(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 post-marked at least 3 days before the date on which the notice is required to be received by the parent. (d) If the application is rejected, the nonresident school board shall do all of the following:
1. Provide notice to the parent that the decision may be appealed to the department within 30 days.
2. Send a copy of the application, including the notice of denial, to the resident school board.
(e) After the parent has notified the nonresident school district that the pupil will attend the course, or after the parent notifies the nonresident school district that the pupil will not attend the course, or if the pupil fails to attend the course, the nonresident school district shall promptly notify the resident school district.
(3) Review by resident school district.
(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. (b) If the application is rejected under s. 118.52 (6), Stats., the resident school board shall do all of the following: 1. Provide notice to the parent that the decision may be appealed to the department within 30 days.
2. Send a copy of the denial to the nonresident school board.
(4) Appeal. If the application is denied by either the resident school board or the nonresident school board, the parent may appeal the denial to the department within 30 days of receipt of the notice of denial as provided under s. PI 36.14. Note: The Part-Time Public School Open Enrollment Application Form may be obtained from the Department’s open enrollment website at https://dpi.wi.gov/oe. PI 36.18 Transportation.
(1) Any claim under s. 118.52 (11), Stats., for reimbursement of transportation costs shall be submitted using a transportation reimbursement form by July 15 following the school year in which the transportation was provided. (2) The state superintendent shall use the calculation described in s. PI 36.13 (2) (a) to determine the amount of reimbursement. (3) If adequate funds are not available under s. 20.255 (2) (cy), Stats., to reimburse all transportation claims under this chapter and s. 118.55 (7g), Stats., the state superintendent shall prorate the available funds among only those applicants eligible for free or reduced-price lunch under 42 USC 1758 (b). (4) Any funds provided under s. 20.255 (2) (cy), Stats., that remain after payment has been made to reimburse claims under sub. (3) of this section and under s. 118.55 (7g), Stats., shall be prorated to reimburse claims submitted by other applicants under this paragraph and under s. 118.55 (7g), Stats., who are unable to pay for transportation. Note: The Part-Time Public School Open Enrollment Transportation Reimbursement Application online form is available starting June 1 on the Department’s open enrollment website at: https://dpi.wi.gov/oe. PI 36.19 Calculating cost of course. For purposes of s. 118.52 (12), Stats., the cost of providing a course to a pupil shall be determined by first dividing the total number of hours of instruction provided to the pupil in the course by 1,137, then multiplying the result by the annual tuition rate as determined by s. 121.76 (2) (a), Stats. For purposes of determining hours of instruction for virtual charter school coursework, the total number of hours of instruction shall be 135 hours per credit. SECTION 2. STATEMENT OF EMERGENCY
The Department of Public Instruction finds an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
2017 Wisconsin Act 59 restored the part time open enrollment program under s. 118.52, Stats., to allow public school pupils to attend a public school in a nonresident school district to take a course offered by the nonresident school district. The part time open enrollment program will begin in the 2018-19 school year. An emergency rule is necessary in order for the Department to administer the program in the 2018-19 school year while the permanent rule completes the promulgation process. SECTION 3. 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. Dated this _____ day of ____________, 2018
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Tony Evers, PhD
State Superintendent
