The proposed rule will align DPI Administrative Code and practice with these provisions contained in Act 55.
Summary of, and comparison with, existing or proposed federal regulations: N/A
Comparison with rules in adjacent states: N/A
Summary of factual data and analytical methodologies:
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A
Anticipated costs incurred by private sector: N/A
Effect on small business:
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats. Agency contact person: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(608) 267-9127
Place where comments are to be submitted and deadline for submission:
Comments should be submitted to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at Carl.Bryan@dpi.wi.gov. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments. __________________________________________________________________________________________________
SECTION 1. PI 36.02 (5) and (6) are repealed.
SECTION 2. PI 36.02 (10) and (14) are amended to read:
(10) “Currently−attending pupil” means a pupil who is currently enrolled in a school district and is required to apply for open enrollment to remain in the district, and it includes an eighth grade pupil who is attending an underlying elementary school of a union high school district.
(14) “Guaranteed approval” means that a pupil is included by the nonresident school district in its count of occupied spaces and is therefore guaranteed approval to attend the nonresident school district.
SECTION 3. PI 36.02 (20m) is created to read:
(20m) “Open enrollment payment” means the amount calculated under s. 118.51 (16) (a) or (17) (b), Stats. SECTION 4. PI 36.02 (33) and (37) are repealed.
SECTION 5. PI 36.06 (4) (b) 2. is amended to read:
2. Except as provided in subd. 3., ifIf the resident school board has not notified the parent that an alternative application is denied on or before the 20th calendar day after the application was sub- mitted, the application shall be considered approved by the resident school board.
SECTION 6. PI 36.06 (4) (b) 3. and 4. are repealed.
SECTION 7. PI 36.06 (4) (c) is amended to read:
(c) If an application is denied by a nonresident or resident school board, or a parent is notified that a pupil is required to return to the resident school district under s. 118.51 (11) or (12) or (b) 2. , Stats., the notice of denial shall include the following: SECTION 8. PI 36.06 (4) (c) 4. is repealed.
SECTION 9. PI 36.07 (2) (c) is amended to read:
(c) Notwithstanding par. (b), if the parent intends to file an appeal of the resident school board’s denial under s. 118.51 (3m) (b) 8. or (d) 1., Stats., the pupil may attend the nonresident school district pending the outcome of the appeal. If the parent fails to file a timely appeal or if the department affirms the resident school board’s decision, the pupil shall cease attending the nonresident school district. SECTION 10. PI 36.07 (2) (d) is repealed.
SECTION 11. PI 36.07 (3) (b) is amended to read:
SECTION 12. PI 36.08 (2) (c) 1. and 2. are amended to read:
1. If the pupil was attending the nonresident school district under open enrollment on the 3rd Friday in September, the school district in which the pupil resided on the 3rd Friday in September in any school year shall be the resident school district for purposes of the full−time open enrollment program and shall be responsible for the basic and special education costsopen enrollment payment for the pupil for the remainder of that school year.
2. If the pupil first attended a nonresident school after the 3rd Friday in September, the school district in which the pupil resided when the pupil began attending the nonresident school district shall be the resident school district for purposes of the full−time open enrollment program and shall be responsible for the basic and special education costsopen enrollment payment for the pupil for the remainder of that school year.
SECTION 13. PI 36.08 (2) (d) is repealed.
SECTION 14. PI 36.08 (3) (a) 1. is renumbered PI 36.08 (3) (a).
SECTION 15. PI 36.08 (3) (a) 2. is repealed.
SECTION 16. PI 36.08 (3) (b) is amended to read:
(b) If the pupil attended the nonresident school district for less than a full school year under the full−time open enrollment program, the amount under s. 118.51 (16) or (17) (b), Stats., shall be equal to the basic open enrollment payment divided by 180 and multi- plied by the number of days the pupil was enrolled in the nonresident school district in the school year. The days of enrollment are calculated as follows: SECTION 17. PI 36.08 (3) (c) is created to read:
(c) If, during the school term, a pupil is found to no longer be receiving special education services in the nonresident school district, the open enrollment payment for the pupil shall be calculated as the sum of the following:
1. The amount under s. 118.51 (17), Stats., divided by 180 and multiplied by the number of day the pupil was receiving special education services in the nonresident district. 2. The amount under s. 118.51 (16), Stats., divided by 180 and multiplied by the number of days the pupil was not receiving special education services in the nonresident district. SECTION 18. PI 36.10 (1) is repealed.
SECTION 19. PI 36.10 (2) (a) 1. and 2. are amended to read:
