Chapter PI 36

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.

PI 36.13(2) (2) 

PI 36.13(2)(a) (a) The parent of a pupil who is eligible for a free or reduced-price meal under 42 USC 1758 (b) may apply for reimbursement of costs incurred by the parent for transportation of the pupil to and from the pupil’s residence and the school the pupil will be attending. The parent shall file a claim with the department by July 15 following the school year in which the transportation was provided. The amount of reimbursement shall be calculated as follows:

PI 36.13(2)(a)1. 1. Multiply the maximum reimbursement per pupil by the number of pupils transported.

PI 36.13(2)(a)2. 2. Determine the sum of transportation costs for each mode of transportation as follows:

PI 36.13(2)(a)2.a. a. When a family vehicle is used, the mileage cost is equal to the number of miles in a round trip from home to school times the number of round trips made per day times the total number of days transportation was provided times the mileage rate specified in s. 20.916 (4) (e), Stats. The mileage cost may be calculated separately for each pupil who is transported separately, but may not be calculated separately for pupils who are transported at the same time.

PI 36.13(2)(a)2.b. b. When public transportation is used, the actual cost is equal to the number of daily, weekly, or monthly bus passes purchased for the sole use of transporting the pupil to and from school times the cost of the daily, weekly, or monthly bus pass. The cost of public transportation is calculated per pupil transported.

PI 36.13(2)(a)2.c. c. When another mode of transportation is used, the parent shall submit a receipt for payments made to a private transit company, a taxi, or to a school board for transportation provided pursuant to s. 121.545, Stats.

PI 36.13(2)(a)3. 3. The amount of eligible reimbursement is equal to the lesser of the amounts in subd. 1. or 2.

PI 36.13(2)(a)4. 4. If the sum of eligible reimbursement for all parents who submit a claim is less than the amount appropriated, the payments shall be prorated among the parents eligible for reimbursement.

PI 36.13(2)(b) (b)

PI 36.13(2)(b)1. 1. For the purposes of this paragraph, “alternative site” means a location other than the pupil’s residence including the following:

PI 36.13(2)(b)1.a. a. A day care provider.

PI 36.13(2)(b)1.b. b. The home of a relative or friend.

PI 36.13(2)(b)1.c. c. A location outside the boundaries of the pupil’s resident school district from which the pupil is then transported to school by the nonresident school district.

PI 36.13(2)(b)2. 2. Reimbursement may be made for transportation to or from alternative sites, as long as the amount of reimbursement based on transportation to or from alternative sites does not exceed the amount of reimbursement from home to school. No reimbursement may be made for any portion of transportation that is provided without charge to the parent by either the resident or nonresident school district.

PI 36.13(3) (3) The parent shall provide, by July 15, one of the following as evidence of eligibility for reimbursement:

PI 36.13(3)(a) (a) Verification that the school district the pupil attends has determined the pupil is eligible for free or reduced prices meals under 42 USC 1758 (b).

PI 36.13(3)(b) (b) Income information for all household members. The parent shall provide verification of income at the department’s request.

PI 36.13(4) (4) Claims submitted after July 15 will not be paid.

PI 36.13 History History: CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14; CR 21-082: am. (4) Register May 2022 No. 797, eff. 6-1-22.

PI 36.14 PI 36.14 Appeals.

PI 36.14(1) (1) Receipt and filing of appeals.

PI 36.14(1)(a) (a) The parent of a pupil whose application for open enrollment has been denied by a school board may file an appeal of the decision with the state superintendent.

PI 36.14(1)(b) (b) The appeal shall be filed within 30 calendar days after the decision is delivered to the parent or postmarked, whichever occurs first.

PI 36.14(1)(c) (c) The appeal shall meet the requirements of s. PI 1.03.

PI 36.14(1)(d) (d) The appeal shall specify what decision is being appealed and explain why the appellant believes that the decision was arbitrary or unreasonable.

PI 36.14(1)(e) (e) The state superintendent may reject an appeal if the appellant bases the appeal on factors unrelated to the school board’s reason for denying the application. The state superintendent may require the appellant to provide additional explanation.

PI 36.14(2) (2) Record of the decision. Upon receipt of a written appeal filed under sub. (1), the state superintendent shall acknowledge receipt of the appeal in writing to the appellant and to the resident and nonresident school boards. Upon receipt of the notice of appeal from the state superintendent, the respondent shall deliver to the state superintendent the record of the school board’s decision. The respondent shall provide any information requested by the state superintendent.

PI 36.14(3) (3) Evidence and argument. Each party shall be provided an opportunity to submit written evidence and argument into the record. Each party shall be provided at least one opportunity to respond to evidence and argument submitted by the other party.

PI 36.14(4) (4) Procedures. The state superintendent may use any or all of the following procedures which the state superintendent determines to be appropriate in the appeal process:

PI 36.14(4)(a) (a) Provide technical assistance and information and attempt to resolve the matter informally.

PI 36.14(4)(b) (b) Conduct an investigation. If the state superintendent decides to conduct an investigation, the investigation may include an on-site review or any other activity which the state superintendent deems appropriate.

PI 36.14(4)(c) (c) Issue a decision based on a review of the record of the school board, argument from the parties, and any other matter the state superintendent deems appropriate.

PI 36.14(5) (5) Decision.

PI 36.14(5)(a) (a) The decision of the state superintendent shall be in writing stating separate findings of fact and conclusions of law. Decisions shall be served on all parties by mailing a copy to each party’s last known address.

PI 36.14(5)(b) (b)

PI 36.14(5)(b)1. 1. The state superintendent shall affirm the school board’s decision unless the state superintendent finds that the decision was arbitrary or unreasonable. Except as provided in subd. 2., the appellant must show by a preponderance of the evidence that the respondent’s decision was arbitrary or unreasonable.

PI 36.14(5)(b)2. 2. If the resident school board denied an application submitted under the alternative application procedure based on the best interests of the pupil, the resident school board must show by a preponderance of the evidence that the requested transfer is not in the pupil’s best interest.

PI 36.14(5)(b)3. 3. Only reasons specified in the written notice may be defended in an appeal filed under s. 118.51 (9), Stats., and this section.

PI 36.14(5)(b)4. 4. The state superintendent may not overturn a school board’s decision for failure to include the information required in s. PI 36.06 (4) (c) 2. and 3. in the notice of denial.

PI 36.14 History History: CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14; correction in (1) (c) made under s. 35.17, Stats., and correction in (5) (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727.

subch. V of ch. PI 36 Subchapter V — Part-Time Open Enrollment

PI 36.15 PI 36.15 Definitions. In this subchapter:

PI 36.15(1) (1) “Application” means a paper or Internet-based form developed by the department under s. 118.52 (3) (a), Stats., for the part-time open enrollment program.