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.
PI 36.06(2)(b)4.
4. The state superintendent shall give preference for reimbursement under this subsection to pupils who are eligible for a free or reduced-price lunch under
42 USC 1758 (b). Except as specified in
subd. 4., the state superintendent shall reimburse claims made under this subdivision at a rate per mile in accordance with s.
20.916 (4), Stats., or the actual cost of the transportation, whichever is less.
PI 36.06(2)(b)5.
5. If adequate funds are not available under s.
20.255 (2) (cw), Stats., to reimburse all transportation claims under this chapter and under
s. PI 40.06 (4), the state superintendent shall prorate the available funds among only those applicants eligible for free or reduced-price lunch under
42 USC 1758 (b).
PI 36.06(2)(b)6.
6. Any funds provided under s.
20.255 (2) (cw), Stats., that remain after payment has been made to reimburse claims under
subd. 3. and under
s. PI 40.06 (4) (a), shall be prorated to reimburse claims submitted by other applicants under this paragraph and under
s. PI 40.06 (4) who are unable to pay for transportation.
PI 36.06 Note
Note: The Part-Time Public School Open Enrollment Transportation Reimbursement 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 History
History: Cr.
Register, July, 1998, No. 511, eff. 8-1-98.
PI 36.07
PI 36.07
Nonresident school board responsibilities. PI 36.07(1)(1) The nonresident school board shall establish a starting date for each course and shall, upon request of a parent or pupil, provide the starting date, the deadline date for applying for the course, the part-time open enrollment application form and the application form for reimbursement of transportation costs.
PI 36.07(2)
(2) The nonresident school board shall, within 3 working days of receiving an application to attend a course from a nonresident pupil, send a copy of the application form to the resident school district.
PI 36.07(3)
(3) Upon receipt of a signed application form, the nonresident school board may request from the resident school board any pupil records that are necessary to determine whether the pupil meets the entrance criteria for the course.
PI 36.07(4)
(4) If the nonresident school board has adopted a policy under s.
118.52 (5), Stats., to give preference in attendance in a course to residents of the school district, the preference may apply to any resident of the school district that is eligible to take the course including the following pupils:
PI 36.07(4)(a)
(a) Pupils taking the course who are enrolled in a school in the school district other than the one in which the course is taken.
PI 36.07(4)(b)
(b) Pupils who are enrolled in private schools or home-based educational programs who are taking a course in the school district other than under s.
118.145 (4), Stats., or who are taking a non-core course in addition to any courses taken under s.
118.145 (4), Stats.
PI 36.07(5)
(5) The nonresident school board shall give preference in attendance at a course to residents of the school district who apply to take courses under s.
118.145 (4), Stats., provided that the applicant under s.
118.145 (4), Stats., applied for the course prior to one week before the scheduled start of the course or a date established by the nonresident school board that is not earlier than six weeks before the start of the course nor later than one week before the scheduled start of the course.
PI 36.07(6)
(6) If the nonresident school board receives more applications for a course than there are spaces available in the course, the nonresident school board shall determine which pupils to accept on a random basis, using a method approved by the school board.
PI 36.07(7)
(7) The nonresident school board shall make an effort to ensure that the notice required under s.
118.52 (3) (c), Stats., is received by the parent no later than one week prior to the date on which the course is scheduled to commence. If the notice is postmarked at least 3 days before the date on which the notice is required to be received by the parent, this shall constitute timely notification.
PI 36.07(8)
(8) If the application is rejected, the nonresident school board shall:
PI 36.07(8)(a)
(a) Provide notice to the parent that the decision may be appealed to the department within 30 days, and
PI 36.07(8)(b)
(b) Send a copy of the application, including the notice of denial, to the department and to the resident school board.
PI 36.07(9)
(9) If, after the parent has notified the nonresident school district that the pupil will attend the course, the parent notifies the nonresident school district that the pupil will not attend the course, or if the pupil fails to attend the course, the nonresident school district shall promptly notify the resident school district.
PI 36.07 History
History: Cr.
Register, July, 1998, No. 511, eff. 8-1-98.
PI 36.08
PI 36.08
Resident school board responsibilities. PI 36.08(1)(1) The resident school board shall, upon request of a parent or pupil, provide the part-time open enrollment program application form and the application form for transportation reimbursement.
PI 36.08(2)
(2) The resident school board shall make an effort to ensure that the notice required under s.
118.52 (3) (d), Stats., is received by the parent no later than one week prior to the date on which the course is scheduled to commence. If the notice is postmarked at least 3 days before the date on which the notice is required to be received by the parent, this shall constitute timely notification.
PI 36.08(3)
(3) If the application is rejected under s.
118.52 (6), Stats., the resident school board shall:
PI 36.08(3)(a)
(a) Provide notice to the parent that the decision may be appealed to the department within 30 days, and
PI 36.08(3)(b)
(b) Send a copy of the application, including the notice of denial, to the department and to the nonresident school board.
PI 36.08(4)
(4) If, after the parent has notified the nonresident school district that the pupil will attend the course, the parent notifies the nonresident school district that the pupil will not attend the course, or if the pupil fails to attend the course, the nonresident school district shall promptly notify the resident school district.
PI 36.08 History
History: Cr.
Register, July, 1998, No. 511, eff. 8-1-98.
PI 36.09
PI 36.09
Calculating cost of course. The cost of the course under s.
118.52 (12), Stats., shall be calculated as follows:
PI 36.09(1)
(1) Calculate the total number of hours of instruction that the student will be enrolled in the course.
PI 36.09(2)
(2) Calculate the total number of hours of instruction required annually for a full-time high school student in the nonresident school district.
PI 36.09(4)
(4) Multiply the result of
sub. (3) by the school district's regular annual tuition rate, as calculated under s.
121.83 (1), Stats.
PI 36.09 History
History: Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 04-008: r. and recr.
Register September 2004 No. 585, eff. 10-1-04; correction in (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register September 2012 No. 681.
PI 36.10(2)(a)(a) The parent of a pupil whose application for open enrollment has been denied by a school board may file an appeal of this decision to the state superintendent within 30 days after the decision is delivered to the parent or postmarked, whichever occurs first. Upon receipt of the appeal, the department shall send a copy of the appeal to the resident and nonresident school boards.
PI 36.10(2)(b)
(b) The appeal shall be in writing and shall include a copy of the notice of denial. The appeal shall specify what decision is being appealed, the specific reasons for the appeal, including why the appellant believes that the decision was arbitrary or unreasonable, and any other facts relevant to the appeal. The appeal shall be signed by the appellant or the representative of the appellant.
PI 36.10(2)(c)
(c) If the appeal is filed by the representative under
par. (b), the representative shall file a notice of representation with the state superintendent that includes the written consent of the appellant.
PI 36.10(2)(d)
(d) Failure of the appellant to file an appeal within 30 days of receiving the notice of denial shall deprive the state superintendent of jurisdiction in this matter.
