Wis. Admin. Code PI — Department of Public Instruction

Chapter PI 1 COMPLAINT RESOLUTION AND APPEALS

Wis. Admin. Code § PI 1.01 Purpose and applicability {#sec-pi-1.01 omnilex-key=us-wi-regs-official--agency-pi--PI 1.01}

(1) Purpose. Under s. 115.28 (5), Stats., the state superintendent is charged with examining and determining all appeals that are made by law to the state superintendent. The purpose of this chapter is to provide the state superintendent with a system for dealing with complaints and appeals received by the department; to promote coordination with other appropriate units of government and agencies regarding complaints and appeals; and to promote the voluntary resolution of problems at the level closest to their source.

(2) Applicability. This chapter applies to all complaints and appeals authorized by statute or rule that are filed with the department, except that this chapter does not apply to appeals or complaints subject to other, more specific, statutes or rules, including, but not limited to, the following:

(a) Appeals relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education of a child with a disability, which shall be resolved under 20 USC 1415 of the Individuals with Disabilities Education Act and subch. V of ch. 115, Stats.

(b) Appeals of a departmental decision that a teacher education program is not in compliance with ch. PI 34, which shall be resolved through the procedures under subch. III of ch. PI 34.

(c) Complaints that the state or a subgrantee is violating the Individuals with Disabilities Education Act, 20 USC Subchapter II, which shall be resolved through the procedures under CFR parts 76 and 77.

(d) Complaints, hearings, and appeals related to license revocation and reinstatement, which shall be resolved through the procedures specified under subch. XI of ch. PI 34.

(e) School district boundary appeal board hearings, which shall be conducted under ch. PI 2.

(g) Appeals relating to orders issued by the state superintendent under s. 115.7915 (8), Stats., which shall be resolved through the procedures specified under s. PI 49.15.

(h) Appeals of a school board’s decision to deny an open enrollment application under s. 118.51 (9), Stats., which shall be resolved through the procedures specified under s. PI 36.14.

(i) Appeals relating to orders issued by the state superintendent under s. 118.60 (10), Stats., which shall be resolved through the procedures specified under s. PI 48.21.

(j) Appeals relating to orders issued by the state superintendent under s. 119.23 (10), Stats., which shall be resolved through the procedures specified under s. PI 35.21.

(k) Complaints related to race-based nicknames, logos, mascots, and team names under s. 118.134, Stats., which shall be resolved through the procedures specified under s. PI 45.03.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; cr. (2) (f), Register, October, 1992, No. 442, eff. 11-1-92; corrections in (2) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1999, No. 522; corrections in (2) (b) and (d) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register June 2004 No. 582; CR 17-052: am. (1), (2) (intro.), (a), (c), (d) to (f), cr. (2) (g) to (k) Register January 2018 No. 745 eff. 2-1-18; CR 18-027: r. (2) (f) Register August 2018 No. 752, eff. 9-1-18; correction in (2) (b), (d) made under s. 13.92 (4) (b) 7., Stats., and correction in (2) (e) made under s. 35.17, Stats., Register August 2018 No. 752; CR 19-069: am. (2) (d) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 1.02 Definitions {#sec-pi-1.02 omnilex-key=us-wi-regs-official--agency-pi--PI 1.02}

In this chapter:

(1) “Appeal” means an application to the state superintendent, as provided by statute or rule, to review a decision by the department or a local education agency.

(2) “Complaint” means an allegation of wrongdoing filed with the state superintendent against a local education agency, its officers or employees stating essential facts and demanding relief.

(2m) “Desk review” means issuing a decision based on a review of written information submitted by the parties.

(3) “Department” means the Wisconsin department of public instruction.

(3m) “Institution” means a participant in the national school lunch program, special milk program for children, school breakfast program, summer food service program, or child and adult food care program.

(4) “Local education agency” means school boards, school districts, cooperative educational service agencies, county children with disabilities education boards, public libraries, public library systems, and private schools or agencies if the private schools’ or agencies’ actions or decisions concern programs receiving state or federal funds which are administered by the department.

(4m) “Office of legal services” means the office of legal services in the department.

(5) “Party” means the complainant or appellant and the respondent named in the complaint or appeal.

(6) “Rule” means any rule in the Wisconsin Administrative Code or regulation in the Code of Federal Regulations.

(7) “State superintendent” means the state superintendent of public instruction.

(8) “Statute” means any Wisconsin or United States statute.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (1), cr. (2m), (3m), am. (4), cr. (4m), am. (5) Register January 2018 No. 745 eff. 2-1-18.

Wis. Admin. Code § PI 1.03 Receipt and filing of complaints and appeals {#sec-pi-1.03 omnilex-key=us-wi-regs-official--agency-pi--PI 1.03}

(1) All complaints and appeals shall be filed in writing specifying the grounds upon which the action is brought, the facts, and any relief sought. Complaints and appeals shall be signed by the complainant or appellant or the representative of the complainant or appellant. If the complainant or appellant is a minor, the complaint or appeal shall also be signed by a parent or guardian, unless the statute or rule under which the complaint or appeal is filed prohibits this requirement.

(2) If the complaint or appeal is filed by the representative under sub. (1), the representative shall file a notice of representation which shall include written consent of the complainant or appellant and the parent or guardian if required under sub. (1).

(3) The state superintendent shall dismiss a complaint or an appeal if any of the following occur:

(a) The complaint or appeal was not filed within the time period specified in the statute or rule under which the complaint or appeal was filed.

(b) The complaint or appeal is not legally sufficient to state a claim upon which relief may be granted.

(d) The complainant or appellant does not include sufficient allegations of fact that, if accepted as true, would support the complaint or appeal.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (1), (2), r. and recr. (3) Register January 2018 No. 745 eff. 2-1-18.

Wis. Admin. Code § PI 1.04 Procedures {#sec-pi-1.04 omnilex-key=us-wi-regs-official--agency-pi--PI 1.04}

Upon receipt of a written complaint or appeal filed under s. PI 1.03, the state superintendent shall acknowledge receipt of the complaint or appeal in writing and shall use any or all of the following procedures that the state superintendent determines to be appropriate:

(1) Provide technical assistance and information and attempt to resolve the matter informally.

(2) Refer the complainant to another state agency for action or resolution.

(3) Conduct an investigation under s. PI 1.05.

(4) Conduct a hearing under s. PI 1.07.

(5) Issue a decision based on a review of the record of a hearing held before the local education agency.

(6) Issue protective orders or grant temporary relief as deemed necessary by the state superintendent to preserve the rights of any party prior to the issuance of a final decision or order.

(7) Arrange for mediation under s. PI 1.06.

(8) Direct the complainant to exhaust any administrative remedies available before the local education agency.

(9) Conduct a desk review.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (intro.), r. and recr. (9) Register January 2018 No. 745 eff. 2-1-18.

Wis. Admin. Code § PI 1.05 Investigations {#sec-pi-1.05 omnilex-key=us-wi-regs-official--agency-pi--PI 1.05}

(1) If the state superintendent determines under s. PI 1.04 (3) to conduct an investigation, the investigation may include an on-site review or any other activity which the state superintendent deems appropriate.

(2) The state superintendent may determine whether reasonable grounds exist for believing that the matter asserted by the complainant or appellant is probably true, and may issue a finding to that effect.

(3) During the investigation, the state superintendent may keep the identity of the complainant in confidence if, in the state superintendents’ judgment, disclosure of the complainant’s identity would be likely to subject the complainant to retaliatory action or would otherwise jeopardize the investigation.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88.

Wis. Admin. Code § PI 1.06 Mediation {#sec-pi-1.06 omnilex-key=us-wi-regs-official--agency-pi--PI 1.06}

(1) Prior to holding a hearing regarding a complaint or an appeal, the state superintendent may attempt to resolve the matter through mediation if the parties agree. The state superintendent shall appoint the mediator. If the parties agree to a negotiated settlement, the mediator shall notify the state superintendent of the terms of the settlement and the state superintendent shall find that the matter is resolved. If the parties are unable to agree to a negotiated settlement, the state superintendent shall determine which other procedures under s. PI 1.04 to follow.

(2) The mediation sessions shall be conducted at the discretion of the mediator, except that if a negotiated settlement has not been reached within 90 days after the mediator received the complaint or appeal, the mediator shall either request an extension of time or inform the state superintendent that the mediation effort is unsuccessful.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88.

Wis. Admin. Code § PI 1.07 Hearings {#sec-pi-1.07 omnilex-key=us-wi-regs-official--agency-pi--PI 1.07}

(1) When held. The state superintendent shall conduct a hearing when required by the statute or rule under which the complaint or appeal is filed or when required under s. 227.42, Stats. The state superintendent may conduct a hearing in other matters if the state superintendent deems it is appropriate.

(2) Notice. Except in case of emergency, as determined by the state superintendent, at least 10 days prior to the hearing the state superintendent shall mail to the parties, by certified mail, written notice of hearing stating the time, date and place of the hearing, the nature of the case, a general statement of the issues to be heard and the procedures to be followed. The parties may by mutual consent waive the right to notice. The state superintendent may postpone the hearing in the case of exceptional circumstances.

(3) Hearing examiner. The state superintendent shall preside over the hearing or appoint a hearing examiner. The state superintendent may not appoint any person as hearing examiner who has been involved, either directly or indirectly, with the action or decision which is the subject of the complaint or appeal.

(4) Conduct of hearing.

(a) If the state superintendent determines that the matter is a contested case under s. 227.01 (3), Stats., the hearing shall be conducted under procedures specified under subch. III of ch. 227, Stats., and this chapter.

(b) The hearing examiner shall have the powers specified under s. 227.46, Stats., regardless of whether the matter is being treated as a contested case under ch. 227, Stats.

(5) Hearing record and transcripts. The department shall ensure that a stenographic or electronic record of oral proceedings is made when required under ch. 227, Stats. The department shall transcribe the hearing record at the request of either party if the transcript is needed for an appeal of the decision of the state superintendent or hearing examiner. The department shall charge a reasonable fee for transcribing the hearing record unless the state superintendent determines that the party is unable to pay.

(6) Notices remain in effect. Except as otherwise specified in the applicable decision and order, a decision and order of the state superintendent or department that is being reviewed under this chapter shall remain in effect until a final decision and order is issued under s. 227.47, Stats.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (4) (a), (b), cr. (6) Register January 2018 No. 745 eff. 2-1-18; CR 26-006: am. (1) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 1.08 Decision {#sec-pi-1.08 omnilex-key=us-wi-regs-official--agency-pi--PI 1.08}

Following the hearing of a contested case under ch. 227, Stats., and when otherwise required by statute or rule, the decision of the state superintendent or hearing examiner shall be in writing stating separate findings of fact and conclusions of law. The decision may order remedies which the state superintendent or hearing examiner determines appropriate, and may or may not include the relief sought by the complainant or appellant. Decisions shall be served on all parties by mailing a copy to each party’s last known address along with a notice of any right to further review as may be provided by the statute or rule under which the complaint is filed or ss. 227.52 to 227.57, Stats.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. Register January 2018 No. 745 eff. 2-1-18.

Wis. Admin. Code § PI 1.09 Withdrawal, failure to prosecute {#sec-pi-1.09 omnilex-key=us-wi-regs-official--agency-pi--PI 1.09}

(1) Withdrawal. At any time prior to the issuance of a final decision, the complainant or appellant may withdraw the complaint or appeal in writing. Upon receiving such a request, the state superintendent shall issue an order dismissing the matter without prejudice.

(2) Failure to prosecute. The state superintendent may dismiss any complaint or appeal if any of the following occurs:

(a) The complainant or appellant fails to respond within 20 days to correspondence, sent by U.S. mail or electronic mail to the complainant or appellant’s last known address, from or on behalf of the state superintendent concerning the complaint or appeal.

(b) The complainant or appellant fails to appear at the hearing.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (2) (intro.), (a) Register January 2018 No. 745 eff. 2-1-18; CR 26-006: am. (2) (a) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 1.10 Rights to further review {#sec-pi-1.10 omnilex-key=us-wi-regs-official--agency-pi--PI 1.10}

(1) Upon the request of either party, the state superintendent may reopen a complaint or appeal which was resolved informally or through mediation. If the state superintendent reopens the complaint or appeal, the state superintendent shall determine which procedures under s. PI 1.04 to follow.

(2) Final decisions issued by the state superintendent shall specify any rights the parties may have to judicial review under ch. 227, Stats., or other statute or rule.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 26-006: am. (1) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 1.11 Food and nutrition appeals {#sec-pi-1.11 omnilex-key=us-wi-regs-official--agency-pi--PI 1.11}

(1) Applicability. Notwithstanding ss. PI 1.03, 1.04, and 1.07, this section governs appeals filed under 7 CFR part 210, 215, 220, 225, or 226.

(2) Who may request. A person or institution adversely affected by an action of the department under 7 CFR part 210, 215, 220, 225, or 226 may request a desk review or a contested case hearing on that action.

(3) Request form. In order to be considered, a request under sub. (2) shall be filed with the office of legal services within 15 days of the date of the department’s action on a form provided by the department.

Note: A request for a desk review or a contested case hearing may be filed with the office of legal services at the following address: Office of Legal Services Wisconsin Department of Public Instruction 125 S. Webster St. PO Box 7841 Madison, WI 53707-7841

(4) Granting a request. The department shall grant a request for desk review or contested case hearing if all of the following apply:

(a) The department has jurisdiction over the matter.

(b) The request for a desk review or contested case hearing complies with the requirements under subs. (2) and (3).

(c) The requestor is entitled to a desk review or contested case hearing under s. 227.42, Stats., and 7 CFR part 210, 215, 220, 225, or 226.

(5) Procedures. If the department grants a desk review or contested case hearing under sub. (4), the desk review or contested case hearing shall follow procedures specified under 7 CFR part 210.18 (q), 225.13, or 226.6 (k).

History

CR 17-052: cr. Register January 2018 No. 745 eff. 2-1-18.

Chapter PI 2 SCHOOL DISTRICT BOUNDARY APPEALS

Wis. Admin. Code § PI 2.01 Purpose {#sec-pi-2.01 omnilex-key=us-wi-regs-official--agency-pi--PI 2.01}

This chapter establishes procedures for school district boundary appeals under ch. 117, Stats.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90.

Wis. Admin. Code § PI 2.02 Definitions {#sec-pi-2.02 omnilex-key=us-wi-regs-official--agency-pi--PI 2.02}

In this chapter:

(1) “Affected school district” has the meaning given in s. 117.03 (1), Stats.

(2) “Appeal panel” has the meaning given in s. 117.03 (2), Stats.

(3) “CESA” means a cooperative educational service agency created under ch. 116, Stats.

(4) “Notice of appeal” means an appeal filed with the secretary of the SDBAB under s. 117.12 (4) or 117.13 (3), Stats.

(5) “Petition for review” includes any of the following actions:

(a) A school board directive for the holding of a referendum under s. 117.08 (3) (a) 1., Stats.

(b) Filing of a petition for a referendum under s. 117.08 (3) (a) 2., Stats.

(d) A school board adoption of a resolution to dissolve the school district under s. 117.10 (2), Stats.

(e) A school board request for SDBAB review under s. 117.132 (4) (a) 1., Stats.

(f) Filing of a petition for SDBAB review under s. 117.132 (4) (a) 2., Stats.

(6) “School board” has the meaning given in s. 115.001 (7), Stats.

(7) “School district boundary appeal board” or “SDBAB”means the school district boundary appeal board appointed under s. 15.375 (2), Stats.

(8) “Reorganization” has the meaning given in s. 117.03 (5), Stats.

(9) “State superintendent” means the state superintendent of public instruction or the state superintendent’s designee to the school district boundary appeal board under s. 15.375 (2), Stats.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; correction in (5) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1999, No. 522; CR 17-056: r. (5) (g) Register January 2018 No. 745 eff. 2-1-18; CR 26-006: am. (9) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 2.03 State superintendent’s responsibilities {#sec-pi-2.03 omnilex-key=us-wi-regs-official--agency-pi--PI 2.03}

Upon receipt of a notice of appeal or a petition for review, the state superintendent shall:

(1) Collect a filing fee as specified in s. 117.05 (9), Stats. Annually, the state superintendent shall establish a filing fee sufficient to cover the expenses of convening the school district boundary appeal board and the appeal panel, as follows:

(a) The fee for appeal to the SDBAB shall be based on the estimated cost of convening the SDBAB for one day for one appeal. If, due to circumstances such as more than one appeal being heard by the SDBAB in one day or annual revenues exceeding annual expenditures, the state superintendent may refund a portion of the fee prorated among the persons who paid the filing fee.

(b) The fee for appeal to the appeal panel under s. 117.12 (4), Stats., shall be based on the estimated cost of convening the appeal panel for one day for one appeal. If, due to circumstances such as more than one appeal being heard by the appeal panel in one day or annual revenues exceeding annual expenditures, the state superintendent may refund a portion of the fee prorated among the persons who paid the filing fee.

(2) Notify the clerk of the school board of each affected school district of receipt of a notice of appeal.

(3) For an appeal filed under s. 117.12 (4), Stats., determine whether any of the circumstances described under s. 117.12 (5), Stats., require review by the SDBAB rather than by the appeal panel, and notify the clerk of the school board of any affected school district whether the appeal will be heard by the SDBAB or the appeal panel.

(4) Set a time and place for the SDBAB or appeal panel to meet, as follows:

(a) For a review under s. 117.10 (4), Stats., following receipt of the certified results of the referendum, as described in s. 117.20, Stats., and before the following January 15.

(b) For review under s. 117.132 (4), Stats., following receipt of the petition under s. 117.132 (4) (a), Stats., and before the following January 15.

(d) For a review under s. 117.12 (4) or (5) or 117.13 (3), Stats., after the March 15 following the school board denial of the detachment and attachment and before the following June 15.

(5) Notify the clerk of the school board of each affected school district and the person who filed the notice of appeal or petition for review of the time and place of the SDBAB or appeal panel review.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 17-056: r. (4) (e) Register January 2018 No. 745 eff. 2-1-18..

Wis. Admin. Code § PI 2.04 Submission of materials to the school district boundary appeal board {#sec-pi-2.04 omnilex-key=us-wi-regs-official--agency-pi--PI 2.04}

(1) The clerk of the school board of an affected school district shall submit the following materials to the secretary of the SDBAB:

(a) Any reorganization order filed as required under s. 117.17, Stats.

(b) Fees collected under s. 117.05 (9) (b), Stats.

(d) The original or a certified copy of any petition or school district order for a referendum under s. 117.08 (3) (a), 117.09 (3) (a), 117.10 (3) (a) or 117.11 (4) (a), Stats.

(e) The original or a certified copy of a petition filed under s. 117.12 (2), Stats.

(f) A copy of the notice of any school board hearing on a petition or a resolution for reorganization; transcribed minutes, transcribed stenographic record, or transcribed electronic record of hearing; and a correct copy of all exhibits and data submitted at the hearing. If the hearing was a joint hearing, the clerk of the school board from which territory is proposed to be detached shall submit the information.

(g) A copy of the notice for referendum and certified statement of the results of the referendum, as specified in s. 117.20 (2), Stats.

(h) Any written statement of facts and other relevant matters relating to a proposed reorganization.

(2) A person who files a petition under s. 117.132 (4) (a) 1., Stats., shall submit any written statement of facts and other relevant materials with the petition for review by the SDBAB.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; correction in (2) under 13.92 (4) (b) 7., Stats., Register December 2016 No. 732.

Wis. Admin. Code § PI 2.05 School district boundary appeal board {#sec-pi-2.05 omnilex-key=us-wi-regs-official--agency-pi--PI 2.05}

(1) Composition and length of terms.

(a) Section 15.375 (2), Stats., requires the state superintendent of public instruction to appoint 12 school board members to serve on the school district boundary appeal board. As further specified in s. 15.375 (2), Stats., 4 members of the SDBAB shall be school board members from small school districts, 4 members shall be school board members from medium school districts and 4 members shall be school board members from large school districts. No 2 school board members of the SDBAB may reside within the boundaries of the same CESA. One member of the board shall be the state superintendent or the state superintendent’s designee.

(b) Members of the SDBAB shall be appointed to staggered 2-year terms.

(2) Appointment. The state superintendent shall appoint members to the board as follows:

(a) All school districts in the state shall be ranked in descending order by enrollment and shall be divided into thirds based on enrollment. School districts in the top third, by enrollment, shall be designated large school districts; school districts in the middle third, by enrollment, shall be designated medium school districts; and school districts in the bottom third, by enrollment, shall be designated small school districts. If the state’s enrollment is not evenly divisible by 3, the state superintendent shall determine, from the enrollments, in which group the remaining districts should be included.

(b) The board of control of each CESA which will have a vacancy on the SDBAB on the following May 1 shall nominate 3 school board members from at least 2 of the groups described in par. (a) for the state superintendent’s consideration.

(c) If the state superintendent determines that a size group has not been adequately represented in nominations, either overall or from a specific CESA, the state superintendent may request nominations of a specific size school district from that CESA board of control.

(d) The state superintendent shall make appointments from the nominations under pars. (b) and (c).

(e) If a member of the SDBAB is unable to complete his or her term, the corresponding CESA board of control from which the vacancy came shall nominate 2 persons for the state superintendent to consider for appointment to serve the remainder of the term. The nominees shall represent the same size school district as the departing member.

(3) Selection of SDBAB members for SDBAB review. As specified in s. 117.05 (2), Stats., the state superintendent shall appoint 7 members of the SDBAB to perform any review under ss. 117.10 (4), 117.12 (5) and 117.132, Stats. One member shall be the state superintendent or the state superintendent’s designee. Two members each shall represent small, medium and large school districts. No member may participate in any review involving a school district in which the member resides or in which the member serves on or is employed by the school board, or in which the member may have any other conflict of interest.

(4) Selection of SDBAB members for appeal panel review. As specified in s. 117.05 (1), Stats., the state superintendent shall appoint 3 members of the SDBAB to perform any review under ss. 117.12 (4) and 117.13 (3), Stats. One member each shall represent a small, medium and large school district. The state superintendent shall also appoint a non-voting chair and secretary to assist the panel. No SDBAB member may participate in any review involving a school district in which the member resides or in which the member is on or employed by the school board, or in which the member may have any other conflict of interest.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (2) (a), Register, September, 1998, No. 513, eff. 10-1-98; CR 17-056: am. (1) (b) Register January 2018 No. 745 eff. 2-1-18.

Chapter PI 5 HIGH SCHOOL EQUIVALENCY DIPLOMAS AND CERTIFICATES OF GENERAL EDUCATIONAL DEVELOPMENT

Wis. Admin. Code § PI 5.01 Intent statement {#sec-pi-5.01 omnilex-key=us-wi-regs-official--agency-pi--PI 5.01}

(1) Under s. 115.29 (4) (a), Stats., the state superintendent may issue a high school equivalency diploma to a person who, in the state superintendent’s judgment, has presented satisfactory evidence of having completed a recognized high school course of study or its equivalent; and the state superintendent may establish the standards by which high school graduation equivalency may be determined. The purpose of the high school equivalency diploma is to provide a credential to persons who did not graduate from high school and are unable to receive a high school diploma from the person’s school district of residence, but are able to demonstrate attainment of credits, knowledge, and skills that are equivalent to those which would be attained in a high school program of study. This chapter sets forth criteria for determining that equivalency, based on s. 118.33, Stats., the high school graduation standards, and s. 121.02 (1) (m), Stats., the education for employment standard. The age eligibility requirements are intended to aid school districts in serving children at risk by discouraging youths from dropping out of school to pursue the high school equivalency diploma.

(2) This chapter also provides for the granting of a certificate of general educational development to a person who achieves passing scores, as determined by the state superintendent, on the general educational development test but has not met the additional requirements for the high school equivalency diploma.

History

Cr. Register, February, 1988, No. 386, eff. 7-1-88; CR 03-102: am. (1) Register April 2004 No. 580, eff. 5-1-04; CR 26-006: am. (1) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 5.02 Definitions {#sec-pi-5.02 omnilex-key=us-wi-regs-official--agency-pi--PI 5.02}

In this chapter:

(1) “Certificate of general educational development” means the certificate granted to a person who has achieved a passing score on the general educational development test.

(2) “College” or “university” means an institution which is accredited on a degree granting level by an accrediting agency which is listed by the United States department of education as a nationally recognized accrediting agency.

(3) “Community-based organization” means a private nonprofit organization which is representative of a community or a significant segment of a community and which provides educational and job training services.

(4) “Course” means study which has the fundamental purposes of developing the knowledge, concepts, and skills in a subject; and evaluation of the degree of attainment of the knowledge, concepts and skills.

(5) “Department” means the Wisconsin department of public instruction.

(6) “General educational development test” means the test developed by GED Testing Service and administered in Wisconsin at testing sites approved by the state superintendent and GED Testing Service.

(6m) “Graduated from high school” for purposes of compulsory attendance under s. 118.15 (1) (a), Stats., means having received a diploma in satisfaction of school board requirements under s. 118.33, Stats., or a high school equivalency diploma under s. 115.29 (4) (a), Stats.

(7) “High school credit” means the credit given for successful completion of a school term of study in one course in the high school grades that meets daily for a normal class period or the equivalent in time, or a high school level correspondence course, or a high school level course offered in a TCS district or college or university program.

(8) “High school diploma” means the diploma granted by a public or private high school to a person who has successfully completed the program of study required by the public school board or private high school.

(9) “High school equivalency diploma” means the diploma granted by the state superintendent under s. 115.29 (4) (a), Stats., and this chapter.

(10) “Post-secondary credit” means the credit given for successful completion of a course in a college, university, or TCS district which meets requirements for the institution’s post-secondary certificate, diploma, or associate, bachelors’ or advanced degree.

(10m) “Residential program” includes any of the following:

(a) The Challenge Academy program under s. 321.03 (1) (c), Stats.

(b) A federal job corps program under 29 USC 3193.

(11) “State superintendent” means the Wisconsin state superintendent of public instruction.

(11m) “Subtest” means one of the 4 content area tests given under the general educational development test.

(11n) “TCS district” means a technical college system district established under s. 38.02, Stats.

(11p) “Test” means the entire battery of 5 subtests given under the general educational development test.

History

Cr. Register, February, 1988, No. 386, eff. 7-1-88; cr. (6m), Register, June, 1992, No. 438, eff. 7-1-92; cr. (11m), (11p), Register, April, 1995, No. 472, eff. 5-1-95; corrections made under s. 13.93 (2m) (b) 1. and 6.; Stats., Register, March, 1996, No. 483; CR 03-102: am. (6m) and (9) Register April 2004 No. 580, eff. 5-1-04; EmR1324: emerg. am. (6), (11m), eff. 12-27-13; CR 13-114 am. (6), (11m) Register June 2014 No. 702, eff. 7-1-14; CR 21-031: cr. (10m) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § PI 5.03 Eligibility {#sec-pi-5.03 omnilex-key=us-wi-regs-official--agency-pi--PI 5.03}

No person may be granted a high school equivalency diploma or certificate of general educational development unless that person verifies in writing that the person:

(1) Is a resident of Wisconsin for voting purposes, or has lived in Wisconsin for at least 10 days, or is a migrant worker, as defined in s. 103.90 (5) (a), Stats., or is the child of a migrant worker.

(2) Is at least 18 years and 6 months of age, or that the class with which the person entered grade 9 has graduated from high school.

(3) Has not graduated from high school and is not enrolled in any public or private high school.

(4) Has completed a counseling session or sessions provided by a high school, TCS district, community-based organization, college, university, psychologist licensed by the department or the department of safety and professional services, or a school counselor licensed by the department. The sessions shall include all of the following:

(a) Assessment of the person’s reading level and career interests and aptitudes.

(b) Discussion of the options available to the individual regarding completion of high school, the high school equivalency diploma, and the certificate of general educational development, and the requirements, expectations, benefits and limitations of each option.

(c) Development of a plan for completion of one of the options discussed, and subsequent activities necessary to work toward an identified goal, career or occupation.

History

Cr. Register, February, 1988, No. 386, eff. 7-1-88; correction in (4) (intro.) made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1996, No. 483; correction in (4) (intro.) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674; CR 26-006: am. (intro.) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 5.035 General educational development test {#sec-pi-5.035 omnilex-key=us-wi-regs-official--agency-pi--PI 5.035}

(1) No person may take the general educational development test unless the person is at least 18 years and 6 months of age or the class with which the person entered grade 9 has graduated from high school except as follows:

(a) A person who meets the requirements under s. PI 5.03 (1), (3) and (4) and who is at least 17 years of age may take the general educational development test if one of the following applies:

The person is or has been incarcerated in a correctional institution and has written recommendation of the person responsible for the educational program in the correctional institution; or
The person is enrolled in a federal job corps center program and has the written recommendation to take the general educational development test from the person responsible for the educational program in the job corps center. After July 1, 1992, no person may take the GED test under this subdivision unless the program at the job corps center has been approved under s. PI 5.09; or
The person provides written verification that the person was excused from regular school attendance under s. 118.15 (1) (c) 2., Stats., is enrolled in a program approved under s. PI 5.09, and has written permission to take the test from his or her parent or legal guardian.

(b) A person who meets the requirements under s. PI 5.03 (1) and (4) and who is at least 17 years of age may begin taking the general educational development tests except that the person may not take the final test unless the person is continuously enrolled and attending a program under a contracted arrangement between the local high school of residence and a TCS district, residential program, or a community-based organization which leads to a high school equivalency diploma and meets the requirements under s. 118.15 (1) (c) 2., Stats.

(2) The state superintendent shall determine the general educational development test passing score on each subtest. The score for each subtest shall be set at or above the minimum standard established by the general educational development testing service of the American council on education.

(3) The subtest and test scores established under sub. (2) may be based on either of the following:

(a) The national norming study conducted by the general educational development testing service of the American council on education.

(b) A statewide norming study which shall be conducted at the state superintendent’s direction. If a statewide norming study is conducted, all of the following requirements shall be met:

The norming study shall be conducted in collaboration with the general educational development testing service of the American council on education or other equivalent, qualified agency.
The norming study shall include administering the general educational development tests to a representative sample of graduating high school seniors in Wisconsin. A representative sample shall be comparable to Wisconsin’s high school senior population with respect to gender, race, size of school district and regions of the state.
The norming study results shall be summarized by the collaborating entity under subd. 1. and evaluated by the task force established under sub. (5).

(4) The state superintendent shall consider the recommendations made by the general educational development task force established under sub. (5).

(5) The state superintendent shall appoint a task force representing business, labor, education interest groups, students, counselors, teachers, and other interested persons to advise the state superintendent in establishing a general educational development test passing score on each subtest.

(6) Based on the process specified under sub. (3), the state superintendent establishes the general educational development subtest and test passing scores. A minimum standard score of no less than the score set by GED Testing Service shall be required on each subtest in the battery of 4 subtests.

History

Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. renum. (intro.), cr. (2) to (6), eff. 9-15-94; renum. (intro.) to be (1) (intro.), cr. (2) to (6), Register, April, 1995, No. 472, eff. 5-1-95; correction in (1) (b) 1. made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1996, No. 483; emerg. am. (2), (5) and (6), eff. 1-2-04; CR 03-102: am. (1) (b) 1., (2), (5) and (6) Register April 2004 No. 580, eff. 4-1-04; EmR1324: emerg. consol. (6) (intro.) and (a) and renum. to (6) and am., eff. 12-27-13; CR 13-114: am. (2), (5), consol. (6) (intro.) and (a) and renum. to (6) and am., r. (6) (b) Register June 2014 No. 702, eff. 7-1-14; EmR1610: emerg. am. (6) eff. 2-13-16; CR 16-021: am. (6) Register July 2016 No. 727, eff. 8-1-16; EmR2046: emerg. consol. (1) (b) (intro.), 1. and renum. (1) (b) and am., r. (1) (b) 2., eff. 12-15-20; CR 21-031: consol. (1) (b) (intro.), 1. and renum. (1) (b) and am., r. (1) (b) 2. Register September 2021 No. 789, eff. 10-1-21; CR 26-006: am. (1) (a) 3. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 5.037 Certificate of general educational development and high school equivalency diploma fees {#sec-pi-5.037 omnilex-key=us-wi-regs-official--agency-pi--PI 5.037}

(1) The state superintendent shall establish fees for issuing a certificate of general educational development or a high school equivalency diploma sufficient to fund program implementation and administration costs to the department under this chapter. The state superintendent may provide fee exemptions based on financial need.

(2) If the fee under sub. (1) is modified, the department shall submit the proposed fee change to the assembly and senate committees having jurisdiction over kindergarten through grade 12 public education for review.

Note: GED/HSED fee, fee exemption, and fee reduction information is available on the department’s web site at https://dpi.wi.gov/ged/transcripts or may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841.

Note: The treatment of s. PI 5.037 first applies to persons applying for a certificate of general educational development or a high school equivalency diploma on or after January 1, 2004.

History

Emerg. cr. eff. 1-2-04; CR 03-102: cr. Register April 2004 No. 580, eff. 5-1-04.

Wis. Admin. Code § PI 5.04 Certificate of general educational development {#sec-pi-5.04 omnilex-key=us-wi-regs-official--agency-pi--PI 5.04}

The state superintendent shall grant a certificate of general educational development to a person who meets the requirements under s. PI 5.03 and completes the general educational development test with a passing score on each subtest as determined by the state superintendent.

History

Cr. Register, February, 1988, No. 386, eff. 7-1-88; emerg. cr. 1. a., eff. 4-18-89; r. and recr. (2) (b) 2., Register, October, 1989, No. 406, eff. 11-1-89; renum. (1) to be PI 5.04, r. (2), Register, June, 1992, No. 438, eff. 7-1-92; emerg. am. eff. 1-2-04; CR 03-102: am. Register April 2004 No. 580, eff. 5-1-04; EmR1324: emerg. am., eff. 12-27-13; CR 13-114: am. Register June 2014 No. 702, eff. 7-1-14.

Wis. Admin. Code § PI 5.05 High school equivalency diploma based on passing of the general educational development test with additional requirements in citizenship, health, career awareness and employability skills {#sec-pi-5.05 omnilex-key=us-wi-regs-official--agency-pi--PI 5.05}

(1) The state superintendent shall grant a high school equivalency diploma to a person who meets the requirements of s. PI 5.03 and all of the following:

(a) Has completed the general educational development test with a passing score on each subtest as determined by the state superintendent.

(b)

Has successfully completed 0.5 high school credit in health under s. 118.33 (1) (a), Stats.; or
Has successfully completed a course in health approved by the state superintendent. A course may be approved if it is taught by a person who is licensed by the department or the state TCS board to teach health or health occupations, and if it includes at least 30 hours of instruction in mental and emotional, personal, family, community and environmental health; or
Has received a passing score on a test in health administered by the state superintendent.

(c)

Has successfully completed 3 high school credits in social studies under s. 118.33, (1) (a), Stats.; or
Has successfully completed a course in citizenship approved by the state superintendent. A course may be approved if it is taught by a person who is licensed by the department or the state TCS board to teach social studies and if it includes at least 30 hours of instruction in the forms, funding and function of local, state and national government; principles of constitutional government; federalism; basic rights and responsibilities of citizenship, including ways to participate in the political process; and influence of government on the economy; or
Has received a passing score on a test in citizenship administered by the state superintendent.

(d) Has attained employability skills, including skills in job seeking, applying for work, retaining a job, and self-development and awareness skills. The applicant shall provide written verification of attainment of these skills from a high school, TCS district, community-based organization, college, university, psychologist licensed by the department or by the department of safety and professional services, or a school counselor licensed by the department. This requirement shall be waived for a person who is 55 years of age or older at the person’s written request.

(e) Has completed instruction in career awareness, including instruction in setting short-term and long-term career goals. The applicant shall provide written verification of completion of the instruction from a high school, TCS district, community-based organization, college, university, or psychologist licensed by the department or by the department of safety and professional services, or a school counselor licensed by the department. This requirement shall be waived for a person who is 55 years of age or older at the person’s written request.

(2) Notwithstanding s. PI 5.03 (2), the state superintendent may grant a high school equivalency diploma to a person who meets the requirements under s. PI 5.035 (1) (b) and all of the requirements under this section. The high school equivalency diploma may be granted no sooner than at the end of the semester in which the person takes the final general educational development test under s. PI 5.035 (1) (b).

History

Cr. Register, February, 1988, No. 386, eff. 7-1-88; renum. to be (1), cr. (2), Register, June, 1992, No. 438, eff. 7-1-92; corrections made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1996, No. 483; corrections in (2) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; emerg. am. (1) (a), eff. 1-2-04; CR 03-102: am. (1) (a) Register April 2004 No. 580, eff. 4-1-04; corrections in (1) (d) and (e) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674; CR 13-114: am. (1) (a) Register June 2014 No. 702, eff. 7-1-14; CR 26-006: am. (1) (d), (e), (2) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 5.06 High school equivalency diploma based on attainment of high school credits {#sec-pi-5.06 omnilex-key=us-wi-regs-official--agency-pi--PI 5.06}

(1) The state superintendent shall grant a high school equivalency diploma to a person who meets the requirements of s. PI 5.03 and has completed all of the following:

(a) At least 22 high school credits, including at least 4 in English or communications; 3 in social studies; 3 in mathematics; 3 in science; and 0.5 in health.

(b) The civics test required under s. 118.33 (1m) (a), Stats.

(2) Post-secondary credits shall be accepted by the state superintendent in meeting the requirements under sub. (1). A post-secondary course which grants 3 semester credits or 4 quarter credits is equivalent to one high school credit.

(3) The applicant shall provide certified transcripts from public or private high schools, TCS districts, colleges, or universities to document completion of the credits.

Note: Persons who meet the requirements of this section may be eligible for a high school diploma and should contact their school district of residence to determine if they meet the school board requirements for the school district high school diploma.

History

Cr. Register, February, 1988, No. 386, eff. 7-1-88; corrections in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1996, No. 483; CR 26-006: renum. (1) to (1) (intro.) and am., cr. (1) (b) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 5.07 High school equivalency diploma based on post-secondary education {#sec-pi-5.07 omnilex-key=us-wi-regs-official--agency-pi--PI 5.07}

The state superintendent shall grant a high school equivalency diploma to a person who meets the requirements of s. PI 5.03 and has earned at least 24 post-secondary semester credits or 32 post-secondary quarter credits, including credit in each subject in which the person did not complete the high school credits required under s. 118.33 (1) (a), Stats., except physical education. Only post-secondary credit may be counted in meeting the credits required under this section. The applicant shall provide certified transcripts from a public or private high school to document completion of requirements of s. 118.33 (1) (a), Stats.; and from colleges, universities or TCS districts to document completion of the post-secondary credits.

History

Cr. Register, February, 1988, No. 386, eff. 7-1-88; correction made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1996, No. 483.

Wis. Admin. Code § PI 5.08 High school equivalency diploma based on a foreign diploma or degree {#sec-pi-5.08 omnilex-key=us-wi-regs-official--agency-pi--PI 5.08}

The state superintendent shall grant a high school equivalency diploma to a person who meets the requirements of s. PI 5.03 and all of the following:

(1) Presents a high school diploma or the equivalent or a degree from an institution of higher learning earned in another country and a certified transcript attesting to the completion of the program of study required for the diploma or degree. If the transcript is not in English, the applicant shall also provide a certified translation.

(2) Is a United States citizen or meets both of the following requirements:

(a) Documents that the person is able to speak, read and write words in ordinary usage in the English language as required for United States citizenship under 8 USC 1423.

(b) Has successfully completed a course in citizenship approved by the state superintendent; has received a passing score on a test in citizenship comparable to the test administered pursuant to s. 118.33 (1m) (a), Stats.; or documents that the person has satisfied the requirement for knowledge of United States history and forms of government required for United States citizenship under 8 USC 1423.

History

Cr. Register, February, 1988, No. 386, eff. 7-1-88; CR 26-006; am. (2) (a), (b) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 5.09 High school equivalency diploma based on completion of a program approved by the state superintendent {#sec-pi-5.09 omnilex-key=us-wi-regs-official--agency-pi--PI 5.09}

(1) A TCS district, college, university, community-based organization, federal job corps center or the department of corrections may submit a plan to the state superintendent requesting approval of a program for determining high school equivalency. The program shall be designed to determine whether a person has attained the knowledge and skills generally associated with graduation from high school, including employability skills, career awareness, citizenship, and each of the subject areas under s. 118.33 (1) (a), Stats., except physical education. The plan shall include all of the following:

(a) A description of any courses, training, and counseling which will be included in the proposed program, including the number of hours of instructional time, if any; and a description of the methods of evaluation or assessment that will be used to determine the person’s knowledge and skills.

(b) The qualifications of the professional staff members who will be involved in the program.

(c) A description of any groups, such as older adults, minorities, displaced homemakers or displaced workers, which might be effectively served by the proposed program, and a description of how the program will meet the special needs of these groups.

(d) A plan for evaluating the proposed program to determine its effectiveness in assessing high school equivalency.

(2)

(a) The state superintendent may approve the program for an initial period of time, not to exceed one year. At the end of the initial approval period, if the state superintendent determines that the program has successfully measured attainment of high school equivalency, as described in sub. (1) (intro.), the state superintendent may grant continuing approval, subject to annual reviews. The state superintendent may withdraw approval of a program at any time, if the program does not meet all of the requirements of this section and of the approved plan.

(b) The state superintendent shall approve or disapprove the application in writing. If the application is not approved, the reasons for disapproval shall be specified in the written disapproval. An agency under sub. (1) which has been denied approval may, within 30 days of receipt of the written disapproval:

Resubmit the application with additional information or modifications in the proposed program, or,
Request, in writing, a review of the disapproval and an opportunity to meet with the department concerning the reasons for disapproval. If a request is made under this subdivision, the department shall grant the request and shall issue a final decision in writing following the review and any requested meeting.

(3) The state superintendent shall grant a high school equivalency diploma to a person who meets the requirements of s. PI 5.03 and provides written verification that the state superintendent has satisfactorily completed an approved program under this section.

Note: The department will maintain a listing of general educational development testing sites and of programs which meet the requirements of this chapter. The list may be obtained at no charge by writing to the Department of Public Instruction, Division for Instructional Services, 125 South Webster Street, P.O. Box 7841, Madison, WI 53707-7841.

History

Cr. Register, February, 1988, No. 386, eff. 7-1-88; am. (1) (intro.), Register, October, 1989, No. 406, eff. 11-1-89; am. (1) (intro.), Register, June, 1992, No. 438, eff. 7-1-92; correction in (1) (intro.) made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1996, No. 483; CR 26-006: am. (2) (a), (3) Register July 2026 No. 847, eff. 8-1-26.

Chapter PI 6 PUBLIC LIBRARIES

Subchapter I General Provisions

Wis. Admin. Code § PI 6.01 Purpose {#sec-pi-6.01 omnilex-key=us-wi-regs-official--agency-pi--PI 6.01}

This chapter sets forth requirements and grades of certification an individual must hold in order to be an administrator of a municipal, joint and county public library. In addition, this chapter sets requirements for public library systems and determines reimbursement rates for the costs of providing interlibrary borrowing services.

History

Cr. Register, September, 1992, No. 441, eff. 10-1-92.

Wis. Admin. Code § PI 6.02 Definitions {#sec-pi-6.02 omnilex-key=us-wi-regs-official--agency-pi--PI 6.02}

In this chapter:

(1) “Division” has the meaning given under s. 43.01 (2), Stats.

(2) “Public library system” has the meaning given under s. 43.01 (5), Stats.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; renum. from PI 6.01, Register, September, 1992, No. 441, eff. 10-1-92.

Subchapter II Public Librarian Certification

Wis. Admin. Code § PI 6.03 Public librarian certification {#sec-pi-6.03 omnilex-key=us-wi-regs-official--agency-pi--PI 6.03}

(1) Definitions. In this section:

(a) “Administrator” means the head librarian or other person appointed by a library board under s. 43.58 (4), Stats., or by a library system board under s. 43.17 (4), Stats., to direct and administer the library or system.

(am) “Contact hour” means 60 minutes of continuous participation in a learning activity.

(b) “County library” means a library created under s. 43.57, Stats.

(d) “Municipal library” means a library created under s. 43.52, Stats.

(e) “Population” means the population reported by the U.S. department of commerce, bureau of the census in the last federal decennial census.

(2) General. Administrators employed by a public library system, county library system or any municipal public library, except a library in a city of the first class, supported in whole or in part by public funds, shall hold certification as described in this section. Applications for librarian certificates under this section shall be made in writing to the division. Certificates are effective on the date of approval by the department through the last day of the expiration month indicated on the certificate.

(3) Regular certification. The following requirements and grades of certification are established:

(a) Grade I.

Administrators of municipal, joint and county public libraries with a municipal, joint municipal or county population of 6,000 or more and administrators of public library systems shall hold grade I certification.
Grade I certificates under this paragraph shall be granted for a 5-year period to applicants holding both a bachelor’s degree from a college or university approved by an accrediting association of more than statewide standing and a master’s degree from a library school program accredited by the American library association.
Grade I certificates under this paragraph may be granted to an applicant holding a master’s degree from an unaccredited library school program if the division is satisfied that the program leading to that degree is substantially equivalent and the applicant’s professional experience is demonstrative of the ability to provide professional library services.

(b) Grade II.

Administrators of municipal, joint and county public libraries with a municipal, joint municipal or county public library population of between 3,000 and 5,999 persons shall hold at least grade II certification.
Grade II certificates shall be granted to applicants meeting the requirements under this subdivision or subd. 3. Grade II certificates under this subdivision shall be granted for a 5-year period to applicants holding a bachelor’s degree from a college or university approved by an accrediting association of more than statewide standing, including or supplemented by earning 12 semester credits of coursework or the equivalent, approved by the division, in the following areas:

a. Public library administration.

b. Advanced public library administration.

c. Organization and management of library collections.

d. Public and community services.

Grade II certificates under this subdivision shall be granted for a 5-year period to applicants holding a bachelor’s degree along with a minor in library science from a college or university approved by an accrediting association of more than statewide standing, including or supplemented by earning 3 semester credits of coursework or the equivalent, approved by the division, in advanced public library administration.

Administrators of municipal, joint and county public libraries with a municipal, joint municipal or county public library population under 3,000 persons shall hold at least grade III certification.
Grade III certificates under this paragraph shall be granted for a 5-year period to applicants having earned 54 semester credits, half of which shall be in the liberal arts and sciences, at a college or university approved by an accrediting association of more than statewide standing, including or supplemented by earning 12 semester credits of coursework or the equivalent, approved by the division, in the following areas:

a. Public library administration.

b. Advanced public library administration.

c. Organization and management of library collections.

d. Public and community services.

(4) Permanent certificates issued prior to May 1, 1979. Permanent certificates issued under certification rules in effect prior to May 1, 1979, shall continue to be valid.

(5) Certification renewal.

(a) Certificates under sub. (3) may be renewed upon evidence which satisfies the division that in the 5-year period prior to recertification the holder has participated in 100 contact hours, at least 10 hours of which must be technology related, of continuing education in librarianship which is either directly related to the position held or will permit advancement in the profession.

(b) The public library system to which the library belongs or the division, when a public library does not belong to a public library system, shall assist in determination of requirements for continuing education and validate records submitted evidencing a renewal applicant’s participation in continuing education under this subsection.

(6) Temporary certification. The division may grant temporary certification at the appropriate grade levels. An applicant shall apply for temporary certification within 3 months of employment in order to be eligible for such certification. Temporary certification for a one-year time period may be issued as follows:

(a)

To an applicant for grade I certification who meets the requirements under sub. (3) (a) 2. but who has not completed a master’s degree.
The applicant shall provide the division a written schedule for completing the requirements under subd. 1.
The division shall approve the proposed schedule before the certificate may be granted under this paragraph.
The certificate under this paragraph is applicable for up to one year and is not renewable.

(b)

To an applicant for grade II certification who holds a bachelor’s degree but otherwise does not meet the requirements under sub. (3) (b) 2. or 3.
The applicant shall provide the division a written schedule for completing the requirements under subd. 1.
The division shall approve the proposed schedule before the certificate may be granted under this paragraph.
The certificate under this paragraph may be renewed on an annual basis up to 3 times, for a total coverage not exceeding a period of 4 years, provided the applicant has completed the public library administration course by the end of the first year and at least one of the remaining courses specified under subd. 1. annually thereafter. The certificate is not renewable a fourth time.

(c)

To an applicant for grade III certification who meets the requirements under sub. (3) (c) 2., but who has not earned 12 semester credits of coursework or the equivalent, approved by the division, in the following areas:

a. Public library administration.

b. Advanced public library administration.

c. Organization and management of library collections.

d. Public and community services.

The applicant shall provide the division a written schedule for completing the requirements under subd. 1.
The division shall approve the proposed schedule before the certificate may be granted under this paragraph.
The certificate under this paragraph may be renewed on an annual basis up to 3 times, for a total coverage not exceeding a period of 4 years, provided the applicant has completed the public library administration course by the end of the first year and at least one of the remaining courses specified under subd. 1. annually thereafter. The certificate is not renewable a fourth time.

(d)

To an applicant for certification who was previously certified and whose certification has been expired for at least one year and who has not served as the administrator of a public library or public library system in Wisconsin during that period.
The applicant shall meet the basic requirements for initial certification under sub. (3) at the appropriate grade level.
An applicant who receives a temporary certificate under this paragraph shall complete at least 20 contact hours of continuing education under sub. (5) during the temporary certification period.
The certificate under this paragraph is applicable for up to one year and is not renewable.
The applicant will be eligible for certification under sub. (3) upon completion of the 20 contact hours of continuing education as described under sub. (5).

(7) Provisional certification. The division may grant provisional certification at the appropriate grade level for a 5-year period to the following applicants provided they continue to work at the same library and comply with sub. (5):

(a) An applicant who was employed as the administrator for a public library in which the applicant was originally certified at the appropriate grade level but is no longer properly certified due to the population growth of the jurisdiction in which the public library the applicant is employed at is located.

Note: Administrators of public libraries affected by a population increase will be notified by the division when the new population figures are available and certification at the appropriate grade level will be effective at that time.

(b) An applicant who was employed as the administrator for the public library in which the applicant is currently employed at the time the library became a member or part of the public library system or a joint public library.

History

Emerg. cr. eff. 1-26-72; r. emerg. rule and cr. Register, April, 1972, No. 196, eff. 5-1-72; am. (2), Register, August, 1973, No. 212, eff. 9-1-73; r. and recr., Register, April, 1979, No. 280, eff. 5-1-79; r. (1) (b), cr. (1) (b) to (d), am. (3) (a) to (d) and (5), r. and recr. (6), Register, October, 1990, No. 418, eff. 11-1-90; cr. (1) (e) and (7), am. (3) (a) to (d), (4), (5) (intro.), (b), (d) and (6) (b), r. and recr. (6) (a), Register, January, 1994, No. 457, eff. 2-1-94; am. (2), (4), (5) (intro.), (a) and (b), r. (3) (a) 1., (b) 1., (c) 1., (d) and (5) (c) to (e), renum. (3) (a) 2. to 4. to be (3) (a) 1. to 3. and am., renum. (3) (b) 2. and 3. to be (3) (b) 1. and 2. and am., renum. (3) (c) 2. to be (3) (c) 1. and am., renum. (5) (f) to be (5) (c), r. and recr. (6) and (7), Register, May, 2000, No. 533, eff. 6-1-00; CR 04-027: cr. (1) (am), am. (2), (3) (c) 2., (4), (5) (intro.), (a) and (b), (6) (intro.), (b) 4., (c) 1. and 4., renum. (5) (c) to be (5) (b) Register October 2004 No. 586, eff. 11-1-04; corrections in (6) (d) 3. and 5. made under s. 13.93 (2m) (b) 7., Stats., Register October 2004 No. 586; CR 10-140: am. (3) (b) 2., (c) 2., (5) (a), (6) (b) 4., (c) 1., 4., cr. (3) (b) 3., renum. (6) (b) 1. (intro.) to be 1. and am., r. (6) (b) 1. a. to d. Register May 2011 No. 665, eff. 6-1-11; CR 26-006: am. (7) (a), (b) Register July 2026 No. 847, eff. 8-1-26.

Subchapter III Public Library Systems

Wis. Admin. Code § PI 6.06 Requirements for public library systems {#sec-pi-6.06 omnilex-key=us-wi-regs-official--agency-pi--PI 6.06}

(1) Additional counties. A public library system shall allow in its organizational structure for additional counties to join after the system is established.

(2) Plans for use of state aid. Annually, a system shall file a plan for the use of the state aid it will receive. In a federated system such plan shall indicate the funds to be used by the system for system services.

(3) Filing service contracts. A public library system shall file with the division for library services copies of all contracts regarding services. Included shall be intersystem contracts; contracts with other types of libraries, information centers, and educational organizations; and any interstate contracts developed. A federated system, additionally, shall file contracts concerning system organization, and services among its members.

(4) Reporting and financial requirements. Each system shall:

(a) Maintain all official records at the system administrative headquarters for at least 10 years.

(b) Maintain appropriate public records of the system’s financial activities in accordance with accepted accounting practices.

(c) File an annual report on a form prescribed by the division, describing its operations and reporting on its income, expenditures, and programs.

(d) Contract with a certified public accountant to audit the public library system’s general purpose financial statements for the fiscal year. The audit shall be conducted in accordance with all applicable federal laws and regulations, Wisconsin Statutes and administrative rules, and all of the following:

Generally accepted auditing standards.
Governmental auditing standards issued by the U.S. Comptroller General.
The provisions of the United States office of management and budget, uniform administrative requirements, cost principles, and audit requirements for federal awards under 2 CFR, part 200.

(e) Maintain financial statements present in the auditor’s report that comply with generally accepted accounting principles promulgated by the government accounting standards board.

(f) Submit a corrective action plan to the department for any audit which the department determines is not in compliance with this section.

Note: Audits of State and Local Governmental Units may be obtained from the American Institute of Certified Public Accountants, 1211 Avenue of the Americas, New York, NY 10036-8775.

Governmental Accounting and Financial Reporting Standards may be obtained from the Governmental Accounting Standards Board of the Financial Accounting Foundation, High Ridge Park, Stamford, CT 06905-0821.

Standards for Audits of Governmental Organizations, Programs, Activities and Functions by the Comptroller General of the United States may be obtained from Superintendent of Documents, Public Documents Department, U.S. Government Printing Office, Washington, D.C. 20402.

All of the above publications are available for examination at the Department of Public Instruction, School Financial Services Team, 125 South Webster Street, Madison, WI

History

Cr. Register, June, 1972, No. 198, eff. 7-1-72; r. (2), (5), (7) to (11), renum. (3), (4) and (6) to be (2) to (4) and am. (2) and (4) (a), Register, September, 1992, No. 441, eff. 10-1-92; CR 10-139: r. and recr. (4) (d), cr. (4) (e), (f) Register May 2011 No. 665, eff. 6-1-11; CR 19-069: r. (4) (d) 3., cr. (4) (d) 4. Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 6.07 Public library system aid adjustment due to territory alteration {#sec-pi-6.07 omnilex-key=us-wi-regs-official--agency-pi--PI 6.07}

(1) For any year in which a public library system aid adjustment is required under s. 43.24 (1) (b), Stats., the state aid payment to a public library system with altered territory shall be determined by adding together the results of sub. (2) (a) to (c) then using the applicable formula under subs. (3) to (6).

(2) To determine the amount to be applied toward the applicable formula under subs. (3) to (6), the department shall add the results of all of the following for the territory causing the adjustment:

(a) Multiply the square mile area of the territory as determined for the payment of 1999 public library system aid by $8 if the territory was a member of a single county system in 1999 or by $20 if the territory was a member of a multicounty public library system in 1999.

(b) Multiply the total public operating expenditures within the territory from local and county sources as determined for the payment of 1999 public library system aid by .04.

(c) Multiply the population of the territory as determined for the payment of 1999 public library system aid by $1.37379.

(3) For a system with territory withdrawing or being expelled from the system or for a county abolishing a public library system under s. 43.18, Stats., or for territory leaving a system under s. 43.15 (3) (b) and (c), Stats., as a result of the establishment of a public library or joint public library, calculate as follows to determine the amount of state aid to be paid to the system for the current year:

(a) Subtract the results of sub. (2) for the abolished, expelled, withdrawing or leaving territory from the 1999 state aid payment to the territory’s then public library system. For any future system territory alteration, this amount shall be considered the 1999 public library system aid payment.

(b) Divide the result of par. (a) by $13,249,800.

(4) For a system with territory joining a system under s. 43.13 or 43.15 (3) (b) and (c), Stats., calculate as follows to determine the amount of state aid to be paid to the system for the current year:

(a) Add the result of sub. (2) for the joining territory to the 1999 state aid payment to the public library system being joined. For any future system territory alteration, this amount shall be considered the 1999 public library system aid payment.

(b) Divide the result of par. (a) by $13,249,800.

(5) For the establishment of a system under s. 43.13, Stats., including systems merged under s. 43.15 (4) (a), Stats., calculate as follows to determine the amount of state aid to be paid to the system for the current year:

(a) Determine the result of sub. (2) for the territory establishing a public library system. For any future system territory alteration, this amount shall be considered the 1999 public library system aid payment.

(b) Divide the result of par. (a) for the territory establishing a public library system by $13,249,800.

(6) For a public library established after January 1, 1999 that does not select membership in a public library system, calculate as follows to determine the amount of state aid to be paid to the system for the current year:

(a) Subtract the result of sub. (2) for the territory establishing the public library from the 1999 state aid payment to the territory’s then public library system. For any future system territory alteration, this amount shall be considered the 1999 public library system aid payment.

(b) Divide the result of par. (a) by $13,249,800.

History

Emerg. cr. eff. 3-4-00; cr. Register, July, 2000, No. 535, eff. 8-1-00.

Subchapter IV Interlibrary Borrowing

Wis. Admin. Code § PI 6.10 Definitions {#sec-pi-6.10 omnilex-key=us-wi-regs-official--agency-pi--PI 6.10}

In this subchapter:

(1) “Interlibrary borrowing services” means services which involve the direct borrowing of library materials by an individual holding a valid borrower’s card of another participating public library.

(2) “Loan” means a unit of services that involves checking out a single item from the library to an individual for use outside the library for a specified period. A renewal of that loan constitutes a separate loan.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90.

Wis. Admin. Code § PI 6.11 Reimbursement rates for the costs of providing interlibrary borrowing services {#sec-pi-6.11 omnilex-key=us-wi-regs-official--agency-pi--PI 6.11}

(1) Under s. 43.24 (2) (n), Stats., if the system reimburses a participating public library for the costs of providing interlibrary borrowing services to an individual who holds a valid borrower’s card of another participating public library, the reimbursement may not exceed the actual costs incurred by the public library in providing such services.

(2) In determining the actual cost under s. 43.24 (2) (n), Stats., the total nonfederal operational expenditures of the public library in the preceding year shall be divided by the total number of loans made by the public library in the preceding year. Operational expenditures may not include capital expenditures.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90.

Chapter PI 7 PUPIL TRANSPORTATION

Subchapter I Unusual Hazards

Wis. Admin. Code § PI 7.01 Transportation in areas of unusual hazards {#sec-pi-7.01 omnilex-key=us-wi-regs-official--agency-pi--PI 7.01}

(1) Purpose and scope. Under s. 121.54 (9), Stats., school boards are responsible for developing a plan which will provide the proper safeguards for pupils who must face unusual hazards in walking to and from school. In accordance with the requirements of s. 121.54 (9) (c), Stats., the definitions of “unusual hazards” and “area of unusual hazards”in this chapter shall be used in the identification of such conditions and in the planning and implementation of measures to safeguard against them.

(2) Definition. An unusual hazard is an existing condition which constitutes more than ordinary hazard and which seriously jeopardizes the safety of pupils in their travel to and from school. It is recognized that all traffic situations through which pupils must travel present some degree of hazard. That degree of hazard often depends on the age of the pupils concerned. When such hazards reach a degree of danger which is unacceptable to the community in which they exist, the school board, with its combined judgment reflecting the safety interests of the community, may identify such hazards as unusual for the purpose of proposing a plan to remove or diminish them.

(3) Area of unusual hazard. An area of unusual hazards includes any area in which any unusual hazard has been defined in accordance with sub. (2).

History

Emerg. cr. eff. 8-12-76; cr. Register, January, 1977, No. 253, eff. 2-1-77; renum. from PI 7.02 and am. (3), Register, June, 1984, No. 342, eff. 7-1-84.

Subchapter II Parent Contracts for Pupil Transportation

Wis. Admin. Code § PI 7.02 Purpose and scope {#sec-pi-7.02 omnilex-key=us-wi-regs-official--agency-pi--PI 7.02}

This subchapter establishes procedures for school districts to follow in offering parent contracts for transportation to ensure greater consistency among school districts in applying the law under s. 121.55 (1) (b) and (3), Stats. This subchapter applies only to contracts to transport a pupil to and from school for the purpose of attending curricular programs or activities. This subchapter does not apply to transportation provided to a pupil for school-sponsored events, co-curricular activities, or extra-curricular activities.

History

CR 03-006: cr. Register October 2003 No. 574, eff. 11-1-03; correction in numbering made under s. 13.92 (4) (b) 1., Stats., Register December 2016 No. 732.

Wis. Admin. Code § PI 7.03 Definitions {#sec-pi-7.03 omnilex-key=us-wi-regs-official--agency-pi--PI 7.03}

In this subchapter:

(1) “Department” means the Wisconsin department of public instruction.

(2) “School board” has the meaning defined in s. 115.001 (7), Stats.

(3) “School district” has the meaning defined in s. 115.01 (3), Stats.

History

CR 03-006: cr. Register October 2003 No. 574, eff. 11-1-03.

Wis. Admin. Code § PI 7.04 Parent contracts for transportation of pupils to public or private schools {#sec-pi-7.04 omnilex-key=us-wi-regs-official--agency-pi--PI 7.04}

(1) Under s. 121.55 (1) (b), Stats., school boards may provide transportation to a pupil, regardless of whether the pupil attends a public or private school, by contracting with that pupil’s parent or guardian to provide the transportation. If the parent or guardian rejects a contract offered under this section, the school board is still obligated to provide transportation for the pupil using one of the options under s. 121.55 (1) (a) or (c) to (e), Stats.

(2) Except as provided in s. PI 7.05, the amount of compensation provided in the contract under sub. (1) shall be for any amount mutually agreed upon by the school board and the parent or guardian of the pupil to be transported.

History

CR 03-006: cr. Register October 2003 No. 574, eff. 11-1-03; CR 19-067: r. (3) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § PI 7.05 Parent contracts for transportation of pupils to private schools {#sec-pi-7.05 omnilex-key=us-wi-regs-official--agency-pi--PI 7.05}

(1) If s. 121.55 (3), Stats., applies, a school board may fulfill its obligation to transport a pupil to a private school under s. 121.54 (2) (b) 1., Stats., by offering to contract with that pupil’s parent or guardian to provide the transportation. Section 121.55 (3), Stats., applies if the estimated cost of transporting the private school pupil is more than 1.5 times the school district’s average cost per pupil for bus transportation in the previous school year as specified under sub. (2) and the school board has notified the parent or guardian as specified under sub. (3).

(2) In order to determine whether a contract can be offered under this section, the school board shall make a good faith estimate of the cost of transporting the private school pupil for the upcoming school year using a cost-effective means of providing safe and timely transportation using one of the methods described under s. 121.55 (1) (a) or (c) to (e), Stats. If the estimated cost of transporting the private school pupil is more than 1.5 times the school district’s average cost per pupil for bus transportation in the previous school year, exclusive of transportation for kindergarten pupils during the noon hour and for pupils with disabilities who receive special transportation, the school board may offer a contract under this section. The school board shall utilize the worksheet prescribed by the department in the appendix to this chapter in calculating the school district’s average cost per pupil for bus transportation in the previous school year. The school board shall maintain a copy of the worksheet prescribed by the department in the appendix to this chapter and a written record of the estimated cost to transport the pupil which indicates the date the estimate was made and the assumptions used in calculating the estimate. The worksheet shall be maintained for 7 years following the school year in which the contract would apply. The written estimate shall be maintained for whatever term specified in the school board’s policy for pupil record retention under s. 118.125 (3), Stats.

Note: In the case of a dispute, the department will look to the school district to have preserved all the written records necessary to demonstrate how it properly applied the statutes and arrived at its estimate.

(3) The school board shall notify the parent or guardian of the private school pupil of its intention to offer a contract under this section at least 30 days before the commencement of the school term of the public school district. The notice shall be in writing, shall include a statement that the contract is being offered under s. 121.55 (3), Stats., shall specify the amount of compensation to be provided under the parent contract, shall include a statement that if a properly offered contract is rejected, the school board is not obligated to provide transportation, and shall include all of the written documentation required under sub. (2).

(4) The contract shall provide for an annual payment for each pupil of not less than $5 times the distance in miles between the pupil’s residence and the private school the pupil attends, or the school district’s average cost per pupil for bus transportation in the previous school year, exclusive of transportation for kindergarten pupils during the noon hour and for pupils with disabilities who receive special transportation, whichever is greater. The school board shall utilize the worksheet prescribed by the department in the appendix to this chapter in calculating the school district’s average cost per pupil for bus transportation in the previous school year. The payment may not exceed the actual cost of providing the transportation.

(5) If the parent or guardian rejects a properly offered contract under this section, the school board is not obligated to provide transportation for the pupil.

History

CR 03-006: cr. Register October 2003 No. 574, eff. 11-1-03.; CR 26-006: am. (4) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 7.06 Parent contract disputes {#sec-pi-7.06 omnilex-key=us-wi-regs-official--agency-pi--PI 7.06}

(2) The department shall determine the amount of compensation for a contract under s. PI 7.04 upon the request of either party. The department shall determine the amount of compensation on a case-by-case basis based on criteria that may include the following:

(a) The estimated cost, as determined by the parent or guardian, to provide the transportation.

(b) The ability of the parent to provide the transportation.

(3) The department shall determine the amount of compensation for a contract under s. PI 7.05 upon the request of either party. The department shall determine the amount of compensation by reviewing the school board’s estimated cost to transport the private school pupil and the school district’s average cost per pupil for bus transportation in the previous school year determined under s. PI 7.05 (2).

Note: Any requests made to the department under this chapter should be sent to the School Management Services Team at the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841.

History

CR 03-006: cr. Register October 2003 No. 574, eff. 11-1-03; CR 19-067: r. (1), am. (2) (intro.) Register December 2019 No. 768, eff. 1-1-20.

Chapter PI 7 Appendix APPENDIX

Wis. Admin. Code § Chapter PI 7 APPENDIX {#sec-chapter-pi-7 omnilex-key=us-wi-regs-official--agency-pi--Chapter PI 7}

CALCULATION OF SCHOOL DISTRICT’S AVERAGE COST PER PUPIL FOR BUS TRANSPORTATION IN THE PREVIOUS SCHOOL YEAR

The following worksheet is provided to assist the school district in determining its average cost per pupil for bus transportation in the previous school year, exclusive of transportation for kindergarten pupils during the noon hour and for pupils with disabilities who received special transportation. Wisconsin Uniform Financial Accounting Requirements (WUFAR) function codes are provided where applicable.

Average cost in school year _______ for contract effective in _______ school year.

Regular (home-to-school) bus transportation -- district owned vehicles (256 210) ____________
Regular (home-to-school) bus transportation -- contracted services (256 710) ____________
Any portion of the following attributable to regular (home-to-school) bus transportation.

Direction of pupil transportation (256 100) ____________

Vehicle repairs (256 500) ____________

Vehicle servicing (256 600) ____________

Insurance (256 800) ____________

Vehicle depreciation ____________

Bus Garage ____________

Fuel ____________

Subtotal (Add lines 1 through 3) ____________
Transportation of kindergarten pupils at the noon hour. ____________
Total regular (home-to-school) bus transportation cost (Subtract line 5 from line 4) ____________
Number of pupils transported* ____________
Average Cost Per Pupil for Regular Bus Transportation (Line 6 divided by line 7) ____________

If the amount shown on line 8 is greater than the amount obtained by multiplying $5 times the distance in miles between the pupil’s home and the private school the pupil attends, measured along the usually traveled route, the annual payment under the contract must be at least equal to the amount shown on line 8, up to the actual cost of the transportation.

*Number of pupils transported means the number of pupils who were transported on a bus at least once during the school year for the purpose of attending curricular programs or activities, excluding pupils with disabilities who received special transportation and kindergarten pupils transported only during the noon hour.

Date completed ____________________________________________________________________

Completed by ______________________________________________________________________

Chapter PI 8 SCHOOL DISTRICT STANDARDS

Wis. Admin. Code § PI 8.001 Definitions {#sec-pi-8.001 omnilex-key=us-wi-regs-official--agency-pi--PI 8.001}

In this chapter:

(1) “Access” means an opportunity to study through school district course offerings, independent study, cooperative educational service agencies, or cooperative arrangements between school district boards under s. 66.0301, Stats., and postsecondary education institutions.

(2) “Career exploration and planning” means the process by which elementary and secondary pupils identify and evaluate life and work choices, explore and plan career goals, and acquire realistic life and work decision-making skills.

(2m) “Charter school” means a school established under s. 118.40, Stats.

(3) “Children at risk” has the meaning set forth in s. 118.153 (1) (a), Stats.

(4) “Days” means calendar days unless otherwise specified.

(5) “Department” means the Wisconsin department of public instruction.

(5m) “Direction” or “under the direction” includes planning, consultation, inservice training and periodic review by a teacher licensed under s. PI 34.047 (3) (b), (g), (h), (k), or (L) to guide instruction in the area of licensure in the general education elementary classroom.

(6) “Hours” means clock hours.

(6g) “Innovative Instructional Design” means an instructional program aligned to school district standards and used to improve student academic achievement through instruction offered outside of the normal school day, virtually, or in an alternative setting.

(6m) “Instructional staff” for the purposes of charter schools, means all professional employees who have as part of their responsibility direct contact with students or with the instructional program of the school. Instructional staff includes, but is not limited to, teachers, librarians, pupil services staff, and administrative staff who supervise licensed staff.

(7) “Kindergarten” means 4-year-old and 5-year-old kindergarten, unless otherwise specified.

(8) “Licensed” means holding a valid license issued by the department as required under ss. 118.19 and 121.02 (1) (a), Stats.

(8m) “Middle level format” means an organizational pattern which includes part or all of grades 5 to 9.

(9) “Postsecondary education institutions” means public and private colleges and universities, and vocational and technical institutions and schools.

(10) “School district board” means the school board in charge of the schools of a public school district.

(11) “School term” has the meaning set forth in s. 115.001 (12), Stats.

(12) “State superintendent” means the state superintendent of public instruction.

(13) “Vocational education” means instructional programs designed to assist pupils in achieving mastery of the skills set forth in s. 118.01 (2) (b), Stats.

History

Cr. Register, November, 1986, No. 371, eff. 12-1-86; cr. (5m) and (8m), Register, December, 1987, No. 384, eff. 1-1-88; cr. (2m), (6m), Register, October, 1994, No. 466, eff. 11-1-94; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; CR 16-016: cr. (6g) Register July 2016 No. 727, eff. 8-1-16; CR 26-003: am. (5m) Register June 2026 No. 846, eff. 7-1-26; CR 26-006: am. (7) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 8.01 School district standards {#sec-pi-8.01 omnilex-key=us-wi-regs-official--agency-pi--PI 8.01}

(1) Purpose. To assure that the children of Wisconsin will have available an educational program meeting statutory standards and pursuant to s. 121.02, Stats., each school district board shall meet all of the school district standards set forth in sub. (2). A school district board may request approval from the state superintendent to comply in an alternative manner with any of the school district standards as specified in sub. (3).

(2) School district standards.

(a) Licensure.

Each school district board shall certify annually that every teacher, supervisor, administrator, and other professional staff member has been issued a valid certificate, license or permit by the department for the position for which he/she is employed before entering on duties for such position and that a copy of the valid certificate, license, or permit is on file in the district.

a. Each school district board shall ensure that all instructional staff of charter schools located in the school district hold a department issued license or permit to teach at the level and in the subject of their assignments or a tier I charter school license or permit issued under s. PI 34.031.

b. For purposes of this subdivision, a virtual charter school is located in the school district specified under s. 118.40 (8) (a), Stats. Virtual charter school instructional staff shall meet the requirements under s. 118.40 (8) (b), Stats.

c. The liability immunity provisions of ss. 115.31 (5) (b), 118.126 (2), 118.257 and 118.295, Stats., shall apply to charter school instructional staff.

(b) Staff development. Each school district board shall annually establish a professional staff development plan designed to meet the needs of individuals or curriculum areas in each school. The plan shall be developed with the cooperative efforts of licensed support staff, instructional staff, and administrative staff.

If a pupil enrolled in 5-year-old kindergarten to 3rd grade is identified as at-risk, as defined by s. 118.016 (1) (a), Stats., based on a universal reading assessment, as defined by s. 118.016 (1) (L), Stats., or diagnostic assessment, as defined by s. 118.016 (1) (b), Stats., the school board of the school district shall comply with s. 118.016 (5), Stats., relating to personal reading plans.

a. By July 1, 2025, each school board shall adopt a written policy specifying the criteria for promoting a pupil from grade 3 to 4. The policy shall include all of the components required under s. 118.33 (5m), Stats.

b. Beginning on September 1, 2027, no school board may promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion established in the school board’s policy under subd. 2. a.

(d) Five-year-old kindergarten. Each school district shall operate a kindergarten program in which all 5-year-old children of the district may be enrolled. The teachers shall be licensed by the department to teach kindergarten. Physical facilities, equipment and materials shall be provided for a program which includes opportunities for learning basic concepts and skills in language arts, fine arts, social studies, science, mathematics, health and physical education.

(e) Guidance and counseling services. Each school district board shall provide a program of guidance and counseling services for all pupils, which meets all of the following requirements:

The school district shall maintain a school board approved plan for the provision of a program of guidance and counseling services.
The program shall be developmentally based and available to every pupil in every grade of the school district.
The program shall be:

a. Systematically planned by licensed school counselors in collaboration with other licensed pupil services staff, teachers, parents and community health and human service professionals.

b. Provided by licensed school counselors in collaboration with other licensed pupil services staff, teachers, parents and community health and human service professionals.

The program shall provide developmentally appropriate educational, vocational, career, personal and social information to assist pupils in problem solving and in making decisions.
The program shall include pupil appraisal, post-secondary planning, referral, research and pupil follow-up activities.

(f) Hours of instruction. Each school district board shall annually schedule and hold at least 437 hours of direct pupil instruction in kindergarten, at least 1,050 hours of direct pupil instruction in grades 1 through 6, and at least 1,137 hours of direct pupil instruction in grades 7 through 12. The school hours are computed as the period from the start to the close of the school’s daily instructional schedule. Scheduled hours under this subdivision include recess and time for pupils to transfer between classes but do not include the lunch period. No more than 30 minutes per day may be counted for recess. Scheduled hours may also include the hours of instructional programming offered through innovative instructional designs that apply to the entire school or grade level. In computing the minimum number of instructional hours under this subdivision, schools may not count days and parts of days on which parent and teacher conferences are held, staff development or inservice programs are held, schools are closed for inclement weather and no compensatory instruction is offered virtually, and when no direct instruction is provided.

(g) Emergency nursing services. Each school district board shall provide emergency nursing services under a written policy adopted and implemented by the school district board which meets all of the following requirements.

The emergency nursing policies shall be developed by a professional nurse or nurses registered in Wisconsin in cooperation with other school district personnel and representatives from community health agencies and services as may be designated by the board.
Policies for emergency nursing services shall include protocols for dealing with pupil accidental injury, illness and administration of medication at all school sponsored activities including but not limited to curricular, co-curricular and extra-curricular activities and a method to record each incident of service provided.
Arrangements shall be made with a licensed physician to serve as medical advisor for the emergency nursing service.
The emergency nursing services shall be available during the regular school day and during all school sponsored activities of pupils.
Pupil emergency information cards, equipment, supplies and space for the emergency nursing services shall be appropriate and readily accessible.
A review and evaluation by the school board shall be made of the emergency nursing services program at least annually.

(h) Library media services. Each school district board shall:

Have on file a written, long-range plan for library services development which has been formulated by licensed library media personnel, teachers, and administrators, and approved by the school district board.
Designate a licensed library media person to direct and coordinate the district’s library media program.
Provide library facilities within the school building and make available to all pupils a current, balanced collection of books, basic reference materials, texts, periodicals, and digital materials which depicts in an accurate and unbiased way the cultural diversity and pluralistic nature of American society.
Provide library media services to all pupils as follows: to pupils in grades kindergarten through 6, library media services which are performed by or under the direction of licensed library media personnel; and to pupils in grades 7 through 12, library media services which are performed by licensed library media personnel.

(i) Safe and healthful facilities. A long-range plan shall be developed, adopted, and recorded by the school board which defines the patterns and schedule for maintaining the district operated facilities at the level of the standards established for safe and healthful facilities. The school board shall comply with all regulations, state codes, and orders of the department of safety and professional services and the department of health services and all applicable local safety and health codes and regulations. The facilities shall be inspected at least annually for potential or demonstrated hazards to safety and health, and hazardous conditions shall be corrected, compensating devices installed or special arrangements made to provide for safe and healthful facilities. Maintenance procedures and custodial services shall be conducted in such a manner that the safety and health of persons using the facilities are protected. Responsibility for coordinating all activities related to the safety and health considerations of the facilities for the entire district shall be assigned to one individual.

(j) Health, physical education, art and music. The school district board shall provide instruction in health, physical education, art and music as follows:

Health instruction shall be provided in accordance with a written comprehensive health education curriculum which includes the curricular areas defined in ss. 115.35 and 118.01 (2), Stats. A professional staff member shall be designated as coordinator of health education. Health education in grades kindergarten through 6 shall be under the direction of a licensed health teacher. In grades 7 through 12 health education shall be conducted by or under the direction of a licensed health teacher and shall include one structured course in health taught by a licensed health teacher.
Physical education instruction shall be provided in accordance with a developmental, sequential, comprehensive physical education curriculum and program of instruction for all pupils. Instruction in grades kindergarten through 6 shall be provided at least 3 times weekly, except that days on which special activities are conducted may be exempt; and shall be conducted by or under the direction of a licensed physical education teacher. Pupils in grade 6 may be scheduled in accordance with the criteria for scheduling grades 7 through 12 if the pupils are attending a school that includes any of those grades. All pupils in grades 7 through 12 shall participate in the instructional program of physical education taught by a licensed physical education teacher, except that in senior high schools one year or the equivalent may be optional to pupils.
Art instruction shall be provided in accordance with a written comprehensive art curriculum which is based upon concepts developed through sensory awareness, aesthetic discrimination and skill development in the creation of art and the knowledge of human art heritage. Art instruction shall be provided for all pupils in grades kindergarten through 6 and shall be performed by or under the direction of a licensed art teacher. Art instruction shall be available to all pupils in grades 7 through 12 and shall be taught by a licensed art teacher.
Music instruction shall be provided in accordance with a written comprehensive music curriculum including developmental experiences involving singing, playing instruments, listening, movement, creative expression and music reading. Music instruction shall be provided for all pupils in grades kindergarten through 6 and shall be performed by or under the direction of a licensed music teacher. Music instruction including general music, vocal music and instrumental music shall be available to all pupils in grades 7 through 12 and shall be taught by a licensed music teacher.

(k) Curriculum plan.

In this paragraph:

a. “Computer literacy” means the ability to use computer programs to assist learning, handling information and problem solving, and the ability to make informed judgments concerning social and ethical issues involving computers and information systems.

b. “School district curriculum plan” means the composite of the sequential curriculum plans.

c. “Sequential curriculum plan” means an organized set of learning experiences that build upon previously acquired knowledge and skills.

Each school district board shall develop, adopt and implement a written school district curriculum plan which includes the following:

a. A kindergarten through grade 12 sequential curriculum plan in each of the following subject areas: reading, language arts, mathematics, social studies, science, health, computer literacy, environmental education, physical education, art and music.

b. A grade 7 through 12 sequential curriculum plan in vocational education.

Each sequential curriculum plan shall specify objectives, course sequence, course content, resources, an objective process of determining whether pupils attain the specified objectives, and an allocation of instructional time by week, semester and school term. The school district board shall establish in the school district curriculum plan the allocation of instructional time, by week, semester and school term, among all subject areas.
Each sequential curriculum plan shall include a program evaluation method which provides that components of the sequential curriculum plan shall be monitored continuously. The overall program evaluation method shall be reviewed at least once every 5 years and revised as appropriate to ensure that pupils meet the curriculum objectives.
The school district curriculum plan shall be consistent with the approved education for employment program under ch. PI 26.
The school district board shall develop sequential curriculum plans in at least 3 of the subject areas specified in subd. 2.; in at least 3 more of the subject areas specified in subd. 2.; and in all of the remaining subject areas specified in subd. 2.. The computer literacy and environmental education curriculum plans shall be developed as follows:

a. Computer literacy objectives and activities shall be integrated into the kindergarten through grade 12 sequential curriculum plans.

b. Environmental education objectives and activities shall be integrated into the kindergarten through grade 12 sequential curriculum plans, with the greatest emphasis in art, health, science and social studies education.

(L) Instruction. Each school district board shall provide instruction as follows:

In grades kindergarten through 4, regular instruction shall be provided in reading, language arts, social studies, mathematics, science, health, physical education, art and music. In this subdivision, “regular instruction”means instruction each week for the entire school term in sufficient frequency and length to achieve the objectives and allocation of instructional time identified in the curriculum plans developed and adopted under par. (k).
In grades kindergarten through 8, include instruction in the social studies curriculum in the history, culture and tribal sovereignty of the federally recognized American Indian tribes and bands located in the state in at least 2 grade levels and in at least one grade level in grades 9 through 12.
In grades 5 through 8, regular instruction shall be provided in reading, language arts, social studies, mathematics, science, physical education, health, art and music. In this subdivision, “regular instruction” means instruction each week for the entire school term in sufficient frequency and length to achieve the objectives and allocation of instructional time identified in the curriculum plans developed and adopted under par. (k), except that in middle level formats which offer or require a variety of exploratory experiences for pupils, such as foreign language, business education, vocational agriculture, technology education, home economics education and marketing education, regular instruction in health, art and general music may be provided as follows:

a. In grades 5 and 6, each week for the entire school term, or the equivalent in instructional time and course content, and in sufficient frequency and length to achieve the objectives and allocation of instructional time identified in the curriculum plan developed and adopted under par. (k).

b. In grades 7 and 8, in sufficient frequency and length to achieve the objectives and allocation of instructional time identified in the curriculum plans developed and adopted under par. (k).

In grades 7 and 8, provide regular instruction in foreign language. In this subdivision regular instruction in foreign language means access to instruction in sufficient frequency and length to achieve the objectives and time allocations of a written, sequential curriculum plan in foreign language. The foreign language curriculum shall follow the requirements of other curriculum documents required under par. (k).
An introduction to career exploration and planning, through a one semester course or the equivalent in instructional time and course content, shall be integrated within grades 5 through 8.
In grades 9 through 12, access shall be provided without charge for tuition, to an educational program which enables pupils each year to study English, social studies, mathematics, science, vocational education, foreign language, physical education, art and music. The school district board shall make all courses as widely available to all pupils as possible, however an individual pupil’s scheduling conflict does not constitute denial of access to a course.

(m) Education for employment. Each school district board shall comply with s. 121.02 (1) (m), Stats., and ch. PI 26, relating to education for employment.

(n) Children at risk. Each school district board shall comply with s. 118.153, Stats., and ch. PI 25, relating to plans and programs for children at risk.

(o) Performance disclosure reports. Each school district board shall annually distribute the performance disclosure report under s. 115.38 (2), Stats. The school district board may include additional information in the report.

(p) High school graduation standards.

Each school district board shall comply with s. 118.33, Stats., and ch. PI 18, relating to high school graduation standards.

(q) Personnel evaluation.

Each school district board shall establish specific criteria and a systematic procedure to measure the performance of licensed school personnel. The written evaluation shall be based on a board adopted position description, including job related activities, and shall include observation of the individual’s performance as part of the evaluation data. Evaluation of licensed school personnel shall occur during the first year of employment and at least every third year thereafter.
The school district board shall ensure that evaluations, including those for purposes of discipline, job retention or promotion, shall be performed by persons who have the training, knowledge and skills necessary to evaluate professional school personnel. The school district board shall be responsible for the evaluation of the school district administrator under this subdivision.

(r) Third grade reading tests.

The department shall develop a standardized reading test for pupils in grade 3. The department shall annually provide the test to all school district boards and score and report the results. Each school district board shall annually administer the test to all pupils in the school district enrolled in grade 3. Standardized refers to test objectives and items, test related materials, test administration procedures, the testing schedule, and the scoring and reporting procedures and formats. The department shall provide guidelines to assist school districts in testing and excluding from testing pupils with special needs, including pupils with exceptional educational needs under subch. V of ch. 115, Stats., and pupils with limited English proficiency under subch. VII of ch. 115, Stats. Each school district shall develop and adopt a district policy related to the testing and exclusion from testing of pupils with exceptional educational needs under subch. V of ch. 115, Stats., and pupils with limited English proficiency under subch. VII of ch. 115, Stats.
The department shall report each school district’s test results, for the school district and for each school in the district, to the school district board.
The department shall report aggregate statewide pupil achievement data to each school district for the purpose of local evaluation of school district test performance in relation to statewide performance.
The department shall establish achievement performance standards and shall report the achievement level to each school district board in relation to the standards.

(s) Achievement tests.

a. Each school district board shall, beginning the 1993-94 school year, administer the examinations required by the state superintendent under s. 118.30, Stats.

b. The school district board may exempt a pupil enrolled in a special education program under subch. V of ch. 115, Stats., or a pupil with limited English proficiency under subch. VII of ch. 115, Stats., from taking a test under this subdivision, as specified under ch. PI 13.

a. The school district board may administer additional examinations only if they are aligned with the school district’s curriculum and measure pupil achievement in relation to curriculum objectives identified under par. (k).

b. The department shall provide guidelines to assist school districts in testing and excluding from testing under subpar. a pupils with special needs, including pupils with exceptional educational needs under subch. V of ch. 115, Stats., and pupils with limited English proficiency under subch. VII of ch. 115, Stats.

Each school district shall develop and adopt a district policy related to the testing and exclusion from testing of pupils with exceptional educational needs under subch. V of ch. 115, Stats., and pupils with limited English proficiency under subch. VII of ch. 115, Stats.

(t) Gifted and talented pupils.

In this paragraph:

a. “Appropriate program” means a systematic and continuous set of instructional activities or learning experiences which expand the development of the pupils identified as gifted or talented.

b. “Gifted and talented pupils” has the meaning set forth in s. 118.35 (1), Stats.

Each school district board shall do all of the following:

a. Establish a plan to implement a gifted and talented program and designate an individual responsible for coordinating the gifted and talented program.

b. Identify gifted and talented pupils as required in s. 118.35 (1), Stats. This identification shall occur in kindergarten through grade 12 in general intellectual functioning, specific academic area, leadership, creativity, and visual and performing arts. A pupil may be identified as gifted or talented in one or more of the categories under s. 118.35 (1), Stats. The identification process shall result in a pupil profile based on multiple measures, including standardized test data, nominations, rating scales or inventories, products, portfolios, and demonstrated performance. Identification tools shall be appropriate for the specific purpose for which they are being employed. The identification process and tools shall be responsive to factors such as, but not limited to, pupils’ economic conditions, race, gender, culture, native language, developmental differences, and identified disabilities as described under subch. V of ch. 115, Stats.

c. Notwithstanding a pupil’s enrollment in an institution of higher education under s. 118.55, Stats., for which the cost-sharing requirements under s. 118.55 (6) (c) 1., Stats., apply, the school district board shall provide access, without charge for tuition, to appropriate programming for pupils identified as gifted or talented as required under ss. 118.35 (3) and 121.02 (1) (t), Stats.

d. Provide an opportunity for parental participation in the identification and resultant programming.

Note: A Gifted and Talented Resource Guide is available at https://dpi.wi.gov/gifted.

(u) Financial literacy. Each school district board shall comply with s. 121.02 (1) (L) 7., Stats., by adopting academic standards for financial literacy and incorporating instruction in financial literacy into the curriculum in grades kindergarten to 12.

(v) Instruction on the Holocaust and other genocides. Each school district board shall comply with s. 121.02 (1) (L) 8. b., Stats., by including, as a part of the social studies curriculum, instruction on the Holocaust and other genocides at least once in grades 5 to 8 and at least once in grades 9 to 12.

(3) Alternative compliance.

(a) A school district board may request that the state superintendent approve a plan for alternative compliance with any of the school district standards under sub. (2). A school district requesting approval of alternative compliance under this subsection shall submit a written request to the state superintendent by September 1, if the alternative compliance plan is to be implemented during the spring semester; by March 1, if the alternative compliance plan is to be implemented during the fall semester. The request shall include all of the following information, as appropriate:

The school district standard addressed by the alternative compliance plan.
The means by which the alternative compliance plan addresses the objectives of the school district standard including all of the following information:

a. The program objectives and anticipated outcomes of the alternative compliance plan.

b. The rationale and research or other information supporting the alternative compliance plan.

c. The staffing patterns which may be affected by the alternative compliance plan.

d. The number of students by grade level to be affected by the alternative compliance plan.

e. Any needed staff development to support the alternative compliance plan.

f. Timelines for implementation of the alternative compliance plan.

g. A description of how the alternative compliance will be evaluated, including a description of how progress toward meeting program objectives and anticipated outcomes identified under subd. 2. a. will be monitored and measured at regular intervals and at the conclusion of the year for which the plan is approved.

(b)

The state superintendent may approve a school district board’s plan for alternative compliance with a school district standard, if the state superintendent determines the alternative compliance plan will meet the objectives of the school district standard, maintains educational equity and will result in any of the following:

a. Improved efficiency in school administration or instruction.

b. Innovation in school district management or instruction, including but not limited to, progress towards outcome-based instruction and assessment; enhancement of educational opportunities; enhancement of education professions; and flexibility in staffing, programming and scheduling.

c. Other educational improvements.

The plan approval under subd. 1. may be subject to conditions specified by the state superintendent.
The state superintendent shall provide for the review of the requests for alternative compliance plans made under par. (a) and shall notify the school district board of the state superintendent’s decision within 60 days from the date the request is received. The decision shall be in writing and shall include the reasons for the decision.
The state superintendent may either hold a public hearing or request that the school district board hold a public hearing on the alternative compliance being proposed.

(c)

An initial alternative compliance plan may be approved for a 2 year period.
An alternative compliance plan may be renewed every 3 years after the initial plan approval only if an evaluation of the alternative compliance plan is provided by the school district board and is approved by the state superintendent.
The evaluation shall include the information specified in par. (a) 2. g. and is subject to the same timelines specified under par. (a).

(4) Waiver from school hours.

(a) In this subsection, “school closure” means the closure of one or more schools under s. 115.01 (10) (b) and (c), Stats.

(b) A school district board may request a waiver from the requirements under this chapter, with some exceptions, as specified under s. 118.38, Stats. A school district board requesting a waiver from the requirement to schedule and hold at least the number of hours of direct pupil instruction specified under sub. (2) (f) and s. 121.02 (1) (f), Stats., shall submit all of the following information to the department:

A letter from the district administrator or school board president requesting a waiver from the hours of direct pupil instruction requirement under sub. (2) (f) and s. 121.02 (1) (f), Stats., and specifying the reason or reasons for requesting the waiver.
A record of the public hearing held under s. 118.38 (1) (b), Stats., indicating the response from the community to the waiver request.
A copy of the order to close the school under s. 115.01 (10) (b) or (c), Stats., if applicable. If the order is submitted under s. 115.01 (10) (c), Stats., a copy of the board minutes indicating approval of the request for a waiver.
The number of hours requested to be waived.
The dates the school or schools were closed.
A description of the actions the school board took to make up the hours of instruction missed during the period of the school closure and what prevented the district from scheduling and holding at least the number of hours of direct pupil instruction specified under sub. (2) (f) and s. 121.02 (1) (f), Stats.
The number of days planned for inclement weather and parent teacher conference days as specified under sub. (2) (f).
Any additional information requested by the department.

(c) In determining whether to grant a waiver from the requirement to schedule and hold at least the number of hours of direct pupil instruction specified under sub. (2) (f) and s. 121.02 (1) (f), Stats., the department shall consider all of the following factors and may consider additional factors:

Whether the department received all the information required under par. (b).
The response of the community to the proposed waiver as indicated by the record of the public hearing submitted under par. (b) 2.
The length of the school closure.
The dates of the school closure and whether there was sufficient time before the end of the school year to adjust the school calendar to provide the required hours of direct pupil instruction missed during the period of the school closure.

History

Cr. Register, October, 1974, No. 226, eff. 11-1-74; emerg. am. (2) (l) 2., eff. 12-24-79; am. (2) (l) 2., Register, September, 1980, No. 297, eff. 10-1-80; r. (1), (2) (b) (h) and (m), renum. (2) (intro.) to be (1) and am., renum. (2) (c) to (e), (g), (i) to (l) to be (b) to (d), (e) and (g) to (j), cr. (2) (n), r. and recr. (2) (f), Register, November, 1986, No. 371, eff. 12-1-86; r. and recr. (2) (b), cr. (2) (f) 2., (k) to (m) and (o) to (t), eff. 9-1-88; r. and recr. (2) (h), cr. (2) (j) (intro.), am. (2) (j), Register, December, 1987, No. 384, eff. 1-1-88; am. (2) (c), (d), (e), (f) 2., cons. (2) (l) 2. intro. and a. and am., renum. (2) (l) 2. b., c., d. and 3 to be (2) (l) 2. a., b., 3. and 4. and am. 2. a. and b., r. and recr. (2) (k) 6. intro., eff. 9-1-88; am. (2) (c), (d), (h) 3., (i), (k) 3. and 4., (r) 1., (s) and (t) 2., r. and recr. (2) (e) and (g), renum. (2) (l) 2. to 4. to be 3., 5. and 6., cr. (2) (l) 2. and 4., Register, February, 1991, No. 422, eff. 3-1-91; except (2) (c) (d), (e), (g), (n) 3., (i), (k) 3. and 4., (l) 2. and (t) 2., eff. 9-1-91 and (2) (l) 4., eff. 9-1-94; am. (1), cr. (3), Register, November, 1992, No. 443, eff. 12-1-92; renum. (2) (a) to be (2) (a) 1., cr. (2) (a) 2., r. and recr. (2) (o), am. (2) (s), Register, October, 1994, No. 466, eff. 11-1-94; corrections in (2) (i) and (m) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register October 2001 No. 550; corrections in (2) (a) 2. made under s. 13.93 (2m) (b) 7., Stats., Register June 2004 No. 582; CR 07-057: am. (2) (t) 2. Register March 2008 No. 627, eff. 4-1-08; correction in (2) (s) 1. b. made under s. 13.92 (4) (b) 7., Stats., Register March 2008 No. 627; CR 09-117: cr. (4) Register May 2010 No. 653, eff. 6-1-10; correction in (2) (i) made under s. 13.92 (4) (b) 6., Stats., Register May 2010 No. 653; CR 10-083: r. and recr. (2) (a) 2. b., r. (2) (a) 2. c., renum. (2) (a) 2. d. to be (2) (a) 2. c. Register November 2010 No. 659, eff. 12-1-10; correction in (2) (i) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; CR 15-080: am. (2) (f) (title), r. (2) (f) 1., renum. (2) (f) 2., am. (4) (a), (b) (intro.), 1., 3., 6., (c) Register March 2016 No. 723, eff. 4-1-16; CR 16-016: am. (2) (f) Register July 2016 No. 727, eff. 8-1-16; correction in (2) (a) 2. a., b. made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727; CR 19-034: am. (2) (a) 2. a., b. Register February 2020 No. 770, eff. 3-1-20; CR 19-069: cr. (2) (u) Register February 2020 No. 770, eff. 3-1-20; CR 24-021: cr. (2) (v) Register July 2024 No. 823, eff. 8-1-24; CR 26-006: r. and recr. (2) (c), am. (2) (d), (h) 1., 3., 4., (k) 6. (intro.), (L) 2., 4., r. and recr. (2) (t) 2., am. (3) (b) 1. (intro.), 3. Register July 2026 No. 847, eff. 8-1-26; correction in (2) (c) 2. b. made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § PI 8.02 Compliance audits {#sec-pi-8.02 omnilex-key=us-wi-regs-official--agency-pi--PI 8.02}

(1) The department shall conduct an inquiry into compliance with the standards upon receipt of a complaint and may, on its own initiative, conduct an audit of a school district.

(2) The department shall notify the school district board at least 90 days prior to beginning the on-site audit.

(3) The department shall provide a report to the school district board in writing within 60 days of the end of the on-site visit. If the report indicates that the district is not in compliance with s. 121.02 (1), Stats., or s. PI 8.01 (2), the school district board or the electors of the school district as provided under s. 121.02 (3), Stats., may petition the state superintendent for a public hearing within 45 days of receipt of the audit report. The state superintendent shall hold the public hearing prior to any finding of noncompliance.

History

Cr. Register, November, 1986, No. 371, eff. 9-1-88; am. (1), Register, October, 1994, No. 466, eff. 11-1-94; CR 03-073: am (1) Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § PI 8.03 Noncompliance hearings {#sec-pi-8.03 omnilex-key=us-wi-regs-official--agency-pi--PI 8.03}

(1) Upon request of the school board or upon receipt of a petition signed by the number of electors under s. 121.02 (3), Stats., the state superintendent, or a person designated by the state superintendent as the hearing officer, shall conduct a public hearing in the school district prior to any finding that a school district is not in compliance with the standards under s. 121.02 (1), Stats., or s. PI 8.01 (2).

(2) The department shall mail notice of the hearing to the interested parties or their representatives and to representative media in the geographical area of the school district at least 10 days before the public hearing. The notice shall include the time and place of the hearing, and a deadline for submitting written statements.

(3) At the public hearing, all interested persons or their representatives shall be given an opportunity to present facts, opinions or arguments relative to the allegation of noncompliance in the report under s. PI 8.02 (3) or in the petition of the electors under s. 121.02 (3), Stats. The hearing officer may administer oaths or affirmations to those persons interested in giving testimony, and may question persons giving testimony. The hearing officer may limit the length of oral presentations at the hearing officer’s discretion and may continue or postpone the hearing to such time as the hearing officer deems appropriate. The department shall keep minutes or a taped record of the hearing.

(4) Any interested person may present written statements of facts, opinions or arguments on the issue of the hearing to the state superintendent, whether or not the person presented oral testimony. The state superintendent or hearing officer shall set a reasonable deadline for the submission of any written statements.

(5) After the public hearing and not later than 90 days after the deadline for submission of written statements, the state superintendent shall issue a written decision on whether the district is in compliance with the standards.

(6) If the state superintendent finds the school district board is not in compliance with the standards, the state superintendent may develop with the school district board a plan for compliance which specifies a time period, not to exceed 90 days, in which compliance must be achieved. Prior to the expiration of the time period, a school district board may submit a written request to the state superintendent for an extension of the time period. The request shall set forth the extenuating or mitigating circumstances that support granting the request and a date by which compliance will be achieved. The state superintendent may grant one extension of the time period, not to exceed one year. The state superintendent shall withhold up to 25% of state aid from any school district which fails to achieve compliance within the specified period, as required under s. 121.02 (3), Stats.

History

Cr. Register, November, 1986, No. 371, eff. 9-1-88; CR 26-006: am. (3) Register July 2026 No. 847, eff. 8-1-26.

Chapter PI 9 PUPIL NONDISCRIMINATION

Wis. Admin. Code § PI 9.01 Discrimination prohibited {#sec-pi-9.01 omnilex-key=us-wi-regs-official--agency-pi--PI 9.01}

This chapter establishes procedures for compliance with s. 118.13, Stats., which provides that no person may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person’s sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability. This chapter does not intend to prohibit the provision of special programs or services based on objective standards of individual need or performance to meet the needs of pupils, including gifted and talented, special education, school age parents, bilingual bicultural, at risk and other special programs; or programs designed to overcome the effects of past discrimination.

History

Cr. Register, October, 1986, No. 370. eff. 11-1-86; CR 17-056: am. Register January 2018 No. 745 eff. 2-1-18.

Wis. Admin. Code § PI 9.02 Definitions {#sec-pi-9.02 omnilex-key=us-wi-regs-official--agency-pi--PI 9.02}

In this chapter:

(1) “Bias” means an inclination for or against a person or group of persons based, in whole or in part, on sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability, that inhibits impartial or objective judgment affecting pupils.

(2) “Board” means the school board in charge of the public schools of a district.

(3) “Curricular program or activity” means a particular course or courses of study within the scope of the curriculum.

(4) “Department” means the Wisconsin department of public instruction.

(5) “Discrimination” means any action, policy or practice, including bias, stereotyping and pupil harassment, which is detrimental to a person or group of persons and differentiates or distinguishes among persons, or which limits or denies a person or group of persons opportunities, privileges, roles or rewards based, in whole or in part, on sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability, or which perpetuates the effects of past discrimination.

(6) “Extracurricular program or activity” means an activity not falling within the scope of the curriculum and includes all organized pupils’ activities which are approved or sponsored by the school board whether on or off school property.

(7) “National origin” includes pupils whose dominant language is other than English.

(8) “Pregnancy” includes any pregnancy related condition.

(9) “Pupil harassment” means behavior towards pupils based, in whole or in part, on sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability which substantially interferes with a pupil’s school performance or creates an intimidating, hostile or offensive school environment.

(10) “Pupil services” means a program of pupil support services and activities including counseling, health and nursing, psychological and social work services.

(11) “Recreational program or activity” means any leisure time activity for school age children approved or sponsored by the school board and includes city recreational programs which are administered by a school board.

(12) “Sexual orientation” has the meaning defined in s. 111.32 (13m), Stats.

(13) “State superintendent” means the superintendent of public instruction for the state of Wisconsin.

(14) “Stereotyping” means attributing behaviors, abilities, interests, values and roles to a person or group of persons on the basis, in whole or in part, of their sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.

History

Cr. Register, October, 1986, No. 370. eff. 11-1-86; CR 17-056: am. (1), (5), (9), (14) Register January 2018 No. 745 eff. 2-1-18; republished to correct an error in transcription in (9) Register July 2020 No. 775.

Wis. Admin. Code § PI 9.03 Policies {#sec-pi-9.03 omnilex-key=us-wi-regs-official--agency-pi--PI 9.03}

(1) Each board shall develop policies prohibiting discrimination against pupils. The policies shall include the following areas:

(a) Admission to any school, class, program or activity. This does not prohibit placing a pupil in a school, class, program or activity based on objective standards of individual performance or need.

(b) Standards and rules of behavior, including pupil harassment.

(d) Acceptance and administration of gifts, bequests, scholarships and other aids, benefits, or services to pupils from private agencies, organizations or persons.

(e) An instructional and library media materials selection policy consistent with s. 121.02 (1) (h), Stats., and s. PI 8.01 (2) (h).

(f) Methods, practices and materials used for testing, evaluating and counseling pupils. This does not prohibit the use of special testing or counseling materials or techniques to meet the individual needs of pupils.

(g) Facilities. This does not prohibit separate locker rooms, showers and toilets for males and females, but the separate facilities must be comparable.

(h) Opportunity for participation in athletic programs or activities. This does not prohibit separate programs in interscholastic athletics for males and females, but the programs shall be comparable in type, scope and support from the school district.

(i) School sponsored food service programs under 42 USC 1751 et. seq.

(2) Existing board policies which meet the requirements of this chapter, including those adopted by the board in compliance with federal statutes such as Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973, may be incorporated into the policies required under this chapter. These policies shall be included in those presented for public hearing and commentary under sub. (3).

(3) The policies shall be adopted by the board following a public hearing or an opportunity for public commentary at a board meeting.

History

Cr. Register, October, 1986, No. 370. eff. 11-1-86.

Wis. Admin. Code § PI 9.04 Complaint procedure {#sec-pi-9.04 omnilex-key=us-wi-regs-official--agency-pi--PI 9.04}

Each board shall:

(1) Designate an employee of the school district to receive complaints regarding discrimination under s. 118.13, Stats., and this chapter.

(2) Establish a procedure for receiving and resolving complaints from residents of the school district or aggrieved persons under s. 118.13, Stats., and this chapter, including a provision for written acknowledgement within 45 days of receipt of a written complaint and a determination of the complaint within 90 days of receipt of the written complaint unless the parties agree to an extension of time, except that appeals under 20 USC 1415 and ch. 115, Stats., relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education of a child with an exceptional educational need shall be resolved through the procedures authorized by ch. 115, subch. V, Stats.

(3) Notify a complainant of the right to appeal a negative determination by the school board to the state superintendent and of the procedures for making the appeal.

History

Cr. Register, October, 1986, No. 370. eff. 11-1-86; CR 17-056: cons. and renum. (2) (intro.) and (a) to (2) and am., r. (2) (b) Register January 2018 No. 745 eff. 2-1-18.

Wis. Admin. Code § PI 9.05 Public notice {#sec-pi-9.05 omnilex-key=us-wi-regs-official--agency-pi--PI 9.05}

Each board shall:

(1) Annually provide public notice of board policies on pupil nondiscrimination including the name and address of the designated employee under s. PI 9.04 (1) and the complaint procedure under s. PI 9.04 (2). The notice shall be a class 1 legal notice under ch. 985, Stats.

(2) Include a pupil nondiscrimination statement on pupil and staff handbooks, course selection handbooks and other published materials distributed to the public describing school activities and opportunities.

(3) Include the complaint procedure in pupil and staff handbooks.

History

Cr. Register, October, 1986, No. 370. eff. 11-1-86.

Wis. Admin. Code § PI 9.06 Evaluation {#sec-pi-9.06 omnilex-key=us-wi-regs-official--agency-pi--PI 9.06}

(1) In order to provide the information necessary for the state superintendent to report on the compliance with s. 118.13, Stats., as required under s. 118.13 (3) (a) 3., Stats., each board shall evaluate the status of nondiscrimination and equality of educational opportunity in the school district at least once every 5 years on a schedule established by the state superintendent. The evaluation shall include the following:

(a) School board policies and administrative procedures.

(b) Enrollment trends in classes and programs.

(d) Trends and patterns of disciplinary actions, including suspensions, expulsions, and handling of pupil harassment.

(e) Participation trends and patterns and school district support of athletic, extracurricular and recreational activities.

(f) Trends and patterns in awarding scholarships and other forms of recognition and achievement provided or administered by the school district.

(g) School district efforts to achieve equality of educational opportunity and nondiscrimination.

(h) School district technology, including electronic communications by school district staff.

(2) The board shall provide an opportunity for participation in the evaluation by pupils, teachers, administrators, parents and residents of the school district.

(3) The board shall prepare a written report of the evaluation which shall be available for examination by residents of the school district.

History

Cr. Register, October, 1986, No. 370. eff. 11-1-86; CR 17-056: cr. (1) (h) Register January 2018 No. 745 eff. 2-1-18.

Wis. Admin. Code § PI 9.07 Reporting {#sec-pi-9.07 omnilex-key=us-wi-regs-official--agency-pi--PI 9.07}

Each board shall submit the following to the department:

(1) Copies of policies and procedures under s. 118.13 (2) (a), Stats., and ss. PI 9.03 and 9.04, and notices under s. PI 9.05, upon request of the state superintendent.

(2) An annual compliance report, including the name of the designated employee under s. PI 9.04 (1); and the number of complaints received during the year, a description of each complaint and its status.

(3) A copy of the written report of the evaluation conducted under s. PI 9.06.

Note: Form PI 1197, Compliance Report — Pupil Nondiscrimination, may be obtained from Department of Public Instruction, Division for Handicapped Children and Pupil Services, P.O. Box 7841, Madison, WI 53707.

History

Cr. Register, October, 1986, No. 370. eff. 11-1-86.

Wis. Admin. Code § PI 9.08 State superintendent {#sec-pi-9.08 omnilex-key=us-wi-regs-official--agency-pi--PI 9.08}

(1) The state superintendent shall:

(a) Decide appeals of board decisions made under s. 118.13 (2) (a), Stats., and this chapter as follows:

The complainant may appeal a negative determination of the board to the state superintendent within 30 days of the board’s decision.
The complainant may appeal directly to the state superintendent if the board has not complied with the provisions of s. PI 9.04 (2).
The state superintendent shall utilize the procedures under ch. PI 1 to resolve appeals under this subsection.
If the state superintendent finds that the board violated s. 118.13, Stats., or this chapter, the state superintendent shall issue an order to comply which includes a requirement that the board submit a corrective action plan, including a schedule, within 30 days of the board’s receipt of the order.
The state superintendent shall refer a complaint to the board for resolution if it has not been filed with the board or if the complaint is currently under consideration by the board under the complaint procedure required by s. PI 9.04.

(b) Include in the department’s biennial report under s. 15.04 (1) (d), Stats., information on the status of school district compliance with s. 118.13, Stats., and school district progress toward providing reasonable equality of educational opportunity and nondiscrimination for all pupils in Wisconsin.

(2) The state superintendent may:

(a) Provide technical assistance to school districts.

(b) Review the policies established by the board under ss. PI 9.03 and 9.04.

(c) Review school district programs, activities and services to determine whether boards are complying with this chapter and with s. 118.13, Stats. The department may review school districts on a schedule which corresponds with the audit of compliance with school district standards under s. 121.02 (2), Stats. The scheduling of reviews does not prohibit the state superintendent from conducting an inquiry into compliance with this chapter upon receipt of a complaint.

History

Cr. Register, October, 1986, No. 370. eff. 11-1-86.

Chapter PI 11 CHILDREN WITH DISABILITIES

Wis. Admin. Code § PI 11.02 Definitions {#sec-pi-11.02 omnilex-key=us-wi-regs-official--agency-pi--PI 11.02}

In this chapter:

(1) “Adequate fidelity” means the intervention has been applied in a manner highly consistent with its design, and was provided to the pupil at least 80 percent of the recommended number of weeks, sessions, and minutes per session.

(1m) “Child” has the meaning defined under s. 115.76 (3), Stats.

(2) “Child with a disability” has the meaning defined under s. 115.76 (5), Stats.

(3) “Department” means the Wisconsin department of public instruction.

(4) “Division” means the division for learning support, which is established under s. 15.373 (1), Stats., and which has the authority granted under s. 115.77, Stats.

(4e) “Evidence-based interventions” means scientific, research-based interventions with substantial evidence of their effectiveness through multiple outcome evaluations.

(5) “Hearing officer” has the meaning defined under s. 115.76 (8), Stats.

(5m) “IDEA” means the individuals with disabilities education act under 20 USC 1400 et. seq.

(6) “Individualized education program” or “IEP” has the meaning defined under s. 115.76 (9), Stats.

(6m) “Intensive interventions” means interventions used with individual or small groups of pupils, focusing on single or small numbers of discrete skills, with substantial numbers of instructional minutes in addition to those provided to all pupils.

(6t) “Intervention” means the systematic use of a technique, program or practice designed to improve learning or performance in specific areas of pupil need.

(7) “Local education agency” or “LEA” has the meaning defined under s. 115.76 (10), Stats.

(8) “Parent” has the meaning defined under s. 115.76 (12), Stats.

(9) “Probes” mean brief, direct measures of specific academic skills, with multiple equal or nearly equal forms, that are sensitive to small changes in pupil performance, and that provide reliable and valid measures of pupil performance during interventions.

(10) “Progress monitoring” means a scientifically-based practice to assess pupil response to interventions.

(11) “Rate of progress” during an intervention means the slope of the trend line using least squares regression on the baseline and all subsequent data points during each intervention.

(12) “Scientific, research-based” has the meaning under section 20 U.S.C. 7801 (37).

History

Cr. Register, December, 1975, No. 240, eff. 1-1-76; am. (1) (b) 5., Register, February, 1983, No. 326, eff. 3-1-83; am. (2) (c), Register, September, 1986, No. 369, eff. 10-1-86; r. and recr. (1) to (6), (8), (9), (11) to (17), (21), (22), (24), (25), (28) to (32), (34), (35), (38), (41), (42), (50) and (51) renum. from PI 11.01 (2) (f) and am., Register, May, 1990, No. 413, eff. 6-1-90; am. (45), cr. (1m), (1s) and (52m), Register, July, 1993, No. 451, eff. 8-1-93; emerg. am. (24), (25), r. (46), eff. 6-25-96, am. (23) (b), (24), (25), cr. (23) (h) to (k), r. (46), Register, January, 1997, No. 493, eff. 2-1-97; r. and recr. Register, September, 1998, No. 513, eff. 10-1-98; cr. (5m), Register, May, 2000, No. 533, eff. 6-1-00; CR 10-002: renum. (1) to be (1m), cr. (1), (4e), (6m), (6t), (9), (10), (11), and (12) Register November 2010 No. 659, eff. 12-1-10; CR 19-069: am. (4) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 11.07 Transfer pupils {#sec-pi-11.07 omnilex-key=us-wi-regs-official--agency-pi--PI 11.07}

(1) Definitions. In this section “transfer pupil with a disability” means a child with a disability under the IDEA whose residence has changed from an LEA in this state to another LEA in this state or from a public agency in another state to an LEA in this state.

(2) Transfer pupils with disabilities in Wisconsin.

(a) The purpose of this subsection is to ensure that there is no interruption of special education and related services when a child with a disability transfers from one LEA in this state to another LEA in this state.

(c) The receiving LEA shall adopt the IEP of the sending LEA or develop a new IEP. The receiving LEA may not adopt the evaluation and eligibility determination or the IEP of the sending LEA if the evaluation and eligibility determination or the IEP do not meet state and federal requirements.

(d) When an LEA receives a transfer pupil with a disability and the LEA does not receive the pupil’s records from the sending LEA, the LEA shall request in writing the pupil’s records from the sending LEA. The sending LEA shall transfer the pupil’s records to the receiving LEA within the next working day of receipt of the written notice as required under s. 118.125 (4), Stats.

(3) Transfer pupils with disabilities from outside Wisconsin.

(a) The purpose of this subsection is to permit an LEA to adopt the most recent evaluation and eligibility determination and IEP of a transfer pupil with a disability from a public agency in another state.

(c) The LEA shall adopt the evaluation and the eligibility determination of the sending public agency or conduct a new evaluation and eligibility determination of the transfer pupil. If the LEA decides not to adopt the evaluation and eligibility determination of the sending public agency, the LEA shall initiate a special education referral of the child. The LEA shall complete the evaluation and develop an IEP and the placement in accordance with the requirements of subch. V of ch. 115, Stats., within 60 days of the date the child enrolls in the LEA. The LEA shall adopt the IEP of the sending public agency or develop a new IEP.

(d) The receiving LEA may not adopt the evaluation and eligibility determination or the IEP of the sending public agency if the evaluation and eligibility determination or the IEP do not meet state and federal requirements.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90; r. and recr. Register, December, 1995, No. 480, eff. 1-1-96; corrections in (1) made under s. 13.93 (2m) (b) 6., Stats., Register, April, 1998, No. 508; r. and recr. Register, May, 2000, No. 533, eff. 6-1-00; CR 19-069: r. (2) (b), am. (2) (c), (d), r. (3) (b), am. (3) (c) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 11.12 Hearing officers {#sec-pi-11.12 omnilex-key=us-wi-regs-official--agency-pi--PI 11.12}

(1) Impartiality. No person may be appointed as a hearing officer to conduct a hearing under s. 115.80, Stats., if that person meets any of the following criteria:

(a) Is an employee of the department or a public agency that is involved in the education or care of the child who is the subject of the hearing. A person who otherwise qualifies to conduct a hearing under this paragraph is not an employee of the department solely because that person is paid by the department to serve as a hearing officer.

(b) Is an employee of or under contract to a local education agency as defined in s. 115.76 (10), Stats., a cooperative educational service agency created in ch. 116, Stats., or a county children with disabilities education board as defined in s. 115.817, Stats.

(2) Hearing officers; appointment.

(a) The division shall maintain a list of persons who are available for appointment as hearing officers. The list shall include a statement of the qualifications of each of those persons. The division may not put a person’s name on the list unless that person meets both of the following:

The person is an attorney licensed to practice law in Wisconsin.
The person has completed the hearing officer training approved by the division as described in par. (b).

(b) Before a person’s name may initially be put on the list in par. (a), the person shall attend an initial training program approved by the division. Annually thereafter each person shall attend a refresher course approved by the division. The division may charge fees of persons attending the training courses.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90; emerg. r. and recr., eff. 6-25-96; r. and recr., Register, January, 1997, No. 493, eff. 2-1-97; r. and recr. Register, September, 1998, No. 513, eff. 10-1-98; CR 26-006: am. (1) (a), (c), (2) (a) (intro.), (b) Register July 2026 No. 847, eff. 8-1-26.

(1) Legislative intent. Subchapter V of ch. 115, Stats., gives an LEA the authority to establish physical therapy and occupational therapy services.

(2) IEP team. If a child is suspected to need occupational therapy or physical therapy or both, the IEP team for that child shall include an appropriate therapist.

(7) Physical therapists’ licensure and service requirements.

(a) Licensure. A school physical therapist shall be licensed by the department under s. PI 34.093.

(b) Caseload.

Except as specified under subds. 2. and 3., the caseload for a full-time school physical therapist employed for a full day, 5 days a week, shall be as follows:

a. A minimum of 15 children.

b. A maximum of 30 children.

c. A maximum of 45 children with one or more school physical therapist assistants.

The caseload for a part-time school physical therapist may be pro-rated based on the specifications under subd. 1.
A caseload may vary from the specifications under subd. 1. or 2., if approved in the LEA’s plan under s. 115.77 (4), Stats. The following shall be considered in determining whether the variance may be approved:

a. Frequency and duration of physical therapy as specified in the child’s IEP.

b. Travel time.

c. Number of evaluations.

d. Preparation time.

e. Student related activities.

(c) Medical information. The school physical therapist shall have medical information from a licensed physician regarding a child before the child receives physical therapy.

(d) Delegation and supervision of physical therapy.

The school physical therapist may delegate to a school physical therapist assistant only those portions of a child’s physical therapy which are consistent with the school physical therapist assistant’s education, training and experience.
The school physical therapist shall supervise the physical therapy provided by a school physical therapist assistant. The school physical therapist shall develop a written policy and procedure for written and oral communication to the physical therapist assistant. The policy and procedure shall include a specific description of the supervisory activities undertaken for the school physical therapist assistant which shall include either of the following levels of supervision:

a. The school physical therapist shall have daily, direct contact on the premises with the school physical therapist assistant.

b. The school physical therapist shall have direct, face-to-face contact with the school physical therapist assistant at least once every 14 calendar days. Between direct contacts, the physical therapist shall be available by telecommunication. The school physical therapist providing general supervision under this subdivision shall provide an on-site reevaluation of each child’s physical therapy a minimum of one time per calendar month or every tenth day of physical therapy, whichever is sooner, and adjust the physical therapy as appropriate.

A full-time school physical therapist may supervise no more than 2 full-time equivalent physical therapist assistant positions which may include no more than 3 physical therapist assistants.
Notwithstanding the provisions under this paragraph, the act undertaken by a school physical therapist assistant shall be considered the act of the supervising physical therapist who has delegated the act.

(e) Responsibility of school physical therapist. A school physical therapist under this subsection shall conduct all physical therapy evaluations and reevaluations of a child, participate in the development of the child’s IEP, and develop physical therapy treatment plans for the child. A school physical therapist may not be represented by a school physical therapist assistant on an IEP team.

(8) School physical therapist assistants’ qualifications and supervision of physical therapy.

(a) Licensure. A school physical therapist assistant shall be licensed by the department under s. PI 34.094.

(b) Supervision. The school physical therapist assistant providing physical therapy to a child under this section, shall be supervised by a school physical therapist as specified under sub. (7) (d).

(9) Occupational therapists’ licensure and service requirements.

(a) Licensure. The school occupational therapist shall be licensed by the department under s. PI 34.091.

(b) Caseload.

Except as specified under subds. 2. and 3., the caseload for a full-time school occupational therapist employed for a full day, 5 days a week, shall be as follows:

a. A minimum of 15 children.

b. A maximum of 30 children.

c. A maximum of 45 children with one or more occupational therapy assistants.

The caseload for a part-time school occupational therapist may be pro-rated based on the specifications under subd. 1.
A caseload may vary from the specifications under subd. 1. or 2., if approved in the LEA’s plan under s. 115.77 (4), Stats. The following shall be considered in determining whether the variance may be approved:

a. Frequency and duration of occupational therapy as specified in the child’s IEP.

b. Travel time.

c. Number of evaluations.

d. Preparation time.

e. Student related activities.

(c) Medical information. The school occupational therapist shall have medical information regarding a child before the child receives occupational therapy.

(d) Delegation and supervision of occupational therapy.

The school occupational therapist may delegate to a school occupational therapy assistant only those portions of a child’s occupational therapy which are consistent with the school occupational therapy assistant’s education, training and experience.
The school occupational therapist shall supervise the occupational therapy provided by a school occupational therapy assistant. The school occupational therapist shall develop a written policy and procedure for written and oral communication to the occupational therapist assistant. The policy and procedure shall include a specific description of the supervisory activities undertaken for the school occupational therapist assistant which shall include either of the following levels of supervision:

a. The school occupational therapist shall have daily, direct contact on the premises with the school occupational therapy assistant.

b. The school occupational therapist shall have direct, face-to-face contact with the school occupational therapy assistant at least once every 14 calendar days. Between direct contacts, the occupational therapist shall be available by telecommunication. The school occupational therapist providing general supervision under this subdivision shall provide an on-site reevaluation of each child’s occupational therapy a minimum of one time per calendar month or every tenth day of occupational therapy, whichever is sooner, and adjust the occupational therapy as appropriate.

A full-time school occupational therapist may supervise no more than 2 full-time equivalent occupational therapy assistant positions which may include no more than 3 occupational therapy assistants.
Notwithstanding the provisions under this paragraph, the act undertaken by a school occupational therapy assistant shall be considered the act of the supervising occupational therapist who has delegated the act.

(e) Responsibility of school occupational therapist. A school occupational therapist under this subsection shall conduct all occupational therapy evaluations and reevaluations of a child, participate in the development of the child’s IEP, and develop occupational therapy treatment plans for the child. A school occupational therapist may not be represented by a school occupational therapy assistant on an IEP team.

(10) School occupational therapy assistants’ qualifications and supervision.

(a) Licensure. A school occupational therapy assistant shall be licensed by the department under s. PI 34.092.

(b) Supervision. The school occupational therapy assistant providing occupational therapy to a child under this section shall be supervised by a school occupational therapist as specified under sub. (9) (d).

History

Cr. Register, December, 1975, No. 240, eff. 1-1-76; am. (7) (b) 1 and (8) (b) 1, Register, February, 1976, No. 242, eff. 3-1-76; am. (7) (b) 4 and (8) (b) 2, Register, November, 1976, No. 251, eff. 12-1-76; am. (1) and (8) (b) 4., Register, February, 1983, No. 326, eff. 3-1-83; r. (11) (b) and (c), renum. (11) (a) to be (11), Register, September, 1986, No. 369, eff. 10-1-86; renum. from PI 11.19, Register, May, 1990, No. 413, eff. 6-1-90; am (7) (b) 4., Register, October, 1990, No. 418, eff. 11-1-90; am. (7) (a) and (8) (a), Register, March, 1992, No. 435, eff. 4-1-92; am. (1), (2) (intro.) and (3) (intro.), r. (2) (a) to (d), (3) (a), (b) and (11), r. and recr. (4) to (10), Register, July, 1993, No. 451, eff. 8-1-93; correction in (10) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1998, No. 508; r. (1) to (6), cr. (1) and (2), am. (7) (b) 1. (intro.), 3. (intro.), (e), (9) (b) 1. (intro.), 3. (intro.), (e) and (10) (b), Register, September, 1998, No. 513, eff. 10-1-98; am. (9) (c), Register, May, 2000, No. 533, eff. 6-1-00; corrections in (7) (a), (8) (a), (9) (a), and (10) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 16-027: am. (1) Register July 2016 No. 727, eff. 8-1-16; correction in (7) (a), (8) (a), (9) (a), (10) (a), made under s. 13.92 (4) (b) 7., Stats., Register June 2019 No. 762.

Wis. Admin. Code § PI 11.35 Determination of eligibility {#sec-pi-11.35 omnilex-key=us-wi-regs-official--agency-pi--PI 11.35}

As part of an evaluation or reevaluation under s. 115.782, Stats., conducted by the IEP team in determining whether a child is or continues to be a child with a disability, the IEP team shall identify modifications, if any, that can be made in the regular education program, such as adaptation of content, methodology or delivery of instruction to meet the child’s needs identified under s. 115.782 (2) (b) 2., Stats., that will allow the child to access the general education curriculum and meet the educational standards that apply to all children.

History

Cr. Register, May, 1977, No. 257, eff. 6-1-77; am. (2) (intro.), Register, February, 1983, No. 326, eff. 3-1-83; r. (2) (c), renum. (2) (d) to (i) to be (2) (c) to (h), Register, September, 1986, No. 369, eff. 10-1-86; renum. from PI 11.34, Register, May, 1990, No. 413, eff. 6-1-90; r. and recr. (2) (b), cr. (2) (i) to (k), Register, April, 1995, No. 472, eff. 5-1-95; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, March, 1996, No. 483; emerg. cr. (2) (L), eff. 6-25-96; cr. (2) (L), Register, January, 1997, No. 493, eff. 2-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2000, No. 533; r. (1m), (2) (intro.), (a), (ad), (c) to (h), renum. (2) (b) to be PI 11.36 (2) and (2) (i) to (L) to be PI 11.36 (8) to (11), cr. (2) and (3), Register, December, 2000, No. 540, eff. 7-1-01; CR 19-069: r. and recr. Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 11.36 Areas of impairment {#sec-pi-11.36 omnilex-key=us-wi-regs-official--agency-pi--PI 11.36}

All provisions in these rules shall be construed consistent with 20 USC 1400 et. seq. and the regulations promulgated thereunder.

(1) Intellectual disability.

(a) In this subsection, intellectual disability means significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social, and practical adaptive skills and manifested during the developmental period that adversely affects the child’s educational performance.

(b) The IEP team may identify a child as having an intellectual disability if the child meets the criteria under subds. 1., 2., and 3. a. or b. as follows:

The child has a standard score of 2 or more standard deviations below the mean on an individually administered intelligence test which takes into account the child’s mode of communication and is developed to assess intellectual functioning using this mode. More than one intelligence test may be used to produce a comprehensive result.
The child has significant limitations in adaptive behavior that are demonstrated by a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments that include interviews of the parents, tests, and observations of the child in adaptive behavior which are relevant to the child’s age, including at least one of the following:

am. Conceptual skills.

bm. Social adaptive skills.

cm. Practical adaptive skills.

dm. An overall composite score on a standardized measure of conceptual, social, and practical skills.

a. Except as provided in subd. 3. c., the child is age 3 through 5 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in the following areas: language development and communication, cognition and general knowledge.

b. Except as provided in subd. 3. c., the child is age 6 through 21 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in the following areas: written language, reading, and mathematics.

c. When it is determined that reliable and valid assessment results under subd. 3. a. or b. are not possible due to the child’s functioning level or age, a standardized developmental scale or a body of evidence including informal measures shall be used to assess the child.

Upon re-evaluation, a child who met identification criteria for cognitive disability prior to September 1, 2015, and continues to demonstrate a need for special education under s. PI 11.35, including specially designed instruction, is a child with a disability under this section.

(2) Orthopedic impairment.

(a) Orthopedic impairment means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes, but is not limited to, impairments caused by congenital anomaly, such as a clubfoot or absence of some member; impairments caused by disease, such as poliomyelitis or bone tuberculosis; and impairments from other causes, such as cerebral palsy, amputations, and fractures or burns that cause contractures.

(b) Upon re-evaluation, a child who met initial identification criteria and continues to demonstrate a need for special education under s. PI 11.35, including specially designed instruction, is a child with a disability under this subsection.

(3) Blind and visually impaired.

(a) Blind and visually impaired means even after correction a child’s visual functioning adversely affects educational performance. The IEP team may identify a child as blind and visually impaired after all of the following events occur:

A teacher of the blind and visually impaired licensed under s. PI 34.051 conducts a functional vision evaluation which includes a review of medical information from an ophthalmologist or optometrist, formal and informal tests of visual functioning, and a determination of the implications of the blindness or visual impairment on the educational and curricular needs of the child.
An orientation and mobility specialist licensed under s. PI 34.089 evaluates the child to determine if there are related orientation and mobility needs in home, school, or community environments. A child may meet the criteria under this subdivision even if the child does not have orientation and mobility needs.

(4) Deaf and hard of hearing.

(a) Deaf and hard of hearing means a decreased ability to detect sound in one or both ears with or without amplification, whether permanent or chronically fluctuating, which adversely affects a child’s educational performance. This includes academic performance, speech perception, speech production, or communication including language acquisition or expression. A current evaluation by an audiologist licensed under ch. 459, Stats., shall be one of the components for an initial evaluation of a child with suspected hearing loss. A teacher of the deaf or hard of hearing licensed under s. PI 34.050 must be a member of the IEP team when determining eligibility.

(4m) Deafblind.

(a) Deafblind means concomitantly deaf or hard of hearing and blind or visually impaired, the combination of which causes severe communication and other developmental and educational needs such that the individual disability-related needs of the student extend beyond the instruction and supports required for a student who is solely deaf or hard of hearing or blind or visually impaired.

(5) Speech or language impairment.

(a) In this subsection:

“Home languages” mean the languages used by the child or the parent of the child in the child or parent’s natural environment, or the modes of communication that are used by the child or the parent of the child in the child or parent’s natural environment, and may include languages other than English, sign language, braille, or augmentative and alternative communication.
“Natural environment” means settings that are natural or typical for a same-aged child without a disability and may include school, home, or community.
“Significant discrepancy” means performance on a norm-referenced assessment that meets the cutoff score for a speech or language disorder and is significantly below age- or grade-level expectations relative to a normative sample, often reported as a percentile or standard score.
“Speech or language impairment” means an impairment of speech or sound production, voice, fluency, or language that adversely affects educational performance or social, emotional or vocational development.

(am) Assessments and other evaluation materials used to conduct a comprehensive evaluation of a child’s speech and language development shall be provided and administered in the child’s home languages. Assessments and other evaluation materials shall be in the form most likely to yield accurate information unless it is not feasible to do so, and shall describe the child’s speech and language abilities and how those abilities impact the child’s progress in the general education environment relative to the speech and language demands of the classroom and curriculum. Interpretation of assessments shall be based on the representativeness of the normative sample and the psychometric properties of the assessment.

(b) The IEP team may identify a child as having a speech or language impairment if the child meets the definition under par. (a) and meets any of the following criteria:

Following consideration of the child’s age, culture, language background, and dialect, the child meets all of the following conditions for a speech sound disorder:

a. The child’s speech sound production is documented to be delayed, as evidenced through at least one observation in a natural environment.

b. The child’s speech sound production is documented to be delayed, as measured by a criterion-referenced assessment, such as a developmental scale or a phonetic inventory, or significant discrepancy in performance from typical on a norm-referenced assessment.

c. The child’s intelligibility is below the expected range and not due to influences of home languages or dialect. Intelligibility ratings as documented by school staff or caregivers indicate an impact across environments.

d. Speech sound production is less than 30% stimulable for incorrect sounds.

Following consideration of the child’s age, culture, language background, or dialect, the child demonstrates the characteristics of a phonological disorder, which include both of the following:

a. The child’s intelligibility is below the expected range and not due to influences of home languages or dialect. Intelligibility ratings as documented by school staff or caregivers indicate an impact across environments.

b. The child’s phonological process use is documented to be non-developmental or outside of the expected developmental range, as evidenced through at least one observation in a natural environment, and by measurement of either the presence of one or more phonological processes occurring at least 40%, significant discrepancy in performance from typical on a norm-referenced assessment, or both.

The child’s voice is impaired in the absence of an acute, respiratory virus or infection and not due to temporary physical factors such as allergies, short term vocal abuse, or puberty. Following consideration of the child’s age, culture, language background, or dialect, the child demonstrates characteristics of a voice impairment, which include any of the following:

a. The child’s vocal volume, including loudness.

b. The child’s vocal pitch, including range, inflection, or appropriateness.

c. The child’s vocal quality, including breathiness, hoarseness, or harshness.

d. The child’s vocal resonance, including hypernasality.

The child exhibits characteristics of a fluency disorder, following consideration of the child’s age, language background, culture, and dialect. The evaluation shall include a variety of measures, including case history, observation in natural environment, norm-referenced assessment or disfluency analysis, and result in evidence of atypical fluency. The presence of one or more of the following characteristics shall indicate a fluency disorder:

a. Speech disfluencies associated with stuttering or atypical disfluency, which include repetitions of phrases, words, syllables, and sounds or dysrhythmic phonations such as prolongations of sounds or blockages of airflow typically in excess of 2% of total syllables, one second of duration, and two or more iterations in a repetition. Non-verbal physical movements, such as eye blinking or head jerking, may accompany the stuttering. Negative feelings about oral communication may be significant enough to result in avoidance behaviors in an attempt to hide or diminish stuttering.

b. A speech rate that is documented to be rapid, irregular, or both and may be accompanied by sound or syllable omissions, sequencing errors, or a high number of non-stuttering speech disfluencies such as interjections, phrase and whole word repetitions, and revisions. The resulting speech fluency pattern is considered to be significantly disruptive to efficient communication. Negative feelings and attitudes about oral communication may or may not be present under this disfluency profile.

Following consideration of the child’s age, culture, language background, or dialect, the child demonstrates a language impairment in the area of language form, content or use, as evidenced through an observation in a natural environment and by measurement of at least two of the following:

a. Language sample analysis.

b. Dynamic assessment.

c. Developmental scales or another criterion-referenced assessment.

d. Significant discrepancy from typical language skills on a norm-referenced assessment of comprehensive language.

(c) The IEP team may not identify a child as a child with speech or language impairment when differences in speech or language are based on home languages, culture, or dialect unless the child has a speech or language impairment within the child’s home languages, culture, or dialect. In determining whether the child has a speech or language impairment, the IEP team shall consider all of the following:

The child’s background knowledge, stage of language acquisition, experience with narratives, and exposure to vocabulary to discern speech or language ability from speech or language difference, such as differences due to lack of exposure, stage of language acquisition, cultural or behavioral expectations.
Based on information and data collected, the IEP team must determine whether the child’s speech or language skills are a result of a speech or language impairment or a difference due to culture, language background, or dialect.

(d) In addition to the evaluations under pars. (am) to (c), the IEP team shall evaluate a child’s language by assessing the child’s augmentative and alternative communication skills, when appropriate to determine the child’s needs.

(e) An IEP team shall include the following:

A speech-language pathologist licensed under ch. PI 34 who shall incorporate information from the most recent assessment to assist the IEP team in documenting whether the child meets the criteria for a speech or language impairment as well as identifying the child’s speech or language needs.
An educator with foundational knowledge in first and second language instruction and second language acquisition if the child is identified as an English Learner under 20 USC 7801 (20).

(f) Upon re-evaluation, a child who met initial identification criteria and continues to demonstrate a need for special education under s. PI 11.35, including specially designed instruction, is a child with a disability under this section.

(6) Specific learning disability.

(a) Specific learning disability, pursuant to s. 115.76 (5) (a) 10., Stats., means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, motor disabilities, cognitive disabilities, emotional disturbance, cultural factors, environmental, or economic disadvantage.

(b) The LEA shall promptly request parental consent to evaluate a child to determine if the child needs special education and related services if, prior to referral, the child has not made adequate progress after an appropriate period of time when provided appropriate instruction in general education settings, delivered by qualified personnel, or whenever the child is referred for an evaluation. The LEA shall meet the timeframes under s. 115.78 (3) (a), Stats., unless extended by mutual written agreement of the child’s parents and IEP team.

‘Inadequate classroom achievement.’ Upon initial identification the child does not achieve adequately for the child’s age, or meet state-approved grade-level standards in one or more of the following eight areas of potential specific learning disabilities when provided with learning experiences and instruction appropriate for the child's age: oral expression, listening comprehension, written expression, basic reading skill, reading fluency skills, reading comprehension, mathematics calculation, and mathematics problem solving. A child’s achievement is inadequate when the child’s score, after intensive intervention, on one or more assessments of achievement is equal to or more than 1.25 standard deviations below the mean in one or more of the eight areas of potential specific learning disabilities. Assessments used under this subdivision shall be individually administered, norm-referenced, valid, reliable, and diagnostic of impairment in the area of potential specific learning disabilities. The 1.25 standard deviation requirement under this subdivision may not be used if the IEP team determines that the child cannot attain valid and reliable standard scores for academic achievement because of the child’s test behavior, the child's language proficiency, an impairment of the child that interferes with the attainment of valid and reliable scores, or the absence of individually administered, norm-referenced, standardized, valid and reliable diagnostic assessments of achievement appropriate for the child’s age. If the IEP team makes such a determination, it shall document the reasons why it was not appropriate to consider standardized achievement testing, and shall document that inadequate classroom achievement exists in at least one of the eight areas of potential specific learning disabilities using other empirical evidence. The IEP team may consider scores within 1 standard error of the measurement of the 1.25 standard deviation criterion above to meet the inadequate classroom achievement criteria under this subdivision if the IEP team determines the child meets all other criteria.
‘Insufficient progress.’ Upon evaluation, the child has made insufficient progress in one of the following areas:

a. Insufficient response to intensive, scientific, research-based or evidence-based intervention. The child does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the eight areas of potential specific learning disabilities under subd. 1. when using a process based on the child’s response to intensive scientific, research-based or evidence-based interventions. Intensive interventions may be implemented prior to referral, or as part of an evaluation, for specific learning disability. The IEP team shall consider progress monitoring data from at least two intensive, scientific, research-based or evidence-based interventions, implemented with adequate fidelity and closely aligned to individual student learning needs. The median score of three probes is required to establish a stable baseline data point for progress monitoring. IEP teams shall use weekly or more frequent progress monitoring to evaluate rate of progress during intensive, scientific, research-based or evidence-based interventions. Rate of progress during intensive intervention is insufficient when any of the following are true: the rate of progress of the referred child is the same or less than that of the referred child’s same-age peers; the referred child’s rate of progress is greater than that of the referred child’s same-age peers but will not result in the referred child reaching the average range of the referred child’s same-age peer’s achievement for that area of potential disability in a reasonable period of time; or the referred child’s rate of progress is greater than that of the referred child’s same-age peers, but the intensity of the resources necessary to obtain this rate of progress cannot be maintained in general education. If an LEA uses insufficient response to intensive, scientific, research-based or evidence-based intervention under subd. 2. a. for any child being evaluated for specific learning disabilities enrolled in a school, the LEA shall use insufficient response to intensive, scientific, research-based or evidence-based intervention for all such evaluations of children enrolled in that school. At least 10 days in advance of beginning to use insufficient response to intensive, scientific, research-based or evidence-based intervention in a school, the LEA shall notify parents of all children enrolled in that school of the intent to use insufficient response to intensive, scientific, research-based or evidence-based intervention.

b. Significant discrepancy or insufficient progress in achievement as compared to measured ability. The method set out in this subd. 2. b. may be used only to evaluate a child attending a private school or participating in a home-based private educational program. A parent of a child attending a private school or participating in a home-based private educational program may request the IEP team to use the method set out in this subd. 2. b. Upon such request, the IEP team shall consider whether use of the method set out in this subd. 2. b. to evaluate the child is feasible. If the IEP team determines that it is not feasible to use the method set out in this subd. 2. b., the reason for that determination shall be provided to the parent in writing. The method set out in this subd. 2. b. shall not be used to evaluate a child attending a public school, including a public charter school. Upon initial evaluation the child exhibits a significant discrepancy between the child’s academic achievement in any of the eight areas of potential specific learning disabilities under subd. 1. and intellectual ability as documented by the child’s composite score on a multiple score instrument or the child’s score on a single score instrument. The IEP team may base a determination of significant discrepancy only upon the results of individually administered, norm-referenced, valid and reliable diagnostic assessment of achievement. A significant discrepancy means a difference between standard scores for ability and achievement equal to or greater than 1.75 standard errors of the estimate below expected achievement, using a standard regression procedure that accounts for the correlation between ability and achievement measures. This regression procedure shall be used except when the IEP team determines that the child cannot attain valid and reliable standard scores for intellectual ability or achievement because of the child’s test behavior, the child’s language, another impairment of the child that interferes with the attainment of valid and reliable scores or the absence of valid and reliable standardized, diagnostic tests appropriate for the child’s age. If the IEP team makes such a determination, it shall document the reasons why it was not appropriate to use the regression procedure and shall document that a significant discrepancy exists, including documentation of a variable pattern of achievement or ability, in at least one of the eight areas of potential specific learning disabilities under subd. 1. using other empirical evidence. If the discrepancy between the child’s ability and achievement approaches but does not reach the 1.75 standard error of the estimate cut-off for this subd. 2. b., the child’s performance in any of the eight areas of potential specific learning disabilities under subd. 1. is variable, and the IEP team determines that the child meets all other criteria under subd. 1., the IEP team may consider that a significant discrepancy exists.

Note: Appendix A includes a resource for manually calculating significant discrepancy scores.

(d)

The IEP team may not identify a child as having a specific learning disability if it determines that any of the following apply:

a. The IEP team’s findings under par. (c) are primarily due to environmental or economic disadvantage; cultural factors; or any of the reasons specified under s. 115.782 (3) (a), Stats., or any of the impairments under s. 115.76 (5), Stats., except s. 115.76 (5) (a) 10., Stats.

b. The IEP team’s findings under par. (c) were due to a lack of appropriate instruction in the area of potential specific learning disability in par. (c) 1.

The IEP team shall consider data demonstrating that prior to, or as a part of, an evaluation, the child was provided appropriate instruction in general education settings, delivered by qualified personnel. Appropriate instruction in reading shall include the essential components of reading instruction as defined in 20 USC 6368 (3).
In addition to the requirements for IEP team membership under s. 115.78, Stats., the IEP team for children being evaluated for specific learning disabilities shall include all of the following members:

a. At least one licensed person who is qualified to assess data on individual rate of progress using a psychometrically valid and reliable methodology. A psychometrically valid and reliable methodology relies on all data sources specified in par. (g)., analyzing progress monitoring data that exhibit adequate statistical accuracy for the purpose of identification of insufficient progress as compared to a national sample of same-age peers.

b. At least one licensed person who has implemented scientific, research-based or evidence-based, intensive interventions with the referred pupil.

c. At least one licensed person who is qualified to conduct individual diagnostic evaluations of children.

d. The child’s licensed general education teacher; or if the child does not have a licensed general education classroom teacher, a general education classroom teacher licensed to teach a child of the same age; or for a child of less than school age, an individual licensed to teach a child of the same age.

(e)

The LEA shall ensure that the child is systematically observed in the child’s learning environment, including the general classroom setting when possible, to document the child’s academic performance and behavior in any of the eight areas of potential specific learning disabilities under par. (c) 1.

a. The IEP team, in determining whether a child has a specific learning disability, shall use information from a systematic observation conducted by a member of the IEP team.

b. The systematic observation of routine classroom instruction and monitoring of the child’s performance in at least one of the eight areas of potential specific learning disabilities under par. (c) 1., may be conducted before the child was referred for evaluation, or the systematic observation of the child’s academic performance in at least one of the eight areas of potential specific learning disabilities under par. (c) 1., shall be conducted after the child has been referred for an evaluation and parental consent is obtained.

c. If the child is less than school age or out of school, at least one member of the IEP team shall conduct a systematic observation of the child in an environment appropriate for a child of that age.

d. If the child has participated in a process that assesses the child’s response to intensive scientific, research-based or evidence-based interventions, the IEP team shall use information from a systematic observation of pupil behavior and performance in the area or areas of potential specific learning disability during intensive intervention for that area, conducted by an individual who is not responsible for implementing the interventions with the referred pupil.

Each IEP team member shall certify in writing whether the evaluation report reflects the member’s conclusion. If it does not reflect the member’s conclusion, the group member shall submit a separate statement presenting the member’s conclusion.
A child determined to be eligible for special education and related services under this chapter remains eligible for special education and related services upon transfer to another school or LEA. The child continues to be eligible for special education and related services unless, upon re-evaluation, the child is no longer found eligible.

(f) For a child suspected of having a specific learning disability, the documentation of the determination of eligibility shall contain a statement including all of the following:

Whether the child has a specific learning disability.
The basis for making the determination, including an assurance that the determination has been made in accordance with s. 115.782, Stats.
The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child’s academic functioning in the area of potential learning disability in par. (c) 1.
Documentation that the intensive intervention was applied in a manner highly consistent with its design, was closely aligned to pupil need, and was culturally appropriate.
The educationally relevant medical findings, if any.
Whether the child does not achieve adequately for the child’s age or to meet state-approved grade-level standards consistent with par. (c) 1.; and the child does not make sufficient progress to meet age or state-approved grade-level standards consistent with par. (c) 2. a.; or until three years after December 1, 2010, the child exhibits a significant discrepancy between the child’s academic achievement in any of the eight areas of potential specific learning disabilities under par. (c) 1. and intellectual ability consistent with par. (c) 2. b.
The determination of the IEP team concerning the effects of a visual, hearing, or motor disability; cognitive disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child’s achievement level.
If the child has participated in a process that assesses the child’s response to scientific, research-based or evidence-based intervention, documentation that the child’s parents were notified about all of the following:

a. The progress monitoring data collected.

b. Strategies for increasing the child’s rate of learning including the intensive interventions used.

c. The parents’ right to request an evaluation.

(g) In addition to all other determinations, the IEP team shall base its decision of whether a child has a specific learning disability on a comprehensive evaluation using formal and informal assessment data regarding academic achievement and learning behavior from sources such as standardized tests, error analysis, criterion referenced measures, curriculum-based assessments, pupil work samples, interviews, systematic observations, analysis of the child’s response to previous interventions, and analysis of classroom expectations, and curriculum in accordance with s. 115.782, Stats.

(h) Upon re-evaluation, a child who met initial identification criteria and continues to demonstrate a need for special education under s. PI 11.35, including specially designed instruction, is a child with a disability under this section, unless the provisions under par. (d) 1. now apply. If a child with a specific learning disability performs to generally accepted expectations in the general education classroom without specially designed instruction, the IEP team shall determine whether the child is no longer a child with a disability.

(7) Emotional behavioral disability.

(a) Emotional behavioral disability, pursuant to s. 115.76 (5) (a) 5., Stats., means a condition in which a child demonstrates frequent and intense observable behaviors, either over a long period of time or of sudden onset due to an emerging mental health condition which includes a diagnosis by a licensed mental health professional, which adversely affects the child’s educational performance. The behaviors shall occur in an academic setting in school, in a non-academic setting in school and in the child’s home or community.

(b) The IEP team may identify a child as having an emotional behavioral disability under par. (a) if the child exhibits at least one of the following:

Behaviors that interfere with the development and maintenance of age and grade appropriate interpersonal relationships.
Observable affective or behavioral responses during routine daily activities inconsistent with the norms of the child or the child’s community.
Pervasive unhappiness, depression or anxiety.
Physical symptoms or fears associated with personal or school problems.
Insufficient progress toward meeting age or grade level academic standards that cannot be explained by intellectual, sensory, or health factors.
Isolation from peers or avoidance of social interactions impacting the child’s access and engagement in instructional activities.
Patterns of behaviors across settings and individuals presenting risks to the physical safety of the child or others.

The results of evidence-based positive behavioral interventions implemented within general education settings.
Systematic observations of the child in both academic and non-academic settings documenting intensity, frequency, rate or duration of observable target behaviors, as well as other ecological factors that may be impacting the child’s behavior.
Interviews of the child and parent or family that include gathering information regarding the child and family’s norms and values, as well as other ecological factors that may impact the child’s behavior.
Interviews of the child’s teachers that include gathering information regarding the child’s strengths and ecological factors that may impact the child’s behavior.
Interview of an LEA staff member, identified by the child when possible, as having the most positive or a positive relationship with the child, that includes gathering information regarding the child’s strengths and ecological factors that may impact the child’s behavior. This subdivision does not apply if the LEA staff member described in this subdivision has already been interviewed under subd. 4.
Review of educational information maintained by the LEA, including health, academic and disciplinary records.
Results of standardized behavior rating scales, which are normed using nationally representative samples, from a minimum of 2 sources from school and one source from the home or community. If only one source from the school is familiar enough with the student to obtain valid rating scale results, as defined by publisher recommendations for the individual rating scale, then that shall be documented in the evaluation report. Nationally normed behavior rating scales shall include, when available, normative data that reflects the child’s background. If the child’s background is not included in the normative data of a standardized rating scale used, the evaluation report shall include an explanation.

(d) The IEP team shall consider the effects of any known history of trauma or mental health disorder on the child’s functioning. The IEP team may not identify or refuse to identify a child as a child with an emotional behavioral disability based solely on a known history of trauma or mental health disorder.

(e) The IEP team shall discuss and determine, based on information and data collected in par. (c), whether behaviors are a result of a difference between the norms of the child’s family and community or an emotional behavioral disability. The IEP team may not identify a child as a child with an emotional behavioral disability when there is evidence that the difference is the primary causal factor of the behaviors.

(f) The IEP team for a child being evaluated for emotional behavioral disabilities may include the LEA staff member, identified by the child when possible, as having a positive or the most positive relationship with the child.

(8) Autism.

(a) Autism means a developmental disability significantly affecting a child’s social interaction and verbal and nonverbal communication, generally evident before age 3, that adversely affects learning and educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in sub. (7).

(b) The results of standardized or norm-referenced instruments used to evaluate and identify a child under this paragraph may not be reliable or valid. Therefore, alternative means of evaluation, such as criterion-referenced assessments, achievement assessments, observation, and work samples, shall be considered to identify a child under this paragraph. Augmentative communication strategies, such as facilitated communication, picture boards, or signing shall be considered when evaluating a child under this paragraph. To identify a child under this paragraph, the criteria under subds. 1. and 2. and one or more criteria under subds. 3. through 6. shall be met.

The child displays difficulties or differences or both in interacting with people and events. The child may be unable to establish and maintain reciprocal relationships with people. The child may seek consistency in environmental events to the point of exhibiting rigidity in routines.
The child displays problems which extend beyond speech and language to other aspects of social communication, both receptively and expressively. The child’s verbal language may be absent or, if present, lacks the usual communicative form which may involve deviance or delay or both. The child may have a speech or language disorder or both in addition to communication difficulties associated with autism.
The child exhibits delays, arrests, or regressions in motor, sensory, social or learning skills. The child may exhibit precocious or advanced skill development, while other skills may develop at normal or extremely depressed rates. The child may not follow normal developmental patterns in the acquisition of skills.
The child exhibits abnormalities in the thinking process and in generalizing. The child exhibits strengths in concrete thinking while difficulties are demonstrated in abstract thinking, awareness and judgment. Perseverant thinking and impaired ability to process symbolic information may be present.
The child exhibits unusual, inconsistent, repetitive or unconventional responses to sounds, sights, smells, tastes, touch or movement. The child may have a visual or hearing impairment or both in addition to sensory processing difficulties associated with autism.
The child displays marked distress over changes, insistence on following routines, and a persistent preoccupation with or attachment to objects. The child’s capacity to use objects in an age- appropriate or functional manner may be absent, arrested or delayed. The child may have difficulty displaying a range of interests or imaginative activities or both. The child may exhibit stereotyped body movements.

(9) Traumatic brain injury.

(a) Traumatic brain injury means an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; speech and language; memory; attention; reasoning; abstract thinking; communication; judgment; problem solving; sensory, perceptual and motor abilities; psychosocial behavior; physical functions; information processing; and executive functions, such as organizing, evaluating and carrying out goal-directed activities. The term does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.

(b) Children whose educational performance is adversely affected as a result of acquired injuries to the brain caused by internal occurrences, such as vascular accidents, infections, anoxia, tumors, metabolic disorders and the effects of toxic substances or degenerative conditions may meet the criteria of one of the other impairments under this section.

(c) The results of standardized and norm-referenced instruments used to evaluate and identify a child under this paragraph may not be reliable or valid. Therefore, alternative means of evaluation, such as criterion-referenced assessment, achievement assessment, observation, work samples, and neuropsychological assessment data, shall be considered to identify a child who exhibits total or partial functional disability or psychosocial impairment in one or more of the areas described under par. (a).

(d) Before a child may be identified under this subsection, available medical information from a licensed physician shall be considered.

(10) Other health impairment. Other health impairment means having limited strength, vitality or alertness, due to chronic or acute health problems. The term includes but is not limited to a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, diabetes, or acquired injuries to the brain caused by internal occurrences or degenerative conditions, which adversely affects a child’s educational performance.

(11) Significant developmental delay.

(a) Significant developmental delay means children, ages 3 through 9 years of age, who are experiencing significant delays in the areas of physical, cognition, communication, social-emotional, or adaptive development.

(b) All other suspected impairments under this section shall be considered before identifying a child’s primary impairment as significant developmental delay.

(c) A child may be identified as having significant developmental delay when delays in development significantly challenge the child in two or more of the following five major life activities:

Physical activity in gross motor skills, such as the ability to move around and interact with the environment with appropriate coordination, balance and strength; or fine motor skills, such as manually controlling and manipulating objects such as toys, drawing utensils, and other useful objects in the environment.
Cognitive activity, such as the ability to acquire, use and retrieve information as demonstrated by the level of imitation, discrimination, representation, classification, sequencing, and problem-solving skills often observed in a child’s play.
Communication activity in expressive language, such as the production of age-appropriate content, form and use of language; or receptive language, such as listening, receiving and understanding language.
Emotional activity such as the ability to feel and express emotions, and develop a positive sense of oneself; or social activity, such as interacting with people, developing friendships with peers, and sustaining bonds with family members and other significant adults.
Adaptive activity, such as caring for the child’s own needs and acquiring independence in age-appropriate eating, toileting, dressing and hygiene tasks.

(d) Documentation of significant developmental delays under par. (c) and their detrimental effect upon the child’s daily life shall be based upon qualitative and quantitative measures including all of the following:

A developmental and basic health history, including results from vision and hearing screenings and other pertinent information from parents and, if applicable, other caregivers or service providers.
Observation of the child in the child’s daily living environment such as the child’s home, with a parent or caregiver, or an early education or care setting which includes peers who are typically developing. If observation in these settings is not possible, observation in an alternative setting is permitted.
Results from norm-referenced instruments shall be used to document significant delays of at least one and one-half standard deviations below the mean in 2 or more of the developmental areas which correspond to the major life activities. If it is clearly not appropriate to use norm-referenced instruments, other instruments, such as criterion referenced measures, shall be used to document the significant delays.

(e) Upon re-evaluation, a child who met initial identification criteria and continues to demonstrate a need for special education under s. PI 11.35, including specially designed instruction, is a child with a disability under this subsection. In conducting the re-evaluation, the IEP team shall consider all other suspected impairments under this section before continuing to identify the child’s primary impairment as significant developmental delay.

Note: With respect to the eligibility criteria under s. PI 11.36, in September 1991 the U.S. department of education issued a memorandum clarifying state and local responsibilities for addressing the educational needs of children with attention deficit disorder (ADD). (See 18 IDELR 116) as a condition of receipt of federal funds under the Individuals with Disabilities Education Act (IDEA), the state and local school districts are bound to comply with the federal policy outlined in that memo. (See e.g. Metropolitan school district of Wayne Township, Marion County, Indiana v. Davila, 969 F. 2d 485 (7th cir. 1992)).

Pursuant to that federal policy memo, a child with ADD is neither automatically eligible nor ineligible for special education and related services under ch. 115, Stats. In considering eligibility, an IEP team must determine whether the child diagnosed with ADD has one or more impairments under this section and a need for special education. For example, pursuant to the federal policy memo, a child with ADD may be eligible for special education and related services under ch. 115, Stats., if the child meets the eligibility criteria for “other health impaired” or any other impairment enumerated in this section. In addition, 34 CFR 300.7 (c) (9) (i) now specifically lists ADD and attention deficit hyperactivity disorder among the health problems which may result in disability based on other health impairment. A copy of the federal policy may be obtained by writing the Special Education Team, Division for Learning Support: Equity and Advocacy, Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841.

History

Renum. (2) from PI 11.35 (2) (b) and (8) to (11) from PI 11.35 (2) (i) to (L) and am. as renum. (8) (a), (b), (9) (b), (c), (d), (11) (b), (c) (intro.) and (d) (intro.) and cr. (intro.) and (1), (3) to (7), Register, December, 2000, No. 540, eff. 7-1-01; CR 10-002: r. and recr. (6) Register November 2010 No. 659. eff. 12-1-10; EmR1507: emerg. am. (1) (title), (a), (b) (intro.), renum. (1) (b) 1. a. to be 1. and am., r. (1) (b) 1. b., am. (1) (b) 2. (intro.), r. (1) (b) 2. a. to j., cr. (1) (b) 2. am. to dm., am. (1) (b) 3. a., b., cr. (1) (b) 3. c. and 4., eff. 7-1-15; EmR1506: emerg. am. (11) (a), eff. 7-1-15; CR 15-018: am. (1) (title), (a), (b) (intro.), renum. (1) (b) 1. a. to be 1. and am., r. (1) (b) 1. b., am. (1) (b) 2. (intro.), r. (1) (b) 2. a. to j., cr. (1) (b) 2. am. to dm., am. (1) (b) 3. a., b., cr. (1) (b) 3. c. and 4. Register August 2015 No. 716, eff. 9-1-15; CR 15-019: am. (11) (a) Register August 2015 No. 716, eff. 9-1-15; reprinted to correct transcription error in (1) (b) (intro.) Register January 2020 No. 769; correction in (1) (b) 4., (6) (h) made under s. 13.92 (4) (b) 7., Stats., Register February 2020 No. 770; CR 20-072: r. and recr. (3), (4), cr. (4m) Register July 2021 No. 787, eff. 8-1-21; CR 20-074: r. and recr. (5) (a), cr. (5) (am), r. and recr. (5) (b) 1., 2., renum. (5) (b) 3. to (5) (b) 3. (intro.) and am., cr. (5) (b) 3. a. to d., renum. (5) (b) 4. to (5) (b) 4. (intro.) and am., cr. (5) (b) 4. a., b., r. and recr. (5) (b) 5., (c), renum. (5) (d) (intro.) to (5) (d) and am., r. (5) (d) 1. to 4., r. and recr. (5) (e), cr. (5) (f) Register July 2021 No. 787, eff. 8-1-21; CR 20-073: r. and recr. (7) Register November 2021 No. 791, eff. 12-1-21; correction in (7) (c) 7. made under s. 35.17, Stats., Register November 2021 No. 791; CR 21-095: renum. (2) to (2) (a), cr. (2) (b), (9) (e), (11) (e) Register May 2022 No. 797, eff. 6-1-22; EmR2129: emerg. am. (6) (c) 2. b., eff. 12-5-21; CR 21-102: am. (6) (c) 2. b. Register June 2022 No. 798, eff. 7-1-22; correction in (6) (c) 2. b. made under. s. 35.17, Stats., Register June 2022 No. 798; CR 26-006: am. (3) (a) 2., (5) (a) 1., (6) (c) 1., 2. a., (11) (c) 5., (d) 2. Register July 2026 No. 847, eff. 8-1-26; correction in (6) (c) 2. a. made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § PI 12.001 Definitions {#sec-pi-12.001 omnilex-key=us-wi-regs-official--agency-pi--PI 12.001}

In this chapter:

(1) “Center” has the meaning given in s. 115.525 (1), Stats.

(2) “Program” has the meaning given in s. 115.52 (1), Stats.

History

CR 17-053: cr. Register December 2017 No. 744 eff. 1-1-18.

Wis. Admin. Code § PI 12.01 Building and facility rental {#sec-pi-12.01 omnilex-key=us-wi-regs-official--agency-pi--PI 12.01}

(1) The department of public instruction, as managing authority of the Wisconsin educational services program for the deaf and hard of hearing and the Wisconsin center for the blind and visually impaired buildings and facilities, may permit the same to be used by any governmental body or official, or any non-profit, fraternal, religious, or veterans’ organization for the purpose of governmental business, public meetings for the free discussion of public questions, or for activities of a broad public purpose, if all of the following conditions are met:

(a) Such use does not interfere with the prime use of the buildings or facilities.

(b) Such use does not unduly burden the department of public instruction, the Wisconsin educational services program for the deaf and hard of hearing, or the Wisconsin center for the blind and visually impaired.

(c) Such use is not a hazard to the safety of the students of the program or center, or the public, or state employees; nor detrimental to the buildings or facilities.

(d) Such use does not expose the state of Wisconsin to the likelihood of expenses and/or damages which cannot be recovered.

(e) Such use is appropriate to the physical context of the buildings and/or facilities.

(2) The applicant for such use shall make a written request on a specified form to the director of the respective program or center at least one week in advance of the anticipated utilization of the building or facility. In the event of a conflict of requests by 2 or more organizations, the respective director of the program or center shall have full discretion.

(3) The applicant for such use shall be liable to the state for any injury done to its property, and for any expense arising out of such use, and for such sum as the department of public instruction, the Wisconsin educational services program for the deaf and hard of hearing, or the Wisconsin center for the blind and visually impaired may charge for such use as provided in s. 16.845, Stats.

(4) The applicant may charge an admission fee only if approved by the department of public instruction, the Wisconsin educational services program for the deaf and hard of hearing, or the Wisconsin center for the blind and visually impaired, pursuant to any conditions as imposed by the department.

(5) There shall be no discrimination because of race, religion, color, national origin or sex in the utilization of state office buildings and facilities for government business, public meetings for free discussion of public questions, or for civic activities.

(6) The utilization of department of public instruction buildings and facilities at the Wisconsin educational services program for the deaf and hard of hearing and the Wisconsin center for the blind and visually impaired by an organization shall not imply endorsement, approval, or approbation by the state of Wisconsin or the department of public instruction, the Wisconsin educational services program for the deaf and hard of hearing, or the Wisconsin center for the blind and visually impaired, nor the extension of special privilege. Likewise, the refusal by the department of public instruction, the Wisconsin educational services program for the deaf and hard of hearing, or the Wisconsin center for the blind and visually impaired to permit use of a building or facility shall not be interpreted as disapproval or censure of any organization, but shall be for reasons as set forth in sub. (1) (a) to (e).

(7) The granting of permission to use a building or facility by the department of public instruction, the Wisconsin educational services program for the deaf and hard of hearing, or the Wisconsin center for the blind and visually impaired does not obligate said department, program, or center to furnish the applicant any service or utilities, or render any support with personnel, equipment, or supplies. The department of public instruction, the Wisconsin educational services program for the deaf and hard of hearing, or the Wisconsin center for the blind and visually impaired may furnish such assistance, and may charge for any expense arising out of use of a building or facility. The department of public instruction, the Wisconsin educational services program for the deaf and hard of hearing, and the Wisconsin center for the blind and visually impaired reserve the right to inspect any equipment or apparatus brought in for a public meeting, event, or activity; and to limit or prohibit the use of such items which might affect the safety or the normal operation of the building or facility.

History

Emerg. cr. eff. 9-21-76; cr. Register, February, 1977, No. 254, eff. 3-1-77; CR 01-132: am. (1) (intro.), (b), (3), (4), (6), and (7) Register May 2002 No. 557 eff. 6-1-02; CR 17-053: am. (1) to (4), (6), (7) Register December 2017 No. 744 eff. 1-1-18; correction in (6) made under s. 35.17, Stats., Register December 2017 No. 744.

Chapter PI 13 LIMITED-ENGLISH PROFICIENT PUPILS

Subchapter I General Provisions

Wis. Admin. Code § PI 13.01 Authority {#sec-pi-13.01 omnilex-key=us-wi-regs-official--agency-pi--PI 13.01}

This chapter is adopted under ss. 115.95 to 115.996, and 118.30 (2) (b) 2., Stats.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.02 Applicability and purpose {#sec-pi-13.02 omnilex-key=us-wi-regs-official--agency-pi--PI 13.02}

This chapter establishes requirements for school districts whose population includes LEP pupils as follows:

(1) Subchapter II establishes specific requirements for all school districts whose pupil population includes one or more LEP pupils, including procedures for the identification, assessment, and classification of LEP pupils and criteria and procedures to be used by a school district and charter school in determining whether to administer a test under s. 118.30 or 121.02 (1) (r), Stats., to an LEP pupil.

(2) Subchapter III establishes specific requirements for school districts required to offer bilingual-bicultural education programs under s. 115.97 (2), (3), or (4), Stats.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.03 Definitions {#sec-pi-13.03 omnilex-key=us-wi-regs-official--agency-pi--PI 13.03}

In this chapter:

(2) “Bilingual-bicultural education program” has the meaning defined under s. 115.955 (2), Stats.

(5) “Bilingual teacher” means a person licensed under s. PI 3.47 prior to July 1, 2004 or s. PI 34.078 on or after July 1, 2004.

(6) “Bilingual teacher’s aide” means a person who is employed to assist a teacher and who meets all of the following:

(a) Understands, speaks, reads, and writes English and the language of the group with whom the bilingual teacher’s aide will be working.

(b) Has a high school diploma or its equivalent.

(6m) “Charter school” means a charter school established under s. 118.40 (2r), Stats.

(7) “Department” means the Wisconsin department of public instruction.

(8) “Fully English proficient” means a former LEP pupil who can now read, write, speak and comprehend English within the academic classroom setting.

(9) “LEP pupil” means a limited-English proficient pupil defined under s. 115.955 (7), Stats., who has difficulty with reading, writing, speaking or comprehending in English within the academic classroom setting.

(9m) “Private choice school” means a private school participating in the parental choice program for eligible school districts and other school districts under s. 118.60, Stats., or a private school participating in the Milwaukee parental choice program under s. 119.23, Stats.

(10) “Test” means the examination administered to pupils enrolled in the 3rd, 4th, 8th, 9th, 10th and 11th grades under ss. 118.30 and 121.02 (1) (r), Stats.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02; CR 19-069: r. (1), (3), (4), cr. (9m), am. (10) Register February 2020 No. 770, eff. 3-1-20; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register February 2020 No. 770.

Subchapter II School Board Requirements Relating to LEP Pupils

Wis. Admin. Code § PI 13.04 Applicability and purpose {#sec-pi-13.04 omnilex-key=us-wi-regs-official--agency-pi--PI 13.04}

This subchapter establishes identification, assessment, classification, and reporting requirements for all school districts whose pupil population includes one or more LEP pupils. This subchapter also establishes criteria and procedures to be used by a school district, charter school, and private choice school in determining whether to administer a test under s. 118.30 or 121.02 (1) (r), Stats., to an LEP pupil.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02; CR 19-069: am. Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 13.05 School board policy {#sec-pi-13.05 omnilex-key=us-wi-regs-official--agency-pi--PI 13.05}

Each school board whose pupil population includes one or more LEP pupils shall adopt a policy regarding the identification, language assessment, classification and reclassification, support services, academic achievement and assessment, parental notification of testing under s. PI 13.09, and the design of the educational program or support for LEP pupils.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.06 Identification of LEP pupils {#sec-pi-13.06 omnilex-key=us-wi-regs-official--agency-pi--PI 13.06}

Each school board shall identify potential LEP pupils within the school district as part of the enrollment process using a home language survey and department-approved English proficiency assessment under s. PI 13.07. The school board shall identify pupils meeting any of the following criteria:

(1) Pupils who communicate in a language other than English.

(2) Pupils whose families use a language other than English.

(3) Pupils who use a language other than English in daily non-school surroundings.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.07 English proficiency assessment {#sec-pi-13.07 omnilex-key=us-wi-regs-official--agency-pi--PI 13.07}

Each school board shall determine the English proficiency level of a pupil identified under s. PI 13.06 and shall place the pupil in an appropriate education program. The school board shall use a department-approved assessment instrument, maintain all assessment records, and report information to the department under s. PI 13.09 (4). The assessment procedures used under this section may include supplemental indicators or data that include any of the following:

(1) Prior academic records from within or outside the United States.

(2) Course grades which, in relation to the pupil’s grade level, indicate that lack of progress is due to limited English language skills.

(3) Information on everyday classroom performance.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.08 Classification of LEP pupils {#sec-pi-13.08 omnilex-key=us-wi-regs-official--agency-pi--PI 13.08}

The school board shall classify each pupil assessed under s. PI 13.07 and a charter school shall classify each pupil tested under s. PI 13.09 as one of the following:

(1) Level 1 – beginning preproduction. A pupil shall be classified level 1 if the pupil does not understand or speak English with the exception of a few isolated words or expressions.

(2) Level 2 - beginning production. A pupil shall be classified level 2 if all of the following criteria are met:

(a) The pupil understands and speaks conversational and academic English with hesitancy and difficulty.

(b) The pupil understands parts of lessons and simple directions.

(3) Level 3 - intermediate. A pupil shall be classified level 3 if all of the following criteria are met:

(a) The pupil understands and speaks conversational and academic English with decreasing hesitancy and difficulty.

(b) The pupil is post-emergent, developing reading comprehension and writing skills in English.

(c) The pupil’s English literacy skills allow the pupil to demonstrate academic knowledge in content areas with assistance.

(4) Level 4 - advanced intermediate. A pupil shall be classified level 4 if all of the following criteria are met:

(a) The pupil understands and speaks conversational English without apparent difficulty, but understands and speaks academic English with some hesitancy.

(b) The pupil continues to acquire reading and writing skills in content areas needed to achieve grade level expectations with assistance.

(5) Level 5 - advanced. A pupil shall be classified level 5 if all of the following criteria are met:

(a) The pupil understands and speaks conversational and academic English well.

(b) The pupil is near proficient in reading, writing, and content area skills needed to meet grade level expectations.

(6) Level 6 – formerly lep now fully english proficient. A pupil shall be classified level 6 if all of the following criteria are met:

(a) The pupil was formerly limited-English proficient and is now fully English proficient.

(b) The pupil reads, writes, speaks and comprehends English within the academic classroom setting.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.09 Testing of LEP pupils {#sec-pi-13.09 omnilex-key=us-wi-regs-official--agency-pi--PI 13.09}

(1) Policies. Each school board policy under s. PI 13.05 shall include procedures regarding the testing of LEP pupils. A charter school and a private choice school whose population includes one or more LEP pupils shall adopt a policy regarding the testing of LEP pupils. The policy under this subsection shall include all of the following assurances:

(a) Test administration to an LEP pupil shall be made on an individual basis and information on both academic and English proficiency data shall be documented.

(b) Test results may not be used as the sole criterion in re-classifying an LEP pupil from a bilingual-bicultural education program or in determining grade promotion, eligibility for courses or programs, eligibility for graduation or eligibility for participation in postsecondary education opportunities.

(c) Exemption of an LEP pupil from taking a test may not be used as the sole criterion in determining grade promotion, eligibility for courses or programs, eligibility for graduation or eligibility for participation in postsecondary education opportunities.

(2) Test administration.

(a) A school board, charter school, and private choice school may not exempt LEP pupils from tests based solely on their LEP status.

(b) A school board, charter school, and private choice school shall administer a test to an LEP pupil unless a determination has been made that the results of the test, with allowable accommodations made for the pupil as needed, or as otherwise provided in statute, will not be a valid and reliable indicator of the pupil’s academic knowledge and skills.

(3) Test accommodations. A school board, charter school, and private choice school that includes an LEP pupil in a test shall provide testing accommodations, if the pupil needs such accommodations. Any accommodations made shall maintain the validity of the test as determined by the department and may include, but are not limited to, one or more of the following:

(a) For tests that do not assess English language competency, provide translations in a student’s native language or the assistance of a qualified translator to translate instructions or read test items.

(b) Provide small group or individual testing opportunities.

(d) Allow LEP pupils to use dictionaries and other educational aids while taking the test unless this use would invalidate the test.

(e) Allow pupils as much time as necessary to complete the test.

(f) Allow any other method approved by the department.

(4) Test results. A school, charter school, and private choice school that administers a test to an LEP pupil shall use or report the results as follows:

(a) The results of the test shall be used consistent with the policies adopted by school boards, operators of charter schools, and governing bodies of private choice schools under s. 118.33 (1) (f) and (6), Stats., in making instructional, promotion, and graduation decisions.

(b) The results of the test shall be reported to the department.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02; CR 19-069: am. (1) (intro.), (2) (title), (a), (b), r. (2) (c) to (e), am. (3) (intro.), (a), (4) (intro.), (a), (b), r. (4) (c) Register February 2020 No. 770, eff. 3-1-20.

Subchapter III Bilingual-Bicultural Education Programs

Wis. Admin. Code § PI 13.10 Applicability and purpose {#sec-pi-13.10 omnilex-key=us-wi-regs-official--agency-pi--PI 13.10}

This subchapter establishes specific requirements for school districts required to offer bilingual-bicultural education programs under s. 115.97 (2), (3), or (4), Stats. School districts that establish bilingual-bicultural education programs under s. 115.97 (2), (3), or (4), Stats., are eligible for reimbursement under ss. 115.97 (1) and 115.995, Stats.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.11 General requirements {#sec-pi-13.11 omnilex-key=us-wi-regs-official--agency-pi--PI 13.11}

A school board that offers a bilingual-bicultural education program under this subchapter shall meet the requirements under this subchapter and subchapter II.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.12 School board policy {#sec-pi-13.12 omnilex-key=us-wi-regs-official--agency-pi--PI 13.12}

The policy under s. PI 13.05 shall include all of the following assurances:

(1) The school board shall provide each LEP pupil with an effective instructional program and supportive services appropriate to meet the needs of the pupil.

(2) The school board shall provide each LEP pupil with full access to supportive services, such as language development and speech therapy available to other pupils in the school district as such services are appropriate to the individual needs of the pupil.

(3) The district shall provide programs and services that reflect the cultural background of the LEP pupils and may include instruction intended to improve the skills of such pupils in the use of their native language for the purpose of enabling them to become proficient or advanced in all subject areas.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.13 Program approved by department {#sec-pi-13.13 omnilex-key=us-wi-regs-official--agency-pi--PI 13.13}

(1) Each school district establishing a bilingual-bicultural education program shall provide to the department a written description of the program that addresses the requirements under this subchapter. The description shall include information on all of the following:

(a) The program design, objectives, staffing, and evaluation procedures.

(b) Staff certification, professional development activities, parent involvement activities and instructional materials to be used in the program.

(2) Each school district establishing a bilingual-bicultural education program shall ensure bilingual teachers, bilingual teacher’s aides, bilingual counselors, and bilingual counselor’s aides meet the definitions under this chapter.

(3) Each school district’s proposed program shall be reviewed and approved by the department prior to the implementation of the local program. A proposed program shall be approved if it meets the requirements of this chapter.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.14 Reimbursement {#sec-pi-13.14 omnilex-key=us-wi-regs-official--agency-pi--PI 13.14}

(1) The school district shall submit, on appropriate financial claim forms, such information and data as required by the department for fiscal review and approval for reimbursement of the program.

Note: Copies of the required claim form may be obtained at no charge from financial aids and audit, department of public instruction, P.O. Box 7841, Madison, WI 53707-7841.

(2) The salaries of teachers and other staff members participating in bilingual-bicultural education programs shall be reimbursed according to the percentage of time such teachers and staff spend in the program and the number of eligible pupils in the program under s. PI 13.06. The reimbursement shall be computed as specified in s. 115.995, Stats.

(3) Supportive services as provided under s. PI 13.12 (2) may not be reimbursed under this section.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.15 Reporting requirements {#sec-pi-13.15 omnilex-key=us-wi-regs-official--agency-pi--PI 13.15}

Annually on or before August 15, each school district providing a program under this subchapter shall report to the department the following information as provided under ss. 115.993 and 115.996, Stats.:

(1) The number of pupils, including both LEP pupils and other pupils, instructed the previous school year in the bilingual-bicultural education programs. The pupils shall be identified by language group, grade level, age, and English language proficiency level determined under s. PI 13.08.

(2) An itemized statement on oath of all disbursements on account of the bilingual-bicultural education program operated during the previous school year and a copy of the estimated budget for that program for the current school year.

(3) The number of pupils served in the bilingual-bicultural education program for each language group in each school district in which such programs are offered.

(4) The number of pupils in each school district and language group who as a result of participation in a bilingual-bicultural education program improved their English language ability to such an extent that the program is no longer necessary for such pupils.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 13.16 Department responsibilities {#sec-pi-13.16 omnilex-key=us-wi-regs-official--agency-pi--PI 13.16}

(1) The department shall, at least annually, review, approve and evaluate the programs conducted under this subchapter by the school districts. This shall include reviewing and evaluating all of the following:

(a) The school board policies and procedures used for identifying, counting, classifying and placing eligible LEP pupils in an appropriate educational program.

(b) The notification sent out to parents, guardians or legal custodians, including the initial written parental consent for their child’s participation in the program.

(d) The procedures to be used for parent complaints.

(e) The curriculum, instruction and materials being offered in the program.

(f) The English language proficiency and academic progress of LEP pupils in the program.

(g) The program evaluation design, results, and use of the results.

(h) The extent to which any existing gaps in achievement or English proficiency are reduced and eliminated over time.

(2) Pursuant to s. 115.996, Stats., the department shall submit an annual report to the legislature on December 31 regarding the status of bilingual-bicultural education programs established under this subchapter. The report shall include the school district information reported under s. PI 13.15.

History

CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

Chapter PI 14 SCHOOL FINANCE

Wis. Admin. Code § PI 14.001 Definitions {#sec-pi-14.001 omnilex-key=us-wi-regs-official--agency-pi--PI 14.001}

In this chapter:

(1) “Department” means the Wisconsin department of public instruction.

(2) “Fiscal year” means the school year as defined under s. 115.001 (13), Stats.

(3) “School board” means the school board in charge of the schools of the district.

(4) “School district” has the meaning described in s. 115.01 (3), Stats.

History

Cr. (intro.), (1) to (4) renum. from PI 14.03 (1) (c), (d), (f) and (g), Register, June, 1988, No. 390, eff. 7-1-88.

Wis. Admin. Code § PI 14.01 Official enrollment {#sec-pi-14.01 omnilex-key=us-wi-regs-official--agency-pi--PI 14.01}

(1) A resident pupil may be included in the official enrollments of the schools of a district as of the dates specified in s. 121.05 (1) (a), Stats., only if:

(a) The pupil is in attendance on the date specified; or

(b) The pupil is absent on the date specified but has attended at least one day during the current school year prior to the date specified and attends at least one day after the date specified and remained a resident of the district during the period of absence; or

(c) In the event a pupil has been absent all days during the school year prior to and on the date specified, if either of the following occurs:

An application has been made for formal homebound instruction as of the date specified and documentation exists to support this application.
A group and foster home membership report has been submitted by a school board of a school district in which a foster or group home that is not exempt from property taxation under s. 70.11, Stats., is located as provided for under s. 121.05 (4), Stats.
If a pupil is included in the official enrollment as a result of a report filed under subd. 2., the school district in which the pupil was previously enrolled shall file a group and foster home membership report representing a corresponding decrease in their official enrollment upon request by the department.

Note: The Group and Foster Home Membership Report may be obtained at no charge by writing to the Wisconsin Department of Public Instruction, School Financial Services, P.O. Box 7841, Madison, WI 53707-7841.

(2) If a pupil who is eligible to be included in the official enrollment under sub. (1) (b) returns following the filing of the specified membership report, an amended report shall be filed.

