Section PI 49.05 - Pupil application requirements(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: (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.(b) The profile of the school's special education program required under s. PI 49.03(3) (c).(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.(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: (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: (a) Determine if the application is eligible pending the verification under par. (b) 1. by verifying all of the following: 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.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.(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: 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).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.(c) Notify an applicant in writing if one of the following occurs:1. The application under sub. (3) is determined ineligible. The school shall state in its letter the reasons why the application is ineligible.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. 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.
(5) TRANSFER REQUESTS. (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.(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: 1. A transfer request form.2. Residency documentation.3. Individualized education program or services plan.(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:1. Determine if the transfer request is eligible by verifying all of the following: 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.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.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. 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.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. 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.
(6) SIBLING PREFERENCE. (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: 1. An application under sub. (3), if the school has not yet sent either of the emails required under sub. (4) (b).2. A transfer request under sub. (5), if the school has not sent the letter of acceptance under sub. (5) (c) 2.(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. (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.(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: (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).(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.(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.: (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).(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).(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.(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: (a) The pupil graduates from high school.(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.(c) The pupil no longer resides in Wisconsin as of the third Friday in September.(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.(e) A student who has been determined to no longer have a disability leaves the school he or she is attending.(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.Wis. Admin. Code Department of Public Instruction § PI 49.05
Adopted by, 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, eff.11/1/2016Amended by, 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. 5/1/2017Amended by, 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. 4/1/2020