School Operations Q&A
Since our church and school are in the same building, a parishioner who has a concealed carry license is asking our pastor and myself for written permission to carry his firearm when he attends church services. Is this part of the law?
Although the possession of a firearm on school grounds is generally prohibited, a person can carry a concealed weapon on school grounds if the person has entered into a contract with the school, according to page 24 of WCRIS’ Legal Handbook.
WCRIS doesn’t employ lawyers so we suggest you also contact your school’s or jurisdiction’s attorney. They’ll want to reference this statute.
We also recommend you work with your attorney to draft the agreement to ensure that your school, church and the individual are all on the same page.
WCRIS doesn’t employ lawyers so we suggest you also contact your school’s or jurisdiction’s attorney. They’ll want to reference this statute.
We also recommend you work with your attorney to draft the agreement to ensure that your school, church and the individual are all on the same page.
I’m working on applying to the U.S. Department of Agriculture’s (USDA) free and reduced-price lunch program, but I’m struggling to accept program requirements that conflict with my school’s mission and values. What should I do?
The free and reduced-price lunch program is used by several religious schools to provide their students with nutritious and affordable school lunches. Because of recent changes to the program along with looming Title IX updates, some schools are thinking twice before participating.
The Council For American Private Education (CAPE) has provided guidance on how schools can handle conflicting requirements:
Federal law allows an exemption from requirements that conflict with the school’s deeply held religious beliefs. This means that you must follow the requirements of the program to the extent that the requirements are consistent with the tenants of the school’s documented religious beliefs.
For example, when posting the required non-discrimination poster, a school can use an older version of the discrimination clause that respects their religious beliefs.
See here for further information on the USDA programs. Always check with your school’s oversight jurisdiction before joining any government program. WCRIS is the official state chapter of CAPE.
The Council For American Private Education (CAPE) has provided guidance on how schools can handle conflicting requirements:
Federal law allows an exemption from requirements that conflict with the school’s deeply held religious beliefs. This means that you must follow the requirements of the program to the extent that the requirements are consistent with the tenants of the school’s documented religious beliefs.
For example, when posting the required non-discrimination poster, a school can use an older version of the discrimination clause that respects their religious beliefs.
See here for further information on the USDA programs. Always check with your school’s oversight jurisdiction before joining any government program. WCRIS is the official state chapter of CAPE.
Are employees of my private school eligible for the Public Service Loan Forgiveness program? And what if my school isn’t showing up as an eligible employer?
Borrowers of specific types of student loans who have made 120 qualifying monthly payments (10 years worth) and work at an eligible public or non-profit organization can have their remaining balance forgiven through the Public Service Loan Forgiveness (PSLF) program.
The U.S. Department of Education (USDE) indicates that most private schools are eligible employers. You can find if your school qualifies by searching it here, using your school’s Employer Identification Number (EIN).
If your school doesn’t appear on the list, which is common especially for religious institutions, borrowers can still apply and request that USDE reviews their employer’s eligibility here. The applicant will need their W-2 form.
Once the first employee at your school is accepted, your school will be added to the eligible employers database for future applicants.
Find tips on how to promote PSLF and help your staff apply here.
The U.S. Department of Education (USDE) indicates that most private schools are eligible employers. You can find if your school qualifies by searching it here, using your school’s Employer Identification Number (EIN).
If your school doesn’t appear on the list, which is common especially for religious institutions, borrowers can still apply and request that USDE reviews their employer’s eligibility here. The applicant will need their W-2 form.
Once the first employee at your school is accepted, your school will be added to the eligible employers database for future applicants.
Find tips on how to promote PSLF and help your staff apply here.
We are currently looking at options for re-training our faculty and staff in Trauma Informed Care (TIC). Is this still a service WCRIS offers?
There are a few ways that you can train your staff in TIC.
The best and free option is to utilize the DPI’s TIC modules. You can work through these online modules at your own pace, and they are designed to be done on an individual basis.
