Providing that if a pupil receives a failing grade or fails to complete a course for which the school board has made payment under the program, the pupil's parent or guardian (or the pupil if he or she is an adult) must reimburse the school board upon the school board's request. If a school board has requested reimbursement and has not been reimbursed, the pupil is ineligible to participate in the program.

Providing that a technical college must admit an eligible pupil (unless the pupil is rejected because of disciplinary problems) if there is space available in the course after admission of individuals who are not attending the technical college under the program. This provision clarifies that pupils under the program do not take priority for admission over others applying to attend a technical college as a postsecondary student.

The rules will also make the following technical modifications:

Clarifying that regardless of whether the pupil plans to attend an IHE or technical college, only one deadline applies (May 15 for the fall semester and November 15 for the spring semester) to school boards when notifying the pupil of its determinations of high school credit.

Replacing the term “child with exceptional educational needs" with “child with a disability" to be consistent with terminology used under subchapter V of chapter 115, Stats.

Clarifying provisions relating to payment for equipment under the program.

Adding a web address to notes within the rules to allow easier accessibility to forms and other information referenced in the rules.

Eliminating the requirement that the state superintendent's decisions be sent by certified mail.

Summary of, and comparison with, existing or proposed federal regulations: None.

Comparison with rules in adjacent states:

According to the 2001 Postsecondary Options: Dual/Concurrent Enrollment Report compiled by the Education Commission of the States Center for Community College Policy, the following is a summary of similar programs offered in states adjacent to Wisconsin:

Illinois: Generally students are taught by college faculty, either at the college or high school or through distance education. The Board of Education encourages AP courses. The Illinois Community College Board has developed policies governing admission to postsecondary courses by high school students. The board also has developed funding policies for dual enrollment courses. Most college courses are offered by community colleges. The student or school district pays for courses. It is a local decision as to who pays the tuition costs for dually enrolled students.

Iowa: Generally students are taught by college faculty, either at the college or high school or through distance education. The program allows 11th and 12th grade students to enroll part time in nonsectarian college courses in eligible institutions. A gifted and talented student, according to the school's criteria, may also enroll in college courses. A student may enroll part-time in an eligible postsecondary institution for no more than four semester terms or six quarter terms unless identified as a gifted and talented 9th- or 10th-grade student. Students may enroll in any of the three state universities, the 15 public community colleges, and accredited private institutions as defined in Iowa's code and are eligible for the Iowa Tuition Grant Program. Students must meet entrance requirements for postsecondary courses as determined by the postsecondary institution before they can enroll. Students may not enroll in eligible postsecondary courses if the high school in which a student is enrolled offers a comparable course. The student or school district pays for the courses. If the student does not successfully complete the college courses, the student must pay.

Michigan: Generally students are taught by college faculty, either at the college or high school or through distance education. The program allows high school students to participate in dual enrollment or other postsecondary options. Qualified students for dual enrollment must take the MEAP High School Test and must be endorsed in the subject area in which they wish to dually enroll. If a subject has no endorsement, students are eligible to dually enroll in those areas as long as they have taken the MEAP High School Test. An eligible student must be enrolled in at least one high school class in at least grade 11in a school district in Michigan, except a foreign exchange student enrolled under a cultural exchange program. The postsecondary enrollment options program establishes eligibility criteria for students, institutions and courses. It mandates eligible charges for tuition, course fees and registration fees that can be charged to a school district. It creates requirements for enrollment and credit. The program requires schools to provide postsecondary options counseling and mandates school districts to report to the Department of Education. The school district pays for the courses.

Minnesota: Generally students are taught by college faculty, either at the college or high school or through distance education. This is the oldest dual enrollment program in the United States. All high school juniors/seniors, except cultural exchange students, and some adults 21 years of age who do not have a high school diploma, are eligible to participate under the High School Graduation Incentives Act. Students may enroll in any public or private postsecondary institution. The student may only enroll in nonsectarian courses. The student or the state pays for the courses.

Summary of factual data and analytical methodologies:

The statutory language relating to the Youth Options program under s. 118.55, was modified thereby necessitating the amending of its corresponding administrative code, Chapter PI 40.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A

Anticipated costs incurred by private sector: None.

Effect on small business:

The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.

The proposed rule itself is not expected to have a fiscal effect separate from the legislation modified under the Act. Therefore, this fiscal note is based on the provisions in 2003 Wisconsin Act 131. The provisions under the Act which may have a fiscal effect on school district costs include:

1. Repealing the provision which required a school district to pay for ½ of comparable courses (up to six credits) for a pupil who attended a technical college for 10 or more credits in any semester. The amount saved by a school district would depend on the number of pupils participating in the technical college, the total number of credits taken, the total number of comparable credits taken, and the district's average per pupil cost in the previous school year. These amounts are indeterminate. This provision will have no state fiscal effect.

2. Repealing the prohibition against taking more than 15 credit hours per semester at an institution of higher education (IHE) and allowing a school district to establish a policy limiting its payment to the equivalent of 18 postsecondary semester credits for noncomparable courses taken for high school credit at an IHE or technical college. The amount saved by a school district would depend on whether it elects to establish a policy limiting its payment to 18 postsecondary semester credits for noncomparable courses taken at an IHE or technical college. If a district does establish such a policy, payment could be limited to 18 semester credits taken over 4 semesters. Using the statutory payment for private universities under s. 118.55 (1) (c), Stats., of $273 per semester credits, payment over 4 semesters would be $4,914 (18 semester credits X $273 per credit). Under the previous language, a district could pay up to $16,380 (15 semester credits X 4 semesters X $273 per credit). This provision will have no state fiscal effect.

3. Providing that if a pupil receives a failing grade or fails to complete a course for which the school board has made payment under the program, the pupil's parent or guardian (or the pupil if he or she is an adult) must reimburse the school board upon the school board's request. This provision benefits school districts fiscally by allowing them to recover tuition or fees paid for courses that a pupil drops or fails. Because it is unknown how many pupils fail or drop courses or whether a school district could actually recover the payment from the pupil or his or her parent, these fiscal benefits are indeterminate. This provision will have no state fiscal effect.

4. Eliminating the requirement that the state superintendent's decisions be sent by certified mail. The department sends approximately 20 letters a year at $2.40 per letter for a savings of $48 annually. This provision will have no local fiscal effect.

The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.