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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).
PI 36.03(1)(g) (g) The parent of a pupil who has moved or who plans to move from the resident school district during a school year may apply for the pupil to return to the resident school district as a nonresident pupil in the following school year.
PI 36.03(1)(h) (h) If the application is accepted by the nonresident school board and is not denied by the resident school board, the parent shall notify the nonresident school board no later than the parental notification date of the pupil's intent to attend school in that district in the following school year. If the nonresident school board does not receive the notification under this paragraph on or before the parental notification date, the nonresident school board may determine that the pupil does not intend to attend school in that district the following school year.
PI 36.03(2) (2)Transportation.
PI 36.03(2)(a)(a) Except as specified in s. 118.51 (14) (a) 2., Stats., the parent is responsible for transporting the pupil to and from school in the nonresident school district.
PI 36.03(2)(b) (b) The parent of a pupil who is eligible for a free or reduced-price meal under 42 USC 1758 (b) may apply for reimbursement of costs incurred by the parent for transportation of the pupil to and from the pupil's residence and the school the pupil will be attending. If the parent incurs costs for transportation less than the full distance between the pupil's residence and the school, reimbursement is based on the distance for which the parent incurred costs. If the parent incurs costs for transportation greater than the distance between the school and pupil's residence, for example, transportation to and from the school and an alternative site, such as a day care program that is farther from the school than the pupil's residence, reimbursement is limited to the costs for transportation to and from the pupil's residence and the school.
PI 36.03(2)(c) (c) The estimate of transportation reimbursement under s. 118.51 (14) (b), Stats., shall be based on the information submitted on the application and shall be a preliminary determination of whether the parent or guardian is eligible for transportation reimbursement and an estimate of the amount of transportation reimbursement the parent may receive. If the application is approved and if the pupil attends school in a nonresident school district, the parent shall submit a claim for reimbursement during the school year of attendance and shall provide information, including actual transportation cost and mileage and verification of the family's monthly income. If the family's monthly income at the time of submitting the claim exceeds the income threshold for eligibility, the claim shall be denied.
PI 36.03(2)(d) (d) The reimbursement shall be equal to the lesser of the following amounts:
PI 36.03(2)(d)1. 1. If the mode of transportation is a family vehicle, the amount determined by multiplying the total miles round trip by the actual number of round trips made during the semester or school year to which the claim applies and multiplying the product of this calculation by the rate specified under s. 20.916 (4), Stats. If the mode of transportation is other than a family vehicle, the actual cost of the transportation.
PI 36.03(2)(d)2. 2. Three times the statewide average per pupil transportation cost.
PI 36.03(3) (3)Change of address; change of open enrolment status.
PI 36.03(3)(a)(a) If, after notifying the nonresident school board by the parental notification date that the pupil will attend the nonresident school district in the following school year, the parent decides that the pupil will not attend the nonresident school district in the following school year, the parent shall promptly notify both the resident and nonresident school boards in writing. The parent may not later notify the resident and nonresident school boards that the child will attend school in the nonresident school district the following school year.
PI 36.03(3)(b) (b) If the pupil attends the nonresident school district and, during the school year, the parent wishes the pupil to return to the resident school district, the parent shall notify both the resident and nonresident school boards in writing. This notification shall be final and the pupil may not return to the nonresident school district under the full-time open enrollment program during that school year. If the parent wishes the pupil to attend the nonresident school district during the following school year, the parent shall again follow the application procedures specified in s. 118.51, Stats., and this chapter.
PI 36.03(3)(c) (c) The parent shall promptly notify the nonresident school district of any change of address. If the address change results in a change of resident school district prior to the third Friday in September of the first year in which the pupil has applied to attend the nonresident school district under this section, the open enrollment is void. If the address change results in a change of resident school district at any time after the third Friday in September of the first school year in which the pupil attends the nonresident school district under this section, the pupil may continue attending the nonresident school district under the program without reapplication unless required under s. 118.51 (3) (c), Stats.
PI 36.03(3)(d) (d) If, in any school term, the pupil enrolls in and attends any other public school district, charter school under s. 118.40 (2r), Stats., private school or home-based private educational program, in or out of Wisconsin, the open enrollment ceases and the pupil may not attend the nonresident school district under this program in that school term. If, in any school term for which the pupil is entitled to attend the nonresident school district under this program, the pupil has not attended school in the nonresident school district on or before the third Friday in September, the open enrollment ceases and the pupil may not attend the nonresident school district under this program in that school term. If the pupil wishes to attend the nonresident school district in any subsequent school year, the pupil shall submit a new application as provided in s. 118.51 (3) (a), Stats., and this section.
PI 36.03 History History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 04-008: am (1) (a), (b), (f), (h), (2) (b) and (3) (a), cr. (1) (b) 2., r. (1) (e) 1. a., (i), (2) (d) 2. and (3) (d), renum. (1) (e) 1. b. and c. to be (1) (e) 1. a. and b. and am., r. and recr. (3) (c), Register September 2004 No. 585, eff. 10-1-04; CR 05-076: am. (1) (d) Register November 2005 No. 599, eff. 12-1-05.
PI 36.04 PI 36.04 Nonresident school board responsibilities.
PI 36.04(1)(a) (a) The nonresident school board shall adopt policies to administer the full-time open enrollment program as required in s. 118.51 (4) (a), Stats., and as permitted in par. (b). If the nonresident school board wishes to amend its policies under s. 118.51 (4) (b), Stats., it shall do so prior to the first day of the application period to which the policy will first apply.
PI 36.04(1)(b) (b) If a school board wishes to create a waiting list as permitted under s. 118.51 (5) (d), Stats., it shall adopt a policy prior to the first day of the application period to which the waiting list will first apply. The policy shall provide for all of the following:
PI 36.04(1)(b)1. 1. A procedure to establish a numbered waiting list of all applicants, following its acceptance and rejection criteria under s. 118.51 (5) (a) and (b), Stats., and the procedures required by s. 118.51 (3) (a) 2., Stats., and this section.
PI 36.04(1)(b)2. 2. A procedure for notifying parents if the pupil has been accepted from the waiting list. The notification shall include all of the following:
PI 36.04(1)(b)2.a. a. A written notice that the pupil has been accepted from the waiting list and a written notice of the school or program to which the pupil will be assigned.
PI 36.04(1)(b)2.b. b. The date by which the parent must notify the nonresident school board whether the pupil will attend the nonresident school district and the procedures the parent must follow to do so. The school board shall provide 10 calendar days from the date the notice was mailed for the parent to respond. The policies may provide that if the parent does not respond within the specified time period, the acceptance will be rescinded and the space will be offered to the next applicant on the waiting list.
PI 36.04(1)(c) (c) The last date on which the school board may notify a parent that an applicant has been accepted from the waiting list is the third Friday in August.
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