Chapter PI 36

PI 36.08(3m)(a) (a) Starting the first weekday in August and no later than the last weekday in September, the nonresident school board may submit to the department, in the online open enrollment system or other manner provided by the department, a financial statement under s. 118.51 (12) (a), Stats., that shows the actual cost the nonresident school board incurred to provide a free appropriate public education to the child during the prior school year up to $30,000. The statement of actual costs shall calculate the actual cost for the child as the cost for the child under par. (b) less any costs reimbursed under s. 115.88, 115.93 or 118.255, Stats., 20 USC 1400 et. seq, or federal medicaid.

PI 36.08(3m)(b) (b) The financial statement of actual cost may only include actual costs that would not otherwise exist for the nonresident school district but for the need to provide a free appropriate public education to the child during the prior school year.

PI 36.08(3m)(c) (c) No later than the 2nd Monday in October, the nonresident school board may withdraw a financial statement of actual cost submitted under par. (a).

PI 36.08(3m)(d) (d) Only the nonresident school board that submitted the financial statement of actual cost under par. (a) may receive the per pupil payment based on the actual cost in the statement under s. 118.51 (12) (a), Stats.

PI 36.08(3m)(e) (e) A nonresident school board that submits and does not withdraw a financial statement of actual cost will not receive the transfer amount under s. 118.51 (17) (b) 2., Stats., for a student with a disability. A nonresident school board may either receive the per pupil transfer amount under the indexing method under s. 118.51 (17) (b) 2. c., Stats., or the transfer amount under s. 118.51 (17) (b) 3., Stats.

PI 36.08(4) (4) Maintenance of records. The nonresident school board shall maintain all completed applications for 3 years or until the pupil is no longer enrolled in the nonresident school district, whichever is later.

PI 36.08 History History: CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; CR 16-019: am. (2) (c) 1., 2., r. (2) (d), renum. (3) (a) 1. to (3) (a) and am., r. (3) (a) 2., am. (3) (b) (intro.), cr. (3) (c) Register July 2016 No. 727, eff. 8-1-16; CR 19-081: am. (3) (a), (b) (intro.), (c) 1., cr. (3m) Register December 2019 No. 768, eff. 1-1-20; correction in (3m) (c) made under s. 35.17, Stats., Register December 2019 No. 768.

PI 36.09 PI 36.09 Termination of open enrollment.

PI 36.09(1) (1) Expulsion. If a pupil is expelled by the nonresident school board, the nonresident school board may terminate the pupil’s open enrollment. If the nonresident school board does not terminate the expelled pupil’s open enrollment, the following provisions apply:

PI 36.09(1)(a) (a) If the pupil is a child with a disability, the nonresident school board shall provide services in accordance with 34 CFR 300.530 (d).

PI 36.09(1)(b) (b) The nonresident school board may assign the pupil to an alternative school in the school district.

PI 36.09(2) (2) Habitual truancy.

PI 36.09(2)(a) (a) Before a nonresident school board may prohibit a pupil’s attendance in a succeeding semester or school year under s. 118.51 (11), Stats., the nonresident school board shall do all of the following:

PI 36.09(2)(a)1. 1. Provide the following notifications to the parent and the pupil when the pupil enrolls in the nonresident school district:

PI 36.09(2)(a)1.a. a. The school board’s truancy and attendance policy.

PI 36.09(2)(a)1.b. b. The open enrollment consequences of habitual truancy.

PI 36.09(2)(a)1.c. c. A clear explanation of what constitutes truancy, including what constitutes “part of a school day.”

PI 36.09(2)(a)1.d. d. A description of the notifications, including the manner of delivery, a parent will receive when a pupil is absent, is truant, or is habitually truant. Each notification shall inform the parent that the pupil’s open enrollment may be terminated if the pupil is habitually truant.

PI 36.09(2)(a)1.e. e. How and where the parent can view the pupil’s attendance record.

PI 36.09(2)(a)2. 2. Each notification provided under s. 118.16 (2), Stats., shall notify the parent or pupil of the consequences of habitual truancy on open enrollment.

PI 36.09(2)(a)3. 3. Provide the parent and pupil with a list of all unexcused absences and truancies that resulted in the board’s proposed action to prohibit the pupil’s attendance in a succeeding semester or school year.

PI 36.09(2)(a)4. 4. Allow the parent or pupil to explain why they believe there was any error in marking an absence as truancy, using the process described in the board’s policy under s. PI 36.04 (6) (d).

