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Public School Open Enrollment-the Basics



1997 Wisconsin Act 27 creates the first statewide inter-district open enrollment program in Wisconsin. The Act creates two programs: a full-time inter-district open enrollment program and a part-time inter-district open enrollment program.

School districts, Cooperative Educational Service Agencies (CESAs) and the Department of Public Instruction are working to get policies, forms and procedures in place that will ensure that this new program can be implemented smoothly and on schedule. Following is a basic description of the program.

For more information, contact Mary Jo Cleaver (maryjo.cleaver@dpi.wi.gov), Open Enrollment Consultant, Department of Public Instruction, (608) 267-9101, or toll free at 1-888-245-2732, at the prompts press 2, then 3.

FULL-TIME INTER-DISTRICT OPEN ENROLLMENT
Beginning in the 1998-99 school year, students in grades kindergarten to 12 may attend any public school in the state, if space is available. Students may attend prekindergarten or early childhood programs only if the student's resident school district also provides such a program and if the student is eligible for the program.

Between February 6 and February 24, 2006, parents must submit their applications to the school districts they wish their children to attend in the 2006-2007 school year. Parents may request enrollment in a specific school or program (although acceptance into the specific school or program is not guaranteed). Low-income parents who wish to apply for reimbursement of transportation costs must apply for this assistance at this time.

Acceptance/Rejection:
On or before April 7, 2006, both the non-resident school district to which the parent has applied and the resident school district must notify the parent if the application has been accepted or rejected. By May 12, 2006, the non-resident school district must notify the accepted applicant of the school or program the student will be assigned to. Also by May 12, the DPI must provide to low-income parents an estimate of the amount of transportation reimbursement they will receive. By June 9, 2006, the pupil's parent must notify the nonresident school board of the pupil's intent to attend school in that school district in the following school year.

A non-resident school district may reject an application only for the following reasons, as specified in the school board policies:

  • If space is not available in the school, program, class or grade that the student would attend. If there are more applications than are spaces, the school district must accept or reject applications on a random basis, except that the school board must give preference to students who are already attending school in the non-resident district, and their siblings.
  • If the student has been expelled during the current or two preceding school years (or whether disciplinary proceedings are pending) for certain violent offenses.
  • If the student has not yet been screened for possible exceptional educational needs or if the student has been referred for a multi-disciplinary team (M-team) evaluation but has not yet been evaluated.
  • For districts participating in the chapter 220 integration transfer program, if accepting the student would increase racial imbalance in the school district.
A resident school district may reject a student's application to attend a non-resident district only for the following reasons, as specified in the school board policies:
  • If a student's special education program, required by the individualized education program and as proposed to be carried by the non-resident district, would impose an undue financial burden on the school district.
  • For districts participating in the chapter 220 integration transfer program, if allowing the student to transfer out of the district would increase racial imbalance in the school district.
If an application is rejected by either the resident or non-resident district, the parent may appeal the rejection to the state superintendent of public instruction within 30 days. The state superintendent is required to uphold the school board's decision unless that decision is found to be arbitrary or unreasonable.

Continuing Enrollment:

Once a student is accepted into a non-resident school district the student may continue to attend the non-resident school district in subsequent years, with three exceptions:

  • The non-resident school district may require students to reapply, one time only, at the beginning of middle school, junior high school or high school.
  • If a child with an exceptional educational need has a newly-created or revised individualized education program that requires a special education program or service that is not available in the non-resident district or for which no space is available, the student may be required to return to the resident district.
  • If a child with an exceptional educational need has a newly-created or revised individualized education program that requires a special education program or service the cost of which imposes an undue financial burden on the resident school district, the student may be required to return to the resident district.
The student may re-enroll in her or his resident district at any time upon notifying both school districts.

Responsibilities for Children with Exceptional Educational Needs:
The resident school district is responsible for screening children to determine if they may have an exceptional educational need (EEN). The non-resident school district is responsible for the multi-disciplinary team (M-team) and development of the individualized education program (IEP) in collaboration with appropriate personnel designated by the resident school district. The non-resident district is responsible for providing an educational placement for the child. The resident school board is, generally, responsible for ensuring that procedural safeguards are provided.

Rights and Responsibilities of Students:
A student attending a non-resident school district has all the rights and privileges of resident students and is subject to the same rules and regulations as resident students. (For inter-scholastic athletics, this means that Wisconsin Inter-Scholastic Athletic Association rules apply.)

Tuition and Revenue Limits:
For regular education students, a uniform "student transfer cost" is determined by the DPI. A school district's state aid is increased or reduced by the net transfers times the student transfer cost. For the 2005-2006 school year, this amount is estimated to be $5,745. (Example: If a district had 3 students transfer in and 2 students transfer out, the district's state aid would be increased by $5,745. A district that had 2 students transfer in and 3 students transfer out would have its state aid decreased by $5,745).

For special education students, the resident school district must pay the cost of the special education program and related services to the non-resident school district.

Neither the aid adjustment nor the special education tuition is included in calculating a school district's revenue limits. That is, a school district that receives an increase in aid or a payment from another district is not required to reduce its levy; a school district that experiences a decrease in aid or makes a payment to another district may not increase its levy.

Transportation:
The parent is responsible for transporting the student to and from school in the non-resident school district. (If the IEP for a child with EEN requires special transportation, the non-resident district must provide the special transportation.)

Parents whose children are eligible for free or reduced-price meals under the federal school lunch program may apply to the DPI for reimbursement of transportation costs.

Either a non-resident or resident school district may provide transportation in any manner currently permitted in the statutes, but a non-resident school district may not pick up or drop off students within the boundaries of the student's resident district. The non-resident school district may receive state categorical aid if it provides transportation.

School Board Policies:
By the end of December, 1997, school boards must have adopted policies relating to acceptance and rejection criteria, re-application requirements, resident transfer limitations, racial balance (for chapter 220 school districts) and transportation.

PART-TIME INTER-DISTRICT OPEN ENROLLMENT
Beginning in the 1998-99 school year, a high school student may take up to two courses at a time in a non-resident school district.

Application:
The student must apply no later than 6 weeks prior to the scheduled start of the course.

Acceptance/Rejection:
No later than one week before the start of the course, the non-resident district must notify the student if the application is accepted or rejected and the resident district must notify the student if the application is denied or if the course does not meet the high school graduation requirements in the resident school district. Prior to the start of the course, the parent must notify both school districts if the student will attend.

A non-resident school district may reject an application only for the following reasons, as specified in the school board policies:

  • If space is not available in the course. If there are more applications than there are spaces, the school board must accept and reject applications on a random basis.
  • Policies and criteria for entry into the course must be the same as those that apply to resident students, except that preference may be given to resident students.
A resident school district may reject a student's application to take a course in a non-resident district only for the following reasons, as specified in the school board policies:
  • If the course conflicts with the individualized education program for a student with exceptional educational needs.
  • If the cost of the course would impose an undue financial burden on the resident school district.
If an application is rejected by either the resident or non-resident district, the parent may appeal the rejection to the state superintendent of public instruction within 30 days. The state superintendent must uphold the school board's decision unless that decision is found to be arbitrary or unreasonable. The decision of the state superintendent is final and is not subject to judicial review.

Tuition:
The resident school district must pay the cost of the course, calculated in a manner determined by the DPI, to the non-resident school district.

Transportation:
The parent is responsible for transporting the student to and from school in the non-resident school district.

Parents whose children are eligible for free or reduced-price meals under the federal school lunch program may apply to the DPI for reimbursement of transportation costs.

Either a non-resident or resident school district may provide transportation in any manner currently permitted in the statutes, but a non-resident school district may not pick up or drop off students within the boundaries of the student's resident district.

Miscellaneous:
A school board must permit a student who moves out of the district during a school year to complete the school year at the school the student was attending, even though the pupil is no longer a resident. If the student wishes to attend the school district in the following year, the student must apply under the open enrollment procedures.


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

Last updated on 2/26/2008 4:43:18 PM