History

Cr. Register, April, 1979, No. 280, eff. 5-1-79; am. Register, July, 1982, No. 319, eff. 8-1-82; correction in (2) made under s. 13.93 (2m) (b) 4., Stats., Register, May, 1987, No. 377; am. (1) (c), cr. (1) (c) 2. and 3., Register, August, 1995, No. 476, eff. 9-1-95.

Wis. Admin. Code § PI 14.02 Minimum uniform provisions for contracts between 2 or more school districts under s. 66.0301, Stats {#sec-pi-14.02 omnilex-key=us-wi-regs-official--agency-pi--PI 14.02}

(1) Definitions. In this section:

(a) “Cooperative program” means the program operated in accordance with an agreement under this section.

(b) “Municipality” has the meaning set forth in s. 66.0301 (1) (a), Stats.

(2) Minimum uniform contract provisions. Section 66.0301 (2), Stats., permits any municipality to contract with other municipalities for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law. This section sets forth minimum uniform contract requirements for agreements between 2 or more school districts under s. 66.0301, Stats., except that this section does not apply to agreements entered into under s. 120.25, Stats. Any cooperative program between 2 or more school districts under this section shall meet all of the following requirements:

(a) The school board of each participating school district shall approve the contract by adoption of a resolution.

(b) The contract shall provide for and describe the cooperative program being entered into under s. 66.0301, Stats., and this section.

(c) The contract shall specify one participating school district to be the operator and fiscal agent of the cooperative program, and shall require the fiscal agent to do all of the following:

Establish and maintain records in accordance with the uniform financial accounting system prescribed by the department under s. 115.28 (13), Stats.
File all required financial reports with the department.
Upon request of the department, file a copy of the contract and the plan of operation with the department.

(d) The contract shall specify that pupil membership, for state aid purposes, shall be counted by each pupil’s school district of residence.

(e) The annual budget for the cooperative program shall be approved by the school board of each participating school district prior to the beginning of the fiscal year. The annual budget shall include all of the applicable direct instructional costs, and all applicable support service and non-program costs, such as administrative salaries and services, audit costs, fiscal services, custodial services, utilities, maintenance services, space rental, and building administration.

(f) The contract shall specify that the proration of costs to each participating school district shall be determined prior to June 30 each year. The proration of costs to each participating school district in cooperative programs which provide services directly to pupils shall be based on the number of pupils from each school district participating in the cooperative program. The proration of costs to each participating school district in cooperative programs which do not provide services directly to pupils, or which provide services directly to pupils but on a specified time basis in each of the school districts, shall be made on a basis which is fair and equitable to each participating school district, such as the percentage of employee time spent in or on behalf of each school district. The contract shall provide that state aid reimbursements shall be prorated to the participating school districts on the same basis as the proration of costs.

(g) Unless transportation is included in the cooperative program, any transportation of pupils shall be furnished by the school district of residence and the applicable transportation state aid shall be claimed by the school district of residence.

(h) The contract shall provide that prior approval from the school board of each participating school district shall be required prior to any budget variations.

(i) The contract shall be signed and dated by the president and clerk of the school board of each participating school district.

History

Cr. Register, February, 1979, No. 278, eff. 3-1-79; am. (1), (2) (d), (i) and (l), Register, June, 1983, No. 330, eff. 7-1-83; r. and recr. Register, June, 1988, No. 390, eff. 7-1-88; am. (2) (g), Register, April, 2001, No. 544, eff. 5-1-01; corrections in (1) (b), (2) (intro.) and (b) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550.

Wis. Admin. Code § PI 14.03 Minimum standards for audit and standard school district audit contract {#sec-pi-14.03 omnilex-key=us-wi-regs-official--agency-pi--PI 14.03}

(1) Definitions. In this section:

(a) “Auditor” means the licensed accountant employed by the school board to perform the audit.

(b) “Licensed accountant” means a person licensed as a certified public accountant or a public accountant by the accounting examining board under ch. 442, Stats.

(c) “Uniform grants guidance” means the provisions of the United States office of management and budget, uniform administrative requirements, cost principles, and audit requirements for federal awards under 2 CFR, part 200.

(2) Minimum standards for audit.

(a) Under s. 120.14 (1), Stats., at the close of each fiscal year, the school board of each common or union high school district shall employ a licensed accountant to audit the school district accounts and certify the audit. The minimum requirements for the audit are as follows:

The auditor shall conduct an examination of the basic financial statements including the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the school district for the fiscal year.
The auditor’s examination shall be made in accordance with all applicable federal laws and regulations and Wisconsin Statutes and administrative rules, including the following:

a. Generally accepted auditing standards as required under s. Accy 1.202. For purposes of the contract under sub. (3), the procedures necessary to comply with the generally accepted auditing standards shall include the applicable procedures outlined by the American institute of certified public accountants in the industry audit guide, audits of state and local governmental units and by the department in the Wisconsin school district audit manual.

b. The standards for financial and compliance audits contained in the standards for audits of governmental organizations, programs, activities, and functions, issued by the comptroller general of the United States.

c. Uniform grants guidance.

The financial statements presented in the auditor’s report shall comply with generally accepted accounting principles, as promulgated by the governmental accounting standards board, and shall conform to the accounting system prescribed by the department under s. 115.28 (13), Stats.
The auditor shall express an opinion on the financial statements of all funds covered in the scope of the audit. If the auditor is unable to express an unqualified opinion, the auditor shall state fully the reasons for qualification or disclaimer of opinion. The school district shall correct any deficiency which results in a qualification or disclaimer of opinion.

(b) Independence. The auditor shall maintain independence with respect to the financial statements and the opinion.

The school district shall be responsible for the proper recording of transactions in the books of account, for the safeguarding of assets, and for the substantial accuracy of the financial statements. The school district officers shall close and balance all accounts and have the financial statements for all funds and account groups prepared prior to examination by the auditor.
The audit shall be conducted on school district premises.
The auditor shall observe on school district premises the adequacy of the systems of internal control for all funds of the school district, including those concerned with maintaining compliance with legal provisions related to finance. If material weaknesses are noted, the auditor shall review appropriate recommendations with the appropriate administrator and shall include them in a separate letter to the school board.
The auditor shall retain the audit workpapers and reports for at least 3 years from the date of the audit report, unless the auditor is notified in writing by the department or by the United States department of education to extend the retention period. The auditor shall respond directly to inquiries from the department or from the United States department of education, and permit these agencies, upon written request, to review audit workpapers. The auditor shall notify the school board of any such inquiries or requests and of the auditor’s response.

(d) Reports. The auditor shall submit to the school board the following reports and shall supply copies for transmittal to the department and other agencies as may be required under applicable statutes or rules:

Auditor’s report on the school district’s financial statements prepared according to generally accepted accounting principles, as promulgated by the governmental accounting standards board, with supplemental information as required by the department or requested by the district.
Financial audit statement for the fiscal year.
Management letter, commenting on material weaknesses in internal control and identifying possible noncompliance with any legal provisions related to finance with appropriate recommendations.

3m. Auditor’s communication with those charged with governance, including any significant findings or issues from the audit.

Federal program audit reports and schedules, as appropriate.
State program audit reports and schedules, as appropriate.
Membership agreed upon procedures report, prepared in accordance with standards for attestation engagements promulgated by the American institute of certified public accountants, if required by the department under s. 115.28 (18), Stats.

Note: The following forms are available at no charge from the Department of Public Instruction, School Financial Services Team, P.O. Box 7841, Madison, WI 53707:

PI 1506 Financial Audit Statement

(3) Standard school district audit contract. The school board may utilize the standard school district audit contract format prescribed by the department in the appendix to this chapter. If the school board does not utilize the format prescribed by the department, it shall ensure that the contract contains all of the provisions in sub. (2) and all of the following provisions:

(a) It shall specify the compensation agreed upon between the school board and the auditor including an estimate as to the total cost of the audit provided by the auditor.

(b) It shall specify terms of payment.

A school district officer who is authorized by the school board to enter into a contractual agreement.
The owner or partner of the audit firm.

(4) Noncompliance with the minimum standards for audit. Any audit which the department determines is not in compliance with this section shall be referred to the school district for corrective action.

Note: Audits of State and Local Governmental Units may be obtained from the American Institute of Certified Public Accountants, 1211 Avenue of the Americas, New York, NY 10036-8775.

The Wisconsin School District Audit Manual may be obtained from the Department of Public Instruction, 125 South Webster Street, P.O. Box 7841, Madison, WI 53707.

All of the above publications are available for examination at the Department of Public Instruction, School Financial Services Team, 125 South Webster Street, Madison, WI.

History

Cr. Register, April, 1979, No. 280, eff. 5-1-79; am. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. Register, May, 1987, No. 377, eff. 6-1-87; renum. (1) (c), (d), (f) and (g) to be PI 14.001 (1) to (4), Register, June, 1988, No. 390, eff. 7-1-88; r. (1) (b), (2) (a) 3., and (d) 4.,renum. (2) (a) 4. and 5. to be 3. and 4. and am. 3. as renum., am. (2) (a) 1., 2. a., c., and (d) 1., and renum. (1) (e) to be (1) (b) and (2) (d) 5. to 7. to be 4. to 6., Register, April, 2001, No. 544, eff. 5-1-01; CR 17-056: cr. (1) (c), am. (2) (intro.). (a) 1., 2. c., (c) 3., cr. (d) 3m., am. (d) 6. Register January 2018 No. 745 eff. 2-1-18.

Chapter PI 14 Appendix STANDARD SCHOOL DISTRICT AUDIT CONTRACT

Wis. Admin. Code § Chapter PI 14 STANDARD SCHOOL DISTRICT AUDIT CONTRACT {#sec-chapter-pi-14 omnilex-key=us-wi-regs-official--agency-pi--Chapter PI 14}

This agreement is entered into this day of , 20 , between (school board on behalf of named school district) hereafter referred to as the district, and (name of auditor), hereafter referred to as the auditor. The parties agree as follows:

AUDIT SCOPE

The auditor shall conduct an examination of the basic financial statements, including the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the school district as of, and for the year ended June 30, 20__.

The auditor’s examination shall be made in accordance with the following:

(a) Generally accepted auditing standards. The procedures necessary to comply with the generally accepted auditing standards, for purposes of this contract, include the applicable procedures outlined by the American Institute of Certified Public Accountants including the Industry Audit Guide, AUDITS OF STATE AND LOCAL GOVERNMENTAL UNITS; and by the Department of Public Instruction in the WISCONSIN SCHOOL DISTRICT AUDIT MANUAL.

(b) The standards for financial and compliance audits contained in the STANDARDS FOR AUDITS OF GOVERNMENTAL ORGANIZATIONS, PROGRAMS, ACTIVITIES, AND FUNCTIONS, issued by the Comptroller General of the United States;

Financial statements presented in the auditor’s report shall comply with generally accepted accounting principles and conform to the accounting system prescribed by the Department of Public Instruction.

The auditor shall express an opinion on the financial statements of all funds covered in the scope of this audit engagement. If the auditor is unable to express an unqualified opinion, the auditor shall state fully the reasons for qualification or disclaimer of opinion. The district recognizes it has the responsibility to correct any deficiency which results in a qualification or disclaimer of opinion.

INDEPENDENCE

Implicit in the auditor’s expressions of an unqualified opinion on financial statements is the auditor’s representation of independence with respect to those statements.

TIMING, LOCATION AND CONDUCT OF AUDIT WORK

The district recognizes that its appropriate officers have the responsibility for the proper recording of transactions in the books of account, for the safeguarding of assets and for the substantial accuracy of the financial statements. These district officers have the responsibility to close and balance all accounts and to have prepared the financial statements for all funds to be examined by the auditor.

The audit shall be conducted on district premises at a mutually agreeable time, and the district shall provide space deemed adequate by the auditor to conduct the examination officially.

The auditor shall observe on district premises the adequacy of the systems of internal control for all funds of the district, including those concerned with maintaining compliance with finance-related legal provisions. If material weaknesses are noted, appropriate recommendations shall be reviewed with the appropriate administrator and then included in a separate letter to the district’s school board.

Audit workpapers and reports shall be retained for a minimum of three years from the date of the audit report, unless the auditor is notified in writing by the Department of Public Instruction or the United States Department of Education to extend the retention period. The district authorizes the auditor to respond directly to inquiries from the Department of Public Instruction or the United States Department of Education, including requests to review audit workpapers. The auditor shall notify the school board of any such inquiries or requests and of the auditor’s reply thereto.

REPORTS

The auditor shall submit to the district’s school board the following reports, with copies of each for transmittal to the Department of Public Instruction and other agencies as required:

(a) Auditor’s report on the school district’s financial statements prepared according to Generally Accepted Accounting Principles as promulgated by the Governmental Accounting Standards Board, as of, and for the year ended June 30, 20__, with supplemental information as required by the Department of Public Instruction or requested by the district.

(b) Financial audit statement for the year ended June 30, 20__, as required by the Department of Public Instruction.

(c) Management letter, commenting on material weaknesses in internal control and identifying possible noncompliance with finance-related legal provisions with appropriate recommendations.

(e) Federal program audit reports and schedules, as required.

(f) State program audit reports and schedules, as required.

(g) Membership agreed upon procedures report, prepared in accordance with standards for attestation engagements promulgated by the American Institute of Certified Public Accountants, as required by the Department of Public Instruction.

(h) Auditor’s communication with those charged with governance, including any significant findings or issues from the audit.

(i) Other (specify):

(j) Other (specify):

COMPENSATION AND TERMS OF PAYMENT

Fees shall be based on the time required by the individuals assigned by the auditor plus direct expenses. Individual hourly rates vary according to the degree of responsibility involved and the skill required. (NOTE: Other payment terms may be agreed upon in the contract. This is provided as an example).

, certified public accountant, is the owner or partner in charge of all work performed and is responsible for all aspects of this engagement.

The auditor estimates the fee for this examination and above-listed reports will range from $_______ to $______. Should unforeseen difficulties be encountered during the examination which would require additional work by the auditor, an estimate of the cost of such additional work shall be brought to the board’s attention prior to the performance of the additional work.

The auditor may submit bills as work progresses and as expenses are incurred.

(Typed Name and Title) Signature______________

Contracting District Officer

(Typed Name and Title) Signature______________

Audit Firm

(Typed Name and Title) Signature______________

Partner (Owner)

Chapter PI 15 REVENUE LIMIT EXEMPTIONS FOR ENERGY EFFICIENCIES

Wis. Admin. Code § PI 15.01 Purpose {#sec-pi-15.01 omnilex-key=us-wi-regs-official--agency-pi--PI 15.01}

A school board may not exceed its revenue limit under s. 121.91 (2m), Stats., except as allowed under s. 121.91 (3), (4), and (8), Stats. This chapter sets forth eligibility criteria and procedures for allowing revenue limit exemptions for energy efficiency measures, and energy efficiency products as allowed under s. 121.91 (4) (o), Stats. This section applies to any resolution adopted under this section before January 1, 2018.

History

EmR0921: emerg. cr. eff. 9-4-09; CR 09-071: cr. Register February 2010 No. 650, eff. 3-1-10; CR 15-072: am. Register April 2016 No. 724, eff. 5-1-16; CR 18-036: am., Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § PI 15.02 Definitions {#sec-pi-15.02 omnilex-key=us-wi-regs-official--agency-pi--PI 15.02}

In this chapter:

(1) “Department” means the Wisconsin department of public instruction.

(2) “Expenditure” or “expenditures” means the amount spent or planned to be spent by the school district in a school year on energy efficiency measures and energy efficiency products that result in the avoidance of, or reduction in, energy costs or related operational costs. “Expenditure” does not include amounts spent for the purchase of one-to-one instructional technology devices.

(3) “Revenue limit” means the amount of revenue calculated under s. 121.91 (2m), Stats.

(4) “School board” has the meaning given in s. 115.001 (7), Stats.

(5) “School district” has the meaning given in s. 115.01 (3), Stats.

History

EmR0921: emerg. cr. eff. 9-4-09; CR 09-071: cr. Register February 2010 No. 650, eff. 3-1-10; CR 15-072: am. (2) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § PI 15.03 School district eligibility requirements {#sec-pi-15.03 omnilex-key=us-wi-regs-official--agency-pi--PI 15.03}

(1) Under s. 121.91 (4) (o), Stats., if a school board adopts a resolution to do so, the revenue limit otherwise applicable to a school district under s. 121.91 (2m), Stats., in any school year is increased by the expenditure by the school district in that school year on energy efficiency measures, and energy efficiency products. Districts may retrofit, replace or update existing equipment or improve facilities if such improvements result in the avoidance of, or reduction in, energy costs or related operational costs. Expenditures for the expansion of facilities or the addition of equipment are not allowed unless they are necessary to improve the efficiency of the existing facility.

(2) Prior to adopting a resolution under this section, the school board shall do all of the following:

(a) Identify the specific new expenditures.

(b) Identify the performance indicators to measure the cost savings as a result of the expenditures. The cost savings must equal or exceed the expenditures.

Note: To comply with these provisions, the school district may use the reporting form prescribed by the department. The form can be obtained by contacting the School Financial Services Team at (608) 267-9114.

(3) A resolution under this section shall include all of the following information:

(a) The name of the school district.

(b) A statement that the school district is exercising its taxing authority under s. 121.91 (4) (o), Stats., to exceed the revenue limit on a non-recurring basis by an amount the school district will spend on new energy efficiency measures and energy efficiency products for the applicable school year.

(d) A list of the cost recovery performance indicators that will measure the cost savings of each project’s estimated cost, estimated savings, and the timeline for cost recovery for each project expenditure.

(e) A statement that an evaluation of the energy performance indicators will be included as an addendum to the succeeding school year’s required published budget summary document under s. 65.90, Stats., and in the school district’s newsletter or in the published minutes of the school board meeting.

(f) The funding mechanism to be used which meets the requirements of s. 121.91 (4) (o) 1., Stats.

(4) A school board that passes a resolution under sub. (3) shall submit a copy of that resolution to the department within ten days of passage.

(5) The school board shall include a levy amount no greater than the maximum levy amount specified in the resolution under sub. (3) (c) when establishing its tax levies under s. 120.12 (3), Stats.

(6) The school board shall incur the expenditure authorized in its resolution under sub. (3) (c) in an amount no less than the levy amount included under sub. (5).

(7) Annually, no later than two weeks following the date of the school district’s budget hearing, the school board shall submit the amount of utility savings per s. 121.91 (4) (o) 3., Stats., on a form and in the manner prescribed by the department. The school board shall also include the information in this subsection in the school district’s newsletter or in the published minutes of the school board meeting.

History

EmR0921: emerg. cr. eff. 9-4-09; CR 09-071: cr. Register February 2010 No. 650, eff. 3-1-10; CR 15-072: am. (1), (2) (b), (3) (intro.), (b) to (d), cr. (3) (f), (g), am. (4), (7), r. (8) Register April 2016 No. 724, eff. 5-1-16; CR 18-036: am. (3) (intro.), (c), r. (3) (g), am. (5), (6) Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § PI 15.04 Department requirements {#sec-pi-15.04 omnilex-key=us-wi-regs-official--agency-pi--PI 15.04}

(1) The department shall post on its website all the resolutions received under s. PI 15.03 (4).

(2) The department shall adjust the school district’s revenue limit to include the levy amount specified under s. PI 15.03 (5).

(2m) The department shall reduce the school district’s exemption for energy efficiencies by the annual utility cost savings under s. 121.91 (4) (o) 3., Stats.

(3) The department shall post on its website the information received under s. PI 15.03 (7).

(4) Any additional revenue received by a school district under this paragraph shall not be included in the base for determining the school district’s limit under s. 121.91 (2m), Stats., for the succeeding school year. In addition, the limit otherwise applicable to a school district in any school year is decreased by an amount equal to the prior year amount levied for which there is not a prior year documented energy expenditure. The amount of the decrease shall not be deducted from the base for determining the school district’s limit under s. 121.91 (2m), Stats., for the following school year.

History

EmR0921: emerg. cr. eff. 9-4-09; CR 09-071: cr. Register February 2010 No. 650, eff. 3-1-10; CR 15-072: cr. (2m), am. (3), r. and recr. (4), r. (5) Register April 2016 No. 724, eff. 5-1-16; CR 18-036: am. (2) Register April 2019 No. 760, eff. 5-1-19.

Chapter PI 17 SUMMER AND INTERIM SESSION CLASSES

Wis. Admin. Code § PI 17.01 Applicability and purpose {#sec-pi-17.01 omnilex-key=us-wi-regs-official--agency-pi--PI 17.01}

This chapter establishes criteria for summer and interim session classes receiving state aid, as authorized under s. 121.14, Stats.

History

Cr. Register, May, 2000, No. 533, eff. 6-1-00; CR 15-038: am. Register January 2016 No. 721, eff. 2-1-16.

Wis. Admin. Code § PI 17.02 Definitions {#sec-pi-17.02 omnilex-key=us-wi-regs-official--agency-pi--PI 17.02}

In this chapter:

(1d) “Academic purposes” means summer or interim session learning experiences that are related or similar to instruction that is offered during the rest of the school year or for which credit toward graduation is given and which is taught by a department-licensed teacher.

(2) “Department” means the Wisconsin department of public instruction.

(2m) “Interim session” has the meaning given in s. 115.001 (3m), Stats., for school districts or county children with disabilities education boards that provide year-round school. Interim sessions are not an extension of the regular school day or school week.

(3) “Reasonable fees” means the fee charged does not exceed the actual cost to the school district or children with disabilities education board of the materials supplied to pupils or activities engaged in by pupils.

(4) “School year” means the time commencing with July 1 and ending with the next succeeding June 30.

(5) “State superintendent” means the state superintendent of public instruction.

(6) “Year-round school” means a school with an academic program calendar that does not have more than 45 calendar days between consecutive sessions during which hours of direct pupil instruction are counted to meet the requirement in s. 121.02 (1) (f), Stats.

History

Cr. Register, May, 2000, No. 533, eff. 6-1-00; CR 15-038: renum. (1) to (1m), cr. (1d), (2m), (6) Register January 2016 No. 721, eff. 2-1-16; CR 16-057: am. (1d), r. (1m) Register April 2017 No. 736, eff. 5-1-17.

Wis. Admin. Code § PI 17.03 Summer and interim session classes {#sec-pi-17.03 omnilex-key=us-wi-regs-official--agency-pi--PI 17.03}

(1) Under s. 121.14, Stats., a school district or county children with disabilities education board may count pupils for aid membership for those academic summer classes or laboratory periods that are necessary for academic purposes, as specified under this chapter. Under s. 121.14, Stats., a school district or county children with disabilities education board that provides year-round school may count pupils for aid membership for those interim session classes or laboratory periods that are necessary for academic purposes.

(2) Summer and interim session classes necessary for academic purposes may include any of the following:

(a) Music programs, lessons, sectionals or clinics, if taught by a department-licensed teacher.

(b) Swimming instruction programs, if taught or directed by a department-licensed teacher at the site of the instruction.

(c) Instructional minutes, per pupil, per day, including field trips if accompanied by a department-licensed teacher and if all pupils have equal access to the field trips, regardless of their ability to pay.

(d) Online classes offered to high school pupils and pupils in grades 7 and 8 that meet the requirements of s. 121.004 (8) (b), Stats., and s. PI 36.11 (1) and in which at least 8,100 minutes of direct instruction are required to earn one credit. If fewer minutes of direct instruction are provided the credit shall be prorated accordingly.

(e) Online classes offered by a school district to pupils in grades 9 through 12 residing in the school district or attending the school district under s. 118.51, Stats., if taught by a teacher licensed by the department or authorized to teach under s. 118.19 (1b) or (1c), Stats.

(4) A school district under sub. (1) shall annually submit to the department a summer or interim session membership report.

Note: Form PI-1804, Summer School Membership Report, may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 and at http://dpi.wi.gov/sfs/children/summer-school.

(5) A school district under sub. (1) shall document and retain the calculation of summer or interim session membership on a form provided by the department.

Note: Form PI-1804w, Summer School Membership Worksheet, may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 and at http://dpi.wi.gov/sfs/children/summer-school.

History

Cr. Register, May, 2000, No. 533, eff. 6-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; CR 15-038: am. (title), (1), (2) (intro.), (c), cr. (2) (d), am. (3) (intro.), (e), (4), (5) Register January 2016 No. 721, eff. 2-1-16; CR 16-075: am. (1), (2) (c), r. (3) Register April 2017 No. 736, eff. 5-1-17; CR 21-008: cr. (2) (e) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § PI 17.04 Summer or interim session classes aid calculation {#sec-pi-17.04 omnilex-key=us-wi-regs-official--agency-pi--PI 17.04}

(1) Summer average daily membership equivalent shall be included as a full-time equivalency in the school district’s September official enrollment of the school district required under s. 121.05 (1) (a), Stats.

(1m) All pupils who attend a summer or interim course that is necessary for academic purposes, regardless of the course funding source, must be included in the summer average daily membership equivalent, unless the school district receives tuition for the pupils.

(2) The summer average daily membership equivalent reported under sub. (1) shall be calculated using the school district’s total summer or interim session pupil membership minutes, divided by 48,600 and rounding to the nearest whole number, as provided under s. 121.004 (8), Stats.

(3) If an audit is required under s. 115.28 (18), Stats., the audit shall include an examination of summer and interim membership under this chapter.

History

Cr. Register, May, 2000, No. 533, eff. 6-1-00; CR 15-038: am. (title), (1), (2) Register January 2016 No. 721, eff. 2-1-16; CR 16-057: cr. (1m), am. (3) Register April 2017 No. 736, eff. 5-1-17.

Wis. Admin. Code § PI 17.05 Fees charged for summer and interim session classes {#sec-pi-17.05 omnilex-key=us-wi-regs-official--agency-pi--PI 17.05}

(1) A school district or county children with disabilities education board offering summer or interim session classes may charge reasonable fees for the following:

(a) Personal use items, such as towels, gym clothes, or uniforms.

(b) Social and extra-curricular activities if not necessary to the school’s curriculum nor aided under s. 121.14 (1), Stats.

(d) Nonresident tuition for pupils from another school district.

(2) A school district or county children with disabilities education board offering summer or interim session classes may not charge fees for any of the following:

(a) Instruction, registration or tuition, except as specified under sub. (1) (d).

(b) Books for indigent children residing in the school district.

(d) Buildings, maintenance or equipment.

(e) Courses credited for graduation.

(f) Computers or microfilm readers.

(4) A school district or county children with disabilities education board offering summer or interim session classes may not prohibit an eligible pupil from attending summer or interim session classes, expel or otherwise discipline the pupil, or withhold or reduce the pupil’s grades because the pupil or the pupil’s family cannot pay or has not paid fees charged under sub. (1).

Note: One available remedy for collecting a valid nonpaid fee is small claims court.

History

Cr. Register, May, 2000, No. 533, eff. 6-1-00; CR 15-038: am. (title), (1) (intro.), (2) (intro.), (b), (4) Register January 2016 No. 721, eff. 2-1-16.

Chapter PI 18 HIGH SCHOOL GRADUATION STANDARDS

Wis. Admin. Code § PI 18.01 Purpose and applicability {#sec-pi-18.01 omnilex-key=us-wi-regs-official--agency-pi--PI 18.01}

The purpose of this chapter is to establish course requirements to meet the graduation standards outlined in s. 118.33, Stats., including accommodations for pupils with exceptional educational interests, needs, or requirements; to establish procedures by which boards will submit reports describing the boards’ policies on high school graduation standards to the department; and to establish procedures by which those policies are certified by the board and reviewed by the state superintendent, and by which equivalent policies are approved by the state superintendent.

History

Cr. Register, January, 1985, No. 349, eff. 2-1-85.

Wis. Admin. Code § PI 18.02 Definitions {#sec-pi-18.02 omnilex-key=us-wi-regs-official--agency-pi--PI 18.02}

In this chapter:

(1) “Board” means the school board or board of education in charge of the schools of a school district.

(2) “Course” means study which has the fundamental purpose of developing the knowledge, concepts, and skills in a subject.

(3) “Credit” means the credit given for successful completion of a school term of study in one course in the high school grades that meets daily for a normal class period or the equivalent established by the board.

(4) “Department” means the department of public instruction.

(5) “Equivalent graduation policy” means a board policy which meets the credit requirements specified for each subject area, but which permits selected equivalent courses as long as such courses contain the time allotment and substantially the same objectives to develop the knowledge, concepts, and skills of the course for which an equivalent is proposed.

(6) “High school diploma” means a document granted by the board to a pupil upon successful completion of a high school program meeting the requirements outlined in this chapter and those requirements established by the board.

(7) “High school grades” means grades 9 through 12.

(7m) “Open campus” means a policy of allowing a pupil to leave the school premises during any class period solely because the pupil is not enrolled in a class during that class period.

(8) “Pupils with exceptional educational interests, needs, or requirements” includes children with exceptional educational needs as defined under s. 115.76 (3), Stats., gifted and talented children as determined by the board, limited-English speaking pupils as defined under s. 115.955, Stats., transfer pupils, pupils as provided in s. 118.15 (1) (d), Stats., and other pupils with unusual circumstances as established by local school board policy.

(9) “State superintendent” means the superintendent of public instruction for the state of Wisconsin.

(10) “Transfer pupils” means those pupils transferring during the high school grades from a private school as defined under s. 115.001 (3r), Stats., from a home-based private educational program as defined under s. 115.001 (3g), Stats., or from an out-of-state school.

(11) “Work release” means permitting pupils to leave the school premises solely for employment.

History

Cr. Register, January, 1985, No. 349, eff. 2-1-85; cr. (7m) and (11), am. (8), Register, July, 1987, No. 379, eff. 8-1-87; corrections in (10) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550.

Wis. Admin. Code § PI 18.03 High school graduation standards {#sec-pi-18.03 omnilex-key=us-wi-regs-official--agency-pi--PI 18.03}

(1) The English credits required under s. 118.33 (1) (a), Stats., shall incorporate instruction that reflects the integrated nature of the English language arts, including written communication, oral communication, grammar and usage of the English language, and literature.

(2) The social studies credits required under s. 118.33 (1) (a), Stats., shall incorporate instruction that reflects the integrated nature of social studies, including civics, state and local government, economics, geography, history, and the behavioral sciences.

(3) The mathematics credits required under s. 118.33 (1) (a), Stats., shall incorporate instruction in the mathematical practices and processes associated with algebra, functions, geometry, number and quantity, probability and statistics, and modeling.

(4) The science credits required under s. 118.33 (1) (a), Stats., shall incorporate instruction in both scientific content and practice.

(5) The physical education credits required under s. 118.33 (1) (a), Stats., shall incorporate instruction on a variety of motor skills and movement patterns, concept knowledge, health-related fitness, responsible personal and social behavior, and the value of physical activity.

(6) The health credits required under s. 118.33 (1) (a), Stats., shall incorporate instruction on core concepts and skill practice related to analyzing influences, accessing information, interpersonal communication, decision making, goal setting, self-management, and advocacy.

(7) The personal financial literacy credits required under s. 118.33 (1) (a), Stats., shall incorporate instruction in financial mindset, education and employment, money management, saving and investing, credit and debt, and risk management and insurance.

History

Cr. Register, January, 1985, No. 349, eff. 2-1-85; am. (1) (intro.), r. (1) (e), renum. (1) (a) to (d), (f) and (g) to be (1) (a) 1. to 5. and (b) and am. (b), Register, July, 1986, No. 367, eff. 8-1-86; CR 16-027: r. and recr. Register July 2016 No. 727, eff. 8-1-16; CR 24-075: cr. (7) Register May 2025 No. 833, eff. 6-1-25.

Wis. Admin. Code § PI 18.04 Accommodations for pupils with exceptional educational interests, needs, or requirements {#sec-pi-18.04 omnilex-key=us-wi-regs-official--agency-pi--PI 18.04}

Education programs for high school graduation may be provided to accommodate pupils with exceptional educational interests, needs, or requirements.

(1) Education programs to accommodate pupils with exceptional educational interests, needs, or requirements shall:

(a) State the specific nature of the exceptional educational interests, needs, or requirements;

(b) State how the proposed program will respond to the exceptional educational interests, needs, or requirements;

(2) Placement in a program under subch. V of ch. 115, Stats., meets the requirements in sub. (1).

(3) Programs to accommodate pupils with exceptional educational interests, needs, or requirements other than those under subch. V of ch. 115, Stats., shall be approved by the state superintendent.

(4) Successful completion of an education program under sub. (1) or (2) may result in issuance of a diploma.

History

Cr. Register, January, 1985, No. 349, eff. 2-1-85; corrections in (2) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; CR 16-027: am. (1) (c) Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § PI 18.05 Submission of high school graduation standards policies {#sec-pi-18.05 omnilex-key=us-wi-regs-official--agency-pi--PI 18.05}

(1) Each board operating a high school shall submit to the state superintendent, on forms provided by the department, a report describing the board’s high school graduation policies governing diplomas that shall be granted. Such policies shall include all of the following:

(a) The courses the board has approved as meeting the course requirements outlined in s. PI 18.03 including the course descriptions.

(b) The number of clock hours of instruction required to earn one credit in the courses the board has approved as meeting the course requirements outlined in s. PI 18.03.

(d) The activities approved by the board under s. 118.33 (1) (b), Stats. Open campus and work release may not be approved by a board under this section. A pupil’s employment during school hours may be approved if the employment is part of or related to the pupil’s instructional program; or if the employment is approved as an accommodation for a pupil with exceptional educational interests, needs, or requirements under s. PI 18.04.

Note: Form PI 1803, High School Graduation Standards Compliance Review, may be obtained at no charge from Department of Public Instruction, Division for Instructional Service, 125 South Webster Street, P. O. Box 7841, Madison, WI 53707.

(2) The board shall notify the state superintendent whenever changes are made in its high school graduation policy.

(3) The board shall certify to the state superintendent that its high school graduation policy is in compliance with the requirements under s. 118.33 (1), Stats., and this chapter; or the board shall request approval of its high school graduation policy as equivalent to the requirements under s. 118.33 (1), Stats. The state superintendent shall approve any board’s high school graduation policy that is equivalent to the requirements under s. 118.33 (1), Stats.

(4) The state superintendent may periodically review the boards’ high school graduation policies and shall notify any board not in compliance with the requirements in s. 118.33 (1), Stats., and this chapter. The state superintendent shall identify the changes necessary to achieve compliance.

History

Cr. Register, January, 1985, No. 349, eff. 2-1-85; am. (1) (intro), Register, July, 1986, No. 367, eff. 8-1-86; am. (1) (d), Register, July, 1987, No. 379, eff. 8-1-87; CR 16-027: am. (1) (a), (b) Register July 2016 No. 727, eff. 8-1-16; CR 17-053: am. (1), (3), r. (5) Register December 2017 No. 744 eff. 1-1-18.

Chapter PI 19 EDUCATION FOR SCHOOL AGE PARENTS

Wis. Admin. Code § PI 19.01 Applicability and purpose {#sec-pi-19.01 omnilex-key=us-wi-regs-official--agency-pi--PI 19.01}

This chapter establishes program approval criteria for school age parent programs.

History

Cr. Register, September, 1986, No. 369, eff. 10-1-86.

Wis. Admin. Code § PI 19.02 Definitions {#sec-pi-19.02 omnilex-key=us-wi-regs-official--agency-pi--PI 19.02}

In this chapter:

(1) “Board” means the school board in charge of the schools of a school district.

(2) “CESA” means a cooperative educational service agency under ch. 116, Stats.

(3) “Department” means the Wisconsin department of public instruction.

(4) “Parent” means mother, father, or legal guardian.

(5) “Program coordinator” means the person or persons designated by the board under s. PI 19.03 (1).

(6) “Pupil services personnel” means school psychologists, school social workers, and school counselors licensed under ch. PI 34 and registered nurses licensed through the department of safety and professional services employed by the school district or CESA.

(7) “School age parent” means any person under the age of 21 who is not a high school graduate and is a parent, an expectant parent or a person who has been pregnant within the immediately preceding 120 days. School age parent does not include any person whose parental rights have been terminated.

(8) “State superintendent” means the state superintendent of public instruction.

History

Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (6), Register, September, 1996, No. 489, eff. 10-1-96; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register June 2004 No. 582; correction in (6) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674.

Wis. Admin. Code § PI 19.03 Establishment of school age parent programs {#sec-pi-19.03 omnilex-key=us-wi-regs-official--agency-pi--PI 19.03}

Under s. 115.92, Stats., a board may establish a program for school age parents who are residents of the school district. A program may be operated by the board or under agreement with a CESA, or under s. 66.0301, Stats. The program shall meet the following requirements:

(1) The board shall designate a person or persons to coordinate the school age parent program.

(2) Each board establishing a program for school age parents shall have on file a written plan which includes a description of goals and objectives, staffing, implementation procedures, and local means of evaluating the program. The board shall ensure that the plan and program are in compliance with s. 118.13 (1), Stats., especially those provisions which prohibit discrimination on the basis of pregnancy or marital or parental status.

(4) All teachers and pupil services personnel in the school age parent program shall hold a Wisconsin license within their respective field of practice. All teachers and pupil services personnel providing instruction in the areas specified under sub. (6) (f), shall have earned at least 9 semester credits selected from the following:

(a) Infant and child care.

(b) Nutrition.

(d) Early childhood.

(e) Child or adolescent development.

(f) Maternal health and child care.

(g) Adolescent psychology.

(h) Family relationships.

(5) The pupil to teacher ratio in classes designed specifically for school age parents may not exceed 15 pupils to one teacher without prior department approval. Teacher aides may assist teachers in classrooms, in which case there may be 20 pupils for one teacher and one full-time teacher aide.

(6) The services provided include:

(a) Instruction in basic skills for academic subjects.

(b) Provision of social services to facilitate accessibility to needed resources.

(d) Provision of vocational guidance, career development, and education for employment activities.

(e) Information on related maternal and child health support systems and resources.

(f) Instruction in the following areas:

Prenatal and neonatal care.
Child development.
Infant and child care.
Nutrition.
Family planning including natural family planning.
Information on the options available and the procedures followed in independent and agency adoptions, including current practices regarding a birth parent’s involvement in the selection of an adoptive home and the sharing of information between birth parents and adoptive parents.
The impact of adoption on birth parents and children who have been adopted.
An explanation that the adoption process may be initiated even after a child has been born and has left the hospital.

(7) The program shall be designed to allow pupils enrolled to meet the high school graduation requirements under s. 118.33, Stats., and ch. PI 18.

(8) At least annually, the board shall evaluate the program for purposes of determining the effectiveness of the program and the need for modifications to the program. The evaluation shall examine the extent to which the following were accomplished:

(a) The stated goals and objectives of the program were met.

(b) Pupils in the program demonstrated satisfactory progress in basic skills acquisition and progress toward high school graduation under s. 118.33, Stats.

(c) Pupils in the program demonstrated a basic knowledge of maternal health practices, the acquisition of child care techniques, and family planning.

History

Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (3), (4) (intro.), (6) (intro.) and (9) (intro.), Register, September, 1996, No. 489, eff. 10-1-96; am. (3) and (6) (b), cr. (6) (f) 6. to 8., r. (8), renum. (9) to be (8), Register, May, 2000, No. 533, eff. 6-1-00; corrections in (intro.) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; CR 19-069: r. (3) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 19.04 Participation in school age parent programs {#sec-pi-19.04 omnilex-key=us-wi-regs-official--agency-pi--PI 19.04}

(1)

(a) A pupil or a pupil’s parent may request participation in the program through the program coordinator.

(b) A teacher, school nurse, school psychologist, school social worker, school counselor, administrator, or any other professional required to be licensed under s. 115.28 (7), Stats., who is employed by the school district and has reasonable cause to believe that a pupil is a school age parent shall, with permission of the pupil or a minor pupil’s parent, refer the pupil to the program coordinator.

(c) A physician, nurse, psychologist, social worker, counselor, teacher, administrator or professional employee of a public or private health or social service agency who has reason to believe that a pupil is a school age parent may, with permission of the pupil or a minor pupil’s parent, refer the pupil to the program coordinator.

(2) Prior to offering enrollment in the school age parent program, the program coordinator may:

(a) For female pupils, require medical verification of pregnancy or a birth certificate or other evidence which legally establishes parenthood.

(b) For male pupils, require evidence of paternity by one of the following methods:

Marriage.
Adoption.
Presumption of paternity under s. 891.41, Stats.
Determination of paternity under s. 767.80, Stats.

(3) Upon determination that a pupil is eligible to enroll in a school age parent program, the program coordinator shall inform the pupil that participation in the program is voluntary. Placement options may include any of the following:

(a) Continuation in the regular school program with supportive services provided by pupil services personnel;

(b) Attendance in an educational program designed specifically to meet the needs of the school age parent;

(c) Home study programs for school age mothers as provided under s. 118.15 (1) (d) 5., Stats., during pregnancy and in the 120 days immediately following pregnancy; and

(d) Hospital instruction for school age mothers during periods when the pupil is hospitalized both prior to and following delivery.

(e) Other programs and services which may be available to pupils identified as children at risk under s. 118.153, Stats.

(4) The program coordinator shall conduct a meeting to include the school age mother or the school age father or both; the parents of pupils who are under age 18; teachers; and pupil services personnel prior to a pupil’s entry into the program to discuss the following:

(a) Each pupil’s current educational program;

(b) Program modifications, if any, needed to accommodate the pupil’s pregnancy or child care requirements or to accommodate the pupil’s part-time job necessary to provide support for the child; and

(d) Placement options under sub. (3).

(5) The program coordinator shall outline each pupil’s educational and service program plan in writing. This plan shall have the written consent of the school age parent and the parent of the school age parent. If the pupil has reached the age of majority or is otherwise emancipated, parental consent is not required.

(6) When a pupil ceases his or her participation in the school age parent program prior to graduation from high school, the program coordinator shall develop a plan for the transition to the regular school program, if needed.

History

Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (2) (intro.), (3) (intro.) and (6), cr. (4) (d), Register, September, 1996, No. 489, eff. 10-1-96; correction in (2) (b) 4. made under s. 13.93 (2m) (b) 7., Stats., Register February 2012 No. 674; CR 26-006: am. (5) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 19.05 Reimbursement {#sec-pi-19.05 omnilex-key=us-wi-regs-official--agency-pi--PI 19.05}

Contingent upon receipt of the statement of receipts and disbursements under s. 115.92 (2), Stats., the state superintendent shall authorize reimbursement to the board, CESA, or fiscal agent for an agreement under s. 66.0301, Stats., for the following costs for school age parent programs:

(1) Salaries for instruction by teachers, instructional aides and pupil services personnel. Salaries for aides for home study programs are not reimbursable;

(2) Special transportation;

(3) Other expenses approved by the state superintendent.

History

Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (a), Register, September, 1996, No. 489, eff. 10-1-96; r. (2), renum. (1) to be (intro.), Register, May, 2000, No. 533, eff. 6-1-00; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; CR 19-069: am. (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 21-010: am. (intro.) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § PI 19.06 Department responsibilities {#sec-pi-19.06 omnilex-key=us-wi-regs-official--agency-pi--PI 19.06}

Under s. 115.355, Stats., the department shall annually and upon request disseminate to appropriate public school staff information about materials and services available through the state adoption center under s. 48.55, Stats., which may serve as resources for instruction on adoption for pupils in grades kindergarten through 12.

History

Cr. Register, May, 2000, No. 533, eff. 6-1-00; correction made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550.

Chapter PI 20 DISPOSITION OF FUNDS

Wis. Admin. Code § PI 20.01 Definitions {#sec-pi-20.01 omnilex-key=us-wi-regs-official--agency-pi--PI 20.01}

In this chapter:

(1) “Center” has the meaning given in s. 115.525 (1), Stats.

(2) “DECA” means Wisconsin DECA.

(3) “Department” means the department of public instruction.

(4) “FBLA” means Wisconsin Future Business Leaders of America.

(5) “FCCLA” means Wisconsin Family, Career, and Community Leaders of America.

(6) “FFA” means Wisconsin Association of FFA, Inc.

(7) “HOSA-Future Health Professionals” means Wisconsin Health Occupations Students of America-Future Health Professionals.

(8) “Program” has the meaning given in s. 115.52 (1), Stats.

(9) “SkillsUSA” means Wisconsin Association of SkillsUSA, Inc.

(10) “State superintendent” means the state superintendent of public instruction.

Note: Further information regarding individual statewide career and technical student organizations may be obtained from the Wisconsin department of public instruction’s webpage at https://dpi.wi.gov/cte/ctso.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87; CR 17-053: r. and recr. Register December 2017 No. 744 eff. 1-1-18.

Wis. Admin. Code § PI 20.02 Applicability and purpose {#sec-pi-20.02 omnilex-key=us-wi-regs-official--agency-pi--PI 20.02}

This chapter establishes procedures as authorized under s. 20.907 (5), Stats., for the handling of monies received and expended by the department in conjunction with student activities and gifts received for the benefit of students at the Wisconsin educational services program for the deaf and hard of hearing, the Wisconsin center for the blind and visually impaired, and statewide career and technical student organizations including, but not limited to, DECA, FBLA, FCCLA, FFA, HOSA-Future Health Professionals, and SkillsUSA.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87; CR 01-132: am. Register May 2002 No. 557, eff. 6-1-02; CR 17-053: am. Register December 2017 No. 744 eff. 1-1-18..

Wis. Admin. Code § PI 20.03 State superintendent responsibilities {#sec-pi-20.03 omnilex-key=us-wi-regs-official--agency-pi--PI 20.03}

(1) The state superintendent may receive and expend funds incident to carrying out the activities of statewide career and technical student organizations including, but not limited to, DECA, FBLA, FCCLA, FFA, HOSA-Future Health Professionals, and SkillsUSA.

(2) A separate checking account or accounts for funds described in sub. (1) shall be established by the director of the career and technical education team in a public depository as defined under s. 34.01 (5), Stats., with accrued interest added to the account.

Note: The state superintendent’s authority to administer the activities of career and technical student organizations is derived from the Carl D. Perkins Career and Technical Education Act at 20 USC 2344 (c) (4).

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87; CR 17-053: am. (1), (2) Register December 2017 No. 744 eff. 1-1-18.

(1) The directors of the Wisconsin educational services program for the deaf and hard of hearing and the Wisconsin center for the blind and visually impaired may receive and expend funds incident to:

(a) Funds received from parents for the use of students in residence.

(b) Gifts from the public or from specific activities carried out by individuals or organizations for the benefit of the students.

(c) Funds received from student organized social or business activities carried out with the approval of the directors of the respective program or center.

(2) A separate checking account or accounts for funds described in sub. (1) shall be established by the directors of the respective program or center in a public depository as defined under s. 34.01 (5), Stats., with accrued interest added to the account.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87; CR 01-132: am. (1) (intro.) Register May 2002 No. 557, eff. 6-1-02; CR 17-053: am. Register December 2017 No. 744 eff. 1-1-18.

Wis. Admin. Code § PI 20.05 Records {#sec-pi-20.05 omnilex-key=us-wi-regs-official--agency-pi--PI 20.05}

(1) Complete, accurate and auditable records of all accounts established under ss. PI 20.03 and 20.04 shall be maintained by the department.

(2) Records shall be established in accordance with generally accepted accounting, auditing, and internal control principles and practices.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87.

Chapter PI 21 DRIVER EDUCATION PROGRAMS

Wis. Admin. Code § PI 21.01 Applicability and purpose {#sec-pi-21.01 omnilex-key=us-wi-regs-official--agency-pi--PI 21.01}

This chapter establishes uniform marking standards for vehicles used as driver education vehicles pursuant to s. 341.267 (1) (b), Stats.; establishes minimum standards which all high school driver education programs must meet to obtain department approval under s. 343.06 (1) (c), Stats.; establishes standards for issuance of Wisconsin driver education certificates; and establishes minimum standards for driver education programs.

History

Cr. Register, May, 1986, No. 365, eff. 7-1-86; CR 06-092: am. Register December 2006 No. 612, eff. 1-1-07.

Wis. Admin. Code § PI 21.02 Definitions {#sec-pi-21.02 omnilex-key=us-wi-regs-official--agency-pi--PI 21.02}

In this chapter:

(1) “Behind-the-wheel instruction” means that portion of the driver education program in which the student is actually driving a vehicle.

(2) “CESA” means a cooperative educational service agency, under ch. 116, Stats.

(3) “CCDEB” means county children with disabilities education boards, under s. 115.817, Stats.

(4) “Classroom instruction” includes both individual or group teaching and learning activities which involve study of the inter-relationship of persons and the motor vehicle within the traffic environment.

(5) “Department” means the department of public instruction.

(6) “Laboratory instruction” means that portion of the program which provides students the opportunity for driving experiences and includes behind-the-wheel instruction, observation instruction, and simulation instruction.

(7) “Multiple-vehicle driving range instruction” or “range instruction” means that portion of the program on which the student is driving a vehicle on a designated off-street facility on which a number of motor vehicles operate simultaneously.

(8) “Observation instruction” means the instruction which occurs during the time a student is a passenger in a vehicle in which another student is receiving behind-the-wheel instruction.

(9) “On-street instruction” means that portion of the program in which a student is driving a vehicle on public streets or highways in a dual-controlled vehicle under the supervision of a driver education teacher, or is a passenger in the vehicle while another student is driving.

(10) “Private school” means an institution which operates a high school level educational program and meets the criteria under s. 118.165 (1), Stats., or has been determined to be a private school under s. 118.167, Stats.

(11) “Simulation instruction” means the use of synthetic training devices to prepare a student for driving a real motor vehicle.

(12) “TCS” means a technical college system district established under ch. 38, Stats.

History

Cr. Register, May, 1986, No. 364, eff. 7-1-86; correction in (12) made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1996, No. 483; CR 06-092: am. (3) Register December 2006 No. 612, eff. 1-1-07.

Wis. Admin. Code § PI 21.03 Uniform marking standards {#sec-pi-21.03 omnilex-key=us-wi-regs-official--agency-pi--PI 21.03}

(1) All motor vehicles used as driver education vehicles in programs operated by public school districts, private schools, CCDEBs, CESAs and TCSs shall be marked with signs as follows:

(a) The sign inscription shall read STUDENT DRIVER or DRIVER EDUCATION. The letters of the inscription shall be at least 2 inches in height and the inscription shall be visible from the front, back and both sides of the vehicle.

(b) The school shall choose one of the following combinations of size and type of signs:

Signs which are at least 9 inches by 18 inches placed on each side of the vehicle, and signs which are at least 6 inches by 12 inches placed on the front and rear of the vehicle;
Signs which are at least 9 inches by 18 inches placed on each side of the vehicle, and a 2-sided sign which is at least 9 inches by 18 inches placed on the roof of the vehicle; or
A 3-sided sign on which each side is at least 5 inches by 16 inches placed on the roof of the vehicle.

(2) The markings shall be removed when the vehicle is being operated for other than behind-the-wheel instruction or necessary maintenance and storage.

(3) The school’s name shall be on the sign. If the vehicle is a dealer-loan vehicle, the dealer’s name may be on the sign. The school’s name and dealer’s name may be in letters less than 2 inches in height.

History

Cr. Register, May, 1986, No. 365, eff. 7-1-86; correction in (1) (intro.) made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1996, No. 483; CR 06-092: am. (1) (intro.) Register December 2006 No. 612, eff. 1-1-07.

Wis. Admin. Code § PI 21.04 Minimum standards for department approval under s. 343.06 (1) (c), Stats {#sec-pi-21.04 omnilex-key=us-wi-regs-official--agency-pi--PI 21.04}

A public school, private school, CCDEB, or CESA driver education program is approved by the department under s. 343.06 (1) (c), Stats., if the program uses vehicles which meet the requirements of s. PI 21.03 and the program meets all of the following requirements:

(1) Course standards.

(a) A driver education course includes the following:

At least 30 hours of classroom instruction, including the requirements under s. 115.28 (11), Stats.
At least 6 hours of observation instruction, and
At least 6 hours of actual on-street behind-the-wheel instruction.

a. Multiple-vehicle driving range instruction may be substituted for up to 4 hours of the required 6 hours of on-street instruction using a formula that 2 hours of multiple-vehicle driving range instruction is equivalent to one hour of on-street instruction.

b. Simulation instruction may be substituted for up to 3 hours of the required 6 hours of on-street instruction using a formula that 4 hours of simulation instruction is equivalent to one hour of on-street instruction.

c. When both simulation and range laboratory instruction methods are used, the program must include at least 2 hours of actual on-street behind-the-wheel instruction.

(b) During the regular school year, the classroom course extends over at least 6 weeks for each student. During a summer school program, the classroom course extends over at least 3 weeks for each student.

(c) The on-street driving instruction extends over at least 3 weeks for each student. No student spends more than one hour per day actually behind-the-wheel in the on-street instruction. The one hour limitation does not include observation instruction.

(2) Refresher course. If more than one year and one month elapses between completion of the classroom instruction and commencement of the laboratory instruction, a refresher course of classroom instruction is required. The refresher course is at least 10 hours, and includes a course of study deemed appropriate by the school district.

(3) Teacher requirements. Teachers of the classroom instruction, simulation instruction, range instruction, and on-street instruction possess a valid license to teach driver education issued by the department as required in s. PI 34.080.

(4) required assurance. A public or private school, CCDEB, or CESA electronically submits to the department an assurance that its driver education course plan complies with the requirements of this section along with a list of its driver education instructors and their DPI teacher file numbers.

Note: Contact the Driver Education Program, Department of Public Instruction, P.O. Box 7841, 125 S. Webster Street, Madison, WI 53707-7841, for the current Internet address where a statement can be electronically submitted.

History

Cr. Register, May, 1986, No. 365, eff. 7-1-86; CR 06-092: am. (intro.), (1) (a) 1., (3) and (4), Register December 2006 No. 612, eff. 1-1-07; CR 13-083: am. (title), (intro.), (1) (a) (intro.), (b), (c), (2), (3), r. and recr. (4) Register May 2014 No. 701, eff. 6-1-14; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register January 2021 No. 781.

Chapter PI 22 PRECOLLEGE SCHOLARSHIPS

Wis. Admin. Code § PI 22.01 Purpose and applicability {#sec-pi-22.01 omnilex-key=us-wi-regs-official--agency-pi--PI 22.01}

The purpose of this chapter is to establish policies and procedures to meet the requirement that precollege scholarships, as authorized in s. 115.43, Stats., be awarded to economically disadvantaged pupils on a competitive basis and that criteria for the review and approval of applications for scholarships be established.

History

Cr. Register, April, 1986, No. 364, eff. 5-1-86; CR 09-011: am. Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § PI 22.02 Definitions {#sec-pi-22.02 omnilex-key=us-wi-regs-official--agency-pi--PI 22.02}

In this chapter:

(1) “Department” means the department of public instruction.

(2) “Economically disadvantaged pupil” means a pupil who is eligible for a free or reduced-priced lunch under 42 USC 1758 (b).

(3) “Postsecondary educational institutions” means the University of Wisconsin System campuses, private four-year colleges and universities in Wisconsin, and Wisconsin technical college institutions.

(4) “Precollege programs” means classes or programs designed by postsecondary educational institutions to improve pupils’ academic skills necessary for success in college and technical college studies.

(5) “Scholarship program” means the precollege scholarship program under s. 115.43, Stats.

(6) “State superintendent” means the superintendent of public instruction for the state of Wisconsin.

(7) “WEOP” or “Wisconsin educational opportunity program” means a program within the department which assists disadvantaged students to develop postsecondary school plans.

History

Cr. Register, April, 1986, No. 364, eff. 5-1-86; am. (2) and (4), Register, December, 1991, No. 432, eff. 1-1-92; corrections in (3) and (4) made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1996, No. 483; CR 09-011: am. (2) and (5) Register August 2009 No. 644, eff. 9-1-09; 2015 Wis. Act 330 s. 20: am. (3) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § PI 22.03 General {#sec-pi-22.03 omnilex-key=us-wi-regs-official--agency-pi--PI 22.03}

(1) The scholarship program shall provide scholarships for economically disadvantaged pupils to attend precollege programs.

(2) Economically disadvantaged pupils in grades 6 through 12 are eligible for these scholarships.

(3) The department shall collect data from the postsecondary educational institutions related to participants in the program.

History

Cr. Register, April, 1986, No. 364, eff. 5-1-86; CR 09-011: am. Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § PI 22.04 Criteria for the review and approval of precollege programs {#sec-pi-22.04 omnilex-key=us-wi-regs-official--agency-pi--PI 22.04}

(1) Postsecondary educational institutions under this chapter shall submit to the state superintendent proposals for precollege programs.

(2) Precollege programs shall include at least one of the following:

(a) Reinforcement in basic skills and competencies such as reading, writing, speaking, listening, mathematics, and reasoning.

(b) Reinforcement in skills and attitudes necessary for success in college and employment, including study skills, work habits, and instructor and employer expectations.

(c) Special experiences, such as computer camps, and workshops in science, mathematics, writing, reading, arts and humanities.

(d) Reinforcement in employability skills and attitudes.

(3) Precollege programs may also include other components, such as the following:

(a) Information on financial aids available to all pupils and to economically disadvantaged pupils in particular.

(b) Career guidance and counseling.

(d) Information on college application procedures.

(4) If upon review the state superintendent determines that a proposed precollege program meets the criteria specified in this section, the state superintendent may award scholarships to eligible pupils to attend the program.

History

Cr. Register, April, 1986, No. 364, eff. 5-1-86; CR 09-011: am. (title), (1) and (3) (a), cr. (4) Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § PI 22.05 Scholarship applications {#sec-pi-22.05 omnilex-key=us-wi-regs-official--agency-pi--PI 22.05}

(1) The department shall develop, in consultation with postsecondary school educational institutions, a scholarship application which shall include verification that the pupil is eligible for free or reduced-priced lunch.

Note: PI-1573, Precollege Scholarship Application, is available free of charge from WEOP, 125 South Webster Street, P.O. Box 7841, Madison, WI 53707 or http://dpi.wi.gov/sites/default/files/imce/forms/doc/f1573.doc.

(2) The department shall disseminate information and scholarship application forms to public and private middle schools, junior high schools and secondary schools, WEOP offices, tribal education offices and postsecondary educational institutions with precollege programs. Information and application forms shall be available to pupils from these schools and offices.

(3) Annually, the department shall establish deadlines for scholarship applications in consultation with school districts, colleges and universities.

(4) A pupil shall submit the scholarship application by the deadline under sub. (3) to a postsecondary educational institution that meets the requirements under s. PI 22.04.

History

Cr. Register, April, 1986, No. 364, eff. 5-1-86; CR 09-011: am. (1) and (2), r. and recr. (4) Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § PI 22.06 Scholarship awards {#sec-pi-22.06 omnilex-key=us-wi-regs-official--agency-pi--PI 22.06}

(1) Scholarship awards shall be made by the state superintendent.

(2) Scholarships shall be awarded to economically disadvantaged pupils and paid to the postsecondary educational institution providing the precollege program in which the pupil is enrolled.

(3) Reimbursement to the enrolling postsecondary educational institution shall be based on the number of pupils attending its precollege program who receive scholarships under this chapter.

(4) Eligible pupils may receive three scholarship awards per year contingent on the availability of scholarship funds.

(5) Scholarship awards may not exceed the cost of the precollege program which may include only tuition, books, supplies, and, if applicable, room and board.

History

Cr. Register, April, 1986, No. 364, eff. 5-1-86; am. (3), Register, December, 1991, No. 432, eff. 1-1-92; correction in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1996, No. 483; CR 09-011: r. and recr. (2) and (3), r. (4), (7) and (8), renum. (5) and (6) to be (4) and (5) and am. (4) Register August 2009 No. 644, eff. 9-1-09.

Chapter PI 23 ESEA INTRADISTRICT SAFE SCHOOL TRANSFER OPTIONS

Wis. Admin. Code § PI 23.01 Authority {#sec-pi-23.01 omnilex-key=us-wi-regs-official--agency-pi--PI 23.01}

This chapter is adopted under ss. 115.28 (9) and 227.11 (2) (a), Stats.

History

CR 02-151: cr. Register July 2003 No. 571, eff. 8-1-03.

Wis. Admin. Code § PI 23.02 Applicability and purpose {#sec-pi-23.02 omnilex-key=us-wi-regs-official--agency-pi--PI 23.02}

(1) Section 20 USC 7912 requires that each state receiving funds under the Elementary and Secondary Education Act of 1965 establish and implement a statewide policy requiring that pupils attending a persistently dangerous public school, or pupils who become victims of a violent criminal offense while in or on the grounds of a public school that they attend, be allowed to attend a safe public school operated by the local education agency, including a public charter school.

(2) This chapter establishes procedures for all of the following:

(a) Identification of persistently dangerous schools.

(b) Identification of victims of a violent criminal offense.

History

CR 02-151: cr. Register July 2003 No. 571, eff. 8-1-03.

Wis. Admin. Code § PI 23.03 Definitions {#sec-pi-23.03 omnilex-key=us-wi-regs-official--agency-pi--PI 23.03}

In this chapter:

(1) “Department” means the Wisconsin department of public instruction.

(2) “ESEA” means the federal Elementary and Secondary Education Act of 1965.

(3) “School board” has the meaning given in s. 115.001 (7), Stats.

(4) “School district” has the meaning given in s. 115.01 (3), Stats.

(5) “School hours” means the hours of a normal school day established by a school board under s. 120.12 (15), Stats.

(6) “Victim” means a person who is the subject of a violent criminal offense.

(7) “Violent criminal offense” means a crime specified in the appendix to this chapter.

History

CR 02-151: cr. Register July 2003 No. 571, eff. 8-1-03.

Wis. Admin. Code § PI 23.04 ESEA intradistrict safe school transfer options {#sec-pi-23.04 omnilex-key=us-wi-regs-official--agency-pi--PI 23.04}

The school board of a school shall allow a pupil to attend another appropriate grade level public school operated by the school district, including a public charter school, if either of the following applies to the pupil:

(1) The pupil attends a school identified as persistently dangerous by the department under s. PI 23.05 (1).

(2) The pupil has been a victim of a violent criminal offense as specified under s. PI 23.06.

History

CR 02-151: cr. Register July 2003 No. 571, eff. 8-1-03.

Wis. Admin. Code § PI 23.05 Persistently dangerous schools {#sec-pi-23.05 omnilex-key=us-wi-regs-official--agency-pi--PI 23.05}

(1) The department shall identify persistently dangerous schools using data collected through the school performance report under s. 115.38 (1) (b) 2., Stats., and upon review of information submitted under sub. (3). If the department determines the school is persistently dangerous, it shall notify the school board of the school in writing within 30 days of receiving the information under sub. (3). The department’s decision under this section shall be final.

Note: The department’s decision is final but does not preclude possible review under subch. III of ch. 227, Stats.

(2) A school may be considered persistently dangerous if the school performance reports under s. 115.38 (1) (b) 2., Stats., indicates that the school meets one of the following criteria:

(a) In each of the 3 school years that immediately precede the current school year, weapon-related suspensions at the school in a school year are greater than 5% of the number of pupils enrolled in the school.

(b) In each of the 3 school years that immediately precede the current school year, the greater of either of the following occurred:

The school board of the school expelled in a school year at least 1% of the pupils enrolled in the school for assault, endangering behavior or weapons-related offenses.
The school board of the school expelled in a school year 5 or more pupils enrolled in the school for assault, endangering behavior or weapons-related offenses.

(3) The department shall notify in writing the school board of the school that meets the criteria under sub. (2) that the school may be considered persistently dangerous. The notice under this subsection shall be given within 30 days after receiving the data under s. 115.38 (1) (b) 2., Stats. A school board that receives a notice under this subsection shall submit all of the following information to the department within 30 days of receiving the notice:

(a) The school’s safety plan.

(b) Local efforts to address the school’s safety concerns.

(c) Current data the school may have available that is deemed relevant by the school board that is not reflected in the school performance report.

(d) Other information deemed relevant by the department, upon the department’s request.

(4) A school board that has received a notice under sub. (1) shall do all of the following:

(a) Within 10 working days of receiving the notice under sub. (1), notify in writing the parents or guardians of the pupils attending the school that it has been identified as persistently dangerous. The notice shall include an offer to pupils attending the school to transfer to another appropriate grade level public school operated by the school district, including a public charter school.

(b) Within 30 working days of receiving the notice under sub. (1), complete the transfer for those pupils who accept the offer under par. (a).

(c) Within 30 working days of receiving the notice under sub. (1), submit a corrective action plan to the department. Corrective action activities may include, but are not limited to, any of the following:

Providing additional personnel to supervise children.
Providing conflict resolution instructional programs.
Collaborating with local law enforcement agencies.
Providing school discipline enforcement training for school staff.
Providing additional security measures.

(5) If a school has been identified as persistently dangerous under sub. (1) in the previous school year, the department shall review the school’s performance report data within 30 days after receiving the data under s. 115.38 (1) (b) 2., Stats., and shall request updated information under sub. (3) within 30 days of receiving this updated information. The department shall notify the school that it is no longer considered persistently dangerous if it meets both of the following criteria:

(a) The school no longer meets the criteria specified under sub. (2).

(b) The department has determined the school is no longer persistently dangerous based on a review of updated information submitted under sub. (3).

History

CR 02-151: cr. Register July 2003 No. 571, eff. 8-1-03.

Wis. Admin. Code § PI 23.06 Victims of a violent criminal offense {#sec-pi-23.06 omnilex-key=us-wi-regs-official--agency-pi--PI 23.06}

(1) A pupil may transfer to another appropriate grade level public school operated by the school district if the pupil has been a victim of a violent criminal offense under either of the following circumstances and reports the incident to the appropriate law enforcement agency and to the building principal:

(a) The pupil has been a victim of a violent criminal offense while on the school grounds of the school that the pupil attends during school hours or during a school-sponsored event at the school that the pupil attends that does not occur during school hours.

(b) The pupil has been a victim of a violent criminal offense while being transported to school for the purpose of attending curricular programs during school hours or from school to home immediately following school hours on a school bus owned, leased, or contracted by the school district or by a motor vehicle operated as an alternative method of transportation under s. 121.555, Stats. For a pupil who has been a victim of a violent criminal offense while being transported to or from a school by a common carrier in a school district providing transportation under s. 121.54 (1), Stats., transfer decisions under this section shall be made by the school board or the school board’s designee on a case-by-case basis.

Note: The department also encourages school boards and the community to promote safe pedestrian pathways for pupils walking to school for the purpose of attending curricular programs during school hours or from school to home immediately following school hours.

(2) A school board or the school board’s designee that has a pupil who meets the provisions under sub. (1) shall do all of the following:

(a) Within 10 working days of the incident being reported under sub. (1), do all of the following:

Determine, in consultation with law enforcement officers if necessary, if the incident is a violent criminal offense.
Notify in writing the parents or guardians of the pupil of the choice to transfer to another appropriate grade level public school operated by the school district, including a public charter school if the incident is determined to be a violent criminal offense.

(b) Within 30 working days of the pupil accepting the offer under par. (a) 2., complete the transfer.

(3) A school board does not have to allow a pupil under sub. (1) to transfer to another school if the pupil was a victim of a violent criminal offense under any of the following circumstances:

(a) While away from the school the pupil attends but during a school sponsored activity or field trip.

(b) While traveling on the school bus to or from a school-sponsored activity or field trip.

(c) While on school grounds of the school the pupil attends but not during school hours or during a school-sponsored event.

Note: Federal law does not require a criminal conviction to qualify a pupil as a victim, 20 USC 7912. Accordingly, the determination by the school board or its designee about whether a violent criminal offense has been committed under the statutory definitions found within Wisconsin’s criminal code is not an adjudication of the elements of a crime, as found under Wisconsin law, but rather a determination by the school board or its designee about the nature of the alleged conduct at issue. This determination by the school board or its designee will be based upon the reports it receives from law enforcement and other school authorities, including the building principal.

Note: The transfer provision in this chapter only applies if the district has another appropriate grade level public school, including a public charter school. However, the U. S. Department of Education’s Guidance encourages, but does not require, school districts to explore other appropriate options such as an agreement with a neighboring school district to accept transfer pupils if there is not another school in the school district for the transferring pupils.

History

CR 02-151: cr. Register July 2003 No. 571, eff. 8-1-03; CR 26-006: am. (1) (intro.), (3) (a), (c) Register July 2026 No. 847 No. 8-1-26.

Chapter PI 24 STATE AID FOR ACHIEVEMENT GUARANTEE CONTRACTS AND PARTIAL DEBT SERVICE REIMBURSEMENT

Subchapter I General Provisions

Wis. Admin. Code § PI 24.01 Definitions {#sec-pi-24.01 omnilex-key=us-wi-regs-official--agency-pi--PI 24.01}

In this chapter:

(1) “Department” means the Wisconsin department of public instruction.

(2) “SAGE” means the student achievement guarantee in education program created under s. 118.43, Stats.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; emerg. r. (3), eff. 12-20-04; CR 04-129: r. (3) Register June 2005 No. 594, eff. 7-1-05.

Subchapter II Aid Payment

Wis. Admin. Code § PI 24.015 Definitions {#sec-pi-24.015 omnilex-key=us-wi-regs-official--agency-pi--PI 24.015}

In this subchapter:

(1) “Aid” or “appropriation” means funds available for the SAGE program and for school districts with Achievement Gap Reduction contracts under s. 20.255 (2) (cu), Stats., minus the amount needed for the evaluation under s. 118.44 (7), Stats.

(2) “Eligible school” means a school within a public school district whose board has entered into or renewed a contract under s. 118.43 or 118.44, Stats.

(3) “Kindergarten” means 5-year-old kindergarten.

(4) “Low income” has the meaning defined under ss. 118.43 (1) (b) and 118.44 (1) (c), Stats.

(5) “Low-income status” means the economic status of a child’s family on or after the third Friday in September.

(6) “Pupils enrolled” has the meaning defined under s. 121.004 (7), Stats.

History

CR 04-129: cr. Register June 2005 No. 594, eff. 7-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-038: am. (1), (2), (4) Register October 2017 No. 742, eff. 11-1-17.

Wis. Admin. Code § PI 24.02 Purpose {#sec-pi-24.02 omnilex-key=us-wi-regs-official--agency-pi--PI 24.02}

Under ss. 118.43 (6m) and 118.44 (6) (e), Stats., the department is required to promulgate rules to implement and administer the payment of aid under this subchapter. The department shall calculate and pay aid to school districts as provided in ss. 118.43 (6) (b) 11. and 118.44 (6) (bm), Stats. This subchapter sets forth requirements for collecting data and paying aid under ss. 118.43 (6) and 118.44 (6), Stats.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; emerg. r. and recr. eff. 12-20-04; CR 04-129: r. and recr. Register June 2005 No. 594, eff. 7-1-05; CR 16-038: am. Register October 2017 No. 742, eff. 11-1-17.

Wis. Admin. Code § PI 24.03 Calculation and payment of aid {#sec-pi-24.03 omnilex-key=us-wi-regs-official--agency-pi--PI 24.03}

(1) Aid calculation. The department shall calculate the amount of aid to be paid in each school year to the school district of each eligible school. The amount appropriated under s. 20.255 (2) (cu), Stats., as noted in s. 118.44 (6) (bm), Stats., shall be divided by the sum of low-income pupils in the state enrolled in a grade eligible for funding reported by each eligible school to determine the amount of aid generated by each low-income pupil. The amount generated by each low-income pupil shall be multiplied by the sum of low-income pupils within a school district enrolled in a grade eligible for funding in each eligible school of a school district to determine the amount of aid to be paid to the school district.

(2) Payment of SAGE and achievement gap reduction aid. The department shall pay aid 3 times during the school year on the third Monday in November, the third Monday in February, and the second Monday in June upon the school district meeting the reporting requirements specified under the contract.

(2m) Cease payments for contract withdrawal. Aid for schools that withdraw from a contract under s. 118.43 or 118.44, Stats., at any point during the school year will be recalculated to reflect the portion of the school year that the eligible school was under a contract under s. 118.43 or 118.44, Stats. The withdrawing school will receive payment of a prorated amount per day that the school was operating under a contract under s. 118.43 or 118.44, Stats. The funds that would have otherwise been paid to a school district that withdraws from a contract shall be recalculated as defined under sub. (1) and disbursed proportionately to all remaining eligible schools with contracts under s. 118.43 or 118.44, Stats.

(4) Low-Income pupil enrollment.

(a) Except as provided in par. (b), in the aid calculation under sub. (1), the department shall use the sum of low-income pupils in a grade eligible for funding in the eligible school on the third Friday in September of the previous school year, as reported by the school district pursuant to s. 121.05 (1) (a), Stats.

(b) An eligible school that has an increase in enrollment of 25 percent or more between the third Friday in September of the previous school year and the third Friday in September of the current school year may report to the department the number of low-income pupils eligible for funding in the eligible school on the third Friday in September of the current school year. When a report is made under this paragraph, the department may use the number provided under this paragraph in the aid calculation under sub. (1).

Note: SAGE ENT, the SAGE low-income report form, and AGR ENT, the Achievement Gap Reduction low-income report form, may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 or online at https://dpi.wi.gov/sage/forms.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; emerg. r. and recr. eff. 12-20-04; CR 04-129: r. and recr. Register June 2005 No. 594, eff. 7-1-05; CR 16-038: renum. (1) (a) 1. to (1) and am., r. (1) (a) 2., 3., (b), (c), am. (2) (title), cr. (2m), consol. (3) (intro.) and (a) and renum. to (3) and am., r. (3) (b), (c) Register October 2017 No. 742, eff. 11-1-17; CR 22-006: r. (3), cr. (4) Register July 2022 No. 799, eff. 8-1-22; CR 26-006: am. (1) Register July 2026 No. 847, eff. 8-1-26.

Subchapter III State Aid For Debt Service

Wis. Admin. Code § PI 24.05 Purpose {#sec-pi-24.05 omnilex-key=us-wi-regs-official--agency-pi--PI 24.05}

Under s. 118.43 (8), Stats., beginning in the 2000-01 school year, a school district under s. PI 24.06 is eligible for an aid payment equal to 20% of the district’s annual debt service on bonds approved by referendum prior to June 30, 2001 where a portion of the bond proceeds is to be used to fulfill a contract under s. 118.43, Stats. This subchapter sets forth criteria and procedures for awarding state aid for SAGE related debt service.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PI 24.06 Eligible applicants and program requirements {#sec-pi-24.06 omnilex-key=us-wi-regs-official--agency-pi--PI 24.06}

(1) A school district other than a school district under ch. 119, Stats., shall meet all of the following requirements to receive an amount equal to 20% of the annual SAGE related debt service cost on bonds:

(a) On or after October 29, 1999, the school board shall adopt an initial resolution under s. 67.05 (6a), Stats., for issuance of bonds where the purpose for borrowing includes providing funds for classroom expansion necessary to fulfill a contract under s. 118.43, Stats. The school board shall submit a copy of the resolution to the department as required under s. 120.115 (1) (a), Stats. The resolution shall include all of the following:

The total amount to be borrowed.
The amount of borrowing proceeds that will be used for SAGE classroom expansion.

(b) A copy of the resolution submitted under par. (a) shall be accompanied by a statement signed by the school board president and school board clerk on a form provided by the department identifying the amount of the bond proceeds that are required for SAGE classroom expansion by construction or renovation and the related furnishing and equipping of the classroom. The department shall approve or disapprove the amount identified as being necessary to fulfill a contract under s. 118.43, Stats. Before making a decision regarding approval or disapproval of the amount, the department may require the district to furnish additional documentation from a 3rd party as to the reasonableness of the amount identified for SAGE purposes. The department shall issue a decision in writing to the school district after receiving all requested information within 10 working days of receipt of the information.

Note: PI-7205 SAGE Classroom Expansion, Application for State Aid, may be obtained at no charge from the Department of Public Instruction, P. O. Box 7841, Madison, WI 53707-7841.

(c) Within 10 days after holding the referendum authorizing the school district to incur debt on the initial resolution, the school board shall notify the department of the approval or rejection of the referendum as required under s. 120.115 (1) (b), Stats.

(d) Within 10 days after adopting or revising a schedule for the payment of debt service under this subchapter, the school board shall submit the schedule to the department.

(2) If an initial resolution was adopted on or after October 29, 1999 but did not meet the requirements under sub. (1), the school board may adopt a supplemental resolution prior to the referendum election to amend the initial resolution to fulfill the requirements of sub. (1) and of s. 67.05 (6a), Stats.

(3) A school board shall hold a referendum before June 30, 2001, in order to receive aid under this subchapter.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § PI 24.07 Payment of debt aid {#sec-pi-24.07 omnilex-key=us-wi-regs-official--agency-pi--PI 24.07}

(1) The department shall make an aid payment on a current fiscal year basis to the district in an amount equal to 20% of the SAGE portion of the debt service payment, excluding any payments required on bond anticipation notes. The department shall develop a proration formula if adequate funds are not available by dividing the SAGE portion of the district’s annual debt service payment by the sum total of the SAGE portion of all participating SAGE school district’s annual debt service payments and multiplying the result by the appropriation under s. 20.255 (2) (cs), Stats.

(2) The department shall calculate the SAGE portion of debt payment as the percentage of the original amount approved for SAGE purposes under s. PI 24.06 (1) (a) 2. to the total amount borrowed under s. PI 24.06 (1) (a) 1., multiplied by the annual debt service payment.

(3) The department may not pay aid to school districts under this subchapter for SAGE related school district referenda held on or after June 30, 2001.

(4) The department may not pay aid to school districts under this subchapter if the school district does not comply with the requirements under this subchapter.

(5) The school district shall certify to the department annually, on a form provided by the department, all of the following:

(a) Debt service payments eligible for aid under this subchapter for the current fiscal year.

(b) The amount identified under s. PI 24.06 (1) (a) 2. was expended for SAGE classroom expansion purposes and no other purpose. No annual aid payment shall be made to the school district until the department receives this certification. The school board president and school board clerk shall sign this attestation.

Note: PI-7206 SAGE Classroom Expansion, State Aid Claim, may be obtained at no charge from the Department of Public Instruction, P. O. Box 7841, Madison, WI 53707-7841.

(6) The school district under this subchapter shall record payments received as revenue in the district’s general fund.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Chapter PI 25 CHILDREN AT RISK PLAN AND PROGRAM

Wis. Admin. Code § PI 25.01 Applicability and purpose {#sec-pi-25.01 omnilex-key=us-wi-regs-official--agency-pi--PI 25.01}

(1) Under s. 118.153 (2) (a), Stats., every school board shall identify the children at risk of not graduating from high school who are enrolled in the school district and annually by August 15 develop a plan describing how the school board will meet their needs. Under s. 118.153 (3) (a), Stats., every board that applies for aid under this section shall make available programs to serve children at risk. This chapter defines children at risk, establishes criteria for school boards to consider when developing children at risk plans and sets forth the requirements for receipt of additional state aid in those school districts eligible under s. 118.153 (4) (b), Stats.

(2) The requirements under ss. PI 25.03, 25.04, 25.05 and 25.07 apply to all school districts in the state; s. PI 25.06 contains additional requirements which apply only to school districts operating under ch. 119, Stats.

History

Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 01-119: am. (1) Register May 2002 No. 557, eff. 6-1-02.

Wis. Admin. Code § PI 25.02 Definitions {#sec-pi-25.02 omnilex-key=us-wi-regs-official--agency-pi--PI 25.02}

In this chapter:

(1) “Adjudicated delinquent” means delinquent as defined under s. 938.02 (3m), Stats.

(2) “Alternative education program” means those programs as defined under s. 115.28 (7) (e) 1., Stats.

(3) “Basic skills,” for purposes of determining whether a pupil is a child at risk of not graduating from high school, means achievement in reading or mathematics or both.

(4) “Board” means the school board in charge of the public schools in the district.

(5) “Ceased to attend” means that a pupil has been absent without acceptable excuse under ss. 118.15 (1) (b) to (d) or (3), and 118.16 (4), Stats., for 20 consecutive school days and has not formally withdrawn from school.

(6) “Children at risk” or “at risk” means pupils in grades 5 to 12 who are at risk of not graduating from high school because they are dropouts, or are two or more of the following:

(a) One or more years behind their age group in the number of high school credits attained.

(b) Two or more years behind their age group in basic skill levels.

(d) Parents.

(e) Adjudicated delinquents.

(f) Eighth grade pupils whose score in each subject area on the examination administered under s. 118.30 (1m) (am) 1., Stats., was below the basic level, eighth grade pupils who failed the examination under s. 118.30 (1m) (am) 2., Stats., and eighth grade pupils who failed to be promoted to the ninth grade.

(7) “Contract” means a written agreement between a board and a private, nonprofit, nonsectarian agency for the purpose of providing services to children at risk.

(8) “Department” means the Wisconsin department of public instruction.

(9) “Dropout,” for purposes of determining whether a pupil is a child at risk of not graduating from high school, means a pupil who:

(a) Has ceased to attend school; and

(b) Does not attend a public, private, or technical college system district school or home-based private educational program under s. 118.15 (4), Stats., on a full-time basis; and

(c) Has not graduated from high school, and does not have an acceptable excuse under ss. 118.15 (1) (b) to (d) or (3), and 118.16 (4), Stats.

(10) “Parent” means mother, father, or legal guardian.

(11) “Private program” means a program operated by a nonsectarian, nonprofit private school or agency.

(12) “Private school” has the meaning described in s. 118.165, Stats.

(13) “Program” means an organized and structured activity or set of activities which constitute one or more components of a comprehensive curriculum plan for the school year including the pupil services normally provided by a school.

(14) “Pupil attendance rate” means the rate obtained by dividing the aggregate number of full-time equivalent days of actual pupil attendance, by the aggregate number of full-time equivalent days on which the individual pupil was enrolled.

(15) “School-age parents” has the meaning given in s. 115.91, Stats.

(16) “Standardized achievement test” means a published, nationally normed test which provides a valid and reliable measure of a pupil’s present achievement level in comparison with age or grade level cohorts.

(17) “State superintendent” means the state superintendent of public instruction.

History

Cr. Register, October, 1994, No. 466, eff. 11-1-94; correction in (9) (b) made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1996, No. 483; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; CR 01-119: am. (1), (2), (3), and (9) (intro.) and r. and recr. (6) Register May 2002 No. 557, eff. 6-1-02; CR 03-103: am. (6) Register March 2004 No. 579, eff. 4-1-04.

Wis. Admin. Code § PI 25.03 Identification of children at risk of not graduating from high school and children at risk plan {#sec-pi-25.03 omnilex-key=us-wi-regs-official--agency-pi--PI 25.03}

(1) Annually by August 15, each board shall develop a district plan that identifies the process for determining if a pupil is at risk. In determining whether a pupil is behind the pupil’s age group in the number of high school credits attained or is 2 or more years behind the pupil’s age group in basic skill levels, a board shall use all of the following criteria:

(a) A pupil shall be determined to be behind in the pupil’s age group in the number of high school credits attained if a pupil in grades 9 through 12 falls 3 or more credits behind in progress toward graduation.

(b) A pupil shall be determined to be 2 or more years behind the pupil’s age group in basic skill levels based on a board approved plan of formal and informal assessment, consistent with the district’s objectives in mathematics and reading identified in the curriculum plan under s. PI 8.01 (2) (k).

(2) As part of the district plan developed under sub. (1), each board shall describe how the board will identify and meet the needs of the children identified to be at risk. A board, when developing a plan under this section, may consider the following:

(a) How pupils will be identified and enrolled in programs or provided services to meet their needs.

(b) How pupils may be identified in early childhood and kindergarten through grade 4 and what programs may be offered to prevent pupils from becoming at risk.

(d) What accommodations can be made to support pupils’ achievement and success in school through any of the following:

Curriculum modifications.
Adaptive instructional strategies.
Alternative education programs.
Pupil support services.
School to work programs.
Community services.
Coordinating services provided by the district, community, agencies, and other organizations.
Eliminating systemic barriers that may cause pupils’ success at school to become at risk.

(e) How the district will evaluate the success of services provided under the plan.

Note: The number of dropouts and the percentage in grades 9-12 is collected as part of the School Performance Report. A copy of the report format may be obtained at no charge from the Department of Public Instruction, Division for Libraries, Technology and Community Learning, P.O. Box 7841, Madison, WI 53707-7841.

History

Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 01-119: am. (1) (intro.), (a), and (2) (intro.) and cr. (2) (e) Register May 2002 No. 557, eff. 6-1-02; CR 26-006: am. (1) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 25.04 General requirements for school boards {#sec-pi-25.04 omnilex-key=us-wi-regs-official--agency-pi--PI 25.04}

Each board that has identified children at risk under s. PI 25.03 shall provide for all of the following:

(1) Designate a staff person who will be responsible for developing the district plan required under s. 118.153 (2) (a), Stats.

(3) Provide that all work-based learning experiences and other similar programs and activities taking place outside the school for which pupils receive academic credit under the district plan, including those programs or curriculum modifications authorized under s. 118.15 (1) (d), Stats., and instruction and pupil support services contracted for under s. 118.153 (3) (c) 1. and 2., Stats., are supervised by departmentally licensed teachers or other licensed school personnel.

(4) Ensure that in grades 9 through 12 curriculum modifications and alternative education programs provided for children at risk are designed to allow pupils to meet the high school graduation requirements under s. 118.33, Stats., and ch. PI 18.

(5) Notify each pupil and the pupil’s parent in writing whenever the pupil has been identified as a child at risk. The notice shall include all of the following:

(a) The name and telephone number of a person the parent or pupil can contact regarding the school district’s program.

(b) A description of the district’s plan.

(d) A description of the at risk programs available and how the pupil may participate in a specific program if more than one program is offered as part of the district plan.

(e) A statement to inform the parent that the parent may select one or more programs in which the pupil will be enrolled, if the pupil meets the prerequisites for the specific program requested.

(f) Describe the procedure for requesting that the pupil be enrolled in the specific at risk program selected by the parent. The request shall be in writing, by signature on a district-provided form, or be given verbally to the person responsible for enrolling the pupil in the program. This person shall record the date and time of a verbal request and whether this request was made in person or by phone.

(g) Identify the process that a parent may use if the parent disagrees with the planned services.

(6) Enroll the pupil in the at risk program upon the request of the pupil or the pupil’s parent. If the board makes available more than one at risk program, the board shall enroll the pupil in the district program selected by the pupil or the pupil’s parent if the pupil meets the prerequisites for that program.

(7) Ensure that the special education and related services needs of a child with a disability, as defined in s. 115.76 (5), Stats., are first addressed in the child’s individualized education program developed pursuant to s. 115.787, Stats., whenever that child is also eligible to be served in a children at risk program.

History

Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 01-119: renum. (1), (a), (b), (c), (d), and (e) to be (intro.), (1), (3), (4), (5) and (7) and am. (1), (3), (4), (5), and (7), cr. (6), r. (2) Register May 2002 No. 557, eff. 6-1-02; CR 26-006: am. (5) (intro.), (e) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 25.05 Provisions applicable to private contracting {#sec-pi-25.05 omnilex-key=us-wi-regs-official--agency-pi--PI 25.05}

(1) The board of a school district may contract with private, nonprofit, nonsectarian agencies to provide programs for children at risk if the board determines that the agencies can adequately serve such children. A board contracting under this section shall take all of the following actions:

(a) Determine and list in writing appropriate private, nonprofit, nonsectarian agencies located in the school district or within 5 miles of the boundaries of the school district.

(b) Ensure that all instruction and pupil support services offered in contracted programs for children at risk are provided by one of the following:

Departmentally licensed professional staff members described in s. 121.02 (1) (a), Stats.
Persons licensed by other recognized professional or trade associations who provide specialized instruction or related education services.
Persons who are supervised by departmentally licensed professional staff.

(c) Pay each contracting agency, for each full-time equivalent pupil served under the contract, an amount equal to at least 80% of the school district’s average per pupil cost.

(d) Establish procedures with each contracting agency for the agency to provide all of the following information:

Staff qualifications.
Curriculum modifications and alternative education programs to be provided.
How pupil performance will be evaluated, including grading criteria, procedures for granting academic credit, and testing for progress in reading and mathematics skills areas.
Pupil attendance and retention rates.

(e) Develop a procedure for communication and cooperation with the contracting agencies in meeting the needs of pupils served under this section.

(2) Pupils served under this section who receive high school diplomas may not be counted in meeting the conditions under s. PI 25.07 (1) (b) unless the pupil met high school graduation requirements under s. 118.33, Stats., or completed a program under s. 118.33 (2) (m), Stats.

History

Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 01-119: am. (1) (b) 2., (c), (d) 1. to 4., (e) and (2) Register May 2002 No. 557, eff. 6-1-02; CR 03-103 am. (2) Register March 2004 No. 579, eff. 4-1-04; CR 13-115: am. (1) (intro.) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § PI 25.06 Special provisions applicable to a first class city school system {#sec-pi-25.06 omnilex-key=us-wi-regs-official--agency-pi--PI 25.06}

The school board of the school district operating under ch. 119, Stats., shall ensure all of the following:

(1) If there is no space for a pupil in a specific children at risk program provided under the board’s plan, the board shall place the pupil’s name on a waiting list for that program and offer the pupil a comparable alternative education program for children at risk until space in the requested program becomes available.

(2) That there are at least 30 pupils and no more than 250 pupils in each program and that a separate administrator or teacher is in charge of each program.

History

Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 01-119: r. (3) Register May 2002 No. 557, eff. 6-1-02; CR 02-107: am. (2), Register November 2002 No. 563, eff. 12-1-02.

Wis. Admin. Code § PI 25.07 State financial aid and annual reports {#sec-pi-25.07 omnilex-key=us-wi-regs-official--agency-pi--PI 25.07}

(1) State financial aid.

(a) If, in the previous school year, a school district had 30 or more dropouts or a dropout rate exceeding 5% of its total high school enrollment, the board may apply to the state superintendent for aid under this section.

