time open enrollment program.
(2) A pupil may attend a prekindergarten,
				4-year-old kindergarten, early childhood or school-operated day care program in
				a nonresident school district only if all of the following apply:
(a) The pupil's resident school district
				offers the same type of program that the pupil wishes to attend, as determined
				by sub. (3).
(b) The pupil is
				eligible to attend that program in the pupil's resident school
				district.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter II - School Board Policies and Designation of Spaces › Section PI 36.04 - Nonresident school board

Current through June 24, 2024
(1) DESIGNEE. The
				nonresident school board may appoint a designee to act on applications for the
				full-time open enrollment program, subject to any policies and criteria adopted
				by the school board.
(2) BOARD
				POLICIES.
(a) The nonresident school board
				shall adopt policies to administer the full-time open enrollment program, as
				required under s.
				118.51(4)
				(a), Stats. If the nonresident school board
				wishes to amend its policies under s.
				118.51(4)
				(b), Stats., it shall do so prior to the
				first day of the regular application period to which the policy will first
				apply.
(b) The policy shall include
				all of the provisions required in s.
				118.51(4)
				(a), Stats., and the following:
1. Which pupils, if any, will be guaranteed
				approval under sub. (3).
2. The
				method of random selection used to determine which applications will be
				approved when there are more applications than spaces. If the policy provides
				for the board to conduct a separate random selection for each grade, the board
				shall first randomize the order in which each grade is drawn.
3. If the nonresident school board
				establishes a waiting list under s.
				118.51(5)
				(d), Stats., the procedure required under
				sub. (5).
4. If required under sub.
				(6), a habitual truant policy.
5. A
				procedure to receive and date applications that are received during the regular
				application period.
(c)
				The policy shall establish criteria to determine the number of spaces available
				in each grade in the school district, as follows:
1. The board may establish criteria solely
				for the purpose of designating open enrollment spaces.
2. The criteria may consider the availability
				of space in the schools, programs, classes, or grades of the school district,
				but shall aggregate the number of spaces by grade for purposes of designating
				spaces at the January board meeting.
3. In aggregating the number of spaces by
				grade, the school board may combine grades. If the school board combines
				grades, the combined grades shall be treated as a single grade for purposes of
				guarantees, preferences and random selection.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter II - School Board Policies and Designation of Spaces › Section PI 36.05 - Resident school board

Current through June 24, 2024
The resident school board may appoint a designee to act on
				  applications for the full-time open enrollment program, subject to the policies
				  and criteria adopted by the school board.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter III - Full-time Open Enrollment › Section PI 36.06 - Application and notification procedures

Current through June 24, 2024
(1) SUBMISSION.
(a) The parent of a pupil who wishes to
				attend a public school in a nonresident school district shall do one of the
				following:
1. Submit an application to the
				nonresident school board during the regular application period. In order to be
				considered by the nonresident school board, the application shall be received
				by the nonresident school district no earlier than the first day of the regular
				application period and no later than 4:00 p.m. on the last day of the regular
				application period.
2. Submit an
				application to the nonresident school board under the alternative application
				procedure. An alternative application may be submitted no earlier than July 1
				and no later than the last day of the school term during which the pupil will
				first attend.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter III - Full-time Open Enrollment › Section PI 36.07 - Alternative application procedures

Current through June 24, 2024
The following additional provisions apply to applications
				  submitted under the alternative application procedure:
(1) APPLICATION. A pupil is a victim of a
				violent criminal offense under s.
				118.51(3m)
				(b)1, Stats., if the resident school board
				determines that the pupil has been a victim of a violent criminal offense, as
				defined in ch.
				PI
				23.03, under either of the following circumstances and
				reports the incident to the appropriate law enforcement agency and to the
				building principal:
(a) The pupil has been a
				victim of a violent criminal offense while on the school grounds of the school
				that the pupil attends during school hours, or during a school-sponsored event
				at the school the pupil attends that does not occur during school
				hours.
(b) The pupil has been a
				victim of a violent criminal offense while being transported to school for the
				purposes of attending curricular programs during school hours, or from school
				to home immediately following school hours on a school bus owned, leased, or
				contracted by the school district or by a motor vehicle operated as an
				alternative method of transportation under s.
				121.555,
				Stats.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter III - Full-time Open Enrollment › Section PI 36.08 - Administrative and aid transfer procedures

