Chapter PI 36

PI 36.02 History History: CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14; CR 16-019: r. (5), (6), am. (14), cr. (21m), r. (33), (37) Register July 2016 No. 727, eff. 8-1-16; correction in numbering in (21m) made under s. 13.92 (4) (b) 1., Stats., Register July 2016 No. 727.

PI 36.03 PI 36.03 Applicability.

PI 36.03(1) (1) Except as provided under sub. (2), a pupil may attend a public school, including a charter school, in a nonresident school district under the full-time open enrollment program.

PI 36.03(2) (2) A pupil may attend a prekindergarten, 4-year-old kindergarten, early childhood or school-operated day care program in a nonresident school district only if all of the following apply:

PI 36.03(2)(a) (a) The pupil’s resident school district offers the same type of program that the pupil wishes to attend, as determined by sub. (3).

PI 36.03(2)(b) (b) The pupil is eligible to attend that program in the pupil’s resident school district.

PI 36.03(3) (3) The resident and nonresident school district programs are the same type of program if pupils in both the resident and nonresident school district programs can be included in the number of pupils enrolled under s. 121.004 (7) (c) 1. or (cm), Stats., regardless of whether the pupil is counted as one-half under s. 121.004 (7) (c) 1., Stats., or as .6 under s. 121.004 (7) (cm), Stats. For a preschool-aged pupil with a disability, the same type of program is the pupil’s special education.

PI 36.03(4) (4) A pupil who has reached the age of 18 acting on the pupil’s own behalf may take any action a parent is authorized or required to take.

PI 36.03 History History: CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

subch. II of ch. PI 36 Subchapter II — School Board Policies and Designation of Spaces

PI 36.04 PI 36.04 Nonresident school board.

PI 36.04(1) (1) Designee. The nonresident school board may appoint a designee to act on applications for the full-time open enrollment program, subject to any policies and criteria adopted by the school board.

PI 36.04(2) (2) Board policies.

PI 36.04(2)(a) (a) The nonresident school board shall adopt policies to administer the full-time open enrollment program, as required under s. 118.51 (4) (a), Stats. If the nonresident school board wishes to amend its policies under s. 118.51 (4) (b), Stats., it shall do so prior to the first day of the regular application period to which the policy will first apply.

PI 36.04(2)(b) (b) The policy shall include all of the provisions required in s. 118.51 (4) (a), Stats., and the following:

PI 36.04(2)(b)1. 1. Which pupils, if any, will be guaranteed approval under sub. (3).

PI 36.04(2)(b)2. 2. The method of random selection used to determine which applications will be approved when there are more applications than spaces. If the policy provides for the board to conduct a separate random selection for each grade, the board shall first randomize the order in which each grade is drawn.

PI 36.04(2)(b)3. 3. If the nonresident school board establishes a waiting list under s. 118.51 (5) (d), Stats., the procedure required under sub. (5).

PI 36.04(2)(b)4. 4. If required under sub. (6), a habitual truant policy.

PI 36.04(2)(b)5. 5. A procedure to receive and date applications that are received during the regular application period.

PI 36.04(2)(c) (c) The policy shall establish criteria to determine the number of spaces available in each grade in the school district, as follows:

PI 36.04(2)(c)1. 1. The board may establish criteria solely for the purpose of designating open enrollment spaces.

PI 36.04(2)(c)2. 2. The criteria may consider the availability of space in the schools, programs, classes, or grades of the school district, but shall aggregate the number of spaces by grade for purposes of designating spaces at the January board meeting.

PI 36.04(2)(c)3. 3. In aggregating the number of spaces by grade, the school board may combine grades. If the school board combines grades, the combined grades shall be treated as a single grade for purposes of guarantees, preferences and random selection.

PI 36.04(3) (3) Guaranteed approval.

PI 36.04(3)(a) (a) The nonresident school board may guarantee approval of currently-attending pupils by including such pupils in the count of occupied spaces required under s. 118.51 (5) (a) 1., Stats. Any spaces designated by the nonresident school board under s. 118.51 (5) (a) 1., Stats., shall be in addition to these already occupied spaces.

PI 36.04(3)(b) (b) The nonresident school board may guarantee approval to siblings of currently-attending pupils by first assigning such pupils to the spaces designated under s. 118.51 (5) (a) 1., Stats. If there are more such pupils than spaces, the board shall approve any remaining applications from such pupils.

