Wis. Admin. Code Department of Public Instruction PI 7.05 - Parent contracts for transportation of pupils to private schools
(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 he or she 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.
Notes
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