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SB789,5,2423 1. Adopt a motion specifying that the educational institution will participate
24in the program under this section in the following school year.
SB789,6,5
12. Adopt a written policy specifying the acceptance and rejection criteria
2described in subs. (5) and (6) that the educational institution will implement for the
3following school year and whether the governing body will delegate any of its duties
4under this section to the administrator, as defined in s. 118.60 (1) (ad), of the
5educational institution.
SB789,6,116 3. Publish and post on its Internet site, if applicable, that the educational
7institution will participate in the program under this section and, no later than 8
8weeks before the date on which a course will begin, post a description of the course
9that will be available to pupils applying under sub. (3). The governing body of the
10educational institution shall maintain and update the description of available
11courses throughout the school year.
SB789,6,1512 (b) If an educational institution under sub. (1) (ad) 4. or 5. does not participate
13in the program under this section, sub. (2) does not apply to a pupil attending the
14educational institution or to a pupil attending another educational institution who
15wishes to attend a course offered by the educational institution under this section.
SB789,11 16Section 11. 118.52 (3) (a) of the statutes is amended to read:
SB789,7,717 118.52 (3) (a) The parent of a pupil who wishes to attend public school in a
18nonresident school district
an educational institution for the purpose of taking a
19course under this section shall submit an application, on a form provided by the
20department, to the school board of the nonresident school district in governing body
21of the educational institution at
which the pupil wishes to attend a course not later
22than 6 weeks prior to the date on which the course is scheduled to commence. The
23application shall specify the course that the pupil wishes to attend and may specify
24the school or schools location at which the pupil wishes to attend the course. The
25nonresident school board governing body of an educational institution that receives

1an application under this paragraph
shall send a copy of the application to the pupil's
2resident school board, except that if the pupil is attending a school in a school district
3other than the pupil's resident school district pursuant to a whole grade sharing
4agreement under s. 118.50, the nonresident school district to which the pupil applies
5under this section shall send a copy of the application to the school board of the
6district in which the pupil is attending school pursuant to the whole grade sharing
7agreement
full-time educational institution.
SB789,12 8Section 12. 118.52 (3) (b) of the statutes is amended to read:
SB789,7,129 118.52 (3) (b) If a nonresident school board the governing body of an
10educational institution
receives more applications for a particular course than there
11are spaces available in the course, the nonresident school board governing body of
12the educational institution
shall determine which pupils to accept on a random basis.
SB789,13 13Section 13. 118.52 (3) (c) of the statutes is amended to read:
SB789,8,614 118.52 (3) (c) No later than one week 4 weeks prior to the date on which the
15course is scheduled to commence, the nonresident school board governing body of the
16educational institution
shall notify the applicant and the resident school board
17governing body of the applicant's full-time educational institution, in writing,
18whether the application has been accepted and, if the application is accepted, the
19school location at which the pupil may attend the course. If the applicant pupil is
20attending a school in a school district other than the pupil's resident school district
21pursuant to a whole grade sharing agreement under s. 118.50, the school board of the
22district to which the pupil applies under this section shall provide the notice required
23under this paragraph to the school board of the district in which the pupil is
24attending school pursuant to the whole grade sharing agreement.
If the application
25is accepted, the governing body of the educational institution shall also notify the

1governing body of the applicant's full-time educational institution, in writing, of the
2estimated cost of the course.
The acceptance applies only for the following semester,
3school year, or other session in which the course is offered. If the school board of the
4district
governing body of the educational institution to which the pupil applies
5under this section rejects an application, it the governing body shall include in the
6notice the reason for the rejection.
SB789,14 7Section 14. 118.52 (3) (d) of the statutes is repealed.
SB789,15 8Section 15. 118.52 (3) (e) of the statutes is amended to read:
SB789,8,189 118.52 (3) (e) Following receipt of a notice of acceptance but prior to 2 weeks
10before
the date on which the course is scheduled to commence, the pupil's parent
11shall notify the resident school board, or, if the pupil is attending school in a school
12district other than the pupil's resident school district pursuant to a whole grade
13sharing agreement under s. 118.50, the school board of the district in which the pupil
14is attending school,
governing body of the pupil's full-time educational institution
15and the school board of the district to governing body of the educational institution
16providing the course for
which the pupil applies under this section of the pupil's
17intent to attend the course in the school district to which the pupil applies under this
18section
.
SB789,16 19Section 16. 118.52 (4) of the statutes is renumbered 118.52 (2p) and amended
20to read:
SB789,8,2521 118.52 (2p) Adoption of policies and criteria; school boards and charter
22schools
. By February 1, 1998, Annually, by June 1, each school board and governing
23board of a charter school
shall adopt a resolution specifying the criteria and policies
24described in subs. (5) and (6). If the school board or governing board of a charter
25school
wishes to revise the criteria or policies, it shall do so by resolution.
SB789,17
1Section 17. 118.52 (5) of the statutes is amended to read:
SB789,9,102 118.52 (5) Nonresident school district Governing bodies of educational
3institutions;
acceptance and rejection criteria. School board A governing body's
4policies and criteria for accepting and rejecting applications under sub. (3) from
5pupils who reside in another school district are enrolled in or attend a different
6educational institution
shall be the same as the policies and criteria for entry into
7the course that apply to pupils who reside in the school district, except that the school
8board may give preference in attendance in a course to residents of the school district
9are enrolled in or attend on a full-time basis the educational institution governed by
10the governing body
.
SB789,18 11Section 18. 118.52 (6) of the statutes is amended to read:
SB789,9,2212 118.52 (6) Resident school district rejection Rejection criteria; full-time
13educational institution
. (a) Individualized education program requirements. The
14school board of a
A pupil's resident school district, or, if the pupil is attending school
15in a school district other than the pupil's resident school district pursuant to a whole
16grade sharing agreement under s. 118.50, the school board of the district in which
17the pupil is attending school,
board shall reject a pupil's application to attend a
18course in a public school in a nonresident school district offered by an educational
19institution
under this section if the resident school board or the school board of the
20district in which the pupil is attending school, respectively,
determines that the
21course conflicts with the individualized education program for the pupil under s.
22115.787 (2).
SB789,9,2523 (b) Undue financial burden. The school board of a governing body of a pupil's
24resident school district full-time educational institution may reject an the pupil's
25application to attend a course in a public school in a nonresident school district

