Section 49.03. School requirements.

 

(1)   Private school. A school participating in the special needs scholarship program shall be a private school as defined in s. 115.001 (3r) , Stats.

(2)   Special needs scholarship program administrator. The special needs scholarship program administrator shall be one of the following:

(a) An owner of the school.

(b) An individual appointed as the school's special needs scholarship program administrator by the governing body of the organization operating the school.

(3)   Notice of intent to participate. Annually by March 1, a school that intends to participate in the special needs scholarship program in the following school year shall submit to the department a notice of intent to participate. The notice shall include all of the following:

(a) The number of spaces the school has available for new pupils applying to the special needs scholarship program under s. PI 49.05 (3) or transferring to the school under s. PI 49.05 (5) .

(b) The number of full scholarship pupils and partial scholarship pupils that will continue to participate in the special needs scholarship program based on the following:

1. The school shall include all special needs scholarship program pupils on the second Friday in January count report submitted under s. PI 49.06 (5) , unless the school has received written correspondence from the parent withdrawing the pupil from the special needs scholarship program.

2. The school shall include any other special needs scholarship pupils accepted at the school after the second Friday in January, unless the school has received written correspondence from the parent withdrawing the pupil from the special needs scholarship program.

3. The school may only identify a pupil as a partial scholarship pupil if the pupil's individualized education program team has determined that the pupil is no longer a child with a disability as specified under s. 115.7915 (4m) (e) 1. , Stats., prior to the date the school submits its notice of intent to participate to the department.

(c) The school's special education program profile required under s. 115.7915 (6) (g) , Stats.

(d) The signature of the head of the governing board.

(4)   Background checks. A school shall conduct a criminal background check prior to employing any individual at the school and every 5 years thereafter. A school shall conduct the criminal background check for all employees, including contracted individuals. A school may not employ any of the following individuals:

(a) Individuals who have engaged in immoral conduct as defined under s. 115.31 (1) (c) , Stats.

(b) Individuals who are not eligible for a teaching license under s. 118.19 (4) , Stats.

(5)   Certificate of occupancy.

(a) By May 1 prior to the first year a school participates in the special needs scholarship program, the school shall submit one of the following to the department for all locations of the school:

1. A certificate of occupancy issued by the municipality within which the school is located.

2. If the municipality within which the building is located does not issue certificates of occupancy, a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy.

3. A letter or form from the municipality within which the building is located that explains that the municipality does not issue certificates of occupancy.

(b) If a school moves to a new location or adds a new location, the school shall submit to the department one of the following before pupils attend the new location:

1. A certificate of occupancy issued by the municipality within which the building is located.

2. If the municipality within which the building is located does not issue certificates of occupancy, a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy.

3. A letter or form from the municipality within which the building is located that explains that the municipality does not issue certificates of occupancy.

(c) A temporary certificate of occupancy does not meet the requirements of this subsection.

(d) Notwithstanding par. (a) , a school that first participates in the special needs scholarship program in the school year ending June 30, 2017, shall meet the requirements under par. (a) for the school year ending June 30, 2017, by August 1, 2016.

(6)   Accreditation requirements. Annually by August 1, a school participating in the special needs scholarship program shall provide to the department a letter from the school's accrediting agency under s. 115.7915 (2) (c) , Stats., stating that the school is accredited as of the date of the letter. The letter shall meet all of the following requirements:

(a) The letter shall include the following information:

1. The school's name.

2. The school's address for each location included in the accreditation.

3. The grades accredited.

4. A statement that the school is accredited as of the date of the letter.

(b) The letter shall be dated no earlier than the beginning of the school year.

(c) The letter shall be signed by an authorized member of the accrediting agency.

History: EmR1619 : emerg. cr., eff. 6-2-16; CR 16-005 : cr., Register October 2016 No. 730 , eff. 11-1-16.

Note

The notice of intent to participate and special education program profile may be obtained at no charge from the Wisconsin department of public instruction's webpage at http://dpi.wi.gov/sms/special-needs-scholarship . Microsoft Windows NT 6.1.7601 Service Pack 1