Chapter PI 36

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.

PI 36.15(2) (2) “Nonresident school board” means the school board of the nonresident school district.

PI 36.15(3) (3) “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 part-time open enrollment program.

PI 36.15(4) (4) “Parent” includes a guardian.

PI 36.15(5) (5) “Resident school board” means the school board of the resident school district.

PI 36.15(6) (6) “Resident school district” means the school district in which the pupil resides, unless the pupil attends school in a school district pursuant to a whole grade sharing agreement under s. 118.50, Stats., tuition waiver under s. 121.84 (4), Stats., or full-time open enrollment under s. 118.51, Stats., in which case the resident school district is the pupil’s district of attendance.

PI 36.15(7) (7) “Transportation reimbursement form” means an Internet-based form developed by the department under s. 118.52 (11), Stats., for reimbursement for the cost of transporting a pupil to and from a part-time open enrollment course.

PI 36.15 History History: CR 18-048: cr. Register April 2019 No. 760, eff. 5-1-19.

PI 36.16 PI 36.16 Location of school attendance. In this subchapter:

PI 36.16(1) (1) Except as provided in sub. (2), attendance within a school district means the pupil physically attends a course located within the physical boundaries of the nonresident school district.

PI 36.16(2) (2) A pupil attending a course in a virtual charter school is considered to be attending a course 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 36.16(3) (3) 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 course located within the nonresident school district, unless the pupil is in physical attendance as described in sub. (1).

PI 36.16 History History: CR 18-048: cr. Register April 2019 No. 760, eff. 5-1-19.

PI 36.17 PI 36.17 Application and notification procedures.

PI 36.17(1) (1) Application.

PI 36.17(1)(a) (a) Each school board shall establish a starting date for each course for purposes of s. 118.52, Stats., and each school board shall provide the course starting date and the deadline date to apply for the course to a parent or pupil upon request.

PI 36.17(1)(b) (b) Each school board shall provide an application to a parent or pupil upon request.

PI 36.17(1)(c) (c) The parent of a pupil who wishes to attend a public school under the part-time open enrollment program shall submit an application to the nonresident school board not later than 6 weeks prior to the course starting date. An application shall be considered timely only if actually received by the nonresident school district before the nonresident school district’s official close of business on the deadline date to apply for the course.

PI 36.17(1)(d) (d) A separate application shall be submitted for each pupil applying, and a separate application shall be submitted to the school board of each nonresident school district to which a pupil is applying. Any application containing false or misleading information may be denied at any time, including after the pupil’s participation in part-time open enrollment has commenced.

PI 36.17(1)(e) (e) The application shall include written permission from the parent of the pupil if the pupil is a minor, or from the pupil if the pupil is an adult, to provide the nonresident school board those pupil records from the resident school board that are necessary to determine whether the pupil meets entrance criteria for the course.

PI 36.17(1)(f) (f) Upon receiving a complete application, the nonresident school board shall send a copy of the application to the resident school district within 3 working days. The nonresident school board may request any pupil records from the resident school board necessary to determine whether the pupil meets entrance criteria for the course.

PI 36.17(1)(g) (g) If an application is accepted by the nonresident school board and the resident school board, the parent shall provide notice in writing to the resident school board and the nonresident school board of the pupil’s intent to attend the course in the nonresident school district. This notice shall be considered timely only if actually received by each school district office no later than the last weekday preceding the course starting date, excluding state holidays.

PI 36.17(2) (2) Review by nonresident school district.

PI 36.17(2)(a) (a) If the nonresident school board receives more applications for a course than there are spaces available in the course, the nonresident school board shall determine which pupils to accept on a random basis, using a method approved by the school board.

PI 36.17(2)(b) (b) If the nonresident school board adopts a policy to give preference in attendance at a course to pupils who reside in the school district pursuant to ss. 118.52 (5), Stats., the policy must require resident applicants who apply to take courses under ss. 118.145 (4) and 118.53, Stats., to apply for the course by a final deadline of no earlier than 6 weeks nor later than 1 week before the course starting date in order to receive such preference ahead of an applicant for the course under s. 118.52, Stats. This paragraph does not prohibit a school board from approving applications for a course that are received under s. 118.145 (4) or 118.53, Stats., after such final deadline, provided that the school board did not deny any applications for the same course that were submitted under s. 118.52, Stats., due to lack of available space.

PI 36.17(2)(c) (c) The nonresident school board shall provide notice of the nonresident school board’s decision as required under s. 118.52 (3) (c), Stats., to the parent no later than one week prior to the course starting date. This notice is timely if received by the parent before the date on which the notice is required. If delivered by 1st class mail, a written notification is considered timely only if postmarked at least 3 days before the date on which the notice is required to be received by the parent.

PI 36.17(2)(d) (d) If the application is rejected, the nonresident school board shall do all of the following:

PI 36.17(2)(d)1. 1. Provide notice to the parent that the decision may be appealed to the department within 30 days.

PI 36.17(2)(d)2. 2. Send a copy of the application, including the notice of denial, to the resident school board.

PI 36.17(2)(e) (e) If the pupil fails to attend the course after being accepted and providing notice of intent to attend the course, the nonresident school district shall promptly notify the resident school district.

PI 36.17(3) (3) Review by resident school district.

PI 36.17(3)(a) (a) The resident school board shall provide notice of the resident school board’s decision as required under s. 118.52 (3) (d), Stats., to the parent no later than one week prior to the course starting date. This notice is timely if post-marked at least 3 days before the date on which the notice is required to be received by the parent.

PI 36.17(3)(b) (b) If the application is rejected under s. 118.52 (6), Stats., the resident school board shall do all of the following: