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.
If the application is rejected under s. 118.52 (6)
, Stats., the resident school board shall:
Provide notice to the parent that the decision may be appealed to the department within 30 days, and
Send a copy of the application, including the notice of denial, to the department and to the nonresident school board.
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
Cr. Register, July, 1998, No. 511
, eff. 8-1-98.
Calculating cost of course.
The cost of the course under s. 118.52 (12)
, Stats., shall be calculated as follows:
Calculate the total number of hours of instruction that the student will be enrolled in the course.
Calculate the total number of hours of instruction required annually for a full-time high school student in the nonresident school district.
Multiply the result of sub. (3)
by the school district's regular annual tuition rate, as calculated under s. 121.83 (1)
PI 36.09 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
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.
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.
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.
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.
As soon as possible, upon receipt of a written appeal filed under sub. (1)
, the state superintendent shall acknowledge receipt of the appeal in writing to the appellant and the resident and nonresident school boards. Upon receipt of the notice of appeal from the state superintendent, the school board whose decision is the subject of the appeal shall deliver to the department a copy of the school board's policy under s. 118.51 (4)
or 118.52 (4)
, Stats., the official record of the school board's decision under s. 118.51 (3) (a)
or 118.52 (3) (b)
, or (6)
, Stats., and an explanation of the specific reasons for the decision.
The state superintendent shall affirm the school board's decision unless the state superintendent finds that the decision was arbitrary and unreasonable. The appellant bears the burden of proving that the school board's decision was arbitrary or unreasonable.
The state superintendent may use any or all of the following procedures which he or she determines to be appropriate in the appeal process:
Provide technical assistance and information and attempt to resolve the matter informally.
Conduct an investigation. If the state superintendent decides to conduct an investigation, the investigation may include an on-site review or any other activity which the state superintendent deems appropriate.
Issue a decision based on a review of the record of the school board, argument from the parties and any other matter the state superintendent deems appropriate.
The decision of the state superintendent shall be in writing stating separate findings of fact and conclusions of law. Decisions shall be served on all parties by mailing a copy to each party's last known address.
The state superintendent's decision on an appeal of a school board decision on full-time open enrollment may be appealed to the circuit court in which the appellant resides by filing a petition for review within 30 days of service of the state superintendent's decision, pursuant to s. 227.53
, Stats. The decision of the state superintendent on an appeal of a school board decision on part-time open enrollment shall be final and is not subject to judicial review under subch. III of ch. 227
At any time prior to the issuance of a final decision, the appellant may withdraw the appeal in writing. Upon receiving such a request, the state superintendent shall issue an order dismissing the matter. If the request for withdrawal is received within 30 days of the school board's decision issued under s. 118.51 (3) (a)
, or (12)
, or 118.52 (5)
, Stats., the dismissal shall be without prejudice. If the request to withdraw is received more than 30 days after the school board's decision is issued under s. 118.51 (3) (a)
, or (12)
, or 118.52 (5)
, Stats., the dismissal shall be with prejudice.
PI 36.10 Note
Information about filing an appeal, including a form which may be used to file the appeal, 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.