(b) School districts shall receive additional state aid under s. 118.153 (4) (b), Stats., if the state superintendent determines from the report required under sub. (2) that any three of the following conditions have been met by each pupil enrolled in the children at risk program:

The pupil’s attendance rate was at least 70%.
The pupil remained in school through the end of the school year.
The pupil, if a high school senior, received a high school diploma.
The pupil earned at least 4.5 academic credits or a prorated number of credits if the pupil was enrolled in the program for less than the entire school year.
The pupil demonstrated, on standardized tests or other appropriate measures, gain in reading and mathematics commensurate with the duration of the pupil’s enrollment in the program.

(2) Annual reports.

(a) Under s. 118.153 (4), Stats., a board that qualified for aid under this section in the previous school year shall submit an annual report by August 31 to the state superintendent. The annual report on the program for children at risk shall include all of the following information concerning pupils served in the program:

The number of pupils, by grade level, who were identified as children at risk, who requested enrollment in the program for children at risk, and who were enrolled in the program for children at risk.
The number of pupils who met or exceeded the pupil attendance rate of 70%.
The number of pupils who remained in school through the end of the school year.
The number of pupils, if high school seniors, who received a high school diploma.
The number of pupils who earned at least 4.5 academic credits or a prorated number of credits if the pupils were enrolled in the program for less than the entire school year.
The number of pupils who demonstrated, on standardized tests or other appropriate measures, a gain in reading and mathematics commensurate with the duration of enrollment in the program.
The total number of pupils who achieved at least 3 objectives under sub. (1) (b).

(b) The district shall maintain records which will substantiate the information reported in the annual report as may be required under this section.

Note: Form Pl 2375. Annual Report for Children At Risk Program, may be obtained at no charge from the Department of Public Instruction, Division for Academic Excellence, P.O. Box 7841, Madison, WI 53707.

History

Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 01-119: r. (1) (b), renum. (1) (c) to be (1) (b), am. (1) (b) 3., 5., (2) (a) (intro.), 2., 3., 4., 6., and 7. Register May 2002 No. 557, eff. 6-1-02; CR 02-107: am. (1) (a), Register November 2002 No. 563, eff. 12-1-02; CR 03-103: am. (1) (b) 3. and (2) (a) 4. Register March 2004 No. 579, eff. 4-1-04; CR 26-006: am. (1) (b) 5. Register July 2026 No. 847, eff. 8-1-26.

Chapter PI 26 EDUCATION FOR EMPLOYMENT PLANS AND PROGRAM

Wis. Admin. Code § PI 26.01 Applicability and purpose {#sec-pi-26.01 omnilex-key=us-wi-regs-official--agency-pi--PI 26.01}

(1) Under s. 121.02 (1) (m), Stats., every school board shall provide access to an education for employment program approved by the state superintendent. Under s. 115.28 (59), Stats., the state superintendent shall ensure that every school board is providing academic and career planning services to pupils enrolled in grades 6 to 12 in the school district beginning in the 2017-18 school year.

(2) This chapter establishes the requirements for education for employment programs. The purpose of education for employment programs is to do all of the following:

(a) Prepare elementary and secondary pupils for future employment.

(b) Ensure technological literacy; to promote lifelong learning.

(d) Promote cooperation among business, industry, labor, postsecondary schools, and public schools.

(e) Establish a role for public schools in the economic development of Wisconsin.

(3) The purpose of academic and career planning services is to assist pupils with planning and preparing for opportunities after graduating from high school. These opportunities may include postsecondary education and training that leads to careers. This chapter describes school districts’ academic and career planning responsibilities while allowing school districts to determine how they meet those responsibilities.

History

CR 15-025: cr. Register November 2015 No. 719, eff. 12-1-15.

Wis. Admin. Code § PI 26.02 Definitions {#sec-pi-26.02 omnilex-key=us-wi-regs-official--agency-pi--PI 26.02}

In this chapter:

(1) “Academic and career plan” means a comprehensive plan developed and maintained by a pupil that includes the pupil’s academic, career, personal, and social goals and the means by which the pupil will achieve those goals both before and after high school graduation.

(2) “Academic and career planning services” means the activities, instruction, resources, and opportunities provided by a school district to assist a pupil with developing and implementing an academic and career plan.

(3) “Academic and career planning software tool” means the computer software program procured by the department under s. 115.28 (59) (b), Stats., to provide academic and career planning services, or a similar computer software program that allows pupils to download their academic and career plan.

(4) “Child with a disability” has the meaning given in s. 115.76 (5), Stats.

(5) “Department” means the Wisconsin department of public instruction.

(6) “Education for employment program” means the program under s. 121.02 (1) (m), Stats.

(7) “Individualized education program” has the meaning given in s. 115.76 (9), Stats.

(8) “Parent” includes a guardian.

(9) “Pupil postsecondary outcomes” means the activities a pupil pursues after high school graduation, which may include: pursuing postsecondary education and training, including at a technical college, college, or university; entering the workforce; serving in the armed forces: or undertaking other personal growth and development activities.

(10) “School board” has the meaning given in s. 115.001 (7), Stats.

(11) “State superintendent” means the state superintendent of public instruction.

History

CR 15-025: cr. Register November 2015 No. 719, eff. 12-1-15.

Wis. Admin. Code § PI 26.03 Education for employment program {#sec-pi-26.03 omnilex-key=us-wi-regs-official--agency-pi--PI 26.03}

(1) An education for employment program shall include a long-range plan approved by the school board and developed by a team of school district staff and community stakeholders, which may include businesses, postsecondary education institutions, and workforce development organizations. The long-range plan shall include all of the following:

(a) An analysis of local, regional, and state labor market needs and the educational and training requirements for occupations that will fill those needs.

(b) A process used to engage parents in academic and career planning. The process shall do all of the following:

Inform parents in each school year about what academic and career planning services their child receives.
Provide parents with multiple opportunities during each school year to participate in their child’s academic and career planning.
Update parents throughout the school year on the progress of their child’s academic and career planning.

How, in each year of the plan, the school district will support pupils in academic and career planning, including meeting the requirements under subs. (2) and (3).
The career and technical education provided in the school district.
The professional development provided to staff to assist staff with delivering academic and career planning services to pupils in grades 6 to 12.
How the education for employment program will meet the requirements of s. 121.02 (1) (m), Stats.

(d) A strategy to engage businesses, postsecondary education institutions, and workforce development organizations in implementing the education for employment program.

(2) An education for employment program shall provide pupils with information and opportunities that lead to all of the following:

(a) Career awareness at the elementary grade levels, including developing an understanding of the following:

Why people work.
The kinds of conditions under which people work.
The levels of training and education needed for work.
Common expectations for employees in the workplace.
How expectations at school are related to expectations in the world of work.

(b) Career exploration at the middle school grade levels, including developing an understanding of the continuum of careers across work environments, duties, and responsibilities and how a pupil’s personal interests and skills relate to those careers. Career exploration may also include work-based learning experiences and career research identifying personal preferences in relation to occupations and careers pupils may pursue.

Conducting career research to identify personal preferences in relation to specific occupations.
School-supervised, work-based learning experiences.
Instruction in career decision making.
Instruction that provides for the practical application of academic skills, applied technologies, economics, including entrepreneurship education and personal financial literacy.
Pupil access to career and technical education programs, including programs at technical colleges.
Pupil access to accurate national, regional, and state labor market information, including labor market supply and demand.
Instruction and experience in developing and refining the skills and behaviors needed by pupils to obtain and retain employment.

(3) Beginning in the 2017-18 school year, an education for employment program shall provide pupils in grades 6 to 12 with academic and career planning services, including providing each pupil with all of the following:

(a) Individualized support, appropriate to the pupil’s needs, from school district staff to assist with completing and annually updating an academic career plan.

(b) If a pupil is a child with a disability, the pupil’s academic and career plan shall be made available to the pupil’s individual education program team. The pupil’s individualized education program team may, if appropriate, take the pupil’s academic and career plan into account when developing the pupil’s transition services under s. 115.787 (2) (g), Stats.

(c) Access to an academic and career planning software tool that allows pupils to engage in career exploration and career planning and preparation.

(d) Access to a formal process for connecting pupils to teachers and other school staff for assistance with the development and implementation of each pupil’s academic and career plan.

History

CR 15-025: cr. Register November 2015 No. 719, eff. 12-1-15.

Wis. Admin. Code § PI 26.04 General requirements for school boards {#sec-pi-26.04 omnilex-key=us-wi-regs-official--agency-pi--PI 26.04}

The school board shall do the following:

(1) Indicate on a pupil’s transcript the name of each course completed by the pupil, the number of high school credits earned for each course, whether a course is eligible for postsecondary credit, and, if applicable, a course’s participating postsecondary institution.

(2) Annually review and, if necessary, update the long-range plan and education for employment program under s. PI 26.03. This review shall evaluate pupil postsecondary outcomes. At the conclusion of the review, the school board shall prepare a report on the school district’s education for employment program. The report shall describe the education for employment program’s current progress and future goals related to improving pupil postsecondary outcomes.

(3) Publish its long-range plan under s. PI 26.03 (1) and the report under sub. (2) on the school district’s website.

(4) Annually notify parents of its education for employment program. The notice shall inform parents of the information and opportunities available to pupils under s. PI 26.03 (2) and (3), including the availability of programs at technical colleges.

History

CR 15-025: cr. Register November 2015 No. 719, eff. 12-1-15; correction in (4) made under s. 35.17, Stats., Register November 2015 No. 719.

Wis. Admin. Code § PI 26.05 Program approval {#sec-pi-26.05 omnilex-key=us-wi-regs-official--agency-pi--PI 26.05}

A program shall be approved by the state superintendent as long as the program complies with all of the requirements of this chapter and ss. 115.28 (59) and 121.02 (1) (m), Stats.

History

CR 15-025: cr. Register November 2015 No. 719, eff. 12-1-15.

Chapter PI 27 COMMENCEMENT OF SCHOOL TERM

Wis. Admin. Code § PI 27.01 Applicability and purpose {#sec-pi-27.01 omnilex-key=us-wi-regs-official--agency-pi--PI 27.01}

This chapter establishes procedures for school boards to use in requesting that a school term commence prior to September 1 as provided for under s. 118.045, Stats. This chapter also establishes criteria used in determining whether an extraordinary reason exists for granting such a request.

History

CR 01-130: cr. Register April 2002 No. 556, eff. 5-1-02.

Wis. Admin. Code § PI 27.02 Definitions {#sec-pi-27.02 omnilex-key=us-wi-regs-official--agency-pi--PI 27.02}

In this chapter:

(1) “Department” means the Wisconsin department of public instruction.

(2) “Forces of nature" means an event that is outside the control of the school board and could not be avoided with the exercise of due care.

(2m) “International baccalaureate program” means a pre-university course of study authorized by a high school’s registration with the international baccalaureate organization, a non-profit educational organization founded in 1968 and operating out of Geneva, Switzerland, that includes a standardized curriculum and a mandatory standardized examination schedule, as required by that sponsoring organization.

(3) “School board” has the meaning defined in s. 115.001 (7), Stats.

(4) “School term” means the time commencing with the first school day and ending with the last school day that the schools of a school district are in operation for attendance of pupils in a school year, other than for the operation of summer classes.

(5) “Year-round school” means a school term with an academic program calendar that does not have more than 45 calendar days between consecutive sessions during which hours of direct pupil instruction are counted to meet the requirement in s. 121.02 (1) (f), Stats.

History

CR 01-130: cr. Register April 2002 No. 556, eff. 5-1-02; CR 03-112: cr. (2m) Register July 2004 No. 583, eff. 8-1-04; CR 24-026: am. (2), cr. (5) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 27.03 Commencement of school term {#sec-pi-27.03 omnilex-key=us-wi-regs-official--agency-pi--PI 27.03}

(1) Except as specified under subs. (2) and (3), no public school may commence a school term until September 1.

(2) The provisions in this chapter do not prohibit a school board from doing any of the following:

(a) Holding athletic contests or practices before September 1.

(b) Scheduling in-service days or work days before September 1.

(c) Offering specialized programming for pupils before September 1. Specialized programming allows pupils to engage in specific activities such as gifted and talented classes, remedial education, migrant programs, or the early college credit program. In addition, new learning strategies to address a school in need of improvement under s. 115.38 (4), Stats., may be considered specialized programming. While this provision allows certain activities for targeted groups of pupils to begin before September 1, it does not allow the school board to officially begin its school term before September 1.

(d) Holding year-round school.

(3)

(a) A school board may commence a school term prior to September 1, if it submits a written request to the department under sub. (4) asking for an earlier school commencement date, and such request is granted by the department. The request shall be submitted annually by February 1 prior to the beginning of the school term.

(b) If an unforeseen event occurs after February 1, a school board may submit a written request for an earlier commencement date under par. (a) at the earliest possible time following the unforeseen event and prior to the beginning of the school term. For the purpose of this paragraph, “unforeseen event” means major construction projects that cause the school term to be altered and necessitate an earlier start date for the entire district under sub. (5) (b), or a closure of school due to forces of nature, code violations, or environmental orders under sub. (5) (c).

(4) The request under sub. (3) shall be adopted as a written resolution by the school board at a school board meeting that complies with the open meetings law under ss. 19.83 and 19.84, Stats. The request and resolution shall include all of the following:

(a) The reasons for, and any other relevant facts relating to, the request for an earlier school commencement date.

(b) If a written request is made after the February 1 deadline under sub. (3) (b), when the unforeseen event which led to the written request took place, and any additional relevant facts regarding the unforeseen event which led to the request.

(5) The department may grant a request only if it determines that there are extraordinary reasons for granting the request, and, in the case of written requests made after the February 1 deadline under sub. (3) (b), that the request was untimely due to an unforeseen event. For the purpose of this subsection, “extraordinary reasons” include any of the following:

(b) Major construction projects that cause the school term to be altered and necessitate an earlier commencement date for the entire district.

(d) Excessive costs associated with the transportation of pupils who attend private schools that have a school commencement date prior to September 1. If an earlier commencement date is requested under this paragraph, the school board shall provide sufficient documentation to establish that it has made a good faith effort to work with the private schools to coordinate a school commencement date on or after September 1.

(e) Participation by a high school in the international baccalaureate program with more than 75% of the 11th and 12th grade pupils enrolled in the high school also being enrolled in one or more of the courses that are offered under the international baccalaureate program, if all of the following conditions are met:

The pupils in the school district are given the option of enrolling in another high school in the school district that is not subject to a request for an early commencement date.
The request applies only to the high school that is participating in the international baccalaureate program and not to any other elementary, middle, junior high, or high schools operated by the school district.

(f)

Notwithstanding subd. 3., a determination by the school board that an earlier school commencement date will result in an improvement in an identifiable outcome using publicly available data related to any of the following:

a. Student graduation rates.

b. Reading proficiency, as measured by reading readiness scores under s. 118.016, Stats., and mathematics proficiency.

c. Student attendance or absenteeism.

d. Coordination between universities, technical colleges, and school districts related to dual or concurrent enrollment and other educational programming.

a. A school board that is granted an earlier school commencement date under this paragraph shall publicly report its progress toward the identified outcome during the school year for which the earlier school commencement date was granted.

b. A school board requesting an earlier school commencement date for the school year immediately following a school year for which an earlier school commencement date was granted shall include documentation of its publicly reported progress toward the identified outcome as part of its request.

No more than 15 percent of school districts statewide may be granted an earlier school commencement date for a given school year under this paragraph. If the number of school districts submitting requests that meet the requirements of this paragraph exceeds this limit, the department shall determine which school districts receive an earlier school commencement date through a random selection process conducted by the department.

(6)

(a) The department shall make its determination in writing as to whether an extraordinary reason exists and shall notify the school board of its determination. The determination shall be based on the information provided by the school board and any other information received by the department.

(am) If a request is made after the February 1 deadline under sub. (3) (b), and the department determines the request was not made as a direct result of the unforeseen event cited in the request, the department shall determine that an extraordinary reason does not exist.

(b) At any time prior to the issuance of a final determination, the school board may withdraw its request.

History

CR 01-130: cr. Register April 2002 No. 556, eff. 5-1-02; CR 03-112: cr. (5) (e) Register July 2004 No. 583, eff. 8-1-04; CR 17-053: am. (1), (3) (a), r. (3) (b) 1., renum. (3) (b) 2. to (3) (b) and am., r. (5) (a) Register December 2017 No. 744 eff. 1-1-18; CR 19-069: am. (2) (c) Register February 2020 No. 770, eff. 3-1-20; CR 24-026: am. (2) (d), (3), (4) (a), (b), (5) (intro.), (b) to (d), (e) 1., cr. (5) (f), (6) (am) Register July 2026 No. 847, eff. 8-1-26; correction in (5) (f) 1. (intro.) made under s. 13.92 (4) (b) 7., Stats., Register August 2026 No. 848.

Wis. Admin. Code § PI 27.04 Reporting requirements {#sec-pi-27.04 omnilex-key=us-wi-regs-official--agency-pi--PI 27.04}

The state superintendent shall provide, annually by November 1, a report on the operation of the rule to the assembly committee having jurisdiction over tourism and the senate committee having jurisdiction over education. The report shall include the following information:

(1) The districts that made a request.

(2) The extraordinary reason cited for each request.

(3) The department’s determination and the reasons for granting or denying each request.

(4) The nature and extent of information from non-school board sources received by the department under s. PI 27.03 (6) (a).

History

CR 01-130: cr. Register April 2002 No. 556, eff. 5-1-02.

Chapter PI 30 SPECIAL EDUCATION AID

Subchapter I General Provisions

Wis. Admin. Code § PI 30.01 Purpose {#sec-pi-30.01 omnilex-key=us-wi-regs-official--agency-pi--PI 30.01}

This chapter establishes criteria for awarding special education aid under ch. 115, Stats.

History

CR 06-098: cr. Register May 2007 No. 617, eff. 6-1-07; EmR0816: emerg. am. eff. 5-30-08; CR 08-052: am. Register December 2008 No. 636, eff. 1-1-09.

Wis. Admin. Code § PI 30.02 Definitions {#sec-pi-30.02 omnilex-key=us-wi-regs-official--agency-pi--PI 30.02}

In this chapter:

(1) “Aid eligible” means either a cost that is eligible for reimbursement directly to the applicant under s. 115.88, 115.93, or 118.255, Stats., or a cost that is contracted from another agency, eligible for reimbursement to that agency under s. 115.88, 115.93, or 118.255, Stats., and for which a rebate under s. 121.76 (2) (c), Stats. is due to the applicant.

(2) “Applicant” means a school district, cooperative educational service agency, county children with disabilities education board, or operator of a charter school established under s. 118.40 (2r) or (2x), Stats.

(3) “Child” means one specific child with disabilities served by the applicant, having an individualized education program and receiving special education and related services.

(4) “Department” means the department of public instruction.

(5) “Depreciation” means 20 percent of the original acquisition and setup cost of an item of equipment used by a child or program during the school year in which it was purchased or in any of the four subsequent school years, whether the item was purchased with cash or the proceeds of a capital lease, and provided that the item has been used exclusively for the provision of special education and related services since its acquisition.

(6) “Equipment” means vehicles or other items of movable property with a unit cost of $5,000 or more and an expected service life of more than one year.

(7) “Extended school year” means required special education and related services provided at no cost beyond the limits of the school term in accordance with the child’s individualized education program.

(8) “Federal medicaid” means the total amount of claims for services provided to the child during the school year under subch. IV of ch. 49, Stats., and s. DHS 107.36 that have been or will be submitted by the applicant to the department of health services.

(9) “FTE” means the average fraction of a school day during which a child is enrolled in a placement or served by a program, such that 1.0 is a full school day.

(10) “Grant funded” means an expenditure that is reimbursed under 20 USC 1400 et seq. or by a private gift or grant specified for that expenditure.

(11) “Nonadministrative costs” means the costs of providing special education and related services to an individual child with disabilities, excluding clerical or administrative costs. Excluded clerical or administrative costs include salaries and fringe benefits of principals, special education directors or pupil services directors, and costs related to the documentation and management of individualized education programs or caseloads.

(12) “Placement” means the enrollment of a child by an entity other than the applicant, to whom the applicant pays tuition and other costs of special education and related services.

(13) “Program” means one of the following:

(a) A program of special education and related services for the child and other children identified with the same disability-related needs.

(b) A cross categorical program that includes instruction by an educator licensed under s. PI 34.049.

(d) An early childhood program for the child and other children with disabilities 3 years of age or older who, if enrolled by a school district, would be eligible to be counted under s. 121.004 (7) (d), Stats.

(14) “Purchased services” means contracted instructional, professional, and technical services, and rental of equipment.

(15) “Open enrollment revenue” means a transfer amount for the actual costs of providing special education and related services to a nonresident child enrolled under s. 118.51, Stats.

(16) “Special education fund” means a fund or cost center used to account for the applicant’s excess costs of providing special education and related services.

(17) “Specified services” means nursing, social work, psychology, guidance counseling, speech-language pathology, and audiology.

(18) “State superintendent” means the superintendent of public instruction.

(19) “Student information system” means the system established by the department under s. 115.383 (1), Stats.

(20) “Supplies” means consumable items and other movable property not defined as equipment under sub. (6).

(21) “Threshold” means the dollar amount in excess of which an applicant is paid under s. 115.881 (2), Stats., for the costs of providing special education and related services to a child.

(22) “Transportation” means special or additional transportation as defined under s. 115.88 (2m) (a), Stats.

History

CR 06-098: cr. Register May 2007 No. 617, eff. 6-1-07; EmR0816: emerg. cr. (7), eff. 5-30-08; CR 08-052: cr. (7) Register December 2008 No. 636, eff. 1-1-09; CR 16-056: r. (1), (2) Register April 2017 No. 736, eff. 5-1-17; CR 19-147: r. and recr. Register May 2020 No. 773, eff. 6-1-20; correction in (8), (13) (b), (20) made under s. 35.17, Stats., Register May 2020 No. 773.

Subchapter II Additional (High Cost) Special Education Aid

Wis. Admin. Code § PI 30.03 Purpose and construction {#sec-pi-30.03 omnilex-key=us-wi-regs-official--agency-pi--PI 30.03}

(1) This subchapter specifies the method to determine the nonadministrative costs for providing special education and related services to a child under s. 115.881 (2), Stats.

(2) To the extent feasible, this subchapter shall be construed such that the nonadministrative costs for providing special education and related services to a child are determined in a manner consistent with subch. V of ch. 121, Stats.

History

CR 19-147: cr. Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 30.04 Application for reimbursement {#sec-pi-30.04 omnilex-key=us-wi-regs-official--agency-pi--PI 30.04}

(1) An applicant shall apply for reimbursement under s. 115.881, Stats. on a form specified by the department, which shall include each child for whom the applicant believes it has incurred nonadministrative costs for providing special education and related services that are eligible for reimbursement.

(2) The applicant shall identify the following nonadministrative costs incurred by the applicant in its special education fund during the school year:

(a) The costs of salary and fringe benefits, purchased services, placement, transportation, supplies, depreciation, and extended school year that are particular to each child, specifying the portions of those costs that are aid eligible and grant funded.

(b) The costs of salary and fringe benefits, purchased services, transportation, supplies, and depreciation that are particular to each program, specifying the portions of those costs that are aid eligible and grant funded.

(c) The costs of salary and fringe benefits, purchased services, and supplies for the provision of specified services, specifying the portions of those costs that are aid eligible and grant funded.

(3) The applicant may not identify a cost under more than one of sub. (2) (a), (b), or (c).

(4) If a cost includes both nonadministrative and clerical or administrative components which cannot be separated, then the nonadministrative component to be identified under sub. (2) is 90 percent of that cost.

(5) The applicant shall identify for each child:

(a) The identifying number for the child in the student information system.

(b) The program or programs that served the child and the number of days and the FTE the child was served by each.

(6) The applicant shall identify for each program the total number of days and the FTE for all the children with disabilities served by that program.

History

CR 19-147: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (3) made under s. 35.17, Stats., Register May 2020 No. 773.

Wis. Admin. Code § PI 30.05 Determination of costs {#sec-pi-30.05 omnilex-key=us-wi-regs-official--agency-pi--PI 30.05}

(1) The department shall determine the following:

(a) The total number of days of enrollment for each child identified by the applicant, using data reported and certified in the student information system.

(b) The total number of days of enrollment for all children with disabilities enrolled by the applicant, using data reported and certified in the student information system.

(c) A rate for each program, calculated by dividing its costs by the product of the total number of days and the FTE of all the children with disabilities that it served, specifying the portions of the rate that are aid eligible and grant funded.

(d) A rate for specified services, calculated by dividing their costs by the number of days of enrollment for all children with disabilities, specifying the portions of the rate that are aid eligible and grant funded.

(e) The rate at which costs eligible under s. 115.88, Stats., are reimbursed from the funds appropriated under s. 20.255 (2) (b), Stats.

(2) The total nonadministrative costs for providing special education and related services to a child are the sum of:

(a) The amount identified for costs particular to the child;

(b) For each program that served the child, the rate under s. PI 30.05 (1) (c) multiplied by the product of the number of days and the FTE that the child was served; and

(c) For specified services, the rate under s. PI 30.05 (1) (d) multiplied by the total number of days of enrollment for the child.

(3) The nonadministrative costs for providing special education and related services to a child that are eligible for reimbursement under s. 115.88, 115.93, or 118.255, Stats., 20 USC 1400 et seq., or federal medicaid are the sum of:

(a) The amount reimbursed under s. 115.88, 115.93, or 118.255, which is calculated as follows:

Take the sum of:

a. The amount of aid eligible costs particular to the child;

b. For each program that served the child, the aid eligible portion of the rate under s. PI 30.05 (1) (c) multiplied by the product of the number of days and the FTE that the child was served; and

c. For specified services, the aid eligible portion of the rate under s. PI 30.05 (1) (d) multiplied by the total number of days of enrollment for the child.

Multiply the sum calculated under subd. 1. by the rate determined under sub. (1) (e).

(b) The amount reimbursed under 20 USC 1400 et seq., which is the sum of:

The amount of grant funded costs particular to the child;
For each program that served the child, the grant funded portion of the rate under s. PI 30.05 (1) (c) multiplied by the product of the number of days and the FTE that the child was served; and
For specified services, the grant funded portion of the rate under s. PI 30.05 (1) (d) multiplied by the total number of days of enrollment for the child.

(d) The amount of open enrollment revenue for the child.

(4) The nonadministrative costs for providing special education and related services to a child under s. 115.881 (1), Stats., that are not eligible for reimbursement under s. 115.88, 115.93, or 118.255, Stats., 20 USC 1400 et seq., or federal medicaid are:

(a) The difference between the total calculated under sub. (2) and the threshold, if positive;

(b) Minus the difference between the amount eligible for reimbursement calculated under sub. (3) and the threshold, if positive.

History

CR 19-147: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (2) (b), (c), (3) (a) 1. b., c., 2., (b) 2., 3., made under s. 35.17, Stats., Register May 2020 No. 773.

Subchapter III Special Education Aid for the Salaries of Certain Pupil Services Personnel

Wis. Admin. Code § PI 30.06 Purpose {#sec-pi-30.06 omnilex-key=us-wi-regs-official--agency-pi--PI 30.06}

This subchapter establishes the percentage of the salaries of certain pupil services personnel that may be certified under s. 115.88 (1m) (a), Stats., as costs eligible for reimbursement pursuant to s. 115.88 (1m) (b), Stats.

History

EmR0816: emerg. cr. eff. 5-30-08; CR 08-052: cr. Register December 2008 No. 636, eff. 1-1-09; correction made under s. 13.92 (4) (b) 7., Stats., register December 2018 No. 756.

Wis. Admin. Code § PI 30.07 Percentage of salaries for reimbursement {#sec-pi-30.07 omnilex-key=us-wi-regs-official--agency-pi--PI 30.07}

(1) Under s. 115.88 (1m) (a) and (b), Stats., the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, school district, and operator of a charter school established under s. 118.40 (2r) or (2x), Stats., maintaining a special education program, if the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with applicable state and federal law, for costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b), Stats. These costs include the percentage of the salaries of personnel established under sub. (2).

(2) The percentage of the salaries that may be certified as costs eligible for reimbursement for pupil services personnel under s. 115.88 (1m) (b), Stats., are as follows:

(a) School nurses; 29 percent.

(b) School social workers; 59 percent.

(d) School counselors; 10 percent.

(3) If the funds appropriated under s. 20.255 (2), Stats., are insufficient to fully reimburse eligible costs under sub. (2), the reimbursement of those costs shall be prorated.

History

EmR0816: emerg. cr. eff. 5-30-08; CR 08-052: cr. Register December 2008 No. 636, eff. 1-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 19-147: am. (1) Register May 2020 No. 773, eff. 6-1-20; CR 26-006: am. (1) Register July 2026 No. 847, eff. 8-1-26.

Chapter PI 31 AID FOR SCHOOL MENTAL HEALTH PROGRAMS

Wis. Admin. Code § PI 31.01 Purpose {#sec-pi-31.01 omnilex-key=us-wi-regs-official--agency-pi--PI 31.01}

This chapter sets forth procedures for the payment of aid for school mental health programs as allowed in s. 115.364, Stats.

History

EmR1903: emerg. cr. eff. 1-19-19; CR 18-084: cr. Register May 2019 No. 761, eff. 6-1-19.

Wis. Admin. Code § PI 31.02 Definitions {#sec-pi-31.02 omnilex-key=us-wi-regs-official--agency-pi--PI 31.02}

In this chapter:

(1) “Department” means the Wisconsin department of public instruction.

(2) “Eligible independent charter school” has the meaning given under s. 115.364 (1) (a), Stats.

(3) “Eligible private school” has the meaning given under s. 115.364 (1) (am), Stats.

(4) “Eligible school district” has the meaning given under s. 115.364 (1) (b), Stats.

(5) “Entity” means an eligible independent charter school, eligible private school, or eligible school district.

(6) “Expenditures” means the salary and fringe benefits an entity pays to employ, hire, or retain a social worker or the costs to contract for the services of a social worker.

(7) “Social worker” means an individual licensed as a school social worker by the department of public instruction under s. PI 34.062 or an individual licensed or certified as a social worker by the marriage and family therapy, professional counseling, and social work examining board under s. 457.08 (2) to (4), Stats.

(8) “School year” has the meaning given under s. 115.001 (13), Stats.

History

EmR1909: emerg. cr. eff. 1-19-19; CR 18-084: cr. Register May 2019 No. 761, eff. 6-1-19.

Wis. Admin. Code § PI 31.03 Eligible expenditures {#sec-pi-31.03 omnilex-key=us-wi-regs-official--agency-pi--PI 31.03}

The state superintendent shall do all of the following when determining an entity’s expenditures under s. 115.364 (2), Stats.:

(1) Only reimburse an entity for an increase in its expenditures in the prior school year compared to the immediately preceding school year.

(2) When determining an eligible school district’s expenditures, only reimburse for increased expenditures recorded.

History

EmR1909: emerg. cr. eff. 1-19-19; CR 18-084: cr. Register May 2019 No. 761, eff. 6-1-19.

Wis. Admin. Code § PI 31.04 Reporting {#sec-pi-31.04 omnilex-key=us-wi-regs-official--agency-pi--PI 31.04}

An entity shall submit a request for reimbursement by submitting a form provided by the department.

Note: The claim for reimbursement form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at https://dpi.wi.gov/sspw/mental-health/aid-school-mental-health-programs.

History

EmR1909: emerg. cr. eff. 1-19-19; CR 18-084: cr. Register May 2019 No. 761, eff. 6-1-19.

Wis. Admin. Code § PI 33.01 Purpose {#sec-pi-33.01 omnilex-key=us-wi-regs-official--agency-pi--PI 33.01}

This chapter establishes procedures and requirements for 2 or more school districts to enter into a whole grade sharing agreement under s. 118.50, Stats.

History

CR 17-054: cr. Register January 2018 No. 745, eff. 2-1-18.

Wis. Admin. Code § PI 33.02 Definitions {#sec-pi-33.02 omnilex-key=us-wi-regs-official--agency-pi--PI 33.02}

In this chapter:

(1) “Department” means the Wisconsin department of public instruction.

(2) “District of attendance” means a school district, other than a pupil’s district of residence, that the pupil is attending under a whole grade sharing agreement.

(3) “District of residence” means the school district in which a pupil resides.

(4) “Participating pupil” means a pupil attending a district of attendance under a whole grade sharing agreement.

(5) “Pupil records” has the meaning given in s. 118.125 (1) (d), Stats.

(6) “School board” has the meaning given in s. 115.001 (7), Stats.

(7) “School district” has the meaning given in s. 115.01 (3), Stats.

(8) “School year” has the meaning given in s. 115.001 (13), Stats.

(9) “Whole grade sharing agreement” means an agreement under s. 118.50, Stats., entered into between 2 or more school districts.

History

CR 17-054: cr. Register January 2018 No. 745, eff. 2-1-18.

Wis. Admin. Code § PI 33.03 Substantial enrollment {#sec-pi-33.03 omnilex-key=us-wi-regs-official--agency-pi--PI 33.03}

In order to meet the requirement to enroll a substantial portion of the pupils in one or more grades for a substantial portion of a school day under s. 118.50 (1) (intro.), Stats., a whole grade sharing agreement shall provide for at least 20 percent of the pupils enrolled in each affected grade of a district of residence to attend a district of attendance for at least 20 percent of a school day.

History

CR 17-054: cr. Register January 2018 No. 745, eff. 2-1-18.

Wis. Admin. Code § PI 33.04 Pupil records {#sec-pi-33.04 omnilex-key=us-wi-regs-official--agency-pi--PI 33.04}

(1) Record sharing. A whole grade sharing agreement shall specify the pupil records that will be shared between the district of attendance and district of residence. In the absence of parental consent, the district of residence may only share those pupil records in which the district of attendance has a legitimate educational interest, including safety interests.

(2) Termination. If a whole grade sharing agreement provides that the district of attendance maintains some or all pupil records for participating pupils, the district of attendance shall return a copy of the pupil records held by the district of attendance to the district of residence within 5 days of the occurrence of any of the following:

(a) Termination of the whole grade sharing agreement.

(b) Termination of the participating pupil’s enrollment in the district of attendance.

History

CR 17-054: cr. Register January 2018 No. 745, eff. 2-1-18.

Wis. Admin. Code § PI 33.05 Pupil assessments {#sec-pi-33.05 omnilex-key=us-wi-regs-official--agency-pi--PI 33.05}

(1) Assessment results. The department shall report the results of any assessment required for participating pupils under ss. 118.016 and 118.30, Stats., and 20 USC 6311 (b) (3), to the district of residence.

(2) District accountability report. The department shall include participating pupils in the district of residence’s accountability report required under s. 115.385, Stats.

History

CR 17-054: cr. Register January 2018 No. 745, eff. 2-1-18.

Wis. Admin. Code § PI 33.06 State aid {#sec-pi-33.06 omnilex-key=us-wi-regs-official--agency-pi--PI 33.06}

(1) Initial term. The department may not pay a school district participating in a whole grade sharing agreement additional aid under s. 121.105 (4), Stats., beyond the 7th year after the whole grade sharing agreement first takes effect.

(2) Termination. If a whole grade sharing agreement terminates less than 7 years after it first takes effect, the department may not pay the school districts participating in the whole grade sharing agreement additional aid under s. 121.105 (4), Stats., in the school year following the termination or any school year thereafter.

(3) Additional aid. Notwithstanding subs. (1) and (2), a school district may receive additional aid under s. 121.105 (4), Stats., if the school district enters into a new whole grade sharing agreement that does not involve any grade covered by a previous whole grade sharing agreement entered into by the school district, including any previously terminated whole grade sharing agreement.

History

CR 17-054: cr. Register January 2018 No. 745, eff. 2-1-18.

Wis. Admin. Code § PI 33.07 Habitual truancy and expulsion {#sec-pi-33.07 omnilex-key=us-wi-regs-official--agency-pi--PI 33.07}

(1) Expulsion. If a district of attendance issues an order under s. 120.13 (1), Stats., to expel a participating pupil, it shall immediately notify the district of residence.

(2) Habitual truancy. The district of attendance shall notify the district of residence if a participating pupil is a habitual truant.

History

CR 17-054: cr. Register January 2018 No. 745, eff. 2-1-18.

Wis. Admin. Code § PI 33.08 Approval of organizations conducting feasibility studies {#sec-pi-33.08 omnilex-key=us-wi-regs-official--agency-pi--PI 33.08}

An organization may seek the approval of the department to conduct a feasibility study under s. 118.50 (2) (c), Stats., by submitting an application to the department on a form provided by the department. The department shall base its approval on one or more of the following criteria:

(1) Whether the organization has knowledge and experience conducting feasibility studies.

(2) Whether the organization has knowledge and experience with school district finances.

(3) Whether the organization has knowledge and experience conducting reorganization studies.

(4) Other factors that the department determines are relevant.

History

CR 17-054: cr. Register January 2018 No. 745, eff. 2-1-18.

Chapter PI 34 EDUCATOR LICENSES

Subchapter I Definitions

Wis. Admin. Code § PI 34.001 Definitions {#sec-pi-34.001 omnilex-key=us-wi-regs-official--agency-pi--PI 34.001}

In this chapter:

(1) “Accredited” means that an institution of higher education meets accepted criteria of quality, as established by a regional institutional accrediting agency, a national institutional accrediting agency, or a programmatic accrediting organization recognized by the U.S. department of education, and the institution of higher education is listed in the U.S. department of education’s database of accredited postsecondary institutions and programs.

(1e) “Administrative” means the work of leading, managing, supervising, coordinating, or evaluating educational programs, personnel, operations, or resources in a school setting.

(1m) “Administrator” means a person whose leadership in a district, school building or program area focuses on improving pupil learning by managing, supervising, mentoring and evaluating professional staff and by directing programs, curriculum, instruction, pupil assessment, and business administration in a school setting, consistent with the knowledge, skills, and dispositions identified in the administrator standards under s. PI 34.003.

(1s) “Aide” means a school employee whose responsibilities include supporting the lesson plan of the licensed teacher, providing assistance to the teacher, helping with classroom management, and other non-teaching duties as assigned by the classroom teacher. An aide serves directly with and under a licensed teacher in the classroom and shall not serve as a teacher.

(2) “Approved program” means an educator preparation program approved by the state superintendent under subch. III.

(3) “Baccalaureate or bachelor’s degree” means a degree awarded by an accredited college or university to a person who has completed undergraduate studies.

(4) “CESA” means a cooperative educational service agency.

(4m) “Charter school” has the meaning given in s. 115.001 (1), Stats.

(5) “Clinical program” means supervised experiences in a school setting which provide practical experience for students, including pre-student teaching, student teaching, practicum, and internships.

(5m) “County children with disability education board,” or “CCDEB,” has the meaning given in s. 115.817, Stats.

(6) “Department” means the department of public instruction.

(7) “Educational interpreter” means an individual who interprets for pupils who are deaf or hard of hearing.

(8) “Educator preparation program” means the sequence of courses included in a baccalaureate or bachelor’s degree program or post baccalaureate program or the training provided by an entity for preparing professional school personnel for licensure.

(9) “Full-time” means employment under contract with a school district as a teacher, administrator, pupil services professional, or related services professional for the duration of the school year.

(9m) “Good standing” means that a license is active and not expired, not under investigation, suspended, revoked, or surrendered by the licensing authority for any reason, is without deficiencies, conditions, or stipulations, and otherwise is not in a status that in any manner restricts the use of the license.

(10) “Institution” means one or more accredited, four-year, baccalaureate or bachelor’s degree granting institutions of higher education offering an educator preparation program.

(11) “Institutional endorsement” means written verification from an accredited educator preparation program that an individual has satisfactorily completed the program or its equivalent and is recommended for a specific license.

(11m) “Kindergarten” includes 4-year-old or 5-year-old-kindergarten.

(12) “License” means a license, permit, or certificate issued by the state superintendent under s. 115.28 (7), Stats., or ch. 118, Stats.

(13) “License area” means the subject matter and grade, or the position a license authorizes an individual to teach or work in.

(14) “License program content guidelines” means the knowledge and skill requirements for a particular license type.

(15) “Master’s degree” means a degree awarded by an accredited graduate school or institution to a person who has completed at least one year of graduate study.

(16) “Post-baccalaureate” means a sequence of graduate courses that lead to endorsement for licensure but not a graduate degree.

(16m) “Private school” has the meaning given in s. 115.001 (3r), Stats.

(17) “Pupil” means a minor child or an individual enrolled in an elementary or secondary education program.

(17m) “Pupil services professional” means a school counselor, school nurse, school psychologist, or school social worker who holds a valid pupil services license issued under subch. VII and provides services to pupils, families, or school staff designed to support pupils’ educational, social, emotional, physical, and behavioral development through assessment, intervention, counseling, consultation, coordination, and prevention activities.

(17r) “Related services professional” means an individual licensed under s. PI 34.0375 or subch. X to provide related services, as defined in s. 115.76 (14) (a), Stats., that are required to assist a pupil with a disability to benefit from special education, including interpreting, orientation and mobility, audiology, occupational therapy, physical therapy, or other comparable support services delivered in an educational setting.

(18) “School district” has the meaning given in s. 115.01 (3), Stats.

(18m) “School settings” means the following:

(a) Charter schools as defined in sub. (4m) and s. 115.001 (1), Stats.

(b) Private schools as defined in sub. (16m) and s. 115.001 (3r), Stats.

(d) Tribal schools as defined in s. 115.001 (15m), Stats.

(19) “State superintendent” means the state superintendent of public instruction or a designee.

(20) “Student” means an individual enrolled in an educator preparation program.

(21) “Teacher” means a person who demonstrates the knowledge, skills, and dispositions outlined in s. PI 34.002 and whose responsibilities include planning instruction, diagnosing learning needs, prescribing content delivery through classroom activities, assessing pupil learning, reporting outcomes to administrators and parents and evaluating the effects of instruction.

(22) “Teaching,” for persons working in a school setting or CESA, means the act of improving pupil learning through planning instruction, diagnosing learning needs, prescribing content delivery through class activities, assessing learning, reporting outcomes to administrators and parents and guardians, and evaluating the effects of instruction.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (8), (11), cr. (11m), eff. 1-14-19; CR 19-034: am. (8), (11), cr. (11m) Register February 2020 No. 770, eff. 3-1-20; CR 24-010: cr. (4m), (16m) Register July 2024 No. 823, eff. 8-1-24; CR 25-016: cr. (9m) Register August 2025 No. 836, eff. 9-1-25; CR 25-039: cr. (18m) Register November 2025 No. 839, eff. 12-1-25; renumber (18m) 1. to 4. to be (18m) (a) to (d) under s. 13.92 (4) (b) 1., Stats., and, as renumbered, correction in (18m) (a) to (d) made under s. 35.17, Stats., Register November 2025; CR 25-041: cr. (5m) Register November 2025 No. 839, eff. 12-1-25; CR 26-002: cr. (1e), (1m), (1s), (17m), (17r), (21), (22) Register June 2026 No. 846, eff. 7-1-26.

Subchapter II Educator Standards

Wis. Admin. Code § PI 34.002 Teacher standards {#sec-pi-34.002 omnilex-key=us-wi-regs-official--agency-pi--PI 34.002}

Except as otherwise provided in this chapter, to receive a license to teach under subch. VI, an applicant shall complete an approved program and demonstrate proficient performance in the knowledge, skills, and dispositions in all of the following:

(1) Pupil development. The teacher understands how pupils grow and develop, recognizing that patterns of learning and development vary individually within and across the cognitive, linguistic, social, emotional, and physical areas. The teacher designs and implements developmentally appropriate and challenging learning experiences for pupils.

(2) Learning differences. The teacher uses an understanding of individual pupil differences and diverse cultures and communities to ensure inclusive learning environments that enable each pupil to meet high standards.

(3) Learning environments. The teacher works with others to create environments that support individual and collaborative learning, and that encourage positive social interaction, active engagement in learning, and self-motivation.

(4) Content knowledge. The teacher understands the central concepts, tools of inquiry, and structures of each discipline the teacher teaches. The teacher creates learning experiences that make the discipline accessible and meaningful for pupils to assure mastery of the content.

(5) Application of content. The teacher understands how to connect concepts and use differing perspectives to engage pupils in critical thinking, creativity, and collaborative problem solving related to authentic local and global issues.

(6) Assessment. The teacher understands and uses multiple methods of assessment to engage pupils in their own growth, to monitor pupil progress, and to guide the teacher’s and pupil’s decision making.

(7) Planning for instruction. The teacher plans instruction that supports every pupil in meeting rigorous learning goals by drawing upon knowledge of content areas, curriculum, cross-disciplinary skills, pedagogy, pupils, and pupils’ communities.

(8) Instructional strategies. The teacher understands and uses a variety of instructional strategies to encourage pupils to develop a deep understanding of content areas and their connections, and to develop skills to apply knowledge in a meaningful way.

(9) Professional learning and ethical practice. The teacher engages in ongoing professional learning. The teacher uses evidence to continuously evaluate the teacher’s practice, including the effects of the teacher’s choices and actions on pupils, their families, other educators, and the community. The teacher adapts the teacher’s practice to meet the needs of each pupil.

(10) Leadership and collaboration. The teacher seeks appropriate leadership roles and opportunity in order to take responsibility for pupil learning, to collaborate with pupils, their families, educators, and the community, and to advance the profession.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 26-006: am. (2), (4) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 34.003 Administrator standards {#sec-pi-34.003 omnilex-key=us-wi-regs-official--agency-pi--PI 34.003}

Except as otherwise provided in this chapter, to receive a school administration license under subch. VIII, an applicant shall complete an approved program in school administration and demonstrate proficient performance in all of the following knowledge, skills, and dispositions under all of the following standards:

(1) Mission, vision, and core values. Effective educational leaders develop, advocate, and enact a shared mission, vision, and core values of high-quality education, academic success, and well-being of each pupil.

(2) Ethics and professional norms. Effective educational leaders act ethically and according to professional norms to promote each pupil’s academic success and well-being.

(3) Equity and cultural responsiveness. Effective educational leaders strive for equity of educational opportunity and culturally responsive practices to promote each pupil’s academic success and well-being.

(4) Curriculum, instruction, and assessment. Effective educational leaders develop and support intellectually rigorous and coherent systems of curriculum, instruction, and assessment to promote each pupil’s academic success and well-being.

(5) Care and support. Effective educational leaders cultivate an inclusive, caring, and supportive school community to promote each pupil’s academic success and well-being.

(6) Professional capacity of school personnel. Effective educational leaders develop the professional capacity and practice of school personnel to promote each pupil’s academic success and well-being.

(7) Professional community. Effective educational leaders foster a professional community of teachers and other professional staff to promote each pupil’s academic success and well-being.

(8) Meaningful engagement. Effective educational leaders engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each pupil’s academic success and well-being.

(9) Operations and management. Effective educational leaders effectively manage school operations and resources to promote each pupil’s academic success and well-being.

(10) School improvement. Effective educational leaders act as agents of continuous school improvement to promote each pupil’s academic success and well-being.

(11) Teacher standards. Effective educational leaders understand and demonstrate competence in the teacher standards under s. PI 34.002.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.004 Pupil services standards {#sec-pi-34.004 omnilex-key=us-wi-regs-official--agency-pi--PI 34.004}

Except as otherwise provided in this chapter, to receive a license in a pupil services category under subch. VII, an applicant shall complete an approved program and demonstrate proficient performance in the knowledge, skills, and dispositions in all of the following:

(1) Teacher standards. The pupil services professional understands the teacher standards under s. PI 34.002.

(2) Pupil learning and well-being. The pupil services professional understands the complexities of learning and has knowledge of comprehensive, coordinated practice strategies that support pupil learning, health, safety and development.

(3) Research. The pupil services professional can use research, research methods, and knowledge about issues and trends to improve practice in schools and classrooms.

(4) Professional ethics. The pupil services professional understands and represents professional ethics and social behaviors appropriate for schools and the community.

(5) Pupil service programs. The pupil services professional understands the organization, development, management and content of collaborative and mutually supportive pupil services programs within educational settings.

(6) Positive learning outcomes. The pupil services professional is able to address comprehensively the wide range of social, emotional, behavioral, and physical issues and circumstances which may impact pupils’ abilities to achieve positive learning outcomes through development, implementation and evaluation of system-wide interventions and strategies.

(7) Successful interactions. The pupil services professional is able to interact successfully with pupils, parents, professional educators, employers, and community support systems such as juvenile justice, public health, human services and adult education.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Subchapter III Program Approval and Standards

Wis. Admin. Code § PI 34.005 Applicability {#sec-pi-34.005 omnilex-key=us-wi-regs-official--agency-pi--PI 34.005}

This subchapter governs the state superintendent’s review and approval of educator preparation programs under ss. 115.28 (7) and 118.19 (3), Stats., beginning on the effective date of this chapter.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.006 Definitions {#sec-pi-34.006 omnilex-key=us-wi-regs-official--agency-pi--PI 34.006}

In this subchapter:

(1) “Institution” means one or more accredited colleges or universities offering an educator preparation program.

(2) “Student” means an individual enrolled in an educator preparation program.

(3) “Entity” means one of the following or a consortium of the following:

(a) CESA.

(b) Community-based organization.

(d) Non-profit organization.

(e) Private enterprise.

(f) School.

(g) School district.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.007 Program approval {#sec-pi-34.007 omnilex-key=us-wi-regs-official--agency-pi--PI 34.007}

(1) Eligibility. An entity may apply under sub. (2) for the state superintendent’s approval of its educator preparation program if all of the following applies:

(a) The entity’s educator preparation program is headquartered and physically located in the state of Wisconsin.

(b) If the entity does not have its principal campus in the state of Wisconsin, the entity is approved by department of safety and professional services under s. 440.52, Stats.

(2) Submission of evidence. An entity seeking the state superintendent’s approval of its educator preparation program shall submit to the department written evidence of all of the following:

(a) The entity’s relevant policies and practices affecting the preparation of professional school personnel under ss. PI 34.013 to 34.018.

(b) The entity’s conceptual framework under ss. PI 34.019 to 34.024.

(c) The entity’s assessment system used to evaluate candidate quality as measured against the standards under subch. II and how the assessments are used to evaluate and improve the educator preparation program.

(d) The entity’s systematic, ongoing collaboration with employing schools and school districts.

(3) Initial approval. The state superintendent shall make a decision within 60 days of receiving an entity’s submission of evidence under sub. (2). The state superintendent shall grant initial approval if the educator preparation program meets all of the requirements under subchs. III and IV. If approved, the term of initial approval shall be for 5 years.

(4) Maintaining initial approval. If the state superintendent grants initial approval under sub. (3), the state superintendent shall conduct an onsite annual review of the educator preparation program at the end of each of the first four years. Based on the onsite annual reviews, the state superintendent shall do one of the following if the educator preparation program does not meet all of the requirements under subchs. III and IV:

(a) Require the educator preparation program to complete a program improvement plan under s. PI 34.008.

(b) Conduct an onsite comprehensive review.

(5) Comprehensive review.

(a) When conducted. The state superintendent shall conduct an onsite comprehensive review of an educator preparation program if any of the follow occurs:

The state superintendent determines during a review under sub. (4) or (6) that an educator preparation program is not in compliance with all of the requirements under subchs. III and IV.
An educator preparation program reaches the end of the fifth year of initial approval.

(b) Scope of review. The comprehensive review shall determine whether the educator preparation program successfully prepares candidates for licensure and meets all of the requirements of this subchapter.

Allow the educator preparation program to maintain its current status if the educator preparation program meets all of the requirements of under subchs. III and IV.
Grant full approval if the educator preparation program is being reviewed under par. (a) 2. and the program meets all of the requirements under subchs. III and IV.
Require the educator preparation program to complete a program improvement plan under s. PI 34.008.
Deny approval if the educator preparation program is being reviewed under s. PI 34.008 and the program does not meet all of the requirements under subchs. III and IV.

(6) Maintaining approval. If an educator preparation program is approved under sub. (5) (c), the state superintendent shall annually extend approval for one year if all of the following occur:

(a) An onsite continuous review process visit demonstrates that the educator preparation program successfully prepares candidates for licensure.

(b) The educator preparation program is in compliance with all of the requirements of this chapter.

(7) Professional standards council. The state superintendent may consider any comments or recommendations submitted by the professional standards council prior to making a decision under sub. (3) or (5) (c).

(8) Program changes. An entity shall seek the state superintendent’s approval under sub. (3) prior to implementing a new educator preparation program or making substantive changes in an approved program. Substantive changes include changes to any of the following:

(a) The assessment system.

(b) The entity’s ownership.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (2) (a), (b) made under s. 35.17, Stats., Register May 2018 No. 751.

Wis. Admin. Code § PI 34.008 Program improvement plan {#sec-pi-34.008 omnilex-key=us-wi-regs-official--agency-pi--PI 34.008}

If the state superintendent determines that a program improvement plan is required under s. PI 34.007 (4) (a) or (5) (c) 3., the state superintendent shall provide written notice to the educator preparation program. The notice shall include all of the following:

(1) A description of the specific areas of noncompliance.

(2) A description of the program improvement plan, including the specific improvements the educator preparation program is required to submit to the department and the deadline for submission.

(3) Notification that the entity’s plan to address the areas in need of improvement shall be submitted to the department within 30 days of the date of the notice.

(4) Notification of the date that the state superintendent will conduct an onsite review to determine whether the educator preparation program corrected the areas of noncompliance. The onsite review date shall occur within 90 calendar days of the written notification.

(5) Notification of whether the educator preparation program may continue to admit students or provide institutional endorsement or both while on the program improvement plan.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (4), eff. 1-14-19; CR 19-034: am. (4) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 34.009 Denials and appeal rights {#sec-pi-34.009 omnilex-key=us-wi-regs-official--agency-pi--PI 34.009}

(1) Denials. If the state superintendent determines that an educator preparation program does not meet the requirements under this subchapter or subch. IV or that an educator preparation program did not correct the areas of noncompliance within the specified time period under s. PI 34.008, the state superintendent shall deny approval. The denial letter shall include all of the following:

(a) The legal and factual basis for the denial, including the specific areas of noncompliance.

(b) The educator preparation program’s appeal rights under sub. (2).

(2) Appeal rights. An educator preparation program may appeal a denial under sub. (1) by filing a written request for a hearing within 30 days of the date of the notice. The written request shall include all of the following:

(a) The specific grounds for the hearing request, including each of the specific material facts or legal issues that are in dispute. Any material fact or legal issue that is not disputed shall be deemed admitted.

(b) If the educator preparation program asserts that a mistake of fact was made, the program shall include a concise statement of the essential facts which the program intends to prove at the hearing.

(c) If the educator preparation program asserts a mistake of law, the program shall include a concise statement of the law upon which the program relies.

(d) Any affirmative defense the educator preparation program intends to assert. The program’s failure to raise an affirmative defense shall constitute a waiver of that defense.

(3) Granting or denying request. The state superintendent may only grant a request for a hearing if all of the following apply:

(a) The request complies with all of the requirements under sub. (2).

(b) The appellant is entitled to a hearing under s. 227.42, Stats.

(4) Notification to students. If an educator preparation program does not submit an appeal under sub. (2) or the state superintendent denies an appeal under sub. (3), the educator preparation program shall provide written notice to each prospective and currently enrolled student in the program of the denial. Within 15 days of receiving notice of denial, the educator preparation program shall submit to the department the names of all students currently enrolled in the educator preparation program and the program’s plan to assist currently enrolled students in completing the program.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) (intro.) made under s. 35.17, Stats., Register May 2018 No. 751.

Wis. Admin. Code § PI 34.010 Hearings and final decision {#sec-pi-34.010 omnilex-key=us-wi-regs-official--agency-pi--PI 34.010}

(1) Hearing examiner. If the state superintendent grants a hearing request for a hearing under s. PI 34.009 (3), the state superintendent shall nominate an independent hearing examiner. The independent hearing examiner shall do all of the following:

(a) Schedule a hearing within 60 days of the date the hearing request was received by the state superintendent.

(b) Not admit any evidence of educator preparation program changes implemented after the date specified in s. PI 34.008 (2).

(2) Final decision. The state superintendent shall issue a final decision and order to approve, reverse, or modify the proposed decision issued under sub. (1) (c).

(3) Notification to students. If the state superintendent issues a final decision and order which denies approval of the educator preparation program, the program shall comply with all of the requirements under s. PI 34.009 (4).

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.011 Experimental or innovative programs {#sec-pi-34.011 omnilex-key=us-wi-regs-official--agency-pi--PI 34.011}

(1) Request for approval. An entity may request the state superintendent’s approval of an experimental or innovative educator preparation program that does not comply with one or more requirements contained in this subchapter or subch. IV by submitting the written evidence required under s. PI 34.007 (2). The written evidence shall be submitted to the state superintendent prior to the experimental or innovative educator preparation program’s implementation. The written evidence shall indicate how the experimental or innovative educator preparation program does one or more of the following:

(a) Develops new approaches, arrangements, or contexts for the preparation of school personnel.

(b) Meets the special needs of particular segments of society, such as students of color, disadvantaged, or nontraditional students.

(c) Prepares school personnel for new types of positions that are emerging at the elementary, middle, or high school level.

(d) Improves the pool of candidates for a school districts by fostering cooperation between entities.

(2) Approval. The state superintendent shall grant initial approval under s. PI 34.007 (3) if the state superintendent determines that the experimental or innovative educator preparation program meets the requirements under sub. (1).

(3) Maintaining approval. If an educator preparation program is approved under sub. (2), the state superintendent shall annually extend approval for one year if all of the following occur:

(a) An onsite review visit demonstrates that the educator preparation program successfully prepares candidates for licensure.

(b) The educator preparation program is in compliance with the requirements of this chapter, modified as initially approved under sub. (2).

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; correction in (1) made under s. 35.17, Stats., Register July 2018 No. 751; EmR1909: emerg. am. (2), cr. (3); CR 19-034: am. (2), cr. (3) Register February 2020 No. 770, eff. 3-1-20.

Subchapter IV Program Support

Wis. Admin. Code § PI 34.012 Definitions {#sec-pi-34.012 omnilex-key=us-wi-regs-official--agency-pi--PI 34.012}

In this chapter:

(1) “Entity” means one of the following or a consortium of the following:

(a) CESA.

(b) Community-based organization.

(d) Non-profit organization.

(e) Private enterprise.

(f) School.

(g) School district.

(2) “SCD” means a subunit of an institution, such as a school, college, division, or department, which is responsible for overseeing the institution’s educator preparation programs.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.013 Organization and administration of educator preparation programs {#sec-pi-34.013 omnilex-key=us-wi-regs-official--agency-pi--PI 34.013}

(1) SCD authority. If an entity is an institution, it shall ensure the SCD is clearly identified and has the responsibility, authority, and personnel to develop, administer, evaluate, and revise each educator preparation program at the entity.

(2) Written policies. An entity shall have policies on all of the following:

(a) Faculty selection, promotion, and tenure.

(b) Faculty teaching loads.

(d) Community service expectations.

(3) Resources and facilities. If an entity is an institution, it shall do all of the following:

(a) Ensure the SCD has adequate resources to support teaching by faculty and scholarship by students.

(b) Ensure the SCD has sufficient facilities, equipment, and budgetary resources to fulfill its mission and offer quality programs.

(c) Ensure that the SCD involves constituent groups from the local community in the development, evaluation, and revision of any educator preparation program.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.014 Faculty {#sec-pi-34.014 omnilex-key=us-wi-regs-official--agency-pi--PI 34.014}

(1) Recruitment of faculty. The entity shall recruit, hire, and retain a diverse educator preparation faculty.

(2) Faculty qualifications. An entity’s faculty who teach in educator preparation programs shall meet all of the following requirements:

(a) Have preparation specifically related to their assignment, hold an advanced degree, and demonstrate expertise in their assigned area of responsibility.

(b) Be knowledgeable about the current elementary, middle, and secondary curriculum, Wisconsin academic standards, practices, requirements, technology, and administrative practices that are appropriate to their assignment.

(c) Be actively engaged in professional practice with prekindergarten through grade 12 schools, professional organizations, and other education-related endeavors at the local, state, or national level.

(d) If the faculty member supervises pre-student teachers, practicum students, student teachers, or interns, the faculty member shall have at least 3 years of teaching, pupil services, or administrative experience or the equivalent, as approved by the state superintendent, in prekindergarten through grade 12 settings.

(e) If the faculty member is responsible for the leadership or coordination of the educator preparation program, the faculty member shall hold a minimum of a master’s degree, its equivalent, or higher degree in the principal discipline of the program, as determined by the state superintendent.

(3) Work load. The entity shall have workload policies which ensure faculty in educator preparation program have the time and resources to promote effective teaching and promote student learning, including advising, scholarship, and service.

(4) Professional development. The entity shall provide the resources, time, and opportunities for all faculty to engage in professional development to enhance intellectual and professional vitality.

(5) Staffing. The SCD shall have sufficient numbers of full-time faculty to teach in educator preparation programs to ensure consistent quality and delivery of programs.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.015 Facilities, technology, instruction resources, and support {#sec-pi-34.015 omnilex-key=us-wi-regs-official--agency-pi--PI 34.015}

If an entity is an institution, it is shall ensure the SCD has the following:

(1) Facilities. Adequate classrooms, laboratories, offices, and workspace with current technology, equipment, and supplies necessary to fulfill the mission of the SCD.

(2) Instructional resources. Adequate instructional resources to support the teaching and learning needs of each educator preparation program.

(3) Technology. Sufficient current educational technology to ensure students have access to and can use current educational technology in instructional settings. Education technology includes specialized equipment used for teaching.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.016 Student services {#sec-pi-34.016 omnilex-key=us-wi-regs-official--agency-pi--PI 34.016}

(1) Advising resources. The entity shall ensure all students have access to and are provided sufficient information and resources on student services to allow each student to successfully complete the educator preparation program. The information and resources shall include all of the following:

(a) Personal, professional, and career counseling.

(b) Career information.

(d) Job placement assistance.

(2) Student support services. The entity shall provide each student, upon entry and throughout the educator preparation program, with an advisor and written information describing the requirements of the educator preparation program.

(3) Student records. The institution shall maintain a cumulative record of each student enrolled in an educator preparation program. The record shall contain all of the following:

(a) A transcript.

(b) A written evaluation of each field experience completed by the student during the clinical program.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.017 Program performance {#sec-pi-34.017 omnilex-key=us-wi-regs-official--agency-pi--PI 34.017}

The entity shall annually evaluate and report to the department all of the following:

(1) The pass rate of individuals who completed the educator preparation program in the previous school year on the teacher licensure assessments required under ch. 118, Stats.

(2) Program modifications related to content or assessments.

(3) The performance of individuals who completed the educator preparation program in the previous school year in obtaining employment with a Wisconsin school or school district.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.018 Student recruitment, admission, and retention {#sec-pi-34.018 omnilex-key=us-wi-regs-official--agency-pi--PI 34.018}

(1) Diversity. The entity shall create, submit to the department, and implement a written plan and provide sufficient resources to recruit, admit, and retain a diverse student body.

(2) Admissions. The entity shall establish standards for admission, including requiring a background check prior to admission to an educator preparation program. A background check shall be completed by the entity no more than 6 months prior to the date of admission into the educator preparation program and include all of the following:

(a) The entity requesting the background check shall be responsible for establishing and implementing standards for acceptable conduct. The entity shall review the results of the background check conducted under this subsection and make an approval or denial determination in accordance with the standards established under this paragraph.

(b) The background check shall include a review of criminal conduct at the state and federal levels. This paragraph does not apply to individuals who do not reside in the United States for the duration of enrollment in an educator preparation program.

(c) Convictions for crimes which would lead to the automatic revocation of teacher licensure under s. 115.31 (2g), Stats., shall result in additional review prior to program admission.

(3) General education program. The entity shall require a general education program as part of a bachelor’s degree program or higher.

(4) Completion standards. The entity shall establish standards for completing each educator preparation program as follows:

(a) For educator preparation programs that do not require a master’s degree, one of the following:

A minimum cumulative grade point average of 2.75 on a 4.0 scale.
Evidence other than grade point average by entities that use alternative measures of performance are in place. The measures shall be approved by the state superintendent.

(b) For educator preparation programs at the post-baccalaureate level, one of the following:

A minimum cumulative grade point average of 3.0 on a 4.0 scale.
Evidence other than grade point average by entities that use alternative measures of performance are in place. The measures shall be approved by the state superintendent.

(c) For all educator preparation programs, the proficiency level for the knowledge, dispositions, and performances that substantiate competence in the standards under subch. II. Student proficiency levels shall be accessed through multiple measures over time and culminate in assessment during student teaching, internships, or practicums.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 20-071: am. (4) (a) 2., (b) 2. Register August 2021 No. 788, eff. 9-1-21; CR 24-019: renum. (2) to (2) (intro.) and am., cr. (2) (a) to (c) Register July 2024 No. 823, eff. 8-1-24; correction in (2) (intro.), (c) made under s. 35.17, Stats., Register July 2024 No. 823.

Wis. Admin. Code § PI 34.019 Conceptual framework {#sec-pi-34.019 omnilex-key=us-wi-regs-official--agency-pi--PI 34.019}

Each educator preparation program shall have a conceptual framework. The conceptual framework shall describe how the educator preparation program meets the requirements under ss. PI 34.020 to 34.024.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction made under s. 35.17, Stats., Register May 2018 No. 751.

Wis. Admin. Code § PI 34.020 Performance based program {#sec-pi-34.020 omnilex-key=us-wi-regs-official--agency-pi--PI 34.020}

(1) Educator standards. An educator preparation program’s conceptual framework shall be performance-based and identify how the educator preparation program will meet the educator standards under subch. II by doing one of the following:

(a) Adopting the educator standards under subch. II as written or modify the standards to reflect the missions, vision, and philosophy of the educator preparation program. The entity may adopt additional standards beyond the standards under subch. II.

(b) Identifying where the standards under subch. II are integrated within the educator preparation program if the entity chooses to develop its own program approval standards.

(2) Performance tasks. The conceptual framework shall identify the performance tasks within the educator preparation program. The performance tasks shall do all of the following:

(a) Be specific and based on research of best practices in education.

(b) Include the content of each standard adopted under sub. (1).

(d) Be measurable over time.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.021 Assessment system {#sec-pi-34.021 omnilex-key=us-wi-regs-official--agency-pi--PI 34.021}

An educator preparation program’s conceptual framework shall contain a system to assess the knowledge, skills, and dispositions of students based on the standards under subch. II. The assessments shall meet all of the following requirements:

(1) Be measured using each of the following categories:

(a) Communication skills.

(b) Human relations and professional dispositions.

(c) Content knowledge for subject area programs. The content knowledge shall be assessed by the student meeting one of the following requirements:

Having a cumulative grade point average of not less than 3.0 on a 4.0 scale for courses in the subject area or position.
Having a passing score on a standardized test approved by the state superintendent.
Completing a content-based portfolio designed by the educator preparation program.

(d) Pedagogical knowledge.

(e) Performance in clinical program.

(f) Reading. For candidates for special education licensure, the assessment of reading shall be demonstrated by the student meeting one of the following requirements:

Earning a passing score on the examination required under s. 118.19 (14) (a), Stats.
Completing a course of study under s. 118.19 (14) (b), Stats., that includes the following:

a. Instruction in the teaching of phonemic awareness, phonics, vocabulary, reading comprehension, and fluency.

b. Feedback and coaching from an expert of reading instruction. In this subd. 2. b., “expert of reading instruction” means an individual employed by a school district or an approved program with a master’s degree or higher in reading, literacy, curriculum and instruction with a concentration in literacy, or special education with a concentration in literacy, or an individual who holds a reading specialist license under s. PI 34.070.

c. A portfolio of work that demonstrates competence in phonemic awareness, phonics, vocabulary, reading comprehension, and fluency.

(2) Be developmental, multiple, measurable over time, and grounded in research based on best practices in education.

(3) Identify levels of proficiency or other benchmarks that demonstrate student success.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR2010: emerg. cr. (1) (f), eff. 6-5-20; CR 20-001: am. (2) (d) Register June 2020 No. 774, eff. 7-1-20; CR 20-005: cr. (1) (f) Register June 2020 No. 774, eff. 7-1-20; corrections in (1) (f) 2. b. made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register June 2020 No. 774.

Wis. Admin. Code § PI 34.022 Statutory requirements {#sec-pi-34.022 omnilex-key=us-wi-regs-official--agency-pi--PI 34.022}

The conceptual framework shall identify how students meet the licensing requirements under s. 118.19, Stats., and demonstrate knowledge and understanding of all of the following:

(1) Cooperatives. Cooperative marketing and consumer cooperatives for licenses in agriculture, economics, and social studies.

(2) Environment. Environmental education, including the conservation of natural resources, for licenses in early childhood regular education, elementary and middle school regular education, science, and social studies.

(3) Equity. Minority group relations, including all of the following:

(a) The history, culture, and tribal sovereignty of American Indian tribes and bands located in Wisconsin.

(b) The history, culture, and contributions of women and various racial, cultural, language, and economic groups in the United States.

(d) The psychological and social implications of discrimination, especially racism and sexism in the United States.

(e) Evaluation and assessment of the forces of discrimination, especially racism and sexism on administrators, teachers, pupils, assessment, curriculum, and instruction in schools.

(f) Minority group relations through direct involvement with various racial, cultural, language, and economic groups in the United States.

(4) Conflict resolution. Conflict resolution, including all of the following:

(a) Resolving conflicts between pupils and between pupils and school staff.

(b) Assisting pupils in learning methods of resolving conflicts between pupils, including training in the use of peer mediation, and between pupils and school staff.

(c) Addressing crises, including violent, disruptive, potentially violent, or potentially disruptive situations that may arise in a school or during activities supervised by school staff.

(5) Teacher responsibilities. For teacher licenses, the role and responsibility of a teacher through a student teaching experience that meets all of the requirements under s. PI 34.023.

(6) Reading and language arts. Instruction for teaching science-based reading and language arts in early childhood and elementary and middle school. In this paragraph, science-based instruction, as defined in s. 118.015 (1c) (b), Stats., shall include all of the following:

(a) Phonological awareness, including word awareness, rhyme recognition, repetition and creation of alliteration, syllable counting or identification, onset, and rime manipulation.

(b) Phonemic awareness, including phoneme identification, isolation, blending, segmentation, addition, substitution, and deletion.

(d) Building background knowledge.

(e) Oral language development.

(f) Vocabulary building to develop lexical and morphological knowledge.

(g) Instruction in writing.

(h) Instruction in comprehension.

(i) Reading fluency.

(7) Children with disabilities. Procedures used for identifying, assessing, and providing education for children with disabilities, including the roles and responsibilities of regular and special education providers and curriculum modifications.

(8) Professional responsibilities. Professional ethics and responsibilities, including mandatory reporting requirements under s. 48.981, Stats.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (5), eff. 1-14-19; CR 19-034: am. (5) Register February 2020 No. 770, eff. 3-1-20; CR 24-011: renum. (6) to (6) (intro.) and am. (6), cr. (6) (a) to (i) Register July 2024 No. 823, eff. 8-1-24; CR 25-007: am. (intro.) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § PI 34.023 Clinical program {#sec-pi-34.023 omnilex-key=us-wi-regs-official--agency-pi--PI 34.023}

The educator preparation program’s conceptual frame work shall include a clinical program that meets all of the following requirements:

(1) Pre-student teaching. Each student shall have onsite, supervised pre-student teaching clinical experiences which meet all of the following requirements:

(a) Are developmental in scope and sequence.

(b) Occur in one of the following:

A variety of school settings.
For a student pursuing a speech-language pathology license under s. PI 34.0475, alternative locations in alignment with American Speech-Language-Hearing Association requirements.

(c) Result in the student being able to demonstrate knowledge and understanding of the standards under s. PI 34.002, as demonstrated by the assessments required under s. PI 34.021.

(d) Evaluates each student’s performance by using at least 2 written evaluations based upon observations by the cooperating teacher or the program supervisor. The written evaluations shall be kept as part of the student file required under s. PI 34.016 (3) (b).

(2) Student teaching. For educator preparation programs leading to a teaching license, each student shall have student teaching experience which meets all of the following requirements:

(a) Is developmental in scope and sequence.

(b) Occurs in school settings.

(d) Provides the student opportunities to interact with and adapt instruction for children with disabilities.

(e) Assigns the student a cooperating teacher or team of cooperating teachers.

(f) Has one of the following durations:

For educator preparation programs leading to the student’s first license under subch. VI, the student teaching shall be for full school days for a full semester of the cooperating school or the equivalent as determined by the state superintendent. Equivalency for the purpose of this subdivision shall include one of the following:

a. The length of the semester of the student’s institution of higher education if the educator preparation program determines a student meets completion requirements. If an institution of higher education operates on a calendar other than semesters, the duration of student teaching shall be no less than 15 weeks.

b. Full days for a full semester of the cooperating school with an option to substitute teach for no more than 10 full days during the semester if agreed to by the educator preparation program. Short-term substitute teaching authorized under s. 118.19 (7m), Stats., may only occur in the classroom of the cooperating teacher and if the student possesses a substitute teaching license.

c. Half days for two full semesters following the calendar of the cooperating school if agreed to by the educator preparation program. For the purpose of subd. 1. c., two full semesters of student teaching must be completed within two years following the first day of the first semester of student teaching.

d. If an entity under ss. PI 34.006 (3) (a), (b), (d) or (e) operates on a calendar other than semesters, the duration of student teaching shall be no less than 15 weeks, if the educator preparation program determines a student meets completion requirements.

e. The duration identified in the program standards for an apprenticeship program in ch. 106, Stats., if approved by the department.

For educator preparation programs leading to the student obtaining an additional teacher license under subchs. VI or IX, the student teaching shall be for full days for a full semester of the cooperating school. Equivalency for the purpose of this subdivision, as determined by the state superintendent, is for a duration determined by the educator preparation program to be necessary for the student to gain the necessary clinical experience for the additional license.

(g) Results in the student being able to demonstrate greater knowledge and understanding of the standards under s. PI 34.002, as demonstrated by the assessments required under s. PI 34.020.

(h) Evaluates each student’s performance using all of the following:

A minimum of 3 classroom observations, either in person or real-time virtual, by a program supervisor with relevant teaching experience. At least one observation shall be in person.
At least 3 written evaluations of each student based upon classroom observations by the cooperating teacher or a supervisor approved by the educator preparation program. At least one written evaluation shall be done by the cooperating teacher. The procedures for the written evaluations shall include conferences with the student, cooperating teacher, and program supervisor. The student shall determine which evaluations are available to prospective employers. The written evaluations shall be kept as part of the student file required under s. PI 34.016 (3) (b).

(3) Practicum program. For educator preparation programs leading to a pupil services or administrative license, the clinical program shall include supervised practicums in the area of licensure that meets all of the following requirements:

(a) Are developmental in scope and sequence.

(b) Results in the student being able to demonstrate knowledge and understanding of the standards under subch. II, as applicable.

At least 2 written evaluations by the school-based supervisor for student-based observations. The written evaluations shall be kept as part of the student file required under s. PI 34.016 (3) (b).
At least 2 written evaluations by the program supervisor. The written evaluations shall be kept as part of the student file required under s. PI 34.016 (3) (b).
At least 2 conferences involving the school-based supervisor, the program supervisor, and the student.

(d) Occurs in a school setting.

(4) Cooperating teachers and school-based supervisors. The clinical program may only use cooperating teachers and school-based supervisors who meet all of the following requirements:

(a) Holds one of the following:

A valid Wisconsin tier II, III, or IV license, or an equivalent license if the clinical program is located outside of Wisconsin, in a license area or position that corresponds to the area of supervision.
A cooperating teacher or school-based supervisor of a student pursuing a speech-language pathology license under s. PI 34.0475 who is placed in an alternative location under sub. (1) (b) 2. does not need to hold a license issued under this chapter if the cooperating teacher meets the certification standards in alignment with the American Speech-Language-Hearing Association.

(b) Volunteered for an assignment as a cooperating teacher or school-based supervisor.

(c) Has at least 3 years of teaching experience, including one year of experience at the current place of employment, or at least 3 years of pupil services or administrator experience, including one year of experience at the current place of employment.

(d) Has completed training in the supervision of clinical students and the applicable standards under subch. II.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (1) (b), eff. 1-14-19; CR 19-034: am. (1) (b) Register February 2020 No. 770, eff. 3-1-20; EmR2315: emerg. renum. (2) (f) 1. to (2) (f) 1. (intro.) and am., cr. (2) (f) 1. a., b., am. (2) (f) 2., eff. 11-17-23; CR 23-063: renum. (2) (f) 1. to (2) (f) 1. (intro.) and am., cr. (2) (f) 1. a. to e., am. (2) (f) 2. Register June 2024 No. 822, eff. 7-1-24; CR 25-024: am. (4) (a) Register November 2025 No. 839, eff. 12-1-25; CR 25-039: cr. (3) (d) Register November 2025 No. 839, eff. 12-1-25; EmR2508: emerg. renum. (1) (b) to (1) (b) (intro.) and am., cr. (1) (b) 1., 2., am. (4) (intro.), cr. (4) (e), eff. 7-5-25; CR 25-047: renum. (1) (b) to (1) (b) (intro.) and am., cr. (1) (b) 1., 2., renum. (4) (a) to (4) (a) (intro.) and am., cr. (4) (a) 1., 2. Register December 2025 No. 840, eff. 1-1-26; correction in (4) (a) 2. made under s. 35.17, Stats., December 2025 No. 840; CR 26-006: am. (4) (a) 2. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 34.024 Educator preparation program evaluation {#sec-pi-34.024 omnilex-key=us-wi-regs-official--agency-pi--PI 34.024}

An educator preparation program’s conceptual framework shall include the entity’s follow-up plan to evaluate the performance of individuals who completed the educator preparation program. The plan shall include all of the following:

(1) The methods the entity will use to obtain information from individuals who completed the program, employers, teachers, and other relevant individuals.

(2) How the entity will use the information to assess the educator preparation program.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Subchapter V License Stages

Wis. Admin. Code § PI 34.025 Definitions {#sec-pi-34.025 omnilex-key=us-wi-regs-official--agency-pi--PI 34.025}

In this subchapter:

(1) “Applicant” means an individual applying for a license or permit under this subchapter.

(2) “District administrator” means the district administrator of a school district or a designee.

(3) “Out-of-state program” means an educator preparation program located in another state that is approved by the other state’s education agency and leads to licensure in the state in which it is located.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.026 General provisions {#sec-pi-34.026 omnilex-key=us-wi-regs-official--agency-pi--PI 34.026}

(1) Effective date.

(a) Except as provided under pars. (b), (c), and (e), a license issued under this chapter is effective on July 1 of the year of issuance.

(b) Except as provided in par. (c), if an applicant completes an approved program after September 1, the effective date of the license is the date the applicant completed the program.

(d) A license issued under s. PI 34.028 (2) (d) shall have an effective date of January 1 if the school district requests the license for an assignment that occurs during the second semester of the school year.

(e) A permit issued under s. PI 34.032 (2) (b) shall have an effective date that corresponds with the date upon which the applicant met eligibility requirements for the permit, as certified by the educator preparation program.

(2) Expiration date. A tier I license expires on June 30 of the last year of the license’s term.

(3) Tiers. Except as otherwise provided in this chapter, the state superintendent shall issue licenses using the following tiers:

(a) Tier I licenses, which authorize a license holder to practice in a limited area and are valid for a limited duration.

(b) Tier II licenses, which authorize a license holder to practice in a license area under subch. VI, VII, or VIII and are valid for a limited duration.

(c) Tier III licenses, which authorize a license holder to practice in a license area under subch. VI, VII, or VIII and have no expiration date.

(d) Tier IV licenses, which authorize a license holder to practice in a license area under subch. VI, VII, or VIII, have no expiration date, and may qualify an individual for a grant under ch. PI 37.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) (a) made under s. 35.17, Stats., Register May 2018 No. 751; CR 19-034: am. (1) (c) Register February 2020 No. 770, eff. 3-1-20; CR 24-009: am. (1) (a), cr. (1) (e) Register July 2024 No. 823, eff. 8-1-24; correction in (1) (a) made under s. 35.17, Stats., Register July 2024 No. 823.

Wis. Admin. Code § PI 34.027 License application requirements; license areas {#sec-pi-34.027 omnilex-key=us-wi-regs-official--agency-pi--PI 34.027}

An applicant may apply for a license under this subchapter by submitting an application to the department. The applicant shall provide the applicant’s home address to the department. For each license issued under this subchapter, the state superintendent shall assign a license area as follows:

(1) For a teaching license, the state superintendent shall follow the requirements under subch. VI.

(2) For a pupil services license, the state superintendent shall follow the requirements under subch. VII.

(3) For an administrative license, the state superintendent shall follow the requirements under subch. VIII.

(4) For additional or supplementary license areas, the state superintendent shall follow the requirements under subch. IX.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.028 Tier I, 1-year renewable license with stipulations {#sec-pi-34.028 omnilex-key=us-wi-regs-official--agency-pi--PI 34.028}

(1) Authorization. A license issued under this section authorizes the license holder to teach in the grade level and subject area of the license or work as a school social worker, school psychologist, or a school counselor.

(2) Eligibility. The state superintendent may issue a tier I license to an applicant who does not meet all of the requirements for a tier II, III, or IV license if the applicant meets one of the following:

(a) Approved program. The applicant has not met all of the requirements for a tier II license but has completed all of the coursework at an approved program or a program approved in another state leading to licensure in a school setting. The following degree requirements must be satisfied:

For a teaching license, the applicant must hold a bachelor’s degree.
For a school social worker or school counselor license, the applicant must hold a master’s degree.
For a school psychologist, the applicant must hold a master’s degree or higher in the area of licensure. If an applicant does not hold at least a master’s degree but verifies enrollment in a doctor of philosophy, doctor of psychology, doctor of education, or education specialist degree program in the area of licensure, successful completion of the number of credits equivalent to a master’s degree, as determined by the applicant’s program, may be substituted for a master’s degree.

(b) Intern. If the license is not for special education, the applicant is assigned to a school by an educator preparation program and all of the following occur:

The educator preparation program recommends the applicant for licensure.
The applicant is enrolled as a senior at a baccalaureate program or is enrolled in a post – baccalaureate program.
The applicant will be supervised by an individual who is fully licensed in the specific license area of the internship or residency program.

(c) School district, CESA, charter school, or private school need. The applicant is hired to meet a school district, CESA, charter school, or private school need and meets all of the following requirements:

The applicant holds the following degree:

a. For a teaching license, the applicant must hold a bachelor’s degree or higher from an accredited college or university.

b. For a school social worker or school counselor license, the applicant must either hold a master’s degree in the area of licensure or a bachelor’s degree or higher from an institution and verification of enrollment in an approved program leading to the license for the assignment.

c. For a school psychologist license, the applicant must meet the requirements under par. (a) 3.

The applicant’s employing school district, CESA, charter school, or private school conducted a search for a fully licensed candidate and no fully licensed candidates were acceptable for the assignment.
The district administrator of the employing school district, or the administrator of the CESA, charter school, or private school, submitted a written request to the state superintendent on behalf of the applicant on a form provided by the department.

(d) Speech-language pathologist. Notwithstanding par. (a), for a tier I license in speech-language pathology, the applicant holds a master’s degree and a valid speech-language pathologist license issued by the hearing and speech examining board.

(e) Clinically-trained social worker. Notwithstanding par. (a), for a tier I license as a clinically-trained social worker, the applicant holds a master’s degree in social work and a valid social work certificate or license issued by the social worker section of the marriage and family therapy, professional counseling, and social work examining board.

(3) Duration. A license issued under this section may be valid for 1 year.

(4) Renewal.

(a) Subject to s. PI 34.039, a license issued under sub. (2) (a) or (c) may be renewed if the district administrator of the employing school district requests renewal and one of the following occurs during the term of the license:

The license holder under sub. (2) (c) is enrolled in an approved program and successfully completed at least 6 semester credits or the equivalent in the program.
The license holder under sub. (2) (a) or (c) who completed all of the coursework or its equivalent in the approved program attempted to complete all of the tests required for licensure.
If the license holder under sub. (2) (a) or (c) does not meet the requirements under subd. 1. or 2., the district administrator of the employing school district submits to the state superintendent a written plan that demonstrates, by clear and convincing evidence, that the license holder will complete all of the licensure requirements.

(b) A license under sub. (2) (d) may be renewed if the applicant continues to meet the requirements under sub. (2) (d) and has not yet become eligible for tier II licensure under s. PI 34.040.

(c) A license under sub. (2) (e) may be renewed if the applicant continues to meet the requirements under sub. (2) (e) and has not yet become eligible for tier II licensure under s. PI 34.040.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; correction in (2) (d) 1. made under s. 35.17, Stats., Register July 2018 No. 751; EmR1909: emerg. am. (4) (a) 3., (c) 3., eff. 1-14-19; CR 19-034: renum. (2) (f) 1. to (2) (f) 1. a. and am., cr. (2) (f) 1. b., am. (4) (a) 3., (c) 3. Register February 2020 No. 770, eff. 3-1-20; CR 20-082: am. (1), r. and recr. (2), am. (3), r. and recr. (4) Register August 2021 No. 788, eff. 9-1-21; correction in (2) (d) made under s. 13.92 (4) (b) 6., Stats., Register August 2021 No. 788; CR 24-010: am. (2) (c) (title), (intro.), 2., 3. Register July 2024 No. 823, eff. 8-1-24; EmR2506: emerg. am. (2) (a) 3., (c) 1. c., eff. 5-20-25; CR 25-038: am. (2) (a) 3., (c) 1. c. Register November 2025 No. 839, eff. 12-1-25; correction in (2) (c) 1. c. made under s. 35.17, Stats., Register November 2025 No. 839.

Wis. Admin. Code § PI 34.029 Tier I, 3-year district sponsored license with stipulations {#sec-pi-34.029 omnilex-key=us-wi-regs-official--agency-pi--PI 34.029}

(1g) Definition. In this section, “residential school” means the Wisconsin educational services program for the deaf and hard of hearing, under s. 115.52, Stats., and the Wisconsin center for the blind and visually impaired, under s. 115.525, Stats.

(1r) Authorization.

(a) Except as provided in par. (b), a license issued under this section authorizes the license holder to teach in a subject area or grade level other than the subject area or grade level covered by the license holder’s valid tier II, III, or IV license. A license issued under this section only authorizes the license holder to teach in the school district, CESA, or residential school which requested the license under sub. (2) (c).

(b) A license issued under this section does not authorize the license holder to teach in any of the following subject areas:

Speech-language pathology under s. PI 34.0475.
Deaf and hard of hearing under s. PI 34.050.
Blind and visual impairment under s. PI 34.051.
American Indian language license under s. PI 34.055.
American Indian history, culture, and tribal sovereignty license under s. PI 34.056.
Driver education under s. PI 34.080.

(2) Eligibility. The state superintendent may issue a tier I license in a new subject area or grade level or both to an applicant who meets all of the following requirements:

(a) The applicant holds a valid tier II, III, or IV teaching license.

(b) The applicant has at least one year of full-time teaching experience in the employing school district, CESA, or residential school.

(c) The district administrator of the employing school district or director of the employing CESA or residential school submits a written request to the state superintendent to issue the license. The written request shall provide assurances of the following:

The employing school district, CESA, or residential school will provide appropriate professional development and supervision to assist the applicant in becoming proficient in the license program content guidelines or national standards for the new teaching license. The employing school district, CESA, or residential school may partner with an approved program to ensure the applicant attains proficiency in the content guidelines or national standards.
The employing school district, CESA, or residential school will notify the department within 30 days if the license holder leaves the employment of the employing school district, CESA, or residential school.

(3) Duration. Except as provided under s. PI 34.039, a license issued under this section is valid for 3 years unless the license holder leaves employment with the school district, CESA, or residential school which requested the license under sub. (2) (c) prior to the expiration of the license.

(4) Nonrenewable. The department may not renew a license issued under this section in the same subject area or grade level through the same employing school district, CESA, or residential school.

(5) Advancement. The state superintendent may issue a tier II or III license to an individual holding a license issued under this section if all of the following occur in no more than one year following the expiration of the license under this section:

(a) The license holder submits to the state superintendent an application for a license in the new subject area or grade level.

(b) The license holder submits evidence of proficiency in the license program content guidelines or national standards in the new subject area or grade level as determined by the department or the approved educator preparation program.

(d) The license holder submits evidence of at least one year of experience teaching under the terms of this license.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. cr. (1g), renum. (1) to (1r) and am., am. (2) (b), (c), eff. 1-14-19; CR 19-034: cr. (1g), renum. (1) to (1r) and am., am. (2) (b), (c) Register February 2020 No. 770, eff. 3-1-20; CR 22-012: renum. (1r) to (1r) (a) and am., cr. (1r) (b), renum. (2) (c) to (2) (c) (intro.), 1. and am., cr. (2) (c) 2., am. (3), (4), (5) (intro.), r. and recr. (5) (a) to (c), cr. (5) (d) Register July 2022 No. 799, eff. 8-1-22; CR 24-074: r. (1r) (b) 6. Register May 2025 No. 833, eff. 6-1-25; correction in (1r) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register August 2025 No. 836.

Wis. Admin. Code § PI 34.030 Tier I, guest teacher license {#sec-pi-34.030 omnilex-key=us-wi-regs-official--agency-pi--PI 34.030}

(1) Authorization. A license issued under this section authorizes the license holder to teach in the subject area and grade level of the license. The subject area and grade level of the license shall be determined by the state superintendent based on all of the following:

(a) The course work shown on the applicant’s transcripts used as part of the institutional endorsement or the credential evaluation by an international credential evaluation agency. The international credential evaluation agency shall be approved by the state superintendent.

(b) The subject areas and grade levels of the license granted to the applicant by another country.

(2) Eligibility. The state superintendent may issue a tier I license under this section to an applicant who meets all of the following requirements:

(a) The applicant holds the equivalent of a U.S. bachelor’s degree, as verified by an international credential evaluation agency.

