SECTION 7. PI 36.06 (4) (c) is amended to read:
(c) If an application is denied by a nonresident or resident school board, or a parent is notified that a pupil is required to return to the resident school district under s. 118.51 (11) or (12) (a) or (b) 2., Stats., the notice of denial shall include the following: SECTION 8. PI 36.06 (4) (c) 4. and PI 36.06 (4) (c) 4. (Note) are repealed.
SECTION 9. PI 36.07 (2) (c) is amended to read:
(c) Notwithstanding par. (b), if the parent intends to file an appeal of the resident school board’s denial under s. 118.51 (3m) (b) 8. or (d) 1., Stats., the pupil may attend the nonresident school district pending the outcome of the appeal. If the parent fails to file a timely appeal or if the department affirms the resident school board’s decision, the pupil shall cease attending the nonresident school district. SECTION 10. PI 36.07 (2) (d) is repealed.
SECTION 11. PI 36.07 (3) (b) is amended to read:
SECTION 12. PI 36.08 (2) (c) 1. and 2. are amended to read:
1. If the pupil was attending the nonresident school district under open enrollment on the 3rd Friday in September, the school district in which the pupil resided on the 3rd Friday in September in any school year shall be the resident school district for purposes of the full−time open enrollment program and shall be responsible for the basic and special education costsopen enrollment payment for the pupil for the remainder of that school year.
2. If the pupil first attended a nonresident school after the 3rd Friday in September, the school district in which the pupil resided when the pupil began attending the nonresident school district shall be the resident school district for purposes of the full−time open enrollment program and shall be responsible for the basic and special education costsopen enrollment payment for the pupil for the remainder of that school year.
SECTION 13. PI 36.08 (2) (d) is repealed.
SECTION 14. PI 36.08 (3) (a) 1. is renumbered PI 36.08 (3) (a) and is amended to read:
(a) The basic open enrollment payment applies to each pupil who attends a nonresident school district under the full-time open enrollment program.
SECTION 15. PI 36.08 (3) (a) 2. is repealed.
SECTION 16. PI 36.08 (3) (b) is amended to read:
(b) If the pupil attended the nonresident school district for less than a full school year under the full−time open enrollment program, the amount under s. 118.51 (16) (b)or (17), Stats., shall be equal to the basic open enrollment payment divided by 180 and multiplied by the number of days the pupil was enrolled in the nonresident school district in the school year. The days of enrollment are calculated as follows: SECTION 17. PI 36.08 (3) (c) is created to read:
(c) If, during the school term, the pupil’s IEP team determines that a pupil no longer requires special education services, the nonresident district shall notify the resident district. The open enrollment payment for the pupil shall be calculated as the sum of the following:
1. The amount under s. 118.51 (17), Stats., divided by 180 and multiplied by the number of days the pupil was receiving special education services in the nonresident district. 2. The amount under s. 118.51 (16), Stats., divided by 180 and multiplied by the number of days the pupil was not receiving special education services in the nonresident district. SECTION 18. PI 36.10 (1) is repealed.
SECTION 19. PI 36.10 (2) (a) 1. and 2. are amended to read:
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 and to estimate the amount of the basic and special education cost for the pupil:
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. If the pupil subsequently attends school in the nonresident school district under the full-time open enrollment program and the nonresident school board evaluates the pupil and develops an IEP for the pupil, the nonresident school board shall provide the resident school board with an estimate of the basic and special education cost as provided under sub. (1).
SECTION 20. PI 36.10 (4) is repealed.
SECTION 21. PI 36.12 (1) (b) and (2) (a) are repealed.
SECTION 22. PI 36.12 (2) (b) is amended to read:
(b) Except as specified in pars. (a) andpar. (c), the nonresident school board may not provide any pupil records to the resident school board, including but not limited to the following:
SECTION 23. EFFECTIVE DATE:
The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.
