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Register September 2012 No. 681
Chapter PI 36
PUBLIC SCHOOL INTER-DISTRICT OPEN ENROLLMENT
Subchapter I — General Provisions
PI 36.01 Authority and intent.
PI 36.02 Definitions.
Subchapter II — Full-time Open Enrollment
PI 36.03 Parent and pupil responsibilities.
PI 36.04 Nonresident school board responsibilities.
PI 36.05 Resident school board responsibilities.
Subchapter III — Part-time Open Enrollment
PI 36.06 Parent and pupil responsibilities.
PI 36.07 Nonresident school board responsibilities.
PI 36.08 Resident school board responsibilities.
PI 36.09 Calculating cost of course.
Subchapter IV — Appeals
PI 36.10 Appeals.
Ch. PI 36 Note Note: This chapter was created as an emergency rule effective January 17, 1998.
subch. I of ch. PI 36 Subchapter I — General Provisions
PI 36.01 PI 36.01 Authority and intent.
PI 36.01(1) (1) This chapter is adopted under s. 227.11 (2) (a) and (b), Stats., and interprets ss. 118.51, 118.52, and 121.05 (1) (a), Stats.
PI 36.01(2)(a)(a) Under s. 118.51, Stats., a pupil in grades kindergarten to twelve may attend a public school in a nonresident school district under the full-time open enrollment program. A pupil may attend a prekindergarten, 4-year-old kindergarten, early childhood or school-operated day care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and only if the pupil is eligible to attend that program in his or her resident school district.
PI 36.01(2)(b) (b) Under s. 118.52, Stats., beginning in the 1998-99 school year, a pupil enrolled in a public school in the high school grades may attend public school in a nonresident school district under the part-time open enrollment program for the purpose of taking a course offered by the nonresident school district. A pupil may attend no more than 2 courses at any time in nonresident school districts under the part-time open enrollment program.
PI 36.01(3) (3) This chapter establishes procedures and requirements relating to applying for the full-time and part-time open enrollment programs; timely notification to school boards, parents and the department as required in the statutes; accepting and rejecting applications; and filing and deciding appeals.
PI 36.01 History History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 04-008: am. (2) (a) Register September 2004 No. 585, eff. 10-1-04.
PI 36.02 PI 36.02 Definitions. In this chapter:
PI 36.02(1) (1) "Application period" means the period beginning on the first Monday in February and ending with the third Friday following the first Monday in February, as specified in s. 118.51 (3) (a) 1., Stats., during which application forms may be submitted to nonresident school boards.
PI 36.02(1m) (1m) "Child with a disability" has the meaning given in s. 115.76 (5), Stats.
PI 36.02(2) (2) "Department" means the Wisconsin department of public instruction.
PI 36.02(3) (3) "Full-time open enrollment program" means the program under s. 118.51, Stats. and subch. II.
PI 36.02(4) (4) "Kindergarten" means 5-year-old kindergarten.
PI 36.02(5) (5) "Nonresident school board" has the meaning given in s. 118.51 (1) (b), Stats., when referring to the full-time open enrollment program, or the meaning given in s. 118.52 (1) (a), Stats., when referring to the part-time open enrollment program.
PI 36.02(6) (6) "Nonresident school district" has the meaning given in s. 118.51 (1) (c), Stats.
PI 36.02(7) (7) "Parent" includes a guardian. A pupil age 18 years of age or older acting on the pupil's own behalf, may take any action authorized to or required of a parent.
PI 36.02(7m) (7m) "Parental notification date" means the first Friday following the first Monday in June by which parents are required under s. 118.51 (3) (a) 6., Stats., to notify the nonresident school district whether the pupil will attend the nonresident school district in the following school year.
PI 36.02(8) (8) "Part-time open enrollment program" means the program under s. 118.52, Stats., and subch. III.
PI 36.02(9) (9) "Resident school board" has the meaning given in s. 118.51 (1) (e), Stats.
PI 36.02(10) (10) "Resident school district" has the meaning given in s. 118.51 (1) (f), Stats.
PI 36.02(10m) (10m) "School term" has the meaning given in s. 115.001 (12), Stats.
PI 36.02(11) (11) "School year" has the meaning given in s. 115.001 (13), Stats.
PI 36.02(12) (12) "Sibling" includes step-siblings who reside in the same household.
PI 36.02 History History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 04-008: renum. (1) to be (1m) and am., cr. (1), (7m) and (10m), am (4), Register September 2004 No. 585, eff. 10-1-04.
subch. II of ch. PI 36 Subchapter II — Full-time Open Enrollment
PI 36.03 PI 36.03 Parent and pupil responsibilities.
PI 36.03(1)(1)Application and notification procedures.
PI 36.03(1)(a)(a) The parent of a pupil who wishes to attend a public school in a nonresident school district under the full-time open enrollment program shall apply on the form developed by the department. The application shall be submitted to the nonresident school board and shall be received in the nonresident school district office no earlier than the first day of the application period and no later than 4:00 p.m. on the last day of the application period. A postmark does not constitute timely submission.
PI 36.03(1)(b)1.1. A separate application form shall be submitted for each pupil applying. A separate application form shall be submitted to the board of each nonresident school district to which the pupil is applying. Applications may be submitted to no more than 3 nonresident school boards for any pupil in any school year. If applications are submitted to more than 3 nonresident school districts for any pupil, all the applications are invalid.
PI 36.03(1)(b)2. 2. The application form shall indicate the resident school district in which the pupil will reside in the first school term in which the pupil first wishes to attend a nonresident school district. No more than one resident school district may be indicated on any application form submitted for the pupil during any application period, and all application forms shall contain the same resident school district. Failure to indicate a resident school district or indicating more than one resident school district on a single or multiple applications shall render invalid all applications submitted for that pupil during that application period.
PI 36.03(1)(c) (c) The parent shall answer all applicable questions on the application form accurately to the best of her or his ability. Deliberately providing false or misleading information may result in the application being denied or the pupil being required to return to the resident school district, if the false or misleading information is discovered after the pupil is admitted to the nonresident school district.
PI 36.03(1)(d) (d) The parent shall sign the application.
PI 36.03(1)(e)1.1. The signature of a parent on the application form grants permission until May 15 of the year in which the application is completed for the nonresident school board to request the following information from the resident school board:
PI 36.03(1)(e)1.a. a. Information about whether the pupil has been referred for a special education evaluation under s. 115.777 (1), Stats.
PI 36.03(1)(e)1.b. b. Whether the pupil has been found to be a child with a disability; whether the pupil has a current individualized education program; and, if so, a copy of the pupil's individualized education program.
PI 36.03(1)(e)2. 2. The signature of a parent on the application provides acknowledgment that the parent has been notified that under s. 118.51 (8), Stats., the resident school board shall provide to the nonresident school board to which a pupil has applied under this section, upon request by that school board, a copy of any expulsion findings and orders pertaining to the pupil, a copy of records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.
PI 36.03(1)(f) (f) The parent of a pupil who is enrolled in a private school or a home-based private educational program or who is otherwise not enrolled in a Wisconsin school district may apply for the pupil to attend a nonresident school district under the full-time open enrollment program in the following school year. If the application is accepted by the nonresident school board and is not denied by the resident school board and if the parent notifies the nonresident school board that the pupil will attend the nonresident school district in the following school year, the parent shall ensure that, prior to attending school in the nonresident school district, the pupil enrolls in the resident Wisconsin school district according to procedures established by the resident school board under s. PI 36.05 (10).
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