Chapter PI 36

Chapter PI 36

PUBLIC SCHOOL INTER-DISTRICT OPEN ENROLLMENT

Subchapter I — General Provisions

PI 36.01   Authority and intent.

PI 36.02   Definitions.

PI 36.03   Applicability.

Subchapter II — School Board Policies and Designation of Spaces

PI 36.04   Nonresident school board.

PI 36.05   Resident school board.

Subchapter III — Full-time Open Enrollment

PI 36.06   Application and notification procedures.

PI 36.07   Alternative application procedures.

PI 36.08   Administrative and aid transfer procedures.

PI 36.09   Termination of open enrollment.

PI 36.10   Special education.

PI 36.11   Virtual charter schools.

PI 36.12   Confidentiality of pupil records.

Subchapter IV — Transportation and Appeals

PI 36.13   Transportation.

PI 36.14   Appeals.

Subchapter V — Part-Time Open Enrollment

PI 36.15   Definitions.

PI 36.16   Location of school attendance.

PI 36.17   Application and notification procedures.

PI 36.18   Transportation.

PI 36.19   Calculating cost of course.

Ch. PI 36 Note Note: This chapter was created as an emergency rule effective January 17, 1998. Subchapters I, II, and IV were repealed and recreated effective September 1, 2014.

subch. I of ch. PI 36 Subchapter I — General Provisions

PI 36.01 PI 36.01 Authority and intent.

PI 36.01(1) (1) This chapter is adopted under ss. 227.11 (2) (a) (intro.) and 118.51, Stats., and interprets ss. 118.40 (8), 118.51, and 121.05 (1) (a), Stats.

PI 36.01(2) (2) This chapter establishes procedures and requirements relating to applying for the full-time open enrollment program, including: timely notification to school boards, parents, and the department; accepting and rejecting applications; and filing and deciding appeals.

PI 36.01 History History: CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

PI 36.02 PI 36.02 Definitions. In subchs. I to IV:

PI 36.02(1) (1) “Alternative application” means an application submitted under the alternative application procedure.

PI 36.02(2) (2) “Alternative application procedure” means the application procedure for the parent of a pupil who wishes to attend a public school in a nonresident school district during the current school year, as prescribed under s. 118.51 (3m), Stats.

PI 36.02(3) (3) “Application” means a paper or Internet-based form developed by the department under s. 118.51 (15) (a), Stats., for the full-time open enrollment program.

PI 36.02(4) (4) “Approved by the resident school board” means the application either was approved by the resident school board or was not denied by the resident school board.

PI 36.02(7) (7) “Best interests of the pupil” means a pupil’s educational, physical, and emotional well-being, and includes family and other circumstances that affect the pupil’s educational, physical, or emotional well-being.

PI 36.02(8) (8) “Charter school” means a school under contract with a school board under s. 118.40, Stats.

PI 36.02(9) (9) “Child with a disability” has the meaning given in s. 115.76 (5), Stats.

PI 36.02(10) (10) “Currently-attending pupil” means a pupil who is currently enrolled in a school district, and it includes an eighth grade pupil who is attending an underlying elementary school of a union high school district.

PI 36.02(11) (11) “Department” means the Wisconsin department of public instruction.

PI 36.02(12) (12) “Free, appropriate public education” means special education and related services that are provided at public expense and under public supervision and direction, meet the standards of the department, include an appropriate preschool, elementary, or secondary school education and are provided in conformity with an individualized education program.

PI 36.02(13) (13) “Full-time open enrollment program” means the program under s. 118.51, Stats.

PI 36.02(14) (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.

PI 36.02(15) (15) “Habitual truant” has the meaning given in s. 118.16 (1) (a), Stats.

PI 36.02(16) (16) “Homeless pupil” means an individual who is included in the category of homeless children and youths, as defined in 42 USC 11434a (2).

PI 36.02(17) (17) “IEP” means an individualized education program developed under s. 115.787, Stats.

PI 36.02(18) (18) “Kindergarten” means 5-year-old kindergarten.

PI 36.02(19) (19) “Nonresident school board” means the school board of the nonresident school district.

PI 36.02(20) (20) “Nonresident school district” means a school district, other than a pupil’s resident school district, that the pupil is attending or has applied to attend under the full-time open enrollment program.

PI 36.02(21) (21) “Open enrollment” means a pupil’s participation in the full-time open enrollment program.

PI 36.02(21m) (21m) “Open enrollment payment” means the amount calculated under s. 118.51 (16) (a) or (17) (b), Stats.

PI 36.02(22) (22) “Parent” includes a guardian.

PI 36.02(23) (23) “Parental notification date” means the date by which a pupil’s parent is required under s. 118.51 (3) (a) 6., Stats., to notify the nonresident school board whether the pupil will attend the nonresident school district.

PI 36.02(24) (24) “Preference” means that an eligible pupil is considered by a nonresident school district for an available space before other pupils, but after pupils who are guaranteed approval.

PI 36.02(25) (25) “Regular application period” means the time period in which applications may be submitted under s. 118.51 (3), Stats., for the following school year.

PI 36.02(26) (26) “Regular application procedure” means the procedures provided under s. 118.51 (3), Stats.

PI 36.02(27) (27) “Resident school board” means the school board of a resident school district.

PI 36.02(28) (28) “Resident school district” means the school district in which a pupil resides.

PI 36.02(29) (29) “School term” has the meaning given in s. 115.001 (12), Stats.

PI 36.02(30) (30) “School year” has the meaning given in s. 115.001 (13), Stats.

PI 36.02(31) (31) “Siblings” means children who share at least one parent by birth, marriage, or adoption.

PI 36.02(32) (32) “Special education” means the special education, as defined in s. 115.76 (15), Stats., and any related services, as defined in s. 115.76 (14), Stats., that are required in the IEP for a child with a disability.

PI 36.02(34) (34) “State superintendent” means the state superintendent of public instruction.

PI 36.02(35) (35) “Truancy” has the meaning given in s. 118.16 (1) (c), Stats.

PI 36.02(36) (36) “Truancy and attendance policy” means the policy required under s. 118.16 (4) (a), Stats.

PI 36.02(38) (38) “Virtual charter school” has the meaning given in s. 115.001 (16), Stats.

PI 36.02 History History: CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14; CR 16-019: r. (5), (6), am. (14), cr. (21m), r. (33), (37) Register July 2016 No. 727, eff. 8-1-16; correction in numbering in (21m) made under s. 13.92 (4) (b) 1., Stats., Register July 2016 No. 727.