Private School Choice Programs Q&A
My substitute teacher has a short-term substitute license from the DPI because she completed a training program and has an associate's degree. However, during my choice audit, the auditor flagged that teacher, saying she needed to have a bachelor's degree. I thought state law allowed a teacher to have a license OR bachelor's degree.
Yes, you’re correct. State law allows for a teacher in a choice school to have a license from the DPI or a bachelor's degree. However, the short-term substitute license isn’t considered a license in state law. It’s legally a permit. And since it’s not considered a license, it doesn’t meet the teacher credential requirements of the choice program. Therefore, your substitute teacher still needs a bachelor's degree in the absence of a license.
This is what the DPI publishes in its credential bulletin:
13) Does a short-term substitute permit issued by DPI meet the requirement for teachers or substitute teachers?
A short-term substitute teacher permit (also referred to as a short-term substitute license) does not meet the Choice program teacher educational credential requirement.
The DPI’s language on its short-term substitute licensing page is confusing. Although the DPI calls it a license, it doesn’t meet the criteria for teachers in choice schools. As of December 2023, the DPI is working on clarifying the page.
This is what the DPI publishes in its credential bulletin:
13) Does a short-term substitute permit issued by DPI meet the requirement for teachers or substitute teachers?
A short-term substitute teacher permit (also referred to as a short-term substitute license) does not meet the Choice program teacher educational credential requirement.
The DPI’s language on its short-term substitute licensing page is confusing. Although the DPI calls it a license, it doesn’t meet the criteria for teachers in choice schools. As of December 2023, the DPI is working on clarifying the page.
My oversight authorities finally agreed to allow my school to join the choice program. What are some things we can do to make sure that we maintain our mission and values? Or limit government intervention as much as possible?
Great question. Several seasoned WCRIS choice schools have found the following to be helpful:
When it comes to the Special Needs Scholarship Program (SNSP), under-promise parents what your school and staff can do for their student(s). This will allow you to over-deliver without invoking other regulations.
Remember, students must be admitted on a first-come-first-served basis or randomly (by lottery), whether or not they're a part of your school or sponsoring church. You can’t require students and families to attend church or participate in volunteer activities.
- Cap your student participation so that it never exceeds 10% of your total enrollment;
- Enroll no more than 19 choice students at any one time so you are not required to administer the state examinations;
- Develop a long range plan to operate without state vouchers, should your school need to leave the program for any reason;
- Operate for a year as if you were in the program to learn all the requirements and what it would mean for your school;
- Update your student/ parent handbook to infuse it with your religious values and expectations; and,
- Formally dedicate an appropriate amount of staff to adequately meet the requirements of the program.
When it comes to the Special Needs Scholarship Program (SNSP), under-promise parents what your school and staff can do for their student(s). This will allow you to over-deliver without invoking other regulations.
Remember, students must be admitted on a first-come-first-served basis or randomly (by lottery), whether or not they're a part of your school or sponsoring church. You can’t require students and families to attend church or participate in volunteer activities.
My school wants to join the choice program, but I see that there are some deadlines for new private schools in August that I’ve missed. I thought the deadline to register was Jan. 10. Which deadline is it?
Like many things in state law, the use of words can be confusing. In this instance, which deadline your school has to meet depends on the DPI’s classification of your school. There are two DPI categories for schools looking to join the choice program for the first time:
It’s easy to misunderstand the terms and assume your school is a “new private school, new to the program,” since you’re just starting the program.
However, most WCRIS member schools will likely meet the definition of "existing private school, new to the program." The DPI defines an “existing private school” as a school that’s been in operation for more than 12 months and has more than 40 students or three grade levels enrolled.
Schools that are considered existing must register by Jan. 10 of the school year preceding the school year they wish to participate in the choice program. So for these schools, the deadline would be Jan. 10, 2024 for the 2024-25 school year.
A few schools may meet the definition of a "new private school, new to the program" if they do not meet the DPI’s conditions of an existing private school above. “New private schools, new to the program” will need to meet the Aug. 1 deadline of the school year preceding the school year they wish to participate in the choice program. So to participate in the 2024-25 school year, the deadline was August 1, 2023.
