118.43 Cross-reference
Cross Reference: See also ch.
PI 24, Wis. adm. code.
118.45
118.45
Tests for alcohol use. A school board employee or agent, or law enforcement officer, as defined in
s. 102.475 (8) (c), authorized by a public school board may require a public school pupil, including a charter school pupil, to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil's breath whenever the authorized employee, agent or officer has reasonable suspicion that the pupil is under the influence of alcohol while the pupil is in any of the circumstances listed in
s. 125.09 (2) (b) 1. to
3. The authorized employee, agent or officer shall use a breath screening device approved by the department of transportation for the purpose of determining the presence of alcohol in a person's breath to determine if alcohol is present in the pupil's breath. The results of the breath screening device or the fact that a pupil refused to submit to breath testing shall be made available for use in any hearing or proceeding regarding the discipline, suspension or expulsion of a student due to alcohol use. No school board may require a pupil to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil's breath until the school board has adopted written policies regarding disciplines or treatments that will result from being under the influence of alcohol while on school premises or from refusing to submit to breath testing to determine the presence of alcohol in the pupil's breath.
118.45 History
History: 1995 a. 327.
118.51
118.51
Full-time open enrollment. 118.51(1)(b)
(b) "Nonresident school board" means the school board of a nonresident school district.
118.51(1)(c)
(c) "Nonresident school district" means a school district, other than a pupil's resident school district, that the pupil is attending or has applied to attend under this section.
118.51(1)(e)
(e) "Resident school board" means the school board of a resident school district.
118.51(1)(f)
(f) "Resident school district" means the school district in which a pupil resides.
118.51(2)
(2) Applicability. A pupil may attend a public school, including a charter school, prekindergarten, 4-year-old kindergarten, or early childhood or school-operated day care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or 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 the pupil is eligible to attend that program in his or her resident school district.
118.51(3)(a)1.1. The parent of a pupil who wishes to attend a public school in a nonresident school district under this section shall submit an application, on a form provided by the department under
sub. (15) (a), to the school board of the nonresident school district that the pupil wishes to attend, not earlier than the first Monday in February and not later than the 3rd Friday following the first Monday in February of the school year immediately preceding the school year in which the pupil wishes to attend. Applications may be submitted to no more than 3 nonresident school boards in any school year. On the 4th Monday in February, the nonresident school board shall send a copy of the application to the pupil's resident school board and the department. The application may include a request to attend a specific school or program offered by the nonresident school district.
118.51(3)(a)2.
2. A nonresident school board may not act on any application received under
subd. 1. until after the 3rd Friday following the first Monday in February. If a 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, including pupils accepted from a waiting list under
sub. (5) (d), on a random basis, after giving preference to pupils and to siblings of pupils who are already attending public school in the nonresident school district. 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.
118.51(3)(a)3.
3. On or before the first Friday following the first Monday in April following receipt of the application, the nonresident school board shall notify the applicant, in writing, whether it has accepted the application. If the nonresident school board rejects an application, it shall include in the notice the reason for the rejection.
118.51(3)(a)4.
4. On or before the first Friday following the first Monday in April following receipt of a copy of the application, if a resident school board denies a pupil's enrollment in a nonresident school district under
sub. (6),
(7) or
(12) (b) 1., the resident school board shall notify the applicant and the nonresident school board, in writing, that the application has been denied and include in the notice the reason for the denial.
118.51(3)(a)5.
5. If an application is accepted, on or before the 2nd Friday following the first Monday in May following receipt of the application, the nonresident school board shall notify the applicant, in writing, of the specific school or program that the pupil may attend in the following school year.
118.51(3)(a)6.
6. If an application is accepted, on or before the first Friday following the first Monday in June following receipt of a notice of acceptance, or within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting list under
s. 118.40 (8) (h) 5., the pupil's parent shall notify the nonresident school board of the pupil's intent to attend school in that school district in the following school year.
118.51(3)(a)7.
7. If the department has not notified a virtual charter school of the pupils who may attend the school under
s. 118.40 (8) (h) by the deadline for informing applicants under
subd. 3. or
5., the nonresident school district shall specify in its notices under
subd. 3. or
5. that the school district's acceptance is conditional.
118.51(3)(b)
(b)
Notice to resident school district. Annually by June 30, each nonresident school board that has accepted a pupil under this section for attendance in the following school year shall report the name of the pupil to the pupil's resident school board. If a pupil is selected from a waiting list under
s. 118.40 (8) (h) 5., the nonresident school board shall report the name of the pupil to the pupil's resident school board within 10 days of receiving notice of the pupil's selection from the department.
