A circuit court recently ruled that the DPI overstepped its authority by mandating certain residency verification policies for the choice programs, commonly coined the “perfection rule.” The court found that the DPI didn’t go through the appropriate rule-making process for these requirements.
The decision was the outcome of a lawsuit filed by WCRIS allies, the Wisconsin Institute for Law and Liberty (WILL) and School Choice Wisconsin.
So what does this ruling mean for choice schools?
According to the DPI and WILL, schools still have to obtain residency documentation showing that the student resides at the address on the application at the time of the application, and the date-related requirements for that documentation are not changing.
However, the list of acceptable residency documentation is no longer exclusive. Rather, the department will provide a list of suggested documentation that schools can confidently use to verify residency.
Further, the DPI can no longer regulate abbreviations in addresses or variations in parent/guardian name when comparing the application to the residency documentation.
The DPI indicated that it will post materials to help schools, and schools should use their best judgment in verifying the residency documentation submitted with an application. Residency documents will still be examined by an auditor during the programs’ required audit processes.
This ruling only impacts applications going forward and cannot be applied retroactively, according to WILL.
The DPI does have until May 9 to appeal the decision, but has indicated that it’s working on updated materials to help private schools. In the future, the DPI could create official administrative rules to enforce its previous guidance.
If you have specific questions, please contact WILL.