Go here for information about how the DPI categorizes private schools and each type of school’s requirements.
Please note: These deadlines are for the Milwaukee, Racine and Wisconsin parental choice programs. There are other deadlines for the Special Needs Scholarship Program (SNSP).
- New private school, new to the program; or
- Existing private school, new to the program.
It’s easy to misunderstand the terms and assume your school is a “new private school, new to the program,” since you’re just starting the program.
However, most WCRIS member schools will likely meet the definition of "existing private school, new to the program." The DPI defines an “existing private school” as a school that’s been in operation for more than 12 months and has more than 40 students or three grade levels enrolled.
Schools that are considered existing must register by Jan. 10 of the school year preceding the school year they wish to participate in the choice program. So for these schools, the deadline would be Jan. 10, 2024 for the 2024-25 school year.
A few schools may meet the definition of a "new private school, new to the program" if they do not meet the DPI’s conditions of an existing private school above. “New private schools, new to the program” will need to meet the Aug. 1 deadline of the school year preceding the school year they wish to participate in the choice program. So to participate in the 2024-25 school year, the deadline was August 1, 2023.
Go here for information about how the DPI categorizes private schools and each type of school’s requirements.
Please note: These deadlines are for the Milwaukee, Racine and Wisconsin parental choice programs. There are other deadlines for the Special Needs Scholarship Program (SNSP).
I want to join the choice program to help my students and grow my school; however, my oversight authority isn’t on board. How can I “move the needle” and convince them to allow my school to participate in the program?
It’s more common than you think for schools and oversight authorities to have differing interests. Joining the choice program can undoubtedly provide significant financial assistance to schools. But, it’s crucial for school leaders to carefully consider whether this decision aligns with their school's mission and long-term goals.
For you and your school community, the choice program allows eligible students to attend your school who may have not been able to afford it previously. The influx of students brings with it additional funding from the state, which can financially benefit struggling schools. The financial support obtained through the program can be used to enhance educational programs, improve infrastructure and provide students with better resources and opportunities.
For your oversight organization, the financial advantages are undeniable, but the impact of joining the choice program on schools’ missions must be evaluated. Every school has a unique vision and mission statement that directs its educational approach and core values. It’s your oversight authorities’ job to protect that. The choice programs invoke substantial government bureaucracy and compliance. And oversight organizations are wary that choice participation may endanger religious mission and values – if not now, potentially in the future. After all, above all else, your mission and values make your school desirable to parents.
There’s no surefire method to convince the head of your organization or church or board to join. Find other schools in your denomination or organization that have successfully joined and are operating the program. Take lessons from them.
The best defense may be to develop a strategic plan that anticipates a hypothetical need to exit the program while keeping the school in operation, should your participation in the program cease for any reason. WCRIS has also suggested that schools consider operating for a year as if they were in the program, but are not, being mindful of the programs’ requirements and deadlines throughout the year. A “dry run” can be educational for all.
Ultimately, continue to have conversations with your oversight authorities and respect their final decisions. Program requirements, leadership and circumstances can change.
If you have further questions or would like WCRIS to visit your school to talk about the program requirements and considerations, please contact our office.
For you and your school community, the choice program allows eligible students to attend your school who may have not been able to afford it previously. The influx of students brings with it additional funding from the state, which can financially benefit struggling schools. The financial support obtained through the program can be used to enhance educational programs, improve infrastructure and provide students with better resources and opportunities.
For your oversight organization, the financial advantages are undeniable, but the impact of joining the choice program on schools’ missions must be evaluated. Every school has a unique vision and mission statement that directs its educational approach and core values. It’s your oversight authorities’ job to protect that. The choice programs invoke substantial government bureaucracy and compliance. And oversight organizations are wary that choice participation may endanger religious mission and values – if not now, potentially in the future. After all, above all else, your mission and values make your school desirable to parents.
