PI 36.10(3)(a)(a)
PI 36.10(3)(a)1.1. A child who is not yet 3 years old may submit an application during the regular application period if all of the following apply:
PI 36.10(3)(a)1.a.a. The child will be 3 years old on or before the 3rd Friday in September.
PI 36.10(3)(a)1.b.b. The child has been found to be eligible for the early intervention program for infants and toddlers with disabilities under 34 CFR 303, or has been referred for a special education evaluation under s. 115.777 (1), Stats.
PI 36.10(3)(a)2.2. A child who will not be 3 years old on or before the 3rd Friday in September may submit an application under the alternative application procedure when the child reaches the age of 3, has been evaluated under s. 115.78, Stats., and has been found eligible for special education.
PI 36.10(3)(b)(b) A nonresident school board that receives an application from a child who meets the criteria in par. (a) 1. may do one of the following:
PI 36.10(3)(b)1.1. Approve the application.
PI 36.10(3)(b)2.2. Deny the application. If the child is subsequently evaluated under s. 115.78, Stats., and found eligible for special education under subch. V of ch. 115, Stats., the board may review the IEP and approve the application.
PI 36.10(5)(5)Requirement to return to resident school district. If notice is provided under s. 118.51 (12), Stats., the pupil shall be immediately transferred to the resident school district, which shall provide special education to the pupil. If the nonresident and resident school boards agree, they may set a date in the future to transfer the pupil to the resident school district. The nonresident school board shall provide special education to the pupil until the pupil is transferred to the resident school district.
PI 36.10 HistoryHistory: CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; CR 16-019: r. (1), am. (2) (a) 1. (intro.), 2., r. (4) Register July 2016 No. 727, eff. 8-1-16; correction in (2) (b) 2., (5) made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727.
PI 36.11PI 36.11Virtual charter schools.
PI 36.11(1)(1)Location of school attendance.
PI 36.11(1)(a)(a) Except as provided in par. (b), attendance within a school district means the pupil physically attends a school or program located within the physical boundaries of the nonresident school district.
PI 36.11(1)(b)(b) A pupil attending a virtual charter school is considered to be attending a school located within the nonresident school district as specified in s. 118.40 (8) (a), Stats., regardless of the physical location of any component of the virtual charter school or of the pupil.
PI 36.11(1)(c)(c) A pupil participating in an online course or program that is not offered through a virtual charter school is not considered to be attending a school located within the nonresident school district, unless the pupil is in physical attendance as described in par. (a).
PI 36.11(2)(2)Identification of virtual charter schools and open enrollment payments.
PI 36.11(2)(a)(a) Prior to enrolling any pupils through the full-time open enrollment program, each virtual charter school shall submit the following to the department:
PI 36.11(2)(a)1.1. The contract between the school board and the virtual charter school that identifies the charter school as a virtual charter school.
PI 36.11(2)(a)2.2. Assurance that the virtual charter school meets all of the requirements of s. 118.40 (8), Stats.
PI 36.11(2)(b)(b) The department may not transfer any state aids under s. 118.51 (16) (b), Stats., until the information required in par. (a) has been provided and the department has determined that the charter school is a virtual charter school that meets the requirements of s. 118.40 (8), Stats. The department, as it determines is appropriate, may require additional information or assurances or it may conduct an audit to ensure that open enrollment payments are properly made.
PI 36.11 HistoryHistory: CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14.
PI 36.12PI 36.12Confidentiality of pupil records.
PI 36.12(1)(1)During the application process.
PI 36.12(1)(a)(a) The following pupil records shall be provided to the nonresident school board by the resident school board during the application process.
PI 36.12(1)(a)1.1. The most recent IEP.
PI 36.12(1)(a)2.2. The most recent special education evaluation, if an IEP is not available.
PI 36.12(1)(a)3.3. Information that the pupil has been referred to his or her resident school board under s. 115.777 (1), Stats., or identified by his or her resident school board under s. 115.77 (1m) (a), Stats.
PI 36.12(1)(a)4.4. Any expulsion findings and orders pertaining to the pupil, 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.
PI 36.12(1)(c)(c) In considering an alternative application, the nonresident school board may not request and a public school board may not provide any pupil records from any public school district or private school without written consent from the pupil’s parent, except records described in par. (a). The nonresident school board may not deny an alternative application based on a parent’s refusal to consent to release of additional records.