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.
PI 36.04(2)(a)(a) The nonresident school board shall, upon request of a parent or pupil, provide the full-time open enrollment program application form and the application form for transportation reimbursement.
PI 36.04(2)(b)
(b) If the nonresident school board has adopted a policy under s.
118.51 (4) (a) 1., Stats., requiring reapplication under s.
118.51 (3) (c) 1., Stats., it shall notify a pupil's parents no later than the first day of the application period if a pupil will be required to reapply for the following school year.
PI 36.04(2)(c)
(c) The nonresident school board shall establish a procedure to receive and date applications that are received during the application period. The nonresident school board shall return to the parent any application received prior to the first day of the application period or after 4:00 p.m. on the last day of the application period. The nonresident school board shall notify the parent of the reason for returning the application and of the dates of the application period.
PI 36.04(2)(d)
(d) If the application submitted by the parent is incomplete, the nonresident school board may make an effort to obtain the missing information provided the information is received prior to the end of the applicable period. The nonresident school board may not request any information in addition to the information on the application form except the information authorized under s.
118.51 (8), Stats., and
s. PI 36.03 (1) (e).
PI 36.04(3)
(3) On the fourth Monday in February, the nonresident school board shall send copies of the open enrollment program application form to the resident school board or boards whose pupils have applied under the open enrollment program and to the department. The nonresident school board shall also send the original application form for transportation reimbursement to the department.
PI 36.04(4)
(4) After the last day of the application period, the nonresident school board shall act on the applications received using the criteria in its policies developed under s.
118.51 (4) (a) 1. to
3. and
5., Stats. If the nonresident school board receives more applications for a particular grade or program than there are spaces available in the grade or program, the nonresident school board shall determine which pupils to accept on a random basis, after granting preferences required in
sub. (6).
PI 36.04(5)
(5) If a nonresident school board determines that space is not otherwise available for open enrollment pupils in the grade or program to which an individual has applied, the school board may nevertheless accept an applicant who is already attending school in the nonresident school district or a sibling of the applicant.
PI 36.04(6)(a)(a) The nonresident school board shall give preference in accepting applications to pupils and to siblings of pupils who are already attending public school in the nonresident school district, including, but not limited to, the following pupils:
PI 36.04(6)(a)1.
1. Pupils who are currently attending the nonresident school district under the full-time open enrollment program.
PI 36.04(6)(a)3.
3. Pupils who currently reside in the nonresident school district but plan to move prior to the beginning of the following school year.
PI 36.04(6)(a)4.
4. Pupils who moved out of the nonresident school district during the current school year but have remained in public school in the nonresident school district under s.
121.84 (1) (a), Stats.
PI 36.04(6)(b)
(b) If, in the random selection process one pupil from a family is chosen, the nonresident school board shall give preference to the remaining siblings in the family for whom the parent applied at the same time.
PI 36.04(7)
(7) For each applicant who is a child with a disability, on or before March 15, the nonresident school board shall notify the resident school board of the estimated tuition cost for the special education program required by a pupil's individualized education program, including the estimated cost for transportation, if transportation is required by the pupil's individualized education program.
PI 36.04(8)
(8) The notification of acceptance or rejection required under s.
118.51 (3) (a) 3., Stats., may be made on a form created by the department. If the notification of acceptance or rejection is postmarked on or before the first Friday following the first Monday in April following receipt of the application, it shall be considered timely. If the board does not make timely notification that the application is rejected, the application shall be considered approved.
PI 36.04(9)
(9) If the application is rejected, the nonresident school board shall send written notice of the rejection as required in s.
118.51 (3) (a) 3., Stats. The notice shall include the following:
PI 36.04(9)(a)
(a) The reason for the denial and information about appealing the denial to the department.
PI 36.04(10)
(10) If the application is approved by the nonresident school board, the nonresident school board may require the parent to provide or sign a release for the nonresident school board to request the pupil's records from the resident school board as specified under s.
118.125 (4), Stats.
PI 36.04(12)
(12) If the nonresident school board does not receive the notification under s.
118.51 (3) (a) 6., Stats., 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 36.04(13)
(13) The nonresident school board shall notify the resident school board and the department of changes in a pupil's status as an open enrolled pupil including, but not limited to, the following:
PI 36.04(13)(a)
(a) A change in the pupil's resident school district that results in termination of the pupil's open enrollment, such as:
PI 36.04(13)(a)1.
1. The pupil becomes a resident of the nonresident school district.
PI 36.04(13)(a)2.
2. The pupil becomes a resident of a school district other than one indicated on the application form, if the change in resident school district took place prior to the third Friday in September of the first school term in which the pupil attends the nonresident school district under this program.