However, WCRIS has a guide that takes the free modules and turns them into a group professional development event. The group approach will likely be more fruitful. It was designed by a WCRIS teacher.
The guide is easy-to-follow and gives you everything you need to facilitate the training as a whole staff, on a schedule that is convenient for you. This option also allows you to incorporate your school’s culture in the training.
You can access the guide by logging into the Members Portal on the WCRIS website. If you do not have an account, you can create one.
If you are looking for a professional group to come to your school and train your staff, Wellpoint Care Network is a great resource. They were formerly known as SaintA, and they are based out of Milwaukee. They do charge for their training.
The best and free option is to utilize the DPI’s TIC modules. You can work through these online modules at your own pace, and they are designed to be done on an individual basis.
However, WCRIS has a guide that takes the free modules and turns them into a group professional development event. The group approach will likely be more fruitful. It was designed by a WCRIS teacher.
The guide is easy-to-follow and gives you everything you need to facilitate the training as a whole staff, on a schedule that is convenient for you. This option also allows you to incorporate your school’s culture in the training.
You can access the guide by logging into the Members Portal on the WCRIS website. If you do not have an account, you can create one.
If you are looking for a professional group to come to your school and train your staff, Wellpoint Care Network is a great resource. They were formerly known as SaintA, and they are based out of Milwaukee. They do charge for their training.
I saw that the U.S. Department of Education is changing Title IX to include sexual orientation and gender identity. Do the changes include private schools?
As roposed changes to Title IX have been released by the U.S. Department of Education. However, they are only proposed.
The proposed changes to Title IX attempt to expand the definition of sex-based discrimination to cover sexual orientation and gender identity.
The regulations do not require preferred bathrooms or pronouns to be used. Nor do the changes address the highly controversial transgender athlete debate.
Regardless, religious private schools are automatically exempt from Title IX to the extent that compliance would not be consistent with the religious tenets of the sponsoring religious organization.
Title IX does not override state laws, but it does allow the federal government the power to remove funding to a school that violates Title IX. If your school does not receive Federal Financial Assistance, your school would not be affected.
The new non-discrimination language has been deployed separately by the U.S. Department of Agriculture in its Free and Reduced Price Lunch Program. Those changes did not have to use the rule making process and are already operative. Learn more here.
The proposed changes to Title IX attempt to expand the definition of sex-based discrimination to cover sexual orientation and gender identity.
The regulations do not require preferred bathrooms or pronouns to be used. Nor do the changes address the highly controversial transgender athlete debate.
Regardless, religious private schools are automatically exempt from Title IX to the extent that compliance would not be consistent with the religious tenets of the sponsoring religious organization.
Title IX does not override state laws, but it does allow the federal government the power to remove funding to a school that violates Title IX. If your school does not receive Federal Financial Assistance, your school would not be affected.
The new non-discrimination language has been deployed separately by the U.S. Department of Agriculture in its Free and Reduced Price Lunch Program. Those changes did not have to use the rule making process and are already operative. Learn more here.
I've been told that if my school no longer participates in the free and reduced price lunch programs that I also cannot participate in federal title programs. Is this true?
No. That is not true. Declining participation in the free and reduced priced lunch (FRPL) program does NOT affect your eligibility to participate in the Title programs under the ESSA. FRPL student data is just one allowable measure the district can use to calculate poverty at your school for participation in Title I. The law allows four alternative ways to measure poverty at private schools.
During the annual consultation with your school district, your school can identify which measure would be best for your school based on what data you have available. The allowable poverty measures are explained here.
During the annual consultation with your school district, your school can identify which measure would be best for your school based on what data you have available. The allowable poverty measures are explained here.
If my school will no longer participate in the free and reduced price lunch program, should I tell my local public school district and, if so, how should I tell them?
If your local public school district is operating as the food service authority or if you work with your district for the operational and/or administrative purposes of your program, it is likely that you will need to discuss your school’s withdrawal from the free lunch program with your district.
In that case, you will need to notify your local district that you are no longer participating; however, it is not recommended nor required that you provide a reason for no longer participating.
