LRB-4616/1
FFK:amn&cjs
2019 - 2020 LEGISLATURE
February 3, 2020 - Introduced by Representatives Thiesfeldt, Kulp, Fields,
Ballweg, Dittrich, Felzkowski, Jagler, Knodl, Sanfelippo, Skowronski,
Spiros, Steineke, Tusler, Hutton and Wichgers, cosponsored by Senators
Darling, Kooyenga and Craig. Referred to Committee on Education.
AB849,1,7 1An Act to repeal 118.52 (3) (d); to renumber and amend 118.52 (4); to amend
2115.28 (54m), 115.38 (1) (d), 115.385 (4), 118.52 (1) (e), 118.52 (2), 118.52 (3) (a),
3118.52 (3) (b), 118.52 (3) (c), 118.52 (3) (e), 118.52 (5), 118.52 (6), 118.52 (8),
4118.52 (9), 118.52 (10), 118.52 (11), 118.52 (12) and 118.57 (1); to repeal and
5recreate
118.52 (title); and to create 118.52 (1) (ad), 118.52 (1) (af), 118.52 (1)
6(ah), 118.52 (2m) and 118.52 (13) of the statutes; relating to: expanding the
7part-time open enrollment program.
Analysis by the Legislative Reference Bureau
This bill expands the part-time open enrollment program and renames it the
course choice program.
Under the current part-time open enrollment program, a pupil enrolled in a
public school in the high school grades may attend a course at a public school in a
nonresident school district. Under the bill, a pupil enrolled in an educational
institution, as defined in the bill, in grades one to twelve may attend a course at
another educational institution. A pupil may attend no more than a total of two
courses at any one time under the current part-time open enrollment program or
under the bill's course choice program.
The bill defines an educational institution as any of the following:
1. A public school under the control of a pupil's resident school board, including
a charter school authorized by the resident school board.

2. A public school under the control of a pupil's nonresident school board,
including a charter school authorized by the nonresident school board.
3. An independent charter school.
4. A private school.
5. A nonprofit organization approved by the Department of Public Instruction.
Under the bill, participation in the course choice program is optional for an
educational institution that is a private school or a nonprofit organization approved
by DPI. If a private school or DPI-approved nonprofit organization wishes to
participate in the course choice program it must take certain actions by the June 1
preceding the school year in which it wishes to participate, including adopting a
written policy specifying the acceptance and rejection criteria it will use in the
following school year and posting on its Internet site a statement that it will
participate in the course choice program and the courses that will be available to
pupils under the program. If a private school or DPI-approved nonprofit
organization does not take these actions, a pupil attending the private school or
nonprofit organization may not attend courses at other educational institutions
under the course choice program and pupils attending other educational institutions
may not take courses at the private school or nonprofit organization under the course
choice program. Participation in both the part-time open enrollment program and
the course choice program is mandatory for public schools.
Under the bill, the educational institution that a pupil attends on a full-time
basis must pay the educational institution offering a course the pupil takes under the
course choice program an amount equal to the costs of providing the course to the
pupil, as determined by DPI. The bill prohibits an educational institution from
charging or receiving any additional payment from a pupil or a pupil's full-time
educational institution for attending a course at the educational institution under
the course choice program.
Under the current part-time open enrollment program, a pupil's resident
school board may reject a pupil's application to attend a course in a nonresident
school district if the resident school board determines that the cost of the course
would impose an undue burden on the resident school district. The bill extends the
authority to reject a pupil's application on the basis that the cost of the course would
be an undue burden to all full-time educational institutions.
Similar to the low-income transportation assistance offered under current law,
a pupil attending a course under the course choice program may apply to DPI for
financial assistance for the cost of transportation to a course the pupil attends under
the course choice program if the pupil is unable to pay the cost of the transportation.
Under current law, in awarding transportation assistance, DPI must give a
preference to pupils who satisfy the criteria for free or reduced-price lunch. Under
the bill, DPI must also give a preference to pupils who attend an educational
institution in a rural community.
Finally, the bill requires DPI to include information on the course choice
program on DPI's Internet site, including links to the Internet sites of educational
institutions participating in the program.

For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB849,1 1Section 1. 115.28 (54m) of the statutes is amended to read:
AB849,3,92 115.28 (54m) Notice of educational options. Include on the home page of the
3department's Internet site a link to information about all of the educational options
4available to children in the state who are at least 3 years old but not yet 18 21 years
5old and who have not graduated from high school, including public schools, private
6schools participating in a parental choice program, charter schools, virtual schools,
7full-time or part-time open enrollment in a nonresident school district, the course
8choice program,
the early college credit program, and options for pupils enrolled in
9a home-based private educational program.
AB849,2 10Section 2. 115.38 (1) (d) of the statutes is amended to read:
AB849,3,1511 115.38 (1) (d) The number and percentage of resident pupils enrolled in the
12school district
attending a course in a nonresident school district offered by an
13educational institution
under s. 118.52, the number of nonresident pupils who are
14not enrolled in the school district but are
attending a course in the school district
15under s. 118.52, and the courses taken by those pupils.
AB849,3 16Section 3. 115.385 (4) of the statutes is amended to read:
AB849,4,617 115.385 (4) Annually, each public school, including a charter school, and each
18private school participating in a parental choice program under s. 118.60 or 119.23
19shall provide a copy of the school's accountability report to the parent or guardian of
20each pupil enrolled in or attending the school. Each school shall simultaneously
21provide to the parent or guardian of each pupil enrolled in the school a list of the