PI 36.04(13)(b)
(b) A change in the pupil's resident school district that does not result in termination of the pupil's open enrollment. If the pupil's resident school district changes after the third Friday in September of the first school term in which the pupil attends the nonresident school district, the pupil may continue to attend the nonresident school district without reapplication. The school district in which the pupil resides on the third Friday in September in any school year shall be the resident school district for purposes of full-time open enrollment in that school year.
PI 36.04(13)(c)
(c) The pupil is found to be a child with a disability or is found to no longer be a child with a disability.
PI 36.04(13)(d)
(d) The pupil withdraws from the nonresident school district or enrolls in another school district, charter school under s.
118.40 (2r), Stats., private school, or home-based private educational program, in or out of Wisconsin, in which case, the pupil's open enrollment is terminated.
PI 36.04(13)(e)
(e) The pupil is expelled from the nonresident school district, in which case the nonresident school district may notify the parent that the pupil's open enrollment is terminated.
PI 36.04(14)
(14) On or before June 30, the nonresident school board shall report the name of each pupil who will attend the nonresident school district in the following school year, including pupils continuing from the previous school year, to the pupil's resident school board and to the department.
PI 36.04(15)
(15) The nonresident school board shall maintain all completed application forms for a period of 3 years.
PI 36.04(16)
(16) For each child with a disability who is accepted for full-time open enrollment by the nonresident school district and is not prevented from attending the nonresident school district by the resident school board, the nonresident school board and the resident school board shall either determine that the amount of payment shall be calculated using the daily tuition rate under s.
121.83, Stats., or shall jointly agree to a different amount.
PI 36.04(17)
(17) The nonresident school board shall provide such information as the department determines is needed to comply with s.
118.51 (15) (c), Stats.
PI 36.04 History
History: Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 04-008: renum. (1) to be (2) (a), c. (1), renum. (2) to be (2) (c), (5) to be (2) (d) and am., cr. (2) (b) and (5), am. (4), (6) (a) (intro.), (7), (8), (9) (intro.), (a), (12), (16) and (17), r. and recr. (9) (b) and (13), r. (11),
Register September 2004 No. 585, eff. 10-1-04.
PI 36.05
PI 36.05
Resident school board responsibilities. PI 36.05(1)(1) The resident school board shall, upon request of a parent or pupil, provide the full-time open enrollment program application form and the application form for transportation reimbursement.
PI 36.05(2)
(2) If the resident school board has adopted a policy to limit the number of pupils transferring to nonresident school districts as permitted under s.
118.51 (6), Stats., the number of pupils permitted to transfer shall be determined by multiplying the resident school district's enrollment for the preceding third Friday in September by the percent allowed under s.
118.51 (6), Stats., or the percent specified in the resident school board policy, whichever is greater.
PI 36.05(3)
(3) Upon request of the nonresident school board, the resident school board shall promptly provide the disciplinary records specified under s.
118.51 (8), Stats., and the records related to a child with a disability as specified under
s. PI 36.03 (1) (e).
PI 36.05(4)
(4) Upon request of the nonresident school board, the resident school board shall provide the pupil records specified under
s. PI 36.04 (10) within 5 working days.
PI 36.05(5)(a)(a) After receipt of the application forms from the nonresident school board under s.
118.51 (3) (a) 1., Stats., the resident school board shall act on the applications received using the criteria in its policies developed under s.
118.51 (4) (a) 3. to
5., Stats. If more than the maximum allowable number of resident pupils apply to attend public school in nonresident school districts in any school year under this section as specified under s.
118.51 (6), Stats., the resident school board shall determine which pupils will be allowed to attend public school in other districts on a random basis, using a method approved by the resident school board.
PI 36.05(5)(b)
(b) Once a pupil has begun open enrollment, the resident school board may not act on any subsequent application for the pupil that was submitted to the nonresident school board pursuant to the nonresident school board's policy to require reapplication under s.
118.51 (3) (c) 1., Stats.
PI 36.05(6)(a)(a) The resident school board shall give preference in accepting applications to pupils and to siblings of pupils who are already attending public school in the nonresident school district, including, but not limited to, the following pupils:
PI 36.05(6)(a)1.
1. Pupils who are currently attending the nonresident school district under the full-time open enrollment program.
PI 36.05(6)(a)3.
3. Pupils who currently reside in the nonresident school district but plan to move prior to the beginning of the following school year.
PI 36.05(6)(a)4.
4. Pupils who moved out of the nonresident school district during the current school year but have remained in public school in the nonresident school district under s.
121.84 (1) (a), Stats.
PI 36.05(6)(b)
(b) If, in the random selection process one pupil from a family is chosen, the resident school board shall give preference to the remaining siblings in the family for whom the parent applied at the same time to attend the same nonresident school district.
PI 36.05(7)
(7) The notification of acceptance or rejection required under s.
118.51 (3) (a) 3., Stats., may be made on a form created by the department. If the notification of acceptance or rejection is postmarked on or before the first Friday following the first Monday in April following receipt of the application, it shall be considered timely. If the board does not make timely notification that the application is rejected, the application shall be considered approved.
