Public School Open Enrollment-Other Statutes Relating to Public School Open Enrollment

Unofficial text. Official text of statutes is contained in the statutes published by the Wisconsin Reviser of Statutes Bureau.

OTHER WISCONSIN STATUTES THAT RELATE TO PUBLIC SCHOOL OPEN ENROLLMENT AND TUITION WAIVERS, INCLUDING AMENDMENTS MADE IN 1999 WISCONSIN ACT 117

Requires the Legislative Audit Bureau to conduct a performance evaluation of the program:

13.94 Legislative audit bureau.

(11) OPEN ENROLLMENT. By July 1, 2002, the legislative audit bureau shall conduct a performance evaluation audit of the full-time open enrollment program under s. 118.51. The audit shall evaluate the effects of the program on the quality of elementary and secondary education in this state, including all of the following:

(a) The extent to which the program has resulted in the creation of new or innovative programs by school districts.

(b) The satisfaction of participating and nonparticipating pupils and parents with the program.

(c) The fiscal effect of the program on school districts.

(d) The socioeconomic effect of the program on school districts.

(e) Other issues affecting the quality of education.

Requires school districts to provide information about pupils enrolled in the part-time public school open enrollment program as part of the school performance report:

115.38 School performance report; educational program review. (1) The state superintendent shall develop a school and school district performance report for use by school districts under sub. (2). The report shall include all of the following by school and by school district:

(d) The number and percentage of resident pupils attending a course in a nonresident school district under s. 118.52, the number of nonresident pupils attending a course in the school district under s. 118.52, and the courses taken by those pupils.

Provides that the resident school district counts in membership, for state aid and revenue limits, pupils enrolled in non-resident school districts under full-time public school open enrollment:

121.05 Budget and membership report. (1) The school district clerk shall include, as part of the annual school district report under s. 120.18:

(a) The average of the number of pupils enrolled on the 3rd Friday of September and the 2nd Friday of January of the previous school year, including:

11. Pupils residing in the school district but attending a public school in another school district under s. 118.51 or 121.84 (4).

Subchapter VII of Chapter 121, Revenue Limits

121.90 Definitions.

(1) "Number of pupils enrolled" means the number of pupils enrolled on the 3rd Friday of September including pupils identified in s. 121.05 (1) (a) 1. to 11., except that "number of pupils enrolled" excludes the number of pupils attending public school under s. 118.145 (4) and except as follows:

Permits a school board to elect to provide transportation and provides that a non-resident school district that provides transportation may receive state transportation aid:

121.54 Transportation by school districts.

(10) FULL-TIME OPEN ENROLLMENT ATTENDANCE IN NONRESIDENT SCHOOL DISTRICT. Subject to s. 118.51 (14) (a) 2., a school board may elect to provide transportation, including transportation to and from summer classes, for nonresident pupils who are attending public school in the school district under s. 118.51 or 121.84 (4), or its resident pupils who are attending public school in another school district under s. 118.51or 121.84 (4), or both, except that a school board may not provide transportation under this subsection for a nonresident pupil to or from a location within the boundaries of the school district in which the pupil resides.

121.58 State aid.

(2) STATE AID FOR TRANSPORTATION. (a) A school district which provides transportation to and from a school under ss. 121.54 (1) to (3), (5) and (6) and 121.57, and the nonresident school district that a pupil attends under s. 118.51 or 121.84 (4) which elects to provide transportation under s. 121.54 (10), shall be paid state aid for such transportation at the rate of $30 per school year per pupil so transported whose residence is at least 2 miles and not more than 5 miles from the school attended, $45 per school year per pupil so transported whose residence is at least 5 miles and not more than 8 miles from the school attended, $60 per school year per pupil so transported whose residence is at least 8 miles and not more than 12 miles from the school attended, $68 per school year per pupil so transported whose residence is at least 12 miles and not more than 15 miles from the school attended, $75 per school year per pupil so transported whose residence is at least 15 miles and not more than 18 miles from the school attended, and $85 per school year per pupil so transported whose residence is more than 18 miles from the school attended. Such state aid shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under ss. 121.54 (1) to (3), (5) and, (6) and (10) and 121.57 or which wilfully or negligently fails to transport all pupils for whom transportation is required under s. 121.54.

(4) STATE AID FOR SUMMER CLASS TRANSPORTATION.

Annually on or before October 1 of the year in which transportation is provided under s. 121.54 (4), or under s. 121.54 (10) if the transportation is provided by the nonresident school district that a pupil attends under s. 118.51 or 121.84 (4), the school district clerk shall file with the department a report, containing such information as the department requires, on transportation provided by the school board to and from summer classes. Upon receipt of such report and if the summer classes meet the requirements of s. 121.14 (1), state aid shall be paid for such transportation. A school district which provides such transportation shall be paid state aid for such transportation at the rate of $4 per pupil transported to and from public school whose residence is at least 2 miles and not more than 5 miles by the nearest traveled route from the public school attended, and $6 per pupil transported to and from public school whose residence is more than 5 miles by the nearest traveled route from the public school attended, if the pupil is transported 30 days or more. The state aid shall be reduced proportionately if the pupil is transported less than 30 days.

Provides that pupils attending a nonresident school district under full-time public school open enrollment are treated as residents of the nonresident school district for the purposes of participation in CCDEB and CESA programs:

121.77 Admission of nonresident pupils.

(1) (a) Every elementary school and high school shall be free to all pupils who reside in the school district.

(b) If facilities are adequate, a school board, board of control of a cooperative educational service agency or county children with disabilities education board may admit nonresident pupils who meet its entrance requirements. Nonresident pupils shall have all of the rights and privileges of resident pupils and shall be subject to the same rules and regulations as resident pupils. The agency of service shall charge tuition for each nonresident pupil.

Note: amended by 1997 Wisconsin Act 164

(2) Annually on or before September 1, the clerk or secretary of the agency of service shall file:

(a) A tuition claim for each nonresident pupil or adult for whom services were provided under this subchapter during the preceding school year. The claim shall be filed with the school district clerk under s. 121.78, the state superintendent under s. 121.79, the county clerk under s. 121.80, the pupil's parent or guardian under s. 121.81 or the adult under s. 121.82. Credit shall be given for prepayments.

(b) A certified copy of each tuition claim under par. (a) with the department state superintendent.

(3) Subsections (1) (b) and (2) do not apply to a pupil attending a public school in a nonresident school district under s. 118.51 or 121.84 (4).

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

Last updated on 2/26/2008 2:59:31 PM