State Department of Public Instruction officials are questioning whether academic programs at three schools in Milwaukee's groundbreaking voucher program meet minimum standards set by state law to be considered schools.

Two of the schools have been notified they will be dropped from the program, although officials of the two say they expect to reverse that decision. The third has been formally asked to document aspects of its program, but no decision has been made on action.

In addition, state regulators said Monday they had ordered Ida B. Wells Academy, a voucher school that received more than $94,000 in state funds last year, out of the program because it had not met several requirements. Two other voucher schools have not received checks this fall because they have not met financial reporting requirements.

The DPI actions come as regulation of the business aspects of voucher schools has been strengthened and regulators take a more assertive role in enforcing standards. Key leaders of the voucher program have supported stronger enforcement.

Two of the three schools being questioned - Dr. Brenda Noach Choice School and L.E.A.D.E.R. Institute - were examined as part of the Journal Sentinel's five-month investigation of the program this year. Reporters visited 106 of the then 115 schools, the most extensive look into the program ever conducted. The findings were published in June.

Dr. Brenda Noach Choice School, which rents space in the War Memorial building on the lakefront that also houses the Milwaukee Art Museum, was told by the DPI that it would be prohibited from taking part in the voucher program because it had not shown that it "provides a sequentially progressive curriculum of fundamental instruction in reading, language arts, mathematics, social studies, science and health."

During a visit to the school last winter, a Journal Sentinel reporter found that some classrooms appeared to be short on textbooks. When the question came up, Pastor Charles Ewing, the school's superintendent, showed a reporter a locked closet where some books were kept. Students in other classrooms appeared to spend an above-average amount of time not engaged in lessons and the bulk of the students were in ground-level classrooms with no windows and spare decor.

Reporters have not visited the school this school year.

L.E.A.D.E.R. Institute, 2200 N. King Drive, was told its program did not meet the requirement that it provide 875 instruction hours in a school year.

L.E.A.D.E.R. was one of nine schools in the voucher program that would not allow a visit by Journal Sentinel reporters.

Northside High School, 4840 W. Fond du Lac Ave., has been asked formally by the DPI to document that its programs, including a day school and an evening school, provide at least 875 hours of instruction. It is housed in space previously used by Academic Solutions and is led by a former official of Academic Solutions, a high school that was closed by the DPI last year. Northside opened this fall.

Together, the three schools already have received more than $700,000 this school year through the state program.

Questions about whether the three schools qualify as schools come under long-standing state law and not the new regulations. This is the first time since 1999 that the state has challenged any voucher schools on whether they meet those standards.

Tom Erickson, an attorney for the Brenda Noach school, said that because of "an administrative misunderstanding," school leaders did not submit to the state a 27-page document describing its curriculum. He said the document would satisfy the state's concerns.

Henry Tyler, executive administrator of L.E.A.D.E.R, said the school had given the state a schedule that counted recess and lunch as part of the 875 hours and DPI officials said that was not acceptable. But he said that if the school's summer sessions are counted, it provides 875 hours of instruction. The school has a year-round program, he said.

Ricardo Brooks, administrator of Northside High, did not respond to a request for comment.

More active role for DPI

Tony Evers, deputy state superintendent of schools, said Brenda Noach and L.E.A.D.E.R. will be given appeals hearings and it was likely the matters would be resolved. But, he said, it was frustrating that the schools had not provided adequate information previously. He said the legal standards for a private school are "an almost minimalist standard."

Overall, Evers said, DPI expects to be more active in enforcing rules on voucher schools, given the intent of the Legislature and of choice school advocates in stiffening standards.

DPI officials announced earlier that eight private schools had checks withheld at the end of September because they had not provided required financial statements. One of those was Ida B. Wells. Four others have met the requirements since then and have been given their checks; a fifth will get its check soon. Still not getting checks are Howard's Learning Academy, 5235 N. Hopkins St., and Veritas Academy, 921 N. 49th St. Veritas Academy is not to be confused with Veritas High School, a charter school at 3025 W. Oklahoma Ave.

DPI officials are to release figures soon for how many students in the city are attending private schools, including religious schools, on vouchers; the total is expected to be near or over the legal cap for the program, which is 14,751 this year. The state is providing up to $6,351 per student under the voucher program.