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 (2).
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 (2).
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).
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 Cross-reference
Cross Reference: See also ch.
PI 36, Wis. adm. code.
118.51 Annotation
The preference under sub. (5) (c) for continuing students only applies when there are spaces available in the first place. The acceptance of continuing students and rejection of another student when no space was available was arbitrary under sub. (9). McMorrow v. Benson, 2000 WI App 173,
238 Wis. 2d 329,
617 N.W.2d 247.
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.
118.52(1)(d)
(d) "Resident school board" means the school board of a resident school district.
118.52(1)(e)
(e) "Resident school district" means the school district in which a pupil resides.
118.52(2)
(2) Applicability. Beginning in the 1998-99 school year, a pupil enrolled in a public school in the high school grades may attend public school in a nonresident school district under this section for the purpose of taking a course offered by the nonresident school district. A pupil may attend no more than 2 courses at any time in nonresident school districts under this section.
118.52(3)(a)(a) The parent of a pupil who wishes to attend public school in a nonresident school district for the purpose of taking a course under this section shall submit an application, on a form provided by the department, to the school board of the nonresident school district in which the pupil wishes to attend a course not later than 6 weeks prior to the date on which the course is scheduled to commence. The application shall specify the course that the pupil wishes to attend and may specify the school or schools at which the pupil wishes to attend the course. The nonresident school board shall send a copy of the application to the pupil's resident school board.
118.52(3)(b)
(b) If a nonresident school board receives more applications for a particular course than there are spaces available in the course, the nonresident school board shall determine which pupils to accept on a random basis.
118.52(3)(c)
(c) No later than one week prior to the date on which the course is scheduled to commence, the nonresident school board shall notify the applicant and the resident school board, in writing, whether the application has been accepted and, if the application is accepted, the school at which the pupil may attend the course. The acceptance applies only for the following semester, school year or other session in which the course is offered. If the nonresident school board rejects an application, it shall include in the notice the reason for the rejection.
118.52(3)(d)
(d) No later than one week prior to the date on which the course is scheduled to commence, the resident school board shall do all of the following:
118.52(3)(d)1.
1. If it denies an application to attend public school in a nonresident school district under
sub. (6), 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 rejection.
118.52(3)(d)2.
2. If it determines that the course does not satisfy high school graduation requirements under
s. 118.33 in the resident school district, notify the applicant in writing.
118.52(3)(e)
(e) Following receipt of a notice of acceptance but prior to the date on which the course is scheduled to commence, the pupil's parent shall notify the resident school board and nonresident school board of the pupil's intent to attend the course in the nonresident school district.
118.52(4)
(4) Adoption of policies and criteria. By February 1, 1998, each school board shall adopt a resolution specifying the criteria and policies described in
subs. (5) and
(6). If the school board wishes to revise the criteria or policies, it shall do so by resolution.
118.52(5)
(5) Nonresident school district acceptance and rejection criteria. School board policies and criteria for accepting and rejecting applications under
sub. (3) from pupils who reside in another school district shall be the same as the policies and criteria for entry into the course that apply to pupils who reside in the school district, except that the school board may give preference in attendance in a course to residents of the school district.
118.52(6)
(6) Resident school district rejection criteria. 118.52(6)(a)(a)
Individualized education program requirements. The school board of a pupil's resident school district shall reject a pupil's application to attend a course in a public school in a nonresident school district if the resident school board determines that the course conflicts with the individualized education program for the pupil under
s. 115.787 (2).
118.52(6)(b)
(b)
Undue financial burden. The school board of a pupil's resident school district may reject an application to attend a course in a public school in a nonresident school district if the cost of the course would impose upon the 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 costs for children continuing to be served by the resident school district.
118.52(8)
(8) Appeal of rejection. If an application is rejected under
sub. (5) or a pupil is prohibited from attending a course in a public school in a nonresident school district under
sub. (6), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable. The department's decision is final and is not subject to judicial review under
subch. III of ch. 227.
118.52(9)
(9) Rights and privileges of nonresident pupils. A pupil attending a course in 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.
118.52(10)
(10) 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, 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.
118.52(11)(a)(a)
Responsibility. The parent of a pupil attending a course in a public school in a nonresident school district under this section is responsible for transporting the pupil to and from the course that the pupil is attending.
118.52(11)(b)
(b)
Low-income assistance. The parent of a pupil who is attending a course in a public school in a nonresident school district under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the school at which the pupil is attending the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under
s. 20.255 (2) (cy). The department shall give preference under this paragraph to those pupils who are eligible for a free or reduced-price lunch under
42 USC 1758 (b).
118.52(12)
(12) Tuition. The resident school board shall pay to the nonresident school board, for each pupil attending a course in a public school in the nonresident school district under this section, an amount equal to the cost of providing the course to the pupil, calculated in a manner determined by the department.
