Section 35.06. School year enrollment.  


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  • (1) Application acceptance. A school may not accept pupil applications until the school has completed all of the following:
    (a) The school has submitted to the department its notice of intent to participate for the following school year required under s. PI 35.03 (3) or a new private school has submitted the information required under s. PI 35.04 (2) .
    (b) The department has approved the school's plan for randomly selecting pupils to participate in the choice program or the school has adopted the random selection agreement provided by the department as set forth under s. PI 35.03 (3) (a) or 35.04 (2) (a) .
    (c) The school has paid the nonrefundable auditor fee required under s. 119.23 (2) (a) 3. , Stats., or s. PI 35.04 (3) .
    (2) Application eligibility & verification. A school shall make application eligibility determinations based on the requirements in s. PI 35.05 . The determination shall be made prior to random selection, prior to the next application period, within 60 days after the school receives the application, or prior to the next count date, whichever occurs first. The school shall also verify applications in the online application system within 60 days after the school receives the application or prior to the next count date, whichever occurs first.
    (3) Random selection. A school shall accept pupils on a random basis in accordance with the method submitted to the department and approved under s. PI 35.03 (3) (a) or 35.04 (2) (a) .
    (4) Application retention. A school shall retain the following records for at least 5 years from the end of the school year in which the pupil applied to the school unless the department or a law enforcement agency requires the school to retain the records for a longer period:
    (a) Electronic or paper copies of pupil paper applications and supporting income and residency documentation required under s. PI 35.05 for all accepted and non-accepted choice pupils who have submitted applications to the school.
    (b) Copies of all notices to a pupil or pupil's parent regarding acceptance and non-acceptance.
    (c) Any other correspondence related to a pupil.
    (5) Simultaneously enrolled pupil. A pupil participating in the choice program may not receive a choice program payment under s. 119.23 , Stats., and be simultaneously 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. A pupil receiving a payment under s. 119.23 , Stats., may not receive a payment under s. 115.7915 (4m) or 118.60 , Stats.
    (6) Full-time equivalent. The amount paid by the department to a school under s. 119.23 (4) , Stats., shall be based on the full-time equivalent for each pupil times the payment amount in s. 119.23 (4) , Stats. The full-time equivalent shall be determined as follows:
    (a) Pupils in grades one through 12 shall be one full-time equivalent.
    (b) A kindergarten pupil shall be one-half full-time equivalent except as follows:
    1. A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance for 5 days a week, but not on any day of the week that pupils enrolled in other grades in the school do not attend school, for an entire school term shall be counted as one full-time equivalent.
    2. The full-time equivalent for a pupil enrolled in a 5-year-old kindergarten program requiring full-day attendance for fewer than 5 days a week for an entire school term shall be calculated as follows:
    a. Multiply the number of hours in each day in which the pupil is enrolled by the total number of days for which the pupil is enrolled.
    b. Divide the result under subd. 2. a. by the number of hours of attendance per day required of first grade pupils in the public school district in which the school is located.
    3. A school may count a pupil enrolled in a 4-year-old kindergarten program that provides the required number of hours of direct pupil instruction under s. 121.02 (1) (f) , Stats., as a 0.6 full-time equivalent if the program also annually provides at least 87.5 additional hours of 4-year-old kindergarten outreach activities.
    4. For purposes of subds. 1. and 2. , “full-day" means the length of the school day required for first grade pupils in the public school district in which a school is operating.
    (7) September 1 application and class list submission. Annually by September 1, a school shall submit to the department in the online application system or other manner specified by the department all of the following:
    (a) All accepted applications.
    (b) A class list of all pupils enrolled in the choice program at the school by grade level.
    (8) Application submission and pupil count reports. Annually by October 1 and February 1, a school shall submit to the department, using the online application system or other manner specified by the department, all of the following:
    (a) A pupil count report stating all of the following:
    1. The grade of each pupil participating in the choice program on the immediately preceding count date. In order to be eligible for payment, a 4-year-old kindergarten pupil, 5-year-old kindergarten pupil, and first grade pupil shall attain the age specified in s. 118.14 (1) , Stats.
    2. Whether each choice program pupil meets the requirements under sub. (9) .
    3. The total number of pupils in the school on the immediately preceding count date that meet the requirements under sub. (9) .
    (b) All accepted applications the school received that were not previously reported under sub. (7) .
    (9) Count requirements. A school may include a pupil on its pupil count report under sub. (8) (a) only if one of following applies:
    (a) The pupil is in attendance for instruction on the count date.
    (b) The pupil is absent on the count date but attended the school for instruction at least one day during the school term prior to the count date and at least one day after the count date, and the pupil was not enrolled in another school in or out of Wisconsin, including another private school, a home-based educational program, a charter school under s. 118.40 (2r) or (2x) , Stats., or a public school district, during the period of absence from the school.
CR 16-004 : cr. Register July 2016 No. 727 , eff. 8-1-16; correction in (1) (b), (3) made under s. 35.17 , Stats., Register July 2016 No. 727 .