118.51(3)(c)1.1. If a pupil's parent notifies a nonresident school board, under
par. (a) 6., that the pupil intends to attend school in that school district in the following school year, the pupil may attend that school district in the following school year and may continue to attend that school district in succeeding school years without reapplying, except that the nonresident school board may require that the pupil reapply, no more than once, when the pupil enters middle school, junior high school or high school.
118.51(3)(c)2.
2. If at any time a pupil who is attending school in a nonresident school district under this section wishes to attend school in a different nonresident school district under this section, the pupil's parent shall follow the application procedures under
par. (a).
118.51(4)
(4) Adoption of policies and criteria. 118.51(4)(a)(a) By February 1, 1998, each school board shall adopt a resolution specifying all of the following:
118.51(4)(a)5.
5. If the school district is eligible for aid under
subch. VI of ch. 121, the limitation on transfers into or out of the school district imposed by the school board under
sub. (7).
118.51(4)(a)6.
6. Whether it will provide transportation under
s. 121.54 (10) for some or all of the pupils who reside in the school district and attend school in a nonresident school district under this section or for some or all of the pupils who reside in other school districts and attend its schools under this section, and the means, under
s. 121.55, by which it will provide such transportation.
118.51(4)(b)
(b) If the school board revises its criteria or policies under
par. (a), it shall do so by resolution.
118.51(5)
(5) Nonresident school district acceptance criteria. 118.51(5)(a)(a) Permissible criteria. Except as provided in
sub. (3) (a) 2., the criteria for accepting and rejecting applications from nonresident pupils under
sub. (3) (a) may include only the following:
118.51(5)(a)1.
1. The availability of space in the schools, programs, classes, or grades within the nonresident school district. In determining the availability of space, the nonresident school board may consider criteria such as class size limits, pupil-teacher ratios, or enrollment projections established by the nonresident school board and may include in its count of occupied spaces pupils attending the school district for whom tuition is paid under
s. 121.78 (1) (a) and pupils and siblings of pupils who have applied under
sub. (3) (a) and are already attending public school in the nonresident school district.
118.51(5)(a)2.
2. Whether the pupil has been expelled from school by any school district during the current or 2 preceding school years for any of the following reasons or whether a disciplinary proceeding involving the pupil, which is based on any of the following reasons, is pending:
118.51(5)(a)2.a.
a. Conveying or causing to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives.
118.51(5)(a)2.b.
b. Engaging in conduct while at school or while under supervision of a school authority that endangered the health, safety or property of others.
118.51(5)(a)2.c.
c. Engaging in conduct while not at school or while not under the supervision of a school authority that endangered the health, safety or property of others at school or under the supervision of a school authority or of any employee of the school district or member of the school board.
118.51(5)(a)2.d.
d. Possessing a dangerous weapon, as defined in
s. 939.22 (10), while at school or while under the supervision of a school authority.
118.51(5)(a)4.
4. Whether the special education or related services described in the child's individualized education program under
s. 115.787 (2) are available in the nonresident school district or whether there is space available to provide the special education or related services identified in the child's individualized education program, including any class size limits, pupil-teacher ratios or enrollment projections established by the nonresident school board.
118.51(5)(a)6.
6. Whether the child has been referred to his or her resident school board under
s. 115.777 (1) or identified by his or her resident school board under
s. 115.77 (1m) (a) but not yet evaluated by an individualized education program team appointed by his or her resident school board under
s. 115.78 (1).
118.51(5)(b)
(b)
Rejection after initial acceptance. The criteria under
par. (a) may provide that, notwithstanding the nonresident school board's acceptance of an application under
sub. (3) (a) 3., at any time prior to the beginning of the school year in which the pupil will first attend school in the school district under this section, the school board may notify the pupil that he or she may not attend school in the school district if the school board determines that any of the criteria under
par. (a) 2. are met.
118.51(5)(d)
(d)
Waiting list. The school board of a nonresident school district may create a waiting list of pupils whose applications were rejected under
sub. (3) (a) 3. The department shall promulgate rules to implement and administer this paragraph.
118.51(6)
(6) Resident school district transfer limitations. A school board may limit the number of its resident pupils attending public school in other school districts under this section in the 1998-99 school year to 3% of its membership. In each of the 7 succeeding school years, a school board may limit the number of its resident pupils attending public school in other school districts to an additional 1% of its membership. If more than the maximum allowable number of resident pupils apply to attend public school in other school districts in any school year under this section, the school board shall determine which pupils will be allowed to attend public school in other school districts on a random basis, except that the school board shall give preference to pupils who are already attending public school in the school district to which they are applying under this section and to siblings of such pupils.