1offered by another educational institution under this section if the cost of the course
2would impose upon the resident school district full-time educational institution an
3undue financial burden in light of the resident school district's full-time educational
4institution's
total economic circumstances, including its revenue limit under subch.
5VII of ch. 121,
its ability to pay tuition costs for the pupil, and the per pupil cost for
6children continuing to be served by the resident school district it, and if applicable,
7its revenue limit under subch. VII of ch. 121
.
SB789,19 8Section 19. 118.52 (8) of the statutes is amended to read:
SB789,10,159 118.52 (8) Appeal of rejection. If an application is rejected under sub. (3) (c)
10or a pupil is prohibited from attending a course in a public school in a nonresident
11school district
at an educational institution under sub. (6), the pupil's parent may
12appeal the decision to the department within 30 days after the decision. The
13department shall affirm the decision unless the department finds that the decision
14was arbitrary or unreasonable. The department's decision is final and is not subject
15to judicial review under subch. III of ch. 227.
SB789,20 16Section 20. 118.52 (9) of the statutes is amended to read:
SB789,10,2217 118.52 (9) Rights and privileges of nonresident pupils. A pupil attending a
18course in a public school in a nonresident school district offered by an educational
19institution
under this section has all of the rights and privileges of pupils residing
20in that school district
attending the educational institution on a full-time basis and
21is subject to the same rules and regulations as pupils residing in that school district
22attending the educational institution on a full-time basis.
SB789,21 23Section 21. 118.52 (10) of the statutes is amended to read:
SB789,11,624 118.52 (10) Notwithstanding s. 118.125, the resident school board governing
25body of an educational institution
shall provide to the nonresident school board

1governing body of the educational institution to which a pupil has applied under this
2section, upon request by that school board governing body, a copy of any expulsion
3findings and orders, a copy of records of any pending disciplinary proceeding
4involving the pupil, a written explanation of the reasons for the expulsion or pending
5disciplinary proceeding, and the length of the term of the expulsion or the possible
6outcomes of the pending disciplinary proceeding.
SB789,22 7Section 22. 118.52 (11) of the statutes is amended to read:
SB789,11,118 118.52 (11) Transportation. (a) Responsibility. The parent of a pupil
9attending a course in a public school in a nonresident school district offered by an
10educational institution
under this section is responsible for transporting the pupil
11to and from the course that the pupil is attending.
SB789,11,2412 (b) Low-income assistance Assistance; low-income or rural community. The
13parent of a pupil who is attending a course in a public school in a nonresident school
14district
offered by an educational institution under this section may apply to the
15department for reimbursement of the costs incurred by the parent for the
16transportation of the pupil to and from the pupil's residence or school in which the
17pupil is enrolled
full-time educational institution and the school educational
18institution
at which the pupil is attending the course if the pupil and parent are
19unable to pay the cost of such transportation. The department shall determine the
20reimbursement amount and shall pay the amount from the appropriation under s.
2120.255 (2) (cy). The department shall give preference under this paragraph to those
22pupils who satisfy the income eligibility criteria for a free or reduced-price lunch
23under 42 USC 1758 (b) (1) and to those pupils who attend a full-time educational
24institution in a rural community
.
SB789,23 25Section 23. 118.52 (12) of the statutes is amended to read:
SB789,12,10
1118.52 (12) Tuition. The resident school board governing body of a pupil's
2full-time educational institution
shall pay to the nonresident school board, for each
3governing body of the educational institution offering the course the pupil attending
4a course in a public school in the nonresident school district
attends under this
5section, an amount equal to the cost of providing the course to the pupil, calculated
6in a manner
as determined by the department. The governing body of the
7educational institution offering the course the pupil attends under this section may
8not charge or receive from the pupil or the governing body of the pupil's full-time
9educational institution any additional payment for the pupil attending the course
10under this section.
SB789,24 11Section 24. 118.52 (13) of the statutes is created to read:
SB789,12,1812 118.52 (13) Program publicity. The department shall include on its Internet
13site information on the program under this section, including the Internet site, if any,
14of each school board, charter school established under s. 118.40 (2r) or (2x), and
15educational institution under sub. (1) (ad) 4. and 5. that is participating in the
16program under this section. The department shall maintain this information on its
17Internet site so that the information is current and accurate throughout the school
18year.
SB789,25 19Section 25. 118.57 (1) of the statutes is amended to read:
SB789,13,220 118.57 (1) Annually, by January 31, each school board shall publish as a class
211 notice, under ch. 985, and post on its Internet site a description of the educational
22options available to children in the school district, including public schools, private
23schools participating in a parental choice program, charter schools, virtual schools,

1full-time or part-time open enrollment in a nonresident school district, the course
2choice program,
and the early college credit program.
SB789,13,33 (End)
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