Current through June 24, 2024
(1) PUPILS
				ENROLLED. In calculating the count of pupils enrolled under s.
				121.004(7),
				Stats., for pupils in kindergarten and 4-year-old kindergarten, the count shall
				be based on the program the pupil attends in the nonresident school
				district.
(2) CHANGE OF ADDRESS.
(a) The parent of a pupil enrolled in a
				nonresident school district shall notify the nonresident school board of any
				change of address. The nonresident school board shall notify the resident
				school board of the pupil's new address.
(b) If the pupil moves to a Wisconsin school
				district other than the nonresident school district, the pupil may continue
				open enrollment without reapplication, except as provided in s.
				118.51(3)
				(c), Stats.
(c)
1. If
				the pupil was attending the nonresident school district under open enrollment
				on the 3rd Friday in September, the school district in which the pupil resided
				on the 3rd Friday in September in any school year shall be the resident school
				district for purposes of the full-time open enrollment program and shall be
				responsible for the open enrollment payment for the pupil for the remainder of
				that school year.
2. If the pupil
				first attended a nonresident school after the 3rd Friday in September, the
				school district in which the pupil resided when the pupil began attending the
				nonresident school district shall be the resident school district for purposes
				of the full-time open enrollment program and shall be responsible for the open
				enrollment payment for the pupil for the remainder of that school
				year.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter III - Full-time Open Enrollment › Section PI 36.09 - Termination of open enrollment

Current through June 24, 2024
(1) EXPULSION. If a
				pupil is expelled by the nonresident school board, the nonresident school board
				may terminate the pupil's open enrollment. If the nonresident school board does
				not terminate the expelled pupil's open enrollment, the following provisions
				apply:
(a) If the pupil is a child with a
				disability, the nonresident school board shall provide services in accordance
				with
				34 CFR
				300.530(d).
(b) The nonresident school board may assign
				the pupil to an alternative school in the school district.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter III - Full-time Open Enrollment › Section PI 36.10 - Special education

Current through June 24, 2024
(2)  NOT CURRENT OR MISSING IEP.
(a)
1. If
				an application is submitted by a child with a disability who does not have a
				current IEP, the nonresident school board shall use the following records to
				determine whether it has the special education program or space:
a.  The most recent IEP that was developed
				for the pupil.
b. If the pupil does
				not have an IEP or an IEP cannot be located, the most recent special education
				evaluation conducted for the pupil.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter III - Full-time Open Enrollment › Section PI 36.11 - Virtual charter schools

Current through June 24, 2024
(1) LOCATION OF SCHOOL ATTENDANCE.
(a) Except as provided in par. (b),
				attendance within a school district means the pupil physically attends a school
				or program located within the physical boundaries of the nonresident school
				district.
(b) A pupil attending a
				virtual charter school is considered to be attending a school located within
				the nonresident school district as specified in s.
				118.40(8)
				(a), Stats., regardless of the physical
				location of any component of the virtual charter school or of the
				pupil.
(c) A pupil participating in
				an online course or program that is not offered through a virtual charter
				school is not considered to be attending a school located within the
				nonresident school district, unless the pupil is in physical attendance as
				described in par. (a).
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter III - Full-time Open Enrollment › Section PI 36.12 - Confidentiality of pupil records

Current through June 24, 2024
(1) DURING THE
				APPLICATION PROCESS.
(a) The following pupil
				records shall be provided to the nonresident school board by the resident
				school board during the application process.
1. The most recent IEP.
2. The most recent special education
				evaluation, if an IEP is not available.
3. Information that the pupil has been
				referred to his or her resident school board under s.
				115.777(1),
				Stats., or identified by his or her resident school board under s.
				115.77(1m)
				(a), Stats.
4. Any expulsion findings and orders
				pertaining to the pupil, records of any pending disciplinary proceeding
				involving the pupil, a written explanation of the reasons for the expulsion or
				pending disciplinary proceeding and the length of the term of the expulsion or
				the possible outcomes of the pending disciplinary proceeding.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter IV - Transportation and Appeals › Section PI 36.13 - Transportation

