2017 - 2018 LEGISLATURE
January 12, 2017 - Introduced by Representative Ott, by request of Department
of Public Instruction. Referred to Committee on Judiciary.
1An Act to repeal
118.51 (4) (a) 4., 118.51 (6) and 118.51 (7) (a); to renumber
118.51 (7) (b); and to amend
118.51 (3) (a) 4. and 118.51 (9) of the statutes; 3relating to: open enrollment (suggested as remedial legislation by the
4Department of Public Instruction).
Analysis by the Legislative Reference Bureau
This bill eliminates an expired provision of the open enrollment program. The
bill also eliminates a provision in the open enrollment program that permits a school
district to deny the transfer of a pupil into or out of the school district if the transfer
would increase racial imbalance in the school district. In December 2007, the
Wisconsin attorney general issued an opinion finding this provision to be
unenforceable based upon a decision of the U.S. Supreme Court in
in Community Schools, et al. v. Seattle School District No. 1, 551 U.S. 701 (2007).
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
118.51 (3) (a) 4. of the statutes is amended to read:
(a) 4. On or before the 2nd Friday following the first Monday in June 7
following receipt of a copy of the application, if a resident school board denies a pupil's
enrollment in a nonresident school district under sub. (6) or (7)
, the resident school 2
board shall notify the applicant and the nonresident school board, in writing, that 3
the application has been denied and include in the notice the reason for the denial.
118.51 (4) (a) 4. of the statutes is repealed.
118.51 (6) of the statutes is repealed.
118.51 (7) (a) of the statutes is repealed.
118.51 (7) (b) of the statutes is renumbered 118.51 (7).
118.51 (9) of the statutes is amended to read:
118.51 (9) Appeal of rejection.
If the nonresident school board rejects an 10
application under sub. (3) (a) or (7), the resident school board prohibits a pupil from 11
attending public school in a nonresident school district under sub. (3m) (d), (6), or (7), 12
or the nonresident school board prohibits a pupil from attending public school in the 13
nonresident school district under sub. (11), the pupil's parent may appeal the 14
decision to the department within 30 days after the decision. If the nonresident 15
school board provides notice that the special education or related service is not 16
available under sub. (12), the pupil's parent may appeal the required transfer to the 17
department within 30 days after receipt of the notice. The department shall affirm 18
the school board's decision unless the department finds that the decision was 19
arbitrary or unreasonable.