Further, it is not recommended that you discuss your school’s disagreement with and/or inability to sign the recently updated free lunch program forms or hang the new USDA posters.
In that case, you will need to notify your local district that you are no longer participating; however, it is not recommended nor required that you provide a reason for no longer participating.
Further, it is not recommended that you discuss your school’s disagreement with and/or inability to sign the recently updated free lunch program forms or hang the new USDA posters.
We have a parent interested in their home-schooled child taking certain courses at our school. According to a DPI FAQ, a student can take up to two classes a semester at a public school. Can parents choose a private school? How do we account for their enrollment?
State law is silent regarding homeschool students taking courses at a private school.
The parent would have to negotiate with the private school. However, a student cannot be homeschooled and a Choice or an SNSP pupil. In terms of counting the homeschooler, the private school does not need to count the student. Private schools should only report students actually enrolled at the school, not those taking a few courses. It will be the responsibility of the parent to file the homeschool count data. But, the DPI has no way to know if students are double-counted because they do not collect individual student data for either private (non-choice) students or homeschooled students.
In addition, schools should consider the following issues affecting the administration of these visiting students:
Chapel attendance; workload; behavior; access to student services; lunch time participation; locker usage/searches; compliance with childhood vaccines; eligibility to attend or participate in all-school events like commencement; participation in school safety training for students; mandatory parent volunteer requirements; comportment with the school's mission and values; alignment with the school’s gender understanding, etc.
You will want to make sure you have policies in place and that parents, staff and students are aware of them.
The parent would have to negotiate with the private school. However, a student cannot be homeschooled and a Choice or an SNSP pupil. In terms of counting the homeschooler, the private school does not need to count the student. Private schools should only report students actually enrolled at the school, not those taking a few courses. It will be the responsibility of the parent to file the homeschool count data. But, the DPI has no way to know if students are double-counted because they do not collect individual student data for either private (non-choice) students or homeschooled students.
In addition, schools should consider the following issues affecting the administration of these visiting students:
Chapel attendance; workload; behavior; access to student services; lunch time participation; locker usage/searches; compliance with childhood vaccines; eligibility to attend or participate in all-school events like commencement; participation in school safety training for students; mandatory parent volunteer requirements; comportment with the school's mission and values; alignment with the school’s gender understanding, etc.
You will want to make sure you have policies in place and that parents, staff and students are aware of them.
I have some new students enrolling next year from the local public school and I want their academic records for review. What is the best way to request them?
When requesting student records from a public school, the request must be written.
A parent or the private school can send a written request to the public school. If the student is an adult, the student may also request their own records.
The public school must transfer the requested records to the private school by the next working day, according to state law.
To learn more about student records requests read pages 14-17 of the 2020-21 WCRIS Legal Handbook.
A parent or the private school can send a written request to the public school. If the student is an adult, the student may also request their own records.
The public school must transfer the requested records to the private school by the next working day, according to state law.
To learn more about student records requests read pages 14-17 of the 2020-21 WCRIS Legal Handbook.
If I am the president of a private school or system of private schools, can I use Title II-A federal funds to attend professional development?
It depends, based on your job responsibilities. Generally, Title II-A can only be used for professional development for teachers and staff who are involved on a daily basis with instruction or in an instructional capacity and/or deeply involved in curriculum development or planning. An example of a “central office” staffer who could use Title II for PD is a curriculum director or director of pupil services and instruction.
However, a president at a private school could double as a curriculum director or be heavily involved in those decisions. Therefore, districts should ask follow-up questions about your role and job responsibilities before denying a request to attend PD covered by Title II.
If your role involves instruction and/or heavy involvement in curriculum and student instructional decisions, it is essential that you share this with your district and explain how the PD you want to attend will help you accomplish these responsibilities.
If your role as president does not involve near-daily involvement in student instructional or curriculum decisions, then unfortunately Title II does not support PD for that level of staff.
However, a president at a private school could double as a curriculum director or be heavily involved in those decisions. Therefore, districts should ask follow-up questions about your role and job responsibilities before denying a request to attend PD covered by Title II.
If your role involves instruction and/or heavy involvement in curriculum and student instructional decisions, it is essential that you share this with your district and explain how the PD you want to attend will help you accomplish these responsibilities.
If your role as president does not involve near-daily involvement in student instructional or curriculum decisions, then unfortunately Title II does not support PD for that level of staff.
Given the pandemic and the complexities it is creating for education, must I still meet the hours of instruction requirement for students this school year? How do I count virtual or hybrid classroom instruction?
Yes, you are still required to meet the hours of instruction for this school year. For schools in the Choice program, you are still required to meet 1,050 hours of direct pupil instruction in grades 1-6 and at least 1,137 hours of direct pupil instruction in grades 7-12. Non-choice schools must provide at least 875 hours of instruction.
Private schools using virtual instruction (digital, analog, synchronous, asynchronous or hybrid) or using a combination of traditional in-person instruction with virtual instruction, may count that instruction from any of these virtual models towards meeting the hours of instruction requirement, according to an email from the Department of Public Instruction (DPI).
Schools should count hours of instruction based on the time teachers are available to students, and based on private school estimates, the amount of time needed to accomplish daily learning objectives, the DPI said.
Learn more from the DPI here.
Private schools using virtual instruction (digital, analog, synchronous, asynchronous or hybrid) or using a combination of traditional in-person instruction with virtual instruction, may count that instruction from any of these virtual models towards meeting the hours of instruction requirement, according to an email from the Department of Public Instruction (DPI).
Schools should count hours of instruction based on the time teachers are available to students, and based on private school estimates, the amount of time needed to accomplish daily learning objectives, the DPI said.
Learn more from the DPI here.
Given the hybrid school situation driven by COVID-19, we may have some students in the classroom while others must remain at home. We are wondering about the recording of live classroom lessons with students and then posting the recording to Google classroom for viewing by students attending virtually. Are you aware of any legal rules about students needing to be aware of the recording and being given the choice to mute or turn off their camera? Some people are saying don’t record any live sessions at all. Others are saying only the teacher may be on camera. What can you tell us?
You should check with your school attorney before you begin using this approach. In general, however, it is suggested that schools update their school policies (and provide notice to families) so parents know the recordings are happening. The school should probably consider how best to limit concerns, including considering the placement of the camera in a place that limits showing faces of students and/or ensuring that the feed or recording is a private video just for the school community.
For some general background on the issue of recordings, see the DPI’s website for this document as a resource for districts that want to record classroom work for teacher candidate analysis. This document is an example of how consent is gathered for student teacher training videos.
For some general background on the issue of recordings, see the DPI’s website for this document as a resource for districts that want to record classroom work for teacher candidate analysis. This document is an example of how consent is gathered for student teacher training videos.
I was reading through a document from DPI today and noticed that private schools do not have to abide by FERPA. Is that true?
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student educational records, among other things.
For private K-12 schools, compliance with FERPA is triggered by the reception of "federal financial assistance."
For years, "federal financial assistance" has been defined as any federal aid from the U.S. Department of Education.
Free and reduced lunch is from the U.S. Department of Agriculture (USDA) so it does NOT trigger FERPA.
Most private K-12 schools do not want to be hamstrung by FERPA's complicated requirements. If this is true of your private school, then anytime there is a program offering federal aid, you would want to make sure it is not funded through the U.S. Department of Education, which triggers the need to comply with FERPA.
Some sectors would like FERPA to be triggered by federal aid from any agency. For years, they have been pushing for such an interpretation. But WCRIS, working through CAPE and with our counterpart organizations in 37 states, fights that expansion at every turn. We have been successful thus far. Both our advocacy and our communication with member schools on this issue are distinctive member benefits that protect your school.
For private K-12 schools, compliance with FERPA is triggered by the reception of "federal financial assistance."
