This notification contains information for school districts planning to open a new virtual charter school in the 2025-26 school year (or planning significant changes to an existing virtual charter school) and the required steps for the new school to be listed on the 2025-26 open enrollment application.
Under Wisconsin statutes, open enrolled students must attend a school located in the nonresident school district. In 2007, the Wisconsin Court of Appeals affirmed that “located” means the school must be within the physical boundaries of the school district (Johnson v. Burmaster, 2008 WI App 4, 307 Wis. 2d 213). The next year, the legislature enacted a law that defines a virtual charter school, specifies that a virtual charter school is located in the authorizing school district, and requires that a virtual charter school meet certain provisions that are not required of non-virtual charter schools (2007 Wisconsin Act 222).
The effect of the state statutes and the Appeals Court decision is to require all open enrolled students, except those enrolled in virtual charter schools, to physically attend school on a regular basis in a school located in the nonresident school district on the days that school is in session. Only students open enrolled in virtual charter schools, that meet the statutory definition and virtual charter school requirements, are excused from regular physical attendance at a school located in the nonresident school district.
It is important we properly administer the open enrollment application process and make accurate open enrollment payments. Therefore, we are requesting virtual charter school administrators to identify a school as a virtual charter school that meets the current statutory definition and statutory requirements. Unless the school is so identified, the school will not be listed on the open enrollment application as a virtual charter school and no open enrollment payments may be made to a school district for a student’s assignment to a school that does not require regular physical attendance in the school district.
This linked form is to be signed by the school district administrator and the Governance Board President of any new virtual charter school or virtual charter school that has undergone significant changes (including changes to grade level). If the form is received by the department on or before January 31, 2025, the virtual charter school will be listed on the open enrollment application for the 2025-26 school year (the application period is February 3 through April 30, 2025). This form does not need to be resubmitted for existing virtual charter schools that have not had significant changes since the last assurances were filed with the department.
The following are some questions and answers concerning this topic:
A-2. No, there is no statutory requirement that a school identify itself as a virtual charter school. However, it may not then accept open enrolled students unless it requires students to regularly physically attend within the geographic boundaries of the district.
A-3. School districts must accept students for whom they have space in the district. School boards are authorized to assign open enrolled students to schools within the district. The charter school contract may include provisions concerning the assignment of open enrolled students to the charter school.
A-4. This identification is only requested of virtual charter schools that intend to accept students under open enrollment.
A-5. No. A district can offer programming which combines in-person and virtual instruction (hybrid model) to open enrolled students. However, if the district wants to offer a fully-virtual option, the school must either require open enrolled students to physically attend school within the school district during the days and hours that school is in session or create a virtual charter school.
A-6. No. However, if the school is not identified as a virtual charter school by January 31, 2025, it will not be listed as a virtual charter school on the open enrollment application and students will not be able to request the school during the regular application period. Once the school provides the information to the department, the district may place approved open enrolled students at the school.
A-7. Once a school has identified itself as a virtual charter school, it will not be asked to do so annually.
If you have any additional questions concerning this information for virtual charter schools, please contact Cassi Benedict at charterschools@dpi.wi.gov. For questions related to the open enrollment process, please contact DPI.openenrollment@dpi.wi.gov.
Relevant Citations: Wis. Stats. § 115.001 (16), 118.40 (8), 118.51 (2), 121.02 (1) (a), 121.02 (1) (f), Johnson et al v. Burmaster 2008 WI APP 4, December 5, 2007