1educational options available to children who reside in the pupil's resident school
2district, including public schools, private schools participating in a parental choice
3program, charter schools, virtual schools, full-time or part-time open enrollment in
4a nonresident school district, the course choice program, the early college credit
5program, and options for pupils enrolled in a home-based private educational
6program.
AB849,4 7Section 4. 118.52 (title) of the statutes is repealed and recreated to read:
AB849,4,8 8118.52 (title) Course choice program.
AB849,5 9Section 5. 118.52 (1) (ad) of the statutes is created to read:
AB849,4,1010 118.52 (1) (ad) “Educational institution” means all of the following:
AB849,4,1211 1. A public school under the charge of a pupil's resident school board, including
12a charter school under contract with the school board under s. 118.40.
AB849,4,1413 2. A public school under the charge of a pupil's nonresident school board,
14including a charter school under contract with the school board under s. 118.40.
AB849,4,1515 3. A charter school established under s. 118.40 (2r) or (2x).
AB849,4,1616 4. A private school.
AB849,4,1717 5. Any nonprofit organization approved by the department.
AB849,6 18Section 6. 118.52 (1) (af) of the statutes is created to read:
AB849,4,2119 118.52 (1) (af) “Full-time educational institution” means the educational
20institution at which the pupil is enrolled or attends school full time during the school
21year for which an application is made under this section.
AB849,7 22Section 7. 118.52 (1) (ah) of the statutes is created to read:
AB849,5,223 118.52 (1) (ah) “Governing body” means the board that is elected or appointed
24to govern an educational institution. If a board is not elected or appointed to govern

1the educational institution, “governing body” means the person having direct charge
2of the educational institution.
AB849,8 3Section 8. 118.52 (1) (e) of the statutes is amended to read:
AB849,5,84 118.52 (1) (e) “Resident school district" means the school district in which a
5pupil resides. If a pupil attends school under a whole grade sharing agreement under
6s. 118.50 in a school district other than the school district in which the pupil resides,
7the school district in which the pupil attends school under the whole grade sharing
8agreement is considered the pupil's resident school district.
AB849,9 9Section 9. 118.52 (2) of the statutes is amended to read:
AB849,5,1610 118.52 (2) Beginning in the 2018-19 2020-21 school year, subject to sub. (2m)
11(b),
a pupil who is enrolled in a public school in the high school or attends an
12educational institution in
grades 1 to 12 may attend public school in a nonresident
13school district
another educational institution under this section for the purpose of
14taking a course offered by the nonresident school district that educational
15institution
. A pupil may attend no more than 2 courses at any time in nonresident
16school districts
under this section.
AB849,10 17Section 10 . 118.52 (2m) of the statutes is created to read:
AB849,5,2218 118.52 (2m) Program participation; private schools and nonprofit
19organizations.
(a) For an educational institution under sub. (1) (ad) 4. or 5. to
20participate in the program under this section, before the June 1 preceding the school
21year in which the educational institution wishes to participate, the governing body
22of the educational institution shall do all of the following:
AB849,5,2423 1. Adopt a motion specifying that the educational institution will participate
24in the program under this section in the following school year.
AB849,6,5
12. Adopt a written policy specifying the acceptance and rejection criteria
2described in subs. (5) and (6) that the educational institution will implement for the
3following school year and whether the governing body will delegate any of its duties
4under this section to the administrator, as defined in s. 118.60 (1) (ad), of the
5educational institution.
AB849,6,116 3. Publish and post on its Internet site, if applicable, that the educational
7institution will participate in the program under this section and, no later than 8
8weeks before the date on which a course will begin, post a description of the course
9that will be available to pupils applying under sub. (3). The governing body of the
10educational institution shall maintain and update the description of available
11courses throughout the school year.
AB849,6,1512 (b) If an educational institution under sub. (1) (ad) 4. or 5. does not participate
13in the program under this section, sub. (2) does not apply to a pupil attending the
14educational institution or to a pupil attending another educational institution who
15wishes to attend a course offered by the educational institution under this section.
AB849,11 16Section 11. 118.52 (3) (a) of the statutes is amended to read:
AB849,7,717 118.52 (3) (a) The parent of a pupil who wishes to attend public school in a
18nonresident school district
an educational institution for the purpose of taking a
19course under this section shall submit an application, on a form provided by the
20department, to the school board of the nonresident school district in governing body
21of the educational institution at
which the pupil wishes to attend a course not later
22than 6 weeks prior to the date on which the course is scheduled to commence. The
23application shall specify the course that the pupil wishes to attend and may specify
24the school or schools location at which the pupil wishes to attend the course. The
25nonresident school board governing body of an educational institution that receives