PI 36.09(2)(b) (b) The state superintendent may not overturn a school board’s decision to terminate open enrollment under this subsection based solely on the school board’s failure to meet all of the requirements in par. (a), if the school board provides sufficient evidence of all of the following:

PI 36.09(2)(b)1. 1. That the parent or pupil knew or should have known the pupil’s open enrollment could be terminated for habitual truancy.

PI 36.09(2)(b)2. 2. The pupil had at least one notice and opportunity to correct the truant behavior before being found to be habitually truant or before terminating the open enrollment.

PI 36.09(3) (3) Failure to participate. If a nonresident school board returns a pupil to the pupil’s resident school district under s. 118.40 (8) (g), Stats., the open enrollment is terminated on the last day of attendance in the virtual charter school.

PI 36.09(4) (4) Other circumstances. A pupil’s open enrollment is terminated when:

PI 36.09(4)(a) (a) The pupil withdraws from the nonresident school district.

PI 36.09(4)(b) (b) The pupil moves into the nonresident school district.

PI 36.09(4)(c) (c) The pupil enrolls in and attends any other public school, private school, or home-based private educational program in or out of this state.

PI 36.09(4)(d) (d) The pupil ceases to be a resident of this state.

PI 36.09(4)(e) (e) The pupil was not in attendance on or before the 3rd Friday in September, unless the pupil’s first day of attendance after approval of an alternative application was after the third Friday in September.

PI 36.09(4)(f) (f) If, after a pupil’s application under the alternative application process has been approved by a nonresident school board, the pupil has not attended the nonresident school district on or before the 15th calendar day following the notice of approval. This paragraph does not apply if the nonresident school board has approved a later start date.

PI 36.09(4)(g) (g) The pupil has been returned to the resident school district under s. 118.51 (12), Stats.

PI 36.09(5) (5) Responsibility for school attendance enforcement after termination. Upon the termination of a pupil’s open enrollment, the responsibility for school attendance enforcement under s. 118.16, Stats., returns to the resident school district.

PI 36.09 History History: CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; CR 21-082: cr. (5) Register May 2022 No. 797, eff. 6-1-22.

PI 36.10 PI 36.10 Special education.

PI 36.10(2) (2) Not current or missing IEP.

PI 36.10(2)(a) (a)

PI 36.10(2)(a)1. 1. If an application is submitted by a child with a disability who does not have a current IEP, the nonresident school board shall use the following records to determine whether it has the special education program or space:

PI 36.10(2)(a)1.a. a. The most recent IEP that was developed for the pupil.

PI 36.10(2)(a)1.b. b. If the pupil does not have an IEP or an IEP cannot be located, the most recent special education evaluation conducted for the pupil.

PI 36.10(2)(a)2. 2. If neither an IEP nor an evaluation is available to review, the nonresident school board shall treat the application as an application from a child who is not disabled.

PI 36.10(2)(b) (b) If a nonresident school board approves an application for a pupil without an IEP and it subsequently determines that the pupil is a child with a disability who has been previously evaluated under the special education laws and for whom there is a record of either such special education evaluation or a prior IEP based on such evaluation, the board shall review the pupil’s most recent IEP or, if no IEP is available for the pupil, the most recent evaluation. The board shall also do one of the following:

PI 36.10(2)(b)1. 1. Adopt the IEP or provide comparable services until the nonresident school district develops and implements a new IEP. If no IEP is available to review, the board may make a determination based on the special education presumed by the nonresident school board to be required in the most recent special education evaluation of the pupil.

PI 36.10(2)(b)2. 2. Determine that the special education required in the most recent IEP is not available in the nonresident school district or there is no space to provide the special education. If no IEP is available to review, the board may make a determination based on the special education presumed by the nonresident school board to be required in the most recent special education evaluation of the pupil. If the nonresident school board makes such a determination, the nonresident school board may return the pupil to the resident school district pursuant to s. 118.51 (12), Stats.

PI 36.10(3) (3) Children who are not yet three.

PI 36.10(3)(a) (a)

PI 36.10(3)(a)1. 1. A child who is not yet 3 years old may submit an application during the regular application period if all of the following apply:

PI 36.10(3)(a)1.a. a. The child will be 3 years old on or before the 3rd Friday in September.

PI 36.10(3)(a)1.b. b. The child has been found to be eligible for the early intervention program for infants and toddlers with disabilities under 34 CFR 303, or has been referred for a special education evaluation under s. 115.777 (1), Stats.

PI 36.10(3)(a)2. 2. A child who will not be 3 years old on or before the 3rd Friday in September may submit an application under the alternative application procedure when the child reaches the age of 3, has been evaluated under s. 115.78, Stats., and has been found eligible for special education.

PI 36.10(3)(b) (b) A nonresident school board that receives an application from a child who meets the criteria in par. (a) 1. may do one of the following:

PI 36.10(3)(b)1. 1. Approve the application.

PI 36.10(3)(b)2. 2. Deny the application. If the child is subsequently evaluated under s. 115.78, Stats., and found eligible for special education under subch. V of ch. 115, Stats., the board may review the IEP and approve the application.

PI 36.10(5) (5) Requirement to return to resident school district. If notice is provided under s. 118.51 (12), Stats., the pupil shall be immediately transferred to the resident school district, which shall provide special education to the pupil. If the nonresident and resident school boards agree, they may set a date in the future to transfer the pupil to the resident school district. The nonresident school board shall provide special education to the pupil until the pupil is transferred to the resident school district.

PI 36.10 History History: CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; CR 16-019: r. (1), am. (2) (a) 1. (intro.), 2., r. (4) Register July 2016 No. 727, eff. 8-1-16; correction in (2) (b) 2., (5) made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727.

PI 36.11 PI 36.11 Virtual charter schools.

PI 36.11(1) (1) Location of school attendance.

PI 36.11(1)(a) (a) Except as provided in par. (b), attendance within a school district means the pupil physically attends a school or program located within the physical boundaries of the nonresident school district.

PI 36.11(1)(b) (b) A pupil attending a virtual charter school is considered to be attending a school located within the nonresident school district as specified in s. 118.40 (8) (a), Stats., regardless of the physical location of any component of the virtual charter school or of the pupil.

PI 36.11(1)(c) (c) A pupil participating in an online course or program that is not offered through a virtual charter school is not considered to be attending a school located within the nonresident school district, unless the pupil is in physical attendance as described in par. (a).

PI 36.11(2) (2) Identification of virtual charter schools and open enrollment payments.

PI 36.11(2)(a) (a) Prior to enrolling any pupils through the full-time open enrollment program, each virtual charter school shall submit the following to the department:

PI 36.11(2)(a)1. 1. The contract between the school board and the virtual charter school that identifies the charter school as a virtual charter school.

PI 36.11(2)(a)2. 2. Assurance that the virtual charter school meets all of the requirements of s. 118.40 (8), Stats.

PI 36.11(2)(b) (b) The department may not transfer any state aids under s. 118.51 (16) (b), Stats., until the information required in par. (a) has been provided and the department has determined that the charter school is a virtual charter school that meets the requirements of s. 118.40 (8), Stats. The department, as it determines is appropriate, may require additional information or assurances or it may conduct an audit to ensure that open enrollment payments are properly made.

PI 36.11 History History: CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14.

PI 36.12 PI 36.12 Confidentiality of pupil records.

PI 36.12(1) (1) During the application process.

PI 36.12(1)(a) (a) The following pupil records shall be provided to the nonresident school board by the resident school board during the application process.

PI 36.12(1)(a)1. 1. The most recent IEP.

PI 36.12(1)(a)2. 2. The most recent special education evaluation, if an IEP is not available.

PI 36.12(1)(a)3. 3. Information that the pupil has been referred to his or her resident school board under s. 115.777 (1), Stats., or identified by his or her resident school board under s. 115.77 (1m) (a), Stats.

PI 36.12(1)(a)4. 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.

PI 36.12(1)(c) (c) 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 par. (a). The nonresident school board may not deny an alternative application based on a parent’s refusal to consent to release of additional records.

PI 36.12(2) (2) While the pupil is attending the nonresident school district.

PI 36.12(2)(b) (b) Except as specified in par. (c), the nonresident school board may not provide any pupil records to the resident school board, including but not limited to the following:

PI 36.12(2)(b)1. 1. Any part of an IEP developed or revised for the pupil while the pupil is attending the nonresident school district.

PI 36.12(2)(b)2. 2. Updated evaluation reports.

PI 36.12(2)(b)3. 3. Discipline records.

PI 36.12(2)(b)4. 4. Attendance records.

PI 36.12(2)(b)5. 5. Report cards.

PI 36.12(2)(b)6. 6. IEP progress reports.

PI 36.12(2)(c) (c) The nonresident school board may provide pupil records to the resident school board if the pupil’s parent provides written consent.

PI 36.12 History History: CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; CR 16-019: r. (1) (b), (2) (a), am. (2) (b) Register July 2016 No. 727, eff. 8-1-16.

subch. IV of ch. PI 36 Subchapter IV — Transportation and Appeals

PI 36.13 PI 36.13 Transportation.

PI 36.13(1) (1) In this section, “maximum reimbursement per pupil” means 3 times the statewide average per pupil transportation cost.