PI 36.06 NoteNote: PI 9418, Form for Filing an Open Enrollment Appeal, may be obtained free of charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI or by contacting the department at 888-245-2732 or openenrollment@dpi.wi.gov or from the department’s web site at https://dpi.wi.gov/open-enrollment/appeals.

PI 36.06(4)(c)3.3. If the application was denied by the nonresident school board because space is not available in regular or special education, the pupil’s number on any waiting list, if applicable.

PI 36.06(4)(d)(d) If the nonresident school board has adopted a policy requiring reapplication under s. 118.51 (3) (c) 1., Stats., the board shall notify the parent of the reapplication requirement prior to the beginning of the regular application period in which the pupil is required to reapply.

PI 36.06(5)(a)(a) At the January board meeting, the nonresident school board shall designate the number of regular education spaces, by grade, and the number of special education spaces, by program or services, in the district using the criteria specified in its policy under s. PI 36.04 (2).

PI 36.06(5)(b)(b) The nonresident school board may not, on or after the first Monday in February, reduce the number of spaces designated under par. (a).

PI 36.06(5)(c)(c) Prior to the date specified in s. 118.51 (3) (a) 3., Stats., the nonresident school board may not approve more applications submitted during the regular application period than the number of spaces it designated under par. (a), except that a nonresident school board may approve additional applications for pupils who are guaranteed approval.

PI 36.06(5)(d)(d) After the date specified in s. 118.51 (3) (a) 3., Stats., the nonresident school board may approve applications it had initially denied if any of the following cause spaces to become available:

PI 36.06(5)(d)1.1. A parent notifies the nonresident school board that the pupil will not attend the nonresident school district.

PI 36.06(5)(d)3.3. The school board determines that additional spaces have become available since its determination at the January board meeting.

PI 36.06(5)(e)(e) Applications approved under par. (d) shall be approved as follows:

PI 36.06(5)(e)2.2. Subject to s. PI 36.04 (7), if the nonresident school board has offered spaces to all pupils on the waiting list, the nonresident school board may approve alternative applications.

PI 36.06(5)(f)(f) The nonresident school board shall deny any application received after 4:00 p.m. on the last day of the regular application period.

PI 36.06(6)(6) Resident school board. A resident school board may not act on any application submitted to the nonresident school board pursuant to the nonresident school board’s requirement to reapply under s. 118.51 (3) (c) 1., Stats.

PI 36.06 HistoryHistory: CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; correction in (2) (a) (intro.) made under s. 35.17, Stats., Register August 2014 No. 704; CR 16-019: am. (4) (b) 2., r. (4) (b) 3., 4., am. (4) (c) (intro.), r. (4) (c) 4. Register July 2016 No. 727, eff. 8-1-16; CR 21-082: am. (1) (b) Register May 2022 No. 797, eff. 6-1-22; correction in (1) (b) made under s. 35.17, Stats., Register May 2022 No. 797.

PI 36.07PI 36.07 Alternative application procedures. The following additional provisions apply to applications submitted under the alternative application procedure:

PI 36.07(1)(1) Application. A pupil is a victim of a violent criminal offense under s. 118.51 (3m) (b) 1., Stats., if the resident school board determines that the pupil has been a victim of a violent criminal offense, as defined in ch. PI 23.03, under either of the following circumstances and reports the incident to the appropriate law enforcement agency and to the building principal:

PI 36.07(1)(a)(a) The pupil has been a victim of a violent criminal offense while on the school grounds of the school that the pupil attends during school hours, or during a school-sponsored event at the school the pupil attends that does not occur during school hours.

PI 36.07(1)(b)(b) The pupil has been a victim of a violent criminal offense while being transported to school for the purposes of attending curricular programs during school hours, or from school to home immediately following school hours on a school bus owned, leased, or contracted by the school district or by a motor vehicle operated as an alternative method of transportation under s. 121.555, Stats.

PI 36.07(2)(a)(a) If the application is approved by the nonresident school board, the pupil may attend the nonresident school district on or before the date specified in s. 118.51 (3m) (e), Stats., or a date agreed to by the pupil’s parent and the nonresident school board. If the pupil has not attended the nonresident school district on or before the date specified in this paragraph, the board may notify the parent, in writing, that the pupil is no longer authorized to attend school in the nonresident school district.

PI 36.07(2)(b)(b) A pupil may begin attending the nonresident school district under par. (a) if the resident school board has either approved the application or not acted upon the application. If the resident school board denies the application, the pupil may not attend the nonresident school district or shall cease attending the nonresident school district.

PI 36.07(2)(c)(c) Notwithstanding par. (b), if the parent intends to file an appeal of the resident school board’s denial under s. 118.51 (3m) (b) 8. or (d), Stats., the pupil may attend the nonresident school district pending the outcome of the appeal. If the parent fails to file a timely appeal or if the department affirms the resident school board’s decision, the pupil shall cease attending the nonresident school district.