Current through August 26, 2024
The state superintendent shall make the payments under s.
115.7915(4m) and (4p), Stats., to schools participating in the
special needs scholarship program. The state superintendent may withhold
payment from a school under s.
115.7915(4m) and (4p), Stats., if the school violates this
chapter or s.
115.7915,
Stats. The state superintendent shall make the payments as follows:
(1) SEPTEMBER PAYMENT. The September payment
shall be based on the number of special needs scholarship program pupils at the
school reported under s.
PI 49.06(4). The state superintendent
shall calculate the September payment as 25% times the total of all of the
following:
(a) The full-time equivalent for
full scholarship pupils multiplied by the per pupil payment amount determined
under s.
115.7915(4m) (a), Stats.
(b) The full-time equivalent for partial
scholarship pupils, as reported under s.
PI 49.06(4)
(b), multiplied by the per pupil payment
amount determined under s.
115.7915(4m) (e), Stats.
(c) The prior year actual cost for pupils, as
reported by the school under sub. (7), and as calculated under s.
115.7915(4m) (a) 3. and (cm), Stats.
(2) NOVEMBER PAYMENT. The November payment
shall be based on the number of special needs scholarship program pupils
reported in the school's pupil count report for the third Friday in September
required under s.
PI 49.06(5)
(b), unless a pupil is determined ineligible
by the department. The state superintendent shall calculate the November
payment as 50 percent times the amount owed for eligible pupils less the
September payment received. The state superintendent shall calculate the amount
owed for eligible pupils as the total of all of the following:
(a) The full-time equivalent for full
scholarship pupils multiplied by the per pupil payment amount determined under
s.
115.7915(4m) (a), Stats.
(b) The full-time equivalent for partial
scholarship pupils, as reported under s.
PI 49.06(4)
(b), multiplied by the per pupil payment
amount determined under s.
115.7915(4m) (e), Stats.
(c) The prior year actual cost for pupils, as
reported by the school under sub. (7), and as calculated under s.
115.7915(4m) (a) 3. and (cm), Stats.
(2m) SUMMER SCHOOL PAYMENT. The November
payment shall include any payments due to the school for summer school
instruction of special needs scholarship pupils in the immediately preceding
summer as indicated in the report filed under s.
115.7915(6) (k), Stats., unless otherwise determined
ineligible by the department.
(3)
FEBRUARY AND MAY PAYMENTS. The February payment and May payment shall each be
based on the number of special needs scholarship program pupils reported in the
school's pupil count report for the second Friday in January required under s.
PI 49.06(5)
(b), unless a pupil is determined ineligible
by the department. The state superintendent shall calculate the February and
May payments as 25 percent times the total of all of the following:
(a) The full-time equivalent for full
scholarship pupils multiplied by the per pupil payment amount determined under
s.
115.7915(4m) (a), Stats.
(b) The full-time equivalent for partial
scholarship pupils, as reported under s.
PI 49.06(4)
(b), multiplied by the per pupil payment
amount determined under s.
115.7915(4m) (e), Stats.
(c) The prior year actual cost for pupils, as
reported by the school under sub. (7), and as calculated under s.
115.7915(4m) (a) 3. and (cm), Stats.
(4) CEASED INSTRUCTION. The state
superintendent may not make a September, November, or February payment to a
school that has ceased instruction prior to the payment date.
(5) ENDING A SCHOOL TERM EARLY. The state
superintendent may not make a May payment to a school that has ceased
instruction prior to the end of its scheduled school term unless the school
obtained prior written approval from the department to end the school term
early.
(6) AMOUNT DUE TO
DEPARTMENT. A school shall refund an amount due to the department under this
chapter or s.
115.7915,
Stats., as follows:
(a) If the school is
currently eligible to receive special needs scholarship program payments, the
department shall reduce the payments made under s.
115.7915(4m) and (4p), Stats., by the amount owed. If reducing
a payment made under s.
115.7915(4m) and (4p), Stats., is insufficient to pay the
amount owed, the school shall pay the remaining amount within 60 days of the
date of the notice to the school of the amount due.
(b) If the school is not currently eligible
to receive special needs scholarship program payments, the school shall refund
the department within 60 days of the date of the notice to the school of the
amount due.
(7) STATEMENT
OF ACTUAL COST.
(a) By the third Friday in
July, a school may submit a statement of actual costs on a form provided by the
department for a special needs scholarship program pupil. The statement of
actual costs shall calculate the actual costs for the pupil as the costs for
the pupil under par. (b) less any government assistance revenue received for
educational programming for the pupil. Government assistance revenue under this
paragraph shall include the forgiven portion of Paycheck Protection Program
loans administered by the U.S. small business administration under
15 USC 636 if
the amount is forgiven by October 15 following the school year the expenses
were incurred. If the payment amount for the pupil based on the statement of
actual costs is less than the payment amount calculated under s.
115.7915(4m) (a) 2 b., Stats., the payment for the pupil shall
be calculated as specified under s.
115.7915(4m) (a) 2 b., Stats.
(b) The statement of actual cost may only
include costs that meet at least one of the following criteria:
1. The cost was incurred to provide the
services identified in the pupil's individualized education program or services
plan.
2. The cost was incurred to
provide specially designed instruction, regardless of where the instruction is
conducted, that is provided to meet the unique needs of a child with a
disability, including instruction in physical education.
3. The cost was incurred to provide aids,
services and other supports that are provided in regular education classes or
other education-related settings to enable a child with a disability to be
educated with nondisabled children to the maximum extent appropriate.
4. The cost was incurred to provide
transportation or such developmental, corrective, and other supportive services
as may be required to assist a child with a disability to benefit from special
education, including all of the following:
a.
Speech-language pathology and audiology services.
b. Interpreting services.
c. Psychological services.
d. Physical and occupational
therapy.
e. Recreation, including
therapeutic recreation.
f. Social
work services.
g. School nursing
services designed to enable a child with a disability to receive an education
as described in the agreement of services required under s.
115.7915(6) (h) 1, Stats.
h. Counseling services, including
rehabilitative counseling.
i.
Orientation and mobility services.
j. Medical services for diagnostic and
evaluative purposes only.
k. The
early identification and assessment of disabling conditions in
children.
5. The cost was
incurred to provide services or activities for school personnel to meet the
unique needs of a child with a disability.
(c) Notwithstanding par. (b) 4., the cost of
a medical device that is surgically implanted or the replacement of such a
device may not be included in the statement of actual cost.
(d) The statement of actual costs may only
include costs that meet the eligible education expense requirements under s.
PI 49.09(1).
(e) The statement of actual costs may only
include costs for a pupil incurred after the pupil is accepted into the special
needs scholarship program at the school under s.
PI 49.05(5) (c) 2.
or (7r).
(f) Only the school that submitted the
statement of actual costs under par. (a) may receive the per pupil payment
based on the actual cost in the statement in the subsequent school year under
subs. (1), (2), and (3).
The statement of actual cost may be obtained at no charge
from the Wisconsin department of public instruction's webpage at
http://dpi.wi.gov/sms/special-needs-scholarship.