For years, "federal financial assistance" has been defined as any federal aid from the U.S. Department of Education.
Free and reduced lunch is from the U.S. Department of Agriculture (USDA) so it does NOT trigger FERPA.
Most private K-12 schools do not want to be hamstrung by FERPA's complicated requirements. If this is true of your private school, then anytime there is a program offering federal aid, you would want to make sure it is not funded through the U.S. Department of Education, which triggers the need to comply with FERPA.
Some sectors would like FERPA to be triggered by federal aid from any agency. For years, they have been pushing for such an interpretation. But WCRIS, working through CAPE and with our counterpart organizations in 37 states, fights that expansion at every turn. We have been successful thus far. Both our advocacy and our communication with member schools on this issue are distinctive member benefits that protect your school.
If we enroll Native American students in our private school does that somehow trigger a requirement to comply with Act 31, thus changing our curriculum and the way we teach the faith using the Bible?
Act 31 is not new; it was passed in 1989. It covers public school districts. It periodically gets renewed attention in the popular press so it can be mistaken for a new mandate.
And, in 2019, Assembly Bill 108 was introduced calling for schools in a Choice program to provide instruction on Wisconsin Native American history, culture and sovereignty. But the bill has sat in committee since March 2019 and has not been scheduled for a hearing.
Even still, the bill doesn't require private schools to change their religious instruction, biblical teachings or faith and values. If passed into law, which looks unlikely at this time, it would require Choice schools to add a component to their curriculum that covers the history, culture and sovereignty of Wisconsin's 11 federally recognized American Indian tribes.
WCRIS is monitoring the bill. Watch Current Events for updates.
And, in 2019, Assembly Bill 108 was introduced calling for schools in a Choice program to provide instruction on Wisconsin Native American history, culture and sovereignty. But the bill has sat in committee since March 2019 and has not been scheduled for a hearing.
Even still, the bill doesn't require private schools to change their religious instruction, biblical teachings or faith and values. If passed into law, which looks unlikely at this time, it would require Choice schools to add a component to their curriculum that covers the history, culture and sovereignty of Wisconsin's 11 federally recognized American Indian tribes.
WCRIS is monitoring the bill. Watch Current Events for updates.
I have two high school students in our private school who have 504 Plans. I'd like the public school district to update the plans, but the district says they are not responsible for that. At my last school in another city, the district updated the 504 Plans for our students. So, I'm confused. Is this difference based on school district policy or something else? Do districts have an obligation to write 504 Plans for our students, or not?
This is complicated. A little background will help. First, 504 Plans are named for a section in the federal Rehabilitation Act of 1973. This provision of the law addresses the needs of students who do not meet the criteria for special education through the Individual with Disabilities Education Act (IDEA), but are still in need of accommodations to receive a Free Appropriate Public Education (FAPE).
When a parent enrolls a child in a private school they have declined FAPE; therefore, the child is not eligible for a 504 Plan. These plans are written and executed by public schools for public school students.
Private school students are eligible for services under the IDEA. But those services are limited by what the public school district, in consultation with private school officials, decides to provide private school students with special needs. It is driven by the amount of federal dollars the district receives. For that reason, services for private school students vary from district to district, and therefore also varies student by student.
Additionally, 504 Plans include civil rights law protections for students with disabilities in public schools. For this reason, private schools should NOT be invoking the "504 Plan" name in any accommodations they develop and write for a student. National experts on special education law have told WCRIS staff that using the "504 Plan" label may trigger a private school's responsibility to comply with these other laws.
Follow-up Question: What about my old public school district that did write my private school student a 504 Plan?
Answer: National special education experts have told WCRIS that if the special education staff at the local school district is willing to provide free support for developing accommodation plans for a student at your school, there is nothing in state or federal law stopping them from helping you to help your student.
In some cases, it may be in the district's best interest because they may inherit your student in a later grade.
