CR 18-048 Rule Text

(a)

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.

(b)

If the nonresident school board adopts a policy to give preference in attendance at a course to pupils who reside in the school district pursuant to s. 118.52 (5), Stats., the policy must require resident applicants who apply to take courses under s. 118.145 (4) and 118.53, Stats., to apply for the course by a final deadline of no earlier than 6 weeks nor later than 1 week before the course starting date in order to receive such preference ahead of an applicant for the course under s. 118.52, Stats. This provision does not prohibit a school board from approving applications for a course that are received under s. 118.145 (4) or 118.53, Stats., after such final deadline, provided that the school board did not deny any applications for the same course that were submitted under s. 118.52, Stats., due to lack of available space.

(c)

The nonresident school board shall provide notice of the nonresident school board’s decision as required under s. 118.52 (3) (c), Stats., to the parent no later than one week prior to the course starting date. This notice is timely if received by the parent before the date on which the notice is required. If delivered by first-class mail, a written notification is considered timely only if post-marked at least 3 days before the date on which the notice is required to be received by the parent.

(d)

If the application is rejected, the nonresident school board shall do all of the following:

1.

Provide notice to the parent that the decision may be appealed to the department within 30 days.

2.

Send a copy of the application, including the notice of denial, to the resident school board.

(e)

If the pupil fails to attend the course after being accepted and providing notice of intent to attend the course, the nonresident school district shall promptly notify the resident school district.

(3)

Review by resident school district.

(f)

The resident school board shall provide notice of the resident school board’s decision as required under s. 118.52 (3) (d), Stats., to the parent no later than one week prior to the course starting date. This notice is timely if post-marked at least 3 days before the date on which the notice is required to be received by the parent.

(g)

If the application is rejected under s. 118.52 (6), Stats., the resident school board shall do all of the following:

3.

Provide notice to the parent that the decision may be appealed to the department within 30 days.

4.

Send a copy of the denial to the nonresident school board.

(4)

Appeal. If the application is denied by either the resident school board or the nonresident school board, the parent may appeal the denial to the department within 30 days of receipt of the notice of denial as provided under s. PI 36.14.

Note: The Part-Time Public School Open Enrollment Application Form may be obtained from the department’s open enrollment website at https://dpi.wi.gov/oe.

PI 36.18 Transportation.

(1)

Any claim under s. 118.52 (11), Stats., for reimbursement of transportation costs shall be submitted using a transportation reimbursement form by July 15 following the school year in which the transportation was provided.

(2)

The state superintendent shall use the calculation described in s. PI 36.13 (2) (a) to determine the amount of reimbursement.

(3)

If adequate funds are not available under s. 20.255 (2) (cy), Stats., to reimburse all transportation claims under this chapter and s. 118.55 (7g), Stats., the state superintendent shall prorate the available funds among only those applicants eligible for free or reduced-price lunch under 42 USC 1758 (b).

(4)

Any funds provided under s. 20.255 (2) (cy), Stats., that remain after payment has been made to reimburse claims under sub. (3) of this section and under s. 118.55 (7g), Stats., shall be prorated to reimburse claims submitted by other applicants under this paragraph and under s. 118.55 (7g), Stats., who are unable to pay for transportation.

Note: The Part-Time Public School Open Enrollment Transportation Reimbursement Application online form is available starting June 1 on the department’s open enrollment website at: https://dpi.wi.gov/oe.

PI 36.19 Calculating cost of course. For purposes of s. 118.52 (12), Stats., the cost of providing a course to a pupil shall be determined by first dividing the total number of hours of instruction provided to the pupil in the course by 1,137, then multiplying the result by the annual tuition rate as determined by s. 121.76 (2) (a), Stats. For purposes of determining hours of instruction for virtual charter school coursework, the total number of hours of instruction shall be 135 hours per credit.

SECTION 2. EFFECTIVE DATE:

The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.

Dated this _____ day of ____________, 2019

__________________________________________

Carolyn Stanford Taylor

State Superintendent