118.51(12)(b)1.1. If the estimate of 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 and as provided to the resident school district as required under
par. (am), 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 2nd Friday following the first Monday in June 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. Except as provided in
s. 118.134 (3m), 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) and an application form to be used by parents under
sub. (3m) (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). The report under this paragraph shall include all of the following information:
118.51(15)(c)1.
1. The number of pupils who applied to attend public school in a nonresident school district under this section.
118.51(15)(c)2.
2. The number of applications received under
subs. (3) (a) and
(3m) (a) and, for the applications received under
sub. (3m) (a), the number of applications received under each of the criteria listed in
sub. (3m) (b).
118.51(15)(c)3.
3. The number of applications denied and the bases for the denials.
118.51(15)(c)4.
4. The number of pupils attending public school in a nonresident school district under this section. The department shall specify, separately, the number of pupils attending public school in a nonresident school district whose applications were accepted under
subs. (3) (a) 3. and
(3m) (c), and, for the applications accepted under
sub. (3m) (c), the number of pupils attending under each of the criteria listed in
sub. (3m) (b).
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
Sub. (6) provides no authority to limit resident student transfers, or open enrollment, provided for in sub. (2) after the 2005-06 school year. Because there are no express provisions for any school year beyond 2005-06 and no indication that the application of the 2005-06 percentage limits would be ongoing, the application of the percentage limits must end in 2005-06. School District of Stockbridge v. Evers,
2010 WI App 144,
330 Wis. 2d 80, 792 N.W.2d _615,
10-0829.
118.51 Annotation
While this section imposes application requirements and some limitations, for example relating to racial balance and special education students under subs. (7) and (12) (b) 1., there are no restrictions on resident transfers based on the overall financial health of the resident district. School District of Stockbridge v. Evers,
2010 WI App 144,
330 Wis. 2d 80,
792 N.W.2d 615,
10-0829.
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. See also, N.N. v. Madison Metropolitan School District,
670 F. Supp. 2d 927.
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.
118.52 History
History: 1997 a. 27,
41,
164.;
2001 a. 16.
118.52 Cross-reference
Cross-reference: See also ch.
PI 36, Wis. adm. code.
118.55
118.55
Youth options program. 118.55(1)
(1)
Definition. In this section, "institution of higher education" means an institution within the University of Wisconsin System, a tribally controlled college or a private, nonprofit institution of higher education located in this state.
118.55(2)
(2) Enrollment in institution of higher education; application. 118.55(2)(a)(a) Subject to
par. (b) and
sub. (7t) (c), any public school pupil enrolled in the 11th or 12th grade who is not attending a technical college under
sub. (7r) or
s. 118.15 (1) (b) may enroll in an institution of higher education for the purpose of taking one or more nonsectarian courses at the institution of higher education. The pupil shall submit an application to the institution of higher education in the previous school semester. The pupil shall indicate on the application whether he or she will be taking the course or courses for high school credit or postsecondary credit. The pupil shall also specify on the application that if he or she is admitted the institution of higher education may disclose the pupil's grades, the courses that he or she is taking and his or her attendance record to the public school in which the pupil is enrolled.
118.55(2)(b)
(b) Paragraph (a) applies to a private institution of higher education and to a tribally controlled college only if the private institution of higher education or tribally controlled college has notified the state superintendent of its intent to participate in the program under this section by September 1 of the previous school year.
118.55(3)
(3) Notification of school board; determination of high school credit. 118.55(3)(a)(a) A pupil who intends to enroll in an institution of higher education under this section shall notify the school board of the school district in which he or she is enrolled of that intention no later than March 1 if the pupil intends to enroll in the fall semester, and no later than October 1 if the pupil intends to enroll in the spring semester. The notice shall include the titles of the courses in which the pupil intends to enroll and the number of credits of each course, and shall specify whether the pupil will be taking the courses for high school or postsecondary credit.
118.55(3)(b)
(b) If the pupil specifies in the notice under
par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under
s. 118.33 and the number of high school credits to award the pupil for the course, if any. In cooperation with institutions of higher education, the state superintendent shall develop guidelines to assist school districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the beginning of the semester in which the pupil will be enrolled. If the pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the state superintendent within 30 days after the decision. The state superintendent's decision shall be final and is not subject to review under
subch. III of ch. 227.
118.55(4)
(4) Admission to institution of higher education; notification. 118.55(4)(a)(a) An institution of higher education may admit a pupil under this section only if it has space available.
118.55(4)(am)
(am) A pupil may attend an institution of higher education under this section only if the institution of higher education complies with
s. 118.13 (1).
118.55(4)(b)
(b) If an institution of higher education admits a pupil, it shall notify the school board of the school district in which the pupil is enrolled, in writing, within 30 days after the beginning of classes at the institution of higher education. The notification shall include the course or courses in which the pupil is enrolled.
118.55(4)(c)
(c) If a pupil is not admitted to attend the course that he or she specified in the notice under
sub. (3) (a) but is admitted to attend a different course, the pupil shall immediately notify the school board of the school district in which he or she is enrolled and the school board shall inform the pupil of its determinations under
sub. (3) (b) regarding the course to which the pupil was admitted as soon as practicable.
118.55(5)
(5) Payment. Subject to
sub. (7t), within 30 days after the end of the semester, the school board of the school district in which a pupil attending an institution of higher education under this section is enrolled shall pay the institution of higher education, on behalf of the pupil, the following amount for any course that is taken for high school credit and that is not comparable to a course offered in the school district:
118.55(5)(a)
(a) If the pupil is attending an institution within the University of Wisconsin System, the actual cost of tuition, fees, books and other necessary materials directly related to the course.
118.55(5)(c)
(c) If the pupil is attending a private institution of higher education, the lesser of the following:
118.55(5)(c)1.
1. The actual cost of tuition, fees, books and other necessary materials directly related to the course.
118.55(5)(c)2.
2. An amount determined by dividing the state total net cost of the general fund in the previous school year by the state total membership in the previous school year, dividing that quotient by the statewide average number of high school credits taken by full-time pupils in the previous school year, as determined by the state superintendent, and multiplying that quotient by the number of high school credits taken by the pupil at the private institution of higher education, as determined under
sub. (3) (b). In this subdivision, "net cost" has the meaning given in
s. 121.004 (6), and "membership" has the meaning given in
s. 121.004 (5).
118.55(6)
(6) Responsibility of pupil for tuition and fees; institution of higher education. 118.55(6)(a)(a) Subject to
sub. (7t), a pupil taking a course at an institution of higher education for high school credit under this section is not responsible for any portion of the tuition and fees for the course if the school board, or the state superintendent on appeal under
sub. (3) (b), has determined that the course is not comparable to a course offered in the school district.
118.55(6)(b)
(b) A pupil taking a course at an institution of higher education for high school credit under this section is responsible for the tuition and fees for the course if the school board has determined that the course is comparable to a course offered in the school district, unless the state superintendent reverses the school board's decision on appeal under
sub. (3) (b).
118.55(6)(c)
(c) A pupil taking a course at an institution of higher education for postsecondary credit under this section is responsible for the tuition and fees for the course.
118.55(7g)
(7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under
s. 20.255 (2) (cw). The state superintendent shall give preference under this subsection to those pupils who are eligible for a free or reduced-price lunch under
42 USC 1758 (b).