118.51(7)(a)(a) The school board of a school district that is eligible for aid under
subch. VI of ch. 121 shall reject any application for transfer into or out of the school district made under this section if the transfer would increase racial imbalance in the school district. A pupil who transfers out of a school district under
subch. VI of ch. 121 shall not be counted in that school district's membership, as defined in
s. 121.004 (5), for the purpose of determining the school district's racial balance under this paragraph.
118.51(7)(b)
(b) The school board of a school district that receives applications for transfer into the school district under
subch. VI of ch. 121 and this section may not accept applications made under this section until it has accepted or rejected all applications made under
subch. VI of ch. 121.
118.51(8)
(8) Disciplinary records. Notwithstanding
s. 118.125, 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.
118.51(9)
(9) Appeal of rejection. If the nonresident school board rejects an application under
sub. (3) (a) or
(7) or the resident school board prohibits a pupil from attending public school in a nonresident school district under
sub. (6),
(7) or
(12) (b) 1., the pupil's parent may appeal the decision to the department within 30 days after the decision. If the nonresident school board provides notice that the special education or related service is not available under
sub. (12) (a), the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. If the resident school board provides notice of transfer under
sub. (12) (b) 2., the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable.
118.51(10)
(10) Pupil assignment. A nonresident school board may assign pupils accepted to attend public school in the school district under this section to a school or program within the school district. The school board may give preference in attendance at a school, program, class or grade to residents of the school district who live outside the school's attendance area.
118.51(12)
(12) Special education or related services. 118.51(12)(a)(a)
Unavailable after enrollment. If the individualized education program for a pupil, developed or revised under
s. 115.787 after a child begins attending public school in a nonresident school district under this section, requires special education or related services that are not available in the nonresident school district or if there is no space available to provide the special education or related services identified in the child's individualized education program, including any class size limits, pupil-teacher ratios or enrollment projections established by the nonresident school board, the nonresident school board may notify the child's parent and the child's resident school board that the special education or related service is not available in the nonresident school district. If such notice is provided, the child shall be transferred to his or her resident school district, which shall provide an educational placement for the child under
s. 115.79 (1) (b).
118.51(12)(b)1.1. If the costs of the special education or related services required in the individualized education program under
s. 115.787 (2) for a child with a disability whose parent has submitted an application under
sub. (3) (a), as proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under
subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil special education or related services costs for children with disabilities continuing to be served by the resident school district, the child's resident school board may notify the child's parent and the nonresident school board by the first Friday following the first Monday in April that the pupil may not attend the nonresident school district to which the child has applied.
118.51(12)(b)2.
2. If the costs of the special education or related services required in an individualized education program for a pupil, developed or revised under
s. 115.787 after a child begins attending public school in a nonresident school district under this section, as implemented or proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under
subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil special education or related services costs for children with disabilities continuing to be served by the resident school district, the child's resident school board may notify the pupil's parent and the nonresident school board that the costs of the special education or related services impose such an undue financial burden on the resident school district. If such notice is provided, the child shall be transferred to his or her resident school district, which shall provide an educational placement for the child under
s. 115.79 (1) (b).
118.51(13)
(13) Rights and privileges of nonresident pupils. A pupil attending a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.
118.51(13m)
(13m) Participation in certain programs. A pupil attending a public school in a nonresident school district under this section shall be considered a resident of the nonresident school district for the purposes of participating in programs of a cooperative educational service agency or a county children with disabilities education board.
118.51(14)(a)1.1. Except as provided in
subd. 2., the parent of a pupil attending public school in a nonresident school district under this section is responsible for transporting the pupil to and from school in the nonresident school district attended by the pupil.
118.51(14)(a)2.
2. If the pupil is a child with a disability and transportation of the pupil is required in the individualized education program developed for the child under
s. 115.787 (2) or is required under
s. 121.54 (3), the nonresident school district shall provide such transportation for the child.
118.51(14)(b)
(b)
Low-income assistance. The parent of a pupil who is eligible for a free or reduced-price lunch under
42 USC 1758 (b) and who will be attending public school in a nonresident school district in the following school year under this section may apply to the department, on the form prepared under
sub. (15) (a), for the reimbursement of costs incurred by the parent for the transportation of the pupil to and from the pupil's residence and the school that the pupil will be attending. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under
s. 20.255 (2) (cy). The reimbursement amount may not exceed the actual transportation costs incurred by the parent or 3 times the statewide average per pupil transportation costs, whichever is less. If the appropriation under
s. 20.255 (2) (cy) in any one year is insufficient to pay the full amount of approved claims under this paragraph, payments shall be prorated among the parents entitled thereto. By the 2nd Friday following the first Monday in May following receipt of the parent's application under
sub. (3) (a), the department shall provide to each parent requesting reimbursement under this paragraph an estimate of the amount of reimbursement that the parent will receive if the pupil attends public school in the nonresident school district in the following school year.
