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2019 - 2020 LEGISLATURE
January 8, 2020 - Introduced by Senators Kooyenga and Craig, cosponsored by
Representatives Sanfelippo and Kuglitsch. Referred to Committee on
Education.
SB639,1,4 1An Act to amend 118.51 (3) (a) 2., 118.51 (4) (a) 3. and 118.51 (5) (a) (intro.); and
2to create 118.51 (3) (a) 2m. and 118.51 (4) (a) 3m. of the statutes; relating to:
3allowing the School District of New Berlin to give preference to residents of New
4Berlin in accepting full-time open enrollment applications.
Analysis by the Legislative Reference Bureau
Under current law, a pupil may attend a public school in a school district other
than the pupil's resident school district (nonresident school district) under the
full-time open enrollment program (OEP). Under the OEP, a nonresident school
district must annually determine the number of regular education and special
education spaces that it has available for nonresident pupils under the OEP. If a
nonresident school district receives more applications than it has available in a
particular grade or program, the nonresident school board must determine, on a
random basis, which applications to accept, after applying certain preferences.
Under current law, when accepting OEP applications, a nonresident school
board must give preference to pupils and siblings of pupils who are already attending
the nonresident school district and, if the nonresident school district is a union high
school district, to pupils attending an underlying elementary school district under

the OEP. This bill allows the New Berlin School Board to also give preference to
pupils who reside in New Berlin.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB639,1 1Section 1 . 118.51 (3) (a) 2. of the statutes is amended to read:
SB639,2,162 118.51 (3) (a) 2. A nonresident school board may not act on any application
3received under subd. 1. before May 1. If a nonresident school board receives more
4applications for a particular grade or program than there are spaces available in the
5grade or program, the nonresident school board shall determine which pupils to
6accept, including pupils accepted from a waiting list under sub. (5) (d), on a random
7basis, after giving preference to pupils and to siblings of pupils who are already
8attending the nonresident school district and, if the nonresident school district is a
9union high school district, to pupils who are attending an underlying elementary
10school district of the nonresident school district under this section
the preferences
11under subd. 2m
. If a nonresident school board determines that space is not otherwise
12available for open enrollment pupils in the grade or program to which an individual
13has applied, the school board may nevertheless accept a pupil or the sibling of a pupil
14who is already attending the nonresident school district and, if the nonresident
15school district is a union high school district, a pupil who is attending an underlying
16elementary school district of the nonresident school district under this section.
SB639,2 17Section 2 . 118.51 (3) (a) 2m. of the statutes is created to read:
SB639,3,218 118.51 (3) (a) 2m. a. In accepting applications under subd. 2., a nonresident
19school board shall give preference to pupils and to siblings of pupils who are already
20attending the nonresident school district and if the nonresident school district is a

1union high school district, to pupils who are attending an underlying elementary
2school district of the nonresident school district under this section.
SB639,3,53 b. In accepting applications under subd. 2., if the nonresident school board is
4the school board in charge of the School District of New Berlin, the nonresident school
5board may give preference to pupils who reside in the city of New Berlin.
SB639,3 6Section 3 . 118.51 (4) (a) 3. of the statutes is amended to read:
SB639,3,87 118.51 (4) (a) 3. A statement of the preference required under sub. (3) (a) 2 2m.
8a
.
SB639,4 9Section 4 . 118.51 (4) (a) 3m. of the statutes is created to read:
SB639,3,1110 118.51 (4) (a) 3m. If applicable, a statement of whether the school board will
11give the preference allowed under sub. (3) (a) 2m. b.
SB639,5 12Section 5. 118.51 (5) (a) (intro.) of the statutes is amended to read:
SB639,3,1513 118.51 (5) (a) Permissible criteria. (intro.) Except as provided in sub. (3) (a)
142. and 2m., the criteria for accepting and rejecting applications from nonresident
15pupils under subs. (3) (a) and (3m) (a) may include only the following:
SB639,3,1616 (End)
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