Wis. Admin. Code PI § 49.13

Current through May 28, 2024
Section PI 49.13 - State aid payment calculation

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).

Wis. Admin. Code Department of Public Instruction § PI 49.13

Adopted by, EmR1619: emerg. cr., eff. 6-2-16; CR 16-005: cr., Register October 2016 No. 730, eff.11/1/2016
Amended by, EmR1815: emerg. am. (intro.), (2) (intro.), cr. (2m), (6), (7), eff 7-1-18; EmR1911: emerg. am. (intro.), cr. (1) (c), am. (2) (intro.), cr. (2) (c), (2m), am. (3) (intro.), cr. (3) (c), (6), (7), eff. 7-1-19; CR 19-095: am. (intro.), cr. (1) (c), am. (2) (intro.), cr. (2) (c), (2m), am. (3) (intro.), cr. (3) (c), (6), (7) Register March 2020 No. 771, eff. 4-1-20; correction in (7) (c) made under s. 35.17, Stats., Register March 2020 No. 771, eff. 4/1/2020
Amended by, correction in (7) (e) made under s. 13.92(4) (b) 7., Stats., Register January 2021 No. 781, eff. 2/1/2021
Amended by, EmR2117: emerg. am. (7) (a), eff. 6-12-21; CR 21-046: am. (7) (a) Register February 2022 No. 794, eff. 3/1/2022

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.