Current through August 26, 2024
(1) PRIVATE SCHOOL. A school participating in
the special needs scholarship program shall be a private school as defined in
s.
115.001(3r),
Stats.
(2) SPECIAL NEEDS
SCHOLARSHIP PROGRAM ADMINISTRATOR. The special needs scholarship program
administrator shall be one of the following:
(a) An owner of the school.
(b) An individual appointed as the school's
special needs scholarship program administrator by the governing body of the
organization operating the school.
(3) NOTICE OF INTENT TO PARTICIPATE. Annually
by the first weekday in March, a school that intends to participate in the
special needs scholarship program in the following school year shall file a
notice of intent to participate with the department. The notice shall include
all of the following:
(a) The number of
scholarships the school has available for new pupils applying to the special
needs scholarship program under s.
PI 49.05(3) or transferring to the
school under s.
PI 49.05(5).
(b) The number of full scholarship pupils and
partial scholarship pupils that will continue to participate in the special
needs scholarship program based on the following:
1. The school shall include all special needs
scholarship program pupils on the second Friday in January count report filed
under s.
PI 49.06(5), unless the school has
received written correspondence from the parent withdrawing the pupil from the
special needs scholarship program.
2. The school shall include any other special
needs scholarship pupils accepted at the school after the second Friday in
January, unless the school has received written correspondence from the parent
withdrawing the pupil from the special needs scholarship program.
3. The school may only identify a pupil as a
partial scholarship pupil if the pupil's individualized education program team
has determined that the pupil is no longer a child with a disability as
specified under s.
115.7915(4m) (e) 1, Stats., prior to the date the school files
its notice of intent to participate with the department.
(bm) The expected number of special needs
scholarship program pupils that will participate in summer school under s. PI 49.16.
(c) The school's special
education program profile required under s.
115.7915(6) (g), Stats.
(d) The signature of the head of the
governing board, or if designated by the head of the governing board, the
special needs scholarship program administrator.
(e) The name of the special needs scholarship
program administrator.
Note: The notice of intent to participate and
special education program profile may be obtained at no charge from the
Wisconsin department of public instruction's webpage at
http://dpi.wi.gov/sms/special-needs-scholarship.
(4) BACKGROUND CHECKS.
(a) In this subsection, "license" means a
valid license issued by the department under ch. PI 34.
(b) Schools shall conduct criminal background
investigations of all employees by completing one of the following:
1. Conduct a criminal background check prior
to employing any individual at the school and every 5 years after the date of
the previous background check.
2.
Complete all of the following procedures for an individual with a license:
a. Obtain and retain a copy of the
license.
b. Annually determine that
the individual has a license in advance of the employee working for the school
term.
(c) The
requirements under par. (b) shall be completed for all individuals defined as
employees under s.
108.02(12),
Stats., who are directly or indirectly related to educational programming. For
the purposes of this paragraph, an individual shall be determined to be
directly or indirectly related to educational programming if any of the
following apply:
1. Any compensation for the
individual is included as an eligible education expense in a financial audit
submitted under s.
115.7915,
118.60,
or
119.23,
Stats.
2. The individual interacts
with pupils.
3. The individual
performs financial, administrative, or academic duties for the
school.
(d) A school may
not employ any of the following individuals:
1. Individuals who have engaged in immoral
conduct as defined under s.
115.31(1) (c), Stats.
2. Individuals who are not eligible for a
teaching license under s.
118.19(4),
Stats.
(5)
CERTIFICATE OF OCCUPANCY.
(a) By the first
weekday in May prior to the first year a school participates in the special
needs scholarship program, the school shall file one of the following documents
with the department for all locations of the school:
1. A certificate of occupancy issued by the
municipality within which the school is located.
2. If the municipality within which the
building is located does not issue certificates of occupancy, a certificate of
occupancy issued by the local or regional governmental unit with authority to
issue certificates of occupancy.
3.
A letter or form from the municipality within which the building is located
that explains that the municipality does not issue certificates of
occupancy.
(b) If a
school moves to a new location or adds a new location, the school shall file
one of the following with the department before pupils attend the new location:
1. A certificate of occupancy issued by the
municipality within which the building is located.
2. If the municipality within which the
building is located does not issue certificates of occupancy, a certificate of
occupancy issued by the local or regional governmental unit with authority to
issue certificates of occupancy.
3.
A letter or form from the municipality within which the building is located
that explains that the municipality does not issue certificates of
occupancy.
(c) A
temporary certificate of occupancy does not meet the requirements of this
subsection.
(6)
ACCREDITATION REQUIREMENTS. A school participating in the special needs
scholarship program shall be accredited by an accrediting agency under s.
115.7915(2) (c), Stats., for all of the grades the school
makes available to special needs scholarship program pupils. Annually by August
1, a school participating in the special needs scholarship program shall file
with the department a notice from the school's accrediting agency under s.
115.7915(2) (c), Stats., stating that the school is
accredited as of the date of the notice. The notice shall meet all of the
following requirements:
(a) The notice shall
include the following information:
1. The
school's name.
2. The school's
address for each location included in the accreditation.
3. The grades accredited by the
agency.
4. Notification that the
school is accredited at the time the notice is filed.
(b) The notice shall be filed no earlier than
the beginning of the school year.
(c) The notice shall be completed by an
authorized member of the accrediting agency.
(7) STATE SUPERINTENDENT APPROVAL. Annually
by the first weekday in March preceding the school year of participation, a
school seeking approval as a private school by the state superintendent under
s.
115.7915(2) (c), Stats., shall file with the department a
special needs scholarship program private school requirements form
demonstrating the school meets all of the requirements under s.
118.165(1),
Stats.
The special needs scholarship program private school
requirements 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.