(b) The applicant has completed a teacher preparation program in another country, as verified by an international credential evaluation agency.

(c) The applicant’s employing school district agrees to provide the applicant the mentoring required under s. PI 34.040 (5).

(3) Duration. A license issued under this section is valid for 3 years.

(4) Renewal. A license issued under this section may be renewed once at the request of the employing school district.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.031 Tier I, charter school license {#sec-pi-34.031 omnilex-key=us-wi-regs-official--agency-pi--PI 34.031}

(1) Authorization. A license issued under this section authorizations the license holder to teach in a non-virtual charter school in the subject area and grade level of the license or to be a principal in a non-virtual charter school.

(2) Eligibility. The state superintendent may issue a tier I license under this section to an applicant who meets all of the following requirements:

(a) For a charter school teaching license, the applicant has a bachelor’s degree from an accredited institution and has satisfactory content knowledge in the subject area of the license, as demonstrated by one of the following:

Completion of a major or minor at an accredited institution in the subject area of the license.
Passing a content knowledge examination approved by the state superintendent in the subject area of the license.
Passing an assessment process approved by the state superintendent in the subject area of the license.

(b) For a charter school principal license, the applicant meets all of the following requirements:

The applicant holds a principal license or a similar license from another state that is in good standing.
The applicant has completed at least three years of full-time classroom teaching.

(3) Duration. A license issued under this section is valid for five years.

(4) Renewal. A license issued under this section is renewable.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.032 Tier I, short-term substitute teacher permit {#sec-pi-34.032 omnilex-key=us-wi-regs-official--agency-pi--PI 34.032}

(1) Authorization. A permit issued under this section authorizes the permit holder to teach as a short-term substitute in any subject and in any grade level.

(2) Eligibility. The state superintendent may issue a tier I permit under this section to an applicant who meets one of the following:

(a) Trained substitute teacher. The applicant meets all of the following requirements:

Holds an associate degree or a higher degree from an accredited college or university.
Completed a substitute teacher training program approved by the state superintendent which provides training on all of the following:

a. Basic school district and school policies and procedures.

b. Age-appropriate teaching strategies.

c. Discipline, conflict resolution, and classroom management techniques.

d. Health and safety issues, including handling medical emergencies.

e. Techniques for starting a class.

f. The culture of schools and the teaching profession.

g. Working with lesson plans.

h. Working with children with disabilities, including confidentiality issues.

(b) Enrollment in an educator preparation program. The applicant meets all of the following requirements:

Is at least 20 years of age.
Is enrolled in a teacher preparatory program approved by the state superintendent under s. 115.28 (7) (a), Stats. For the purposes of this subdivision, enrollment means that the applicant has met all of the eligibility criteria for the approved educator preparation program as required by s. PI 34.018 (2) and is in the process of completing the requirements of the approved educator preparation program.
Has successfully completed the minimum number of course credits required for the individual to have achieved junior level status if enrolled in a teacher preparatory program which awards a bachelor’s degree.
The individual has completed at least 15 hours of classroom observation in the clinical program of the of the educator preparation program as approved under s. PI 34.023 (1) and (2).

(3) Duration. A permit issued under this section is valid for 3 years.

(4) Renewal. A permit issued under this section is renewable.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 24-009: am. (title), (1), r. and recr. (2), am. (3), (4) Register July 2024 No. 823, eff. 8-1-24; correction in (2) (b) 4. made under s. 35.17, Stats., Register July 2024 No. 823.

Wis. Admin. Code § PI 34.033 Tier I, long-term substitute teacher license {#sec-pi-34.033 omnilex-key=us-wi-regs-official--agency-pi--PI 34.033}

(1) Authorization. A license issued under this section authorizes the license holder to be either a short-term substitute teacher or a long-term substitute in the subject area or position and grade level of the license issued under subchs. VI, VII, and VIII, as determined by the license the applicant has held or is eligible to hold under this chapter or the equivalent license issued by another state.

(2) Eligibility. The state superintendent may issue a tier I license under this section to an applicant who has held or is eligible to hold a license issued under subchs. VI, VII, and VIII or the equivalent license issued by another state.

(3) Duration. A license issued under this section is valid for 5 years.

(4) Renewal. A license issued under this section is renewable.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (1), (2), eff. 1-14-19; CR 19-034: am. (1), (2) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 34.034 Tier I, professional teaching permit {#sec-pi-34.034 omnilex-key=us-wi-regs-official--agency-pi--PI 34.034}

(1) Definitions. In this section:

(a) “Entity” means an entity as defined under s. PI 34.006 (3) and that is headquartered in this state.

(b) “Foreign language” means a world language under s. PI 34.047 (3) (p).

(c) “Professional work experience” means verified experience that occurred through full-time employment in a field outside of education and in the subject area for which the bachelor’s degree was awarded.

(2) Authorization.

(a) As provided in par. (b), a permit issued under this section authorizes the permit holder to teach in the school district which requested the permit under sub. (3) (e) and is not valid in another school district.

(b) A permit issued under this section authorizes the permit holder to teach in the following subject areas and grade ranges:

Music for grades K-12.
Art for grades K-12.
Foreign language for grades K-12.
Computer science for grades 4-12.
Math for grades 4-12.
Science for grades 4-12.

(3) Eligibility. The state superintendent may issue a permit under this section to an applicant who meets all of the following requirements:

(a) Holds a bachelor’s degree from an accredited institution of higher education with a major in one of the following:

Engineering for a permit under sub. (2) (b) 4., 5., or 6.
Music for a permit under sub. (2) (b) 1.
Art for a permit under sub. (2) (b) 2.
Foreign language for a permit under sub. (2) (b) 3.
Computer science for a permit under sub. (2) (b) 4.
Mathematics for a permit under sub. (2) (b) 5.
Science for a permit under sub. (2) (b) 6.

(b) Demonstrated five years of professional work experience as defined under sub. (1) (c).

(c) Demonstrated competency in the subject area by having a passing score on a standardized test approved by the state superintendent.

(d) Completed an alternative teacher training program under sub. (4).

(e) Provided a request to issue the permit from the district administrator or designee of the employing school district accompanied by verification from the employing school district that an educator with a valid tier II, III, or IV license will be supervising the applicant.

(4) Alternative teacher training program. An entity seeking approval from the state superintendent to provide an alternative teacher training program under s. 118.192 (1), Stats., shall do all of the following:

(a) Provide a minimum of 100 hours of formal instruction aligned to license program content guidelines under s. PI 34.001 (14) and teacher standards under s. PI 34.002.

(b) Be taught by instructors who meet requirements under s. PI 34.014 (2) (a) to (c).

(5) Duration. A permit issued under this section is valid for 2 years unless the permit holder leaves employment with the school district which requested the permit under sub. (3) prior to the expiration of the permit.

(6) Renewal. The state superintendent may issue a 5-year, renewable permit under this section if the permit holder has successfully completed teaching under the initial permit’s 2-year term and is recommended by the school district which requested the permit under sub. (3).

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (1) (intro.), eff. 1-14-19; CR 19-034: am. (1) (intro.) Register February 2020 No. 770, eff. 3-1-20; CR 24-016: r. and recr. Register July 2024 No. 823, eff. 8-1-24; correction in (1) (a), (5), (6) made under s. 35.17, Stats., Register July 2024 No. 823.

Wis. Admin. Code § PI 34.035 Tier I, 1-year administrator license {#sec-pi-34.035 omnilex-key=us-wi-regs-official--agency-pi--PI 34.035}

(1) Authorization. A license issued under this section authorizes the license holder to work as an administrator.

(2) Eligibility. The state superintendent may issue a tier I license under this section to an applicant who meets all of the following requirements:

(a) The applicant has been admitted to an approved preparation program leading to licensure in the administrative position.

(b) The applicant submits a written plan to the state superintendent describing how the licensure program will be completed within two years. The plan shall be approved by an official from the approved preparation program and by the employing school board.

(d) The applicant meets the experience requirements under s. PI 34.065 (4) if the applicant seeks authorization under sub. (1)to work as a principal, district administrator, director of instruction, director of special educator and pupil service, or reading specialist.

(e) The applicant holds a principal license under s. PI 34.066 if the applicant seeks authorization under sub. (1) to work as a district administrator.

(3) Duration. A license issued under this section is valid for one year. If the school board under sub. (2) (a) requests the license in December, the license shall have an effective date of January 1 and an expiration date of December 31 of the following year.

(4) Renewal. A license issued under this section may be renewed one time if all of the following occur:

(a) A written request is made by the employing school board by formal action.

(b) The applicant submits satisfactory evidence from the approved preparation program that the applicant has made satisfactory progress and can complete the approved program.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.036 Tier I, special education program aide license {#sec-pi-34.036 omnilex-key=us-wi-regs-official--agency-pi--PI 34.036}

(1) Authorization. A license issued under this section authorizes the license holder to work as a special education program aide.

(2) Eligibility. The state superintendent may issue a tier I license under this section to an applicant who meets all of the following requirements:

(a) Is at least 18 years of age.

(b) Is recommended by the district administrator or designee of the employing school district, or the administrator or designee of the employing CESA, charter school, or CCDEB to receive a license under this section.

(3) Duration. A license issued under this section is valid for 5 years.

(4) Renewal. A license issued under this section is renewable.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. r. (2) (c), eff. 1-14-19; CR 19-034: r. (2) (c) Register February 2020 No. 770, eff. 3-1-20; CR 25-041: am. (2) (b) Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § PI 34.037 Tier I, experience-based license for technical and vocational education subjects {#sec-pi-34.037 omnilex-key=us-wi-regs-official--agency-pi--PI 34.037}

(1) Definitions. In this section:

(a) “Technology education subject” means one of the following subject areas:

Architecture and construction.
Biotechnology.
Information and communication technology.
Electronics.
Engineering.
Environmental technologies.
Manufacturing.
Power and energy.
Transportation.

(b) “Vocational subjects” means one of the following subject areas:

Agriculture.
Business education.
Business and office.
Child services.
Clothing services.
Family and consumer services.
Food services.
Healthcare-related occupations.
Home economics-related occupations.
Housing and equipment services.
Marketing.
Trade specialist.

(2) Authorization. A license issued under this section authorizes the license holder to teach a technology education subject or vocational education subject in the school district that provided the offer of employment under sub. (3)., and it is not valid in another school district.

(3) Eligibility. The state superintendent may issue a tier I license under this section to an applicant who meets all of the following requirements:

(a) Meets the minimum requirements under s. 118.191 (2), Stats.

(b) Enters into an agreement with the school board of the school district in which the applicant has received an offer of employment which requires the applicant to complete a curriculum in professional development training during the term of the initial license, as determined by that school board.

(4) Duration. A license issued under this section is valid for 3 years.

(5) Advancement. Upon expiration of the initial license issued under sub. (2), the state superintendent shall issue the applicant a 5-year, renewable professional experience-based license to teach a technical or vocational education subject if all of the following apply:

(a) The applicant is eligible for a teaching license under this section.

(b) The applicant has completed the professional development curriculum agreed to under sub. (3) (b) to the satisfaction of the school board of the school district where the applicant teaches.

(c) The applicant submits to the state superintendent evidence of completing the curriculum agreed to under sub. (3) (b).

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.0374 Tier I, trade specialist permit {#sec-pi-34.0374 omnilex-key=us-wi-regs-official--agency-pi--PI 34.0374}

(1) Definitions. In this section:

(a) “Apprenticeship program” means an approved apprenticeship program under s. 106.001 (4), Stats., or pursuant to laws in other states governing approved apprenticeship programs, in an industrial arts subject.

(b) “Industrial arts subject” means one of the following subject areas:

Computer numerical control machinist.

Note: Computer numerical control is commonly referred to by its acronym, CNC.

Cabinet maker.
Machinist.
Sheet metal worker.
Manufacturer.
Welder-fabricator.
Carpenter.
Mason.
Heating, ventilation, and air conditioning technician.

Note: Heating, ventilation, and air conditioning is commonly referred to by its acronym, HVAC.

Plumber.
Industrial pipefitter or millwright.
Electrician.
Auto technician.
Auto body repairer.
Broadband service technician.
Electric line worker.
Mechatronics technician.

(2) Authorization. A permit issued under this section authorizes the permit holder to teach in grades 9 to 12 in the industrial arts subject for which the applicant meets the requirements under sub. (3).

(3) Eligibility. The state superintendent may issue a tier I permit under this section to an applicant who meets one of the following requirements:

(a) Holds an apprenticeship certificate verifying completion of an apprenticeship program, which has the meaning given in s. 106.001 (4), Stats., or pursuant to other states’ apprenticeship laws and verifies 3 years of experience employed in the industrial arts subject beyond the apprenticeship.

(b) Has completed four years of institutional training in the industrial arts subject at an accredited institution of higher education.

(c) Holds a certification by the Wisconsin technical college system board to teach the industrial art subject or similar subject.

(5) Duration. A permit issued under this section is valid for 5 years.

(6) Renewal. A permit issued under this section is renewable.

History

CR 24-018: cr. Register July 2024 No. 823, eff. 8-1-24; renum. from 34.0375 under s. 13.92 (4) (b) 1., Stats., Register July 2024 No. 823.

Wis. Admin. Code § PI 34.0375 Tier I, clinically trained mental health professional license {#sec-pi-34.0375 omnilex-key=us-wi-regs-official--agency-pi--PI 34.0375}

(1) Authorization. A license issued under this section authorizes the license holder to work as a clinically trained mental health professional. A license issued under this section does not authorize the license holder to work as a school social worker or a school counselor.

(2) Eligibility. The state superintendent may issue a tier I license under this section to an applicant who satisfies all of the following:

(a) The applicant holds all of the following:

A master’s degree in marriage and family therapy, mental health counseling, social work, or a similar field.
A valid clinical marriage and family therapy license, clinical professional counselor license, or clinical social worker license issued by the marriage and family therapy, professional counseling, and social work examining board.

(b) The applicant agrees to do all of the following:

Store, safeguard, and dispose of client records in ways that maintain confidentiality and comply with the federal Health Insurance Portability and Accountability Act of 1996, 45 CFR 164.502.
Maintain accurate and adequate clinical and financial records in accordance with the federal Health Insurance Portability and Accountability Act of 1996, 45 CFR 164.502.

(3) Duration. A license issued under this section is valid for 2 years.

(4) Renewal. A license issued under this section is renewable.

History

2023 Wis. Act 196: cr. Register April 2024 No. 820, eff. 5-1-24.

Wis. Admin. Code § PI 34.0385 Tier I tribal, community and school liaison license {#sec-pi-34.0385 omnilex-key=us-wi-regs-official--agency-pi--PI 34.0385}

(1) Authorization. A license issued under this section authorizes the license holder to work as a tribal, community, and school liaison in an American Indian language and culture education program. A license to serve as a liaison in an American Indian language and culture program is not mandatory.

(2) Eligibility. The state superintendent may issue a tribal, community, and school liaison license under this section if all of the following apply:

(a) The applicant is determined competent for the license by the designee of the local American Indian parent advisory committee under s. 115.735, Stats., and one of the following:

The district administrator of the employing school district.
The administrator of the employing alternative school.

(b) The applicant is certified to be competent in the associated American Indian language and is knowledgeable about the history and culture of the associated American Indian population. The certification under this paragraph shall be made by one of the following entities, as determined by the associated tribal government:

The tribal council.
The tribal language division.
The local American Indian parent advisory committee.

(3) Duration. A license issued under this section is valid for a period of no less than one year and not to exceed three years, as determined on an individual basis, upon certification by the entity designated by the associated tribal government under sub. (2) (b).

(4) Renewal. A license issued under this section is renewable.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 19-034: (title), (1), (2) renum. from PI 34.053, am. (title), cr. (3), (4) Register February 2020 No. 770, eff. 3-1-20; correction in (3) made under s. 35.17, Stats., Register May 2025 No. 833.

Wis. Admin. Code § PI 34.0386 Tier I, American Indian language and culture aide license {#sec-pi-34.0386 omnilex-key=us-wi-regs-official--agency-pi--PI 34.0386}

(1) Authorization. A license issued under this section authorizes the license holder to serve as a tribal, community, and school liaison in an American Indian language and culture education program. A license to serve as an aide in an American Indian language and culture program is not mandatory.

(2) Eligibility. The state superintendent may issue an American Indian language and culture aide license under this section if all of the following apply:

(a) The applicant is determined competent for the license by the designee of the local American Indian parent advisory committee under s. 115.735, Stats., and one of the following:

The district administrator of the employing school district.
The administrator of the employing alternative school.

The tribal council.
The tribal language division.
The local American Indian parent advisory committee.

(4) Renewal. A license issued under this section is renewable.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 19-034: (title), (1), (2) renum. from PI 34.054, am. (title), cr. (3), (4) Register February 2020 No. 770, eff. 3-1-20; correction in (3) made under s. 35.17, Stats., Register May 2025 No. 833.

Wis. Admin. Code § PI 34.0387 Tier I, American Indian language license — alternative eligibility {#sec-pi-34.0387 omnilex-key=us-wi-regs-official--agency-pi--PI 34.0387}

(1) Authorization. A license issued under this section authorizes an individual to teach one of the following languages in an American Indian language program of one of the tribes in s. PI 34.055 (1).

(2) eligibility. The state superintendent may issue an American Indian language license as specified in s. 115.28 (17) (a), Stats., under this section to an applicant who does not meet all of the requirements of s. PI 34.055 (2) who is recommended by the employing school district administrator or the employing administrator of an alternative school and is certified competent in the associated American Indian language by one of the following entities, as determined by the associated tribal government:

(a) The tribal council.

(b) The tribal language division.

(4) Renewal. A license issued under this section is renewable.

History

CR 19-034: cr. (title), (1), (2) renum. from PI 34.0388 (2) (b) and, as renumbered, am. (2) (intro.), cr. (2) (title), (3), (4) Register February 2020 No. 770, eff. 3-1-20; correction in (2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register February 2020 No. 770; correction in (3) made under s. 35.17, Stats., Register May 2025 No. 833.

Wis. Admin. Code § PI 34.0388 Tier I, American Indian history, culture and tribal sovereignty license — alternative eligibility {#sec-pi-34.0388 omnilex-key=us-wi-regs-official--agency-pi--PI 34.0388}

(1) Authorization. A license issued under this section authorizes the license holder to teach Wisconsin American Indian history, culture and tribal sovereignty of one of the tribes in s. PI 34.056 (1).

(2) Eligibility. The state superintendent may issue an American Indian history, culture, and tribal sovereignty license under this section to an applicant who meets all of the following requirements:

(a) The applicant is recommended for the license by the employing school district administrator or the employing administrator of an alternative school.

(am) The applicant is certified to be competent in the associated American Indian history, culture, and tribal sovereignty. The certification under this paragraph shall be made by one of the following entities, as determined by the associated tribal government:

The tribal council.
The tribal language division.
The local American Indian parent advisory committee.

(b) The applicant submits evidence demonstrating that the individual has all of the following competencies:

The ability to plan and organize instructional materials, units, and lessons designed to instruct pupils in the history, culture, and tribal sovereignty of Wisconsin American Indians.
The ability to classify the principal ways in which the Wisconsin American Indian culture resembles and differs from that of the non-Native culture of the United States.
The ability to draw from personal experience in order to create a variety of learning situations which bring the reality of American Indian culture closer to the pupil.
The ability to devise teaching methods appropriate to the culture of Wisconsin American Indians.
The ability to develop, encourage, and promote pupil participation in activities and events which reflect the contemporary ways of life of the Wisconsin American Indian culture and tribal sovereignty.
Knowledge of the principles and theories of child, young adolescent, or adolescent growth and development, as appropriate to the level or levels of licensure, and the relationship of that knowledge to teaching Wisconsin American Indian history, culture, and tribal sovereignty.

(4) Renewal. A license issued under this section is renewable.

History

CR 19-034: cr. (title), (1), (2) renum. from PI 34.056 (3) and, as renumbered, am. (2) (intro.), (a), (b) (intro.), cr. (2) (am), (3), (4) Register February 2020 No. 770, eff. 3-1-20; correction in (3) made under s. 35.17, Stats., Register May 2025 No. 833.

Wis. Admin. Code § PI 34.039 Tier I limitations {#sec-pi-34.039 omnilex-key=us-wi-regs-official--agency-pi--PI 34.039}

A tier I license is subject to all of the following:

(1) Except as provided in ss. PI 34.033 and 34.036, an individual may not have a tier I license in special education for more than 3 years.

(2) A school employing a tier I license holder in special education shall meet the requirements under 34 CFR 300.156 (c).

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (1), eff. 1-14-19; CR 19-034: am. (1) Register February 2020 No. 770, eff. 3-1-20; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register August 2025 No. 836; CR 26-006: am. (1) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 34.040 Tier II provisional educator license {#sec-pi-34.040 omnilex-key=us-wi-regs-official--agency-pi--PI 34.040}

(1) Authorization.

(a) Except as provided in pars. (b) and (d), a tier II license authorizes an individual to teach or work in the license area specified under subch. VI, VII, or VIII.

(b) A license issued sub. (2) (e) authorizes an individual to teach in a Montessori school or program. The age level of a license issued under sub. (2) (e) shall be based on the age levels endorsed by the accredited Montessori training program that the applicant completed.

(c) The subject area and grade level of a license issued under sub. (2) (d) and (g) shall be based on the license areas endorsed by the accredited preparation program that the applicant completed.

(d) A license issued under sub. (2) (n) authorizes the license holder to do one of the following:

Teach in a license area under subch. VI. The state superintendent shall determine the subjects and grade levels of the license based on all of the following:

a. The subjects and grades the individual is authorized to teach under the license granted to the individual by another state.

b. The individual’s teaching experience.

Work as an administrator in a license area under subch. VIII. The state superintendent shall determine the license area of the license based on all of the following:

a. The individual’s license granted by another state.

b. The individual’s experience as an administrator.

(2) Eligibility. The state superintendent may issue a tier II license under this section to an applicant who meets one of the following:

(a) Approved program. The applicant did all of the following:

Completed an approved program.
Received an institutional endorsement.
Demonstrated content knowledge by meeting the content requirements under s. PI 34.021 (1) (c).
Demonstrated pedagogical knowledge, as required under s. PI 34.021 (1) (d).
Met the requirements under s. PI 34.022.

(b) Expired or invalid license. The applicant holds an expired initial educator, professional educator, or master educator license or an invalid tier III, or tier IV license.

(c) License based on equivalency. The applicant submits a certification from an institution which certifies that the applicant completed the equivalent of the institution’s approved program.

(d) License based on experience. The applicant meets all of the following requirements:

Holds a bachelor’s degree or higher.
Completed an out-of-state program.
Has at least 3 years of successful teaching experience in the subject area of the license.
Meets the requirements under sub. (2) (a) 3.to 5.

(e) Montessori training. The applicant meets the requirements under s. 118.194 (1), Stats.

(f) Online-only preparation with no student teaching experience. The applicant meets the requirements under s. 118.197, Stats.

(g) Out-of-state program. The applicant meets all of the following requirements:

Completed an out-of-state educator preparation program that meets all of the following requirements:

a. Is approved by the state education agency of the state in which it is headquartered.

b. Is comparable to a Wisconsin approved educator preparation program, including student teaching experience, as defined under s. PI 34.023 (2) (a) to (f), for those seeking a teaching license under subch. VI, or under subch. IX if the applicant holds or is concurrently applying for a tier II teaching license under subch. VI.

c. Is comparable to a Wisconsin approved educator preparation program, including a practicum experience under s. PI 34.023 (3) (a), for those seeking pupil services or administrator licenses issued under subchs. VII and VIII.

Received an institutional endorsement from the preparation program.
Demonstrated content knowledge with a passing score on a standardized content knowledge test as required by the state where the program is headquartered. If such a test is not required or not available in that state, then a passing score on a standardized test approved by the Wisconsin state superintendent or a cumulative grade point average of not less than 3.0 on a 4.0 scale for courses in the subject area or position may be utilized.
Provided evidence demonstrating knowledge and understanding of all applicable concepts and topics described in s. PI 34.022. If an applicant is unable to provide such evidence, the applicant may be eligible to receive a tier I license.
Met the following degree requirements:

a. A bachelor’s degree for individuals seeking a teaching license under subch. VI.

b. The minimum degree requirements under subchs. VII and VIII for those seeking a pupil services license or an administrator’s license.

An educator seeking a tier II pupil services license under subch. VII shall meet all requirements under s. PI 34.058 (1) and (2), the eligibility requirements for the requested license under subch. VII, and the requirements of this paragraph.
An educator seeking an administrator license under subch. VIII shall meet the requirements in s. PI 34.065, the eligibility requirements for the requested license under subch. VIII, and the requirements of this paragraph.
An educator who holds a valid tier II or higher teaching license issued under subch. VI and is seeking a supplemental area license under subch. IX shall meet the requirements of s. PI 34.073, the eligibility requirements for the requested supplementary area license, and the requirements of this paragraph.

(h) Standards-based training or assessment. The applicant successfully completed a standards-based training or assessment program approved by the state superintendent and passed the assessments approved under s. PI 34.021.

(i) National board certification. The applicant is certified by the national board for professional teaching standards.

(j) Clinically-trained speech-language pathologist. The applicant meets all of the following:

Holds a master’s degree or higher in speech-language pathology.
Holds or has held a valid speech-language pathologist license issued by the hearing and speech examining board under s. 459.24, Stats.
Has fulfilled the duties as a speech-language pathologist for at least one year in a Wisconsin school while holding a license issued under s. PI 34.028 (2) (d).
Has completed training under s. 118.19 (8) and (9), Stats.
Has completed training regarding children with disabilities as described in s. PI 34.022 (7).

(k) Clinically-trained social worker. The applicant meets all of the following:

Holds a master’s degree in social work.
Has fulfilled the duties as a school social worker for at least one year in a Wisconsin school while holding a license issued under s. PI 34.028.
Has successfully completed training in all of the following:

a. Developmental psychopathology.

b. Assessment of children.

c. Child abuse and neglect.

d. Working with children and families.

e. School social work practice.

f. Children with disabilities.

Has met the requirements under s. 118.19 (8) and (9), Stats.

(L) Licensed school nurse. The applicant for licensed school nurse holds a valid national certification as a school nurse by the National Board for Certification of School Nurses.

(Lg) School social worker. The applicant for a nationally certified school social worker license holds one of the following:

A valid national certification as a school social worker by the School Social Work Association of America.
A valid credential as a certified school social work specialist issued by the National Association of Social Workers.

(Lr) School counselor. The applicant for a nationally certified school counselor license holds one of the following:

A valid national board certification as a teacher for school counseling by the National Board for Professional Teaching Standards.
A valid national certification as a school counselor by the National Board for Certified Counselors.
A valid national certification as a school counselor by the American School Counselor Association.

(m) School psychologist. The applicant for school psychologist holds a valid credential as a Nationally Certified School Psychologist.

(n) License based on reciprocity. The applicant meets all of the following requirements:

The applicant meets all of the requirements under s. 118.193 (2), Stats., for a license issued under sub. (1) (d) 1. or all of the requirements under s. 118.193 (3), Stats., for a license issued under sub. (1) (d) 2.
The applicant’s license issued by another state is in good standing.
The applicant meets the requirements under s. 118.193 (2) (b) or (3) (b), Stats., as determined by the applicant engaging in full-time teaching or work as an administrator for at least one year.

(3) Duration. A license issued under this section is valid for 3 years.

(4) Renewal. A license issued under this section is renewable.

(5) District requirements. A school district employing a tier II license holder who has less than three years of full-time teaching experience shall provide all of the following:

(a) Ongoing orientation and support which is collaboratively developed by teachers, administrators, and other school district stakeholders.

(b) A licensed mentor who successfully completed a mentor training program approved by the department.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (2) (d) 4. made under s. 35.17, Stats., Register May 2018 No. 751; EmR1909; emerg. am. (1) (b), cr. (1) (c), am. (2) (h), eff. 1-14-19; CR 19-034: am. (1) (b), cr. (1) (c), am. (2) (h) Register February 2020 No. 770, eff. 3-1-20; CR 20-070: cr. (2) (j) Register August 2021 No. 788, eff. 9-1-21; CR 20-082: am. (2) (intro.), cr. (2) (k) to (m) Register August 2021 No. 788, eff. 9-1-21; correction in (2) (L) made under s. 35.17, Stats., Register August 2021 No. 788; CR 21-010: am. (1) (a), cr. (1) (d), (2) (j) Register September 2021 No. 789, eff. 10-1-21; correction in (1) (d) (intro.) made under s. 13.92 (4) (b) 7., Stats., correction in numbering of (2) (n) under s. 13.92 (4) (b) 1., and correction in (2) (n) 2. made under s. 13.92 (4) (b) 7., Stats., Register September 2021 No. 789; CR 22-005: am. (2) (j) 3. Register July 2022 No. 799, eff. 8-1-22; CR 25-007: am. (2) (g) 1. a., b., cr. (2) (g) 1. c., am. (2) (g) 3., 4., cr. (2) (g) 5. to 8. Register July 2025 No. 835, eff. 8-1-25; correction in (2) (g) 1. b. made under s. 35.17, Stats., and correction in (2) (g) 6. to 8. made under s. 13.92 (4) (b) 7, Stats., Register July 2025 No. 835; CR 25-016: am. (2) (n) 2. Register August 2025 No. 836, eff. 9-1-25; CR 25-042: cr. (2) (Lg), (Lr) Register November 2025 No. 839, eff. 12-1-25; CR 26-006: am. (1) (d) 1. a. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 34.0405 Tier II military spouse license {#sec-pi-34.0405 omnilex-key=us-wi-regs-official--agency-pi--PI 34.0405}

(1) Authorization. A license issued under this section authorizes an individual to teach or work in the license area specified under subch. VI, VII, or VIII.

(2) Eligibility. The state superintendent may issue a Tier II license to an applicant who meets all of the following:

(a) The applicant is the spouse of an individual who is active duty military personnel.

(b) The applicant holds a valid teacher, pupil services, or administrator license from another state.

(c) The applicant provides verification of the applicant’s spouse’s current military orders and a copy of one of the following:

The applicant’s marriage license.
The military ID card for the applicant’s spouse.

(3) Duration. A license issued under this section is valid for 3 years.

(4) Renewal. A license issued under this section is nonrenewable.

History

CR 19-029: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.041 Tier III lifetime license {#sec-pi-34.041 omnilex-key=us-wi-regs-official--agency-pi--PI 34.041}

(1) Definitions. In this section:

(a) “Educational entity” includes any of the following:

CESA.
Charter school.
Licensed child care provider under contract with a school district to provide 3 or 4-year-old kindergarten.
Private school.
School district.

5m. Tribal school.

Wisconsin center for the blind and visually impaired.

6m. Wisconsin Challenge Academy under s. 321.03 (1) (c), Stats.

Wisconsin educational services program for the deaf and hard of hearing.

(b) “Regularly employed in education” means employed as an educator providing services directly to students, families or fellow educators in a prekindergarten through college setting or providing administrative oversight in a prekindergarten through grade 12 setting for one hour per day per semester or its equivalent.

(c) “Successfully completed” means the fulfillment of duties as a teacher, pupil services professional, or administrator for each semester completed under the terms of employment.

(2) Authorization. A tier III license issued under this section authorizes an individual to teach or work in the license area specified under subch. VI, VII, or VIII.

(3) Eligibility. The state superintendent may grant a tier III license to an applicant if all of the following requirements are met:

(a) The applicant holds or has held a valid tier II license.

(b) The applicant meets one of the following requirements:

Completed 6 semesters of experience in the license area of the tier II license. The 6 semesters of experience shall be completed within the five years preceding the start date of the new tier III license. The 6 semesters of experience shall include experience providing direct services to students or providing administrative oversight in a prekindergarten through grade 12 setting in the license area of the tier II license while employed by an educational entity in Wisconsin.
Held a tier II license issued in the 2017-18 school year and completed 6 semesters of experience in the license area of the tier II license. The 6 semesters of experience shall have occurred between July 1, 2015, and July 1, 2018, and shall have included experience providing direct services to students or providing administrative oversight in a prekindergarten through grade 12 setting in the license area of the tier II license while employed by an educational entity in Wisconsin.

(c) The applicant verifies to the state superintendent that the applicant has successfully completed the service under par. (b) on a form provided by the department. The form shall require verification from each applicable employer for whom the applicant has successfully completed service.

(4) License area. If the applicant holds multiple tier II licenses under subch. VI, VII, or VIII, experience in a license area in that subchapter will qualify as experience for other licenses held in the same applicable subchapter.

(5) Duration. A license issued under this section remains valid unless one of the following occurs:

(a) The license holder has not been regularly employed in education for 5 or more consecutive years.

(b) The license holder does not meet the requirements under sub. (6). The state superintendent shall restore a license that becomes invalid under this paragraph if the license holder obtains a satisfactory background check under sub. (6) within 180 calendar days of the license being invalidated.

(6) Background check. An individual holding a license issued under this section shall submit a request to the department to have a new background check conducted once every five years. The request shall be made between January 1 and June 30 of the fifth year since the individual’s last background check, and by the same dates every five years thereafter. The department may charge a reasonable fee to cover the cost of background checks.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 18-060: r. and recr. Register April 2019 No. 760, eff. 5-1-19; correction in (1) (a) 3. made under s. 35.17, Stats., Register April 2019 No. 760; CR 19-034: cr. (1) (a) 5m., am. (4) Register February 2020 No. 770, eff. 3-1-20; CR 24-015: cr. (1) (a) 6m. Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § PI 34.042 Tier IV master educator license {#sec-pi-34.042 omnilex-key=us-wi-regs-official--agency-pi--PI 34.042}

(1) Authorization. A tier IV license issued under this section authorizes an individual to teach or work in the license area specified under subch. VI, VII, VIII, or IX.

(2) Eligibility. The state superintendent may issue a tier IV license if the applicant holds or has held a valid tier III license and is certified by the national board for professional teaching standards or, if there is no applicable national board assessment, the applicant meets all of the following requirements:

(a) The applicant submits an application to the state superintendent which includes evidence of all of the following:

The applicant holds a master’s degree related to grade level and subject area of the license.
The applicant has at least 5 years of successful professional experience under a tier III license in the license area of the tier III license.
The applicant has made contributions to the profession.
The applicant has improved pupil learning.

(b) An assessment team recommends the applicant for a tier IV license. The assessment team shall base its decision on a formal assessment process whereby the applicant demonstrates that the applicant has mastered all of the applicable standards under subch. II. The assessment process shall be comparable to the national board for professional teaching standards process and be approved by the state superintendent.

(3) Assessment team. The assessment team under sub. (2) (b) shall be composed of 3 members and meet the following:

(a) At least one assessment team member shall be an educator who meets all of the following requirements:

Holds a valid teacher, pupil services, or administrator license at the tier II level or higher.
Has the same license as the portfolio of the applicant.
Has or had the same or similar job responsibilities as the applicant.
Has at least 5 years of successful professional experience under a teaching, pupil services, or administrator license.

(b) The assessment team may also include educators who hold a valid teacher, pupil services, or administrative license under this chapter at the tier II level or higher.

(c) The assessment team may also include up to one school board member with at least one year of experience as a school board member.

(d) The assessment team members shall be approved by the state superintendent and have successfully completed training provided by the department.

(4) License area. The state superintendent shall assign the same license area to a tier IV license issued under this section as the applicant’s tier III license.

(5) Duration. A license issued under this section remains valid unless one of the following occurs:

(a) The license holder has not been regularly employed in education for 5 or more consecutive years.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 18-060: am. (5) (a) Register April 2019 No. 760, eff. 5-1-19; CR 24-077: consol. (2) (b) (intro.), 1. and renum. (2) (b) and am., r. (2) (b) 2., r. and recr. (3) Register May 2025 No. 833, eff. 6-1-25.

Subchapter VI Teaching Areas

Wis. Admin. Code § PI 34.043 Applicability {#sec-pi-34.043 omnilex-key=us-wi-regs-official--agency-pi--PI 34.043}

The state superintendent shall assign a license area under this subchapter to each teaching license issued under subch. V.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.044 Early childhood {#sec-pi-34.044 omnilex-key=us-wi-regs-official--agency-pi--PI 34.044}

(1) Eligibility. The state superintendent may issue a license in the early childhood teaching area under this section if the applicant completed an approved program in early childhood education and met the assessment requirements under s. PI 34.021 (1) (c) and (d).

(2) Grade levels. A license issued under this section authorizes an individual to teach in a regular education setting with pupils from birth to grade 3.

(3) Subject areas. Subject to sub. (2), a license issued under this section authorizes an individual to teach any regular education subject.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) made under s. 35.17, Stats., Register May 2018 No. 751.

Wis. Admin. Code § PI 34.045 Elementary and middle school {#sec-pi-34.045 omnilex-key=us-wi-regs-official--agency-pi--PI 34.045}

(1) Eligibility. The state superintendent may issue a license in the elementary and middle school license area under this section if the applicant completed an approved program in elementary and middle school education with at least one course in the curriculum content of the Wisconsin standards in each of the following subjects:

(a) Language arts.

(b) Mathematics.

(d) Social studies.

(2) Grade levels. A license issued under this section authorizes an individual to teach in a regular education setting grades kindergarten through 9.

(3) Subject areas. Subject to sub. (2), a license issued under this section authorizes an individual to teach any subject, except a world language in a self-contained classroom, or the subjects listed under sub. (1) in a departmentalized setting.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751.

Wis. Admin. Code § PI 34.046 Middle and high school {#sec-pi-34.046 omnilex-key=us-wi-regs-official--agency-pi--PI 34.046}

(1) Eligibility. The state superintendent may issue a middle and high school license under this section to a licensee if the applicant who completed an approved program in middle and high school education.

(2) Grade levels. A license issued under this section authorizes an individual to teach in a regular education setting grades 4 through 12.

(3) Subject areas. Subject to sub. (2), a license issued under this section authorizes an individual to teach one or more of the following subject areas, as determined under sub. (1):

(a) Computer science.

(b) English and language arts.

(d) Science.

(e) Social studies.

(f) Chemistry.

(g) Earth and space science.

(h) Life and environmental science.

(i) Physics.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 26-031: cr. (3) (f) to (i) Register August 2026 No. 848, eff. 9-1-26.

Wis. Admin. Code § PI 34.047 Kindergarten through grade 12 {#sec-pi-34.047 omnilex-key=us-wi-regs-official--agency-pi--PI 34.047}

(1) Eligibility. The state superintendent may issue a kindergarten through grade 12 license under this section if the applicant meets all of the following requirements:

(a) The applicant completed an approved program in the subject area of the license sought under sub. (3).

(b) The applicant successfully met the assessment requirements in s. PI 34.021 (1) (c) and (d).

(2) Grade levels. A license issued under this section authorizes an individual to teach in kindergarten through grade 12.

(3) Subject areas. A license issued under this section authorizes an individual to teach one of the following subjects, as determined under sub. (1):

(a) Agriculture education.

(b) Art.

(d) Dance.

(e) English as a second language.

(f) Family and consumer education.

(g) Health.

(h) Instructional library media specialist.

(i) Latin.

(j) Marketing education.

(k) Music.

(L) Physical education.

(n) Technology education.

(o) Theater.

(p) World languages, such as Chinese, French, German, Russian, Spanish, or other languages spoken in multiple countries.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2018 No. 751; EmR1909: emerg. am. (title), (2), eff. 1-14-19; CR 19-034: am. (title), (2) Register February 2020 No. 770, eff. 3-1-20; CR 20-070: am. (3) (m), (4) Register August 2021 No. 788, eff. 9-1-21; CR 22-005: am. (1) (intro.), r. (3) (m), (4) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § PI 34.0475 Speech-language pathology {#sec-pi-34.0475 omnilex-key=us-wi-regs-official--agency-pi--PI 34.0475}

(1) Authorization. A license under this section authorizes an individual to teach as a speech-language pathologist in any grade.

(2) Eligibility. The state superintendent may issue a license to teach as a speech-language pathologist under this section if the applicant does one of the following:

(a) The applicant meets all of the following requirements:

The applicant completed an approved program in speech-language pathology.
The applicant successfully met the assessment requirements as described in s. PI 34.021 (1) (c) and (d).

(b) The applicant meets the requirements in s. PI 34.028 (2) (d).

History

CR 22-005: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § PI 34.048 Early childhood special education {#sec-pi-34.048 omnilex-key=us-wi-regs-official--agency-pi--PI 34.048}

(1) Authorization. A license under this section authorizes an individual to provide special education services to pupils from birth to grade 3.

(2) Eligibility. The state superintendent may issue an early childhood special education license under this section if the applicant meets all of the following requirements:

(a) The applicant completed an approved program in early childhood special education.

(b) The applicant successfully met the assessment requirements in s. PI 34.021 (1) (c) and (d).

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2018 No. 751.

Wis. Admin. Code § PI 34.049 Kindergarten through grade 12 cross-categorical special education {#sec-pi-34.049 omnilex-key=us-wi-regs-official--agency-pi--PI 34.049}

(1) Authorization. A license issued under this section authorizes an individual to teach in a program that provides services to pupils in kindergarten through grade 12 with intellectual, emotional-behavioral, specific learning, or other disabilities.

(2) Eligibility. The state superintendent may issue a kindergarten through grade 12 special education license under this section to an applicant who meets all of the following requirements:

(a) The applicant completed an approved program in kindergarten through grade 12 special education.

(b) The applicant successfully met the assessment requirements in s. PI 34.021 (1) (c) and (d).

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2018 No. 751.

Wis. Admin. Code § PI 34.050 Deaf or hard of hearing {#sec-pi-34.050 omnilex-key=us-wi-regs-official--agency-pi--PI 34.050}

(1) Authorization. A license issued under this section authorizes an individual to teach pupils who are deaf or hard of hearing in any grade.

(2) Eligibility. The state superintendent may issue a deaf or hard of hearing license under this section to an applicant who completed an approved program, met the assessment requirements in s. PI 34.021 (1) (c) and (d), and meets all of the following requirements:

(a) The applicant demonstrates knowledge and understanding of all of the following:

Pupils who are deaf and hard of hearing.
Curriculum and methods for teaching pupils who are deaf or hard of hearing at the appropriate level.
Language acquisition and development for pupils who are deaf or hard of hearing.
Speech for pupils who are deaf or hard of hearing.
Speech reading and auditory training for pupils who are deaf or hard of hearing.
Manual communication.

(b) The applicant completed student teaching with pupils who are deaf or hard of hearing.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register May 2018 No. 751.

(1) Authorization. A license issued under this section authorizes an individual to teach pupils who are blind and visually impaired in any grade.

(2) Eligibility. The state superintendent may issue a blind and visual impairment license under this section to an applicant who completes an approved program which included all of the following:

(a) Philosophical, historical, and legal foundations of special education and the area of blind and visual impairment.

(b) Characteristics of pupils who are blind and visually impaired, including the structure and functions of the eye.

(d) Instructional content for pupils who are blind and visually impaired.

(e) Instructional strategies to plan effective learning environments for pupils who are blind and visually impaired.

(f) Student teaching of pupils who are blind and visually impaired.

(g) Successful completion of the national literary Braille competency test.

(h) Coursework in methods of teaching Braille.

(i) Experience in teaching Braille to pupils which is based on documentary evidence approved by the state superintendent. The experience may include a practicum or student teaching.

(j) The applicant successfully met the assessments requirements under s. PI 34.021 (1) (c) and (d).

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (2) (j) made under s. 13.92 (4) (b) 7., Stats., Register May 2018 No. 751.

Wis. Admin. Code § PI 34.052 Additional license areas {#sec-pi-34.052 omnilex-key=us-wi-regs-official--agency-pi--PI 34.052}

(1) Applicability. An individual holding a tier II, III, or IV license may add additional license areas to the license by meeting the requirements of this section. The grade levels of the licenses added under sub. (4) or (5) shall be the same as the individual’s existing teacher license.

(2) Early childhood. An individual holding an elementary and middle school license under s. PI 34.045, a special education license under s. PI 34.049, or an equivalent license may add the early childhood education license area under s. PI 34.044 by meeting all of the following requirements:

(a) Have at least 4 semesters of classroom teaching experience in prekindergarten through grade 3. The teaching experience may include teaching in a Head Start program.

(b) Have a passing score on a content knowledge test approved by the state superintendent.

(3) Mathematics or English language arts. An individual holding an elementary and middle school license under s. PI 34.045, a special education license under s. PI 34.049, or an equivalent license may add the middle and high school license area under s. PI 34.046 in math or English language arts by meeting all of the following requirements:

(a) Having at least 4 semesters of relevant experience teaching mathematics or English language arts in a regular education classroom in grades 7 or 8.

(b) Passing the applicable content knowledge test approved by the state superintendent.

(4) Additional middle and high school subject areas. An individual holding a middle and high school license under s. PI 34.046, a special education license under s. PI 34.049, a kindergarten through grade 12 license under s. PI 34.047, or an equivalent license, may add one or more of the following additional middle and high school subject areas by passing the applicable content knowledge test approved by the state superintendent:

(a) Biology.

(b) Chemistry.

(d) Earth and space science.

(e) Economics.

(f) English.

(g) Environmental studies.

(h) History.

(i) Journalism.

(j) Life and environmental science.

(k) Math.

(L) Physics.

(m) Political science.

(n) Psychology.

(o) Sociology.

(p) Speech communications.

(q) Geography.

(5) Additional kindergarten through grade 12 subject areas. An individual holding a kindergarten through grade 12 license under s. PI 34.047 (3) (a) to (L) or (n) to (p), or an equivalent license, may add additional kindergarten through grade 12 subject areas under ss. PI 34.047 (3) (a) to (L) or (n) to (p) by passing the applicable content knowledge test approved by the state superintendent.

(6) English as a Second Language and World Languages. An individual holding an elementary and middle school license under s. PI 34.045, a special education license under s. PI 34.049, or an equivalent license may add a license in English as a second language or a world language by passing the applicable content knowledge test approved by the state superintendent.

(7) Effective date. The effective date for licenses added under this section shall be July 1 of the year in which the test was passed if the test was passed by August 31 of that year or the following July 1.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (2) (intro.), (4) (intro.), (5), (6) made under s. 35.17, Stats., Register May 2018 No. 751; EmR1909: emerg. am. (1), (4) (intro.), cr. (4) (q), am. (5), cr. (7); CR 19-034: am. (1), (4) (intro.), cr. (4) (q), am. (5), cr. (7) Register February 2020 No. 770, eff. 3-1-20; correction in (5) made under s. 35.17, Stats., Register February 2020 No. 770; correction in (4) (intro.), (5) made under s. 13.92 (4) (b) 7., Stats., Register April 2020 No. 771; CR 26-006: am. (4) (intro.) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 34.055 American Indian language license {#sec-pi-34.055 omnilex-key=us-wi-regs-official--agency-pi--PI 34.055}

(1) Authorization. A license issued under this section authorizes the license holder to teach one of the following languages in an American Indian language program:

(a) Ojibwe.

(b) Hocak.

(d) Oneida.

(e) Potawatomi.

(f) Mohican.

(2) Eligibility. The state superintendent may issue a license under this section to an applicant who meets all of the following requirements:

(am) The applicant holds or is eligible to hold a teaching license.

(bm) The applicant is recommended for a license under this section by the employing school district administrator or the employing administrator of an alternative school.

(cm) The applicant is certified to be competent in the associated American Indian language. The certification under this paragraph shall be made by one of the following entities, as determined by the associated tribal government:

The tribal council.
The tribal language division.
The local American Indian parent advisory committee.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 19-034: am. (2) (intro.), r. (2) (a) (intro.), renum. (2) (a) 1., 2., 3. to (2) (am), (bm), (cm), renum. (2) (b) to PI 34.0387 (2) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 34.056 American Indian history, culture, and tribal sovereignty license {#sec-pi-34.056 omnilex-key=us-wi-regs-official--agency-pi--PI 34.056}

(1) Authorization. A license issued under this section authorizes the license holder to teach Wisconsin American Indian history, culture, and tribal sovereignty of one of the following tribes in an American Indian education program.

(a) Bad River Band of the Lake Superior Chippewa Indians.

(b) Lac Courte Oreilles Band of the Lake Superior Chippewa Indians.

(d) Red Cliff Band of the Lake Superior Chippewa Indians.

(e) Sokaogon Chippewa Community.

(f) St. Croix Chippewa Community.

(g) Forest County Potawatomi Community.

(h) Stockbridge-Munsee Band of Mohican Indians.

(i) Menominee Indian Tribe of Wisconsin.

(j) Oneida Nation of Wisconsin.

(k) Ho-Chunk Nation.

(2) Eligibility. The state superintendent may issue an American Indian history, culture, and tribal sovereignty license under this section to an applicant who meets all of the following requirements:

(a) The applicant holds or is eligible to hold a teaching license.

(b) The applicant is recommended for the license by the employing school district administrator or the employing administrator of an alternative school.

(c) The applicant is certified to be competent in the associated American Indian history, culture, and tribal sovereignty. The certification under this paragraph shall be made by one of the following entities, as determined by the associated tribal government:

The tribal council.
The tribal language division.
The local American Indian parent advisory committee.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (3) (a) made under s. 35.17, Stats., Register May 2018 No. 751; CR 19-034: renum. (3) to PI 34.0388 (2) Register February 2020 No. 770, eff. 3-1-20.

Subchapter VII Pupil Services Areas

Wis. Admin. Code § PI 34.057 Applicability {#sec-pi-34.057 omnilex-key=us-wi-regs-official--agency-pi--PI 34.057}

The state superintendent shall assign a license area under this subchapter to each pupil services license issued under subch. V.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.058 General requirements {#sec-pi-34.058 omnilex-key=us-wi-regs-official--agency-pi--PI 34.058}

In order to be eligible for a license under this subchapter, an applicant shall meet all of the following requirements:

(1) The applicant completed an approved educator preparation program in the applicable position area.

(2) The applicant received an institutional endorsement.

(3) The applicant met the content knowledge requirement under s. PI 34.021 (1) (c).

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.059 School counselor {#sec-pi-34.059 omnilex-key=us-wi-regs-official--agency-pi--PI 34.059}

(1) Authorization. A license under this section authorizes an individual to work as a school counselor.

(2) Eligibility. The state superintendent may issue a school counselor license under this section to an applicant who has a master’s degree and meets all of the requirements under s. PI 34.058.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.060 Licensed school nurse {#sec-pi-34.060 omnilex-key=us-wi-regs-official--agency-pi--PI 34.060}

(1) Authorization. A license issued under this section authorizes an individual to work as a licensed school nurse and use the title Licensed School Nurse and credentials LSN. A license issued under this section is not required for an individual to be a school nurse if the individual has a registered nurse license issued by the board of nursing.

(2) Eligibility. Notwithstanding s. PI 34.058 (1), the state superintendent may issue a school nurse license under this section to an applicant who complete a school nurse practicum and receives an institutional endorsement.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 20-082: am. (title), (1) Register August 2021 No. 788, eff. 9-1-21.

Wis. Admin. Code § PI 34.061 School psychologist {#sec-pi-34.061 omnilex-key=us-wi-regs-official--agency-pi--PI 34.061}

(1) Authorization. A license issued under this section authorizes an individual to work as a school psychologist.

(2) Eligibility. The state superintendent may issue a school psychologist license under this section to an applicant who meets all of the following requirements:

(a) The applicant meets all of the requirements under s. PI 34.058.

(b) The approved program under s. PI 34.058 (1) results in a doctor of philosophy, doctor of psychology, doctor of education, education specialist degree, or the equivalent, as determined by the institution and approved by the state superintendent.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 20-082: r. (2) (c) Register August 2021 No. 788, eff. 9-1-21.

(1) Authorization. A license issued under this section authorizes an individual to work as a school social worker.

(2) Eligibility. The state superintendent may issue a school social worker license under this section to an applicant who meets all of the following requirements:

(a) The applicant meets all of the requirements under s. PI 34.058.

(b) The applicant has a master’s degree in social work.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.063 American Indian language and culture — school counselor license {#sec-pi-34.063 omnilex-key=us-wi-regs-official--agency-pi--PI 34.063}

(1) Authorization. A license issued under this section authorizes the license holder to serve as a school counselor in a American Indian language and culture program.

(2) Eligibility. The state superintendent may issue an American Indian language and culture — school counselor license under this section to an applicant who meets all of the following requirements:

(a) The applicant holds or is eligible for a license as a counselor under s. PI 34.059.

(b) The applicant is recommended for the license by the employing school district administrator or the employing administrator of an alternative school.

(c) The applicant is recommended for the license by one of the following entities, as determined by the associated tribal government:

The tribal council.
The tribal language division.
The local American Indian parent advisory committee.

(d) The applicant provides the state superintendent with evidence of possessing knowledge and understanding of the culture and traditions of the target population.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Subchapter VIII Administration Areas

Wis. Admin. Code § PI 34.064 Applicability {#sec-pi-34.064 omnilex-key=us-wi-regs-official--agency-pi--PI 34.064}

The state superintendent shall assign a license area under this subchapter to each administrative license issued under subch. VIII. A license under ss. PI 34.066 to 34.071 is required to supervise and evaluate professional staff in prekindergarten through grade 12.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction made under s. 35.17, Stats., Register May 2018 No. 751; EmR1909: emerg. am., eff. 1-14-19; CR 19-034: am. Register February 2020 No. 770, eff. 3-1-20; CR 22-005: am. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § PI 34.065 General requirements {#sec-pi-34.065 omnilex-key=us-wi-regs-official--agency-pi--PI 34.065}

In order to be eligible for a license under this subchapter, an applicant shall meet all of the following requirements:

(1) Master’s degree. Except as provided under ss. PI 34.067, 34.072, and 34.0725, the applicant has a master’s degree.

(2) Approved program. The applicant completed an approved program in the applicable administrative area.

(3) Professional education. Except as provided under ss. PI 34.071 and 34.072, the applicant meets one of the following requirements:

(a) The applicant holds or is eligible to hold a tier II, III, or IV teacher license in kindergarten through grade 12, or the applicant completed an approved program which leads to a license to teach in kindergarten through grade 12.

(b) The applicant holds or is eligible to hold a tier II, III, or IV license as a school counselor, a school psychologist, or a school social worker, or has completed an approved program which leads to one of these licenses.

(4) Experience. Except as provided under ss. PI 34.071 and 34.072, the applicant meets one of the following requirements:

(a) The applicant has 6 semesters of successful classroom experience teaching in any grade.

(b) The applicant has 6 semesters of successful experience as a school counselor, school psychologist, or a school social worker, and the applicant has at least 540 hours of successful classroom teaching experience.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 25-017: am. (1) Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § PI 34.066 Principal {#sec-pi-34.066 omnilex-key=us-wi-regs-official--agency-pi--PI 34.066}

(1) Authorization. A license issued under this section authorizes an individual to work as a principal or assistant principal at any grade level.

(2) Eligibility. The state superintendent may issue a principal license under this section to an applicant who meets all of the requirements under s. PI 34.065.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.067 District administrator {#sec-pi-34.067 omnilex-key=us-wi-regs-official--agency-pi--PI 34.067}

(1) Authorization. Except as provided in s. 119.32 (7), Stats., a license issued under this section is required for an individual to work as a district administrator, superintendent, or assistant superintendent. A license under this section also authorizes an individual to serve as a principal or teacher in any school under the individual’s supervision if the individual is employed as a district administrator or superintendent.

(2) Eligibility. The state superintendent may issue a district administrator license under this section to an applicant who meets all of the following requirements:

(a) The applicant meets all of the requirements under s. PI 34.065.

(b) The applicant has an education specialist degree, its equivalent, or a doctoral degree.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (2) (a) made under s. 35.17, Stats., Register May 2018 No. 751.

Wis. Admin. Code § PI 34.068 Director of instruction {#sec-pi-34.068 omnilex-key=us-wi-regs-official--agency-pi--PI 34.068}

(1) Authorization. A license issued under this section is required for an individual to work as a supervisor, coordinator, or director of curriculum, instruction, or staff development, or an equivalent position.

(2) Eligibility. The state superintendent may issue a director of instruction license under this section to an applicant who meets all of the requirements under s. PI 34.065.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.069 Director of special education and pupil services {#sec-pi-34.069 omnilex-key=us-wi-regs-official--agency-pi--PI 34.069}

(1) Authorization. A license issued under this section is required for an individual to administer a special education program or a pupil services program or both.

(2) Eligibility. The state superintendent may issue a director of special education and pupil services license under this section to an applicant who meets all of the requirements under s. PI 34.065.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.070 Reading specialist {#sec-pi-34.070 omnilex-key=us-wi-regs-official--agency-pi--PI 34.070}

(1) Authorization. A license issued under this section is required for an individual to direct early childhood through adolescence reading programs or to work with reading teachers, classroom teachers, administrators, and others as a resource teacher in reading.

(2) Eligibility. The state superintendent may issue a reading specialist license under this section to an applicant who meets all of the following requirements:

(a) The applicant meets all of the requirements under s. PI 34.065.

(b) The applicant has a reading teacher license under s. PI 34.082.

(c) The applicant has a master’s degree with a major emphasis in reading and demonstrated expertise in all of the following:

Guiding and directing a kindergarten through grade 12 program.
Field experience in kindergarten through grade 12 reading programs.
Research related to reading.
Supervision of instruction.
Content area reading for the reading specialist.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.071 School business administrator {#sec-pi-34.071 omnilex-key=us-wi-regs-official--agency-pi--PI 34.071}

(1) Authorization. Except as provided under s. 119.23 (7), Stats., a license issued under this section is required for an individual to have primary budget and fiscal responsibility in a school district.

(2) Eligibility. The state superintendent may issue a business administrator license under this section to an applicant who meets all of the requirements under s. PI 34.065 (1) and (2).

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.072 Career and technical education program coordinator {#sec-pi-34.072 omnilex-key=us-wi-regs-official--agency-pi--PI 34.072}

(1) Authorization. A license issued under this section authorizes an individual to work as a career and technical education program coordinator.

(2) Eligibility. The state superintendent may issue a career and technical education program coordinator license under this section to an applicant who meets all of the following requirements:

(a) Has a bachelor's degree.

(b) Completed an approved program in this administrative area and received an institutional endorsement for the license sought.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; correction in (2) (a) made under s. 13.92 (4) (b) 7., Register July 2018 No. 751; CR 25-017: r. and recr. Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § PI 34.0725 Gifted and talented program coordinator {#sec-pi-34.0725 omnilex-key=us-wi-regs-official--agency-pi--PI 34.0725}

(1) Authorization. A license issued under this section authorizes an individual to work as a gifted and talented program coordinator if the individual does not otherwise have a valid license under subch. VI or VII.

(2) Eligibility. The state superintendent may issue a gifted and talented program coordinator license under this section to an applicant who meets all of the following requirements:

(a) Has a bachelor’s degree.

(b) Completed an approved program in this administrative area and received an institutional endorsement for the license sought.

History

CR 25-017: cr. Register August 2025 No. 836, eff. 9-1-25.

Subchapter IX Supplementary Areas

Wis. Admin. Code § PI 34.073 Applicability {#sec-pi-34.073 omnilex-key=us-wi-regs-official--agency-pi--PI 34.073}

Except as provided under s. PI 34.076, the state superintendent may assign a supplementary license area under this subchapter to an individual holding a tier II, III, or IV teacher license issued under subch. V.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.074 Adaptive education {#sec-pi-34.074 omnilex-key=us-wi-regs-official--agency-pi--PI 34.074}

(1) Authorization. A license issued under this section authorizes an individual to teach adaptive education in a regular education setting in kindergarten through grade 12.

(2) Eligibility. The state superintendent may issue an adaptive education license under this section to an applicant who completed an approved education preparation program which included all of the following:

(a) Had a concentration in adaptive education.

(b) Demonstrated knowledge and understanding in all of the following:

The psychology and nature of a child with a disability.
Modification of content, instructional strategies, and learning environments for children with disabilities and other children with special needs in the regular education setting.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (1), eff. 1-14-19; CR 19-034: am. (1) Register February 2020 No. 770, eff. 3-1-20; EmR2503: emerg. r. (2) (b) 3., cr. (2) (c), eff. 3-27-25; CR 25-018: r. (2) (b) 3., cr. (2) (c) Register November 2025 No. 839, eff. 12-1-25; correction in (2) (c) made under s. 35.17, Stats., Register November 2025 No. 839.

Wis. Admin. Code § PI 34.075 Adaptive physical education {#sec-pi-34.075 omnilex-key=us-wi-regs-official--agency-pi--PI 34.075}

(1) Authorization. A license issued under this section authorizes an individual to teach adaptive physical education in kindergarten through grade 12.

(2) Eligibility. The state superintendent may issue an adaptive physical education license under this section to an applicant who meets all of the following requirements:

(a) Holds a physical education license under s. PI 34.047 (3) (n).

(b) Completed an approved education preparation program in adaptive physical education which included all of the following:

Had a concentration in adaptive physical education.
Demonstrated knowledge and understanding in all of the following:

a. The psychology and nature of a child with a disability.

b. Modification of content, instructional strategies, and learning environments for children with disabilities and other children with special needs in the regular education setting.

Student teaching, meeting the requirements of s. PI 34.023 (2) and (4), in adaptive physical education.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (1), eff. 1-14-19; CR 19-034: am. (1) Register February 2020 No. 770, eff. 3-1-20; EmR2503: emerg. r. (2) (b) 2. c., cr. (2) (b) 3., eff. 3-27-25; CR 25-018: r. (2) (b) 2. c., cr. (2) (b) 3. Register November 2025 No. 839, eff. 12-1-25; correction in (2) (b) 3. made under s. 35.17, Stats., Register November 2025 No. 839.

Wis. Admin. Code § PI 34.076 Assistive technology {#sec-pi-34.076 omnilex-key=us-wi-regs-official--agency-pi--PI 34.076}

(1) Authorization. A license issued under this section authorizes an individual to provide consultative services related to assistive technology.

(2) Eligibility. The state superintendent may issue an assistive technology license under this section to an applicant who meets all of the following requirements:

(a) Holds one of the following licenses or an equivalent license:

Early childhood special education under s. PI 34.048.
Kindergarten through grade 12 special education under s. PI 34.049.
Deaf or hard of hearing under s. PI 34.050.
Blind and visually impaired under s. PI 34.051.
Occupational therapy under s. PI 34.091.
Physical therapy under s. PI 34.093.
Speech-language pathology under s. PI 34.0475.

(b) Completed an approved education preparation program which included all of the following:

Had a concentration in assistive technology.
Demonstrated knowledge and understanding in all of the following:

a. The psychology and nature of a child with a disability.

b. Curriculum modification and instructional strategies through the use of assistive technology.

Student teaching, meeting the requirements of s. PI 34.023 (2) and (4), in assistive technology.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; correction in (2) (a) 7. made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751; CR 20-070: am. (2) (a) 7. Register August 2021 No. 788, eff. 9-1-21; CR 22-005: am. (2) (a) 7. Register July 2022 No. 799, eff. 8-1-2; EmR2503: emerg. cr. (2) (b) 3., eff. 3-27-25; CR 25-018: cr. (2) (b) 3. Register November 2025 No. 839, eff. 12-1-25; correction in (2) (b) 3. made under s. 35.17, Stats., Register November 2025 No. 839.

Wis. Admin. Code § PI 34.077 Alternative education program {#sec-pi-34.077 omnilex-key=us-wi-regs-official--agency-pi--PI 34.077}

(1) Authorization. A grade 4 through 12 license issued under this section authorizes an individual to teach in an alternative education program under ss. 115.28 (7) (e) and 118.153 (1) (a), Stats., as follows:

(a) The individual may teach in an alternative education program in the license area of the underlying teaching license.

(b) An individual holding an elementary and middle school teaching license under s. PI 34.045 may teach the basic skills of reading, language arts, and mathematics to high school age students for high school credit if the grade level of the curriculum taught does not exceed the grade 9.

(c) An individual holding a teaching license issued under subch. VI may teach outside the license area if the instruction is provided in collaboration with an individual who meets all of the following requirements:

Holds a license in the subject matter and grade level of the class.
Will be responsible for assessing pupils’ educational needs.
Will be responsible for prescribing teaching and learning procedures.
Will be responsible for evaluating the effects of the instruction.

(2) Eligibility. The state superintendent may issue an alternative education program license to an applicant who meets all of the following requirements:

(a) The applicant holds a teaching license under subch. VI.

(b) The applicant completed an approved program, including student teaching, meeting the requirements of s. PI 34.023 (2) and (4), in alternative education and received an institutional endorsement.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR2503: emerg. am. (2) (b), eff. 3-27-25; CR 25-018: am. (2) (b) Register November 2025 No. 839, eff. 12-1-25; correction in (2) (b) made under s. 35.17, Stats., Register November 2025 No. 839; CR 25-037: am. (1) (intro.) Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § PI 34.078 Bilingual-bicultural education {#sec-pi-34.078 omnilex-key=us-wi-regs-official--agency-pi--PI 34.078}

(1) Authorization. A license issued under this section authorizes an individual to teach in a bilingual-bicultural educational program in the license area of any teaching license the individual holds or obtains at a later date.

(2) Eligibility. The state superintendent may issue a bilingual-bicultural education license under this section to an applicant who meets all of the following requirements:

(a) Holds a teaching license under subch. VI.

(b) Is proficient in English and in the target language.

(c) Completed an approved program in bilingual-bicultural education at the grade level of the license being sought. The program shall include coursework in cultural and cross-cultural studies in all of the following:

Contemporary social problems, with an emphasis on the bilingual-bicultural child.
Culture of the target group or groups.
Analysis contrasting the target culture with other cultures.
Bilingual-bicultural field experiences in the community of the target group.
Demonstrated competency in foundations of bilingual-bicultural education, including the rationale, history, and survey of existing models.
Demonstrated theory and methodology of teaching bilingual-bicultural pupils in both English and the target language.
Language study which develops knowledge related to phonology, morphology, and syntax in the target language as these elements contrast with English.
Student teaching, meeting the requirements of s. PI 34.023 (2) and (4), in bilingual-bicultural education.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 24-074: am. (1) Register May 2025 No. 833, eff. 6-1-25; EmR2503: emerg. am. (2) (c) 8., eff. 3-27-25; CR 25-018: am. (2) (c) 8. Register November 2025 No. 839, eff. 12-1-25; correction in (2) (c) 8. made under s. 35.17, Stats., Register November 2025 No. 839.

Wis. Admin. Code § PI 34.079 Coaching athletics {#sec-pi-34.079 omnilex-key=us-wi-regs-official--agency-pi--PI 34.079}

(1) Authorization. A license issued under this section is not required to coach athletics.

(2) Eligibility. The state superintendent may issue a coaching athletics license to an applicant who completed student teaching, meeting the requirements of s. PI 34.023 (2) and (4), in coaching and meets one of the following requirements:

(a) Has an institutional endorsement for a coaching athletics license.

(b) Has a bachelor’s degree in physical education and holds or is eligible to hold a physical education teaching license under s. PI 34.047 (3) (n).

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR2503: emerg. am. (2) (intro.), eff. 3-27-25; CR 25-018: am. (2) (intro.) Register November 2025 No. 839, eff. 12-1-25; correction in (2) (intro.) made under s. 35.17, Stats., Register November 2025 No. 839

Wis. Admin. Code § PI 34.080 Driver education {#sec-pi-34.080 omnilex-key=us-wi-regs-official--agency-pi--PI 34.080}

(1) Authorization. A license issued under this section authorizes an individual to teach driver education and traffic safety education.

(2) Eligibility. The state superintendent may issue a driver education license under this section to an applicant who meets all of the following requirements:

(a) Has a teaching license issued under subch. VI or a pupil services license issued under subch. VII.

(b) Holds a valid driver’s license.

(c) Completed student teaching, meeting the requirements of PI 34.023 (2) and (4), in gifted, talented, and creative education.

(d) Has no more than 6 demerit points or a major violation charged by the department of transportation or similar demerits or violations charged by an equivalent authority in another state during a twelve-month period.

(e) Has approved coursework in driver and safety education, including coursework in all of the following:

A basic driver education course.
An advanced driver education course.
A general safety course.
Behavioral aspects of accident prevention.
Alcohol and drugs and their relationship to traffic safety.
At least 10 hours of supervised experience in teaching practice driving.

(3) Duration. The state superintendent may issue a two-year, renewable driver education license under this section to an applicant who meets all of the following requirements:

(a) The applicant meets all of the requirements under sub. (2) (a) to (d).

(b) The applicant has at least 6 semester credits of coursework in driver and safety education, including all of the following:

A basic driver education course.
An advanced driver education course.
At least 10 hours of supervised experience in teaching practice driving.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (3) (title) made under s. 13.92 (4) (b) 2., Stats., correction in (3) (a) made under s. 35.17, Stats., Register May 2018 No. 751.

Wis. Admin. Code § PI 34.081 Gifted and talented {#sec-pi-34.081 omnilex-key=us-wi-regs-official--agency-pi--PI 34.081}

(1) Authorization. A license issued under this section is not required to teach in a gifted, talented, and creative education program.

(2) Eligibility. The state superintendent may issue a gifted and talented license under this section to an applicant who meets all of the following requirements:

(a) Holds a teaching license issued under subch. VI.

(b) Completed an approved program, which included demonstrating understanding and competence in all of the following:

The educational psychology of gifted, talented, and creative pupils.
Developing differentiated curricula.
Modifying content, process, and product expectations as a means of achieving differentiated learning outcomes.
Recognizing, recommending, and using alternative instructional strategies, including the use of technology, to facilitate development of differentiated pupil outcomes.
Working with gifted, talented, and creative pupils, as demonstrated through a practicum, internship, or supervised activity with gifted, talented, and creative pupils.
Program models, methods, and general strategies for meeting the educational needs of gifted, talented, and creative pupils, including acceleration, enrichment, flexible grouping, resource rooms, mentorships, and independent study.
Working collaboratively with colleagues, families, community groups, higher education faculty, and resource people to facilitate appropriate educational experiences for gifted, talented, and creative pupils.
Operational knowledge of ss. 118.35 and 121.02 (1) (t), Stats.,s. PI 8.01 (2) (t), and recommended models of gifted education.

(c) Completed student teaching, meeting the requirements of s. PI 34.023 (2) and (4), in gifted, talented, and creative education.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR2503: emerg. am. (2) (c), eff. 3-27-25; CR 25-018: am. (2) (c) Register November 2025 No. 839, eff. 12-1-25; correction in (2) (c) made under s. 35.17, Stats., Register November 2025 No. 839.

Wis. Admin. Code § PI 34.082 Reading teacher {#sec-pi-34.082 omnilex-key=us-wi-regs-official--agency-pi--PI 34.082}

(1) Authorization. A license issued under this section authorizes an individual to have a specific assignment to teach reading in kindergarten through grade 12.

(2) Eligibility. The state superintendent may issue a reading teacher license under this section to an applicant who meets all of the following requirements:

(a) Completed an approved program.

(b) Received an institutional endorsement for a reading teacher license.

(d) Is proficient in teaching reading.

(e) Completed student teaching, meeting the requirements of s. PI 34.023 (2) and (4), in teaching reading which included experience with all of the following:

Developmental reading for pupils in kindergarten through grade 12.
Assessment and instructional techniques for readers with special needs.
Language development.
Specific learning disabilities.
Content area reading.
Literature for children or adolescents.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (1), (2) (e) 1., eff. 1-14-19; CR 19-034: am. (1), (2) (e) 1. Register February 2020 No. 770, eff. 3-1-20; EmR2503: emerg. am. (2) (e) (intro.), eff. 3-27-25; CR 25-018: am. (2) (e) (intro.) Register November 2025 No. 839, eff. 12-1-25; correction in (2) (e) (intro.) made under s. 35.17, Stats., Register November 2025 No. 839.

Wis. Admin. Code § PI 34.083 Urban educator {#sec-pi-34.083 omnilex-key=us-wi-regs-official--agency-pi--PI 34.083}

(1) Authorization. A license issued under this section is not required.

(2) Eligibility. The state superintendent may issue an urban educator license to an individual who meets all of the following requirements:

(a) Is employed by an urban school district as defined by the national center for education statistics.

(b) Has a teaching license issued under subch. VI.

(c) Has all of the following abilities, as verified by an approved program, an urban school district, or an independent agency recognized by the state superintendent:

Create and teach rigorous academic, integrated, and multicultural curriculum, including thematic units that meets the needs of diverse pupils.
Function as an effective leader in an urban school.
Organize and manage a positive learning environment.
Work as an effective member of a teaching team.
Utilize community-based learning and hands-on projects.
Communicate effectively and collaborate with stakeholders, including parents and caregivers, as equal partners in learning.
Use technology to enhance learning.
Adhere to a professional code of conduct.
Engage in a system of growth and inquiry derived from a continual evaluation of pupil progress.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.084 Vocational education {#sec-pi-34.084 omnilex-key=us-wi-regs-official--agency-pi--PI 34.084}

(1) Authorization. A license issued under this section authorizes an individual to teach an advanced level occupational skills course in grades 9 through 12.

(2) Eligibility. The state superintendent may issue a vocational education license in one of the areas specified under par. (c) to an individual who meets all of the following requirements:

(a) Demonstrates competency in principles, issues, or philosophy of vocational education, including completion of a course in organization and administration of cooperative education programs.

(b) Demonstrates related occupational experience for the hours listed under par. (c) as follows:

Up to 100 percent of the hours may be gained through paid occupational experience in the related occupations.
Up to 40 percent of the hours may be gained in any of the following:

a. Graduate credits in technical subjects specifically related to the vocational subject for the license sought. One semester credit may be counted as 95 hours of occupational experience.

b. Attendance at workshops specifically related to the vocational subject for the license sought. One hour of workshop experience may be counted as 3 hours of occupational experience.

c. Occupational internships completed for baccalaureate or post-baccalaureate credit and approved by the state superintendent. One hour of an occupational internship may be counted as 3 hours of occupational experience.

For business education related occupations, the applicant shall have completed an approved educator preparation program in business education and have completed 2,000 hours of related occupational experience.
For marketing education, the applicant shall have completed an approved educator preparation program in marketing education and have completed 4,000 hours or related occupational experience.
For family and consumer education related occupations, the applicant shall have completed an approved educator preparation program in family and consumer education, hold a family and consumer education license under s. PI 34.047 (3) (f), and have completed 2,000 hours of related occupational experience. At least 1,000 of the hours shall be in the specific area in which the license is sought.
For technology related occupations, the applicant shall have completed an approved educator preparation program in technology education, hold a technology education license under s. PI 34.047 (3) (n), and have completed 2,000 hours of related occupational experience. At least 1,000 of the hours shall be in the specific area in which the license is sought.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; correction in (2) (c) 3., 4. made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751; EmR1909: emerg. am. (2) (c) 1. to 4., eff. 1-14-19; CR 19-034: am. (2) (c) 1. to 4. Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 34.085 Applicability {#sec-pi-34.085 omnilex-key=us-wi-regs-official--agency-pi--PI 34.085}

The state superintendent may issue a license under this subchapter to individuals in special education related services or in license areas created by statute.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.086 Educational interpreter, 5-year renewable license {#sec-pi-34.086 omnilex-key=us-wi-regs-official--agency-pi--PI 34.086}

(1) Authorization. A license issued under this section authorizes the license holder to work as an educational interpreter for pupils who are deaf or hard of hearing.

(2) Eligibility. Except as provided in sub. (3), the state superintendent may issue an educational interpreter license under this section to an applicant who meets all of the following requirements:

(a) Holds an interpreter training program certificate from an accredited 2- or 4-year college or university. The program shall include the following coursework:

English to American Sign Language interpretation.
American Sign Language to English interpretation.
Transliterating and oral interpreting.
Current practices for interpreters in educational settings.
Ethical practices as it relates to interpreters.

(b) The applicant does one of the following:

Completed a practicum of at least 150 hours in grades pre-kindergarten through grade 12 with a licensed educational interpreter assigned as a mentor. Completion shall be verified by a representative from a higher education interpreter training program or the school district administrator where the practicum took place.
Submits evidence of 150 hours of work experience as an educational interpreter in a prekindergarten through grade 12 setting.

(c) Has a passing score on the written and performance educational interpreter performance assessment. The passing score shall be set by the state superintendent in consultation with the state superintendent’s advisory council on deaf and hard of hearing programs.

Note: Information regarding the passing score may be obtained at no charge from the Wisconsin department of public instruction’s webpage at https://dpi.wi.gov/licensing/apply-educator-license/other/ed-interpreter.

(3) Alternative eligibility. The state superintendent may issue an educational interpreter license under this section to an applicant who meets all of the following requirements:

(a) Holds one of the following licenses or certifications:

A sign language interpreter license issued by the Wisconsin department of safety and professional services as approved by the state superintendent.
One of the following certifications from the National Registry of Interpreters for the Deaf.

a. National Interpreter Certification.

b. Registry for Interpreters of the Deaf K-12.

c. Certificate of interpretation and certificate of transliteration.

d. Comprehensive skills certificate.

e. Master comprehensive skills certificate.

f. Certified deaf interpreter or deaf interpreter.

A basic, advanced, or master certification from the Board for Evaluation of Interpreters.
Certification from an organization approved by the state superintendent in consultation with the state superintendent’s advisory council on deaf and hard of hearing programs.

(b) The applicant does one of the following:

Completed a practicum of at least 150 hours in grades pre-kindergarten through grade 12 with a licensed educational interpreter assigned as a mentor. Completion shall be verified by a representative from a higher education interpreter training program or the school district administrator where the practicum took place.
Submits evidence of 150 hours of work experience as an educational interpreter in a prekindergarten through grade 12 setting.

(4) Duration. A license issued under this section is valid for 5 years.

(5) Renewal.

(a) A license issued under this section is renewable if the licensee meets all of the following requirements:

The licensee completes one of the following educational components:

a. Completes 5 semester credits of continuing professional education from an accredited college or university. A licensee can satisfy 2 of the semester credits by serving as a mentor under sub. (2) (b) or (3) (b).

b. Completes 7.5 continuing education units approved by the Registry of Interpreters for the Deaf or Board for Evaluation of Interpreters. A licensee can satisfy 3 continuing education units by serving as a mentor under sub. (2) (b) or (3) (b).

Subject to par. (b), the licensee fulfills one of the following skill verification components:

a. Passes the Educational Interpreter Performance Assessment with a renewal score set by the state superintendent in consultation with the superintendent’s advisory council on deaf and hard of hearing programs.

b. Obtains or maintains one of the licenses or certifications listed under sub. (3) (a).

(b) If the licensee obtains a score of 3.5 or higher on the Educational Interpreter Performance Assessment, the licensee is not required to satisfy the requirements under par. (a) 2. for renewal.

(c) A one-year, nonrenewable license may be issued to an applicant who has not met the renewal requirements under par. (a). Renewal requirements under par. (a) must be met on or before June 30 of the year the nonrenewable license expires.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 19-111: am. (3) (a) 1., (5) (b) (intro.), cr. (6) Register May 2020 No. 773, eff. 6-1-20; correction in (6) made under s. 35.17, Stats., Register May 2020 No. 773; CR 24-017: r. and recr. (5), r. (6) Register July 2024 No. 823, eff. 8-1-24; correction in (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2025 No. 829; CR 24-076: renum. (2) (b) to (2) (b) 1., cr. (2) (b) (intro.), 2., renum. (3) (b) to (3) (b) 1., cr. (3) (b) (intro.), 2. Register May 2025 No. 833, eff. 6-1-25.

Wis. Admin. Code § PI 34.087 Educational interpreter, 1-year renewable license {#sec-pi-34.087 omnilex-key=us-wi-regs-official--agency-pi--PI 34.087}

(1) Authorization. A license issued under this section authorizes the license holder to work as an educational interpreter for pupils who are deaf or hard of hearing.

(2) Eligibility. The state superintendent may issue an educational interpreter license under this section to an applicant who does not meet all of the requirements under s. PI 34.086 for an educational interpreter if all of the following requirements are met:

(a) The district administrator of the employing school district requests a license in writing with full explanation and justification of the need.

(b) The request under par. (a) certifies that a search was conducted for a fully licensed educational interpreter licensed under s. PI 34.086 for pupils who are deaf or hard of hearing and that a fully licensed educational interpreter was not available.

(3) Duration. A license issued under this section is valid for one year.

(4) Nonrenewable. Except as provided in sub. (5), a license issued under this section may not be renewed.

(5) Renewal. The district administrator or designed official of the employing school district may request that a license issued under this section be renewed. The license may be renewed if, between the date of issuance and the proposed renewal date, the applicant satisfactorily makes progress toward meeting the licensing requirements under s. PI 34.086. A license issued under this section may be renewed no more than 5 times.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.088 Educational interpreter, 5-year nonrenewable license {#sec-pi-34.088 omnilex-key=us-wi-regs-official--agency-pi--PI 34.088}

(1) Authorization. A license issued under this section authorizes the license holder to work as an educational interpreter.

(2) Eligibility. The state superintendent may issue a license under this section to an applicant who meets one of the following requirements:

(a) Meets the requirements under s. PI 34.086 (2) (a) but does not meet the requirements under s. PI 34.086 (2) (b) or (c).

(b) Meets the requirements under s. PI 34.086 (3) (a) but does not meet the requirements under s. PI 34.086 (3) (b).

(3) Duration. A license issued under this section is valid for 5 years.

(4) Nonrenewable. A license issued under this section may not be renewed.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.089 Orientation and mobility, 5-year renewable license {#sec-pi-34.089 omnilex-key=us-wi-regs-official--agency-pi--PI 34.089}

(1) Authorization. A license issued under this section authorizes the license holder to provide orientation and mobility related services in kindergarten through grade 12.

(2) Eligibility. The state superintendent may issue an orientation and mobility license under this section to an applicant who has completed an orientation and mobility program approved by the association for education and rehabilitation of the blind and visually impaired and has demonstrated knowledge and understanding in all of the following:

(a) Child or adolescent psychology;

(b) Measurement and evaluation;

(d) Curriculum and methods of instruction.

(3) Duration. A license issued under this section is valid for 5 years.

(4) Renewal.

(a) A license issued under this section may be renewed if the licensee meets one of the following requirements:

Certification from the Academy for Certification of Vision Rehabilitation and Education Professionals.
Certification from the National Blindness Professional Certification Board.
Completion of 6 semester credits from an accredited institution of higher education.

(b) A one-year, nonrenewable license may be issued to an applicant who has not met all renewal requirements under par. (a). Renewal requirements under par. (a) must be met on or before June 30 of the year the nonrenewable license expires.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (1), cr. (4) (am), eff. 1-14-19; CR 19-034: am. (1), cr. (4) (am) Register February 2020 No. 770, eff. 3-1-20; CR 24-017: r. and recr. (4) Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § PI 34.090 School audiologist, 5-year renewable license {#sec-pi-34.090 omnilex-key=us-wi-regs-official--agency-pi--PI 34.090}

(1) Authorization. A license issued under this section authorizes the license holder to be employed by a school district as a school audiologist.

(2) Eligibility. The state superintendent may issue a school audiologist license under this section to an applicant who meets one of the following requirements:

(a) The applicant meets all of the following requirements:

Completed at least 50 hours of a supervised practicum providing audiology services in a school setting, or equivalent experience while employed as a school audiologist by a public school, private school, or school district;
Possesses either a doctor of audiology degree, or, if earned on or before August 31, 2018, a master’s degree or higher in audiology from an institution accredited by the education standards board of the American speech-language-hearing association;
Demonstrates knowledge and understanding of all of the following:

a. Standards listed under s. PI 34.004.

b. Educational psychology, including principles and theories of learning.

c. Methods and procedures in school audiology programs including the relationship with and content of school pupil services programs. This requirement may be met by prior experience upon the recommendation of the institution.

d. Alternative communication systems including signed language systems, their implications for the social, emotional, and educational development of children, and methods for effective communication with children who use them.

(b) The applicant holds a valid audiologist license issued by the department of safety and professional services.

(3) Duration. A license issued under this section is valid for 5 years.

(4) Renewal. A license issued under this section may be renewed if the licensee meets one of the following requirements:

(a) Meets the requirements under sub. (2) (b).

(b) Is certified as an audiologist by the American Speech Language Hearing Association, American Academy of Audiology, or an affiliated audiology credentialing board.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.091 School occupational therapist licensee {#sec-pi-34.091 omnilex-key=us-wi-regs-official--agency-pi--PI 34.091}

(1) Authorization. A license issued under this section authorizes the license holder to be employed by a school district as a school occupational therapist.

(2) Eligibility. The state superintendent may issue a school occupational therapist license under this section to an applicant who is certified as an occupational therapist by the occupational therapists affiliated credentialing board.

(3) Renewal. A license under this subsection is renewable if the applicant remains certified as an occupational therapist by the occupational therapists affiliated credentialing board.

(4) Duration. A license issued under this section is valid for 5 years.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.092 School occupational therapist assistant license {#sec-pi-34.092 omnilex-key=us-wi-regs-official--agency-pi--PI 34.092}

(1) Authorization. A license issued under this section authorizes the license holder to be employed by a school district as a school occupational therapist assistant.

(2) Eligibility. The state superintendent may issue a school occupational therapist assistant license under this section to an applicant who is certified as an occupational therapist assistant by the occupational therapists affiliated credentialing board.

(3) Renewal. A license under this subsection is renewable if the applicant remains certified as an occupational therapist assistant by the occupational therapists affiliated credentialing board.

(4) Duration. A license issued under this section is valid for 5 years.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.093 School physical therapist license {#sec-pi-34.093 omnilex-key=us-wi-regs-official--agency-pi--PI 34.093}

(1) Authorization. A license issued under this section authorizes the license hold to be employed by a school district as a school physical therapist.

(2) Eligibility. The state superintendent may issue a school physical therapist license under this section to an applicant who is licensed as a physical therapist by the physical therapists affiliated credentialing board.

(3) Renewal. A license under this subsection is renewable if the applicant remains licensed as a physical therapist by the physical therapists affiliated credentialing board.

(4) Duration. A license issued under this section is valid for 5 years.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.094 School physical therapist assistant license {#sec-pi-34.094 omnilex-key=us-wi-regs-official--agency-pi--PI 34.094}

(1) Authorization. A license issued under this section authorizes the license holder to be employed by a school district as a school physical therapist assistant.

(2) Eligibility. The state superintendent may issue a school physical therapist assistant license under this section to an applicant who has graduated from a physical therapist assistant associate degree program accredited by the Commission on Accreditation in Physical Therapy Education.

(3) Renewal. A license under this subsection is renewable if the applicant remains licensed as a physical therapist assistant by the physical therapists affiliated credentialing board.

(4) Duration. A license issued under this section is valid for 5 years.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.095 Educational interpreter, 5-year substitute license {#sec-pi-34.095 omnilex-key=us-wi-regs-official--agency-pi--PI 34.095}

(1) Authorization. A license issued under this section authorizes the license holder to be employed by a school district as a short-term substitute in an educational interpreter assignment.

(2) Eligibility. The state superintendent may issue an educational interpreter, short-term substitute license under this section to an applicant who meets one of the following requirements:

(a) Provides evidence of a passing score on the educational interpreter performance assessment. The passing score shall be set by the state superintendent in consultation with the state superintendent’s advisory council on deaf and hard of hearing programs.

(b) Obtains or maintains one of the licenses or certifications listed under s. PI 34.086 (3) (a).

(3) Renewal. A license issued under this section may be renewed if the licensee meets the requirements under sub. (2).

(4) Duration. A license issued under this section is valid for 5 years.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 20-057: renum. (2) to (2) (intro.) and am., cr. (2) (a), (b) Register April 2021 No.784.

Wis. Admin. Code § PI 34.096 Junior Reserve Officer Training Corps instructor license {#sec-pi-34.096 omnilex-key=us-wi-regs-official--agency-pi--PI 34.096}

(1) Authorization. A license issued under this section authorizes the license holder to teach the courses specified under s. 118.1915 (2), Stats.

(2) Eligibility. The state superintendent may issue a license under this section to an individual who meets the requirements under s. 118.1915 (1), Stats.

(3) Duration. A license issued under this section is valid for 5 years.

(4) Renewal. A license issued under this section may be renewed.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Subchapter XI Professional Misconduct

Wis. Admin. Code § PI 34.097 Definitions {#sec-pi-34.097 omnilex-key=us-wi-regs-official--agency-pi--PI 34.097}

In this subchapter:

(1) “Applicant” means a person who applies for or seeks to renew a license from the state superintendent.

(2) “Hearing examiner” means the person designated to preside over a contested case hearing, making findings of fact, conclusions of law, and issue a proposed decision and order to the state superintendent.

(3) “Immoral conduct” has the meaning given in s. 115.31 (1) (c), Stats.

(4) “Incompetence” or “incompetent” means a pattern of inadequate performance of duties or the lack of ability, legal qualifications or fitness to discharge required duties, and which endangers the health, welfare, safety or education of any pupil.

(5) “License holder” or “licensee” means a person holding a license or having the right to renew a license.

(6) “Reinstatement” means restoring all of the rights and privileges associated with a license.

(7) “Restrict” means to impose conditions and requirements upon the license holder, and to limit the scope of the licensee’s practice.

(8) “Revoke” means to terminate all of the rights and privileges associated with a license. Revocation may be imposed under one of the following:

(a) Permanent, without the opportunity for reinstatement.

(b) Limited, for a defined period of time as determined by the state superintendent.

(9) “State superintendent” means that state superintendent of public instruction or a designee.

(10) “Suspend” means to completely and absolutely withdraw and withhold for a period of time all rights, privileges, and authority previously conferred by a license.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 26-007: renum. (8) to (8) (intro.) and am., cr. (8) (a) to (c) Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 34.098 Standards for revocation {#sec-pi-34.098 omnilex-key=us-wi-regs-official--agency-pi--PI 34.098}

(1) The state superintendent may revoke a license if any of the following apply:

(a) The state superintendent establishes by a preponderance of the evidence that the licensee engaged in immoral conduct or was incompetent.

