• Deleted the authority of a resident school district to deny an open enrollment application on the basis of undue financial burden.
• Established a new per pupil aid transfer amount for pupils with disabilities of $12,000. Similar to the current open enrollment transfer amount for regular education pupils, the $12,000 is to be transferred from the resident district to the nonresident district for each open-enrolled special education pupil.
• Indexed the new $12,000 transfer amount annually similar to the transfer amount for regular education pupils. The indexing amount is based on the revenue limit per pupil adjustment and the change in categorical aid funding per pupil in a given year.
• Deleted the requirement that the resident district pay tuition to the nonresident district for a special education pupil attending under open enrollment.
• Deleted the requirement that a nonresident district provide an estimate to the resident district of the costs to provide the special education services required in the individualized education program (IEP) for a pupil with disabilities who applies for open enrollment.
The proposed rule will align DPI Administrative Code and practice with these provisions contained in Act 55.
Summary of, and comparison with, existing or proposed federal regulations: N/A
Comparison with rules in adjacent states: N/A
Summary of factual data and analytical methodologies:
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A
Anticipated costs incurred by private sector: N/A
Effect on small business:
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats. Agency contact person: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(608) 267-9127
Place where comments are to be submitted and deadline for submission:
Comments should be submitted to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at Carl.Bryan@dpi.wi.gov. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments. __________________________________________________________________________________________________
SECTION 1. PI 36.02 (5) and (6) are repealed.
SECTION 2. PI 36.02 (14) is amended to read:
(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.
SECTION 3. PI 36.02 (20m) is created to read:
(20m) “Open enrollment payment” means the amount calculated under s. 118.51 (16) (a) or (17) (b), Stats. SECTION 4. PI 36.02 (33) and (37) are repealed.
SECTION 5. PI 36.06 (4) (b) 2. is amended to read:
2. Except as provided in subd. 3., ifIf the resident school board has not notified the parent that an alternative application is denied on or before the 20th calendar day after the application was submitted, the application shall be considered approved by the resident school board.
SECTION 6. PI 36.06 (4) (b) 3. and 4. are repealed.
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:
