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
Subchapter V — Part-Time Open Enrollment
PI 36.16 Location of school attendance.
PI 36.17 Application and notification procedures.
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 Subchapters I, II, and IV were repealed and recreated effective September 1, 2014.
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(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(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(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(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(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(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 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.
PI 36.03(1)(1)
Except as provided under sub.
(2), a pupil may attend a public school, including a charter school, in a nonresident school district under the full-time open enrollment program.
PI 36.03(2)
(2) A pupil may attend a prekindergarten, 4-year-old kindergarten, early childhood or school-operated day care program in a nonresident school district only if all of the following apply:
PI 36.03(2)(a)
(a) The pupil's resident school district offers the same type of program that the pupil wishes to attend, as determined by sub.
(3).
PI 36.03(2)(b)
(b) The pupil is eligible to attend that program in the pupil's resident school district.
PI 36.03(3)
(3) The resident and nonresident school district programs are the same type of program if pupils in both the resident and nonresident school district programs can be included in the number of pupils enrolled under s.
121.004 (7) (c) 1. or
(cm), Stats., regardless of whether the pupil is counted as one-half under s.
121.004 (7) (c) 1., Stats., or as .6 under s.
121.004 (7) (cm), Stats. For a preschool-aged pupil with a disability, the same type of program is the pupil's special education.
PI 36.03(4)
(4) A pupil who has reached the age of 18 acting on the pupil's own behalf may take any action a parent is authorized or required to take.
PI 36.03 History
History: CR 14-021: r. and recr.
Register August 2014 No. 704, eff. 9-1-14.
PI 36.04
PI 36.04
Nonresident school board. PI 36.04(1)(1)
Designee. The nonresident school board may appoint a designee to act on applications for the full-time open enrollment program, subject to any policies and criteria adopted by the school board.
PI 36.04(2)(a)(a) The nonresident school board shall adopt policies to administer the full-time open enrollment program, as required under s.
118.51 (4) (a), Stats. If the nonresident school board wishes to amend its policies under s.
118.51 (4) (b), Stats., it shall do so prior to the first day of the regular application period to which the policy will first apply.
PI 36.04(2)(b)2.
2. The method of random selection used to determine which applications will be approved when there are more applications than spaces. If the policy provides for the board to conduct a separate random selection for each grade, the board shall first randomize the order in which each grade is drawn.
PI 36.04(2)(b)5.
5. A procedure to receive and date applications that are received during the regular application period.
PI 36.04(2)(c)
(c) The policy shall establish criteria to determine the number of spaces available in each grade in the school district, as follows:
PI 36.04(2)(c)1.
1. The board may establish criteria solely for the purpose of designating open enrollment spaces.
PI 36.04(2)(c)2.
2. The criteria may consider the availability of space in the schools, programs, classes, or grades of the school district, but shall aggregate the number of spaces by grade for purposes of designating spaces at the January board meeting.
PI 36.04(2)(c)3.
3. In aggregating the number of spaces by grade, the school board may combine grades. If the school board combines grades, the combined grades shall be treated as a single grade for purposes of guarantees, preferences and random selection.
