Section 35.05. Pupil application requirements.

 

(1)   Definitions. In this section:

(a) “Continuing pupil" means an applicant who participated in the choice program on the immediately preceding count date or participated in the Wisconsin parental choice program on one of the count dates 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.

(2)   Residency eligibility. A school shall obtain one of the residency documents specified by the department from an applicant's parent that shows the applicant 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 start of the open application period in which an applicant applies. If a school receives a lease agreement as a residency document, the lease term shall include the date the application was received. The document shall contain the parent name and match the address on the application.

(3)   Address verification. A school shall verify that the address on a pupil's application is in the city of Milwaukee by using the city of Milwaukee assessor website, the state of Wisconsin's Statewide Voter Registration System or any other source permitted by the department.

(4)   Income eligibility. A continuing pupil or a pupil on a choice program waiting list in the preceding school year is not subject to the income requirements for the choice program. A school shall determine if all other applicants meet the income eligibility requirements under s. 119.23 (2) (a) , Stats., as follows:

(a) If the parent uses the department of revenue income determination method under s. 119.23 (2) (a) 1. b. , Stats., the school shall input the parent's social security number into the online application system. If the department of revenue is unable to verify family income, the parent shall use the department of public instruction income determination method under par. (b) .

(b) If the parent uses the department of public instruction income determination method, the school shall do all of the following:

1. A school shall obtain the income documentation required by the parent application from the parent. The school shall ensure the information on the income documentation matches the information provided in the online parent application.

2. A school shall determine whether a pupil is income eligible for the program based on the family size and prior year family income.

3. A pupil shall be determined ineligible if the application indicates the parent did not receive any income and the application does not contain a sufficient explanation of how basic needs are met.

4. A pupil shall be determined ineligible if the explanation of how basic needs are met states that income or government assistance was received, but the application states the parent listed on the application did not receive income or participate in government assistance programs.

(5)   Age requirement. In order to be eligible for the choice 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.

(6)   Application receipt. A school may only receive an application during an open application period selected by the school under s. PI 35.03 (3) (c) or 35.04 (2) (c) . Except as provided under sub. (8) , the school shall receive all documentation, including the documentation required under subs. (2) and (4) , during the same open application period in which the school receives the application.

(7)   Ineligible applications. An application shall be determined ineligible if any of the following apply:

(a) The application does not comply with this section or s. 119.23 , Stats., and a correction of the application under sub. (8) is not allowable.

(b) The application contains contradictory information.

(8)   Correcting Applications. A school may correct an application only in the following circumstances and manner:

(a) The school shall correct an application by December 15 for applications received during an open application period prior to the third Friday in September and by the due date for the second Friday in January enrollment audit required under s. PI 35.07 (1) for applications received during an open application period after the third Friday in September. If the school does not correct the application as required in this subsection by the specified date, the application is ineligible.

(b) The school shall obtain additional residency documentation after the open application period in which the application was received if all of the following apply:

1. The school received residency documentation from the parent during the open application period in which the application was received and the residency documentation contains the following:

a. An address.

b. The parent's name, even if the name is misspelled, is abbreviated, or is a nickname.

2. The additional residency documentation is in the parent's name, contains the parent's correct address, and meets the requirements in subs. (2) and (3) .

(c) The school shall obtain a prior year tax transcript for each parent on the application showing that the family is income eligible for the program based on the prior year income if both of the following apply:

1. The application indicates the parent on the application received income.

2. The income documentation provided by the parent during the open application period in which the application was received is not for the correct year or is not the required document for the type of income included on the application.

(d) The school shall obtain a prior year tax transcript for each parent on the application showing a verification of non-filing and support that the parent received the government assistance in the prior year that is identified on the application, or a prior year tax transcript showing the parent did not receive any income in the prior year if both of the following apply:

1. The application indicates the parent on the application did not receive income but participated in government assistance programs.

2. The government assistance programs documentation provided by the parent during the open application period in which the application was received is not for the correct year or is not the required document for the type of government assistance included on the application.

(e) The school shall obtain documentation showing that the pupil participated in kinship or foster care if the application indicates the pupil participated in the kinship or foster care program but the school did not receive documentation that complies with the requirements in sub. (4) .

CR 16-004 : cr. Register July 2016 No. 727 , eff. 8-1-16; correction in (4) (a) made under s. 13.92 (4) (b) 7. , Stats., and correction in (6) made under s. 35.17 , Stats., Register July 2016 No. 727 .