There’s no surefire method to convince the head of your organization or church or board to join. Find other schools in your denomination or organization that have successfully joined and are operating the program. Take lessons from them.
The best defense may be to develop a strategic plan that anticipates a hypothetical need to exit the program while keeping the school in operation, should your participation in the program cease for any reason. WCRIS has also suggested that schools consider operating for a year as if they were in the program, but are not, being mindful of the programs’ requirements and deadlines throughout the year. A “dry run” can be educational for all.
Ultimately, continue to have conversations with your oversight authorities and respect their final decisions. Program requirements, leadership and circumstances can change.
If you have further questions or would like WCRIS to visit your school to talk about the program requirements and considerations, please contact our office.
Can I use my synod’s materials to train my staff on mandated reporting of child abuse and neglect?
State law indicates that all school employees are mandated reporters of child abuse and neglect. However, specific mandated reporting training is only required of staff employed at public schools or a private school that participates in the choice programs or Special Needs Scholarship Program.
If your school participates in choice, the DPI has indicated that you have to use its training resources, and all new staff at the choice school must be trained within the first six months of hire and at least every five years thereafter.
The DPI’s resources were created to help school officials facilitate an in-person training session with several staff members, or there’s an online module that individuals can complete at their own pace. Either option will satisfy the requirement. You may want to keep in mind that the DPI’s resources are generally designed for public school culture so private school leaders may want to supplement the information with their jurisdiction’s materials after completing the DPI’s training.
Some lawmakers have just recently begun to question the legality of requiring choice schools to use the DPI’s training. WCRIS is grateful for their efforts, but until the DPI changes its guidance, choice schools still have to comply.
If your school doesn’t participate in the choice programs, you can use training materials from your synod, diocese or oversight jurisdiction. It may be helpful to also incorporate the DPI’s many resources to add to your staff’s knowledge as all school staff are still mandated reporters of child abuse and neglect. Find the DPI’s materials here.
If your school participates in choice, the DPI has indicated that you have to use its training resources, and all new staff at the choice school must be trained within the first six months of hire and at least every five years thereafter.
The DPI’s resources were created to help school officials facilitate an in-person training session with several staff members, or there’s an online module that individuals can complete at their own pace. Either option will satisfy the requirement. You may want to keep in mind that the DPI’s resources are generally designed for public school culture so private school leaders may want to supplement the information with their jurisdiction’s materials after completing the DPI’s training.
Some lawmakers have just recently begun to question the legality of requiring choice schools to use the DPI’s training. WCRIS is grateful for their efforts, but until the DPI changes its guidance, choice schools still have to comply.
If your school doesn’t participate in the choice programs, you can use training materials from your synod, diocese or oversight jurisdiction. It may be helpful to also incorporate the DPI’s many resources to add to your staff’s knowledge as all school staff are still mandated reporters of child abuse and neglect. Find the DPI’s materials here.
Do I have to train my staff on Title IX since my school participates in the Wisconsin Parental Choice Program (WPCP)?
No. Only schools that receive Federal Financial Assistance (FFA) must comply with Title IX regulations. However, religious schools are exempt from Title IX and its training requirements if there is a conflict between Title IX and a school’s religious beliefs.
Most importantly, since Title IX is triggered by the receipt of federal funds, it is in no way tied to the WPCP or the Milwaukee and Racine choice programs or the SNSP. These programs are funded with state dollars.
Choice schools do have to comply with federal provisions that prohibit discrimination based on race, color or national origin. But this is not Title IX.
See page 14 in your WCRIS School Choice Handbook for more information.
Most importantly, since Title IX is triggered by the receipt of federal funds, it is in no way tied to the WPCP or the Milwaukee and Racine choice programs or the SNSP. These programs are funded with state dollars.
Choice schools do have to comply with federal provisions that prohibit discrimination based on race, color or national origin. But this is not Title IX.
See page 14 in your WCRIS School Choice Handbook for more information.
Is the state law requiring Holocaust education just for parental choice schools or for all private schools?
The requirement became effective April 29, 2021, and only applies to schools in the Choice programs.
