Public School Open Enrollment

Open Enrollment vs. Parent-Paid Tuition

DPI INFORMATIONAL BULLETIN
Bulletin 98-02, February 1998

In the implementation of the public school open enrollment program in Wisconsin, a number of questions have arisen relating to parent-paid tuition. While open enrollment did not eliminate the possibility of parent-paid tuition in Wisconsin, it does raise a number of questions about when it is or is not appropriate.

Legislative history of the open enrollment bill argues that open enrollment was intended to cause parent-paid tuition to be the exception rather than the rule. Further, the statutes require a school district to accept a student if it has space. Finally, it is clear that the statutes require that students already attending school in a nonresident district (including students whose parents are paying tuition) are to receive preference as applications are considered.

With these assumptions, the following questions and answers are offered as guidelines:

1. If a school district denies a parent's application under open enrollment, may it enroll the student if the parent offers to pay tuition?

Generally, no. The statutes require the nonresident school district to accept the student under open enrollment if there is space in the district. The school district may not set aside "tuition spaces" except for students whose tuition is paid by other school districts.

If the school district has denied applications under open enrollment and later discovers that it has unanticipated space (for example, due to lower than anticipated resident enrollment or open enrollment students who were accepted and changed their minds), the district may accept tuition from parents. However, it is assumed that the parent would apply under open enrollment during the next application period and would receive preference as the district acts on applications. School administrators should be aware that a pattern of denying students under open enrollment and then making space available under tuition at a later date may be raised by a parent as evidence in later appeals.

2. May a school district allow a parent who did not apply during the application period to pay tuition?

Yes. Again, however, the school district should not make space available that was denied to a student under open enrollment and it is again assumed that the parent would apply for open enrollment in the next application period.

3. May a school district allow a parent to pay tuition rather than having to be in the pool for random selection?

No. The statutes require that open enrollment applicants be accepted if space is available. Only tuition agreements between school districts may be considered in determining space availability. Space may not be granted to tuition-paying parents before considering open enrollment applications.

4. If a parent is currently paying tuition for a student to attend a public school, may the school district require the parent to continue to pay tuition rather than apply under open enrollment?

No. A district may never tell a parent that her/his application will not be accepted under open enrollment but must, instead, pay tuition.

5. If a parent is currently paying tuition for a student to attend a public school, may the school district allow the parent to continue to pay tuition rather than apply under open enrollment?

No. A district may never accept tuition from a parent in lieu of the parent applying under open enrollment.

6. If a school district currently has space, but is concerned that it may not have space in the future (as is required if the district accepts the student under open enrollment), may it allow a parent to pay tuition on an annual basis, with the understanding that the school district can deny continued enrollment in subsequent years if it is decided that the district doesn't have space?

No. A district may never tell a parent that her/his application will not be accepted under open enrollment but must, instead, pay tuition.

7. If a student is accepted by a nonresident district, but denied by the resident district, may the parent offer to pay tuition to the nonresident district?

Yes. It is again assumed that the parent will apply under open enrollment the following school year and will receive preference by both the resident and nonresident school districts.

8. If a student needing special education is accepted by a nonresident school district, but denied by the resident district because of "undue financial burden," may the parent offer to pay the difference between the resident school district's cost and the tuition cost that must be paid to the nonresident district?

No. There is no provision in state law for partial payment of tuition by parents. The parent must either pay the full tuition cost to the nonresident school district or the child must receive her or his special education in the resident school district.

For questions about this information, contact Mary J. Cleaver (608) 267-9101

Last updated on 2/26/2008 2:29:24 PM