(b) The licensee surrendered a credential comparable to a license in the state or jurisdiction that issued the credential or had a credential revoked by the state or jurisdiction that issued the credential.

(2) The state superintendent may revoke, suspend, or restrict a driving education license if the state superintendent establishes by a preponderance of the evidence that any of the following occur:

(a) The licensee has more than 6 demerit points or a major violation charged by the department of transportation or the equivalent charged by an authority in another jurisdiction within a 12-month period.

(b) The licensee is convicted of operating a motor vehicle while intoxicated or a similar crime in this state or another jurisdiction.

(c) The licensee’s driving license is suspended or revoked by the department of transportation or by another jurisdiction.

(3) The state superintendent shall revoke a license as provided under s. 115.31 (2g) and (6m).

(4) The state superintendent shall suspend or restrict a license as provided under s. 115.315, Stats.

History

CR 17-093: cr. Register May 2018 No. 751 eff. 6-1-18; correction in (3) made under s. 35.17, Stats., Register May 2018 No. 751; CR 26-007: am. (1) (b), (2) (intro.) Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 34.099 Complaints {#sec-pi-34.099 omnilex-key=us-wi-regs-official--agency-pi--PI 34.099}

(1) Inquiries. The state superintendent shall, at the state superintendent’s own initiative or upon receipt of a written complaint, make inquiries necessary to determine whether to conduct an investigation under s. PI 34.100 which may lead to license revocation.

(2) Notification. The state superintendent shall acknowledge, in writing, any written complaint and notify the complainant whether an investigation is being conducted under s. PI 34.100 which may lead to license revocation.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 26-006: am. (1) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 34.100 Investigations {#sec-pi-34.100 omnilex-key=us-wi-regs-official--agency-pi--PI 34.100}

(1) Conduct of investigations. If the state superintendent determines that an investigation should be conducted, the state superintendent shall do all of the following:

(a) Appoint a person to serve as the investigator.

(b) Notify the licensee that an investigation is proceeding, the specific allegations or complaint against the licensee, and that the licensee may respond to the investigator regarding the complaint or allegation.

(c) Except as provided under s. 115.31 (6) (b), Stats., maintain as confidential all files, communications, and other information pertaining to the investigation.

(2) Settlements. All stipulations or settlement agreements disposing of any investigation may not be effective or binding in any respect until reduced to writing, signed by the licensee, and approved by the state superintendent.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.101 No probable cause {#sec-pi-34.101 omnilex-key=us-wi-regs-official--agency-pi--PI 34.101}

If the state superintendent determines, based on the investigation under s. PI 34.100, that there is no probable cause to revoke a license, the state superintendent shall promptly notify the license holder and the complainant that the investigation is concluded and that there is no probable cause for revoking the license.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.102 Probable cause {#sec-pi-34.102 omnilex-key=us-wi-regs-official--agency-pi--PI 34.102}

(1) Notice. If the state superintendent determines, based on an investigation under s. PI 34.100, that there is probable cause to revoke a license, the state superintendent shall do all of the following:

(a) Promptly issue a notice of probable cause and intent to revoke to the licensee. The notice shall inform the licensee of all of the following:

The specific charges.
The state superintendent’s intent to revoke the license and the type of revocation sought under s. PI 34.097 (8).
The licensee’s right to request a hearing within 30 days following service of the notice.
Notification that if the licensee does not request a hearing within the 30-day period, the license shall be revoked without a hearing.

(b) Notify the complainant and, if known, the school board or other public or private educational agency employing the licensee in a position requiring a license of the finding of probable cause, the specific charges, and the outcome.

(2) Request for a hearing. If the state superintendent issues a notice under sub. (1), the licensee may serve a written request for a hearing to the state superintendent within 30 days following receipt of the notice. Receipt of the notice is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.

(3) Answer. Within 10 days following the licensee’s written request for a hearing under sub. (2), the licensee shall provide an answer to the notice issued under sub. (1). The answer shall contain all of the following:

(a) State in short and plain terms the defenses to each cause for revocation asserted.

(b) Set forth affirmatively any matter constituting an affirmative defense.

If the licensee is without knowledge or information sufficient to form a belief as to the truth of an allegation, the licensee shall so state and this will have the effect of a denial.
The licensee shall make denials as specific denials of designated allegations or paragraphs, but if the licensee intends in good faith to deny only part of an allegation, the licensee shall specify what part of it is true and material and shall deny only the remainder.
Specific allegations in the notice are admitted when not specifically denied in the answer.

(4) Service. The notice of probable cause and intent to revoke may be served by mailing a copy to the last known address of the licensee or by any other procedure under s. 801.14 (2), Stats. A request for hearing may be served by mailing a copy to the state superintendent at the address given on the notice of probable cause and intent to revoke or by any other procedure under s. 801.14 (2), Stats. Service by mail is complete upon mailing.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 26-007: am. (1) (a) 2., (b) Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 34.103 Denials {#sec-pi-34.103 omnilex-key=us-wi-regs-official--agency-pi--PI 34.103}

(1) When issued.

(a) The state superintendent shall deny an application as provided under s. 118.19 (1m), (1r), and (4), Stats.

(b) The state superintendent shall deny an application if the applicant has not met the requirements for a license under this chapter or ch. 118, Stats.

The applicant engaged in immoral conduct or was incompetent.
The applicant surrendered a credential comparable to a license to the state or jurisdiction that issued the credential or had a credential revoked by the state or jurisdiction that issued the credential.
The applicant provided false, inaccurate, or incomplete information on an application.

(2) Notice. If the state superintendent denies an application under sub. (1), the state superintendent shall provide written notice to the applicant of the decision. The notice shall inform the applicant of the legal and factual basis for denying the application, and that the applicant may request a hearing within 30 days following receipt of the denial. Receipt of the denial is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.

(3) Request for a hearing. If the state superintendent denies an application under this section, the applicant may request a hearing by serving the state superintendent with a written request containing all of the following:

(a) The applicant’s name.

(b) The type of license for which the applicant has applied.

(d) The facts which the applicant intends to prove at the hearing.

(e) A description of the mistake the applicant believes was made, if the applicant claims that the denial of the license is based on a mistake of fact or law.

(4) Service. The notice of denial under sub. (2) may be served by mailing a copy to the last known address of the applicant or by any other procedure under s. 801.14 (2), Stats. The request for a hearing under sub. (3) may be served by mailing a copy to the state superintendent at the address given on the notice of denial or by any other procedure under s. 801.14 (2), Stats. Service by mail is complete upon mailing.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) (a) made under s. 35.17, Stats., Register May 2018 No. 751; CR 26-007: am. (1) (c) 2. Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 34.104 Request for reinstatement {#sec-pi-34.104 omnilex-key=us-wi-regs-official--agency-pi--PI 34.104}

(1) Request. An individual whose license has been revoked may submit to the state superintendent a written request for reinstatement of the license. The request shall include evidence that the individual meets all of the standards under sub. (2).

(2) Standard for reinstatement. The state superintendent may grant a request under sub. (1) if the individual demonstrates by a preponderance of the evidence that all of the following apply:

(a) The cause of the revocation no longer exists.

(b) Reinstatement will not endanger the health, welfare, safety, or education of any pupil.

(c) If the license was revoked under s. 115.31 (2g), Stats., the individual meets the requirements of s. 115.31 (2r), Stats.

(3) Decision. The state superintendent shall issue a written decision within 60 days of receiving a written request under sub. (1). If the state superintendent denies the request, the decision shall inform the individual of the legal and factual basis for denying the request, and that the individual may submit a written request for a hearing within 30 days following receipt of the decision. Receipt of the decision is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.105 Conduct of hearings {#sec-pi-34.105 omnilex-key=us-wi-regs-official--agency-pi--PI 34.105}

A hearing under this subchapter shall use the following procedures:

(1) Type of proceeding.

(a) A license denial hearing shall be conducted as a class 1 proceeding under subch. III of ch. 227, Stats. The hearing shall be conducted within 60 days after the receipt of a request under s. PI 34.103 (3).

(b) A license revocation hearing shall be conducted as a class 2 proceeding under subch. III of ch. 227, Stats. The hearing shall be conducted within 90 days after receipt of a request under s. PI 34.102 (2).

(2) Hearing examiner. The state superintendent shall appoint a hearing examiner to preside over a hearing conducted under this subchapter. The hearing examiner shall have the authority described under s. 227.46 (1), Stats.

(3) Notice of hearing. The state superintendent shall provide the individual requesting a hearing under this subchapter with at least 20 days written notice of the hearing. The notice may be served by mailing a copy to the last known address of the individual. Service by mail is complete upon mailing.

(4) Discovery. Except for an appeal of a denial under s. PI 34.103 or a request for reinstatement under s. PI 34.104, the state superintendent and the applicant or licensee may, prior to the date set for the hearing, conduct discovery as provided under ch. 804, Stats. The hearing examiner may do any of the following:

(a) Issue protective orders, including orders to terminate or limit examinations.

(b) Establish deadlines for completing discovery.

(d) Require sanctions as provided under s. 804.12, Stats., or other remedies as appropriate for failure to comply with an order issued under this subsection.

(5) Motions. All motions, except those made at a hearing, shall be in writing filed with the hearing examiner and a copy served on the opposing party not later than 10 days before the time specified for hearing the motion.

(6) Witnesses and evidence. The state superintendent and the applicant or licensee shall have the right to do all of the following in a hearing:

(a) Appear in person or with counsel.

(b) Call, examine, and cross-examine witnesses.

(7) Subpoenas. A party’s attorney or the hearing examiner may issue subpoenas for the attendance of any witness at a hearing as provided under s. 227.45 (6m). A subpoena may command a person to produce books, papers, documents, or other tangible things. Witnesses subpoenaed shall be entitled to compensation as provided under ch. 885, Stats.

(8) Failure to appear or defaults.

(a) If an applicant fails to appear at a license denial hearing, the state superintendent shall dismiss the applicant’s request for a hearing.

(b) If a licensee fails to answer as required under s. PI 34.102 (3) or fails to appear at the license revocation hearing at the time set by the notice under sub. (3), the licensee is in default and the state superintendent may make findings and enter an order without a hearing on the basis of the notice of probable cause and intent to revoke and other evidence. Only upon showing of good cause, the state superintendent may relieve the licensee from the effect of such findings and permit the licensee to answer and defend against the notice of probable cause and intent to revoke.

(9) Briefs. The hearing examiner may require the parties to file briefs.

(10) Adjournments. The hearing examiner may, for good cause, grant continuances, adjournments, and extensions of time.

(11) Record and transcript.

(a) A stenographic, electronic, or other record shall be made of all hearings in which testimony of witnesses is offered as evidence.

(b) Any party may obtain a written transcript of a hearing conducted under this subchapter by filing a written request with the state superintendent. The state superintendent shall charge a reasonable compensatory fee for the transcript. A party who requests a written transcript for the purposes of appeal and who demonstrates indigence to the satisfaction of the state superintendent may be provided with a copy of the transcript at no expense.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.106 Proposed decisions {#sec-pi-34.106 omnilex-key=us-wi-regs-official--agency-pi--PI 34.106}

(1) Hearing examiner. Following a hearing under s. PI 34.105, the hearing examiner shall prepare a proposed decision, which includes proposed findings of fact and conclusions of law in a form that may be adopted by the state superintendent as a final decision and order. The hearing examiner shall issue the proposed decision within 60 days following the close of the hearing record.

(2) Objections. The hearing examiner shall serve the proposed decision on all parties with a notice providing each party an opportunity to file objections and written argument in support of the objections. The written objections and arguments shall be filed with the hearing examiner within 10 days of the date of the proposed decision.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.107 Final decisions {#sec-pi-34.107 omnilex-key=us-wi-regs-official--agency-pi--PI 34.107}

The state superintendent shall issue a final decision within 60 days of receipt of a proposed decision issued under s. PI 34.106.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Subchapter XII Additional Provisions

Wis. Admin. Code § PI 34.108 Professional standards council {#sec-pi-34.108 omnilex-key=us-wi-regs-official--agency-pi--PI 34.108}

(1) Definitions. In this section, “labor organizations” means an association of employee organizations that represents the public policy, labor, and professional interests of teachers.

(2) Creation. There is created a professional standards council in the department. The state superintendent shall appoint a professional standards council for educator licenses.

(3) Members. The professional standards council shall consist of the following members, nominated by the state superintendent of public instruction and with the advice and consent of the senate appointed:

(a) Two persons licensed and actively employed as elementary school teachers in the public schools, recommended by the largest statewide labor organization representing teachers.

(b) Two persons licensed and actively employed as middle school, junior high school or senior high school teachers in the public schools, recommended by the largest statewide labor organization representing teachers.

(c) Two persons licensed and actively employed as pupil services professionals, as defined in s. 118.257 (1) (c), Stats., in the public schools, recommended by the largest statewide labor organization representing teachers.

(d) One person licensed and actively employed as a special education teacher in the public schools, recommended by the largest statewide labor organization representing teachers.

(e) Two other persons licensed and actively employed as teachers in the public schools, recommended by the largest statewide labor organization representing teachers.

(f) One person licensed as a teacher and actively employed in a private school, recommended by the Wisconsin council of religious and independent schools.

(g) One person actively employed as a public school district administrator, recommended by the Wisconsin association of school district administrators.

(h) One person actively employed as a public school principal, recommended by the association of Wisconsin school administrators.

(i) One faculty member of a department or school of education in the University of Wisconsin System, recommended by the president of the University of Wisconsin System.

(j) One faculty member of a department or school of education in a private college in Wisconsin, recommended by the Wisconsin association of independent colleges and universities.

(k) One additional faculty member, appointed from the list of persons recommended under par. (i) or (j).

(L) Two members of public school boards, recommended by the Wisconsin association of school boards.

(m) One person who is a parent of a child who is enrolled in a public school.

(n) One person who is a student enrolled in a teacher preparatory program, located in this state, that leads to provisional licensure as a teacher.

(o) One person licensed as a teacher and actively employed in a tribal school, as defined in s. 115.001 (15m), Stats., recommended by a federally recognized American Indian tribe or band in this state that has a tribal school.

(4) Duties. The professional standards council shall do all of the following:

(a) Advise the state superintendent on standards for the licensure of educators, including provisional licensure and maintenance and renewal of licenses, to ensure the effective teaching of a relevant curriculum in Wisconsin schools.

(b) Propose to the state superintendent standards for evaluating and approving educator preparation programs, including continuing education programs.

(c) Provide to the state superintendent an ongoing assessment of the complexities of teaching and the status of the teaching profession in this state.

(d) Propose to the state superintendent policies and practices for school boards and state and local teacher organizations to use in developing effective teaching.

(e) Propose to the state superintendent standards and procedures for suspending or revoking a teaching license and issuing a reprimand.

(f) Propose to the state superintendent ways to recognize excellence in teaching, including the assessment administered by the national board for professional teaching standards and master educator licensure, and to assist teachers to achieve excellence in teaching.

(g) Propose to the state superintendent effective peer assistance and peer mentoring models, including evaluation systems, and alternative teacher dismissal procedures for consideration by schools boards and labor organizations.

(h) Review and make recommendations regarding administrative rules proposed by the department that relate to teacher preparation, licensure and regulation.

(i) Propose to the state superintendent alternative procedures for the preparation and licensure of teachers.

(j) Report annually to the standing committees in each house of the legislature that deal with education matters on the activities and effectiveness of the council.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 21-010: cr. (3) (o) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § PI 34.109 Substitute teachers {#sec-pi-34.109 omnilex-key=us-wi-regs-official--agency-pi--PI 34.109}

(1) Long-term substitute. A school district may employ an individual as a long-term substitute teacher if the individual is a licensed substitute teacher under s. PI 34.033 or is fully licensed for the assignment. A long-term substitute teacher may be employed only in the subject or position and grade level in which the individual is licensed.

(2) Short-term substitute. A school district may employ an individual as a short-term substitute teacher for no more than 45 consecutive days in the same teaching assignment. A short-term substitute teacher may be employed to teach any subject at any grade level. A school district may only employ an individual as a short-term substitute teacher if the individual has one of the following:

(a) A license issued under subch. VI, VII, or VIII.

(b) A license issued under s. PI 34.032 or 34.033.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § PI 34.110 License and preparation program continuation {#sec-pi-34.110 omnilex-key=us-wi-regs-official--agency-pi--PI 34.110}

(1) Applicability. Educators holding licenses that were issued prior to July 1, 2018, will not be required to obtain a new license level, subject, or position. Professional educator licenses and life licenses issued prior to July 1, 1983, shall be treated in the same manner as tier III licenses. Master educator licenses shall be treated in the same manner as tier IV licenses.

(2) Grade levels. Previous license developmental levels are valid in the following grade levels:

(a) Early childhood (EC): birth to grade three.

(b) Early childhood to middle childhood (EC-MC): birth to grade six.

(d) Early adolescence to adolescence (EA-A): grades 5-12.

(e) Early childhood to adolescence (EC-A): kindergarten to grade 12.

(3) Preparation. Preparation programs that were approved prior to August 1, 2018, remain approved until August 31, 2023, and may continue to endorse candidates who enrolled no later than August 31, 2023, in the subjects and positions approved using the grade levels in sub. (2). Educator preparation programs must receive initial approval and have new or revised licensure programs approved under subch. III in order to endorse candidates who enroll in licensure programs after August 31, 2023.

History

CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (2) (e), (3), eff. 1-14-19; CR 19-034: am. (2) (e), (3) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 34.111 Obsolete licenses {#sec-pi-34.111 omnilex-key=us-wi-regs-official--agency-pi--PI 34.111}

(1) Applicability. Based on the needs of school districts and enrollments in educator preparation programs, the state superintendent may designate a license as being obsolete. If the state superintendent designates a license as obsolete, the state superintendent may not issue an initial or provisional license in that area. An individual who holds an obsolete license may continue to work as authorized by the obsolete license as long as the license remains valid.

(2) Obsolete licenses. The following licenses are obsolete:

(a) Music (all) –500.

(b) Reading Specialist –2–year nonrenewable.

(d) Science (all) –600.

(e) Astronomy –627.

(f) General Science –620.

(g) Geology –637.

(h) Physiology –630.

(i) Provisional School Psychologist –56.

(j) School Psychologist I –57.

(k) School Psychologist II –58.

(L) District administrator –05.

(m) Assistant district administrator –06.

(n) High school principal –25.

(o) Assistant high school principal –26.

(p) Junior high school principal.

(q) Assistant junior high school principal –31.

(r) Elementary school principal –35.

(s) Assistant elementary school principal –36.

(t) Elementary school principal –40.

(u) District administrator –04.

(v) Elementary/middle level principal –34.

(w) Middle/secondary level principal –24.

(x) Supervisor, coordinator or director –10, –15,–20.

(y) Special education supervisor –level A.

(z) Supervisor of counseling and guidance –968.

(za) Supervisor of counseling and guidance –bilingual –969.

(zb) School library supervisor –09–900.

(zc) Instructional Library Media Supervisor –5091.

(zd) Instructional Technology Coordinator –5092.

(ze) Charter School Instructional Staff.

(zf) Non-renewable library media specialist –1901.

(zg) Children at risk.

(zh) Dean of students.

(zi) School to work.

(zj) Title I.

(zk) Athletics and co-curricular programs.

(zL) Personnel.

(zm) Public relations.

(zn) Research.

(zo) School network administrator.

(zp) Standards and assessment.

(zq) Other non-instructional positions as determined by an employing school district.

History

CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; (2) (za) to (zf) renum. from (2) (aa) to (af) under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751; CR 25-017: cr. (2) (zg) to (zq) Register August 2025 No. 836, eff. 9-1-25.

Subchapter XIII Code of Ethics for Educators

Wis. Admin. Code § PI 34.112 Purpose {#sec-pi-34.112 omnilex-key=us-wi-regs-official--agency-pi--PI 34.112}

The purpose of this subchapter is to establish each of the following:

(1) Professional expectations for educators new to the profession.

(2) Guidance for professional practice.

(3) Inspiration for professional excellence.

History

CR 25-083: cr. Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 34.113 Responsibility to the profession {#sec-pi-34.113 omnilex-key=us-wi-regs-official--agency-pi--PI 34.113}

(1) The educator knows that trust in the profession depends upon a level of professional responsibility that may be higher than the minimal standard established by employer policies and state and federal law.

(2) The educator does all of the following:

(a) Demonstrates responsibility to oneself and the profession.

(b) Fulfills the obligation to address and attempt to resolve ethical issues.

History

CR 25-083: cr. Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 34.114 Responsibility for professional competence {#sec-pi-34.114 omnilex-key=us-wi-regs-official--agency-pi--PI 34.114}

(1) The educator is committed to the highest levels of professional and ethical practice.

(2) The educator demonstrates the following:

(a) Commitment to standards of practice, including those described in subch. II and this subchapter.

(b) Compliance with allowable uses of data, materials, research, and assessment in the school environment.

History

CR 25-083: cr. Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 34.115 Responsibility to students {#sec-pi-34.115 omnilex-key=us-wi-regs-official--agency-pi--PI 34.115}

(1) The educator has a primary obligation to promote the health, safety, and well-being of all students.

(2) The educator treats students with dignity and respect and establishes and maintains appropriate verbal, physical, emotional, and social boundaries.

(3) The educator does the following:

(a) Respects the rights and dignity of all students.

(b) Demonstrates an ethic of care.

History

CR 25-083: cr. Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 34.116 Responsibility to the school community {#sec-pi-34.116 omnilex-key=us-wi-regs-official--agency-pi--PI 34.116}

(1) The educator promotes appropriate relationships and effective interactions with members of the school community.

(2) The educator promotes appropriate and effective relationships with parents and guardians, colleagues, the community, and other stakeholders.

History

CR 25-083: cr. Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 34.117 Responsible and ethical use of technology {#sec-pi-34.117 omnilex-key=us-wi-regs-official--agency-pi--PI 34.117}

(1) The educator considers the impact of consuming, creating, distributing, and communicating information using technology.

(2) The educator maintains appropriate boundaries, in accordance with the educator’s role, when using electronic communication.

(3) The educator does the following:

(a) Uses technology in a responsible manner.

(b) Promotes and monitors students’ safety and well-being when using technology.

(d) Promotes the appropriate use of technology in educational settings.

History

CR 25-083: cr. Register June 2026 No. 846, eff. 7-1-26.

Chapter PI 35 MILWAUKEE PARENTAL CHOICE PROGRAM

Wis. Admin. Code § PI 35.01 Purpose {#sec-pi-35.01 omnilex-key=us-wi-regs-official--agency-pi--PI 35.01}

Any qualified pupil in grades kindergarten to 12 who meets the requirements under s. 119.23 (2) (a), Stats., may attend any school participating in the Milwaukee parental choice program under s. 119.23, Stats. This chapter establishes approval criteria and requirements for schools participating in the choice program under s. 119.23, Stats., and requirements for receipt of state aid under s. 119.23 (4) and (4m), Stats.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § PI 35.02 Definitions {#sec-pi-35.02 omnilex-key=us-wi-regs-official--agency-pi--PI 35.02}

In this chapter:

(3) “Choice administrator” means the person designated as such on the notice of intent to participate form under s. PI 35.03 (3) or 35.04 (1) (a) or on the form under s. PI 35.04 (2).

(4) “Choice program” means the program established under s. 119.23, Stats., for pupils residing in the city of Milwaukee.

(5) “Classroom records” means teacher-originated test scores, report cards, progress reports, and attendance records.

(6) “Count date” means the third Friday in September and the second Friday in January except as provided under s. 121.05 (3m), Stats.

(7) “Credit” means the credit given to pupils in grades 9 to 12 for successful completion of a school term of study in one course that meets daily for a normal class period or the equivalent established by the governing body of a school.

(8) “Department” means the Wisconsin department of public instruction.

(9) “Eligible education expenses” has the meaning given in s. 119.23 (7) (am) 1m., Stats.

(10) “Financial audit” means the modified financial audit or standard financial audit, and includes the audit opinion and supplemental schedule, required under ss. 118.60 (7) (am) and 119.23 (7) (am), Stats., and ss. PI 35.10 and 48.10.

(11) “Financially viable” or “financial viability” means the ability of the school to pay for goods and services, make debt service payments, and pay other obligations as they become due.

(12) “First time participant” means a school that meets one of the following criteria:

(a) The school did not participate in a program under s. 118.60 or 119.23, Stats., at the time the school filed a notice of intent to participate in the choice program with the department for the following school year.

(b) The school participated in a program under s. 118.60 or 119.23, Stats., at the time the school filed a notice of intent to participate in the choice program with the department for the following school year but one of the following occurred:

The school voluntarily withdrew from participation in a program under s. 118.60 or 119.23, Stats.
The state superintendent issued an order terminating or barring the school’s participation in a program under s. 118.60 or 119.23, Stats.

(13) “Generally accepted auditing standards” means the auditing standards prescribed by the accounting examining board under s. Accy 1.202.

(14m) “Modified financial audit” means the audit required under ss. 118.60 (7) (am) and 119.23 (7) (am), Stats., for a school that received less than $100,000 under ss. 115.7915, 118.60, and 119.23, Stats., in any school year.

(15) “New private school” means a private school that meets either of the requirements in s. 119.23 (1) (ai) 1. a. or b., Stats., for the 12 months immediately preceding either of the dates the school would be required to submit the information under s. PI 35.04 (1) and (2), except as provided under s. 119.23 (1) (ai) 2., Stats.

(16) “Official attendance records” means a listing of all kindergarten through grade 12 pupils enrolled in the school by grade level from the student information system required under s. 115.383 (3) (b), Stats.

(17) “Parent” means a parent listed on the pupil application submitted under s. PI 35.05 who is one of the following:

(a) The pupil’s biological parent, legal guardian, parent by adoption, or step-parent who resides in the same household as the pupil applicant. A parent on military duty is considered to be residing in the household.

(b) If no individual meets the requirements in par. (a), an individual who has the legal authority to make educational decisions for the pupil.

(18) “Professional standards” means all of the following:

(a) Standards established by the accounting examining board under ch. 442, Stats.

(b) Standards issued by the comptroller general of the United States for engagements in which the use of generally accepted governmental auditing standards is required.

(19) “Reserve” means the difference between the revenue received under ss. 118.60 and 119.23, Stats., and the amount of net eligible education expenses for pupils participating in a program under ss. 118.60 and 119.23, Stats.

(20) “School term” has the meaning given in s. 115.001 (12), Stats.

(21) “School year” has the meaning given in s. 115.001 (13), Stats.

(21m) “Special needs scholarship program excluded expenses” means eligible education expenses included under s. PI 49.09 (3) (a) and costs included as eligible in any statements provided under s. 115.7915 (4c), Stats., incurred in that school year.

(23) “State superintendent” means the state superintendent of public instruction.

(23m) “Standard financial audit” means the audit required under ss. 118.60 (7) (am) and 119.23 (7) (am), Stats., for a school that annually received a total of at least $100,000 under ss. 115.7915, 118.60, and 119.23, Stats., in any school year.

(25) “Working papers” means the record of the audit procedures performed by the auditor, the relevant audit evidence obtained by the auditor, and the conclusions reached by the auditor.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (3) made under 35.17, Stats., Register July 2016 No. 727; CR 19-120: r. (2), am. (10), (12) (a), (b) (intro.), r. (14), cr. (14m), am. (15), cr. (21m), r. (22), cr. (23m), r. (24) Register May 2020 No. 773, eff. 6-1-20; EmR2513: emerg. r. (1), eff. 9-9-25; CR 25-071: r. (1) Register February 2026 No. 842, eff. 3-1-26.

Wis. Admin. Code § PI 35.03 School requirements {#sec-pi-35.03 omnilex-key=us-wi-regs-official--agency-pi--PI 35.03}

(1) Private school. A school participating in the choice program shall be a private school as defined in s. 118.165, Stats.

(2) Choice administrator. The choice administrator shall be one of the following:

(a) An owner of the school.

(b) An individual appointed as the school’s choice administrator by the governing body of the organization operating the school.

(3) Notice of intent to participate. Except as provided under s. PI 35.04 (1) for new private schools, annually by January 10, a school that intends to participate in the choice program in the following school year shall file with the department a notice of intent to participate. The notice shall include all of the following:

(a) The school’s plan for ensuring it will select pupils on a random basis from a new pool of applicants each school year, as required under s. 119.23 (3) (a), Stats. The school’s plan shall be one of the following:

The plan provided by the department.
A plan provided by the school and approved by the department. A school using this option shall file the plan with the department for approval by January 10. If the school does not provide a plan by January 10 or the plan is not approved by the department by January 31, the school shall use the plan provided by the department. If the school makes a change to the plan in a subsequent school year, the school shall file, with the school’s notice of intent to participate, the revised plan for approval.

(b) The number of spaces the school has available for pupils participating in the choice program.

(bm) The expected number of choice program pupils that will participate in summer school under s. PI 35.08.

(c) The open application periods during which the school will accept choice program pupil applications. After January 10, a school may not amend the open application periods it selects.

(d) For first time participants, the name and location of the accredited institution of higher education from which the choice administrator received at least a bachelor’s degree and the date the degree was received, the number of the choice administrator’s teaching or administrator license issued by the department, or an indication that the administrator is excluded from the requirement under s. 119.23 (2) (c) 2., Stats.

(e) The signature and mailing address of the choice administrator.

Note: The notice of school’s intent to participate form, which includes the department’s random selection plan, may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

(5) Disclosure of information.

(a) By January 10 prior to the school’s initial school year in the choice program, a first time participant shall file with the department the information required under s. 119.23 (6p) (a), Stats., and the mailing addresses for each governing body member on a form provided by the department.

(b) Annually by August 1, a school participating in the choice program that is not a first time participant shall file with the department any changes to the school’s governing body members, including signatures required under s. 119.23 (6m) (c), Stats., and the mailing addresses for each new governing body member on a form provided by the department.

Note: The disclosure of information form and school update form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

(6) Accreditation requirements. A school participating in the choice program shall be accredited by an accrediting agency under s. 119.23 (1) (ab), Stats. Annually by August 1, a school that is fully accredited under s. 119.23 (2) (a) 7., Stats., shall file with the department a notice from the school’s accrediting agency under s. 119.23 (1) (ab), Stats., stating that the school is accredited as of the date of the notice. The notice shall meet all of the following requirements:

(a) The notice shall include the following information:

The school’s name.
The school’s address for each location included in the accreditation.
The grades accredited by the agency.
Notification that the school is accredited at the time the notice is filed.

(b) The notice shall be filed no earlier than the beginning of the school year.

(7) Hours of instruction and annual school board meetings.

(a) By the first weekday in May of the school year immediately preceding the first school year in which a first time participant intends to participate in the choice program, a first time participant shall file with the department the hours of instruction for the upcoming school year on a form provided by the department. The hours of instruction shall comply with the requirements under s. 119.23 (2) (a) 8., Stats., and s. PI 35.06 (6).

(b) Annually by the last weekday in September, as part of the pupil count report for the third Friday in September required under s. PI 35.06 (8) or another manner prescribed by the department, a school shall file all of the following with the department:

The school’s start and end date for the current school term.
The dates of the two governing body meetings for the current school year required under s. 119.23 (7) (b) 3m., Stats.
The hours of instruction for the current school term. The hours of instruction shall comply with the requirements under s. 119.23 (2) (a) 8., Stats., and s. PI 35.06 (6).

Note: The hours of instruction form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

(f) Upon request by the department, a school shall provide documentation showing how the school meets the hours of instruction requirements under s. 119.23 (2) (a) 8., Stats., and s. PI 35.06 (6).

(8) School fees.

(a) A school may not charge pupils participating in a choice program for a field trip if the trip is required for a class, is part of the school’s curriculum, or is part of the hours of instruction.

(b) A school may have a written policy indicating it will charge a fine for lost, damaged, or unreturned school property. The amount of the fine may not exceed the cost of the item.

(9) All student accountability report.

(a) By the first weekday in August of the school year in which a first time participant intends to participate in the choice program, a first time participant shall file a form with the department identifying whether the school will provide the data required under s. 115.385 (3) (b), Stats., to the department.

(b) Annually by the first weekday in August, a school may file a form with the department identifying changes to whether the school will provide the data required under s. 115.385 (3) (b), Stats., to the department. After the first weekday in August, the school may not make changes for that school year.

Note: The form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (5) (a) 1., (b) 1. made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (3) (intro.), (a) 2., cr. (3) (bm), am. (3) (d), r. (4), renum. (5) (a) (intro.) to (5) (a) and am., r. (5) (a) 1., 2., renum. (5) (b) (intro.) to (5) (b) and am., r. (5) (b) 1., 2., am. (6) (intro.), (a) (intro.), 3., 4., (b), (c), (7) (a), renum. (7) (b) to (7) (b) (intro.) and am., cr. (7) (b) 1. to 3., r. (7) (c) to (e), cr. (7) (f), (9) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 35.04 New private school requirements {#sec-pi-35.04 omnilex-key=us-wi-regs-official--agency-pi--PI 35.04}

(1) Preceding August 1 requirements. A new private school shall participate in a fiscal management training program approved by the department and submit all of the following to the department by August 1 of the school year immediately preceding the school year that the school intends to participate in the choice program:

(a) A new private school’s notice of intent to participate that includes all of the following:

The name and location of the accredited institution of higher education from which the choice administrator received at least a bachelor’s degree and the date the degree was received, the number of the choice administrator’s teaching or administrator license issued by the department, or an indication that the administrator is excluded from the requirement under s. 119.23 (2) (c) 2., Stats.
The signature and mailing address of the choice administrator.

(b) The information specified under s. 119.23 (6m) (a), Stats.

(c) The governing body members’ signatures required under s. 119.23 (6p) (a) 2., Stats., and the mailing addresses for each governing body member on a form provided by the department.

(e) A cashier’s check or another guaranteed manner permitted by the department for the auditor fee required under s. 119.23 (2) (ag) 1. c., Stats.

(f) A budget and cash flow report, on a form provided by the department, for the following school year that contains all of the following:

Anticipated enrollments for all pupils enrolled in the school.
Anticipated enrollments for choice program pupils.
Estimated total revenues and costs.
Estimated amounts required under s. PI 35.10 (3) (a).
A schedule of anticipated beginning and ending net assets.
A schedule of monthly cash flows.

6m. Anticipated beginning and ending reserve balance.

The contingent funding sources the school will use if actual enrollments are less than expected and evidence of the availability of the funding sources.
A statement of whether the school has any past due amounts, interest, or penalties due to the U.S. internal revenue service, the Wisconsin department of workforce development, or the Wisconsin department of revenue. An amount must be disclosed even if it is in dispute. If a school has past due amounts, interest, or penalties due to a government entity, the school shall do all of the following:

a. Disclose to the department the outstanding amount owed.

b. Submit to the department statements or other correspondence from the government entity stating the amount the government entity claims is due, the amount in dispute, and nature of the amount due.

Note: The notice of school’s intent to participate form for a new school, disclosure of information for new schools, and the budget and cash flow report form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

(2) New private schools participation information. A new private school shall submit all of the following to the department by January 10 of the school year immediately preceding the school year that the school intends to participate in the choice program.

The plan provided by the department.
A plan provided by the school and approved by the department. A school using this option shall submit the plan to the department for approval by January 10. If the school does not provide a plan by January 10 or the plan is not approved by the department by January 31, the school shall use the plan provided by the department. If the school makes a change to the plan in a subsequent school year, the school shall submit, with the school’s notice of intent to participate, the revised plan to the department for approval.

(b) The number of spaces the school has available for pupils participating in the choice program.

(bm) The expected number of choice program pupils that will participate in summer school under s. PI 35.08.

(c) The open application periods during which the school will accept choice program pupil applications. After January 10, a school may not amend the open application periods it selects.

(d) The name and location of the accredited institution of higher education from which the choice administrator received at least a bachelor’s degree and the date the degree was received, the number of the choice administrator’s teaching or administrator license issued by the department, or an indication that the administrator is excluded from the requirement under s. 119.23 (2) (c) 2., Stats.

(e) The signature and mailing address of the choice administrator.

Note: The new private schools participation information form, which includes the department’s random selection plan, may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

(3) Auditor fee payment increases. If the amount of the auditor fee for the school year in which the school will first participate in the choice program is more than the amount paid in sub. (1) (e), the new private school shall pay the difference between the amount paid and the amount owed calculated under s. PI 35.17 (1) by January 10 of the school year immediately preceding the school year that the school intends to participate in the choice program. The school shall pay the difference with a cashier’s check or another guaranteed manner permitted by the department.

(4) Third party payroll provider. By August 1 of the first school year in which a new private school intends to participate in the choice program, a new private school shall submit to the department an executed contract with a third-party payroll service showing that the payroll service will remit federal and state payroll taxes for each employee of the school.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (1) (c) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (1) (c), r. (1) (d), am. (1) (e), cr. (1) (f) 6m., am. (2) (intro.), cr. (2) (bm), am. (3) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 35.05 Pupil application requirements {#sec-pi-35.05 omnilex-key=us-wi-regs-official--agency-pi--PI 35.05}

(1) Definitions. In this section:

(a) “Continuing pupil” means an applicant who participated in the choice program or a program under s. 118.60, Stats., 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 a residency document from each applicant that meets all of the following requirements:

(a) The document shall be one of the following:

A wage statement or federal form W-2.
A water, sewer, gas, electric, cable, satellite, landline phone, or internet utility bill or a letter. The letter shall be from a water, sewer, gas, electric, cable, satellite, landline phone, or internet utility regarding these utility services at the address on the application.
A mortgage statement.
Correspondence that is directly from a government agency.
A complete, signed and dated month-to-month lease agreement. The start date of the month-to-month lease shall be used to determine if the document meets the date requirements.
A complete, signed and dated lease agreement with a lease term.
For a homeless individual or family, a letter on letterhead from a shelter for the homeless or from a private or public organization providing services for homeless individuals, signed and dated by a representative of the organization, indicating that the individual or family lived at an identifiable location which could conceivably serve as a temporary residence during the time period specified in par. (b) 3.
A safe at home authorization card that is not expired for families participating in the safe at home program through the department of justice under s. 165.68, Stats.
An alternative residency verification, on a form provided by the department. The alternative residency verification form shall require all of the following:

a. Identification of the pupils on the application.

b. Identification of the living situation that allows for the form to be used. The form may only be used if the pupils are not living with a parent on the application or a parent on the application does not have a document in subd. 1. to 8.

c. A document with the name of one of the parents on the application. The document provided under subd. 9. c. shall be one of the documents in subds. 1. to 6., or identification issued by a government agency or a school. The document under subd. 9. c. does not need to meet the requirements under par. (b) or (d).

d. A document in subds. 1. to 6. with the name of an individual who resides with the pupils on the application. The document under subd. 9. d. shall meet the requirements in par. (d).

e. A signature of the parent providing the document in subd. 9. c.

f. A signature of the individual identified on the document in subd. 9. d., and an attestation by that individual that the pupil resides with the individual.

If a parent does not have one of the residency documents listed in subds. 1. to 9. that meets the requirements under this subsection, the school may send the department a request to use a different document. In its request, the school must provide a document that demonstrates the applicant resides at the address on the application and affirm the document meets the requirements in pars. (b) to (d). The school may use this document if the department approves the use of the document as residency documentation sufficient to demonstrate the applicant resides at the address on the application.

(b) The document shall meet the following date requirement:

The documents in par. (a) 1. to 5., 9. d. and 10. 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 with a lease term under par. (a) 6., the lease term shall include the date the application was received.
The time period specified in the document in par. (a) 7. shall be no earlier than 3 months prior to the start of the open application period in which an applicant applies.

(c) The name on the document shall match the name of one of the parents on the application, except for the document required under par. (a) 9. d.

(d) The address on the document shall match the address on the application.

Note: The alternative residency verification form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at https://dpi.wi.gov/parental-education-options/choice-programs.

(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 or parent shall input the parent’s social security number into the online application system or parent application. 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:

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

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.

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 choice program based on the prior year income if both of the following apply:

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

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

History

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; CR 19-120: am. (1) (a), (4) (a), (b) 2., (8) (c) (intro) Register May 2020 No. 773, eff. 6-1-20; CR 26-006: renum. (2) to (2) (intro.) and am., cr. (2) (a) to (d) Register July 2026 No 847, eff. 8-1-26; correction in (2) (a) 9. c. to f., 10 made under s. 35.17, Stats., Register July 2026 No 847.

Wis. Admin. Code § PI 35.06 School year enrollment {#sec-pi-35.06 omnilex-key=us-wi-regs-official--agency-pi--PI 35.06}

(1) Application acceptance. A school may not accept pupil applications until the school has completed all of the following:

(a) The school has filed with 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).

(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 filed with 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.

(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 5-year-old kindergarten pupil shall be one-half full-time equivalent except as follows:

A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil 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.
A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 4 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 a 0.8 full-time equivalent.

2m. A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 3 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 a 0.6 full-time equivalent.

For purposes of this subsection, “full-day” means the following:

a. If the private school offers first grade, the length of the school day required to meet the total number of hours of instruction for first grade pupils under ss. 118.60 (2) (a) 8. and 119.23 (2) (a) 8., Stats.

b. If the private school does not offer first grade, the length of the school day required to meet the total number of hours of instruction for first grade pupils under s. 118.165 (1) (c), Stats.

(c) A pupil enrolled in a 4-year-old kindergarten program that provides at least 437 hours of direct pupil instruction shall be counted as a 0.6 full-time equivalent.

(7) Preliminary application and class list submission. Annually by the last weekday in August, a school shall file with the department, using 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. The class list may not include pupils that have withdrawn from the school.

(8) Application submission and pupil count reports. Annually by the last weekday in September and the last weekday in January, a school shall file with 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:

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.
Whether each choice program pupil meets the requirements under sub. (9).
The total number of pupils in the school on the immediately preceding count date that meet the requirements under sub. (9).
The pupils on the choice program waiting list on the immediately preceding count date.

(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.

History

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; CR 19-120: am. (1) (a), (3), (6) (b) 1., renum. (6) (b) 2. (intro.) to (6) (b) 2. and am., r. (6) (b) 2. a., b., cr. (6) (b) 2m., renum. (6) (b) 4. to (6) (b) 4. (intro.) and am., cr. (6) (b) 4. a., b., am. (7) (intro.), (b), (8) (intro.), cr. (8) (a) 4. Register May 2020 No. 773, eff. 6-1-20; EmR2513: emerg. am. (6) (b) (intro.), r. (6) (b) 3., cr. (6) (c), eff. 9-9-25; CR 25-071: am. (6) (b) (intro.), r. (6) (b) 3., cr. (6) (c) Register February 2026 No. 842, eff. 3-1-26.

Wis. Admin. Code § PI 35.07 Enrollment audits {#sec-pi-35.07 omnilex-key=us-wi-regs-official--agency-pi--PI 35.07}

(1) Report completion and submission. A school shall engage an auditor to compile the enrollment audit using agreed upon procedures that identify ineligible pupils for whom the school has received payment under s. 119.23 (4) or (4m), Stats., pupils with incorrect data in the department’s database, and additional eligible pupils qualifying the school for a payment. The report shall be prepared in accordance with professional standards and identify the procedures agreed upon by the auditor and the department that were used. A school shall file an enrollment audit with the department for the following:

(a) The third Friday in September enrollment reported under s. PI 35.06 (8). A school shall file its third Friday in September enrollment audit with the department by December 15.

(b) The second Friday in January enrollment reported under s. PI 35.06 (8). A school shall file its second Friday in January enrollment audit with the department by the first weekday in May if the school also participates in a program under s. 118.60, Stats. The school shall file its second Friday in January enrollment audit with the department by the last weekday in June if the school is not also participating in a program under s. 118.60, Stats.

(2) School records. A school shall provide its auditor with the official attendance records and the original classroom records for the auditor’s use in conducting the enrollment audit. The student information system shall identify pupils participating in the choice program. The school shall provide the auditor with official attendance records or another report from the student information system that identify which students are choice program pupils.

(3) Required procedures. An auditor shall complete the procedures specified in the department’s audit guide, including all of the following:

(a) Determine the school’s process for preparing attendance records and accepting and reviewing applications.

(d) Complete testing of the pupil enrollment software using one of the following:

The department’s pupil enrollment software test plan.
A pupil enrollment software test plan developed by the auditor. The auditor shall annually file the plan with the department for approval. The auditor shall not use the test plan until it is approved by the department.

(f) Verify that the total number of pupils attending the school on the official attendance records match the total number of pupils based on the pupil count report under s. PI 35.06 (8) (a) for each grade category.

(g) Verify the enrollment for all choice program pupils reported on the pupil count report under s. PI 35.06 (8) (a) using the school’s official attendance records.

(i) Verify that the choice program pupils meet the requirements of s. PI 35.06 (9).

(j) Verify that the school did not receive a payment under s. 119.23 (4) or (4m), Stats., for any of the following:

Pupils for whom the school is receiving a childcare payment for all day care.
Pupils who are enrolled in a public school district.
Pupils participating in the program under s. 115.7915, Stats.

(k) Reconcile tuition revenues and pupils for whom tuition is waived with the school’s records from the student information system that identify pupils who do not participate in the choice program. If the school charges a choice program pupil tuition, ensure the school obtained documentation indicating the pupil meets the requirements of s. 119.23 (3m) (b), Stats.

(L) Select a sample of at least 60 pupils not participating in the choice program from original classroom records and verify the school included the selected pupils in the official attendance records. The sample shall include pupils from each classroom. If the pupils are in different classrooms during the day, the auditor may select one period and select pupils from each classroom for that period. If the auditor identifies an auditing exception, the auditor shall increase the sample size in increments of 60 pupils until the auditor finds no additional exceptions or until the auditor verifies that all pupils have been properly included in reported enrollments. If the school has an enrollment of fewer than 60 pupils who did not participate in the choice program, the auditor shall examine records for all pupils who did not participate in the choice program.

(m) Reconcile the enrollment the school reported to the department under s. 115.30 (3), Stats., with the official attendance records of the school.

(n) Verify that the applications for pupils participating in the choice program and pupils on the choice program waiting list meet the requirements of s. PI 35.05.

(o) Verify that any pupils in 4-year-old kindergarten, 5-year-old kindergarten, or first grade meet the age requirements in s. 118.14 (1), Stats.

(p) If the school operated a summer school program, review all school documentation to support the summer school report the school filed with the department under s. PI 35.08 (5). The review shall be part of the third Friday in September enrollment audit.

(q) Perform other auditing procedures as agreed upon by the auditor and the department.

(r) Verify that the choice program waiting list pupils reported on the pupil count report required under s. PI 35.06 (8) (a) 4. match the pupils on the school’s choice program waiting list.

(4) Certifications.

(a) Upon review of the enrollment audits, the department shall certify an amount due from a school or an amount due to the school. If a school fails to file an enrollment audit with the department, the department may determine that all choice pupils are ineligible.

(b) A school shall refund to the department the amount certified as due to the department as specified under s. PI 35.19 (5).

(c) The department shall pay any additional amount due to a school for qualifying pupils within 60 days of the date of the certification letter.

Note: The enrollment audit form and department’s pupil enrollment software test plan may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (3) (b) under 13.92 (4) (b) 7., Stats., Register December 2016 No. 732; CR19-120: am. (1) (intro.), (a), (b), r. (c), am. (2), (3) (d) 2., r. (3) (e), am. (3) (f), (g), r. (3) (h), am. (3) (k), (L), (n), cr. (3) (r), am. (4) (a), a. (4) (b) (intro.) to (4) (b) and am., r. (4) (b) 1., 2. Register May 2020 No. 773, eff. 6-1-20; EmR2513: emerg. r. (3) (b), eff. 9-9-25; CR 25-071: r. (3) (b) Register February 2026 No. 842, eff. 3-1-26.

Wis. Admin. Code § PI 35.08 Summer school attendance and payment {#sec-pi-35.08 omnilex-key=us-wi-regs-official--agency-pi--PI 35.08}

(1) Definition. In this section, “academic purposes” means summer school learning experiences that are related to or similar to instruction the school offers during the regular school term or for which credit toward graduation is given.

(2) List of classes. Annually by the first weekday in May, a school shall file with the department a list of academic summer school classes and laboratory periods that the school will provide in the following summer. The department shall annually review the list to ensure the classes are for academic purposes.

(3) Program requirements. A school may count any of the following as instruction for academic purposes:

(am) Music programs, lessons, sections, or clinics.

(bm) Swimming instruction programs, if taught or directed by a teacher at the site of the instruction.

(cm) Field trips if accompanied by a teacher and if all pupils have equal access to the field trips regardless of a pupil’s ability to pay.

(4) Pupil attendance requirements. A school may include a pupil in its summer school report if the pupil was in the choice program on the second Friday in January during the school term immediately preceding the summer for which the school seeks payment, or the school has accepted the pupil’s choice program application for the school term immediately following that summer.

(5) Report. A school counting pupils for choice summer school payment purposes shall file a summer school report with the department, using the online application system or other manner specified by the department, listing the choice program pupils who attended summer school and the number of days the pupils attended.

(6) Payment. A school may not receive a summer school payment under s. 118.60 (4m) or 115.7915 (4p), Stats., and a summer school payment under s. 119.23 (4m), Stats., for the same pupil in the same school year.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; CR 19-120: am. (1), (2), renum. (3) (a) (intro.), 1., 2., 3. to (3) (intro.), (am), (bm), (cm) and, as renum., am. (3) (intro.), (bm), r. (3) (b), renum. (4) (intro.) to (4) and am., r. (4) (a), (b), am. (5), cr. (6) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 35.09 Financial audit {#sec-pi-35.09 omnilex-key=us-wi-regs-official--agency-pi--PI 35.09}

(1) Financial audit requirement. Annually by October 15, a school shall submit a financial audit and financial audit supplemental schedule to the department. The financial audit shall comply with all of the following:

(a) The financial audit shall either include the school-only balances and activity or shall be prepared at the consolidated level as permitted by generally accepted accounting principles.

(b) A school may submit a financial audit that includes a modified audit opinion due to fixed assets purchased prior to the school’s participation in a program under ss. 115.7915, 118.60, and 119.23, Stats., not being included in the financial audit.

(c) The school shall have support for the original purchase price for the fixed assets and evidence that the school paid for the fixed asset purchases in order for the depreciation expense to be an eligible education expense. If any fixed assets are included in the statement of financial position that do not meet these requirements, the financial audit shall include a footnote disclosure that includes the fixed asset amount, accumulated depreciation, and current year depreciation expense for the fixed assets that do not meet the requirements to be included as an eligible education expense.

(d) Except as provided under par. (b) and sub. (4) (b), a financial audit that includes a modified audit opinion does not meet the requirements under s. 119.23 (7) (am) 2m. a., Stats., and this chapter unless the modification is approved by the department.

(2) Compliance with American Institute of Certified Public Accountants requirements. As provided under s. 119.23 (7) (am) 2m. a., Stats., an auditor engaged by a school to provide the audit opinion in this section shall comply with the auditing standards established by the American Institute of Certified Public Accountants, including all of the following:

(a) The auditor shall develop written audit programs identifying the steps and procedures to be followed in conducting the audit, including establishing the planning materiality that the auditor will use for the audit.

(b) The auditor shall trace all entries on the financial audit and financial audit supplemental schedule to the trial balance provided by the school under s. PI 35.11 (2).

(c) The auditor shall obtain sufficient appropriate audit evidence to conclude that the financial statements do not contain misstatements the effect of which, when aggregated with misstatements in other accounts and transactions, exceeds the planning materiality and results in a material misstatement in the financial statements or in the school’s net eligible education expenses. The auditor shall determine sufficient appropriate audit evidence based on the requirements of the American Institute of Certified Public Accountants.

(3) Standard financial audit.

(a) The standard financial audit shall be prepared in accordance with generally accepted accounting principles.

(b) Except as provided under par. (c), the standard financial audit shall include 2-year comparative financial statements containing all of the statements required by generally accepted accounting principles, including a statement of financial position, a statement of activities, and a statement of cash flows. Both years of the financial statements shall be audited.

(c) The first year a school completes a standard financial audit for the choice program, the statement of activities and statement of cash flows may only include the current school year.

(4) Modified financial audit.

(a) The modified financial audit shall include an audited one-year statement of financial position prepared as required by generally accepted accounting principles.

(b) A school may submit a modified financial audit that includes a modified audit opinion due to post-retirement benefits being excluded from the statement of financial position.

(5) Management letter. The management letter required under ss. 118.60 (7) (am) and 119.23 (7) (am), Stats., shall include all of the following if issued by the auditor:

(a) Any letter issued under the American Institute of Certified Public Accountants Statement on Auditing Standards 114.

(b) Any letter issued under the American Institute of Certified Public Accountants Statement on Auditing Standards 115.

(c) Any other letter to management communicating significant deficiencies or material weaknesses in the internal controls.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; CR 19-120: r. and recr. (1), cr. (3) to (5) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 35.10 Financial audit supplemental schedule {#sec-pi-35.10 omnilex-key=us-wi-regs-official--agency-pi--PI 35.10}

(1) Eligible education expenses. The eligible education expenses included in the financial audit supplemental schedule shall comply with all of the following:

(a) Eligible education expenses may only include those expenses that already have or will result in a cash disbursement.

(b) Eligible education expenses may only include the following:

In a standard financial audit, expenses that are in the statement of activities, except for the cost of land. The amount that the school paid for land shall be included in the first year the land is used for educational programming using an allocation method under par. (d), if applicable.
In a modified financial audit, expenses that would be included in the statement of activities for the school year based on generally accepted accounting principles except for the following:

a. The amount that the school paid for land shall be included in the first year the land is used for educational programming using an allocation method under par. (d), if applicable.

b. Post-retirement benefits may be included as an eligible education expense based on the amount expended for the post-retirement benefits in the school year.

(d) If an expense or government assistance revenue is partially related to educational programming, the school shall use an allocation method to determine the portion that is related to educational programming. The allocation methods shall be included in the school’s policy established under s. PI 35.13 (5) (h).

(e) The following may not be included in kindergarten through grade 12 eligible education expenses:

Contributed services, fixed assets, or goods.
Scholarship awards and financial support for pupils to attend the private school, including payments to parents or others on behalf of pupils.
Daycare expenses except expenses for before or after school care for kindergarten through grade 12 pupils that are enrolled in educational programming at the school.

4m. Special needs scholarship program excluded expenses.

Expenses for pupils who are enrolled in the public school district and attending the private school.

(2) Auditor review of eligible education expenses. An auditor shall ensure the eligible education expenses a school included in the supplemental schedule comply with the requirements under sub. (1), s. PI 35.09 (1) (c), and the policy established under s. PI 35.13 (5) (h).

(3) Supplemental schedule calculations. The supplemental schedule shall calculate all of the following:

(a) Net eligible education expenses for all pupils as follows:

Determine the amount of eligible education expenses. This amount shall not include special needs scholarship program excluded expenses.
Subtract all government assistance revenues received for eligible education expenses. This amount shall not include government assistance revenues subtracted in s. PI 49.09 (3) (a) 2. or in the statements provided under s. 115.7915 (4c).
Subtract the lesser of the following:

a. Fundraising revenue.

b. The non-administrative fundraising expenses included in the expenses in subd. 1. In this subdivision, administrative expenses include expenses for school personnel, copying, mailing, or fixed assets used for other school purposes.

Subtract all insurance proceeds received for eligible education expenses. This amount shall not include insurance proceeds subtracted in s. PI 49.09 (3) (a) 4.

(b) The net eligible education expenses for pupils participating in a program under ss. 118.60 and 119.23, Stats., as follows:

Calculate the percentage of pupils at the school participating in a program under ss. 118.60 and 119.23, Stats., as the full-time equivalent for the pupils participating in a program under ss. 118.60 and 119.23, Stats., compared to the all pupil full-time equivalent. The full-time equivalents shall be based on the average of the full-time equivalents determined in the enrollment audits under ss. PI 35.07 and 48.07.
Multiply the amount calculated under par. (a) by the percentage under subd. 1.

Determine the total revenue received under ss. 118.60 and 119.23, Stats. Summer school revenue received under ss. 118.60 and 119.23, Stats., shall be included in the school year it is received.
Add the prior year reserve balance, if any.
Subtract the amount determined under par. (b).
Subtract any reserve amount repaid to the department.

(d) The school’s cash and investment balance that shall be maintained under sub. (4) as follows:

Determine the sum of any remaining depreciation on fixed assets used by the school and any land purchases that have not yet been included in eligible cost under sub. (1) (b) that meet the requirements to be included as an eligible education expense. The depreciation under this subdivision shall not include depreciation for leased right of use assets.
Subtract the amount under subd. 1. from the amount under par. (c).

(3m) Paycheck Protection Program loans. Notwithstanding sub. (3) (a) 2., the forgiven portion of Paycheck Protection Program loans administered by the U.S. small business administration under 15 USC 636 may not be included as offsetting government assistance revenue in the supplemental schedule.

(4) Maintain reserve balance. The school shall maintain the reserve balance, if positive, for future eligible education expenses for choice pupils. The school’s cash and investment balance shall be at least as much as the amount calculated under sub. (3) (d), if positive. If the school is also participating in the program under s. 115.7915, Stats., the cash and investment balance shall be at least as much as the reserve calculated under this chapter and s. PI 49.09 less the sum of any remaining depreciation on fixed assets used by the school and any land purchases that have not yet been included in eligible cost under sub. (1) (b) that meet the requirements to be included as an eligible education expense. The depreciation under this subsection shall not include depreciation for leased right of use assets. If a school fails to maintain a sufficient cash and investment balance, it shall repay the reserve balance to the department as specified under s. PI 35.19 (5).

(5) Financial audit submission.

(a) If a school ceases to participate or is barred from participation in all of the programs the school is participating in under ss. 118.60 and 119.23, Stats., it shall submit to the department the financial audit required under s. 119.23 (7) (am) 2m. a., Stats., for the final school year in which it participated. The net eligible education expenses under sub. (3) (a) shall be multiplied by the percent of the school year the school participated in the choice program if the school was not eligible for all of the payments under s. PI 35.19. This percentage shall be calculated as follows:

The net eligible education expenses shall be multiplied by 25 percent if the school was only eligible for the September payment.
The net eligible education expenses shall be multiplied by 50 percent if the school was only eligible for the September and November payments.
The net eligible education expenses shall be multiplied by 75 percent if the school was only eligible for the September, November, and February payments.

(b) If a school fails to submit the financial audit, the school’s net eligible education expenses for the year shall be determined to be zero for purposes of determining the school’s reserve balance.

(6) Refund of the reserve. If a school ceases to participate or is barred from participating in all of the programs the school is participating in under ss. 118.60 and 119.23, Stats., and the school’s reserve is positive, the school shall refund the reserve balance to the department as specified under s. PI 35.19 (5).

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; CR 19-120: renum. (1) (b) to (1) (b) (intro.) and am., cr. (1) (b) 1., 2., am. (1) (e) 1., r. (1) (e) 4., cr. (1) (e) 4m., am. (2), (3) (a) 1., 2., renum. (3) (a) 3. to (3) (a) 3. (intro.) and am., cr. (3) (a) 3. a., b., am. (3) (a) 4., (b) 1., (c) 1., cr. (3) (c) 4., am. (3) (d) 1., (4), renum. (5) to (5) (a) (intro.) and am., cr. (5) (a) 1. to 3., (b), am. (6) Register May 2020 No. 773, eff. 6-1-20; EmR2117: emerg. cr. (3m), eff. 6-12-21; CR 21-046: cr. (3m) Register February 2022 No. 794, eff. 3-1-22.

Wis. Admin. Code § PI 35.11 School financial requirements {#sec-pi-35.11 omnilex-key=us-wi-regs-official--agency-pi--PI 35.11}

(1) Engagement letter. A school shall have a written engagement letter with each auditor providing services required by this chapter. The school or auditor shall provide a copy of the engagement letter to the department upon request. The written engagement letter shall contain all of the following:

(a) A statement that the auditor shall comply with generally accepted auditing standards and the requirements of this chapter.

(b) A statement that the auditor shall comply with generally accepted governmental auditing standards if other governmental agencies providing funds to the school so require.

(d) The services the auditor provides to the school that are in addition to those audit and attestation services required under this chapter.

(e) The auditor’s acknowledgement that the department will rely on the auditor’s work to fulfill the department’s responsibilities under s. 119.23, Stats., and this chapter.

(f) The auditor’s compensation for the services the auditor provides to the school.

(2) Financial accounting system. A school shall balance the financial accounting system required under s. PI 35.13 (1) and provide the auditor with a trial balance of the account balances.

(3) Adjusting entries. Adjustments to the school’s trial balance recommended by a school’s auditor shall be approved by the school before the entries are recorded in the school’s financial accounting system.

(4) Records retention. A school shall retain all financial and pupil records relating to the enrollment audits under s. PI 35.07, the audit required under ss. PI 35.09 and 35.10, and the report on fiscal and internal control practices under s. PI 35.13 for at least 5 years from the due date of the financial audit, unless the department or a law enforcement agency requests the school retain the records for more than 5 years.

(5) Records availability. A school shall furnish all financial and pupil records the auditor considers necessary to provide the audit opinion or agreed upon procedure reports. Upon request by the department, a school shall provide the department access and copies to the records referenced in the auditor’s working papers.

(6) School responsibility. An auditor’s failure to completely or properly perform the responsibilities set forth in s. 119.23, Stats., or this chapter is not a defense to any determination the department makes under this chapter or s. 119.23, Stats.

(7) Auditor bar. A school participating in the choice program may not engage an auditor who the department bars under s. PI 35.12 (7), 48.12 (7), or 49.11 (7) until such time as the auditor provides evidence acceptable to the department that the auditor has made procedural changes and has successfully completed professional development training that enables the auditor to comply with the requirements of this chapter, chs. PI 48 and 49, and ss. 115.7915, 118.60, and 119.23, Stats.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (7) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (6) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 35.12 Auditor requirements {#sec-pi-35.12 omnilex-key=us-wi-regs-official--agency-pi--PI 35.12}

(1) Independence requirements. An auditor engaged by a school to meet the requirements under this chapter and s. 119.23, Stats., shall comply with the standards of the American Institute of Certified Public Accountants, including all of following:

(a) An auditor shall comply with the requirements of s. Accy 1.101.

(b) An auditor shall obtain the school’s trial balance required under s. PI 35.11 (2) if the auditor is completing compilation or review services.

(c) Except as provided in par. (d), an auditor may not post or prepare for posting typical reoccurring financial transactions to the school’s general ledger, including cash receipts and disbursements, invoices or billings for services, billings from vendors and suppliers, and payroll activity.

(d) An auditor shall obtain written approval of the school’s management prior to posting adjusting, correcting, and closing journal entries to the school’s general ledger. An auditor’s working papers shall document evidence of management approval for all such entries resulting from a financial statement compilation, review, or audit.

(e) If an auditor assists in the preparation of a school’s budget, the auditor shall do all of the following:

Comply with s. Accy 1.201 (1) (e) regarding forecasts.
Identify that such assistance was provided, if required by the department.

(2) Inquiries. An auditor shall promptly respond to inquiries or requests made by the department. The auditor shall notify the school of any inquiries or requests made by the department and the auditor’s response.

(3) Working papers retention. An auditor shall retain working papers relating to the enrollment audits under s. PI 35.07, the audit required under ss. PI 35.09 and 35.10, and the report on fiscal and internal control practices under s. PI 35.13 for at least 5 years from the due date of the financial audit, unless the department or a law enforcement agency requests the auditor to retain working papers for more than 5 years.

(4) Working papers review. An auditor shall permit the department to review audit working papers prepared in support of the enrollment audits under s. PI 35.07, the audit required under ss. PI 35.09 and PI 35.10, and the report on fiscal and internal control practices under s. PI 35.13. The auditor shall promptly provide copies of working papers the department requests.

(5) Auditor peer review report. An auditor completing any of the audits and agreed upon procedure reports under s. 119.23, Stats., or this chapter shall file the auditor’s peer review required under s. 442.087, Stats., with the department within 30 days of the report’s issuance.

(6) License requirements.

(a) The auditing firm that is engaged by a school to complete the audits and agreed upon procedure reports under this chapter or s. 119.23, Stats., shall be licensed as a certified public accounting firm by the accounting examining board under ch. 442, Stats.

(b) The individual auditor who signs the engagement letter for the audits and agreed upon procedure reports under this chapter or s. 119.23, Stats., shall be a licensed certified public accountant by the accounting examining board under ch. 442, Stats.

(7) Auditor bar.

(a) The department may bar an auditor who fails to timely and properly fulfill the auditing and reporting requirements of this chapter or s. 119.23, Stats.

(b) An auditor who is barred under par. (a) shall not complete accounting, auditing, or other reporting requirements for any school participating in a program under ss. 115.7915, 118.60, and 119.23, Stats., until such time as the auditor submits to the department evidence acceptable to the department that the auditor has made procedural changes to the manner in which the auditor conducts an audit and has successfully completed professional development training that will enable the auditor to comply with the requirements of this chapter, chs. PI 48 and 49, and ss. 115.7915, 118.60, and 119.23, Stats.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (3), (7) (b) made under s. 35.17, Stats., Register July 2016 No. 727; correction in (7) (a) made under s. 35.17, Stats., Register December 2016 No. 732; CR 19-120: am. (5) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 35.13 Fiscal and internal control practices {#sec-pi-35.13 omnilex-key=us-wi-regs-official--agency-pi--PI 35.13}

(1) Financial accounting system. A school participating in the choice program shall use a double entry financial accounting system organized in a manner that enables preparation of the audit under ss. PI 35.09 and 35.10 and contains any other information necessary to fiscally manage the school. The accounting system shall identify all sources of funding a school uses in the school’s operation. The accounting system shall identify all of the following if the school receives revenue from the specified source:

(a) Revenue from pupils participating in the choice program.

(b) Revenue from parents or other privately paid tuition pupils.

(d) Revenue from the school district in which the school is located for transportation of the school’s pupils.

(e) Revenue from federal, state, and local governments.

(2) School budget. A school shall complete all of the following:

(a) Annually by June 30, a budget for the following school year that contains all of the following:

Anticipated enrollments for all pupils enrolled in the school.
Anticipated enrollments for choice program pupils.
Estimated total revenues and costs.
Estimated amounts required under s. PI 35.10 (3) (a).
A schedule of anticipated beginning and ending net assets.
Identification of the contingent funding sources the school will use should actual enrollments be less than expected.
Anticipated beginning and ending reserve balance.

(b) If a school’s actual third Friday in September enrollment for all pupils or for choice program pupils varies by 20 percent or 20 pupils, whichever is less, from the anticipated enrollments the school used in the budget required under par. (a), the school shall, annually by November 1, complete a revised budget containing all of the following:

The information required in par. (a) that reflects revenues resulting from the school’s actual third Friday in September enrollment.
Any other required budget changes related to the change in revenues resulting from the school’s actual third Friday in September enrollment.

(3) Expense payment. A school shall pay in full all of the following as required by the written agreement or, if there is no written agreement, within 90 days of the receipt of the invoice or payment request:

(a) Amounts owed to vendors.

(b) Reimbursements to employees and other persons for expenses incurred on behalf of the school. A school may only reimburse an employee or other person if the employee or other person submits receipts supporting the reimbursement to the school and the request for reimbursement is made within the time period specified in the school’s written policy for reimbursement. The school shall retain a record of all reimbursements, including supporting receipts.

(4) Employee compensation. A school shall do all of the following:

(a) Have a signed, written agreement for each employee stating the employee’s compensation. The agreement shall be signed by the employee and a representative of the school before the school makes the first payment to the employee for the school year.

(b) Provide each employee with a document that states the dates that the school will pay the employee. The school shall provide a copy of this document to the employee before the school makes the first payment required by the document.

(c) Provide a written document to the employee specifying any changes to a document under par. (a) or (b) before any change is effective. The written notification does not need to be signed. If the change is to the compensation for the employee, the written notification shall include all of the following:

The dollar amount of the compensation change or how the compensation change will be calculated.
If the compensation change is a one time amount that will be paid to the employee, the written notification shall specify when the one time compensation payment will be paid.
If the compensation change is an ongoing change, the written notification shall specify the date the ongoing compensation change is effective.

(d) Make payments to employees based on the documents in pars. (a) to (c).

(5) Financial internal control system. A school shall have an adequate system of financial internal controls which requires a school to do all the following:

(a) Deposit all receipts and pay all disbursements from a depository account maintained solely for the school’s purposes unless the operating organization’s financial accounting system separately identifies the school’s transactions and account balances. The depository account the school or its operating organization uses for school purposes shall be located in the state of Wisconsin.

(b) Maintain documentation as to the nature and source of all cash receipts.

(d) Maintain invoices and payment requests supporting disbursements.

(e) Ensure that no checks or other withdrawals are denied due to insufficient funds.

(f) Authorize electronic fund transfers by the school in accordance with a policy established by the school.

(g) Reconcile the school’s bank accounts on a monthly basis.

(h) Establish a policy indicating what expenses will be included in eligible education expenses and the methods that will be used to allocate any expenses or government assistance revenues that are related to eligible education expenses and other activities.

(6) Government agency filings and payments. A school shall be current with all of the following:

(a) Filing, payments, and withholdings payment requirements of the U.S. internal revenue service.

(b) Filing, payments, and withholdings payment requirements of the Wisconsin department of revenue.

(d) Filing and payment requirements of the Wisconsin department of financial institutions.

(e) Filing requirements of the Wisconsin department of safety and professional services.

(f) Auditing requirements of federal, state, and local government entities. The school shall submit to the department a copy of audit reports issued or revisions of such reports within 30 days of submission to the requiring government agency.

(7) Liability insurance. A school shall have insurance coverage provided by an insurance company licensed to do business in the state of Wisconsin or by a non-profit, tax exempt mutual protective organization covering risks of schools of, and controlled by, a religious denomination. All coverage shall be on an occurrence form or a claims made basis. A school’s minimum insurance coverage shall be as follows:

(a) Worker’s compensation insurance as specified in ch. 102, Stats.

(b) Commercial general liability insurance in the following amounts unless the coverage amounts are based on a written recommendation of a risk or insurance consultant.

For each occurrence, minimum coverage in the amount of $1,000,000.
Personal injury coverage of not less than $1,000,000.

(c) Umbrella excess liability insurance with an aggregate limit minimum coverage of $5,000,000, unless the coverage amount is based on a written recommendation of a risk or insurance consultant.

(d) Auto liability insurance with a combined single limit minimum coverage of $1,000,000 for each accident unless the coverage amount is based on a written recommendation of a risk or insurance consultant.

(e) Errors and omissions insurance for school management with an aggregate limit minimum coverage of $1,000,000 unless the coverage amount is based on a written recommendation of a risk or insurance consultant.

(f) Sexual misconduct liability insurance with an aggregate limit minimum coverage of $1,000,000 unless the coverage amount is based on a written recommendation of a risk or insurance consultant.

(8) School bus. If a school operates or contracts for the operation of school buses with an organization other than a Wisconsin school district, the school or the contracted operator shall have school bus insurance as required under s. 121.53, Stats., and complete the inspections required under s. Trans 300.87. The school may not contract for the school bus operation with an organization other than a Wisconsin school district unless the operator has provided the school with a certificate of insurance meeting the requirements of s. 121.53, Stats., and has completed the inspection report required under s. Trans 300.87.

(9) Alternative vehicle pupil transportation. Any motor vehicle, other than school buses, used by a school to provide pupil transportation shall comply with the conditions specified in s. 121.555, Stats.

(10m) Background checks.

(a) In this subsection, “license” means a valid license issued by the department under ch. PI 34.

(b) Schools shall conduct criminal background investigations of all employees by completing one of the following:

Conduct a criminal background check prior to employing any individual at the school and every 5 years after the date of the previous background check.
Complete all of the following procedures for an individual with a license:

a. Obtain and retain a copy of the license.

b. Annually determine that the individual has a license in advance of the employee working for the school term.

(c) The requirements under par. (b) shall be completed for all individuals defined as employees under s. 108.02 (12), Stats., who are directly or indirectly related to educational programming. For the purposes of this paragraph, an individual shall be determined to be directly or indirectly related to educational programming if any of the following apply:

Any compensation for the individual is included as an eligible education expense in a financial audit submitted under s. 115.7915, 118.60, or 119.23, Stats.
The individual interacts with pupils.
The individual performs financial, administrative, or academic duties for the school.

(d) A school may not employ any of the following individuals:

Individuals who have engaged in immoral conduct as defined under s. 115.31 (1) (c), Stats.
Individuals who are not eligible for a teaching license under s. 118.19 (4), Stats.

(11) Fidelity bond. A school shall have a fidelity bond indemnifying the school against loss resulting from dishonesty, malfeasance, or neglect by owners, officers, and employees.

(12) Employee education. A school shall ensure all teachers, administrators, and teacher aides meet the requirements of s. 119.23 (2) (a) 6. and (7) (b) 3., Stats., and s. PI 35.16, unless a teacher or administrator is exempt under s. 119.23 (2) (c), Stats.

(13) Management letter review. An auditor shall review the management letter required under s. 119.23 (7) (am) 2m. a., Stats., and determine whether a school has properly remediated any concerns raised by the auditor in the letter. If the auditor determines a concern has not been properly remediated by the school, the auditor shall include the following in the report:

(a) The concern that has not been properly remediated.

(b) The action the school has taken to remediate the concern.

(d) Recommendations for resolving the concern.

(14) Fiscal and internal control practices report. A school shall engage an auditor to submit a report to the department by December 15 attesting to the school’s compliance or non-compliance with the fiscal and internal control practices required in this section. The report shall meet all of the following requirements:

(a) The report shall be prepared in accordance with professional standards and identify the procedures agreed upon by the auditor and the department that were used in determining compliance or non-compliance. In making such a determination, the auditor shall not rely on oral or written representations of the school’s management or staff.

(b) If the auditor determines that the school has not complied with the fiscal and internal control practices in subs. (1) to (12), the report shall include a letter from the school describing the reasons for noncompliance and the corrective action the school is taking.

Note: The fiscal and internal control practices report may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (1) (intro.) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (2) (intro.), cr. (2) (a) 7., am. (2) (b) (intro.), (4) (a), renum. (4) (c) to (4) (c) (intro.) and am., cr. (4) (c) 1. to 3., r. (10), cr. (10m), am. (14) (b) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 35.14 First time participant financial requirements {#sec-pi-35.14 omnilex-key=us-wi-regs-official--agency-pi--PI 35.14}

(1g) Definitions. In this section:

(a) “Initial expected payment” means a school’s expected payment amount calculated as the total of the following:

The full-time equivalent for pupils participating in a program under ss. 118.60 and 119.23, Stats., multiplied by the per pupil payment amount determined under ss. 118.60 (4) and 119.23 (4), Stats. The full-time equivalent for the pupils in this subdivision shall be based on the available seats in each program under ss. 118.60 and 119.23, Stats., in a school’s notice of intent to participate filed under ss. PI 35.03 (3) and 48.03 (3) or the new private school participation information submitted under ss. PI 35.04 (2) and 48.04 (2).
The expected summer school payment for pupils participating in a program under ss. 118.60 and 119.23, Stats., based on the expected number of choice program pupils that will participate in summer school identified in the school’s notice of intent to participate filed under ss. PI 35.03 (3) and 48.03 (3) or the new private school participation information submitted under ss. PI 35.04 (2) and 48.04 (2).

(b) “Revised expected payment” means a school’s expected payment amount calculated as the total of the following:

The full-time equivalent for pupils participating in a program under ss. 118.60 and 119.23, Stats., multiplied by the per pupil payment amount determined under ss. 118.60 (4) and 119.23 (4), Stats. The full-time equivalent for the pupils in this subdivision shall be based on the pupils participating in a program under ss. 118.60 and 119.23, Stats., reported in the school’s pupil count report for the third Friday in September required under ss. PI 35.06 (8) and 48.06 (8).
The summer school payment based on the school’s summer school count report filed under ss. 118.60 (4) (a) and 119.23 (4) (a), Stats.

(1r) May 1 requirements. By May 1 of the school year immediately preceding the first school year in which a first time participant school intends to participate in the choice program, a first time participant shall participate in a fiscal management training program approved by the department and fulfill the requirements under sub. (3) or (4).

(3) Budget requirement. A school that selects the budget and cash flow report option shall submit to the department all of the following:

(a) A budget and cash flow report, on a form provided by the department, for the following school year that contains all of the following:

Anticipated enrollments for all pupils enrolled in the school.
Anticipated enrollments for choice program pupils.
Estimated total revenues and costs.
Estimated amounts required under s. PI 35.10 (3) (a).
A schedule of anticipated beginning and ending net assets.
A schedule of monthly cash flows.

6m. Anticipated beginning and ending reserve balance.

The contingent funding sources the school will use if actual enrollments are less than expected and evidence of the availability of the funding sources.
A statement of whether the school has any past due amounts, interest, or penalties due to the U.S. internal revenue service, the Wisconsin department of workforce development, or the Wisconsin department of revenue. An amount must be disclosed even if it is in dispute. If a school has past due amounts, interest, or penalties due to a government entity, the school shall do all of the following:

a. Disclose to the department the outstanding amount owed.

b. Submit to the department statements or other correspondence from the government entity stating the amount the government entity claims is due, the amount in dispute, and nature of the amount due.

(b) Examples of each type of written document used to satisfy the requirements under s. PI 35.13 (4) (a).

Note: A budget and cash flow report form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

(4) Bond Requirement. A school that selects the surety bond option shall annually submit a bond payable to the state of Wisconsin equal to 25 percent of the initial expected payment until the school meets all of the requirements in sub. (7).

(5) Revised bond. A school that submitted a bond under sub. (4) shall provide a revised bond if the difference between the initial expected payment and the revised expected payment is at least $50,000. The revised bond shall be equal to 25 percent of the revised expected payment. A school shall file the revised bond with the department by the first weekday in November.

(6) Bond call provisions. The department may call a bond submitted by a school under this section for any of the following reasons:

(a) The school failed to timely file a report required under s. 118.60 or 119.23, Stats., this chapter, or ch. PI 48.

(b) The school failed to timely refund the department any amount certified due from the school under ss. PI 35.07 (4) or PI 48.07 (4).

(c) The school failed to timely refund the department the reserve balance as prescribed under s. 118.60 or 119.23, Stats., this chapter, or ch. PI 48.

(d) The school failed to timely refund the department any other money owed to the department for any other reason under s. 118.60 or 119.23, Stats., this chapter, or ch. PI 48.

(7) Bond removal requirements. A school that selected the surety bond option the first school year it participated in the choice program must submit a bond by May 1 annually until all of the following apply:

(a) The school provides a standard financial audit prepared at the consolidated level as required by generally accepted accounting principles that meets all of the following requirements:

The financial statements are two-year comparative financial statements that include the audit of the full-year financial information for both school years.
The net asset balance for both school years is positive.
The net current obligation for both school years is positive.
The school meets one of the following requirements:

a. The change in net assets is positive for both school years.

b. The change in net assets for both school years is greater than or equal to negative $25,000, the net asset balance for both school years is greater than $50,000, and the net current obligation for both school years is greater than $50,000.

The school’s financial audit does not contain an emphasis of matter or an expression of the auditor’s doubt as to the school’s ability to continue as a going concern.

(b) The school’s fiscal and internal control practices report for the most recent school year included in the financial audit in par. (a) and the subsequent school year, and any other information available to the department, indicates that the school has complied with all of the following:

The school paid all amounts owed to the U.S. internal revenue service, Wisconsin department of revenue, and Wisconsin department of workforce development on a timely basis. This requirement shall not be considered met if the school had either of the following for the school years included in the financial audit in par. (a):

a. Any wage claims with the Wisconsin department of workforce development.

b. Any past due amounts, interest, and penalties with the U.S. internal revenue service, Wisconsin department of revenue, or Wisconsin department of workforce development.

The school has paid all vendors as required by ss. PI 35.13 (3) and 48.13 (3). An amount in dispute shall not be an indicator that the school does not meet the requirements to remove the bond if all of the following are true:

a. The school provided the department with written correspondence between the school and the vendor evidencing that the amount is in dispute.

b. The school has sufficient cash available to pay the amount in dispute.

c. The disputed amount is included in the financial audit as a current liability.

The school has paid all employees as required by ss. PI 35.13 (4) and 48.13 (4).

(8) Required audit balances and activity. An audit that only includes school-only balances and activity shall not be sufficient to meet the requirement in sub. (7) (a).

(9) Asset balance. The asset balance used for the determinations under sub. (7) (a) may only include pledge receivables or other receivables for which the school received cash payments within one year of the date pledged or within one year of the date the amount is included as a receivable.

(10) Revenue. The revenue used for the determinations under sub. (7) (a) may only include revenue for which the school receives cash payments within one year of the date pledged or within one year of the date the school includes the amount as revenue.

(11) Insurance and fidelity bond evidence. A first time participant shall file with the department a certificate of insurance or other evidence of having obtained the required insurance under s. PI 35.13 (7) and the fidelity bond under s. PI 35.13 (11). A first time participant shall file the information required under this subsection with the department by the first weekday in August if the school does not provide summer school under this chapter or ch. PI 48. A first time participant shall file the information required under this subsection with the department by the first weekday in May of the school year immediately preceding the first school year in which a first time participant intends to participate in the choice program if the school provides summer school under this chapter or ch. PI 48.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; CR 19-120: renum. (1) (intro.), (a) to (c) to (1r), (3) (a) to (c) and, as renumbered, am. (1r), cr. (1g), r. (2), cr. (3) (intro.), (a) 6m., (4) to (11) Register May 2020 No. 773, eff. 6-1-20; correction in (1g) (a) 1., (b) 1. made under s. 35.17, Stats., Register May 2020 No. 773.

Wis. Admin. Code § PI 35.15 Lack of financial viability and going concern determinations {#sec-pi-35.15 omnilex-key=us-wi-regs-official--agency-pi--PI 35.15}

(1) Indicators. Any of the following shall be indicators that a school does not have the ability to continue as a going concern or that the school does not meet the financial viability requirements under s. 119.23 (7) (am) 2m. b. or (7m) (c), Stats.:

(a) The budget and statement of cash flows required under s. PI 35.13 (2) or 35.14 (3) show the school has inadequate revenues and other financial resources to fund current operations, has negative cash flows, has a negative net asset balance, or has a net loss.

(b) The audit opinion statement included in the financial audit, or in a financial audit submitted under s. 115.7915, Stats., contains an emphasis of matter regarding the school’s ability to continue as a going concern.

(d) The school failed to be current with filings, payments, or withholdings payments required under s. PI 35.13 (6).

(e) The audit reports required under s. PI 35.13 (6) (f) contain questioned costs or compliance findings that may affect the school’s ability to continue.

(f) The school has a negative net asset balance in its financial audit or in a financial audit submitted under s. 115.7915, Stats.

(g) The school has a negative net current obligation in its financial audit, in a financial audit submitted under s. 115.7915, Stats., or in the budget and statement of cash flows required under s. PI 35.13 (2) or 35.14 (3). The net current obligation shall be calculated as the current assets less the current liabilities.

(h) The school has a net loss or negative change in net assets in its financial audit or in a financial audit submitted under s. 115.7915, Stats.

(2) Information to be submitted. A school shall submit to the department any information the department requires to determine the ability of the school to continue financially, including an audit of the school’s legal operating organization prepared in accordance with generally accepted accounting principles. The school shall provide the department authority to speak directly to the U.S. internal revenue service, the Wisconsin department of revenue, or the Wisconsin department of workforce development to determine the school’s compliance with the requirements under s. PI 35.13 (6).

(3) Notification of financial impairments. The school shall promptly notify the department in writing of impairments in the school’s ability to finance its operations.

(4) Notification of ceasing operations. A school participating in the choice program shall notify the department immediately of a decision to cease educational program operations.

(5) Training. Upon the request of the department, a school that has one or more of the indicators in sub. (1) shall attend a fiscal management training approved by the department.

(6) Financial viability review and surety bond requirement.

(a) The state superintendent shall review information submitted under s. 119.23, Stats., and this chapter and determine whether a school is financially viable.

(b) If the state superintendent determines that a school is not financially viable, the state superintendent may require a school to immediately obtain a surety bond. The surety bond shall be made payable to the state of Wisconsin. The purpose of the bond shall be to protect the department and the taxpayers of Wisconsin against loss in the event of any of the following:

The school fails to timely file the reports required under s. PI 35.07 (1) or s. 119.23 (7) (am) 2m. a., Stats.
The school fails to timely refund any amount certified due from the school under s. PI 35.07 (4).
The school fails to timely repay the reserve balance under s. PI 35.10.

(c) The amount of the bond required under par. (b) shall be equal to 25 percent of the total current school year payment amount as determined under s. 119.23 (4) and (4m), Stats.

(d) The bond shall remain in force until all of the following occur:

The school has a positive net asset balance for two consecutive school years, as indicated in the school’s financial audit. The net asset balance used for this determination may only include pledge receivables or other receivables for which the school receives cash payments within one year of the date pledged or within one year of the date the amount is included as a receivable.
The school has a positive net current obligation for two consecutive school years, as shown by the school’s financial audit. The net current obligation shall be calculated as the current assets less the current liabilities. The asset balance used for this determination may only include pledge receivables or other receivables for which the school received cash payments within one year of the date pledged or within one year of the date the amount is included as a receivable.
The school has net income for two consecutive school years, as indicated in the school’s financial audit. The net income used for this determination may only include revenue for which the school receives cash payments within one year of the date pledged or within one year of the date the school includes the amount as revenue.
The school pays all amounts owed to the U.S. internal revenue service, Wisconsin department of revenue, and Wisconsin department of workforce development on a timely basis for two consecutive school years, including full payment of any wage claims and past due amounts, interest, and penalties. The school shall submit to the department a letter from each of these entities indicating compliance with this requirement and provide the department the authority necessary to speak directly to these agencies to confirm compliance.
The school has paid all vendors and employees as required by s. PI 35.13 (3) and (4) for two consecutive school years.
The school’s financial audit does not contain an emphasis of matter or an expression of the auditor’s doubt as to the school’s ability to continue as a going concern for two consecutive school years.
If the school’s financial audit does not include all revenues, expenditures, assets, and liabilities of the legal operating organization of the school, the school shall submit to the department financial statements for the school’s legal operating organization prepared in accordance with generally accepted accounting principles that meet all of the following requirements:

a. The financial statements do not contain a qualified audit opinion or an expression of the auditor’s doubt as to the organization’s ability to continue as a going concern.

b. The financial statements are two-year comparative financial statements that include the audit of the full-year financial information for the school years in which the requirements in subds. 1. to 6. are satisfied.

c. The financial statements show that the legal operating organization of the school also meets the requirements under subds. 1. to 5.

(e) If the school is unable to complete the requirements in par. (d) within 5 years from the date the department initially requires a surety bond or if the school’s financial position worsens, the department may terminate the school from the choice program.

(f) Upon the request of the department, a school that is required to provide a surety bond under par. (b) shall do all of the following:

Attend fiscal management trainings.
Submit to the department budget and cash flow reports and turnaround plans as prescribed by the department.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (1) (intro.), (a), (2) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (1) (intro.), (a), (b), (f) to (h), (6) (b) (intro.), (c), (d) 4. to 6., (e) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 35.16 Administrator, teacher and teacher aide requirements {#sec-pi-35.16 omnilex-key=us-wi-regs-official--agency-pi--PI 35.16}

(1) Definitions. In this section:

(a) “Accredited institution of higher education” means an institution that is listed on the U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs.

(b) “Administrator” has the meaning given in s. 119.23 (1) (ae), Stats.

(d) “Teacher aide” means any individual assisting with educational programming who is not a teacher or volunteer.

(2) Administrator and teacher requirements. Except as provided under s. 119.23 (2) (c), Stats., all administrators and teachers at a school shall comply with the requirements under s. 119.23 (2) (a) 6., Stats., whether they are a paid employee, substitute, independent contractor, or uncompensated volunteer.

(3) Teacher aide requirements. All teacher aides at the school shall comply with the requirements under s. 119.23 (7) (b) 3., Stats., whether they are a compensated or uncompensated employee, substitute, or independent contractor.

(4) Foreign degree transcript evaluation. If an individual requires a bachelor’s degree under s. 119.23 (2) (a) 6., Stats., and has a degree or educational credential from a foreign institution, the individual shall have the degree or educational credential, transcripts, and pattern of training evaluated by one of the following professional evaluation services to determine if the degree or credential is equivalent to a bachelor’s degree from an accredited institution of higher education in the United States:

(a) Educational Credential Evaluators, Inc.

(b) Academic and Credential Records Evaluation and Verification Service.

(d) Any other organization members of the National Association of Credential Evaluation Services or the Association of International Credentials Evaluators.

(5) Required documentation. A school shall obtain and retain the following documentation to demonstrate that each administrator and teacher has the credentials required under s. 119.23 (2) (a) 6. a. and b., Stats.:

(a) A copy of the degree or diploma or an official transcript that states the month and year the degree was earned.

(b) If the administrator or teacher has a degree or educational credential from a foreign institution, the school shall obtain a copy of the evaluation report required under sub. (4) and ensure it indicates the individual has the equivalent of a bachelor’s degree or higher from an accredited institution of higher education in the United States.

(c) A copy of the license issued by the department and verification that the license is current from the department website.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (5) (intro.) made under s. 35.17, Stats., Register July 2016 No. 727.

Wis. Admin. Code § PI 35.17 Auditor fee {#sec-pi-35.17 omnilex-key=us-wi-regs-official--agency-pi--PI 35.17}

(1) The department shall annually determine the amount of the nonrefundable fee a school shall pay to the department under s. 119.23 (2) (a) 3., Stats. The department shall calculate the amount of the auditor fee by dividing the cost of the auditor position and unfunded prior year auditor costs, as determined by the department, by the number of schools that are required to submit the information under s. PI 35.06 (8).

