From: DPI Open Enrollment Sent: Monday, December 17, 2018 9:40 AM To: Danfield, Jennifer L. DPI Subject: OE Alternative Application Emergency Rule To – District Administrators and Open Enrollment Coordinators From – Jen Danfield, Open Enrollment Consultant Subject – OE Alternative Application Emergency Rule Based on feedback from school districts and others, the department recently issued revisions to Wis. Admin. Code § PI 36. The emergency rule clarifies Chapter PI 36 of the Wisconsin Administrative Code, specifically as it relates to alternative applications under the open enrollment program. The emergency rule allows school districts to approve alternative applications for the current school year from January to July in grades or special education services that do not have space limitations in the succeeding grade or service for the following school year. The emergency rule with these revisions was effective on December 14, 2018. You will be able to review the emergency rule and a plain language analysis of the emergency rule on the Wisconsin State Legislature website at http://docs.legis.wisconsin.gov/code/emergency_rules/all/emr1832. The department will have a hearing to accept public testimony on the PI 36 changes in the emergency rule and proposed permanent rule in the near future. Additional information on the hearing can be accessed at https://dpi.wi.gov/policy-budget/administrative-rules/chapter once it becomes available. Please note that the purpose of this hearing is to accept public testimony only. With the emergency rule in place, a nonresident school board may now approve an alternative application submitted after the January school board meeting for a current school year if the board did not limit the number of spaces available in the pupil’s succeeding grade or special education service for applications submitted under the regular application procedure for the following school year [Wis. Admin. Code § PI 36.04(7)]. Before this change, if a nonresident school board limited the number of regular education or special education spaces available for the regular application period open enrollment application for the following school year at their January board meeting, the school district could not approve any alternative applications for the current school year that were submitted after that meeting. This change makes the administrative rules consistent with the provision that allows nonresident school boards to approve alternative application for the current school year from July 1 to the 3rd Friday in September in the grades or special education services that do not have space limitations established by the school board for the following school year. For example, if a nonresident school board limits the number of regular education spaces available in 3rd grade for the 2019-20 school year, between the January board meeting and July, the nonresident district cannot approve any alternative applications for 2nd grade for the 2018- 19 school year that are submitted after the January board meeting in which the space limitations were set and approved by the nonresident school board. Jen Danfield School Administration Consultant Public School Open Enrollment Department of Public Instruction 608-264-6707 or 888-245-2732, option 2, then 3 Jennifer.Danfield@dpi.wi.gov DISCLAIMER: The content of this email is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain legal advice, including compliance with state and federal laws and regulations.