PI 36.04(3)(c) (c) If the policy authorizes, but does not require, the board to grant the guarantees described in par. (a), the board shall specify at the January board meeting whether it will exercise its authority to guarantee approval of applications for the next school year submitted by the following pupils:

PI 36.04(3)(c)1. 1. Currently-attending pupils or currently-attending pupils and siblings of currently-attending pupils who apply during the following regular application period.

PI 36.04(3)(c)2. 2. Currently-attending pupils or currently-attending pupils and siblings of currently-attending pupils who apply under the alternative application procedure.

PI 36.04(3)(d) (d) If the nonresident school board guarantees approval to currently-attending pupils, the nonresident school board shall guarantee approval to all currently-attending pupils unless the pupil is a child with a disability and the pupil’s special education or related services are not available in the nonresident district.

PI 36.04(3)(e) (e) If the nonresident school board guarantees approval to siblings of currently-attending pupils, the nonresident school board shall guarantee approval to all siblings of currently-attending pupils unless the sibling is a child with a disability and the sibling’s special education or related services are not available in the nonresident district.

PI 36.04(4) (4) Preference.

PI 36.04(4)(a) (a) The nonresident school board shall grant preference to currently-attending pupils or currently-attending pupils and siblings of currently-attending pupils who are not guaranteed approval. If there are more pupils who are entitled to preference than there are designated available spaces, the nonresident school board shall fill the spaces by a random selection of pupils entitled to preference. A pupil who is a child with a disability shall be included in any random selection for the pupil’s grade, prior to consideration of the availability of and space in the special education required by the pupil’s IEP.

PI 36.04(4)(b) (b) If neither currently-attending pupils nor siblings of currently-attending pupils are guaranteed approval, both shall be granted equal preference to available spaces.

PI 36.04(4)(c) (c) If a pupil is selected in the random selection, and there is space available for that pupil, siblings of that pupil shall be granted preference to any spaces remaining in the sibling’s grade. A sibling may not be approved if there are no remaining seats in the sibling’s grade.

PI 36.04(5) (5) Waiting list.

PI 36.04(5)(a) (a) If a nonresident school board creates a waiting list under s. 118.51 (5) (d), Stats., it shall do the following:

PI 36.04(5)(a)1. 1. Establish a procedure to create a numbered waiting list of all applicants which complies with the nonresident school board’s approval and denial criteria under s. 118.51 (5) (a) and (b), Stats., the procedures required by s. 118.51 (3) (a) 2., Stats., and the school board’s policy.

PI 36.04(5)(a)2. 2. Notify a pupil’s parents if the pupil has been accepted from the waiting list. The notification may be written or verbal. Any verbal notice shall be given directly to the parent who submitted the open enrollment application. The notification shall include all of the following:

PI 36.04(5)(a)2.a. a. The school or program to which the pupil will be assigned.

PI 36.04(5)(a)2.b. b. The date by which the parent must notify the nonresident school board whether the pupil will attend the nonresident school district and the procedures the parent must follow to do so.

PI 36.04(5)(a)3. 3. Provide at least 10 calendar days from the date the notice was mailed or verbally provided for the parent to respond to the notification. If the parent does not respond within the specified time period, the nonresident school board may rescind approval and offer the space to the next pupil on the waiting list.

PI 36.04(5)(b) (b) The nonresident school board may establish waiting lists for regular education by school, program, class, or grade, or for special education programs and services, or both. If a pupil is on both the regular education and special education waiting lists, and the pupil’s name is reached on only one waiting list, the pupil shall remain in place at the top of that list until the pupil’s name is reached on the other list.

PI 36.04(6) (6) Habitual truancy. A nonresident school board may not prohibit a pupil from attendance in the nonresident school district under s. 118.51 (11), Stats., unless the nonresident school board has adopted a policy that meets the following:

PI 36.04(6)(a) (a) Clearly defines “excused absences,” “unexcused absences,” “tardiness,” “part of a school day,” “truancy,” “habitual truancy,” and any other term or concept that will be used for the purposes of denying or terminating open enrollment.

PI 36.04(6)(b) (b) Is consistent with the school board’s truancy and attendance policy.

PI 36.04(6)(c) (c) Specifies the criteria that will be used to terminate open enrollment, including the number of unexcused absences that may result in termination of the pupil’s open enrollment.

PI 36.04(6)(d) (d) Provides a process a parent or pupil may follow if they believe the pupil was erroneously marked as truant.

