From: DPI Open Enrollment Sent: Wednesday, April 24, 2019 2:19 PM To: DPI Open Enrollment Subject: Records Request Reminder To – District Administrators and Open Enrollment Coordinators From – Kari Gensler Santistevan, Open Enrollment Consultant Subject –Records Request Reminder This is a reminder to school districts as to which pupil records can be requested when a pupil submits an open enrollment application to a nonresident district. Per Wis. Adm. Code § PI 36.12(1)(a), when a pupil applies for open enrollment, either by submitting an application during the regular application period or using the alternative application procedure, the following pupil records shall be provided to the nonresident school board by the resident school board during the application process: 1. The most recent IEP. 2. The most recent special education evaluation, if an IEP is not available. 3. Information that the pupil has been referred to his or her resident school board under Wis. Stat. § 115.777(1) or identified by his or her resident school board under Wis. Stat. § 115.777(1m)(a). 4. Any expulsion findings and orders pertaining to the pupil, records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding. If a pupil is not attending the resident district named on the application, the nonresident school board may request these records from the school district of attendance. Furthermore, Wis. Adm. Code § PI 36.12(1)(c) states: In considering an alternative application, the nonresident school board may not request and a public school board may not provide any pupil records from any public school district or private school without written consent from the pupil’s parent, except records described in [Wis. Admin. Code § PI 36.12(1)(a), special education and expulsion records]. The nonresident school board may not deny an alternative application based on a parent’s refusal to consent to release of additional records. Based on this provision, a nonresident district is prohibited from requesting and a resident district is prohibited from providing, any records from the pupil’s resident district or district of attendance (if it is not the resident district), in addition to those required/permitted in statute without the parent’s written consent. In addition, the nonresident district cannot deny a pupil’s application based on the parents’ refusal to provide the records. Language reflecting this has been added to the certification statement on the alternative open enrollment application. Kari Gensler Santistevan School Administration Consultant Public School Open Enrollment WI Department of Public Instruction (608) 267-9196 or (888) 245-2732, option 2, then 2 kari.genslersantistevan@dpi.wi.gov