However, experts have told WCRIS that any plan developed for accommodating a private school student with special needs should be titled and referenced differently. The private school should not call it a 504 Plan nor have any paperwork on file using that name. Alternative titles, such as "Learning Accommodation Plan" or "Student Special Needs Accommodation Plan" are more appropriate.
Bottom line: The public district is free to help you in writing a plan for your student. But it is not a 504 Plan. Private school administrators should not use that verbiage when implementing accommodations for a student at the private school.
Note: This is not legal advice. WCRIS does not employ lawyers nor has legal counsel on staff. If you have any questions about this issue, you should contact your school attorney or other qualified, licensed professionals to help you.
When a parent enrolls a child in a private school they have declined FAPE; therefore, the child is not eligible for a 504 Plan. These plans are written and executed by public schools for public school students.
Private school students are eligible for services under the IDEA. But those services are limited by what the public school district, in consultation with private school officials, decides to provide private school students with special needs. It is driven by the amount of federal dollars the district receives. For that reason, services for private school students vary from district to district, and therefore also varies student by student.
Additionally, 504 Plans include civil rights law protections for students with disabilities in public schools. For this reason, private schools should NOT be invoking the "504 Plan" name in any accommodations they develop and write for a student. National experts on special education law have told WCRIS staff that using the "504 Plan" label may trigger a private school's responsibility to comply with these other laws.
Follow-up Question: What about my old public school district that did write my private school student a 504 Plan?
Answer: National special education experts have told WCRIS that if the special education staff at the local school district is willing to provide free support for developing accommodation plans for a student at your school, there is nothing in state or federal law stopping them from helping you to help your student.
In some cases, it may be in the district's best interest because they may inherit your student in a later grade.
However, experts have told WCRIS that any plan developed for accommodating a private school student with special needs should be titled and referenced differently. The private school should not call it a 504 Plan nor have any paperwork on file using that name. Alternative titles, such as "Learning Accommodation Plan" or "Student Special Needs Accommodation Plan" are more appropriate.
Bottom line: The public district is free to help you in writing a plan for your student. But it is not a 504 Plan. Private school administrators should not use that verbiage when implementing accommodations for a student at the private school.
Note: This is not legal advice. WCRIS does not employ lawyers nor has legal counsel on staff. If you have any questions about this issue, you should contact your school attorney or other qualified, licensed professionals to help you.
State law was recently updated to change the name of AdvancEd accreditation to Cognia accreditation. Is my school's AdvancEd accreditation still good for the Choice programs?
The DPI, which oversees audits of Choice schools, knows the organization's name was updated in statute because of a change in business ownership. As such, there should be no problem with a Choice school holding accreditation under the old moniker.
However, if your accreditation was just granted or renewed, and will not be revisited for several years, you may want to contact Cognia and ask for a letter documenting the name change and your accreditation dates.
This will assist a future Choice program auditor who may not be familiar with the name change. It will show that the companies are one and the same and likely save you trouble and aggravation down the road.
However, if your accreditation was just granted or renewed, and will not be revisited for several years, you may want to contact Cognia and ask for a letter documenting the name change and your accreditation dates.
This will assist a future Choice program auditor who may not be familiar with the name change. It will show that the companies are one and the same and likely save you trouble and aggravation down the road.
If we have a student who is receiving special education services from public school staff, do we need to fill out public school enrollment forms and paperwork in order to receive the services?
If the special education services for the private school student are provided IN the private school, the student is NOT required to fill out any enrollment paperwork for the local public school district. If the services were provided AT the public school, at most immunization records may be required.
Can schools convert paper records to electronic records?
This question arises from a principal who asked whether the school could scan its athletic forms that are turned in from parents, including the Athletic Permit card (WIAA form) which has a parent signature on it. This leads to the larger questions of whether schools are allowed to convert student records to electronic records, if there are existing guidelines to address this and if the school must keep the original paper documents.
State statutes do not address private school records. However, in general, WCRIS suggests that schools are well-served by establishing a written policy on records retention and then following it closely and consistently. Schools are also well-served by having good electronic security to protect the records and limited access to the records.
