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, for an application submitted under
sub. (3) (a), by the first Friday following the first Monday in May, and within 10 days of receiving a copy of an application under
sub. (3m) (c), the resident school board shall provide to the nonresident school board to which a pupil has applied under this section 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), the resident school board prohibits a pupil from attending public school in a nonresident school district under
sub. (3m) (d),
(6),
(7) or
(12) (b) 1., or the nonresident school board prohibits a pupil from attending public school in the nonresident school district under
sub. (11), 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(11)
(11) Habitual truancy. Notwithstanding
subs. (3) (c) and
(13), if a nonresident school board determines that a pupil attending the nonresident school district under this section is habitually truant from the nonresident school district during either semester in the current school year, the nonresident school board may prohibit the pupil from attending the nonresident school district under this section in the succeeding semester or school year.
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 (1) (b).
118.51(12)(am)1.1. The nonresident school district shall prepare an estimate of the costs to provide the special education or related services required in the individualized education program developed under
s. 115.787 (2) for a child with a disability whose parent has submitted an application under this section. For an application submitted for a child with a disability under
sub. (3) (a), the nonresident school district shall provide a copy of the estimate of costs to the resident school district by the 3rd Friday following the first Monday in May. For an application submitted for a child with a disability under
sub. (3m) (a), the nonresident school district shall provide a copy of the estimate of costs to the resident school district within 10 days after receiving or developing the individualized education program for the applicant.
118.51(12)(am)2.
2. Except as provided in
subd. 3., if the nonresident school district fails to comply with the requirement under this section by the date specified, the nonresident school district may not charge the resident school district for any actual, additional costs incurred by the nonresident school district to provide the special education and related services for the child with a disability.
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.a.a. For the amount in the 2013-14 and 2014-15 school years, the amount determined under this subdivision for the previous school year plus $150.
118.51(16)(a)3.b.
b. Beginning with the amount in the 2015-16 school year, the sum of the amount determined under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under
s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under
s. 118.40 (2r) (e) 2p., if positive.
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 History
History: 1997 a. 27,
41,
164;
1999 a. 117,
118;
2001 a. 16,
104;
2003 a. 55;
2005 a. 258;
2007 a. 222;
2009 a. 185,
250,
303,
304;
2011 a. 32,
114,
258;
2013 a. 20,
165.
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(1)(am)
(am) "Educational institution" includes a public school in a nonresident school district, the University of Wisconsin System, a technical college, a nonprofit institution of higher education, a tribal college, a charter school, and any nonprofit organization that has been approved by the department.
118.52(1)(ar)
(ar) "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. A pupil enrolled in a public school may attend an educational institution under this section for the purpose of taking a course offered by the educational institution. A pupil may attend no more than 2 courses at any time at educational institutions under this section.
118.52(3)(a)(a) The parent of a pupil who wishes to attend an educational institution for the purpose of taking a course under this section shall submit an application, on a form provided by the department, to the educational institution at 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 educational institution shall send a copy of the application to the pupil's resident school board.
118.52(3)(b)
(b) If an educational institution receives more applications for a particular course than there are spaces available in the course, the educational institution 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 educational institution 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 educational institution 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 an educational institution under
sub. (6), notify the applicant and the educational institution, 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 the educational institution of the pupil's intent to attend the course at the educational institution.
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 at an educational institution 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)(c)
(c)
Pupil plan; high school graduation requirements. The school board of a pupil's resident school district may reject an application by a pupil to attend a course at an educational institution if the resident school board determines that any of the following apply:
118.52(8)
(8) Appeal of rejection. If an application is rejected under
sub. (3) (c) or a pupil is prohibited from attending a course at an educational institution 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 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 pupils. A pupil attending a course at an educational institution under this section has all of the rights and privileges of other pupils attending the educational institution and is subject to the same rules and regulations as those pupils.
118.52(10)
(10) Disciplinary records. Notwithstanding
s. 118.125, the resident school board shall provide to the educational institution to which a pupil has applied under this section, upon request by that educational institution, 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 at an educational institution 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 at an educational institution 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 educational institution that the pupil is attending for 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 educational institution, for each resident pupil attending a course at the educational institution under this section, an amount equal to the cost of providing the course to the pupil, calculated in a manner determined by the department. The educational institution may not charge to or receive from the pupil or the pupil's resident school board any additional payment for a pupil attending a course at the educational institution under this section.
118.52 Cross-reference
Cross-reference: See also ch.
PI 36, Wis. adm. code.
118.52 Annotation
This section applies when a high school student attends an educational institution including the University of Wisconsin System (UWS) for the purpose of taking a course offered by the educational institution. Before the 2013 revision of this section, a high school student taking a concurrent enrollment course for college credit paid tuition to UWS, either directly or indirectly. Providing concurrent enrollment courses to high school students at no cost to the students is consistent with the legislative intent in revising this section.
OAG 4-14.
118.53
118.53
Attendance by pupils enrolled in a home-based private educational program. 118.53(1)
(1) In this section, "course" means study which has the fundamental purposes of developing the knowledge, concepts, and skills in a subject.
118.53(2)
(2) In addition to the standards for admission under
ss. 118.14,
118.145 (1), and
120.12 (25), the school board of a district shall determine the minimum standards for admission to a course offered by the school district in grades kindergarten through 8.
118.53(2m)
(2m) A school board shall allow a pupil enrolled in a home-based private educational program who has not met the minimum standards for admission into high school under
s. 118.145 (1) to attend up to 2 courses at a public school in the district during each school semester if the school board determines that the pupil qualifies for admission to those courses and if there is sufficient space in the classroom.
118.53(3)
(3) A school board shall allow a pupil enrolled in a home-based private educational program, who has met the standards for admission under
sub. (2), to attend up to 2 courses at a public school in the district during each school semester if the school board determines that there is sufficient space in the classroom.
118.53(4)
(4) A pupil enrolled in a home-based private educational program and attending a public school under this section may attend one course in each of 2 school districts, but may not attend more than 2 courses in any semester.
118.53 History
History: 2013 a. 20,
211.