PI 36.05(8)
(8) If the application is rejected, the resident school board shall provide notice to the parent stating why the application was rejected and that the decision may be appealed to the department within 30 days.
PI 36.05(10)
(10) The resident school board shall establish procedures for pupils who were not enrolled in the resident school district at the time of applying for full-time open enrollment in a nonresident school district to enroll in the resident school district so that the resident school district may include the pupils in the report required under s.
121.05 (1) (a) 11., Stats.
PI 36.05(11)
(11) The resident school board shall provide such information as the department determines is needed to comply with s.
118.51 (15) (c), Stats.
PI 36.05(12)
(12) For each child with a disability that is accepted for full-time open enrollment by the nonresident school district and is not prevented from attending the nonresident school district by the resident school board, the resident school board and the nonresident school board shall either determine that the amount of payment shall be calculated using the daily tuition rate under s.
121.83, Stats., or shall jointly agree to a different amount. The resident school board shall pay the amount agreed upon according to a schedule that is agreed upon by the 2 school boards.
PI 36.05 Note
Note: Information about the Full-Time Public School Open Enrollment Program, including the open enrollment brochure for parents and open enrollment forms including application forms, transportation reimbursement claims, school board approval and denial forms and notification of school or program assignment forms, may be obtained from the Department of Public Instruction Open Enrollment web site at
www.dpi.state.wi.us/dpi/dfm/sms/psctoc.html or are available at no charge by writing to the Wisconsin Department of Public Instruction, School Management Services, P.O. Box 7841, Madison, WI 53707-7841.
PI 36.05 History
History: Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 04-008: am. (3), (6) (a) (intro.), (7) and (8) (intro.) and (a) and (10) to (12), renum. (5) to be (5) (a), cr. (5) (b), r. (8) (b) and (9),
Register September 2004 No. 585, eff. 10-1-04.
PI 36.06
PI 36.06
Parent and pupil responsibilities. PI 36.06(1)(1)
Application and notification procedures. PI 36.06(1)(a)(a) The parent of a pupil who wishes to attend a public school in a nonresident school district under the part-time open enrollment program shall apply on the form developed by the department. The application shall be submitted to the nonresident school board and not later than 6 weeks prior to the date on which the course is scheduled to commence. The parent shall obtain the date on which the course is scheduled to commence as specified under
s. PI 36.07 (1) and the application form shall be received in the school district office no later than 4:00 p.m. on the last day on which the parent may apply. A postmark does not constitute timely submission.
PI 36.06(1)(b)
(b) A separate application form shall be submitted for each pupil applying and for each course for which the pupil is applying. A separate application form shall be submitted to the school board of each nonresident school district to which the pupil is applying.
PI 36.06(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 begins taking the course in the nonresident school district.
PI 36.06(1)(d)
(d) The parent shall sign the application. The signature of a parent on the application grants permission for the nonresident school board to request from the resident school board any pupil records that are necessary to determine whether the pupil meets the entrance criteria for the course. The signature of a parent on the application provides acknowledgment that the parent has been notified that under s.
118.52 (10), 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 36.06(1)(e)
(e) A pupil who is enrolled in a private school or a home-based private education program is not eligible to take a course or courses in a nonresident school district under the part-time open enrollment program.
PI 36.06(1)(f)
(f) If the application is accepted by the nonresident school board and is not denied by the resident school board, the parent shall notify the resident school board and the nonresident school board in writing no later than the last week day, excluding state holidays, preceding the date the course is scheduled to commence of the pupil's intent to attend the course in the nonresident school district. A postmark does not constitute timely submission.
PI 36.06(1)(g)
(g) If the application is denied by either the resident school board or the nonresident school board, the parent may appeal to the department within 30 days of receipt of the notice of denial as provided under subch.
IV.
PI 36.06 Note
Note: The Part-Time Public School Open Enrollment Application Form, may be obtained at no charge from any school district or by writing to the Wisconsin Department of Public Instruction, School Management Services, P.O. Box 7841, Madison, WI 53707-7841.
PI 36.06(2)(a)(a) The parent is responsible for transporting the pupil to and from the course in the nonresident school district that the pupil is attending.
PI 36.06(2)(b)1.1. The parent of a pupil who is attending a course under the part-time open enrollment program may apply for reimbursement of costs incurred by the parent for transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled if the pupil and parent are unable to pay the cost of such transportation.
PI 36.06(2)(b)2.
2. The parent shall submit a claim developed by the department no later than 30 days after the end of the school semester to which the reimbursement claim pertains.
PI 36.06(2)(b)3.
3. The state superintendent shall use the guidelines developed under
s. PI 40.06 (4) (d) to determine eligibility of those applicants who are unable to pay under this section.
