118.51(17)(b)2.a. a. In the 2016-17 school year, the per pupil transfer amount is $12,000.

118.51(17)(b)2.b. b. In the 2017-18 school year, the per pupil transfer amount is the sum of the per pupil transfer amount 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(17)(b)2.c. c. Beginning in the 2018-19 school year, and subject to subd. 3., the per pupil transfer amount is the sum of the per pupil transfer amount 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(17)(b)3. 3. Beginning in the 2019-20 school year, if a nonresident school board submitted a financial statement for a child with a disability under sub. (12) (a) in the previous school year, the per pupil transfer amount for that child is the amount shown on the financial statement for that child for the previous school year, up to $30,000.

118.51(17)(bm) (bm)

118.51(17)(bm)1. 1. Beginning in the 2019-20 school year, the department shall determine all of the following for each school district:

118.51(17)(bm)1.a. a. The number of nonresident pupils attending public school in the school district under this section who are receiving special education or related services under subch. V of ch. 115 and for whom no financial statement was submitted under sub. (12) (a) in that school year.

118.51(17)(bm)1.b. b. The amount shown on each financial statement submitted in that school year under sub. (12) (a) by the school board of that school district for a nonresident pupil who is attending public school in the school district under this section and receiving special education or related services under subch. V of ch. 115. If the amount shown on any financial statement described in this subd. 1. b. exceeds $30,000, for the purpose of subd. 2. b., the department shall identify the amount shown as $30,000.

118.51(17)(bm)1.c. c. The number of resident pupils attending public school in a nonresident school district under this section who are receiving special education or related services under subch. V of ch. 115 and for whom the nonresident school board did not submit a financial statement under sub. (12) (a) in that school year.

118.51(17)(bm)1.d. d. The amount shown on each financial statement submitted in that school year under sub. (12) (a) for a pupil who is a resident of the school district and who is attending public school in a nonresident school district under this section and receiving special education or related services under subch. V of ch. 115. If the amount shown on any financial statement described in this subd. 1. d. exceeds $30,000, for the purpose of subd. 2. e., the department shall identify the amount shown as $30,000.

118.51(17)(bm)2. 2. Beginning in the 2019-20 school year, for each school district, the department shall do all of the following:

118.51(17)(bm)2.a. a. Multiply the number under subd. 1. a. by the per pupil transfer amount under par. (b) 2. c.

118.51(17)(bm)2.b. b. Determine the sum of the amounts shown on the financial statements submitted as described under subd. 1. b.

118.51(17)(bm)2.c. c. Determine the sum of the product under subd. 2. a. and the sum under subd. 2. b.

118.51(17)(bm)2.d. d. Multiply the number under subd. 1. c. by the per pupil transfer amount under par. (b) 2. c.

118.51(17)(bm)2.e. e. Determine the sum of the amounts shown on the financial statements submitted as described under subd. 1. d.

118.51(17)(bm)2.f. f. Determine the sum of the product under subd. 2. d. and the sum under subd. 2. e.

118.51(17)(c) (c)

118.51(17)(c)1. 1. If the number determined in par. (b) 1. a. is greater than the number determined in par. (b) 1. b. for a school district, in the 2016-17, 2017-18, and 2018-19 school years, the department shall increase that school district’s state aid payment under s. 121.08 by an amount equal to the difference multiplied by an amount under par. (b) 2. a., b., or c.

118.51(17)(c)2. 2. If the number determined in par. (b) 1. a. is less than the number determined in par. (b) 1. b. for a school district, in the 2016-17, 2017-18, and 2018-19 school years, the department shall decrease that school district’s state aid payment under s. 121.08 by an amount equal to the difference multiplied by an amount under par. (b) 2. a., b., or c. 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(17)(cm) (cm)

118.51(17)(cm)1. 1. If the amount determined under par. (bm) 2. c. is greater than the amount determined under par. (bm) 2. f. for a school district, beginning in the 2019-20 school year, the department shall increase that school district’s state aid payment under s. 121.08 by an amount equal to the difference.

118.51(17)(cm)2. 2. If the amount determined under par. (bm) 2. c. is less than the amount determined under par. (bm) 2. f. for a school district, beginning in the 2019-20 school year, the department shall decrease that school district’s state aid payment under s. 121.08 by an amount equal to the difference. 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(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; 2015 a. 55; 2017 a. 59, 143, 366; 2021 a. 19.

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 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 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 subch. VI of ch. 121 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 U.S. Constitution, as those guarantees were applied in Seattle School District No. 1, 551 U.S. 701 (2007). OAG 4-07. See also N.N. v. Madison Metropolitan School District, 670 F. Supp. 2d 927 (2009).