1an application under this paragraph
shall send a copy of the application to the pupil's
2resident school board, except that if the pupil is attending a school in a school district
3other than the pupil's resident school district pursuant to a whole grade sharing
4agreement under s. 118.50, the nonresident school district to which the pupil applies
5under this section shall send a copy of the application to the school board of the
6district in which the pupil is attending school pursuant to the whole grade sharing
7agreement
full-time educational institution.
AB849,12 8Section 12. 118.52 (3) (b) of the statutes is amended to read:
AB849,7,129 118.52 (3) (b) If a nonresident school board the governing body of an
10educational institution
receives more applications for a particular course than there
11are spaces available in the course, the nonresident school board governing body of
12the educational institution
shall determine which pupils to accept on a random basis.
AB849,13 13Section 13. 118.52 (3) (c) of the statutes is amended to read:
AB849,8,614 118.52 (3) (c) No later than one week 4 weeks prior to the date on which the
15course is scheduled to commence, the nonresident school board governing body of the
16educational institution
shall notify the applicant and the resident school board
17governing body of the applicant's full-time educational institution, in writing,
18whether the application has been accepted and, if the application is accepted, the
19school location at which the pupil may attend the course. If the applicant pupil is
20attending a school in a school district other than the pupil's resident school district
21pursuant to a whole grade sharing agreement under s. 118.50, the school board of the
22district to which the pupil applies under this section shall provide the notice required
23under this paragraph to the school board of the district in which the pupil is
24attending school pursuant to the whole grade sharing agreement.
If the application
25is accepted, the governing body of the educational institution shall also notify the

1governing body of the applicant's full-time educational institution, in writing, of the
2estimated cost of the course.
The acceptance applies only for the following semester,
3school year, or other session in which the course is offered. If the school board of the
4district
governing body of the educational institution to which the pupil applies
5under this section rejects an application, it the governing body shall include in the
6notice the reason for the rejection.
AB849,14 7Section 14. 118.52 (3) (d) of the statutes is repealed.
AB849,15 8Section 15. 118.52 (3) (e) of the statutes is amended to read:
AB849,8,189 118.52 (3) (e) Following receipt of a notice of acceptance but prior to 2 weeks
10before
the date on which the course is scheduled to commence, the pupil's parent
11shall notify the resident school board, or, if the pupil is attending school in a school
12district other than the pupil's resident school district pursuant to a whole grade
13sharing agreement under s. 118.50, the school board of the district in which the pupil
14is attending school,
governing body of the pupil's full-time educational institution
15and the school board of the district to governing body of the educational institution
16providing the course for
which the pupil applies under this section of the pupil's
17intent to attend the course in the school district to which the pupil applies under this
18section
.
AB849,16 19Section 16. 118.52 (4) of the statutes is renumbered 118.52 (2p) and amended
20to read:
AB849,8,2521 118.52 (2p) Adoption of policies and criteria; school boards and charter
22schools
. By February 1, 1998, Annually, by June 1, each school board and governing
23board of a charter school
shall adopt a resolution specifying the criteria and policies
24described in subs. (5) and (6). If the school board or governing board of a charter
25school
wishes to revise the criteria or policies, it shall do so by resolution.
AB849,17
1Section 17. 118.52 (5) of the statutes is amended to read:
AB849,9,102 118.52 (5) Nonresident school district Governing bodies of educational
3institutions;
acceptance and rejection criteria. School board A governing body's
4policies and criteria for accepting and rejecting applications under sub. (3) from
5pupils who reside in another school district are enrolled in or attend a different
6educational institution
shall be the same as the policies and criteria for entry into
7the course that apply to pupils who reside in the school district, except that the school
8board may give preference in attendance in a course to residents of the school district
9are enrolled in or attend on a full-time basis the educational institution governed by
10the governing body
.
AB849,18 11Section 18. 118.52 (6) of the statutes is amended to read:
AB849,9,2212 118.52 (6) Resident school district rejection Rejection criteria; full-time
13educational institution
. (a) Individualized education program requirements. The
14school board of a
A pupil's resident school district, or, if the pupil is attending school
15in a school district other than the pupil's resident school district pursuant to a whole
16grade sharing agreement under s. 118.50, the school board of the district in which
17the pupil is attending school,
board shall reject a pupil's application to attend a
18course in a public school in a nonresident school district offered by an educational
19institution
under this section if the resident school board or the school board of the
20district in which the pupil is attending school, respectively,
determines that the
21course conflicts with the individualized education program for the pupil under s.
22115.787 (2).
AB849,9,2523 (b) Undue financial burden. The school board of a governing body of a pupil's
24resident school district full-time educational institution may reject an the pupil's
25application to attend a course in a public school in a nonresident school district

1offered by another educational institution under this section if the cost of the course
2would impose upon the resident school district full-time educational institution an
3undue financial burden in light of the resident school district's full-time educational
4institution's
total economic circumstances, including its revenue limit under subch.
5VII of ch. 121,
its ability to pay tuition costs for the pupil, and the per pupil cost for
6children continuing to be served by the resident school district it, and if applicable,
7its revenue limit under subch. VII of ch. 121
.
AB849,19 8Section 19. 118.52 (8) of the statutes is amended to read:
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