118.51(15)
(15) Department duties. The department shall do all of the following:
118.51(15)(a)
(a)
Application form. Prepare, distribute to school districts and make available to parents an application form to be used by parents under
sub. (3) (a). The form shall include provisions that permit a parent to apply for transportation reimbursement under
sub. (14) (b). The form shall require an applicant who is applying to attend a virtual charter school to indicate that he or she is applying to attend a virtual charter school, the number of virtual charter schools to which he or she is applying, and whether he or she is a sibling of a pupil currently enrolled in a virtual charter school through the open enrollment program.
118.51(15)(b)
(b)
Information and assistance. Develop and implement an outreach program to educate parents about the open enrollment program under this section, including activities specifically designed to educate low-income parents, and services to answer parents' questions about the program and assist them in exercising the open enrollment option provided under this section.
118.51(15)(c)
(c)
Annual report. Annually submit a report to the governor, and to the appropriate standing committees of the legislature under
s. 13.172 (3), on the number of pupils who applied to attend public school in a nonresident school district under this section, the number of applications denied and the bases for the denials, and the number of pupils attending public school in a nonresident school district under this section.
118.51(16)(a)(a) Annually, the department shall determine all of the following:
118.51(16)(a)1.
1. For each school district, the number of nonresident pupils attending public school in the school district under this section, other than pupils for whom tuition is paid under
sub. (17).
118.51(16)(a)2.
2. For each school district, the number of resident pupils attending public school in a nonresident school district under this section, other than pupils for whom tuition is paid under
sub. (17).
118.51(16)(a)3.
3. The statewide average per pupil school district cost for regular instruction, cocurricular activities, instructional support services and pupil support services in the previous school year.
118.51(16)(b)1.1. If the number determined in
par. (a) 1. is greater than the number determined in
par. (a) 2. for a school district, the department shall increase that school district's state aid payment under
s. 121.08 by an amount equal to the difference multiplied by the amount determined under
par. (a) 3.
118.51(16)(b)2.
2. If the number determined in
par. (a) 1. is less than the number determined in
par. (a) 2. for a school district, the department shall decrease that school district's state aid payment under
s. 121.08 by an amount equal to the difference multiplied by the amount determined under
par. (a) 3. If the state aid payment under
s. 121.08 is insufficient to cover the reduction, the department shall decrease other state aid payments made by the department to the school district by the remaining amount. If the state aid payment under
s. 121.08 and other state aid payments made by the department to the school district are insufficient to cover the reduction, the department shall use the moneys appropriated under
s. 20.255 (2) (cg) to pay the balance to school districts under
subd. 1.
118.51(16)(c)
(c) If a pupil attends public school in a nonresident school district under this section for less than a full school term, the department shall prorate the state aid adjustments under this subsection based on the number of days that school is in session and the pupil attends public school in the nonresident school district.
118.51(16)(d)
(d) The department shall ensure that the aid adjustment under
par. (b) does not affect the amount determined to be received by a school district as state aid under
s. 121.08 for any other purpose.
118.51(17)
(17) Special Education Tuition. The resident school board shall pay to the nonresident school board, for each child who is attending public school in the nonresident school district under this section and is receiving special education or related services under
subch. V of ch. 115, tuition calculated using the daily tuition rate under
s. 121.83 for such children enrolled in the nonresident school district, or an amount agreed to by the school boards of the 2 school districts.
118.51(18)
(18) Location of virtual charter schools. For purposes of this section, a virtual charter school is located in the school district specified in
s. 118.40 (8) (a).
118.51 Cross-reference
Cross Reference: See also ch.
PI 36, Wis. adm. code.
118.51 Annotation
The portion of sub. (7) (a) that requires a school district eligible for aid under chapter 121, subchapter VI, to reject an open enrollment application if the requested transfer into or out of the district would increase the district's racial imbalance is inconsistent with the equal protection guarantees of the United States Constitution, as those guarantees were applied in the Seattle School Dist. No. 1,
127 S. Ct. 2738 ( 2007).
OAG 4-07.
118.52
118.52
Part-time open enrollment. 118.52(1)(a)
(a) "Nonresident school board" means the school board of a nonresident school district.
118.52(1)(b)
(b) "Nonresident school district" means a school district, other than a pupil's resident school district, in which the pupil is attending a course or has applied to attend a course under this section.