Current through June 24, 2024
(1) In this section, "maximum reimbursement
				per pupil" means 3 times the statewide average per pupil transportation
				cost.
(2)
(a) The parent of a pupil who is eligible for
				a free or reduced-price meal under
				42 USC
				1758(b) may apply for
				reimbursement of costs incurred by the parent for transportation of the pupil
				to and from the pupil's residence and the school the pupil will be attending.
				The parent shall file a claim with the department by July 15 following the
				school year in which the transportation was provided. The amount of
				reimbursement shall be calculated as follows:
1. Multiply the maximum reimbursement per
				pupil by the number of pupils transported.
2. Determine the sum of transportation costs
				for each mode of transportation as follows:
a.
				When a family vehicle is used, the mileage cost is equal to the number of miles
				in a round trip from home to school times the number of round trips made per
				day times the total number of days transportation was provided times the
				mileage rate specified in s.
				20.916(4)
				(e), Stats. The mileage cost may be
				calculated separately for each pupil who is transported separately, but may not
				be calculated separately for pupils who are transported at the same
				time.
b. When public transportation
				is used, the actual cost is equal to the number of daily, weekly, or monthly
				bus passes purchased for the sole use of transporting the pupil to and from
				school times the cost of the daily, weekly, or monthly bus pass. The cost of
				public transportation is calculated per pupil transported.
c. When another mode of transportation is
				used, the parent shall submit a receipt for payments made to a private transit
				company, a taxi, or to a school board for transportation provided pursuant to
				s.
				121.545,
				Stats.
3. The amount of
				eligible reimbursement is equal to the lesser of the amounts in subd. 1. or 2.
				4. If the sum of eligible reimbursement for all parents who submit a claim is
				less than the amount appropriated, the payments shall be prorated among the
				parents eligible for reimbursement.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter IV - Transportation and Appeals › Section PI 36.14 - Appeals

Current through June 24, 2024
(1) RECEIPT AND FILING OF APPEALS.
(a) The parent of a pupil whose application
				for open enrollment has been denied by a school board may file an appeal of the
				decision with the state superintendent.
(b) The appeal shall be filed within 30
				calendar days after the decision is delivered to the parent or postmarked,
				whichever occurs first.
(c) The
				appeal shall meet the requirements of ch.
				PI
				1.03.
(d)
				The appeal shall specify what decision is being appealed and explain why the
				appellant believes that the decision was arbitrary or unreasonable.
(e) The state superintendent may reject an
				appeal if the appellant bases the appeal on factors unrelated to the school
				board's reason for denying the application. The state superintendent may
				require the appellant to provide additional explanation.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter V - Part-Time Open Enrollment › Section PI 36.15 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Application" means a paper or
				Internet-based form developed by the department under s.
				118.52(3) (a),
				Stats., for the part-time open enrollment program.
(2) "Nonresident school board" means the
				school board of the nonresident school district.
(3) "Nonresident school district" means a
				school district, other than a pupil's resident school district, that the pupil
				is attending or has applied to attend under the part-time open enrollment
				program.
(4) "Parent" includes a
				guardian.
(5) "Resident school
				board" means the school board of the resident school district.
(6) "Resident school district" means the
				school district in which the pupil resides, unless the pupil attends school in
				a school district pursuant to a whole grade sharing agreement under s.
				118.50, Stats., tuition waiver
				under s. 121.84(4),
				Stats., or full-time open enrollment under s.
				118.51, Stats., in which case
				the resident school district is the pupil's district of attendance.
(7) "Transportation reimbursement form" means
				an Internet-based form developed by the department under s.
				118.52(11),
				Stats., for reimbursement for the cost of transporting a pupil to and from a
				part-time open enrollment course.
The Part-Time Public School Open Enrollment Transportation
					 Reimbursement Application Form, may be obtained at no charge from any school
					 district or by writing to the Wisconsin Department of Public Instruction,
					 School Management Services, P.O. Box 7841, Madison, WI
					 53707-7841.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 36 - Public School Inter-District Open Enrollment › Subchapter V - Part-Time Open Enrollment › Section PI 36.16 - Location of school attendance

Current through June 24, 2024
In this subchapter:
(1) Except as provided in sub. (2),
				attendance within a school district means the pupil physically attends a course
				located within the physical boundaries of the nonresident school
				district.
(2) A pupil attending a
				course in a virtual charter school is considered to be attending a course
				located within the nonresident school district as specified in s.
				118.40(8) (a),
				Stats., regardless of the physical location of any component of the virtual
				charter school or of the pupil.
(3)
				A pupil participating in an online course or program that is not offered
				through a virtual charter school is not considered to be attending a course
				located within the nonresident school district, unless the pupil is in physical
				attendance as described in sub. (1).