Children with disabilities can and do participate in open enrollment. A pupil may not be denied open enrollment because the pupil is a child with a disability or based on the category of the disability.
However, any open enrollment application may be denied if the nonresident school district does not have space for the pupil. For a child with a disability, this includes availability of and space in the special education and related services required in the pupil’s individualized education program (IEP).
Information about open enrollment for children with disabilities:
- Bulletin 16-05 Special Education and Open Enrollment
- Bulletin 16-06 Procedures for Acting on Open Enrollment Applications
- Making Special Education Decisions
- Transportation for Students with Disabilities
The nonresident school district is the local educational agency (LEA) responsible to provide a free, appropriate public education to children with disabilities attending the school district under open enrollment.
If a pupil attending a nonresident school district is suspected of having a disability, the referral for a special education evaluation may be made to either the resident or the nonresident school district. The nonresident school district must convene an IEP team. The resident school district must appoint a member to the IEP team. The resident school district representative is required to attend IEP team meetings unless the representative has been excused in writing.
If an IEP is developed or revised for the pupil, the nonresident school district may consider whether it has the special education and related services for the pupil. If no, the nonresident school district may notify the parent and the resident school district that the pupil must return to the resident school district. If the nonresident school district does have the special education and related services, the nonresident school district must offer a placement to the parent.
If the nonresident school district notifies the parent that the pupil must return to the resident school district, the parent may file an appeal with the DPI within 30 days of receipt of the notice to return.