Wisconsin's 2021 Act 30 requires schools in the Choice programs to provide Holocaust and other genocide education to grade 5-8 once, and 9-12 once. Schools are required to implement this provision by July 1, 2022.
Wisconsin's 2021 Act 30 requires schools in the Choice programs to provide Holocaust and other genocide education to grade 5-8 once, and 9-12 once. Schools are required to implement this provision by July 1, 2022.
Can I leave the process of joining a choice program after I file my school’s Intent to Participate form? If so, when can I leave the process?
Yes, a school can leave the Choice program after their Intent to Participate is filed. There is no “penalty” for doing so. But, there could be some financial loss; since during the process, there are some fees that must be paid. Therefore, it is in the best interest of a school to leave sooner rather than later in the process. As you get closer to accepting applications, there is more work involved in undoing what you have done.
We had a meeting with our LEA last week, and they were discussing the reporting needed for compliance with the new state statute related to seclusion and restraint. Do we send our reports to them? To DPI? To our own board? Do we send them any time any student is secluded or restrained, or just when it involves a student in the Special Needs Scholarship Program (SNSP)?
The law only covers schools participating in the SNSP. It's a brand new requirement, and there are many details. See pages 91-96 of the new WCRIS Legal Handbook.
Three key things to know: The law defines "governing body" as the oversight board of your private school, NOT the public school district.
The report to the private school governing body must include: the number of incidents of seclusion in the school during the previous school year; the total number of pupils who were involved in the incidents of seclusion; the number of children with disabilities who were involved in the incidents of seclusion; the number of incidents of physical restraint in the school during the previous school year; the total number of pupils who were involved in the incidents of physical restraint; and the number of children with disabilities who were involved in the incidents of physical restraint.
Additionally, annually by December 1, each governing body that receives a report must submit to the state superintendent a report that contains the information for each school under the governing body's charge.
Note: A free copy of the newly updated WCRIS Legal Handbook was sent to every WCRIS member school in September. If you want more copies, they are available to purchase here.
Three key things to know: The law defines "governing body" as the oversight board of your private school, NOT the public school district.
The report to the private school governing body must include: the number of incidents of seclusion in the school during the previous school year; the total number of pupils who were involved in the incidents of seclusion; the number of children with disabilities who were involved in the incidents of seclusion; the number of incidents of physical restraint in the school during the previous school year; the total number of pupils who were involved in the incidents of physical restraint; and the number of children with disabilities who were involved in the incidents of physical restraint.
Additionally, annually by December 1, each governing body that receives a report must submit to the state superintendent a report that contains the information for each school under the governing body's charge.
Note: A free copy of the newly updated WCRIS Legal Handbook was sent to every WCRIS member school in September. If you want more copies, they are available to purchase here.
A student was caught engaging in behavior that violates our school policies as laid-out in our school handbook. It was a dismissible offense. However, we allowed the child to withdraw rather than being dismissed. The student is in a Choice program. The student wants to come back next year via the Choice program. Are we required to admit them?
State law says the only information private schools can use to determine eligibility for the Choice program is family income, prior year attendance, residency and age of students entering K4, K5, and grade 1.
However, once admitted, the school can then follow its policy on expulsion and/or dismissal of the particular student wanting to return. In this case, if the school had dismissed the student under its policy, and the policy forbade the student from ever returning, or returning after a time away, the school would then follow that policy.
But, in this case, since the school did not follow its policy and did not dismiss the student, it can not bar the student from attending the school.
Every school will have different standards for dismissal/expulsion and return. Those policies govern how such a situation will be handled.
The lesson here is to have your school attorney help you draft an objective school policy that anticipates misbehaving students wanting to return and explains how that will be handled (dismissed forever, for a semester, for a year?). And, then after notifying parents of these policies, a school must make sure it follows them faithfully, and treats every student equitably, regardless of whether or not they are in a Choice program.
However, once admitted, the school can then follow its policy on expulsion and/or dismissal of the particular student wanting to return. In this case, if the school had dismissed the student under its policy, and the policy forbade the student from ever returning, or returning after a time away, the school would then follow that policy.
But, in this case, since the school did not follow its policy and did not dismiss the student, it can not bar the student from attending the school.
Every school will have different standards for dismissal/expulsion and return. Those policies govern how such a situation will be handled.
The lesson here is to have your school attorney help you draft an objective school policy that anticipates misbehaving students wanting to return and explains how that will be handled (dismissed forever, for a semester, for a year?). And, then after notifying parents of these policies, a school must make sure it follows them faithfully, and treats every student equitably, regardless of whether or not they are in a Choice program.
What are the obligations for admission to a five-year old kindergarten program at a private school in a Wisconsin Parental Choice Program (PSCP)?
Wisconsin's PSCPs include both four-year and five-year old kindergarten. Wisconsin law requires that private schools use random selection for children in a voucher program. A school may only give preference to student applications who are continuing in the program or their siblings attend the private school. Thus, private schools in a PSCP with a five-year old kindergarten must accept and enroll a five-year old applicant with a voucher, on a random basis, regardless of skill or readiness.
Are new schools to the choice program allowed to apply for teacher credential waivers?
No, new teacher waivers are no longer available to choice schools. All Milwaukee waivers have expired. Racine waivers were only available in 2011 and expire in 2016. WPCP waivers were only available in 2013 and expire in 2018.
What does a private school do that has PreK and K teachers with associate degrees (and day care licenses)? Can they enroll those grades in the WPCP?
All teachers in choice schools must have at least a bachelor's degree from an accredited institution or a Wisconsin teacher's license. If they have proof of high school graduation or equivalent, they may work as a teacher's aide, under the supervision of a degreed teacher.
The Wisconsin Parental Choice Program requires participating schools to have Fidelity Bonds. What are these?
The DPI put that requirement into place for the Milwaukee Parental Choice Program as a "sound fiscal practice" under the Department's authority to develop Administrative Rules. It's likely the rule will be placed in the Administrative Code for the Racine and Wisconsin Parental Choice programs, as well.
The rule, PI 35.047(11), says: "A private school shall have a fidelity bond indemnifying the private school against loss resulting from dishonesty, malfeasance, or neglect by owners, officers or employees."
A fidelity bond is a type of insurance that covers policyholders from losses they could incur from fraudulent acts by specified individuals. Contact your insurance provider for more information.
The rule, PI 35.047(11), says: "A private school shall have a fidelity bond indemnifying the private school against loss resulting from dishonesty, malfeasance, or neglect by owners, officers or employees."
A fidelity bond is a type of insurance that covers policyholders from losses they could incur from fraudulent acts by specified individuals. Contact your insurance provider for more information.
I'm a school that wants to participate in the Wisconsin Parental Choice Program. I can't find the list of state-approved contractors for a Student Information System (SIS). Where is it?
The state does not have an approved SIS vendor. However, it does have a list of vendors who are currently in use by one or more schools/districts in Wis.; or has expressed an interest in making their product compliant so they can market to schools/districts in Wis.; or is working to make their SIS system compliant with one or more other states.
A list of vendors and an overview of what is required in a Choice school's student information system can be found here
A list of vendors and an overview of what is required in a Choice school's student information system can be found here
Is a private school in the voucher program required to admit students with special needs?
A private school may not discriminate against a child with special educational needs during the admissions process for the Choice programs. However, as a private school, a Choice school is required to offer only those services to assist students with special needs that it can provide with minor adjustments, according to the DPI.
Many voucher schools have found that the best practice is to conduct placement tests for all incoming students, including those with special needs. This will allow the private school to offer each child a placement that matches their academic abilities, even if it is at a lower grade level.
In addition, to help parents make the best choice possible for their children, principals should encourage parents of special needs students to contact the local school district for more information on the services the district provides to children with special needs who are enrolled in the public schools and the lesser services that the district provides children with special needs who are enrolled in private schools.
Many voucher schools have found that the best practice is to conduct placement tests for all incoming students, including those with special needs. This will allow the private school to offer each child a placement that matches their academic abilities, even if it is at a lower grade level.
In addition, to help parents make the best choice possible for their children, principals should encourage parents of special needs students to contact the local school district for more information on the services the district provides to children with special needs who are enrolled in the public schools and the lesser services that the district provides children with special needs who are enrolled in private schools.
At the end of the parent application for the WPCP, some parents receive an error message that says to either correct information or delete children from the list of applicants. These students are not in entry-point grades; however, parents do not want to delete these children from the application who have previously been on the waiting list because they would need to re-establish income eligibility when they reach 9th grade. Does this mean that all students between 2nd and 8th grade need to be deleted from applications and parents then have to prove income eligibility again when they enter 9th grade?
Yes. Students who are not in eligible or "entry-point" grades will need to reapply when entering an eligible grade as a new student. The "once in, always in" provision for income does not carry over indefinitely for the waiting list.
I am being told by the public school district that a student will lose all of his or her special education services from the district if we enroll them through the Special Needs Scholarship Scholarship Program (SNSP). Is that true?
Participation in the SNSP does not eliminate the public school district's obligation to provide federal education services under IDEA or ESSA. See page 7 of this FAQ for parents on the Special Needs Scholarship Program from the DPI.
The private school must provide a profile of its special education program to each child who applies to the school (see page 91 of the 2020-21 WCRIS Legal Handbook). So parents know what the school is capable of providing its students.
The statute requires the private school to:
1. Implement the child's most recent individualized education program or services plan, as modified by agreement between the private school and the child's parent, and related services agreed to by the private school and the child's parent that are not included in the child's individualized education program or services plan.
Those very modifications allow the private school to implement a plan that is different than what the public school would do if they were enrolling the child.
What the private school does for the child does not undo the district's obligation to provide services to that same child under IDEA or ESSA. The district can not withhold IDEA or ESSA services because of private school programming, however the child is funded (tuition, SNSP, private scholarship, etc). The level of services the child receives will likely be different than if the child's parent were choosing a Free Appropriate Public Education (FAPE).
The private school must provide a profile of its special education program to each child who applies to the school (see page 91 of the 2020-21 WCRIS Legal Handbook). So parents know what the school is capable of providing its students.
The statute requires the private school to:
1. Implement the child's most recent individualized education program or services plan, as modified by agreement between the private school and the child's parent, and related services agreed to by the private school and the child's parent that are not included in the child's individualized education program or services plan.
Those very modifications allow the private school to implement a plan that is different than what the public school would do if they were enrolling the child.
What the private school does for the child does not undo the district's obligation to provide services to that same child under IDEA or ESSA. The district can not withhold IDEA or ESSA services because of private school programming, however the child is funded (tuition, SNSP, private scholarship, etc). The level of services the child receives will likely be different than if the child's parent were choosing a Free Appropriate Public Education (FAPE).
I have a family that has moved from another state who would qualify for the choice program. If they have missed the application window, can they apply?
No, the application window has closed.
Out-of-state students are eligible for the program regardless of previous public or private school enrollment, if they apply during the application window.
It is recommended that your out-of-state students attend their local public school to maintain their eligibility for the choice program next year. Students who were previously enrolled at a public school can apply to the choice program at any grade level. However, students who were previously enrolled at a private school must be applying for: K4, K5, first grade or ninth grade.
For more information about out-of-state students applying to the choice program, see question 16 on this DPI bulletin.
Questions about the choice program are also addressed in the WCRIS School Choice Handbook. Order your copy here.
Out-of-state students are eligible for the program regardless of previous public or private school enrollment, if they apply during the application window.
It is recommended that your out-of-state students attend their local public school to maintain their eligibility for the choice program next year. Students who were previously enrolled at a public school can apply to the choice program at any grade level. However, students who were previously enrolled at a private school must be applying for: K4, K5, first grade or ninth grade.
For more information about out-of-state students applying to the choice program, see question 16 on this DPI bulletin.
Questions about the choice program are also addressed in the WCRIS School Choice Handbook. Order your copy here.