(2) Except as provided under s. PI 35.04 (1) (e), a school shall pay the auditor fee with a cashier’s check or another guaranteed manner permitted by the department by January 10 of the year prior to the school year in which the school participates in the choice program.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; CR 19-120: am. Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 35.18 Income limit calculation {#sec-pi-35.18 omnilex-key=us-wi-regs-official--agency-pi--PI 35.18}

Annually by the first weekday in December, the state superintendent shall calculate the income and tuition limits for pupil participation in the choice program for the next school year as follows:

(1) Multiply the most recent federal poverty level available from the federal office of management and budget by 3.00 to determine the income limit for pupils participating in the choice program in the next school year.

(2) Multiply the most recent federal poverty level available from the federal office of management and budget by 2.20 to determine the income limit above which a school may charge tuition to choice pupils who are in grades 9 to 12.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; CR 19-120: am. (intro.) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 35.19 State aid payment calculation {#sec-pi-35.19 omnilex-key=us-wi-regs-official--agency-pi--PI 35.19}

The state superintendent shall make the payments under ss. 119.23 (4) and (4m), Stats., to schools participating in the choice program. The state superintendent may withhold payment from a school under ss. 119.23 (4) and (4m), Stats., if the school violates this chapter or s. 119.23, Stats. The state superintendent shall make the payments as follows:

(1) September payment. The state superintendent shall calculate the September payment as the full-time equivalent for the choice program pupils multiplied by the per pupil payment amount determined under s. 119.23 (4), Stats., multiplied by 25 percent. The full-time equivalent for the choice program pupils at the school shall be based on the report filed under s. PI 35.06 (7). The state superintendent may not make a September payment to a school that has ceased instruction prior to the payment date.

(2) November payment. The department shall calculate the November payment as the full-time equivalent for the choice program pupils multiplied by the per pupil payment amount determined under s. 119.23 (4), Stats., multiplied by 50 percent less the September payment received for the pupil. The full-time equivalent for the choice program pupils shall be based on the choice program pupils reported in the school’s pupil count report for the third Friday in September required under s. PI 35.06 (8), unless a pupil is determined ineligible by the department. The November payment shall include any payments due to the school for summer school instruction of choice program pupils in the immediately preceding summer as indicated in the report filed under s. 119.23 (4) (a), Stats., unless otherwise determined ineligible by the department. The department may not make a November payment to a school that has ceased instruction prior to the payment date.

(3) February payment. The department shall calculate the February payment as the full-time equivalent for the choice program pupils multiplied by the per pupil payment amount determined under s. 119.23 (4), Stats., multiplied by 25 percent. The full-time equivalent for the choice program pupils shall be based on the choice program pupils reported in the school’s pupil count report for the second Friday in January under s. PI 35.06 (8), unless a pupil is determined ineligible by the department. The department may not make a February payment to a school that has ceased instruction prior to the payment date.

(4) May payment. The department shall calculate the May payment as the full-time equivalent for the choice program pupils multiplied by the per pupil payment amount determined under s. 119.23 (4), Stats., multiplied by 25 percent. The full-time equivalent for the choice program pupils shall be based on the choice program pupils reported in the school’s pupil count report for the second Friday in January under s. PI 35.06 (8), unless a pupil is determined ineligible by the department. The department 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.

(5) Amount due to department. A school shall refund an amount due to the department under this chapter or s. 119.23, Stats., as follows:

(a) If the school is currently eligible to receive choice program payments, the department shall reduce the payments made under s. 119.23 (4) and (4m), Stats., by the amount owed. If reducing a payment made under s. 119.23 (4) and (4m), 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 choice program payments, the school shall refund the department within 60 days of the date of the notice to the school of the amount due.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (intro.) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-120: am. (1) to (4), cr. (5) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 35.20 Department authority {#sec-pi-35.20 omnilex-key=us-wi-regs-official--agency-pi--PI 35.20}

(1) Inquiries. Except as provided under s. 119.23, Stats., the department may make inquiries to ascertain the accuracy and completeness of information contained in audits or reports required under s. 119.23, Stats., or this chapter. Schools and auditors shall promptly respond to inquiries made by the department.

(2) Training. The department may provide training to school staff and auditors. The department may charge a reasonable fee for providing training under this subsection.

(3) Disqualified person. The department may disqualify a person under s. 119.23 (1) (ag), Stats., whether the individual is compensated or uncompensated.

(4) Pupil confidentiality. The department shall maintain pupil confidentiality at all times.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § PI 35.21 Request for a hearing on department action {#sec-pi-35.21 omnilex-key=us-wi-regs-official--agency-pi--PI 35.21}

(1) Who may request. A person or school adversely affected by an action of the department under this chapter or s. 119.23, Stats., may request a contested case hearing on that action. A request for a contested case hearing shall be filed with the office of legal services within 14 days of the date of the department’s action.

Note: See s. 227.42, Stats. A request for a contested case hearing may be filed with the office of legal services at the following address:

Office of Legal Services Wisconsin Department of Public Instruction 125 S. Webster St. PO Box 7841 Madison, WI 53707-7841

(2) Request form.

(a) A request for a contested case hearing under sub. (1) shall be in writing and shall describe all of the following:

The department action on which a hearing is requested.
The requester’s substantial interest claimed to be adversely affected.
How the department’s action adversely affected the requester’s substantial interest.
The grounds for the hearing request, including each of the specific material facts or legal issues that are in dispute. Any material fact or legal issue that is not disputed shall be deemed admitted.
The relief sought.

(b) Upon the request of the department, the person or school who filed a request for a hearing under sub. (1) shall provide the department with any additional clarifying information the department determines is necessary to decide whether to grant or deny a hearing request.

(3) Granting or denying request.

(a) The department shall grant or deny a request for a contested case hearing under sub. (1) within 20 days after a request is filed, unless the person or school requesting the hearing agrees to an extension of time. The department may grant a request for a contested case hearing if, upon preliminary review, it appears that all of the following apply:

The department has jurisdiction over the matter.
The request for a hearing complies with the requirements under subs. (1) and (2).
The requestor is entitled to a hearing under s. 227.42, Stats.

(b) Any action taken by the department which is contested under sub. (1) shall remain in effect until the state superintendent issues a final decision and order under s. 227.47, Stats.

(4) Transcript.

(a) Upon filing a written request with the department, any party in a contested case hearing may obtain a written transcript of the hearing. Except as provided in par. (b), the department shall charge the requesting party the actual cost to produce the transcript.

(b) The department may provide a written transcript free of charge to a requesting party if the requesting party demonstrates, to the department’s satisfaction, that the requesting party is indigent and has a legal need for the transcript.

History

CR 16-004: cr. Register July 2016 No. 727, eff. 8-1-16.

Chapter PI 36 PUBLIC SCHOOL INTER-DISTRICT OPEN ENROLLMENT

Subchapter I General Provisions

Wis. Admin. Code § PI 36.01 Authority and intent {#sec-pi-36.01 omnilex-key=us-wi-regs-official--agency-pi--PI 36.01}

(1) This chapter is adopted under ss. 227.11 (2) (a) (intro.) and 118.51, Stats., and interprets ss. 118.40 (8), 118.51, and 121.05 (1) (a), Stats.

(2) This chapter establishes procedures and requirements relating to applying for the full-time open enrollment program, including: timely notification to school boards, parents, and the department; accepting and rejecting applications; and filing and deciding appeals.

History

CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § PI 36.02 Definitions {#sec-pi-36.02 omnilex-key=us-wi-regs-official--agency-pi--PI 36.02}

In subchs. I to IV:

(1) “Alternative application” means an application submitted under the alternative application procedure.

(2) “Alternative application procedure” means the application procedure for the parent of a pupil who wishes to attend a public school in a nonresident school district during the current school year, as prescribed under s. 118.51 (3m), Stats.

(3) “Application” means a paper or Internet-based form developed by the department under s. 118.51 (15) (a), Stats., for the full-time open enrollment program.

(4) “Approved by the resident school board” means the application either was approved by the resident school board or was not denied by the resident school board.

(7) “Best interests of the pupil” means a pupil’s educational, physical, and emotional well-being, and includes family and other circumstances that affect the pupil’s educational, physical, or emotional well-being.

(8) “Charter school” means a school under contract with a school board under s. 118.40, Stats.

(9) “Child with a disability” has the meaning given in s. 115.76 (5), Stats.

(10) “Currently-attending pupil” means a pupil who is currently enrolled in a school district, and it includes an eighth grade pupil who is attending an underlying elementary school of a union high school district.

(11) “Department” means the Wisconsin department of public instruction.

(12) “Free, appropriate public education” means special education and related services that are provided at public expense and under public supervision and direction, meet the standards of the department, include an appropriate preschool, elementary, or secondary school education and are provided in conformity with an individualized education program.

(13) “Full-time open enrollment program” means the program under s. 118.51, Stats.

(14) “Guaranteed approval” means that a pupil is included by the nonresident school district in its count of occupied spaces and is therefore guaranteed approval to attend the nonresident school district.

(15) “Habitual truant” has the meaning given in s. 118.16 (1) (a), Stats.

(16) “Homeless pupil” means an individual who is included in the category of homeless children and youths, as defined in 42 USC 11434a (2).

(17) “IEP” means an individualized education program developed under s. 115.787, Stats.

(18) “Kindergarten” means 5-year-old kindergarten.

(19) “Nonresident school board” means the school board of the nonresident school district.

(20) “Nonresident school district” means a school district, other than a pupil’s resident school district, that the pupil is attending or has applied to attend under the full-time open enrollment program.

(21) “Open enrollment” means a pupil’s participation in the full-time open enrollment program.

(21m) “Open enrollment payment” means the amount calculated under s. 118.51 (16) (a) or (17) (b), Stats.

(22) “Parent” includes a guardian.

(23) “Parental notification date” means the date by which a pupil’s parent is required under s. 118.51 (3) (a) 6., Stats., to notify the nonresident school board whether the pupil will attend the nonresident school district.

(24) “Preference” means that an eligible pupil is considered by a nonresident school district for an available space before other pupils, but after pupils who are guaranteed approval.

(25) “Regular application period” means the time period in which applications may be submitted under s. 118.51 (3), Stats., for the following school year.

(26) “Regular application procedure” means the procedures provided under s. 118.51 (3), Stats.

(27) “Resident school board” means the school board of a resident school district.

(28) “Resident school district” means the school district in which a pupil resides.

(29) “School term” has the meaning given in s. 115.001 (12), Stats.

(30) “School year” has the meaning given in s. 115.001 (13), Stats.

(31) “Siblings” means children who share at least one parent by birth, marriage, or adoption.

(32) “Special education” means the special education, as defined in s. 115.76 (15), Stats., and any related services, as defined in s. 115.76 (14), Stats., that are required in the IEP for a child with a disability.

(34) “State superintendent” means the state superintendent of public instruction.

(35) “Truancy” has the meaning given in s. 118.16 (1) (c), Stats.

(36) “Truancy and attendance policy” means the policy required under s. 118.16 (4) (a), Stats.

(38) “Virtual charter school” has the meaning given in s. 115.001 (16), Stats.

History

CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14; CR 16-019: r. (5), (6), am. (14), cr. (21m), r. (33), (37) Register July 2016 No. 727, eff. 8-1-16; correction in numbering in (21m) made under s. 13.92 (4) (b) 1., Stats., Register July 2016 No. 727.

Wis. Admin. Code § PI 36.03 Applicability {#sec-pi-36.03 omnilex-key=us-wi-regs-official--agency-pi--PI 36.03}

(1) Except as provided under sub. (2), a pupil may attend a public school, including a charter school, in a nonresident school district under the full-time open enrollment program.

(2) A pupil may attend a prekindergarten, 4-year-old kindergarten, early childhood or school-operated day care program in a nonresident school district only if all of the following apply:

(a) The pupil’s resident school district offers the same type of program that the pupil wishes to attend, as determined by sub. (3).

(b) The pupil is eligible to attend that program in the pupil’s resident school district.

(3) The resident and nonresident school district programs are the same type of program if pupils in both the resident and nonresident school district programs can be included in the number of pupils enrolled under s. 121.004 (7) (c) 1. or (cm), Stats., regardless of whether the pupil is counted as one-half under s. 121.004 (7) (c) 1., Stats., or as .6 under s. 121.004 (7) (cm), Stats. For a preschool-aged pupil with a disability, the same type of program is the pupil’s special education.

(4) A pupil who has reached the age of 18 acting on the pupil’s own behalf may take any action a parent is authorized or required to take.

History

CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

Subchapter II School Board Policies and Designation of Spaces

Wis. Admin. Code § PI 36.04 Nonresident school board {#sec-pi-36.04 omnilex-key=us-wi-regs-official--agency-pi--PI 36.04}

(1) Designee. The nonresident school board may appoint a designee to act on applications for the full-time open enrollment program, subject to any policies and criteria adopted by the school board.

(2) Board policies.

(a) The nonresident school board shall adopt policies to administer the full-time open enrollment program, as required under s. 118.51 (4) (a), Stats. If the nonresident school board wishes to amend its policies under s. 118.51 (4) (b), Stats., it shall do so prior to the first day of the regular application period to which the policy will first apply.

(b) The policy shall include all of the provisions required in s. 118.51 (4) (a), Stats., and the following:

Which pupils, if any, will be guaranteed approval under sub. (3).
The method of random selection used to determine which applications will be approved when there are more applications than spaces. If the policy provides for the board to conduct a separate random selection for each grade, the board shall first randomize the order in which each grade is drawn.
If the nonresident school board establishes a waiting list under s. 118.51 (5) (d), Stats., the procedure required under sub. (5).
If required under sub. (6), a habitual truant policy.
A procedure to receive and date applications that are received during the regular application period.

(c) The policy shall establish criteria to determine the number of spaces available in each grade in the school district, as follows:

The board may establish criteria solely for the purpose of designating open enrollment spaces.
The criteria may consider the availability of space in the schools, programs, classes, or grades of the school district, but shall aggregate the number of spaces by grade for purposes of designating spaces at the January board meeting.
In aggregating the number of spaces by grade, the school board may combine grades. If the school board combines grades, the combined grades shall be treated as a single grade for purposes of guarantees, preferences and random selection.

(3) Guaranteed approval.

(a) The nonresident school board may guarantee approval of currently-attending pupils by including such pupils in the count of occupied spaces required under s. 118.51 (5) (a) 1., Stats. Any spaces designated by the nonresident school board under s. 118.51 (5) (a) 1., Stats., shall be in addition to these already occupied spaces.

(b) The nonresident school board may guarantee approval to siblings of currently-attending pupils by first assigning such pupils to the spaces designated under s. 118.51 (5) (a) 1., Stats. If there are more such pupils than spaces, the board shall approve any remaining applications from such pupils.

(c) If the policy authorizes, but does not require, the board to grant the guarantees described in par. (a), the board shall specify at the January board meeting whether it will exercise its authority to guarantee approval of applications for the next school year submitted by the following pupils:

Currently-attending pupils or currently-attending pupils and siblings of currently-attending pupils who apply during the following regular application period.
Currently-attending pupils or currently-attending pupils and siblings of currently-attending pupils who apply under the alternative application procedure.

(d) If the nonresident school board guarantees approval to currently-attending pupils, the nonresident school board shall guarantee approval to all currently-attending pupils unless the pupil is a child with a disability and the pupil’s special education or related services are not available in the nonresident district.

(e) If the nonresident school board guarantees approval to siblings of currently-attending pupils, the nonresident school board shall guarantee approval to all siblings of currently-attending pupils unless the sibling is a child with a disability and the sibling’s special education or related services are not available in the nonresident district.

(4) Preference.

(a) The nonresident school board shall grant preference to currently-attending pupils or currently-attending pupils and siblings of currently-attending pupils who are not guaranteed approval. If there are more pupils who are entitled to preference than there are designated available spaces, the nonresident school board shall fill the spaces by a random selection of pupils entitled to preference. A pupil who is a child with a disability shall be included in any random selection for the pupil’s grade, prior to consideration of the availability of and space in the special education required by the pupil’s IEP.

(b) If neither currently-attending pupils nor siblings of currently-attending pupils are guaranteed approval, both shall be granted equal preference to available spaces.

(c) If a pupil is selected in the random selection, and there is space available for that pupil, siblings of that pupil shall be granted preference to any spaces remaining in the sibling’s grade. A sibling may not be approved if there are no remaining seats in the sibling’s grade.

(5) Waiting list.

(a) If a nonresident school board creates a waiting list under s. 118.51 (5) (d), Stats., it shall do the following:

Establish a procedure to create a numbered waiting list of all applicants which complies with the nonresident school board’s approval and denial criteria under s. 118.51 (5) (a) and (b), Stats., the procedures required by s. 118.51 (3) (a) 2., Stats., and the school board’s policy.
Notify a pupil’s parents if the pupil has been accepted from the waiting list. The notification may be written or verbal. Any verbal notice shall be given directly to the parent who submitted the open enrollment application. The notification shall include all of the following:

a. The school or program to which the pupil will be assigned.

b. The date by which the parent must notify the nonresident school board whether the pupil will attend the nonresident school district and the procedures the parent must follow to do so.

Provide at least 10 calendar days from the date the notice was mailed or verbally provided for the parent to respond to the notification. If the parent does not respond within the specified time period, the nonresident school board may rescind approval and offer the space to the next pupil on the waiting list.

(b) The nonresident school board may establish waiting lists for regular education by school, program, class, or grade, or for special education programs and services, or both. If a pupil is on both the regular education and special education waiting lists, and the pupil’s name is reached on only one waiting list, the pupil shall remain in place at the top of that list until the pupil’s name is reached on the other list.

(6) Habitual truancy. A nonresident school board may not prohibit a pupil from attendance in the nonresident school district under s. 118.51 (11), Stats., unless the nonresident school board has adopted a policy that meets the following:

(a) Clearly defines “excused absences,” “unexcused absences,” “tardiness,” “part of a school day,” “truancy,” “habitual truancy,” and any other term or concept that will be used for the purposes of denying or terminating open enrollment.

(b) Is consistent with the school board’s truancy and attendance policy.

(c) Specifies the criteria that will be used to terminate open enrollment, including the number of unexcused absences that may result in termination of the pupil’s open enrollment.

(d) Provides a process a parent or pupil may follow if they believe the pupil was erroneously marked as truant.

(7) Alternative applications. A nonresident school board may not approve an alternative application submitted prior to the 3rd Friday in September if the board did not approve all applications for the pupil’s grade or special education service that were submitted in the regular application period for the same school year. A nonresident school board may not approve an alternative application submitted after the January school board meeting for a current school year if the board limited the number of spaces available in the pupil’s succeeding grade or special education service for applications submitted under the regular application procedure for the following school year.

History

CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14; EmR1832: emerg. am. eff. 12-14-18; CR 18-096: am. (7) Register May 2019 No. 761, eff. 6-1-19; CR 21-082: am (3) (d), (e), r. (3) (f) Register May 2022 No. 797, eff. 6-1-22.

Wis. Admin. Code § PI 36.05 Resident school board {#sec-pi-36.05 omnilex-key=us-wi-regs-official--agency-pi--PI 36.05}

The resident school board may appoint a designee to act on applications for the full-time open enrollment program, subject to the policies and criteria adopted by the school board.

History

CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

Subchapter III Full-time Open Enrollment

Wis. Admin. Code § PI 36.06 Application and notification procedures {#sec-pi-36.06 omnilex-key=us-wi-regs-official--agency-pi--PI 36.06}

(1) Submission.

(a) The parent of a pupil who wishes to attend a public school in a nonresident school district shall do one of the following:

Submit an application to the nonresident school board during the regular application period. In order to be considered by the nonresident school board, the application shall be received by the nonresident school district no earlier than the first day of the regular application period and no later than 4:00 p.m. on the last day of the regular application period.
Submit an application to the nonresident school board under the alternative application procedure. An alternative application may be submitted no earlier than July 1 and no later than the last day of the school term during which the pupil will first attend.

(b) The parent shall submit a separate application to the board of each nonresident school district to which the pupil is applying. The parent may submit applications, including alternative applications, to no more than 3 nonresident school boards for any pupil in any school year. The parent is prohibited from submitting more than one application for any pupil to the same nonresident school board for the same school year if the parent’s initial application has been denied. Pursuant to s. 118.51 (3) (a) 1d. and (3m) (a), Stats., applications to virtual charter schools do not count toward the three nonresident school board limit under this paragraph.

(c) The parent shall answer all applicable questions on the application completely and accurately. If the application submitted by the parent is incomplete, the nonresident or resident school board may request the missing information. Except as provided under s. PI 36.12, the nonresident school board may not request from the parent or the resident school board any information that is not required to be provided on the application form.

(2) Records.

(a) By the date specified in par. (b), the resident school board shall provide the records described in s. PI 36.12 (1) (a) or shall notify the nonresident school board if any of the following apply:

The pupil has not been found to be a child with a disability and the child has been neither referred to the resident school board under s. 115.777 (1), Stats., nor identified by the resident school board under s. 115.77 (1m) (a), Stats.
The pupil has not been expelled and does not have a pending disciplinary proceeding.
The pupil does not attend school in the resident school district named on the application and the resident school district does not have any records for the pupil.

(b) The notifications in par. (a) shall be made by the following dates:

The date specified in s. 118.51 (3) (a) 1m. and (8), Stats., for applications submitted during the regular application period.
Within 10 calendar days of receiving a copy of an application submitted under the alternative application procedure.

(c) If the pupil is not attending the resident school district named on the application, the nonresident school board may request, and the school or school district of attendance may provide, any of the records or information from a public school the pupil attends that would otherwise be provided by the resident school district if the pupil were attending the resident school district.

(3) Application.

(a) A nonresident or resident school board shall provide an application to a parent or pupil upon request.

(b) Except as provided in par. (d), the grade level on an application submitted during the regular application period shall be the grade immediately following the grade the pupil is enrolled in at the time of application and the grade level for an application submitted under the alternative application procedure shall be the pupil’s grade in the current school year. If the pupil is not enrolled in school at the time of application, the parent shall indicate the appropriate grade for the child’s age. Except as provided in par. (c), if the application is approved and, upon the pupil’s enrollment in school, the nonresident school board determines that the pupil should be placed in a different grade, the nonresident school board shall permit the pupil to attend the nonresident school district in the appropriate grade.

(c) If the nonresident school board approves an application that indicates a grade other than the grade specified in par. (b), the nonresident school board is not required to permit the pupil to attend the grade specified in par. (b) if any of the following apply:

The nonresident school board denied applicants for that grade.
The nonresident school district no longer has space in that grade.
The nonresident school board determines that the grade indicated on the application is not appropriate for the pupil.

(d)

A parent may request early admission to 4-year-old or 5-year-old kindergarten for a pupil who does not meet the age requirement under s. 118.14 (1), Stats. A nonresident school board may evaluate the pupil in accordance with its policy developed under s. 120.12 (25), Stats.
If the nonresident school board determines the pupil is eligible for early admission to 5-year-old kindergarten, the nonresident school board may approve the application and assign the pupil to 5-year-old kindergarten. If the nonresident school board refuses to evaluate the pupil or if the pupil is evaluated and found not eligible for early admission to 5-year-old kindergarten, the pupil may attend 4-year-old kindergarten in the nonresident school district only as provided under s. 118.51 (2), Stats.
If the nonresident school board determines that the pupil is eligible for early admission to 4-year-old kindergarten, the pupil may attend the nonresident school district for 4-year-old kindergarten only if the pupil is evaluated and found eligible for early admission by the pupil’s resident school board, in accordance with the resident school board’s policy under s. 120.12 (25), Stats.

(e) The application shall indicate the resident school district in which the pupil will reside on the 3rd Friday in September in the first school term in which the pupil first wishes to attend the nonresident school district. If the resident school district named on the application changes, the parent shall notify the nonresident school board.

(f) If the application is approved by the nonresident school board, the parent shall notify the nonresident school board, on or before the parental notification date, whether the pupil will attend school in the nonresident school district. If the parent does not notify the board by the parental notification date that the pupil will attend the nonresident school district, the nonresident school board may determine that the pupil may not attend the nonresident school district and, if applicable, it may offer the pupil’s space to the next pupil on the waiting list.

(4) Notices.

(a)

If the nonresident school board does not make timely notification as required in s. 118.51 (3) (a) 3., Stats., an application submitted under the regular application procedure shall be considered approved by the nonresident school board.
If the nonresident school board has not notified the parent on or before the 20th calendar day after an alternative application was submitted that the application is approved, the application shall be considered denied by the nonresident school board.

(b)

If the resident school board has not notified the parent on or before the date specified in s. 118.51 (3) (a) 4., Stats., that an application submitted during the regular application period has been denied, the application shall be considered approved.
If the resident school board has not notified the parent that an alternative application is denied on or before the 20th calendar day after the application was submitted, the application shall be considered approved by the resident school board.

(c) If an application is denied by a nonresident or resident school board, or a parent is notified that a pupil is required to return to the resident school district under s. 118.51 (11) or (12), Stats., the notice of denial shall include the following:

The reason for the denial.
Notice of the parent’s right to file an appeal with the state superintendent under s. 118.51 (9), Stats., within 30 calendar days of the date the notice of denial is postmarked or personally delivered to the parent, whichever occurs first. The notice shall also include the following:

a. The department’s address to which the appeal shall be sent.

b. Where the parent may obtain a form to file an appeal.

Note: PI 9418, Form for Filing an Open Enrollment Appeal, may be obtained free of charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI or by contacting the department at 888-245-2732 or openenrollment@dpi.wi.gov or from the department’s web site at https://dpi.wi.gov/open-enrollment/appeals.

c. Any other information specified by the department.

If the application was denied by the nonresident school board because space is not available in regular or special education, the pupil’s number on any waiting list, if applicable.

(d) If the nonresident school board has adopted a policy requiring reapplication under s. 118.51 (3) (c) 1., Stats., the board shall notify the parent of the reapplication requirement prior to the beginning of the regular application period in which the pupil is required to reapply.

(5) Nonresident school board.

(a) At the January board meeting, the nonresident school board shall designate the number of regular education spaces, by grade, and the number of special education spaces, by program or services, in the district using the criteria specified in its policy under s. PI 36.04 (2).

(b) The nonresident school board may not, on or after the first Monday in February, reduce the number of spaces designated under par. (a).

(c) Prior to the date specified in s. 118.51 (3) (a) 3., Stats., the nonresident school board may not approve more applications submitted during the regular application period than the number of spaces it designated under par. (a), except that a nonresident school board may approve additional applications for pupils who are guaranteed approval.

(d) After the date specified in s. 118.51 (3) (a) 3., Stats., the nonresident school board may approve applications it had initially denied if any of the following cause spaces to become available:

A parent notifies the nonresident school board that the pupil will not attend the nonresident school district.
A parent fails to provide the notification required in s. 118.51 (3) (a) 6., Stats.
The school board determines that additional spaces have become available since its determination at the January board meeting.

(e) Applications approved under par. (d) shall be approved as follows:

The nonresident school board shall first approve pupils from the waiting list.
Subject to s. PI 36.04 (7), if the nonresident school board has offered spaces to all pupils on the waiting list, the nonresident school board may approve alternative applications.

(f) The nonresident school board shall deny any application received after 4:00 p.m. on the last day of the regular application period.

(6) Resident school board. A resident school board may not act on any application submitted to the nonresident school board pursuant to the nonresident school board’s requirement to reapply under s. 118.51 (3) (c) 1., Stats.

History

CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; correction in (2) (a) (intro.) made under s. 35.17, Stats., Register August 2014 No. 704; CR 16-019: am. (4) (b) 2., r. (4) (b) 3., 4., am. (4) (c) (intro.), r. (4) (c) 4. Register July 2016 No. 727, eff. 8-1-16; CR 21-082: am. (1) (b) Register May 2022 No. 797, eff. 6-1-22; correction in (1) (b) made under s. 35.17, Stats., Register May 2022 No. 797.

Wis. Admin. Code § PI 36.07 Alternative application procedures {#sec-pi-36.07 omnilex-key=us-wi-regs-official--agency-pi--PI 36.07}

The following additional provisions apply to applications submitted under the alternative application procedure:

(1) Application. A pupil is a victim of a violent criminal offense under s. 118.51 (3m) (b) 1., Stats., if the resident school board determines that the pupil has been a victim of a violent criminal offense, as defined in ch. PI 23.03, under either of the following circumstances and reports the incident to the appropriate law enforcement agency and to the building principal:

(a) The pupil has been a victim of a violent criminal offense while on the school grounds of the school that the pupil attends during school hours, or during a school-sponsored event at the school the pupil attends that does not occur during school hours.

(b) The pupil has been a victim of a violent criminal offense while being transported to school for the purposes of attending curricular programs during school hours, or from school to home immediately following school hours on a school bus owned, leased, or contracted by the school district or by a motor vehicle operated as an alternative method of transportation under s. 121.555, Stats.

(2) Pupil attendance.

(a) If the application is approved by the nonresident school board, the pupil may attend the nonresident school district on or before the date specified in s. 118.51 (3m) (e), Stats., or a date agreed to by the pupil’s parent and the nonresident school board. If the pupil has not attended the nonresident school district on or before the date specified in this paragraph, the board may notify the parent, in writing, that the pupil is no longer authorized to attend school in the nonresident school district.

(b) A pupil may begin attending the nonresident school district under par. (a) if the resident school board has either approved the application or not acted upon the application. If the resident school board denies the application, the pupil may not attend the nonresident school district or shall cease attending the nonresident school district.

(c) Notwithstanding par. (b), if the parent intends to file an appeal of the resident school board’s denial under s. 118.51 (3m) (b) 8. or (d), Stats., the pupil may attend the nonresident school district pending the outcome of the appeal. If the parent fails to file a timely appeal or if the department affirms the resident school board’s decision, the pupil shall cease attending the nonresident school district.

(3) Resident school board.

(a) The resident school board may not deny an application based on the criteria specified in s. 118.51 (3m) (b) 3. or 8., Stats., because the parent did not provide an explanation or did not provide enough information for the board to consider the application, unless the board has offered the parent an opportunity to provide additional information.

(b) Except as provided under s. 118.51 (3m) (d), Stats., a resident school board may not deny a pupil’s application under s. 118.51 (3m) (b) 8. or (d), Stats., if the pupil meets at least one of the criteria specified in s. 118.51 (3m) (b), Stats.

History

CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; correction in (3) (b) made under s. 35.17, Stats., Register August 2014 No. 704; CR 16-019: am. (2) (c), r. (2) (d), am. (3) (b) Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § PI 36.08 Administrative and aid transfer procedures {#sec-pi-36.08 omnilex-key=us-wi-regs-official--agency-pi--PI 36.08}

(1) Pupils enrolled. In calculating the count of pupils enrolled under s. 121.004 (7), Stats., for pupils in kindergarten and 4-year-old kindergarten, the count shall be based on the program the pupil attends in the nonresident school district.

(2) Change of address.

(a) The parent of a pupil enrolled in a nonresident school district shall notify the nonresident school board of any change of address. The nonresident school board shall notify the resident school board of the pupil’s new address.

(b) If the pupil moves to a Wisconsin school district other than the nonresident school district, the pupil may continue open enrollment without reapplication, except as provided in s. 118.51 (3) (c), Stats.

(c)

If the pupil was attending the nonresident school district under open enrollment on the 3rd Friday in September, the school district in which the pupil resided on the 3rd Friday in September in any school year shall be the resident school district for purposes of the full-time open enrollment program and shall be responsible for the open enrollment payment for the pupil for the remainder of that school year.
If the pupil first attended a nonresident school after the 3rd Friday in September, the school district in which the pupil resided when the pupil began attending the nonresident school district shall be the resident school district for purposes of the full-time open enrollment program and shall be responsible for the open enrollment payment for the pupil for the remainder of that school year.

(3) Calculation of open enrollment payment.

(a) The open enrollment payments under s. 118.51 (16) and (17) (b) and (bm), Stats., apply to each pupil who attends a nonresident school district under the full-time open enrollment program.

(b) If the pupil attended the nonresident school district for less than a full school year under the full-time open enrollment program, the amount under s. 118.51 (16) or (17) (b) and (bm), Stats., shall be equal to the open enrollment payment divided by 180 and multiplied by the number of days the pupil was enrolled in the nonresident school district in the school year. The days of enrollment are calculated as follows:

The number of days, not to exceed 180, school was in session from the first day of the school term to the last day the pupil attended the nonresident school district under open enrollment, inclusive of both the first and last days, if one of the following applies:

a. The pupil was in attendance in the nonresident school district on the 3rd Friday in September.

b. The pupil was in attendance in the nonresident school district at least one day before and one day after the 3rd Friday in September.

If the pupil’s first day of attendance was after the 3rd Friday in September, the number of days, not to exceed 180, the pupil was enrolled in the nonresident school district from the first day of the pupil’s attendance to the last day the pupil attended the nonresident school district under the open enrollment program, inclusive of both the first and last days.

(c) If, during the school term, the pupil’s IEP team determines that a pupil no longer requires special education services, the nonresident district shall notify the resident district. The open enrollment payment for the pupil shall be calculated as the sum of the following:

The amount under s. 118.51 (17) (b) or (bm), Stats., divided by 180 and multiplied by the number of days the pupil was receiving special education services in the nonresident district.
The amount under s. 118.51 (16), Stats., divided by 180 and multiplied by the number of days the pupil was not receiving special education services in the nonresident district.

(3m) Nonresident school district financial statement of actual cost — special education or related services.

(a) Starting the first weekday in August and no later than the last weekday in September, the nonresident school board may submit to the department, in the online open enrollment system or other manner provided by the department, a financial statement under s. 118.51 (12) (a), Stats., that shows the actual cost the nonresident school board incurred to provide a free appropriate public education to the child during the prior school year up to $30,000. The statement of actual costs shall calculate the actual cost for the child as the cost for the child under par. (b) less any costs reimbursed under s. 115.88, 115.93 or 118.255, Stats., 20 USC 1400 et. seq, or federal medicaid.

(b) The financial statement of actual cost may only include actual costs that would not otherwise exist for the nonresident school district but for the need to provide a free appropriate public education to the child during the prior school year.

(c) No later than the 2nd Monday in October, the nonresident school board may withdraw a financial statement of actual cost submitted under par. (a).

(d) Only the nonresident school board that submitted the financial statement of actual cost under par. (a) may receive the per pupil payment based on the actual cost in the statement under s. 118.51 (12) (a), Stats.

(e) A nonresident school board that submits and does not withdraw a financial statement of actual cost will not receive the transfer amount under s. 118.51 (17) (b) 2., Stats., for a student with a disability. A nonresident school board may either receive the per pupil transfer amount under the indexing method under s. 118.51 (17) (b) 2. c., Stats., or the transfer amount under s. 118.51 (17) (b) 3., Stats.

(4) Maintenance of records. The nonresident school board shall maintain all completed applications for 3 years or until the pupil is no longer enrolled in the nonresident school district, whichever is later.

History

CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; CR 16-019: am. (2) (c) 1., 2., r. (2) (d), renum. (3) (a) 1. to (3) (a) and am., r. (3) (a) 2., am. (3) (b) (intro.), cr. (3) (c) Register July 2016 No. 727, eff. 8-1-16; CR 19-081: am. (3) (a), (b) (intro.), (c) 1., cr. (3m) Register December 2019 No. 768, eff. 1-1-20; correction in (3m) (c) made under s. 35.17, Stats., Register December 2019 No. 768.

Wis. Admin. Code § PI 36.09 Termination of open enrollment {#sec-pi-36.09 omnilex-key=us-wi-regs-official--agency-pi--PI 36.09}

(1) Expulsion. If a pupil is expelled by the nonresident school board, the nonresident school board may terminate the pupil’s open enrollment. If the nonresident school board does not terminate the expelled pupil’s open enrollment, the following provisions apply:

(a) If the pupil is a child with a disability, the nonresident school board shall provide services in accordance with 34 CFR 300.530 (d).

(b) The nonresident school board may assign the pupil to an alternative school in the school district.

(2) Habitual truancy.

(a) Before a nonresident school board may prohibit a pupil’s attendance in a succeeding semester or school year under s. 118.51 (11), Stats., the nonresident school board shall do all of the following:

Provide the following notifications to the parent and the pupil when the pupil enrolls in the nonresident school district:

a. The school board’s truancy and attendance policy.

b. The open enrollment consequences of habitual truancy.

c. A clear explanation of what constitutes truancy, including what constitutes “part of a school day.”

d. A description of the notifications, including the manner of delivery, a parent will receive when a pupil is absent, is truant, or is habitually truant. Each notification shall inform the parent that the pupil’s open enrollment may be terminated if the pupil is habitually truant.

e. How and where the parent can view the pupil’s attendance record.

Each notification provided under s. 118.16 (2), Stats., shall notify the parent or pupil of the consequences of habitual truancy on open enrollment.
Provide the parent and pupil with a list of all unexcused absences and truancies that resulted in the board’s proposed action to prohibit the pupil’s attendance in a succeeding semester or school year.
Allow the parent or pupil to explain why an absence was incorrectly marked as truancy, using the process described in the board’s policy under s. PI 36.04 (6) (d).

(b) The state superintendent may not overturn a school board’s decision to terminate open enrollment under this subsection based solely on the school board’s failure to meet all of the requirements in par. (a), if the school board provides sufficient evidence of all of the following:

That the parent or pupil knew or should have known the pupil’s open enrollment could be terminated for habitual truancy.
The pupil had at least one notice and opportunity to correct the truant behavior before being found to be habitually truant or before terminating the open enrollment.

(3) Failure to participate. If a nonresident school board returns a pupil to the pupil’s resident school district under s. 118.40 (8) (g), Stats., the open enrollment is terminated on the last day of attendance in the virtual charter school.

(4) Other circumstances. A pupil’s open enrollment is terminated when:

(a) The pupil withdraws from the nonresident school district.

(b) The pupil moves into the nonresident school district.

(c) The pupil enrolls in and attends any other public school, private school, or home-based private educational program in or out of this state.

(d) The pupil ceases to be a resident of this state.

(e) The pupil was not in attendance on or before the 3rd Friday in September, unless the pupil’s first day of attendance after approval of an alternative application was after the third Friday in September.

(f) If, after a pupil’s application under the alternative application process has been approved by a nonresident school board, the pupil has not attended the nonresident school district on or before the 15th calendar day following the notice of approval. This paragraph does not apply if the nonresident school board has approved a later start date.

(g) The pupil has been returned to the resident school district under s. 118.51 (12), Stats.

(5) Responsibility for school attendance enforcement after termination. Upon the termination of a pupil’s open enrollment, the responsibility for school attendance enforcement under s. 118.16, Stats., returns to the resident school district.

History

CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; CR 21-082: cr. (5) Register May 2022 No. 797, eff. 6-1-22; CR 26-006: am. (2) (a) 4. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 36.10 Special education {#sec-pi-36.10 omnilex-key=us-wi-regs-official--agency-pi--PI 36.10}

(2) Not current or missing IEP.

(a)

If an application is submitted by a child with a disability who does not have a current IEP, the nonresident school board shall use the following records to determine whether it has the special education program or space:

a. The most recent IEP that was developed for the pupil.

b. If the pupil does not have an IEP or an IEP cannot be located, the most recent special education evaluation conducted for the pupil.

If neither an IEP nor an evaluation is available to review, the nonresident school board shall treat the application as an application from a child who is not disabled.

(b) If a nonresident school board approves an application for a pupil without an IEP and it subsequently determines that the pupil is a child with a disability who has been previously evaluated under the special education laws and for whom there is a record of either such special education evaluation or a prior IEP based on such evaluation, the board shall review the pupil’s most recent IEP or, if no IEP is available for the pupil, the most recent evaluation. The board shall also do one of the following:

Adopt the IEP or provide comparable services until the nonresident school district develops and implements a new IEP. If no IEP is available to review, the board may make a determination based on the special education presumed by the nonresident school board to be required in the most recent special education evaluation of the pupil.
Determine that the special education required in the most recent IEP is not available in the nonresident school district or there is no space to provide the special education. If no IEP is available to review, the board may make a determination based on the special education presumed by the nonresident school board to be required in the most recent special education evaluation of the pupil. If the nonresident school board makes such a determination, the nonresident school board may return the pupil to the resident school district pursuant to s. 118.51 (12), Stats.

(3) Children who are not yet three.

(a)

A child who is not yet 3 years old may submit an application during the regular application period if all of the following apply:

a. The child will be 3 years old on or before the 3rd Friday in September.

b. The child has been found to be eligible for the early intervention program for infants and toddlers with disabilities under 34 CFR 303, or has been referred for a special education evaluation under s. 115.777 (1), Stats.

A child who will not be 3 years old on or before the 3rd Friday in September may submit an application under the alternative application procedure when the child reaches the age of 3, has been evaluated under s. 115.78, Stats., and has been found eligible for special education.

(b) A nonresident school board that receives an application from a child who meets the criteria in par. (a) 1. may do one of the following:

Approve the application.
Deny the application. If the child is subsequently evaluated under s. 115.78, Stats., and found eligible for special education under subch. V of ch. 115, Stats., the board may review the IEP and approve the application.

(5) Requirement to return to resident school district. If notice is provided under s. 118.51 (12), Stats., the pupil shall be immediately transferred to the resident school district, which shall provide special education to the pupil. If the nonresident and resident school boards agree, they may set a date in the future to transfer the pupil to the resident school district. The nonresident school board shall provide special education to the pupil until the pupil is transferred to the resident school district.

History

CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; CR 16-019: r. (1), am. (2) (a) 1. (intro.), 2., r. (4) Register July 2016 No. 727, eff. 8-1-16; correction in (2) (b) 2., (5) made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727.

Wis. Admin. Code § PI 36.11 Virtual charter schools {#sec-pi-36.11 omnilex-key=us-wi-regs-official--agency-pi--PI 36.11}

(1) Location of school attendance.

(a) Except as provided in par. (b), attendance within a school district means the pupil physically attends a school or program located within the physical boundaries of the nonresident school district.

(b) A pupil attending a virtual charter school is considered to be attending a school located within the nonresident school district as specified in s. 118.40 (8) (a), Stats., regardless of the physical location of any component of the virtual charter school or of the pupil.

(c) A pupil participating in an online course or program that is not offered through a virtual charter school is not considered to be attending a school located within the nonresident school district, unless the pupil is in physical attendance as described in par. (a).

(2) Identification of virtual charter schools and open enrollment payments.

(a) Prior to enrolling any pupils through the full-time open enrollment program, each virtual charter school shall submit the following to the department:

The contract between the school board and the virtual charter school that identifies the charter school as a virtual charter school.
Assurance that the virtual charter school meets all of the requirements of s. 118.40 (8), Stats.

(b) The department may not transfer any state aids under s. 118.51 (16) (b), Stats., until the information required in par. (a) has been provided and the department has determined that the charter school is a virtual charter school that meets the requirements of s. 118.40 (8), Stats. The department, as it determines is appropriate, may require additional information or assurances or it may conduct an audit to ensure that open enrollment payments are properly made.

History

CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § PI 36.12 Confidentiality of pupil records {#sec-pi-36.12 omnilex-key=us-wi-regs-official--agency-pi--PI 36.12}

(1) During the application process.

(a) The following pupil records shall be provided to the nonresident school board by the resident school board during the application process.

The most recent IEP.
The most recent special education evaluation, if an IEP is not available.
Information that the pupil has been referred to the pupil’s resident school board under s. 115.777 (1), Stats., or identified by his or her resident school board under s. 115.77 (1m) (a), Stats.
Any expulsion findings and orders pertaining to the pupil, records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.

(c) In considering an alternative application, the nonresident school board may not request and a public school board may not provide any pupil records from any public school district or private school without written consent from the pupil’s parent, except records described in par. (a). The nonresident school board may not deny an alternative application based on a parent’s refusal to consent to release of additional records.

(2) While the pupil is attending the nonresident school district.

(b) Except as specified in par. (c), the nonresident school board may not provide any pupil records to the resident school board, including but not limited to the following:

Any part of an IEP developed or revised for the pupil while the pupil is attending the nonresident school district.
Updated evaluation reports.
Discipline records.
Attendance records.
Report cards.
IEP progress reports.

(c) The nonresident school board may provide pupil records to the resident school board if the pupil’s parent provides written consent.

History

CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; CR 16-019: r. (1) (b), (2) (a), am. (2) (b) Register July 2016 No. 727, eff. 8-1-16; CR 26-006: am. (1) (a) 3. Register July 2026 No. 847, eff. 8-1-26.

Subchapter IV Transportation and Appeals

Wis. Admin. Code § PI 36.13 Transportation {#sec-pi-36.13 omnilex-key=us-wi-regs-official--agency-pi--PI 36.13}

(1) In this section, “maximum reimbursement per pupil” means 3 times the statewide average per pupil transportation cost.

(2)

(a) The parent of a pupil who is eligible for a free or reduced-price meal under 42 USC 1758 (b) may apply for reimbursement of costs incurred by the parent for transportation of the pupil to and from the pupil’s residence and the school the pupil will be attending. The parent shall file a claim with the department by July 15 following the school year in which the transportation was provided. The amount of reimbursement shall be calculated as follows:

Multiply the maximum reimbursement per pupil by the number of pupils transported.
Determine the sum of transportation costs for each mode of transportation as follows:

a. When a family vehicle is used, the mileage cost is equal to the number of miles in a round trip from home to school times the number of round trips made per day times the total number of days transportation was provided times the mileage rate specified in s. 20.916 (4) (e), Stats. The mileage cost may be calculated separately for each pupil who is transported separately, but may not be calculated separately for pupils who are transported at the same time.

b. When public transportation is used, the actual cost is equal to the number of daily, weekly, or monthly bus passes purchased for the sole use of transporting the pupil to and from school times the cost of the daily, weekly, or monthly bus pass. The cost of public transportation is calculated per pupil transported.

c. When another mode of transportation is used, the parent shall submit a receipt for payments made to a private transit company, a taxi, or to a school board for transportation provided pursuant to s. 121.545, Stats.

The amount of eligible reimbursement is equal to the lesser of the amounts in subd. 1. or 2.
If the sum of eligible reimbursement for all parents who submit a claim is less than the amount appropriated, the payments shall be prorated among the parents eligible for reimbursement.

(b)

For the purposes of this paragraph, “alternative site” means a location other than the pupil’s residence including the following:

a. A day care provider.

b. The home of a relative or friend.

c. A location outside the boundaries of the pupil’s resident school district from which the pupil is then transported to school by the nonresident school district.

Reimbursement may be made for transportation to or from alternative sites, as long as the amount of reimbursement based on transportation to or from alternative sites does not exceed the amount of reimbursement from home to school. No reimbursement may be made for any portion of transportation that is provided without charge to the parent by either the resident or nonresident school district.

(3) The parent shall provide, by July 15, one of the following as evidence of eligibility for reimbursement:

(a) Verification that the school district the pupil attends has determined the pupil is eligible for free or reduced prices meals under 42 USC 1758 (b).

(b) Income information for all household members. The parent shall provide verification of income at the department’s request.

(4) Claims submitted after July 15 will not be paid.

History

CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14; CR 21-082: am. (4) Register May 2022 No. 797, eff. 6-1-22.

Wis. Admin. Code § PI 36.14 Appeals {#sec-pi-36.14 omnilex-key=us-wi-regs-official--agency-pi--PI 36.14}

(1) Receipt and filing of appeals.

(a) The parent of a pupil whose application for open enrollment has been denied by a school board may file an appeal of the decision with the state superintendent.

(b) The appeal shall be filed within 30 calendar days after the decision is delivered to the parent or postmarked, whichever occurs first.

(d) The appeal shall specify what decision is being appealed and explain why the appellant believes that the decision was arbitrary or unreasonable.

(e) The state superintendent may reject an appeal if the appellant bases the appeal on factors unrelated to the school board’s reason for denying the application. The state superintendent may require the appellant to provide additional explanation.

(2) Record of the decision. Upon receipt of a written appeal filed under sub. (1), the state superintendent shall acknowledge receipt of the appeal in writing to the appellant and to the resident and nonresident school boards. Upon receipt of the notice of appeal from the state superintendent, the respondent shall deliver to the state superintendent the record of the school board’s decision. The respondent shall provide any information requested by the state superintendent.

(3) Evidence and argument. Each party shall be provided an opportunity to submit written evidence and argument into the record. Each party shall be provided at least one opportunity to respond to evidence and argument submitted by the other party.

(4) Procedures. The state superintendent may use any or all of the following procedures which the state superintendent determines to be appropriate in the appeal process:

(a) Provide technical assistance and information and attempt to resolve the matter informally.

(b) Conduct an investigation. If the state superintendent decides to conduct an investigation, the investigation may include an on-site review or any other activity which the state superintendent deems appropriate.

(c) Issue a decision based on a review of the record of the school board, argument from the parties, and any other matter the state superintendent deems appropriate.

(5) Decision.

(a) The decision of the state superintendent shall be in writing stating separate findings of fact and conclusions of law. Decisions shall be served on all parties by mailing a copy to each party’s last known address.

(b)

The state superintendent shall affirm the school board’s decision unless the state superintendent finds that the decision was arbitrary or unreasonable. Except as provided in subd. 2., the appellant must show by a preponderance of the evidence that the respondent’s decision was arbitrary or unreasonable.
If the resident school board denied an application submitted under the alternative application procedure based on the best interests of the pupil, the resident school board must show by a preponderance of the evidence that the requested transfer is not in the pupil’s best interest.
Only reasons specified in the written notice may be defended in an appeal filed under s. 118.51 (9), Stats., and this section.
The state superintendent may not overturn a school board’s decision for failure to include the information required in s. PI 36.06 (4) (c) 2. and 3. in the notice of denial.

History

CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14; correction in (1) (c) made under s. 35.17, Stats., and correction in (5) (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727.

Subchapter V Part-Time Open Enrollment

Wis. Admin. Code § PI 36.15 Definitions {#sec-pi-36.15 omnilex-key=us-wi-regs-official--agency-pi--PI 36.15}

In this subchapter:

(1) “Application” means a paper or Internet-based form developed by the department under s. 118.52 (3) (a), Stats., for the part-time open enrollment program.

(2) “Nonresident school board” means the school board of the nonresident school district.

(3) “Nonresident school district” means a school district, other than a pupil’s resident school district, that the pupil is attending or has applied to attend under the part-time open enrollment program.

(4) “Parent” includes a guardian.

(5) “Resident school board” means the school board of the resident school district.

(6) “Resident school district” means the school district in which the pupil resides, unless the pupil attends school in a school district pursuant to a whole grade sharing agreement under s. 118.50, Stats., tuition waiver under s. 121.84 (4), Stats., or full-time open enrollment under s. 118.51, Stats., in which case the resident school district is the pupil’s district of attendance.

(7) “Transportation reimbursement form” means an Internet-based form developed by the department under s. 118.52 (11), Stats., for reimbursement for the cost of transporting a pupil to and from a part-time open enrollment course.

History

CR 18-048: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § PI 36.16 Location of school attendance {#sec-pi-36.16 omnilex-key=us-wi-regs-official--agency-pi--PI 36.16}

In this subchapter:

(1) Except as provided in sub. (2), attendance within a school district means the pupil physically attends a course located within the physical boundaries of the nonresident school district.

(2) A pupil attending a course in a virtual charter school is considered to be attending a course located within the nonresident school district as specified in s. 118.40 (8) (a), Stats., regardless of the physical location of any component of the virtual charter school or of the pupil.

(3) A pupil participating in an online course or program that is not offered through a virtual charter school is not considered to be attending a course located within the nonresident school district, unless the pupil is in physical attendance as described in sub. (1).

History

CR 18-048: cr. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § PI 36.17 Application and notification procedures {#sec-pi-36.17 omnilex-key=us-wi-regs-official--agency-pi--PI 36.17}

(1) Application.

(a) Each school board shall establish a starting date for each course for purposes of s. 118.52, Stats., and each school board shall provide the course starting date and the deadline date to apply for the course to a parent or pupil upon request.

(b) Each school board shall provide an application to a parent or pupil upon request.

(c) The parent of a pupil who wishes to attend a public school under the part-time open enrollment program shall submit an application to the nonresident school board not later than 6 weeks prior to the course starting date. An application shall be considered timely only if actually received by the nonresident school district before the nonresident school district’s official close of business on the deadline date to apply for the course.

(d) A separate application shall be submitted for each pupil applying, and a separate application shall be submitted to the school board of each nonresident school district to which a pupil is applying. Any application containing false or misleading information may be denied at any time, including after the pupil’s participation in part-time open enrollment has commenced.

(e) The application shall include written permission from the parent of the pupil if the pupil is a minor, or from the pupil if the pupil is an adult, to provide the nonresident school board those pupil records from the resident school board that are necessary to determine whether the pupil meets entrance criteria for the course.

(f) Upon receiving a complete application, the nonresident school board shall send a copy of the application to the resident school district within 3 working days. The nonresident school board may request any pupil records from the resident school board necessary to determine whether the pupil meets entrance criteria for the course.

(g) If an application is accepted by the nonresident school board and the resident school board, the parent shall provide notice in writing to the resident school board and the nonresident school board of the pupil’s intent to attend the course in the nonresident school district. This notice shall be considered timely only if actually received by each school district office no later than the last weekday preceding the course starting date, excluding state holidays.

(2) Review by nonresident school district.

(a) If the nonresident school board receives more applications for a course than there are spaces available in the course, the nonresident school board shall determine which pupils to accept on a random basis, using a method approved by the school board.

(b) If the nonresident school board adopts a policy to give preference in attendance at a course to pupils who reside in the school district pursuant to ss. 118.52 (5), Stats., the policy must require resident applicants who apply to take courses under ss. 118.145 (4) and 118.53, Stats., to apply for the course by a final deadline of no earlier than 6 weeks nor later than 1 week before the course starting date in order to receive such preference ahead of an applicant for the course under s. 118.52, Stats. This paragraph does not prohibit a school board from approving applications for a course that are received under s. 118.145 (4) or 118.53, Stats., after such final deadline, provided that the school board did not deny any applications for the same course that were submitted under s. 118.52, Stats., due to lack of available space.

(c) The nonresident school board shall provide notice of the nonresident school board’s decision as required under s. 118.52 (3) (c), Stats., to the parent no later than one week prior to the course starting date. This notice is timely if received by the parent before the date on which the notice is required. If delivered by 1st class mail, a written notification is considered timely only if postmarked at least 3 days before the date on which the notice is required to be received by the parent.

(d) If the application is rejected, the nonresident school board shall do all of the following:

Provide notice to the parent that the decision may be appealed to the department within 30 days.
Send a copy of the application, including the notice of denial, to the resident school board.

(e) If the pupil fails to attend the course after being accepted and providing notice of intent to attend the course, the nonresident school district shall promptly notify the resident school district.

(3) Review by resident school district.

(a) The resident school board shall provide notice of the resident school board’s decision as required under s. 118.52 (3) (d), Stats., to the parent no later than one week prior to the course starting date. This notice is timely if post-marked at least 3 days before the date on which the notice is required to be received by the parent.

(b) If the application is rejected under s. 118.52 (6), Stats., the resident school board shall do all of the following:

Provide notice to the parent that the decision may be appealed to the department within 30 days.
Send a copy of the denial to the nonresident school board.

(4) Appeal. If the application is denied by either the resident school board or the nonresident school board, the parent may appeal the denial to the department within 30 days of receipt of the notice of denial as provided under s. PI 36.14.

Note: The Part-Time Public School Open Enrollment Application Form may be obtained from the department’s open enrollment website at: https://dpi.wi.gov/oe.

History

CR 18-048: cr. Register April 2019 No. 760, eff. 5-1-19; correction in (2) (b) made under s. 13.92 (4) (b) 3., Stats., corrections in (2) (c) made under s. 13.92 (4) (b) 12., Stats., Register April 2019 No. 760; correction in (2) (b) made under s. 35.17, Stats., Register April 2019 No. 760.

Wis. Admin. Code § PI 36.18 Transportation {#sec-pi-36.18 omnilex-key=us-wi-regs-official--agency-pi--PI 36.18}

(1) Any claim under s. 118.52 (11), Stats., for reimbursement of transportation costs shall be submitted using a transportation reimbursement form by July 15 following the school year in which the transportation was provided.

(2) The state superintendent shall use the calculation described in s. PI 36.13 (2) (a) to determine the amount of reimbursement.

(3) If adequate funds are not available under s. 20.255 (2) (cy), Stats., to reimburse all transportation claims under this chapter and s. 118.55 (7g), Stats., the state superintendent shall prorate the available funds among only those applicants eligible for free or reduced-price lunch under 42 USC 1758 (b).

(4) Any funds provided under s. 20.255 (2) (cy), Stats., that remain after payment has been made to reimburse claims under sub. (3) and under s. 118.55 (7g), Stats., shall be prorated to reimburse claims submitted by other applicants under this section and under s. 118.55 (7g), Stats., who are unable to pay for transportation.

Note: The Part-Time Public School Open Enrollment Transportation Reimbursement Application online form is available starting June 1 on the department’s open enrollment website at: https://dpi.wi.gov/oe.

History

CR 18-048: cr. Register April 2019 No. 760, eff. 5-1-19; corrections in (4) made under s. 13.92 (4) (b) 4. and 7. Stats., Register April 2019 No. 760.

Wis. Admin. Code § PI 36.19 Calculating cost of course {#sec-pi-36.19 omnilex-key=us-wi-regs-official--agency-pi--PI 36.19}

For purposes of s. 118.52 (12), Stats., the cost of providing a course to a pupil shall be determined by first dividing the total number of hours of instruction provided to the pupil in the course by 1,137, then multiplying the result by the annual tuition rate as determined by s. 121.76 (2) (a), Stats. For purposes of determining hours of instruction for virtual charter school coursework, the total number of hours of instruction shall be 135 hours per credit.

History

CR 18-048: cr. Register April 2019 No. 760, eff. 5-1-19.

Chapter PI 37 GRANTS FOR NATIONAL TEACHER CERTIFICATION OR MASTER EDUCATOR LICENSURE

Wis. Admin. Code § PI 37.02 Definitions {#sec-pi-37.02 omnilex-key=us-wi-regs-official--agency-pi--PI 37.02}

In this chapter:

(1) “Department” means the Wisconsin department of public instruction.

(1g) “Educator effectiveness system” means the educator effectiveness evaluation system under s. 115.415, Stats.

(1r) “Educator practice outcome summary” means the evaluation score under s. 115.415 (2) (b), Stats., or an equivalent score.

(2) “Employed as a teacher” means an individual working as a teacher for a minimum of 40 percent full-time equivalency for the duration of the school year.

(3) “National board certification” or “national board certificate” means a certificate issued by the national board for professional teaching standards.

(3d) “Obtain” means to be granted national board certification in a subject area or issued a tier IV master educator license under subch. VI or VII of ch. PI 34.

(3h) “Private school” has the meaning given in s. 115.001 (3r), Stats.

(3m) “Rating of effective or highly effective” means the evaluator in the educator effectiveness system assessed the educator’s practice as meeting the criteria for a rating of three or above on a four-point scale in over half of the components for the educator practice rubric and the criteria for a rating of three or above on a four-point scale in over half of the rubric components for student outcomes.

(4) “School year” has the meaning given in s. 115.001 (13), Stats.

(5) “State license” means a document issued under ch. PI 34 granting authority or permission to serve as a professional school employee in Wisconsin public schools.

(6) “State superintendent” means the state superintendent of public instruction for the state of Wisconsin.

(6m) “Student outcomes summary” means the evaluation score based on measures of student performance under s. 115.415 (2) (a), Stats.

(7) “Teacher” means properly licensed individuals delivering instruction directly to pupils; or school psychologists, school counselors, or school social workers. “Teacher” does not include individuals working under a contract as an administrator.

(7m) “Tribal school” has the meaning given in s. 115.001 (15m), Stats.

(8) “Wisconsin master educator” means a teacher who has completed the Wisconsin master educator assessment process under s. PI 34.042 (2) (b) and holds a tier IV master educator license under s. PI 34.042.

History

Cr. Register, May, 2000, No. 533, eff. 6-1-00; CR 01-132: r. (1) and renum. (2) to (4) to be (1) to (3) Register May 2002 No. 557, eff. 6-1-02; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register June 2004 No. 582; EmR0813: emerg. renum. (1) to (3) to be (4) to (6), cr. (1) to (3), (7) and (8) eff. 5-17-08; CR 08-044: renum. (1) to (3) to be (4) to (6), cr. (1) to (3), (7) and (8) Register January 2009 No. 637, eff. 2-1-09; CR 15-029: cr. (1g), (1r), (3m), (6m) Register October 2015 No. 718, eff. 11-1-15; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register June 2019 No. 762; CR 25-008: am. (2), cr. (3d), (3h), am. (3m), (6m), (7), cr. (7m) Register June 2025 No. 834, eff.7-1-25; correction in (3d) made under s. 35.17, Stats., Register June 2025 No. 834; CR 26-006; am. (8) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 37.03 Grants for national board certification and Wisconsin master educator licensure {#sec-pi-37.03 omnilex-key=us-wi-regs-official--agency-pi--PI 37.03}

(1) Initial reimbursement.

(a) Eligibility. An individual meeting all of the following requirements may apply to the state superintendent for a grant for reimbursement of their costs of obtaining national board certification or master educator licensure:

The applicant is certified by the national board for professional teaching standards or licensed as a Wisconsin master educator under s. PI 34.042 (2) (b).
The applicant is licensed as a teacher by the state superintendent or employed as a teacher in a private school or tribal school located in this state.
The applicant is employed as a teacher in this state in the area in which the applicant is nationally certified or hold a Wisconsin master educator license under subch. VI or VII of ch. PI 34.
If the applicant is required to be evaluated under ss. 115.415 and 121.02 (1) (q), Stats., the applicant received a rating of effective or highly effective in the educator effectiveness system on the applicant’s most recent evaluation, or an applicant is employed at a private or tribal school, the private or tribal school verifies the educator is effective or highly effective.
The applicant is not receiving a concurrent grant under this section in the same school year.

(b) Amount. The reimbursement grant under this subsection shall be of an amount equal to the cost of obtaining certification or licensure under par. (a) that are borne by the individual, not to exceed $2,000.

Be submitted electronically as part of the initial grant application.
Include the applicant’s name, date of expense, verification that the applicant incurred the expense, the amount, and the payee.
Clearly account for and substantiate all costs described in the application.

(d) Timing. The applicant must submit the documentation required under par. (c) and sub. (3) to the superintendent for initial reimbursement during the first school year in which the applicant meets the requirements under par. (a).

(2) Annual grants.

(a) Eligibility. In each of the 9 school years after receipt of an initial reimbursement grant under sub. (1), individuals who received a grant under sub. (1) are eligible to apply to the state superintendent for an annual grant if they satisfy all of the following requirements:

The applicant maintains their national board certification or tier IV Wisconsin master educator license under s. PI 34.042 (2) (b).
The applicant maintains their license as a teacher by the state superintendent or remains employed in a private school or tribal school located in this state.
The applicant remains employed as a teacher in this state in the area in which the applicant is nationally certified or hold a Wisconsin master educator license under subch. VI or VII of ch. PI 34.
If the applicant is required to be evaluated under ss. 115.415 and 121.02 (1) (q), Stats., the applicant received a rating of effective or highly effective in the educator effectiveness system on the applicant’s most recent evaluation. If an applicant is employed at a private or tribal school, the private or tribal school verifies the educator is effective or highly effective.
The applicant is not receiving a concurrent grant under this section in the same school year.

(b) Amount.

Except as provided in subd. 2., the amount of each annual grant awarded under par. (a) shall be $2,500.
The amount of each annual grant under par. (a) shall be $5,000 in any school year in which the recipient is employed as a teacher in a school in which at least 60 percent of the pupils enrolled satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1), based on the prior school year’s certified data.

(c) Timing. The completed application, district verification and all supporting documentation for an annual grant must be submitted to the department before the end of the school year in which the grant will be awarded.

(3) Application requirements. An educator applying for initial reimbursement or an annual grant under this chapter shall provide the state superintendent with all of the following information:

(a) A certified copy of the applicant’s national board certificate if verification is not publicly available through the national board.

(b) A completed application provided by the department with supporting documentation.

(c) A form provided by the department and completed by the public, private or tribal school administrator or their designee including verification of the following:

The applicant’s employment as a full-time teacher in this state.
The applicant’s employment in the subject area in which the applicant has obtained national board certification or tier IV master educator licensure.
The applicant has received a rating of effective or highly effective or other criteria established by a private or tribal school if the applicant is employed at the private or tribal school.

History

Cr. Register, May, 2000, No. 533, eff. 6-1-00; CR 01-132: r. (1) (a) 3., (b) 3., (2) (c), renum. (1) (a) 4. to be (1) (a) 3. and (1) (b) 4. to be (1) (b) 3. Register May 2002 No. 557, eff. 6-1-02; EmR0813: emerg. am. eff. 5-17-08; CR 08-044: am. Register January 2009 No. 637, eff. 2-1-09; CR 15-029: am. (1) (a) 2., cr. (1) (a) 4., am. (1) (b) 2., cr. (1) (b) 4. Register October 2015 No. 718, eff. 11-1-15; numbering correction in (1) (b) 4. made under s. 13.92 (4) (b) 7., Stats., s. 35.17, Stats., and correction of Section 6 of CR 15-029 (PI 37.03 (1) (b) 2., not PI 37.032 (2) (a) 2., is amended) Register October 2015 No. 718; CR 15-073: am. (1) (c), (2) (c) Register January 2016 No. 721, eff. 2-1-16; CR 19-069: am. (1) (a) Register February 2020 No. 770, eff. 3-1-20; CR 25-008: r. and recr. Register June 2025 No. 834, eff. 7-1-25; correction in (1) (a) 4. made under s. 35.17, Stats., Register June 2025 No. 834; CR 26-006: am. (1) (a) 1., 3., 4., (2) (a) 1., 3., 4., (3) (c) 2. Register July 2026 No. 847, eff. 8-1-26; correction in (1) (a) 3., (2) (a) 3. made under 35.17, Stats., Register July 2026 No. 847; correction in (3) (c) 3. made under s. 35.17, Stats., Register August 2026 No. 848.

Wis. Admin. Code § PI 37.05 Review of applications and awarding of grants {#sec-pi-37.05 omnilex-key=us-wi-regs-official--agency-pi--PI 37.05}

The state superintendent shall review the applications submitted under this chapter and shall award grants if the applicant meets all of the criteria specified under s. PI 37.03.

Note: Additional information regarding the National Board for Professional Teaching Standards may be obtained by contacting the Board at 1525 Wilson Boulevard, Suite 500, Arlington, VA 22209; (703) 465-2700; Website: www.nbpts.org.

PI-1669-Initial, National Teacher Certification by NBPTS Initial Reimbursement Grant Application, may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 or by going to the department’s web site at https://dpi.wi.gov/tepdl/licensing/types/master/national-board.

PI-1645-Annual, National Teacher Certification by NBPTS Annual Grant Application, may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 or by going to the department’s web site at https://dpi.wi.gov/tepdl/licensing/types/master/national-board.

PI-1677-Initial, Master Educator License by WMEAP Initial Reimbursement Grant Application, may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 or by going to the department’s web site at https://dpi.wi.gov/tepdl/licensing/types/master-educator.

PI-1679-Annual, Master Educator License by WMEAP Annual Grant Application, may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 or by going to the department’s web site at https://dpi.wi.gov/tepdl/licensing/types/master-educator.

Additional information regarding Wisconsin incentives may be obtained by contacting the Department of Public Instruction Teacher Education and Licensing, P.O. Box 7841, Madison, WI 53707-7841; (608) 266-1879.

History

Cr. Register, May, 2000, No. 533, eff. 6-1-00.

Chapter PI 38 STATE GRANT PROGRAMS

Subchapter I General

Wis. Admin. Code § PI 38.001 Purpose {#sec-pi-38.001 omnilex-key=us-wi-regs-official--agency-pi--PI 38.001}

This chapter establishes procedures for grant programs administered by the department.

History

2017 Wis. Act 93: cr. Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § PI 38.002 Definitions {#sec-pi-38.002 omnilex-key=us-wi-regs-official--agency-pi--PI 38.002}

In this chapter:

(1) “CESA” means a cooperative educational service agency created under ch. 116, Stats.

(2) “Department” means the Wisconsin department of public instruction.

(3) “School board” has the meaning given in s. 115.001 (7), Stats.

(4) “School district” has the meaning given in s. 115.01 (3), Stats.

(5) “State superintendent” means the state superintendent of public instruction for the state of Wisconsin.

History

EmR0805: emerg. cr. eff. 2-25-08; CR 08-018: cr. Register November 2008 No. 635, eff. 12-1-08; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2013; No. 687.2017 Wis. Act 93: cr. (title), (intro.), renum. (1), (5) from PI 38.02 (2), (5), renum. (2), (3), (4) from PI 16.02 (5), (7), (8) Register December 2017 No. 744, eff. 1-1-18.

Subchapter II General Administrative Procedures

Wis. Admin. Code § PI 38.005 Applicability {#sec-pi-38.005 omnilex-key=us-wi-regs-official--agency-pi--PI 38.005}

(1) Except as provided in sub. (2), this subchapter applies to all state grant programs administered by the department.

(2) If a rule under this subchapter conflicts with a statute, administrative rule, or federal regulation that applies to the grant program, the rule under this subchapter does not apply to the grant program.

History

2017 Wis. Act 93: cr. Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § PI 38.006 Applications {#sec-pi-38.006 omnilex-key=us-wi-regs-official--agency-pi--PI 38.006}

To be considered for a grant under a state grant program, an applicant shall file with the department a complete application on a form provided by the department by the date established by the department.

History

2017 Wis. Act 93: cr. Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § PI 38.007 Department duties {#sec-pi-38.007 omnilex-key=us-wi-regs-official--agency-pi--PI 38.007}

(1) Applications. For each state grant program, the department shall develop an application that includes all of the following information:

(a) The date the application shall be filed with the department.

(b) The criteria the department will use to award grants under sub. (3).

(2) Application review. The department shall review all applications filed in accordance with s. PI 38.006.

(3) Grant awards. The department shall award grants based on the criteria listed in the grant application.

(4) Proration. The department may award grants on a prorated basis if available funding is insufficient to fully fund all of the grant recipients.

(5) Notification. The department shall notify each applicant in writing of its determination under sub. (3).

History

2017 Wis. Act 93: cr. Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § PI 38.008 Grant reporting {#sec-pi-38.008 omnilex-key=us-wi-regs-official--agency-pi--PI 38.008}

A grant recipient shall do all of the following:

(1) Maintain any documentation required by the department.

(2) Upon the request of the department, provide any information required under sub. (1) to the department.

History

2017 Wis. Act 93: cr. Register December 2017 No. 744, eff. 1-1-18.

Subchapter III Grants for Peer Review and Mentoring

Wis. Admin. Code § PI 38.01 Purpose {#sec-pi-38.01 omnilex-key=us-wi-regs-official--agency-pi--PI 38.01}

Under s. 115.405, Stats., the state superintendent shall award grants to eligible applicants for peer review and mentoring programs. This subchapter sets forth criteria and procedures for awarding grants under this program.

History

Cr. Register, February, 1999, No. 518, eff. 3-1-99; 2017 Wis. Act 93: am. Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § PI 38.02 Definitions {#sec-pi-38.02 omnilex-key=us-wi-regs-official--agency-pi--PI 38.02}

In this subchapter:

(1) “Approved program” has the meaning defined under s. PI 34.001 (2).

(3) “Initial educator” means an individual who fulfills any of the following:

(a) Holds a tier I guest teach license under s. PI 34.030.

(b) Is employed as a tier I license holder in special education subject to the requirements under s. PI 34.039.

(4) “Mentor” means an educator and a peer to the initial educator who primarily provides support and assistance to initial educators.

History

Cr. Register, February, 1999, No. 518, eff. 3-1-99; 2017 Wis. Act 93: am. (intro.), (1), renum. (2) to PI 38.002 (1), am. (3), renum. (5) to PI 38.002 (5) Register December 2017 No. 744, eff. 1-1-18; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register April 2019 No. 760; CR 19-034: renum. (3) to (3) (intro.) and am., cr. (3) (a) to (c) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 38.03 Grants for peer review and mentoring {#sec-pi-38.03 omnilex-key=us-wi-regs-official--agency-pi--PI 38.03}

(1) Eligibility. Annually, by May 1, eligible applicants may apply to the state superintendent to fund a peer review and mentoring program described under sub. (4m). Eligible applicants include the following:

(a) A CESA.

(b) A consortium consisting of 2 or more school districts.

(d) A combination of pars. (a) to (c).

(2) Application requirements. An application submitted under sub. (1) shall be developed with significant input from teachers and shall include the following information:

(a) Signatures, names and titles of individuals who developed the grant application.

(b) A list of school districts and CESAs that will participate in the program.

(d) A description of how the proposed program will assist initial educators and enhance instruction.

(e) A description of the program activities to be completed during the duration of the program, with a timetable for completion of each major activity.

(f) A description of how the program will enhance pupil achievement.

(g) A description of the evaluation plan including the indicators used to measure the achievement of the program goals and objectives.

(h) A description of the applicant’s capacity to continue the program after the grant period is complete.

(i) A description of how the grant award will be allocated, including how the applicant will match at least 20% of the grant awarded as required under s. 115.405 (1), Stats. The matching funds may be in the form of money or in-kind services or both.

(j) A description of the selection, training, roles and responsibilities of the mentors.

(k) A statement of the need for the grant.

(L) A statement of which entity will be administering the program.

(3) Assurances. A grant recipient under this subchapter shall provide for all of the following:

(a) An assurance that the grant awarded under this subchapter will not be used to supplant or replace funds otherwise available for professional development.

(b) An assurance that program information and related materials under this subchapter will be made available to interested schools and other educational institutions at a reasonable cost.

(4) Grant amount. A one-year grant of not more than $25,000 may be made to fund a comprehensive peer review and mentoring program for initial educators.

(4m) Program components. A program is eligible for a grant under this subchapter only if it includes all of the following program components:

(a) An ongoing orientation for initial educators that is collaboratively developed and delivered by administrators, teachers, support staff and parents.

(b) Seminars that meet the needs and concerns of the initial educator and reflect the Wisconsin standards for teacher development and licensure. The Wisconsin standards under this paragraph include all of the following:

The teacher understands the central concepts, tools of inquiry, and structures of the disciplines the teacher teaches and can create learning experiences that make these aspects of subject matter meaningful for students.
The teacher understands how children learn and develop, and can provide learning opportunities that support their intellectual, social, and personal development.
The teacher understands how students differ in their approaches to learning and creates instructional opportunities that are adapted to diverse learners.
The teacher understands and uses a variety of instructional strategies to encourage students’ development of critical thinking, problem solving, and performance skills.
The teacher uses an understanding of individual and group motivation and behavior to create a learning environment that encourages positive social interaction, active engagement in learning, and self-motivation.
The teacher uses knowledge of effective verbal, nonverbal, and media communication techniques to foster active inquiry, collaboration, and supportive interaction in the classroom.
The teacher plans and delivers instruction based upon knowledge of subject matter, students, the community, and curriculum goals.
The teacher understands and uses formal and informal assessment strategies to evaluate and ensure the continuous intellectual, social, and physical development of the learner.
The teacher is a reflective practitioner who continually evaluates the effects of the teacher’s choices and actions on others, such as students, parents, and other professionals in the learning community and who actively seeks out opportunities to grow professionally.
The teacher fosters relationships with school colleagues, parents, and agencies in the larger community to support students’ learning and well being.

(d) The development of a professional development plan for the initial educator which includes a list of activities, timelines for achievement, and assessments based on the standards described under par. (b).

Note: PIF-1653, Peer Review and Mentoring Grants application form, may be obtained at no charge by writing to the Wisconsin Department of Public Instruction, Licensing Team, P.O. Box 7841, Madison, WI 53707-7841.

History

Cr. Register, February, 1999, No. 518, eff. 3-1-99; 2017 Wis. Act 93: am. (1), (3), renum. (4) (intro.) to (4) and (4m) (intro.) and am. Register December 2017 No. 744, eff. 1-1-18; CR 19-034: am. (4) Register February 2020 No. 770, eff. 3-1-20; CR 26-006: am. (4m) (b) 1., 9. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 38.04 Mentor involvement {#sec-pi-38.04 omnilex-key=us-wi-regs-official--agency-pi--PI 38.04}

A mentor under this subchapter shall have input into the confidential formative assessment of the initial educator and may not be included as part of the school district’s formal evaluation of an initial educator.

History

Cr. Register, February, 1999, No. 518, eff. 3-1-99; 2017 Wis. Act 93: am. Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § PI 38.05 Review of applications and awarding of grants {#sec-pi-38.05 omnilex-key=us-wi-regs-official--agency-pi--PI 38.05}

The state superintendent shall review the applications submitted under this subchapter and shall determine which of the applications eligible for funding will receive grants based on the following criteria:

(1) The extent to which teachers are involved in the program development and activities.

(2) The extent to which the goals and objectives relate to the purpose of the program.

(3) The extent to which the program activities are appropriate to the goals and objectives of the proposed program.

(4) The adequacy of the timeline for completion of each major activity and the extent to which continuation of program activities is ensured after the grant period is completed.

(5) The extent to which the program activities will enhance instruction and ultimately enhance student achievement.

History

Cr. Register, February, 1999, No. 518, eff. 3-1-99; 2017 Wis. Act 93: am. (intro.) Register December 2017 No. 744, eff. 1-1-18.

Subchapter IV Grants for Alcohol and Other Drug Abuse Programs

Wis. Admin. Code § PI 38.11 Purpose {#sec-pi-38.11 omnilex-key=us-wi-regs-official--agency-pi--PI 38.11}

(1) Under s. 115.36 (1), Stats., public and private schools are encouraged to develop comprehensive kindergarten through grade 12 programs to prevent or ameliorate alcohol and other drug abuse among minors.

(2) Under s. 115.36 (3), Stats., the department shall fund school district projects designed to assist minors experiencing problems resulting from alcohol or other drug use or to prevent alcohol and drug use by minors.

(3) This subchapter sets forth characteristics of a comprehensive kindergarten through grade 12 program including criteria and procedures in awarding grants under s. 115.36, Stats.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 13-086: am. (4) Register May 2014 No. 701, eff. 6-1-14; 2017 Wis. Act 93: renum. (title), (1), (2), (3) from PI 32.01 (title), (1), (2), (4) and am. (3) Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § PI 38.12 Definitions {#sec-pi-38.12 omnilex-key=us-wi-regs-official--agency-pi--PI 38.12}

In this subchapter:

(1) “AODA program” means a comprehensive kindergarten through grade 12 alcohol and other drug abuse program as described in s. PI 38.13.

(3) “Community–based organization” means a private, non-profit organization which is representative of a community or a significant segment of a community and which provides educational and job training services.

(4) “Council” means the council created under s. 115.36 (2) (e), Stats.

(5) “County department of community programs” means the county department of community programs appointed under s. 51.42 (3) (a), Stats.

(7) “Intervention” means efforts to respond to and provide appropriate assistance to students experiencing health and safety problems including alcohol and other drug abuse.

(8) “Membership” has the meaning given in s. 121.004 (5), Stats.

(9) “Prevention” means efforts to provide pupils appropriate information and developmental experiences necessary to make personally and socially responsible decisions regarding their own alcohol and other drug use and non–use and other health and safety factors and to cope effectively with the personal and social results of health and safety decisions made by others. Prevention includes efforts to develop assets which can be used to overcome challenges and set-backs and to help students become positive, caring, responsible and productive citizens.

(10) “Pupil assistance program,” also referred to as a student assistance program, means an alcohol and other drug abuse support program involving pupils with health and safety problems and concerns in individual or group settings operating under conditions established by school board policy, rules and responsibilities.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; 2017 Wis. Act 93: renum. (intro.), (1), (3), (4), (5), (7) to (10) from PI 32.02 (intro.), (1), (3), (4), (5), (7) to (10) and am. (intro.), (1), (4) Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § PI 38.13 Comprehensive kindergarten through grade 12 AODA programs, application requirements, and awarding of grants {#sec-pi-38.13 omnilex-key=us-wi-regs-official--agency-pi--PI 38.13}

(1) Aoda program policies. Except projects funded under s. PI 38.14, a school board conducting an AODA program shall establish policies and procedures that clearly articulate how the program will operate. In developing policies under this section, a school board shall consider requiring any of the following:

(a) That administrators and teachers designated to engage in AODA programs under s. 118.126, Stats., have received appropriate training and are aware of the requirements of s. 118.126, Stats.

(b) Provide for cooperative arrangements with the county department of community programs regarding the availability of AODA services as specified under s. 118.24 (2) (f), Stats.

(c) That school administrators, principals, pupil services professionals and teachers employed by the school board are aware of the provisions under s. 118.257, Stats., pertaining to liability for referral to police, when referring pupils to law enforcement authorities for removal from school grounds or school sponsored activities as a result of suspicion of possession or consumption of an alcoholic beverage or controlled substance.

(d) That school administrators, principals, pupil services professionals and teachers employed by the school board are aware of the provisions of s. 120.12 (29) (c), Stats., pertaining to the prohibition of electronic communications devices and that pupils are annually provided with a copy of the board’s rules pertaining to this prohibition.

(e) That school administrators, principals, pupil services professionals and teachers employed by the school board are aware of the provisions of s. 120.12 (20), Stats., pertaining to prohibiting the use of all tobacco products on school premises.

(f) That school administrators, principals, pupil service professionals and teachers employed by the school board are aware of the provisions of s. 125.09, Stats., pertaining to the prohibition of alcohol beverages on school grounds.

(g) That school administrators, principals, pupil service professionals and teachers employed by the school board are aware of the provisions of s. 118.125, Stats., pertaining to the maintenance and confidentiality of certain types of pupil records.

(h) That school administrators, principals, pupil service professionals and teachers employed by the school board are aware of the provisions of s. 118.45, Stats., pertaining to use of portable breath testing devices with pupils suspected of consuming alcohol or being under the influence of alcohol at school or a school sponsored event.

(2) Aoda program content. Under s. 115.36 (1), Stats., every public and private school is encouraged to develop AODA programs to prevent or ameliorate alcohol and other drug abuse among minors. Section 115.36 (3), Stats., provides for grants to assist school districts in developing or supplementing AODA programs. An AODA program under this section may include any of the following:

(a) Curriculum and instruction that meets all of the requirements of s. 118.01 (2) (d) 2. c. and 6., Stats., and which does all of the following:

Provides accurate and up-to-date information on health promotion and risk behaviors.
Provides accurate information about youth attitudes and behaviors about AODA and related youth risk behaviors.
Provides a strong focus on life skill development, such as decision making, goal setting and communication skills.
Emphasizes key concepts that cut across many health and safety issues.
Provides multiple instructional strategies.
Is developmentally appropriate and builds on a pupil’s prior knowledge.
Provides a sense of safety and community in the classroom.
Provides clear and consistent messages.
Involves parents and guardians in instructional programs.

(b) A written school district policy which supports comprehensive alcohol and other drug abuse programming including pupil assistance programs, curriculum, instruction, staff development and youth oriented activities. The policies shall be widely publicized and be in accordance with appropriate state and federal laws.

(d) Programs for adults including staff development, employee assistance and wellness programs, and parent and community education.

(e) Integration of community resources and support services including, but not limited to, human services providers, private treatment providers, law enforcement officers, and judicial personnel.

(f) Access to a collaborative pupil service team made up of school counselors, social workers, nurses and psychologists.

(g) An AODA program coordinator who is provided with appropriate time and training.

(h) Ongoing monitoring, assessment and evaluation of AODA program activities.

(i) Strategies to develop comprehensive school health programs which include, but are not limited to, a police-school partnership project, a family support project providing parenting skills and family cohesion building strategies, after school and summer school tutorial services, student assistance programs, youth-led prevention activities, any other strategy approved by the state superintendent to meet the statutory objectives of prevention or amelioration of alcohol and drug use by minors. A school district may enter into contracts with public or private non-profit agencies to collaborate on family support programs that include parenting skills and family cohesion building strategies.

(3) Grant application requirements. A school board or a school board in cooperation with another school board under an agreement under s. 66.0301, Stats.; or a CESA board under s. 116.032, Stats.; may apply for a grant under this section. Maximum awards for consortium projects shall be determined by the state superintendent as described under sub. (4) (a). Annually, an applicant under this section shall submit all of the following information to the department in its grant application:

(a) Evidence of the need for the grant.

(b) The name of the AODA program coordinator, and evidence that the AODA program coordinator holds a current license issued by the department under ch. PI 34.

(c) A description of how the proposed program activities will be integrated with the school district’s current AODA program as specified in this section, as well as other school improvement strategies.

(d) An outline of the proposed program objectives, activities, and related timelines. The program’s objectives shall be measurable.

(e) A description of how the proposed program will be evaluated. The description shall contain outcome evaluations.

(f) A description of how the program activities will continue after the grant period is completed.

(g) A description of how the strategies and activities contained in the proposal contribute to the prevention or amelioration of alcohol, tobacco, and other drug abuse.

(h) A description of the collaborative development of the proposal, including the individuals that participated in the process.

(i) A description of the resources and funds necessary to implement the project and how the matching fund contribution of 20% will be met. Private and in–kind contributions may be applied to meet this requirement.

(j) An assurance that the grant applicant will not use the funds to supplant any funds which are otherwise available for the proposed project.

(k) Evidence that the grant applicant submitted a copy of the proposed project to the county department of community programs for advisory review.

(4) Review of applications and awarding of grants.

(a) The state superintendent, annually, shall establish funding limits for programs under this section based on the amount appropriated for the program under s. 20.255 (2) (kd), Stats., using the criteria specified under par. (c) 2. The state superintendent shall inform school districts of the funding limits by letter which will accompany application materials.

(b) The council shall review the applications submitted under this section and make recommendations to the state superintendent regarding the funding of school district applications. These recommendations shall be based on the criteria specified in par. (c).

(c)

The state superintendent shall review the applications submitted under this section and consider the recommendations made by the council under par. (b) to determine which of the applications eligible for funding will receive grants. The state superintendent shall make this determination based on the following primary criteria:

a. The extent to which the goals, objectives and activities relate to the purpose of the proposed program.

b. The extent to which the proposed program activities will assist the district in meeting the requirements of this section.

c. The local capacity to sustain program activities.

d. The extent to which programs are innovative or exemplary and may serve as a model for other school districts.

Secondary criteria in awarding grants shall, to the extent possible, include the following:

a. The grants shall be distributed equally throughout the state.

b. The grants shall be awarded to school districts of varying sizes, as determined by membership.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (3) (intro.) made under s. 13.93 (2m) (b) 7., Stats, Register, July, 2000, No. 535; correction in (3) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register June 2004 No. 582; CR 13-086: am. (2) (intro.), (4) (a), (b) Register May 2014 No. 701, eff. 6-1-14; 2017 Wis. Act 93: renum. from PI 32.03 and am. (1) (intro.), (2) (intro.), (3) (intro.), (c), (4) (b) Register December 2017 No. 744, eff. 1-1-18; correction in (1) (d) made under s. 13.92 (4) (b) 7., Stats., Register August 2026 No. 848.

Wis. Admin. Code § PI 38.14 Student mini grants {#sec-pi-38.14 omnilex-key=us-wi-regs-official--agency-pi--PI 38.14}

(1) Grant application requirements.

(a) A school district may apply for a grant for an AODA education and related youth risk behaviors education, prevention and intervention activities program designed by the pupils enrolled in the school district. A grant under this section may not exceed $1,000. Annually, an applicant under this section shall submit all of the following information to the department in its grant application:

A description of the program to be developed and implemented by pupils and whether the program is being implemented at a building, district, or community level.
An outline of the proposed program goals, objectives, activities, personnel involved, material to be developed or needed, and related timelines.
A description on how the proposed activities will be evaluated to determine the extent to which the objectives were met.
A budget that describes how grant funds will be used.

(2) Review of applications and awarding of grants. The state superintendent shall review applications submitted under this section and determine which of the applications eligible for funding will receive grants. The state superintendent shall make this determination based on all of the following criteria.

(a) The extent to which the goals, objectives and activities relate to the purpose of the proposed program.

(b) The extent to which program activities have an educational focus.

Note: PI-2391, Application – Student Alcohol and Other Drug Abuse Mini-Grant, may be obtained at no charge from the Department of Public Instruction, P. O. Box 7841, Madison, WI 53707-7841.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; 2017 Wis. Act 93: renum. from PI 32.04 Register December 2017 No. 744, eff. 1-1-18.

Subchapter V Four-Year-Old Kindergarten Grants

Wis. Admin. Code § PI 38.21 Purpose {#sec-pi-38.21 omnilex-key=us-wi-regs-official--agency-pi--PI 38.21}

This subchapter sets forth criteria and procedures for awarding grants to eligible school districts to implement a 4-year-old kindergarten program under s. 115.445, Stats. Funds are awarded from the appropriation under s. 20.255 (2) (dp), Stats.

History

EmR0805: emerg. cr. eff. 2-25-08; CR 08-018: cr. Register November 2008 No. 635, eff. 12-1-08; 2017 Wis. Act 93: renum. from PI 16.01 and am. Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § PI 38.22 Definitions {#sec-pi-38.22 omnilex-key=us-wi-regs-official--agency-pi--PI 38.22}

In this subchapter:

(1) “Age eligible” means a child who turns 4 years old on or before September 1 in the year that the child proposes to enter school or meets the school district’s criteria for early admission under s. 120.12 (25), Stats.

(2) “Community based provider” means head start and providers licensed under ch. DCF 250 or 251.

(3) “Community interest groups” means individuals or representatives with an interest in and relevance to early learning, such as family child care, community home visiting programs, parent education, resource and referral agencies, family resource centers, health or mental health organizations, social service agencies, elected officials, businesses, or philanthropic organizations.

(4) “Contract or agreement” means a written document that defines the roles and responsibilities related to the program operation.

(6) “4K” means 4-year-old kindergarten.