WIAA has this to say about student information:
"WIAA member schools are required to verify a number of student information-related items in order to determine student eligibility. The WIAA does not prescribe how that information must be stored or retained. Those determinations are left to the schools and their own established policies.
WIAA needs and expectations would be that information is available to the WIAA on demand, should questions or a need arise. Whether those records are kept on paper or electronically, is left up to WIAA members."
State statutes do not address private school records. However, in general, WCRIS suggests that schools are well-served by establishing a written policy on records retention and then following it closely and consistently. Schools are also well-served by having good electronic security to protect the records and limited access to the records.
WIAA has this to say about student information:
"WIAA member schools are required to verify a number of student information-related items in order to determine student eligibility. The WIAA does not prescribe how that information must be stored or retained. Those determinations are left to the schools and their own established policies.
WIAA needs and expectations would be that information is available to the WIAA on demand, should questions or a need arise. Whether those records are kept on paper or electronically, is left up to WIAA members."
A family seeks to enroll a five year old in kindergarten at a private 4K-8th grade school. The school uses a kindergarten readiness test and the child is not ready for five-year-old kindergarten. The parents are told and counter that state law requires schools to admit students at this level based on age (five years old), not skill. Is this correct?
Wisconsin law requires children between the ages of 6 and 18 to attend school regularly. Wis. Stat § 118.15(1)(a) If a child is attending a 5K program, the law requires that child to attend regularly. These mandatory attendance requirements apply to public and private schools.
In Wisconsin's public schools, to attend first grade a child must attend 5K, unless they've received an exemption. Wisconsin law does not explicitly state that readiness can't be a factor to attend five-year-old kindergarten, but only identifies age as a factor for entrance. Thus, a public school must accept a five year old based on age, regardless of readiness.
Private schools, not in a Wisconsin Parental Choice Program, are not limited in using and applying admission policies. Thus, the requirement for entrance based on age for five-year-old kindergarten does not apply to private schools.
In Wisconsin's public schools, to attend first grade a child must attend 5K, unless they've received an exemption. Wisconsin law does not explicitly state that readiness can't be a factor to attend five-year-old kindergarten, but only identifies age as a factor for entrance. Thus, a public school must accept a five year old based on age, regardless of readiness.
Private schools, not in a Wisconsin Parental Choice Program, are not limited in using and applying admission policies. Thus, the requirement for entrance based on age for five-year-old kindergarten does not apply to private schools.
Our school would like to get the names and addresses of children in the public school district so we can send them information about our school. Is the school district obligated to give us this data?
The Wisconsin Open Records law requires public school districts to release student directory information, unless parents have opted out or unless districts have passed policies to restrict release of the data.
I've been told that private schools can ignore the new federal rules on overtime pay because they are exempt from the Fair Labor Standards Act (FLSA) because they are nonprofit organizations. Is this true?
The nonprofit exemption exists only under State of Wisconsin law. Unfortunately, nonprofits are not exempt from federal FLSA if they engage in any commerce, including charging tuition for education services. So, in short, the new overtime pay changes will still affect WCRIS member schools.
Must private schools follow the federal Family Rights and Privacy Act (FERPA)?
No. FERPA is a federal law that gives custodial and noncustodial parents alike certain rights with respect to their children's education records and includes requirements for schools about maintaining privacy for the student records it keeps.
FERPA applies to educational agencies and institutions (e.g., schools) that receive funding under any program administered by the US Department of Education. Private and parochial schools at the elementary and secondary levels generally do not receive such funding and are, therefore, not subject to FERPA. (Source: US Department of Education, Laws & Guidance/FERPA General Guidance for Parents, 6/26/15).
FERPA applies to educational agencies and institutions (e.g., schools) that receive funding under any program administered by the US Department of Education. Private and parochial schools at the elementary and secondary levels generally do not receive such funding and are, therefore, not subject to FERPA. (Source: US Department of Education, Laws & Guidance/FERPA General Guidance for Parents, 6/26/15).