History

EmR0805: emerg. cr. eff. 2-25-08; CR 08-018: cr. Register November 2008 No. 635, eff. 12-1-08; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; 2017 Wis. Act 93: renum. (intro.), (1) to (4), (6) from PI 16.02 (intro.), (1) to (4), (6) and am. (intro.) Register December 2017 No. 744, eff. 1-1-18; CR 26-006: am. (1) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 38.23 Eligible applicants, application and program requirements {#sec-pi-38.23 omnilex-key=us-wi-regs-official--agency-pi--PI 38.23}

(1)

(a) Annually by the fourth Monday in March, school boards of eligible school districts may apply to the department for a 4K grant under this subchapter for the following school year. A school district is eligible to apply if it meets all of the following requirements:

The school district did not count pupils in a 4K program for equalization aid and revenue limit purposes on the PI-1563 pupil count report collected pursuant to s. 121.05 (1), Stats., in the school year prior to the first year of the grant.
The school district has an existing contract or agreement with a community based provider if using a community approach or community based provider.
The school district completes the department’s application in a timely and complete manner.

(b) In awarding a grant, the department shall give priority to school districts that use community approaches to early education which establish and maintain both of the following:

A collaborative committee, council, or advisory group. The collaborative committee, council or advisory group must be involved in the initial planning, public awareness, delivery models, staff development, program design, site selection, staffing patterns, policy development, program standards and curriculum, as well as the on-going implementation and administration of the program. The collaborative committee, council or advisory group shall include representatives from community based providers; the school district, which shall include an administrator, school board member, or principal and a school district employed teacher of early childhood education or kindergarten; and a representative of other relevant community interest groups.
A contract or agreement that defines the partnerships between the school district and all community based providers. The school district must have at least one site of the school district’s 4K program at a non-school district site, not including a private home, or on a school district site administered by a community based provider. These sites shall be within the school district’s boundaries or may be offered through an interdistrict agreement under s. 66.0301, Stats. The contract or agreement shall define all of the following roles and responsibilities related to the 4K program operation:

a. The school district’s process to oversee and supervise the program to assure compliance with state and federal education laws.

b. The community based provider’s process to assure compliance with applicable state and federal laws regulating its program.

c. The program components and design, including hours, length of program, staffing design, staff development, curriculum, class size, and parent outreach activities.

d. The resources provided by each entity necessary for the delivery of the program.

e. The financial arrangements which assure the school district covers the cost of program instruction.

f. The recruitment and enrollment practices that assure the school district program is open to all age eligible children and that the community based provider assures that enrollment is not contingent upon enrollment in any program offered by the community based provider, unless this conflicts with the provider’s federal regulations.

(2) A school district operating a 4K program funded under sub. (1) shall do all of the following:

(a) Make the program open and accessible to all age eligible children of the school district at no charge.

(b) Pay the full cost of the 4K program, including the costs associated with programs located on a non-school district site. Such costs include staff compensation, special education, and support services for pupils, facilities, supplies, and staff development.

(c) Comply with all applicable state statutes, including the school district standards under s. 121.02 (1), Stats., and transportation requirements under s. 121.54 (1) and (2), Stats.

Note: PI-7801 Four-Year-Old Kindergarten (4K) Start-Up Grant Application, may be obtained at no charge by writing to the Wisconsin Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 or by going to the department’s web site at https://dpi.wi.gov/early-childhood/kind/4k/start-up-grants.

History

2017 Wis. Act 93: renum. from PI 16.03 and am. (1) (a) (intro.), (2) (intro.), (c) Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § PI 38.24 Review of applications and awarding of grants {#sec-pi-38.24 omnilex-key=us-wi-regs-official--agency-pi--PI 38.24}

(1) First year grant awards.

(a) The department shall give preference in awarding grants under this subchapter to eligible school districts under s. PI 38.23 (1) (a) that demonstrate in the application that the 4K program is using a community approach to early education. An eligible applicant that uses a community approach to early education shall receive up to $3,000 per pupil enrolled in the school district’s 4K program as determined on the third Friday in September pupil count under s. 121.05 (1), Stats., in the school year following the grant application. If the funds under s. 20.255 (2) (dp), Stats., are insufficient to pay $3,000 per pupil, the funds shall be prorated.

(b) If, after awarding grants under par. (a), there are funds remaining, all other eligible applicants who are in their first year of 4K program implementation and not using community approaches shall receive up to $3,000 per pupil enrolled in the school district’s 4K program as determined on the third Friday in September pupil count under s. 121.05 (1), Stats., in the school year following the grant application. If the funds under s. 20.255 (2) (dp), Stats., are insufficient to pay $3,000 per pupil, the funds shall be prorated.

(2) Second year grant awards.

(a) Grant recipients under sub. (1) may receive a second year grant if the recipient submits to the department by November 7 of the school year following the receipt of the first year grant, an assurance on a form provided by the department, affirming that the program was and continues to meet the requirements under this subchapter.

(b) Second year grant applicants that meet the requirements under this subsection, may receive up to $1,500 per pupil enrolled in the school district’s 4K program as determined on the third Friday in September pupil count under s. 121.05 (1), Stats., in the second school year following the grant application.

(c) If the funds under s. 20.255 (2) (dp), Stats., are insufficient to pay $1,500 per pupil, the funds shall be prorated.

(d) The department shall give preference in awarding second year grants to first year grant recipients as described under sub. (1).

Note: PI-7801-R, Four-Year-Old Kindergarten (4K) Grant Renewal, may be obtained at no charge by writing to the Wisconsin Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 or by going to the department’s web site at https://dpi.wi.gov/early-childhood/kind/4k/start-up-grants.

History

EmR0805: emerg. cr. eff. 2-25-08; CR 08-018: cr. Register November 2008 No. 635, eff. 12-1-08; 2017 Wis. Act 93: renum. from PI 16.04 and am. (1) (a), (2) (a) Register December 2017 No. 744, eff. 1-1-18.

Subchapter VI Grants for Tribal Language Revitalization

Wis. Admin. Code § PI 38.31 Purpose {#sec-pi-38.31 omnilex-key=us-wi-regs-official--agency-pi--PI 38.31}

This subchapter sets forth criteria and procedures for awarding grants to eligible school districts, CESAs, and head start agencies to apply to the department for a grant under s. 115.745, Stats., for the purpose of supporting innovative, effective instruction in one or more American Indian languages. Funds are awarded from the appropriation under s. 20.255 (2) (km), Stats.

History

EmR0933: emerg. cr. eff. 12-15-09; CR 09-106: cr. Register May 2010 No. 653, eff. 6-1-10; 2017 Wis. Act 93: renum. from PI 39.01 and am. Register December 2017 No. 744, eff. 1-1-18; CR 18-035: am. Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § PI 38.32 Definitions {#sec-pi-38.32 omnilex-key=us-wi-regs-official--agency-pi--PI 38.32}

In this subchapter:

(1) “Head start agency” means an agency determined by the state superintendent to be eligible for designation under 42 USC 9836.

(2) “Tribal education authority” has the meaning given in s. 115.71 (5), Stats.

History

EmR0933: emerg. cr. eff. 12-15-09; CR 09-106: cr. Register May 2010 No. 653, eff. 6-1-10; 2017 Wis. Act 93: renum. from PI 39.02, consol. (intro.) and (5) and am., r. (1) to (4) Register December 2017 No. 744, eff. 1-1-18; CR 18-035: renum. to (intro.), (2), cr. (1) Register April 2019 No. 760, eff. 5-1-19; corrections in (1) and (2) made under s. 35.17, Stats., Register April 2019 No. 760.

Wis. Admin. Code § PI 38.33 Eligible applicants and application requirements {#sec-pi-38.33 omnilex-key=us-wi-regs-official--agency-pi--PI 38.33}

(1) Annually by March 1, a school board, consortium of school boards, CESA, or head start agency, in conjunction with a tribal education authority, may apply to the department for a grant for the purpose of supporting innovative, effective instruction in one or more American Indian languages.

(2) A program funded with a grant under this subchapter shall include one or more activities related to providing instruction in a tribal language as either a curricular or co-curricular offering. Funds may be used for activities including, but not limited to, curriculum design, creation of appropriate assessment instruments, professional development activities, language-focused parent and community engagement activities, instructional delivery, and program evaluation.

(3) An application under this section shall include all of the following:

(a) A needs assessment.

(b) A listing of the American Indian language or languages being supported.

(d) A description of the process used for identifying and selecting participating pupils.

(e) A description of the innovative instruction to be used in supporting the languages under par. (b).

(f) A list of measurable goals and objectives of the grant proposal.

(g) A description of the activities and timeline for the grant proposal, including a plan for continuation and growth of the program.

(h) A description of how the applicant will measure the effectiveness of the instruction.

(i) A description of the cost of the program.

(j) Evidence that the applicant is working in conjunction with a tribal education authority.

Note: PI-9930, American Indian Language Revitalization Grant Application, is available at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 or at http://dpi.wi.gov/amind/.

History

EmR0933: emerg. cr. eff. 12-15-09; CR 09-106: cr. Register May 2010 No. 653, eff. 6-1-10; 2017 Wis. Act 93: renum. from PI 39.03 and am. (1), (2), (3) (h) Register December 2017 No. 744, eff. 1-1-18; CR 18-035: am. (1) Register April 2019 No. 760, eff. 5-1-19.

Wis. Admin. Code § PI 38.34 Review of applications and awarding of grants {#sec-pi-38.34 omnilex-key=us-wi-regs-official--agency-pi--PI 38.34}

(1) The department shall establish funding limits annually based on the appropriation under s. 20.255 (2) (km), Stats., and inform school boards, CESAs, and head start agencies of these limits.

(2) The department shall review the applications submitted under this subchapter and shall determine which of the applications eligible for funding will receive grants based on the following criteria:

(a) The extent to which the program design and activities address the identified needs under s. PI 38.33 (3) (a).

(b) The extent to which the program design and activities are both innovative and appropriate to the purpose of the program funded by the grant and likely to make a measurable impact.

(c) The extent to which the measurable program goals, objectives and activities support the instruction in one or more American Indian languages.

(d) The extent to which the applicant met the requirements under s. PI 38.33.

History

EmR0933: emerg. cr. eff. 12-15-09; CR 09-106: cr. Register May 2010 No. 653, eff. 6-1-10; 2017 Wis. Act 93: renum. from PI 39.04 and am. (1), (2) (intro.), (a), (b), (d) Register December 2017 No. 744, eff. 1-1-18; CR 18-035: am. (1) Register April 2019 No. 760, eff. 5-1-19.

Subchapter VII School-Based Mental Health Services Grants

Wis. Admin. Code § PI 38.41 Purpose {#sec-pi-38.41 omnilex-key=us-wi-regs-official--agency-pi--PI 38.41}

Under s. 115.367, Stats., the department shall award grants to school boards and operators of independent charter schools under s. 118.40 (2r) and (2x), Stats., for the purpose of providing mental health promotion and early intervention, and treatment services to pupils in collaboration with mental health providers. This subchapter sets forth the eligibility criteria, required features, and allowable uses of funds under the school-based mental health services grant program.

History

CR 26-006: cr. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 38.42 Definitions {#sec-pi-38.42 omnilex-key=us-wi-regs-official--agency-pi--PI 38.42}

In this subchapter:

(1) “Community mental health agency” means a public or private entity that plans, coordinates, or delivers a continuum of mental health services and supports to children and adolescents, including prevention, screening, assessment, crisis response, treatment, recovery supports, school-based services, care coordination, and referral to other appropriate services.

(2) “Early intervention” means selected supports provided to students who have been identified through a systematic, equitable process as experiencing mild distress, mildly impaired functioning or as at-risk for a given problem or concern.

(3) “Grant recipient” means a school board, operator of an independent charter school under s. 118.40 (2r) and (2x), Stats., or consortium thereof, that is awarded a grant under this subchapter.

(4) “Mental health promotion” means activities that proactively promote developmental, behavioral, social and emotional wellbeing for all students, including those at risk for or experiencing a mental health challenge. “Mental health promotion” also includes activities such as professional development or staff training, and staff wellness programming.

(5) “Mental health provider” means a person or entity qualified under state law or rule to provide mental health treatment or services, including a licensed psychologist, licensed clinical social worker, licensed professional counselor, other licensed mental health practitioner, community mental health agency or other entity approved by the department.

(6) “Mental health treatment services” means prevention, early identification, assessment, intervention, treatment, consultation, or follow-up support designed to promote or maintain mental well-being of pupils. “Mental health treatment services” may include individual therapy, group therapy, behavioral intervention, consultation to school staff, care coordination, referrals, crisis intervention, or other services as approved by the department.

History

CR 26-006: cr. Register July 2026 No. 847, eff. 8-1-26; correction in (6) made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § PI 38.43 Distribution of funds {#sec-pi-38.43 omnilex-key=us-wi-regs-official--agency-pi--PI 38.43}

Notwithstanding subch. II, the department shall calculate each grant recipient’s grant award on a per-pupil basis, as determined in s. 115.367 (1m), Stats. Grant awards shall be paid to grant recipients annually and in a manner consistent with the amounts established in s. 115.367 (1m), Stats.

History

CR 26-006: cr. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 38.44 Allowable uses of funds {#sec-pi-38.44 omnilex-key=us-wi-regs-official--agency-pi--PI 38.44}

(1) Grant awards received under this subchapter shall be used for the provision of mental health services in collaboration with mental health providers, including the following purposes:

(a) Personnel costs, including salaries, wages for school-employed professionals implementing mental health promotion and early intervention and supporting coordination of treatment services.

(b) Screening and assessment tools and services.

(c) Mental health treatment services provided by mental health providers, including individual or group counseling, therapy, crisis intervention, or behavioral supports, not to exceed 20% of the total grant award received by a grant recipient.

(d) Professional development for school staff and mental health providers.

(e) Family engagement and training related to pupil mental health.

(f) Coordination and referral of services, including case management.

(g) Telehealth and technology infrastructure required to deliver services.

(h) Mental health-related curricula and associated materials.

(2) Grant awards received under this subchapter may not be used for any of the following purposes:

(a) General school operations or services delivered by persons other than mental health providers, except where staff are receiving professional development to support or coordinate the provision of mental health services.

(b) Construction or capital projects, unless expressly authorized by statute.

(d) Incentives, gifts, or entertainment.

History

CR 26-006: cr. Register July 2026 No. 847, eff. 8-1-26.

Chapter PI 40 EARLY COLLEGE CREDIT PROGRAM

Wis. Admin. Code § PI 40.01 Definitions {#sec-pi-40.01 omnilex-key=us-wi-regs-official--agency-pi--PI 40.01}

In this chapter:

(1) “Attended” means courses taken by pupils in an online, blended, or in-person format.

(1m) “Department” means the Wisconsin department of public instruction.

(1r) “Governing board of an independent charter school” means a governing board of an independent charter school authorized under s. 118.40 (2r) or (2x), Stats.

(2) “Governing body of a private school” has the meaning given under s. 118.55 (1) (b), Stats.

(3) “Institution of higher education” has the meaning given under s. 118.55 (1) (bm), Stats.

(4) “Parent” includes a guardian.

(5) “Participating private school” has the meaning given under s. 118.55 (1) (c), Stats.

(6) “State superintendent” means the state superintendent of public instruction.

History

EmR1825: emerg. cr. eff. 10-27-18; EmR1905: emerg. cr. eff. 2-5-19; CR 18-077: cr. Register May 2019 No. 761, eff. 6-1-19; CR 21-010: cr. (1m), (6) Register September 2021 No. 789, eff.10-1-21; CR 24-020: cr. (2r) Register July 2024 No. 823, eff. 8-1-24; (2r) renum. to (1r) under s. 13.92 (4) (b) 1., Stats., Register July 2024 No. 823.

Wis. Admin. Code § PI 40.02 Applicability {#sec-pi-40.02 omnilex-key=us-wi-regs-official--agency-pi--PI 40.02}

This chapter governs the early college credit program under s. 118.55, Stats., and is promulgated pursuant to s. 118.55 (9), Stats.

History

EmR1825: emerg. cr. eff. 10-27-18; EmR1905: emerg. cr. eff. 2-5-19; CR 18-077: cr. Register May 2019 No. 761, eff. 6-1-19.

Wis. Admin. Code § PI 40.03 Notification to school board, governing body of a private school, or governing board of an independent charter school {#sec-pi-40.03 omnilex-key=us-wi-regs-official--agency-pi--PI 40.03}

A pupil intending to enroll in an institution of higher education under s. 118.55, Stats., shall provide the notice under s. 118.55 (3) (a), Stats., by the following dates:

(1) By February 1 if the pupil intends to enroll in the summer semester or session.

(2) By March 1 if the pupil intends to enroll in the fall semester.

(3) By October 1 if the pupil intends to enroll in the spring semester.

History

EmR1825: emerg. cr. eff. 10-27-18; EmR1905: emerg. cr. eff. 2-5-19; CR 18-077: cr. Register May 2019 No. 761, eff. 6-1-19; CR 24-020: am. (title) Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § PI 40.04 Undue financial burden {#sec-pi-40.04 omnilex-key=us-wi-regs-official--agency-pi--PI 40.04}

The department shall determine under s. 118.55 (6) (c) 2., Stats., that paying 25 percent of the cost of a course is an undue financial burden on a pupil’s family if the pupil is eligible for free or reduced price lunch under 42 USC 1758 (b) (1).

History

EmR1825: emerg. cr. eff. 10-27-18; EmR1905: emerg. cr. eff. 2-5-19; CR 18-077: cr. Register May 2019 No. 761, eff. 6-1-19.

Wis. Admin. Code § PI 40.05 Transportation reimbursement {#sec-pi-40.05 omnilex-key=us-wi-regs-official--agency-pi--PI 40.05}

(1) Request form. A parent seeking reimbursement of transportation costs under s. 118.55 (7g), Stats., shall file the request on a form provided by the department. The request shall be filed with the department by July 15 following the school year in which the transportation was provided.

(2) Mode of transportation.

(a) The state superintendent may only reimburse a parent under s. 118.55 (7g), Stats., for the cost of using a private vehicle if public transportation is unavailable or using public transportation would prevent the pupil from being able to attend the institution of higher education.

(b) The state superintendent may only reimburse a parent under s. 118.55 (7g), Stats., for a mode of transportation other than public transportation and a private vehicle if all of the following apply:

Public transportation is unavailable or using public transportation would prevent the pupil from being able to attend the institution of higher education.
The pupil or the pupil’s parent do not have access to a private vehicle.

(3) Priority of reimbursement. If adequate funds are not available under s. 20.255 (2) (cy), Stats., to reimburse each eligible request for reimbursement under this section and s. 118.51 (14) (b), Stats., the state superintendent shall make reimbursements as follows:

(a) The state superintendent shall first fully reimburse each family eligible for free or reduced price lunch under 42 USC 1758 (b) (1) or, if there are insufficient funds, on a prorated basis.

(b) If there are funds remaining after fully reimbursing families under par. (a) and under s. 118.51 (14) (b), Stats., the state superintendent shall reimburse any remaining requests for reimbursement fully or, if there are insufficient funds, on a prorated basis.

Note: The Early College Credit Program Transportation Reimbursement Application online form is available on the Department’s open enrollment website at: https://dpi.wi.gov/open-enrollment.

History

EmR1825: emerg. cr. eff. 10-27-18; EmR1905: emerg. cr. eff. 2-5-19; CR 18-077: cr. Register May 2019 No. 761, eff. 6-1-19.

Wis. Admin. Code § PI 40.06 Determination of credit {#sec-pi-40.06 omnilex-key=us-wi-regs-official--agency-pi--PI 40.06}

(1) Awarding credit.

(a) A school board, governing body of a private school, or governing board of an independent charter school may deny high school credit for a postsecondary course attended under s. 118.55, Stats., if any of the following apply:

The postsecondary course is comparable to a course offered by the school district, private school, or independent charter school in which the student is enrolled, as determined under sub. (2).
At least 80 percent of the postsecondary course covers content for which the pupil has already received high school credit.
The postsecondary course covers content previously offered to the pupil in a different postsecondary course under s. 118.55, Stats., and the pupil received a failing grade in that course.

(b) Except as provided under par. (a), a school board shall grant high school credit for a course attended under s. 118.55, Stats., if the postsecondary course meets any high school graduation requirement under s. 118.33, Stats., including any requirement contained in the school board’s policy required under s. PI 18.05 (1), or if the course fulfills any elective requirement.

(c) Except as provided under par. (a), a governing body of a private school shall grant high school credit for a course attended under s. 118.55, Stats., if the postsecondary course meets any high school graduation requirement.

(cm) Except as provided under par. (a), a governing board of an independent charter school shall grant high school credit for a course attended under s. 118.55, Stats., if the postsecondary course meets any criteria for granting a high school diploma, including any criteria contained in the charter school’s policy under s. 118.33 (1) (f) 2., Stats.

(d) A school board, governing body of a private school, and governing board of an independent charter school shall evaluate a postsecondary course for high school credit under this subsection using the same method and criteria it would to approve a course the school board, governing body of a private school, or governing board of an independent charter school offered for high school credit.

(2) Comparability. A postsecondary course is comparable to a course offered by a high school if all of the following apply to the high school course:

(a) The high school course is offered or will be offered between the date the pupil submits a notice under s. 118.55 (3) (a), Stats., and the date the pupil is expected to graduate from high school.

(b) The content of the high school course is at least 80 percent equivalent to the content of the postsecondary course. A determination under this paragraph shall be made by comparing, if available, the curriculum guide, course expectations, course goals, and the scope and sequence of the high school course to the course syllabus, if available, and course description for the postsecondary course.

(3) Notification of appeal rights.

(a) A school board’s written notification under s. 118.55 (3) (b), Stats., regarding comparability of courses, satisfaction of high school graduation requirements, or the number of high school credits to be awarded shall inform the pupil of the right to appeal the school board’s decision to the state superintendent within 30 days of the decision.

(b) A governing body of a private school’s written notification under s. 118.55 (3) (b), Stats., regarding comparability of courses, satisfaction of high school graduation requirements, or the number of high school credits to be awarded shall inform the pupil of the right to appeal the governing body’s decision to the governing body within 30 days of the decision.

(c) A governing board of an independent charter school’s written notification under s. 118.55 (3) (b), Stats., regarding comparability of courses, satisfaction of high school graduation requirements, or the number of high school credits to be awarded shall inform the pupil of the right to appeal the governing board’s decision to the governing board within 30 days of the decision.

History

EmR1825: emerg. cr. eff. 10-27-18; EmR1905: emerg. cr. eff. 2-5-19; CR 18-077: cr. Register May 2019 No. 761, 6-1-19; CR 24-020: am. (1) (a) (intro.), 1., cr. (1) (cm), am. (1) (d), cr. (3) (c) Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § PI 40.07 Appeals {#sec-pi-40.07 omnilex-key=us-wi-regs-official--agency-pi--PI 40.07}

The state superintendent shall review appeals made under s. 118.55 (3) (b), Stats., using the procedures under ss. PI 1.03 and 1.04 (9).

History

EmR1825: emerg. cr. eff. 10-27-18; EmR1905: emerg. cr. eff. 2-5-19; CR 18-077: cr. Register May 2019 No. 761, eff. 6-1-19.

Chapter PI 41 ACCOMMODATION OF RELIGIOUS BELIEFS

Wis. Admin. Code § PI 41.01 Authority {#sec-pi-41.01 omnilex-key=us-wi-regs-official--agency-pi--PI 41.01}

This chapter is adopted under ss. 115.28 (31) and 227.11 (2) (a), Stats.

History

Cr. Register, November, 1992, No. 443, eff. 12-1-92.

Wis. Admin. Code § PI 41.02 Purpose {#sec-pi-41.02 omnilex-key=us-wi-regs-official--agency-pi--PI 41.02}

This chapter establishes procedures for compliance with s. 115.28 (31), Stats., which provides for the reasonable accommodation of a pupil’s sincerely held religious beliefs with regard to all examinations and other academic requirements.

History

Cr. Register, November, 1992, No. 443, eff. 12-1-92.

Wis. Admin. Code § PI 41.03 Definitions {#sec-pi-41.03 omnilex-key=us-wi-regs-official--agency-pi--PI 41.03}

In this chapter:

(1) “Board” means school board as defined in s. 115.001 (7), Stats.

(2) “State superintendent” means the state superintendent of public instruction for the state of Wisconsin.

History

Cr. Register, November, 1992, No. 443, eff. 12-1-92.

Wis. Admin. Code § PI 41.04 Policies {#sec-pi-41.04 omnilex-key=us-wi-regs-official--agency-pi--PI 41.04}

(1) Each board shall develop policies providing for the reasonable accommodation of a pupil’s sincerely held religious beliefs with regard to all examinations and other academic requirements. The policies may be incorporated into the policies under s. PI 9.03 and shall provide for all of the following:

(a) Annual written notification to all pupils, the parent or guardian of minor pupils, and instructors of the rules and complaint process.

(b) A means by which a pupil or parent or guardian of a minor pupil can conveniently and confidentially notify the building principal or the building principal’s designee of potential conflicts.

(c) A means by which a pupil is permitted to make up an examination or academic requirements at another time or by an alternative means without any prejudicial effect.

(d) A procedure for receiving and resolving complaints within each school district which may be incorporated into the complaint procedure specified under s. PI 9.04 or which contains the provisions specified in s. PI 41.05.

(2) The policies shall be adopted by the board following a public hearing or an opportunity for public commentary at a board meeting.

History

Cr. Register, November, 1992, No. 443, eff. 12-1-92; CR 26-006: am. (1) (b) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § PI 41.05 Complaint procedure {#sec-pi-41.05 omnilex-key=us-wi-regs-official--agency-pi--PI 41.05}

(1) A board which does not incorporate a complaint procedure under s. PI 9.04, shall provide for all of the following:

(a) Designation of an employee of the school district to receive complaints alleging violations of s. 115.28 (31), Stats.

(b) A procedure for receiving and resolving complaints under s. 115.28 (31), Stats., and this chapter, including a provision for written acknowledgement within 45 days of receipt of a written complaint and a determination of the complaint within 90 days of receipt of the written complaint unless the parties agree to an extension of time.

(c) Notice to a complainant of the right to appeal a negative determination by the school board to the state superintendent and of the procedures for making the complaint or appeal under ch. PI 9.

(2) The complainant may file a complaint with, or appeal directly to, the state superintendent if the board has not complied with the provisions of sub. (1) (b).

History

Cr. Register, November, 1992, No. 443, eff. 12-1-92.

Chapter PI 42 REPORTING OF INCIDENTS RESULTING IN CHARGES OR CITATIONS

Wis. Admin. Code § PI 42.01 Purpose and applicability {#sec-pi-42.01 omnilex-key=us-wi-regs-official--agency-pi--PI 42.01}

This chapter establishes requirements for school boards of public schools, operators of charter schools under s. 118.40 (2r) or (2x), Stats., and governing bodies of private schools participating in a parental choice program under s. 118.60 or 119.23, Stats., that operate high school grades, to collect and report statistics of incidents for which charges were filed or citations were issued, as required by s. 118.124, Stats. This chapter establishes procedures for collecting and reporting incident statistics and outlines the responsibilities of the department in developing a reporting system pursuant to s. 118.124, Stats.

History

CR 25-067: cr. Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 42.02 Definitions {#sec-pi-42.02 omnilex-key=us-wi-regs-official--agency-pi--PI 42.02}

In this chapter:

(1) “Confirmed incident” means a charge or citation that, after review by a reporting school, is determined to meet the definition of an incident under this chapter.

(2) “Department” means the department of public instruction.

(3) “Incident” has the meaning given in s. 118.124 (2), Stats.

(4) “Notice of a charge or citation” means any of the following:

(a) For adult criminal charges, notice from a credible source including, but not limited to, the district attorney’s office pursuant to s. 950.08 (2w), Stats.

(b) For juvenile delinquency charges, notice from the clerk of courts.

(c) For municipal citations or forfeiture actions under juvenile court jurisdiction, notice from a law enforcement agency per an interagency agreement between the law enforcement agency and the reporting school pursuant to s. 938.396 (1) (c) 4., Stats.

(d) For municipal citations or forfeiture actions under municipal court or circuit court jurisdiction, notice from a law enforcement agency per an interagency agreement between the law enforcement agency and the school.

(5) “Potentially reportable,” when referring to a charge or citation, means the charge or citation falls within a category listed under s. 118.124 (2) (a), Stats., and the charge or citation possibly satisfies the criteria under s. 118.124 (2) (b), Stats.

Note: Information about collecting and reporting incident statistics, including guidance on determining whether a charge falls within a category under s. 118.124 (2) (a), Stats., and meets the criteria under s. 118.124 (2) (b), Stats., may be obtained at no charge from the Wisconsin department of public instruction’s webpage at https://dpi.wi.gov/sspw/safe-schools/criminal-charges-and-violations-reporting-requirement. School officials being unaware of a similar offense having occurred on school grounds does not necessarily mean that a charge or citation fails to satisfy the criteria under s. 118.124 (2) (b), Stats.

(6) “Reporting school” means one of the following schools that operate high school grades:

(a) A participating private school, as defined under s. 118.124 (1) (a), Stats., or its governing body.

(b) A public high school, as defined under s. 118.124 (1) (b), Stats., or its governing body.

History

CR 25-067: cr. Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 42.03 Incident data reporting requirements {#sec-pi-42.03 omnilex-key=us-wi-regs-official--agency-pi--PI 42.03}

(1) Procedure for review. Upon receiving notice of a charge or citation, as notice of a charge or citation is defined in this chapter, a reporting school shall, for each charge or citation that is potentially reportable, determine whether the potentially reportable charge or citation meets the criteria under s. 118.124 (2) (b), Stats. The reporting school shall not reference its own records or conduct an independent investigation and shall review the factual basis of each potentially reportable charge or citation to determine whether the potentially reportable charge or citation meets the criteria under s. 118.124 (2) (b), Stats., by consulting any of the following sources, if applicable and available:

(a) The criminal complaint.

(b) The delinquency petition.

(d) A credible source, which may include a prosecuting attorney or an attorney representing the defendant, a school official when the school is a victim of the charge, or a person subpoenaed to testify in the court case, who has sufficient knowledge of the circuit court case or municipal court case and the facts underlying the charge or citation in the court case, and who may lawfully disclose the information.

(2) Reporting confirmed incidents. For each separate charge or citation that meets the definition of an incident, as confirmed by review of the factual basis pursuant to sub. (1), the reporting school shall include the incident in its annual report in accordance with sub. (3).

(3) Annual reporting. By July 31 of each year, each reporting school shall submit to the department, using an electronic form provided by the department, statistics on incidents that were confirmed incidents pursuant to sub. (1). The statistics shall be submitted in accordance with all the following:

(a) For each separate charge or citation that was a confirmed incident, report one incident for the respective category listed under s. 118.124 (2) (a), Stats.

(b) The reporting year for an incident depends on the date the reporting school receives sufficient information to perform the review under sub. (1) and is determined as follows:

If sufficient information is received by June 30 of any calendar year, the incident shall be reported no later than July 31 of the same calendar year.
If sufficient information is received on or after July 1 of any calendar year, the incident shall be reported by July 31 of the following calendar year.

(d) Notwithstanding pars. (a) and (b), a reporting school shall not disclose personally identifying information about a student in violation of 34 CFR part 99 when making a report under this subsection.

Note: Criminal complaints and some juvenile delinquency petitions are available upon request from the clerk of courts. Law enforcement agency access to juvenile court records, including the delinquency petition, is limited to specific purposes. See ss. 938.396 (2) and (2g), Stats. Information about collecting and reporting incident statistics, including guidance on how to obtain the factual basis of a charge or citation, may be obtained at no charge from the Wisconsin department of public instruction’s webpage at https://dpi.wi.gov/sspw/safe-schools/criminal-charges-and-violations-reporting-requirement.

History

CR 25-067: cr. Register June 2026 No. 846, eff. 7-1-26; correction in (3) (c), (d) made under s. 35.17, Stats., Register June 2026 No. 846.

Wis. Admin. Code § PI 42.04 Department responsibilities {#sec-pi-42.04 omnilex-key=us-wi-regs-official--agency-pi--PI 42.04}

(1) The department shall develop and maintain a reporting system that incorporates the incident categories specified under s. 118.124 (2) (a), Stats., to facilitate the submission of incident statistics in accordance with ss. 118.124 (3), Stats., and PI 42.03.

(2) The department shall publish the data listed in ss. 115.385 (1) (e) 1. to 4., Stats., deriving the data from the incidents that were reported to the department pursuant to s. PI 42.03. The data shall be published in the annual school and school district accountability reports issued under s. 115.385, Stats.

(3) The department shall not consider the incidents reported to the department under s. PI 42.03 when calculating a school’s performance score or a school district’s improvement score under s. 115.385, Stats.

History

CR 25-067: cr. Register June 2026 No. 846, eff. 7-1-26; correction in (2) made under s. 35.17, Stats., Register June 2026 No. 846.

Chapter PI 43 EDUCATION REFORM

Wis. Admin. Code § PI 43.01 Purpose {#sec-pi-43.01 omnilex-key=us-wi-regs-official--agency-pi--PI 43.01}

Pursuant to s. 118.42, Stats., this chapter establishes criteria and procedures for determining whether a school or school district is in need of improvement and whether a school is among the lowest performing 5 percent of public schools in the state.

History

EmR1023: emerg. cr., eff. 6-28-10; CR 10-075: cr. Register November 2010 No. 659, eff. 12-1-10; CR 19-069: r. (1), renum. (2) to PI 43.01 and am. Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § PI 43.02 Definitions {#sec-pi-43.02 omnilex-key=us-wi-regs-official--agency-pi--PI 43.02}

In this chapter:

(1) “AYP” means adequate yearly progress described in Wisconsin’s state plan required under 20 USC 6311 and approved by the U.S. department of education.

(2) “Department” means the Wisconsin department of public instruction.

(3) “School year” means the time commencing with July 1 and ending with the next succeeding June 30.

(4) “State superintendent” means the state superintendent of public instruction.

Note: Wisconsin’s state plan required under 20 USC 6311 is available at: http://dpi.wi.gov/esea/pdf/wiaw.pdf.

History

EmR1023: emerg. cr., eff. 6-28-10; CR 10-075: cr. Register November 2010 No. 659, eff. 12-1-10; renumbering of (3), (4) made under s. 13.92 (4) (b) 1., Stats., Register November 2010 No. 659.

Wis. Admin. Code § PI 43.03 Determination of in need of improvement and lowest performing {#sec-pi-43.03 omnilex-key=us-wi-regs-official--agency-pi--PI 43.03}

(1) School district determination. A school district shall be considered in need of improvement if the school district does not meet adequate yearly progress in the objective criteria described in Wisconsin’s state plan required under 20 USC 6311 and approved by the U.S. department of education.

(2) Public school determination.

(a) A public school shall be considered in need of improvement if the school does not meet adequate yearly progress in the objective criteria described in Wisconsin’s state plan required under 20 USC 6311 and approved by the U.S. department of education.

(b) A public school shall be considered among the lowest performing 5 percent of public schools in the state in the previous school year if it meets the definition of persistently lowest-achieving schools provided in Wisconsin’s school improvement fund application approved by the U.S. department of education and funded subject to meeting school improvement requirements under 20 USC 6303(g).

History

EmR1023: emerg. cr., eff. 6-28-10; CR 10-075: cr. Register November 2010 No. 659, eff. 12-1-10.

Chapter PI 45 USE OF RACE-BASED NICKNAMES, LOGOS, MASCOTS, AND TEAM NAMES

Wis. Admin. Code § PI 45.01 Purpose {#sec-pi-45.01 omnilex-key=us-wi-regs-official--agency-pi--PI 45.01}

(1) Section 118.134 (1), Stats., allows a school district resident to object to the use of a race-based nickname, logo, mascot, or team name by the school board of that school district by filing a complaint with the state superintendent.

(2) Under s. 118.134 (4), Stats., the state superintendent is required to promulgate rules necessary to implement and administer s. 118.134, Stats.

History

CR 15-012: cr. Register August 2015 No. 716, eff. 9-1-15.

Wis. Admin. Code § PI 45.02 Definitions {#sec-pi-45.02 omnilex-key=us-wi-regs-official--agency-pi--PI 45.02}

In this chapter:

(1) “Bias” means an inclination for or against a person or group of persons based, in whole or in part, on race that inhibits impartial or objective judgment affecting pupils.

(2) “Department” means the Wisconsin department of public instruction.

(3) “Discrimination” means any action, policy, or practice, including bias, stereotyping, and pupil harassment, that is detrimental to a person or group of persons and differentiates or distinguishes among persons, or which limits or denies a person or group of persons opportunities, privileges, roles, or rewards based, in whole or in part, on race, or which perpetuates the effects of past discrimination based in whole or in part on race.

(4) “Division” means the division of hearings and appeals in the department of administration.

(5) “Elector” means a U.S. citizen age 18 or older who resides in the school district.

(6) “Federally recognized American Indian tribe” means a tribal entity recognized and eligible for funding and services from the bureau of Indian affairs by virtue of its status as an Indian tribe.

(7) “Logo” means any written, printed, graphic or photographic, badge, emblem, caricature, image, statue, artifact, or other symbolic depiction representative of or in any way connected to the identity of a school, school district, or school board.

(8) “Mascot” means a person, costume, insignia, dance, song, rhythmic beat, or any other object or thing representative of or in any way connected to the identity of a school, school district, or school board.

(9) “Membership” has the meaning given in s. 121.004 (5), Stats.

(10) “Nickname” means any name, title, label, word, or any other designation of any kind representative of or in any way connected to the identity of a school, school district, or school board, but does not include the official name of a school or school district.

(11) “Pupil harassment” means behavior towards pupils based, in whole or in part, on race, that substantially interferes with a pupil’s school performance or creates an intimidating, hostile, or offensive school environment.

(12) “School board” means the school board in charge of the public schools of a district.

(13) “School district” has the meaning given in s. 115.01 (3), Stats.

(14) “Stereotyping” means attributing behaviors, abilities, interests, values, and roles to a person or group of persons on the basis, in whole or in part, of their race.

(15) “Use” includes adoption of nicknames, logos, mascots, or team names by a school district board as representative of or in any way connected to the identity of a school, district, or board or the display of nicknames, logos, mascots, or team names at any school or school sponsored event.

History

CR 15-012: cr. Register August 2015 No. 716, eff. 9-1-15.

Wis. Admin. Code § PI 45.03 Complaint procedures {#sec-pi-45.03 omnilex-key=us-wi-regs-official--agency-pi--PI 45.03}

(1) A complaint filed under s. 118.134 (1), Stats., shall be submitted to the state superintendent in writing and include all of the following information:

(a) The complainant’s contact information.

(b) A statement that the complainant is a resident of the school district to which the complaint is directed.

(c) Signatures, obtained within the 120 day period before the complaint is filed, of school district electors equal to at least 10 percent of the school district’s membership.

(2) Upon receipt of a complaint, the state superintendent shall notify the school district of the complaint, and direct the school board to submit, if applicable, the information under sub. (3).

(3) If applicable, within 10 days of receiving the notice under sub. (2), the school board shall submit evidence of the following:

(a) The school board has a written agreement with a federally recognized American Indian tribe that has historical ties to the state that grants approval to the school board to use the nickname, logo, mascot, or team name used by the school board.

(b) The use of the nickname, logo, mascot, or team name that has been approved by a tribe under par. (a) is the use to which the school district resident objects in the complaint.

(4)

(a) Except as specified under par. (b), the state superintendent shall refer the complaint to the division for a contested case hearing.

(b) The state superintendent may determine that no contested case hearing is necessary if the board provides the information under sub. (3).

(c) If the state superintendent determines a contested case hearing is not necessary, the state superintendent shall notify the complainant of this decision in writing.

History

CR 15-012: cr. Register August 2015 No. 716, eff. 9-1-15.

Chapter PI 47 EQUIVALENCY PROCESS FOR EDUCATOR EFFECTIVENESS

Wis. Admin. Code § PI 47.01 Purpose {#sec-pi-47.01 omnilex-key=us-wi-regs-official--agency-pi--PI 47.01}

(1) The state educator effectiveness system evaluates educators based on two components: educator practice and student outcomes. The department recognizes that any one model for evaluating educator practice might not suit every school district or charter school established under s. 118.40 (2r), Stats. Therefore, the department has developed an application process for school districts, consortia of school districts, and charter schools established under s. 118.40 (2r), Stats., that wish to use alternative models to measure teacher and principal practice.

(2) Under s. 115.415 (3), Stats., the department must evaluate for approval any alternative model from a school district, consortium of school districts, or charter school established under s. 118.40 (2r), Stats. This chapter establishes the process by which an alternative model may be approved based on its alignment with the state standards.

History

CR 13-024: cr. Register November 2013 No. 695, eff. 12-1-13.

Wis. Admin. Code § PI 47.02 Definitions {#sec-pi-47.02 omnilex-key=us-wi-regs-official--agency-pi--PI 47.02}

In this chapter:

(1) “Alternative model” means an alternative process for the evaluation of teacher and principal practice that is aligned to the state educator effectiveness model.

(2) “Department” means the Wisconsin department of public instruction.

(3) “Participant” means a school district, consortium of school districts, or charter school established under s. 118.40 (2r), Stats., whose alternative model has been approved by the department.

(4) “Principal” means the individual who serves as the administrator of a school.

(5) “Public schools” has the meaning defined in s. 115.01 (1), Stats.

(6) “Rubrics” means the tool supporting systematic, objective evaluation of educator practice during an observation of educator practice.

(7) “School district” has the meaning defined in s. 115.01 (3), Stats.

(8) “School year” has the meaning defined in s. 115.001 (13), Stats.

(9) “State educator effectiveness model” means the model for evaluating educator practice that is part of the state educator effectiveness system.

(10) “Teacher” means any employee engaged in the exercise of any educational function for compensation in the public schools, including charter schools as defined in s. 115.001 (1), Stats., whose primary responsibilities include all of the following:

(a) Instructional planning and preparation.

(b) Managing a classroom environment.

History

CR 13.024: cr. Register November 2013 No. 695, eff. 12-1-13.

Wis. Admin. Code § PI 47.03 General requirements for applicants {#sec-pi-47.03 omnilex-key=us-wi-regs-official--agency-pi--PI 47.03}

(1) Eligibility. Any school district, consortium of school districts, or charter school established under s. 118.40 (2r), Stats., may notify the state superintendent in writing of its intent to apply for a review of a proposed alternative model.

(2) Application demonstrations. As part of the review process, applicants shall demonstrate the following:

(a) For the teacher evaluation model, the alignment of framework and rubrics to the Interstate Teacher Assessment and Support Consortium standards and to each of the following four domains:

Planning and preparation.
Classroom environment.
Instruction.
Professional responsibilities.

(b) For the principal evaluation model, the alignment of framework and rubrics to the Interstate School Leaders Licensure Consortium standards.

The research base supporting the alternative model and its rubrics have valid and reliable results.
The rubrics have four performance levels with clearly delineated, observable differences between levels which align to the state educator effectiveness model’s performance levels.
The alternative model includes the same minimum number and type of observations and evaluations as the state educator effectiveness model.
The alternative model specifies how formative and summative feedback will inform the educator’s professional growth plan.
The alternative model includes the development and implementation of a comprehensive orientation and training program for evaluators that certifies the evaluator’s understanding of the evaluation model and processes and supports consistency among evaluators. The alternative model also specifies how and when evaluator recertification will be required.
The alternative model includes the development and implementation of ongoing processes to monitor and improve consistency among evaluators.

(3) Assurances. As part of the review process for alternative models, applicants shall agree to the following:

(a) Applicants shall report teacher-level, school-level, and district-level data required by the department within guidelines established by the department.

(b) Applicants shall transfer data electronically to the department according to the methods prescribed by the department.

(c) Applicants shall annually participate in a statewide evaluation conducted by an independent, non-biased external evaluator chosen by the department.

(d) Applicants shall implement any corrective actions required by the department if the department determines there is credible evidence indicating that a school, school district, consortium of school districts, or charter school established under s. 118.40 (2r), Stats., is no longer in compliance with the requirements of this chapter.

(4) Timeline. Applicants shall meet the following deadlines in the year preceding the school year in which the alternative model is intended to be used in order to be considered for approval by the department:

(a) Any school district, consortium of school districts, or charter school established under s. 118.40 (2r), Stats., that is planning to submit an application for an alternative model shall provide written notification to the department of its intention on or before January 15. The notification shall include the name and contact information for the staff member responsible for the application.

(b) Applicants shall submit all applications on or before March 15. Applications shall include a completed Equivalency Review Process Application form and all supporting evidence to the department.

Note: The Equivalency Review Process Application form may be obtained at no charge from the Department of Public Instruction, Educator Effectiveness Team, P.O. Box 7841, Madison, WI 53707-7841.

(5) Re-approval. A participant shall reapply for approval for the following school year if its alternative model is modified or the requirements under this chapter are changed. The department shall provide notice to all participants if the requirements of this chapter are changed.

History

CR 13-024: cr. Register November 2013 No. 695, eff. 12-1-13.

Wis. Admin. Code § PI 47.04 General requirements for department {#sec-pi-47.04 omnilex-key=us-wi-regs-official--agency-pi--PI 47.04}

(1) The department shall make the final decision of whether to approve an alternative model. The department may engage external stakeholders to participate in the review process.

(2) The department shall notify an applicant in writing of the status of that applicant’s alternative model on or before April 15 in the year preceding the school year in which the alternative model is intended to be used.

(3) If the department does not approve an application, an applicant will have an opportunity to submit additional evidence and supporting documents until May 15. If the department does not approve the application by June 15, the applicant shall continue implementing the state educator effectiveness model or join and implement a participant’s alternative model within the timeframe prescribed by the department. The applicant may reapply the following year.

History

CR 13-024: cr. Register November 2013 No. 695, eff. 12-1-13.

Wis. Admin. Code § PI 47.05 Corrective action {#sec-pi-47.05 omnilex-key=us-wi-regs-official--agency-pi--PI 47.05}

(1) The department may order a participant to implement corrective action specified by the department if the department determines one of the following:

(a) There is credible evidence indicating that a participant is no longer in compliance with the requirements of this chapter.

(b) The participant’s model produces unreliable or inconsistent results.

(2) If a participant fails to implement all corrective actions in the timeline specified by the department, the department may rescind approval of that participant’s alternative model.

(3) If the department rescinds approval of a participant’s alternative model, the participant shall adopt the state educator effectiveness model or join and implement another participant’s alternative model within the timeframe prescribed by the department. The participant may reapply the following year.

History

CR 13-024: cr. Register November 2013 No. 695, eff. 12-1-13.

Chapter PI 48 RACINE AND WISCONSIN PARENTAL CHOICE PROGRAMS

Wis. Admin. Code § PI 48.01 Purpose {#sec-pi-48.01 omnilex-key=us-wi-regs-official--agency-pi--PI 48.01}

Any qualified pupil in grades kindergarten to 12 who meets the requirements under s. 118.60 (2) (a), Stats., may attend any school participating in the Racine parental choice program or Wisconsin parental choice program under s. 118.60, Stats. This chapter establishes approval criteria and requirements for schools participating in the choice programs under s. 118.60, Stats., and requirements for receipt of state aid under s. 118.60 (4) and (4m), Stats.

History

EmR1608: emerg. cr. eff. 1-30-16; CR 16-006: cr. Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § PI 48.02 Definitions {#sec-pi-48.02 omnilex-key=us-wi-regs-official--agency-pi--PI 48.02}

In this chapter:

(3) “Choice administrator” means the person designated as such on the notice of intent to participate form under s. PI 48.03 (3) or 48.04 (1) (a) or on the form under s. PI 48.04 (2).

(4) “Choice program” means a program established under s. 118.60, Stats.

(5) “Classroom records” means teacher-originated test scores, report cards, progress reports, and attendance records.

(6) “Count date” means the third Friday in September and the second Friday in January except as provided under s. 121.05 (3m), Stats.

(8) “Department” means the Wisconsin department of public instruction.

(9) “Eligible education expenses” has the meaning given in s. 118.60 (7) (am) 1m., Stats.

(11) “Financially viable” or “financial viability” means the ability of the school to pay for goods and services, make debt service payments, and pay other obligations as they become due.

(12) “First time participant” means a school that meets one of the following criteria:

The school voluntarily withdrew from participation in a program under s. 118.60 or 119.23, Stats.
The state superintendent issued an order terminating or barring the school’s participation in a program under s. 118.60 or 119.23, Stats.

(13) “Generally accepted auditing standards” means the auditing standards prescribed by the accounting examining board under s. Accy 1.202.

(15) “New private school” means a private school that meets either of the requirements in s. 118.60 (1) (bn) 1. a. or b., Stats., for the 12 months immediately preceding either of the dates the school would be required to submit the information under s. PI 48.04 (1) and (2), except as provided under s. 118.60 (1) (bn) 2., Stats.

(17) “Parent” means a parent listed on the pupil application submitted under s. PI 48.05 who is one of the following:

(b) If no individual meets the requirements in par. (a), an individual who has the legal authority to make educational decisions for the pupil.

(18) “Professional standards” means all of the following:

(a) Standards established by the accounting examining board under ch. 442, Stats.

(b) Standards issued by the comptroller general of the United States for engagements in which the use of generally accepted governmental auditing standards is required.

(19) “Racine parental choice program” means the program established under s. 118.60, Stats., for pupils residing in the Racine Unified School District.

(20) “Reserve” means the difference between the revenue received under ss. 118.60 and 119.23, Stats., and the amount of net eligible education expenses for pupils participating in a program under ss. 118.60 and 119.23, Stats.

(21) “School term” has the meaning given in s. 115.001 (12), Stats.

(22) “School year” has the meaning given in s. 115.001 (13), Stats.

(22g) “Special needs scholarship program excluded expenses” means eligible education expenses included under s. PI 49.09 (3) (a) and costs included as eligible in any statements provided under s. 115.7915 (4c), Stats., incurred in that school year.

(22r) “Standard financial audit” means the audit required under ss. 118.60 (7) (am) and 119.23 (7) (am), Stats., for a school that annually received a total of at least $100,000 under ss. 115.7915, 118.60, and 119.23, Stats., in any school year.

(23) “Standardized achievement test” means a published, nationally normed test that provides a valid and reliable measure of a pupil’s present achievement level in comparison with age or grade level cohorts.

(24) “State superintendent” means the state superintendent of public instruction.

(25) “Wisconsin parental choice program” means the program established under s. 118.60, Stats., for pupils who reside in Wisconsin but do not reside in the Racine Unified School District or in the city of Milwaukee.

(26) “Working papers” means the record of the audit procedures performed by the auditor, the relevant audit evidence obtained by the auditor, and the conclusions reached by the auditor.

History

EmR1608: emerg. cr. eff. 1-30-16; CR 16-006: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (3) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-121: r. (2), am. (10), (12) (a), (b) (intro.), r. (14), cr. (14m), am. (15), cr. (22g), (22r) Register May 2020 No. 773, eff. 6-1-20; EmR2513: emerg. r. (1), eff. 9-9-25; CR 25-071: r. (1) Register February 2026 No. 842, eff. 3-1-26.

Wis. Admin. Code § PI 48.03 School requirements {#sec-pi-48.03 omnilex-key=us-wi-regs-official--agency-pi--PI 48.03}

(1) Private school. A school participating in the choice program shall be a private school as defined in s. 118.165, Stats.

(2) Choice administrator. The choice administrator shall be one of the following:

(a) An owner of the school.

(b) An individual appointed as the school’s choice administrator by the governing body of the organization operating the school.

(3) Notice of intent to participate. Except as provided under s. PI 48.04 (1) for new private schools, annually by January 10, a school that intends to participate in the choice program in the following school year shall file with the department a notice of intent to participate. The notice shall include all of the following:

(a) The school’s plan for ensuring it will select pupils on a random basis from a new pool of applicants each school year, as required under s. 118.60 (3) (a), Stats. The school’s plan shall be one of the following:

The plan provided by the department.
A plan provided by the school and approved by the department. A school using this option shall file the plan with the department for approval by January 10. If the school does not provide a plan by January 10 or the plan is not approved by the department by January 31, the school shall use the plan provided by the department. If the school makes a change to the plan in a subsequent school year, the school shall file, with the school’s notice of intent to participate, the revised plan for approval.

(b) The number of spaces the school has available for pupils participating in each choice program in which the school participates.

(d) The open application periods during which the school will accept choice program pupil applications. After January 10, a school may not amend the open application periods it selects.

(e) For first time participants, the name and location of the accredited institution of higher education from which the choice administrator received at least a bachelor’s degree and the date the degree was received, the number of the choice administrator’s teaching or administrator license issued by the department, or an indication that the administrator is excluded from the requirement under s. 118.60 (2) (c) 2., Stats.

(f) The signature and mailing address of the choice administrator.

(5) Disclosure of information.

(a) By January 10 prior to the school’s initial school year in the choice program, a first time participant shall file with the department the information required under s. 118.60 (6p) (a), Stats., and the mailing addresses for each governing body member on a form provided by the department.

(b) Annually by August 1, a school participating in the choice program that is not a first time participant shall file with the department any changes to the school’s governing body members, including signatures required under s. 118.60 (6m) (c), Stats., and the mailing addresses for each new governing body member on a form provided by the department.

(6) Accreditation requirements. A school participating in the choice program shall be accredited by an accrediting agency under s. 118.60 (1) (ab), Stats. Annually by August 1, a school that is fully accredited under s. 118.60 (2) (a) 7., Stats., shall file with the department a notice from the school’s accrediting agency under s. 118.60 (1) (ab), Stats., stating that the school is accredited as of the date of the notice. The notice shall meet all of the following requirements:

(a) The notice shall include the following information:

The school’s name.
The school’s address for each location included in the accreditation.
The grades accredited by the agency.
Notification that the school is accredited at the time the notice is filed.

(b) The notice shall be filed no earlier than the beginning of the school year.

(7) Hours of instruction and annual school board meetings.

(b) Annually by the last weekday in September, as part of the pupil count report for the third Friday in September required under s. PI 48.06 (8) or another manner prescribed by the department, a school shall file all of the following with the department:

The school’s start and end date for the current school term.
The dates of the two governing body meetings for the current school year required under s. 118.60 (7) (b) 3m., Stats.
The hours of instruction for the current school term. The hours of instruction shall comply with the requirements under s. 118.60 (2) (a) 8., Stats., and s. PI 48.06 (6).

Note: The hours of instruction form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

(f) Upon request by the department, a school shall provide documentation showing how the school meets the hours of instruction requirements under s. 118.60 (2) (a) 8., Stats., and s. PI 48.06 (6).

(8) School fees.

(a) A school may not charge pupils participating in the choice program for a field trip if the trip is required for a class, is part of the school’s curriculum, or is part of the hours of instruction.

(b) A school may have a written policy indicating it will charge a fine for lost, damaged, or unreturned school property. The amount of the fine may not exceed the cost of the item.

(9) All student accountability report.

Note: The form may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

(10) Governing body agreement.

(a) By January 10 of the school year immediately preceding the first school year in which a school intends to participate in the choice program, a school may file with the department a governing body agreement as defined under s. 118.60 (2) (d) 1. c., Stats. The governing body agreement shall comply with all of the following:

The governing body agreement shall be between a school that intends to participate in the choice program and a school with a different governing body that is currently participating in the choice program.
The agreement shall list the governing body members of each school in subd. 1. as of the date of the agreement.

(b) The governing body president of each school in par. (a) 1. shall sign the agreement.

(c) The governing body members of the school that intends to participate in the choice program listed on the information filed under s. 118.60 (6m) (a) 2. and (6p) (a) 2, Stats., and sub. (5) (a) shall be the governing body members of the school that is currently participating in the choice program.

History

EmR1608: emerg. cr. eff. 1-30-16; CR 16-006: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (5) (a) 1., (b) 1. made under s. 35.17 Stats., Register July 2016 No. 727; correction in (5) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 19-121: am. (3) (intro.), (a) 1. b., cr. (3) (a) 2m., am. (3) (a) 4., (b), r. (4), renum. (5) (intro.) to (5) (a) and am., r. (5) (a) 1., 2., renum. (5) (b) (intro.) to (5) (b) and am., r. (5) (b) 1., 2., am. (6) (intro.), (a) (intro.), 3., 4., (b), (c), (7) (a), renum. (7) (b) to (7) (b) (intro.) and am., cr. (7) (b) 1., r. (7) (c), renum. (7) (d), (e) to (7) (b) 2., 3. and am., cr. (7) (f), am. (8) (a), cr. (9), (10) Register May 2020 No. 773, eff. 6-1-20; correction (10) (c) made under s. 35.17 Stats., Register May 2020 No. 773; EmR2514: emerg. r. and recr. (3), eff. 10-31-25; CR 25-080: renum. (3) to (3) (intro.) and am., r. (3) (a) (intro.), renum. (3) (a) 1. (intro.) to (3) (a) (intro.) and am., renum.(3) (a) 1. a., b., 2., 2m., 3., 4., 5. to (3) (a) 1., 2., (b), (c), (d), (e), (f), and as renumbered, am. (3) (e), r. (3) (b) Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 48.04 New private school requirements {#sec-pi-48.04 omnilex-key=us-wi-regs-official--agency-pi--PI 48.04}

(a) A new private school’s notice of intent to participate that includes all of the following:

The name and location of the accredited institution of higher education from which the choice administrator received at least a bachelor’s degree and the date the degree was received, the number of the choice administrator’s teaching or administrator license issued by the department, or an indication that the administrator is excluded from the requirement under s. 118.60 (2) (c) 2., Stats.
The signature and mailing address of the choice administrator.

(b) The information specified under s. 118.60 (6m) (a), Stats.

(c) The governing body members’ signatures required under s. 118.60 (6p) (a) 2., Stats., and the mailing addresses for each governing body member on a form provided by the department.

(e) A cashier’s check or another guaranteed manner permitted by the department for the auditor fee required under s. 118.60 (2) (ag) 1. c., Stats.

(f) A budget and cash flow report, on a form provided by the department, for the following school year that contains all of the following:

Anticipated enrollments for all pupils enrolled in the school.
Anticipated enrollments for choice program pupils.
Estimated total revenues and costs.
Estimated amounts required under s. PI 48.10 (3) (a).
A schedule of anticipated beginning and ending net assets.
A schedule of monthly cash flows.

6m. Anticipated beginning and ending reserve balance.

The contingent funding sources the school will use if actual enrollments are less than expected and evidence of the availability of the funding sources.
A statement of whether the school has any past due amounts, interest, or penalties due to the U.S. internal revenue service, the Wisconsin department of workforce development, or the Wisconsin department of revenue. An amount must be disclosed even if it is in dispute. If a school has past due amounts, interest, or penalties due to a government entity, the school shall do all of the following:

a. Disclose to the department the outstanding amount owed.

b. Submit to the department statements or other correspondence from the government entity stating the amount the government entity claims is due, the amount in dispute, and nature of the amount due.

The plan provided by the department.
A plan provided by the school and approved by the department. A school using this option shall submit the plan to the department for approval by January 10. If the school does not provide a plan by January 10 or the plan is not approved by the department by January 31, the school shall use the plan provided by the department. If the school makes a change to the plan in a subsequent school year, the school shall submit, with the school’s notice of intent to participate, the revised plan to the department for approval.

(b) The number of spaces the school has available for pupils participating in each choice program in which the school participates.

(bm) The expected number of choice program pupils that will participate in summer school under s. PI 48.08.

(c) The open application periods during which the school will accept choice program pupil applications. After January 10, a school may not amend the open application periods it selects.

(e) The signature and mailing address of the choice administrator.

(3) Auditor fee payment increases. If the amount of the auditor fee for the school year in which the school will first participate in the choice program is more than the amount paid in sub. (1) (e), the new private school shall pay the difference between the amount paid and the amount owed calculated under s. PI 48.17 (1) by January 10 of the school year immediately preceding the school year that the school intends to participate in the choice program. The school shall pay the difference with a cashier’s check or another guaranteed manner permitted by the department.

History

CR 16-006: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (1) (f) 4., (2) (f) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-121: am. (1) (c), r. (1) (d), am. (1) (e) cr. (1) (f) 6m., (2) (bm), am. (2) (f), (3) Register May 2020 No. 773, eff. 6-1-20; EmR2514: emerg. am. (2) (a) (intro.), r. (2) (f), eff. 10-31-25; CR 25-080: am. (2) (a) (intro.), r. (2) (f) Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 48.05 Pupil application requirements {#sec-pi-48.05 omnilex-key=us-wi-regs-official--agency-pi--PI 48.05}

(1) Definitions. In this section:

(a) “Continuing pupil” means an applicant who participated in the choice program or the program under s. 119.23, Stats., in the immediately preceding school year.

(d) “Family income” means the federal adjusted gross income of the parents included in the family size.

(e) “Prior year” means the calendar year prior to the school year for which the applicant is applying.

(2) Residency eligibility. A school shall obtain a residency document from each applicant that meets all of the following requirements:

(a) The document shall be one of the following:

A wage statement or federal form W-2.
A water, sewer, gas, electric, cable, satellite, landline phone, or internet utility bill or a letter. The letter shall be from a water, sewer, gas, electric, cable, satellite, landline phone, or internet utility regarding these utility services at the address on the application.
A mortgage statement.
Correspondence that is directly from a government agency.
A complete, signed and dated month-to-month lease agreement. The start date of the month-to-month lease shall be used to determine if the document meets the date requirements.
A complete, signed and dated lease agreement with a lease term.
For a homeless individual or family, a letter on letterhead from a shelter for the homeless or from a private or public organization providing services for homeless individuals, signed and dated by a representative of the organization, indicating that the individual or family lived at an identifiable location which could conceivably serve as a temporary residence during the time period specified in par. (b) 3 or s. PI 48.06 (8) (b) 1. b.
A safe at home authorization card that is not expired for families participating in the safe at home program through the department of justice under s. 165.68, Stats.
An alternative residency verification, on a form provided by the department. The alternative residency verification form shall require all of the following:

a. Identification of the pupils on the application.

d. A document in subds. 1. to 6. with the name of an individual who resides with the pupil on the application. The document under subd. 9. d. shall meet the requirements in par. (d).

e. A signature of the parent providing the document in subd. 9. c.

f. A signature of the individual identified on the document in subd. 9. d., and an attestation by that individual that the pupil resides with the individual.

If a parent does not have one of the residency documents listed in subds. 1. to 9. that meets the requirements under this subsection, the school may send the department a request to use a different document. In its request, the school must provide a document that demonstrates the applicant resides at the address on the application and affirm the document meets the requirements in par. (b) to (d). The school may use this document if the department approves the use of the document as residency documentation sufficient to demonstrate the applicant resides at the address on the application.

(b) The document shall meet the following date requirement:

The documents in par. (a) 1. to 5., 9. d. and 10. 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 with a lease term under par. (a) 6., the lease term shall include the date the application was received.
The time period specified in the document in par. (a) 7. shall be no earlier than 3 months prior to the start of the open application period in which an applicant applies.

(c) The name on the document shall match the name of one of the parents on the application, except for the document required under par. (a) 9. d.

(d) The address on the document shall match the address on the application.

(3) Address verification. A school shall verify an applicant’s address listed on the residency documentation under sub. (2) as follows:

(a) If a pupil is applying to the Racine parental choice program, the school shall verify that the address on the application is in the Racine Unified School District by using the Racine Unified School District’s transportation information, the state of Wisconsin’s Statewide Voter Registration System or any other source permitted by the department.

(b) If a pupil is applying to the Wisconsin parental choice program, the school shall verify that the address on the application is in the Wisconsin school district listed on the application but not in the Racine Unified School District or City of Milwaukee by using 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 in the same choice program they are applying to 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. 118.60 (2) (a), Stats., as follows:

(a) If the parent uses the department of revenue income determination method under s. 118.60 (2) (a) 1. b., Stats., the school or parent shall input the parent’s social security number into the online application system or parent application. 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:

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.
A school shall determine whether a pupil is income eligible for the choice program they are applying to based on the family size and prior year family income.
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.
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.

(6) Application receipt. A school may only receive an application during an open application period selected by the school under s. PI 48.03 (3) (d) or 48.04 (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. 118.60, 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 48.07 (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:

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.

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 choice program they are applying to based on the prior year income if both of the following apply:

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

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

History

EmR1608: emerg. cr. eff. 1-30-16; CR 16-006: cr. Register July 2016 No. 727, eff. 8-1-16; renum. (1) (b) to (e) under s. 13.92 (4) (b) 1., Stats., correction in (4) made under s. 13.92 (4) (b) 7. and correction in (6) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-121: am. (1) (a), (4) (a), (b) 2., (8) (a), (c) (intro.) Register May 2020 No. 773, eff. 6-1-20; EmR2514: emerg. am. (6), eff. 10-31-25; CR 25-080: am. (6) Register June 2026 No. 846, eff. 7-1-26; CR 26-006: renum. (2) to (2) (intro.) and am., cr. (2) (a) to (d) Register July 2026 No. 847, eff. 8-1-26; correction in (2) (a) 9. b. to f. made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § PI 48.06 School year enrollment {#sec-pi-48.06 omnilex-key=us-wi-regs-official--agency-pi--PI 48.06}

(1) Application acceptance. A school may not accept pupil applications until the school has completed all of the following:

(a) The school has filed with the department its notice of intent to participate for the following school year required under s. PI 48.03 (3) or a new private school has submitted the information required under s. PI 48.04 (2).

(2) Application eligibility and verification. A school shall make application eligibility determinations based on the requirements in s. PI 48.05. The determinations 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 48.03 (3) (a) or 48.04 (2) (a).

(a) Electronic or paper copies of pupil paper applications and supporting income and residency documentation required under s. PI 48.05 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.

(5) Simultaneously enrolled pupil. A pupil participating in the choice program may not 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 and receive a payment under s. 118.60, Stats. A pupil receiving a payment under s. 118.60, Stats., may not receive a payment under s. 115.7915 (4m) or 119.23, Stats.

(6) Full-time equivalent. The amount paid by the department to a school under s. 118.60 (4), Stats., shall be based on the full-time equivalent for each pupil times the payment amount in s. 118.60 (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 5-year-old kindergarten pupil shall be one-half full-time equivalent except as follows:

A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil 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.
A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 4 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 a 0.8 full-time equivalent.

2m. A pupil enrolled in a 5-year-old kindergarten program requiring full-day attendance by the pupil for 3 days a week, but not on any day of the week that pupils enrolled in other grades in the school do not attend school, shall be counted as a 0.6 full-time equivalent.

For purposes of this subsection, “full-day” means the following:

b. If the private school does not offer first grade, the length of the school day required to meet the total number of hours of instruction for first grade pupils under s. 118.165 (1) (c), Stats.

(c) A pupil enrolled in a 4-year-old kindergarten program that provides at least 437 hours of direct pupil instruction shall be counted as a 0.6 full-time equivalent.

(a) All accepted applications.

(b) A class list of all pupils enrolled in the choice program at the school by grade level. The class list may not include pupils that have withdrawn from the school.

(a) A pupil count report stating all of the following:

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.
Whether each choice program pupil meets the requirements under sub. (9).
The total number of pupils in the school on the immediately preceding count date that meet the requirements under sub. (9).
The pupils on the choice program waiting list on the immediately preceding count date.

(b) As part of the pupil count report for the third Friday in September, a school shall determine the address of a pupil participating in the Wisconsin parental choice program on the third Friday in September for all incoming choice pupils as defined in s. 118.60 (4d) (a), Stats. If an incoming choice pupil participating in the Wisconsin parental choice program has moved, the school shall do all of the following:

Obtain residency documentation for the new address that meets all of the following requirements:

a. The document shall be one of the residency documents specified in s. PI 48.05 (2) (a).

b. The documents in s. PI 48.05 (2) (a) 1. to 5., 9. d. and 10. shall be dated between the 3rd Friday in August and the last weekday in September. If a school receives a lease agreement with a lease term under s. PI 48.05 (2) (a) 6., the lease term shall include the 3rd Friday in September. The time period specified in the document in s. PI 48.05 (2) (a) 7. shall be between the 3rd Friday in August and the last weekday in September.

c. The name on the document shall match the name of one of the parents on the application.

d. The address on the document shall match the pupil’s address as of the third Friday in September.

Determine the resident school district for the new address as prescribed under s. PI 48.05 (3).

(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.

History

EmR1608: emerg. cr. eff. 1-30-16; CR 16-006: 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; 4., CR 19-121: am. (1) (a), (5), renum. (6) (b) 2. (intro.), to (6) (b) 2. and am., r. (6) (b) 2. a., b., cr. (6) (b) 2m., renum. (6) (b) 4. to (6) (b) 4. (intro.) and am., cr. (6) (b) 4. a., b., am. (7) (intro.), (b), (8) (intro.), (a) 1., cr. (8) (a) 4., am. (8) (b) 1. Register May 2020 No. 773, eff. 6-1-20; EmR2513: emerg. am. (6) (b) (intro.), r. (6) (b) 3., cr. (6) (c), eff. 9-9-25; CR 25-071: am. (6) (b) (intro.), r. (6) (b) 3., cr. (6) (c) Register February 2026 No. 842, eff. 3-1-26; EmR2514: emerg. r. and recr. (2), am. (3), eff. 10-31-25; CR 25-080: renum. (2) (a) to (2) and am., r. (2) (b), am. (3), (8) (a) 4. Register June 2026 No. 846, eff. 7-1-26; CR 26-006: renum. (8) (b) 1. to (8) (b) 1. (intro.) and am., cr. (8) (b) 1. a. to d. Register July 2026 No. 847, eff. 8-1-26; correction in (8) (b) 1. b. made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § PI 48.07 Enrollment audits {#sec-pi-48.07 omnilex-key=us-wi-regs-official--agency-pi--PI 48.07}

(1) Report completion and submission. A school shall engage an auditor to compile the enrollment audit using agreed upon procedures that identify ineligible pupils for whom the school has received payment under s. 118.60 (4) or (4m), Stats., pupils with incorrect data in the department’s database, and additional eligible pupils qualifying the school for a payment. The report shall be prepared in accordance with professional standards and identify the procedures agreed upon by the auditor and the department that were used. A school shall file an enrollment audit with the department for the following:

(a) The third Friday in September enrollment reported under s. PI 48.06 (8). A school shall file its third Friday in September enrollment audit with the department by December 15.

(b) The second Friday in January enrollment reported under s. PI 48.06 (8). A school shall file its second Friday in January enrollment audit with the department by the first weekday in May.

(3) Required procedures. An auditor shall complete the procedures specified in the department’s audit guide, including all of the following:

(a) Determine the school’s process for preparing attendance records and accepting and reviewing applications.

(d) Complete testing of the pupil enrollment software using one of the following:

The department’s pupil enrollment software test plan.
A pupil enrollment software test plan developed by the auditor. The auditor shall annually file the plan with the department for approval. The auditor shall not use the test plan until it is approved by the department.

(f) Verify that the total number of pupils attending the school on the official attendance records match the total number of pupils based on the pupil count report under s. PI 48.06 (8) (a) for each grade category.

(g) Verify the enrollment for all choice program pupils reported on the pupil count report under s. PI 48.06 (8) (a) using the school’s official attendance records.

(i) Verify that the choice program pupils meet the requirements of s. PI 48.06 (9).

(j) Verify that the school did not receive a payment under s. 118.60 (4) or (4m), Stats., for any of the following:

Pupils for whom the school is receiving a childcare payment for all day care.
Pupils who are enrolled in a public school district.
Pupils participating in the program under s. 115.7915, Stats.

(m) Reconcile the enrollment the school reported to the department under s. 115.30 (3), Stats., with the official attendance records of the school.

(n) Verify that the applications for pupils participating in the choice program and pupils on a choice program waiting list meet the requirements of s. PI 48.05. If an applicant to the Wisconsin parental choice program moved, the auditor shall verify that the residency documentation obtained pursuant to s. PI 48.06 (8) (b) meets the requirements of that paragraph.

(o) Verify that any pupils in 4-year-old kindergarten, 5-year-old kindergarten, or first grade meet the age requirements in s. 118.14 (1), Stats.

(p) If the school operated a summer school program, review all school documentation to support the summer school report the school filed with the department under s. PI 48.08 (5). The review shall be part of the third Friday in September enrollment audit.

(q) Perform other auditing procedures as agreed upon by the auditor and the department.

(r) Verify that the choice program waiting list pupils reported on the pupil count report required under s. PI 48.06 (8) (a) 4. match the pupils on the school’s choice program waiting list.

(4) Certifications.

(b) A school shall refund to the department the amount certified as due to the department as specified under s. PI 48.19 (5).

(c) The department shall pay any additional amount due to a school for qualifying pupils within 60 days of the date of the certification letter.

Note: The enrollment audit form and department pupil enrollment software test plan may be obtained at no charge from the Wisconsin department of public instruction’s webpage at http://dpi.wi.gov/sms/choice-programs.

History

EmR1608: emerg. cr. eff. 1-30-16; CR 16-006: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (3) (b) under s. 13.92 (4) (b) 7., Stats., Register December 2016 No. 732; CR 19-121: am. (1), (2), (3) (d) 2., r. (3) (e), am. (3) (f), r. (3) (h), am. (3) (k), (L), (n), cr. (3) (r), am. (4) (a), renum. (4) (b) (intro.) to (4) (b) and am., r. (4) (b) 1., 2. Register May 2020 No. 773, eff. 6-1-20; EmR2513: emerg. r. (3) (b), eff. 9-9-25; CR 25-071: r. (3) (b) Register February 2026 No. 842, eff. 3-1-26; CR 25-080: am. (3) (r) Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § PI 48.08 Summer school attendance and payment {#sec-pi-48.08 omnilex-key=us-wi-regs-official--agency-pi--PI 48.08}

(3) Program requirements. A school may count any of the following as instruction for academic purposes:

(am) Music programs, lessons, sections, or clinics.

(bm) Swimming instruction programs, if taught or directed by a teacher at the site of the instruction.

(cm) Field trips if accompanied by a teacher and if all pupils have equal access to the field trips regardless of a pupil’s ability to pay.

(4) Pupil attendance requirements. A school may include a pupil in its summer school report if the pupil was in the choice program in which the school participates on the second Friday in January during the school term immediately preceding the summer for which the school seeks payment, or the school has accepted the pupil’s choice program application for the school term immediately following that summer.

(6) Payment. A school may not receive a summer school payment under s. 115.7915 (4p) or 119.23 (4m), Stats., and a summer school payment under s. 118.60 (4m), Stats., for the same pupil in the same school year.

History

EmR1608: emerg. cr. eff. 1-30-16; CR 16-006: cr. Register July 2016 No. 727, eff. 8-1-16; CR 19-121: (am) (1), (2), renum. (3) (a) (intro.) to (3) (intro.) and am., renum. (3) (a) 1. to 3. to (3) (am) to (cm) and, as renumbered, am. (3) (bm), r. (3) (b), renum. (4) (intro.) to (4) and am., r. (4) (a), (b), am. (5), cr. (6), Register May 2020 No. 773, eff. 6-1-20; correction in (6) made under s. 35.17, Stats., Register May 2020 No. 773.

Wis. Admin. Code § PI 48.09 Financial audit {#sec-pi-48.09 omnilex-key=us-wi-regs-official--agency-pi--PI 48.09}

(1) Financial audit requirements. Annually by October 15, a school shall submit a financial audit and financial audit supplemental schedule to the department. The financial audit shall comply with all of the following:

(a) The financial audit shall either include the school-only balances and activity or shall be prepared at the consolidated level as permitted by generally accepted accounting principles.

(d) Except as provided under par. (b) and sub. (4) (b), a financial audit that includes a modified audit opinion does not meet the requirements under s. 118.60 (7) (am) 2m. a., Stats., and this chapter unless the modification is approved by the department.

(2) Compliance with American Institute of Certified Public Accountants requirements. As provided under s. 118.60 (7) (am) 2m. a., Stats., an auditor engaged by a school to provide the audit opinion in this section shall comply with the auditing standards established by the American Institute of Certified Public Accountants, including all of the following:

(b) The auditor shall trace all entries on the financial audit and financial audit supplemental schedule to the trial balance provided by the school under s. PI 48.11 (2).

(3) Standard financial audit.

(a) The standard financial audit shall be prepared in accordance with generally accepted accounting principles.

(c) The first year a school completes a standard financial audit for the choice program, the statement of activities and statement of cash flows may only include the current school year.

(4) Modified financial audit.

(a) The modified financial audit shall include an audited one-year statement of financial position prepared as required by generally accepted accounting principles.

(b) A school may submit a modified financial audit that includes a modified audit opinion due to post-retirement benefits being excluded from the statement of financial position.

(5) Management letter. The management letter required under ss. 118.60 (7) (am) and 119.23 (7) (am), Stats., shall include all of the following if issued by the auditor:

(a) Any letter issued under the American Institute of Certified Public Accountants Statement on Auditing Standards 114.

(b) Any letter issued under the American Institute of Certified Public Accountants Statement on Auditing Standards 115.

(c) Any other letter to management communicating significant deficiencies or material weaknesses in the internal controls.

History

EmR1608: emerg. cr. eff. 1-30-16; CR 16-006: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (1) (a) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-121: r. and recr. (1), cr. (3) to (5) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 48.10 Financial audit supplemental schedule {#sec-pi-48.10 omnilex-key=us-wi-regs-official--agency-pi--PI 48.10}

(1) Eligible education expenses. The eligible education expenses included in the financial audit supplemental schedule shall comply with all of the following:

(a) Eligible education expenses may only include those expenses that already have or will result in a cash disbursement.

(b) Eligible education expenses may only include the following:

In a standard financial audit, expenses that are in the statement of activities, except for the cost of land. The amount that the school paid for land shall be included in the first year the land is used for educational programming using an allocation method under par. (d), if applicable.
In a modified financial audit, expenses that would be included in the statement of activities for the school year based on generally accepted accounting principles except for the following:

a. The amount that the school paid for land shall be included in the first year the land is used for educational programming using an allocation method under par. (d), if applicable.

b. Post-retirement benefits may be included as an eligible education expense based on the amount expended for the post-retirement benefits in the school year.

(e) The following may not be included in kindergarten through grade 12 eligible education expenses:

Contributed services, fixed assets, or goods.
Scholarship awards and financial support for pupils to attend the private school, including payments to parents or others on behalf of pupils.
Daycare expenses except expenses for before or after school care for kindergarten through grade 12 pupils that are enrolled in educational programming at the school.

4m. Special needs scholarship program excluded expenses.

Expenses for pupils who are enrolled in the public school district and attending the private school.

(2) Auditor review of eligible education expenses. An auditor shall ensure the eligible education expenses a school included in the supplemental schedule comply with the requirements under sub. (1), s. PI 48.09 (1) (c), and the policy established under s. PI 48.13 (5) (h).

(3) Supplemental schedule calculations. The supplemental schedule shall calculate all of the following:

(a) Net eligible education expenses for all pupils as follows:

Determine the amount of eligible education expenses. This amount shall not include special needs scholarship program excluded expenses.
Subtract all government assistance revenues received for eligible education expenses. This amount shall not include government assistance revenues subtracted in s. PI 49.09 (3) (a) 2. or in the statements provided under s. 115.7915 (4c), Stats.
Subtract the lesser of the following:

a. Fundraising revenue.

Subtract all insurance proceeds received for eligible education expenses. This amount shall not include insurance proceeds subtracted in s. PI 49.09 (3) (a) 4.

(b) The net eligible education expenses for pupils participating in a program under ss. 118.60 and 119.23, Stats., as follows:

Calculate the percentage of pupils at the school participating in a program under ss. 118.60 and 119.23, Stats., as the full-time equivalent for the pupils participating in a program under ss. 118.60 and 119.23, Stats., compared to the all pupil full-time equivalent. The full-time equivalents shall be based on the average of the full-time equivalents determined in the enrollment audits under ss. PI 35.07 and 48.07.
Multiply the amount calculated under par. (a) by the percentage under subd. 1.

Determine the total revenue received under ss. 118.60 and 119.23, Stats. Summer school revenue received under ss. 118.60 and 119.23, Stats., shall be included in the school year it is received.
Add the prior year reserve balance, if any.
Subtract the amount determined under par. (b).
Subtract any reserve amount repaid to the department.

(d) The school’s cash and investment balance that shall be maintained under sub. (4) as follows:

Determine the sum of any remaining depreciation on fixed assets used by the school and any land purchases that have not yet been included in eligible cost under sub. (1) (b) that meet the requirements to be included as an eligible education expense. The depreciation under this subdivision shall not include depreciation for leased right of use assets.
Subtract the amount under subd. 1. from the amount under par. (c).

(4) Maintain reserve balance. The school shall maintain the reserve balance, if positive, for future eligible education expenses for choice pupils. The school’s cash and investment balance shall be at least as much as the amount calculated under sub. (3) (d), if positive. If the school is also participating in the program under s. 115.7915, Stats., the cash and investment balance shall be at least as much as the reserve calculated under this chapter and s. PI 49.09 less the sum of any remaining depreciation on fixed assets used by the school and any land purchases that have not yet been included as an eligible cost under sub. (1) (b) that meet the requirements to be included as an eligible education expense. The depreciation under this subsection shall not include depreciation for leased right of use assets. If a school fails to maintain a sufficient cash and investment balance, it shall repay the reserve balance to the department as specified under s. PI 48.19 (5).

(5) Financial audit submission.

(a) If a school ceases to participate or is barred from participation in all of the programs the school is participating in under ss. 118.60 and 119.23, Stats., it shall submit to the department the financial audit required under s. 118.60 (7) (am) 2m. a., Stats., for the final school year in which it participated. The net eligible education expenses under sub. (3) (a) shall be multiplied by the percent of the school year the school participated in the choice program if the school was not eligible for all of the payments under s. PI 48.19. This percentage shall be calculated as follows:

The net eligible education expenses shall be multiplied by 25 percent if the school was only eligible for the September payment.
The net eligible education expenses shall be multiplied by 50 percent if the school was only eligible for the September and November payments.
The net eligible education expenses shall be multiplied by 75 percent if the school was only eligible for the September, November, and February payments.

History

EmR1608: emerg. cr. eff. 1-30-16; CR 16-006: cr. Register July 2016 No. 727, eff. 8-1-16; CR 19-121: renum. (1) (b) to (1) (b) (intro.) and am., cr. (1) (b) 1., 2., am. (1) (e) 1., r. (1) (e) 4., cr. (1) (e) 4m., am. (2), (3) (a) 1., 2., renum. (3) (a) 3. to (3) (a) 3. (intro.) and am., cr. (3) (a) 3. a., b., am. (3) (a) 4., (b) 1., (c) 1., cr. (3) (c) 4., am. (3) (d) (intro.), 1., (4), renum. (5) to (5) (a) (intro.) and am., cr. (5) (a) 1. to 3., (b), am. (6) Register May 2020 No. 773, eff. 6-1-20; EmR2117: emerg. cr. (3m), eff. 6-12-21; CR 21-046: cr. (3m) Register February 2022 No. 794, eff. 3-1-22.

Wis. Admin. Code § PI 48.11 School financial requirements {#sec-pi-48.11 omnilex-key=us-wi-regs-official--agency-pi--PI 48.11}

(a) A statement that the auditor shall comply with generally accepted auditing standards and the requirements of this chapter.

(b) A statement that the auditor shall comply with generally accepted governmental auditing standards if other governmental agencies providing funds to the school so require.

(d) The services the auditor provides to the school that are in addition to those audit and attestation services required under this chapter.

(e) The auditor’s acknowledgement that the department will rely on the auditor’s work to fulfill the department’s responsibilities under s. 118.60, Stats., and this chapter.

(f) The auditor’s compensation for the services the auditor provides to the school.

(2) Financial accounting system. A school shall balance the financial accounting system required under s. PI 48.13 (1) and provide the auditor with a trial balance of the account balances.

(4) Records retention. A school shall retain all financial and pupil records relating to the enrollment audits under s. PI 48.07, the audit required under ss. PI 48.09 and 48.10, and the report on fiscal and internal control practices under s. PI 48.13 for at least 5 years from the due date of the financial audit, unless the department or a law enforcement agency requests the school retain the records for more than 5 years.

(6) School responsibility. An auditor’s failure to completely or properly perform the responsibilities set forth in s. 118.60, Stats., or this chapter is not a defense to any determination the department makes under this chapter or s. 118.60, Stats.

(7) Auditor Bar. A school participating in the choice program may not engage an auditor who the department bars under s. PI 35.12 (7), 48.12 (7), or 49.11 (7) until such time as the auditor provides evidence acceptable to the department that the auditor has made procedural changes and has successfully completed professional development training that enables the auditor to comply with the requirements of this chapter, chs. PI 35 and 49, and ss. 115.7915, 118.60, and 119.23, Stats.

History

EmR1608: emerg. cr. eff. 1-30-16; CR 16-006: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (4), (6), (7) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-121: am. (6) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 48.12 Auditor requirements {#sec-pi-48.12 omnilex-key=us-wi-regs-official--agency-pi--PI 48.12}

(1) Independence requirements. An auditor engaged by a school to meet the requirements under this chapter and s. 118.60, Stats., shall comply with the standards of the American Institute of Certified Public Accountants, including all of following:

(a) An auditor shall comply with the requirements of s. Accy 1.101.

(b) An auditor shall obtain the school’s trial balance required under s. PI 48.11 (2) if the auditor is completing compilation or review services.

(e) If an auditor assists in the preparation of a school’s budget, the auditor shall do all of the following:

Comply with s. Accy 1.201 (1) (e) regarding forecasts.
Identify that such assistance was provided, if required by the department.

(3) Working papers retention. An auditor shall retain working papers relating to the enrollment audits under s. PI 48.07, the audit required under ss. PI 48.09 and 48.10, and the report on fiscal and internal control practices under s. PI 48.13 for at least 5 years from the due date of the financial audit, unless the department or a law enforcement agency requests the auditor to retain working papers for more than 5 years.

(4) Working papers review. An auditor shall permit the department to review audit working papers prepared in support of the enrollment audits under s. PI 48.07, the audit required under ss. PI 48.09 and 48.10, and the report on fiscal and internal control practices under s. PI 48.13. The auditor shall promptly provide copies of working papers the department requests.

(5) Auditor peer review report. An auditor completing any of the audits and agreed upon procedure reports under s. 118.60, Stats., or this chapter shall file the auditor’s peer review required under s. 442.087, Stats., with the department within 30 days of the report’s issuance.

(6) License requirements.

(a) The auditing firm that is engaged by a school to complete the audits and agreed upon procedure reports under this chapter or s. 118.60, Stats., shall be licensed as a certified public accounting firm by the accounting examining board under ch. 442, Stats.

(b) The individual auditor who signs the engagement letter for the audits and agreed upon procedure reports under this chapter or s. 118.60, Stats., shall be a licensed certified public accountant by the accounting examining board under ch. 442, Stats.

(7) Auditor bar.

(a) The department may bar an auditor who fails to timely and properly fulfill the auditing and reporting requirements of this chapter or s. 118.60, Stats.

(b) An auditor who is barred under par. (a) shall not complete accounting, auditing, or other reporting requirements for any school participating in a program under ss. 115.7915, 118.60, and 119.23, Stats., until such time as the auditor submits to the department evidence acceptable to the department that the auditor has made procedural changes to the manner in which the auditor conducts an audit and has successfully completed professional development training that will enable the auditor to comply with the requirements of this chapter, chs. PI 35 and 49, and ss. 115.7915, 118.60, and 119.23, Stats.

History

EmR1608: emerg. cr. eff. 1-30-16; CR 16-006: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (3), (4), (7) (b) made under s. 35.17, Stats., Register July 2016 No. 727; CR 19-121: am. (5) Register May 2020 No. 773, eff. 6-1-20.

Wis. Admin. Code § PI 48.13 Fiscal and internal control practices {#sec-pi-48.13 omnilex-key=us-wi-regs-official--agency-pi--PI 48.13}

(1) Financial accounting system. A school participating in the choice program shall use a double entry financial accounting system organized in a manner that enables preparation of the audit under ss. PI 48.09 and 48.10 and contains any other information necessary to fiscally manage the school. The accounting system shall identify all sources of funding a school uses in the school’s operation. The accounting system shall identify all of the following if the school receives revenue from the specified source:

(a) Revenue from pupils participating in the choice program.

(b) Revenue from parents or other privately paid tuition pupils.

(d) Revenue from the school district in which the school is located for transportation of the school’s pupils.

(e) Revenue from federal, state, and local governments.

(2) School budget. A school shall complete all of the following:

(a) Annually by June 30, a budget for the following school year that contains all of the following:

Anticipated enrollments for all pupils enrolled in the school.
Anticipated enrollments for choice program pupils.
Estimated total revenues and costs.
Estimated amounts required under s. PI 48.10 (3) (a).
A schedule of anticipated beginning and ending net assets.
Identification of the contingent funding sources the school will use should actual enrollments be less than expected.
Anticipated beginning and ending reserve balance.

(b) If a school’s actual third Friday in September enrollment for all pupils or for choice program pupils varies by 20 percent or 20 pupils, whichever is less, from the anticipated enrollments the school used in the budget required under par. (a), the school shall annually by November 1, complete a revised budget containing all of the following:

The information required in par. (a) that reflects revenues resulting from the school’s actual third Friday in September enrollment.
Any other required budget changes related to the change in revenues resulting from the school’s actual third Friday in September enrollment.

(a) Amounts owed to vendors.

(4) Employee compensation. A school shall do all of the following:

(c) Provide a written document to the employee specifying any changes to a document required under par. (a) or (b) before any change is effective. The written notification does not need to be signed. If the change is to the compensation for the employee, the written notification shall include all of the following:

The dollar amount of the compensation change or how the compensation change will be calculated.
If the compensation change is a one time amount that will be paid to the employee, the written notification shall specify when the one time compensation payment will be paid.
If the compensation change is an ongoing change, the written notification shall specify the date the ongoing compensation change is effective.