PI 36.04(7) (7) Alternative applications. A nonresident school board may not approve an alternative application submitted prior to the 3rd Friday in September if the board did not approve all applications for the pupil’s grade or special education service that were submitted in the regular application period for the same school year. A nonresident school board may not approve an alternative application submitted after the January school board meeting for a current school year if the board limited the number of spaces available in the pupil’s succeeding grade or special education service for applications submitted under the regular application procedure for the following school year.

PI 36.04 History History: CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14; EmR1832: emerg. am. eff. 12-14-18; CR 18-096: am. (7) Register May 2019 No. 761, eff. 6-1-19; CR 21-082: am (3) (d), (e), r. (3) (f) Register May 2022 No. 797, eff. 6-1-22.

PI 36.05 PI 36.05 Resident school board. The resident school board may appoint a designee to act on applications for the full-time open enrollment program, subject to the policies and criteria adopted by the school board.

PI 36.05 History History: CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

subch. III of ch. PI 36 Subchapter III — Full-time Open Enrollment

PI 36.06 PI 36.06 Application and notification procedures.

PI 36.06(1) (1) Submission.

PI 36.06(1)(a) (a) The parent of a pupil who wishes to attend a public school in a nonresident school district shall do one of the following:

PI 36.06(1)(a)1. 1. Submit an application to the nonresident school board during the regular application period. In order to be considered by the nonresident school board, the application shall be received by the nonresident school district no earlier than the first day of the regular application period and no later than 4:00 p.m. on the last day of the regular application period.

PI 36.06(1)(a)2. 2. Submit an application to the nonresident school board under the alternative application procedure. An alternative application may be submitted no earlier than July 1 and no later than the last day of the school term during which the pupil will first attend.

PI 36.06(1)(b) (b) The parent shall submit a separate application to the board of each nonresident school district to which the pupil is applying. The parent may submit applications, including alternative applications, to no more than 3 nonresident school boards for any pupil in any school year. The parent is prohibited from submitting more than one application for any pupil to the same nonresident school board for the same school year if the parent’s initial application has been denied. Pursuant to s. 118.51 (3) (a) 1d. and (3m) (a), Stats., applications to virtual charter schools do not count toward the three nonresident school board limit under this paragraph.

PI 36.06(1)(c) (c) The parent shall answer all applicable questions on the application completely and accurately. If the application submitted by the parent is incomplete, the nonresident or resident school board may request the missing information. Except as provided under s. PI 36.12, the nonresident school board may not request from the parent or the resident school board any information that is not required to be provided on the application form.

PI 36.06(2) (2) Records.

PI 36.06(2)(a) (a) By the date specified in par. (b), the resident school board shall provide the records described in s. PI 36.12 (1) (a) or shall notify the nonresident school board if any of the following apply:

PI 36.06(2)(a)1. 1. The pupil has not been found to be a child with a disability and the child has been neither referred to the resident school board under s. 115.777 (1), Stats., nor identified by the resident school board under s. 115.77 (1m) (a), Stats.

PI 36.06(2)(a)2. 2. The pupil has not been expelled and does not have a pending disciplinary proceeding.

PI 36.06(2)(a)3. 3. The pupil does not attend school in the resident school district named on the application and the resident school district does not have any records for the pupil.

PI 36.06(2)(b) (b) The notifications in par. (a) shall be made by the following dates:

PI 36.06(2)(b)1. 1. The date specified in s. 118.51 (3) (a) 1m. and (8), Stats., for applications submitted during the regular application period.

PI 36.06(2)(b)2. 2. Within 10 calendar days of receiving a copy of an application submitted under the alternative application procedure.

PI 36.06(2)(c) (c) If the pupil is not attending the resident school district named on the application, the nonresident school board may request, and the school or school district of attendance may provide, any of the records or information from a public school the pupil attends that would otherwise be provided by the resident school district if the pupil were attending the resident school district.

PI 36.06(3) (3) Application.

PI 36.06(3)(a) (a) A nonresident or resident school board shall provide an application to a parent or pupil upon request.

PI 36.06(3)(b) (b) Except as provided in par. (d), the grade level on an application submitted during the regular application period shall be the grade immediately following the grade the pupil is enrolled in at the time of application and the grade level for an application submitted under the alternative application procedure shall be the pupil’s grade in the current school year. If the pupil is not enrolled in school at the time of application, the parent shall indicate the appropriate grade for the child’s age. Except as provided in par. (c), if the application is approved and, upon the pupil’s enrollment in school, the nonresident school board determines that the pupil should be placed in a different grade, the nonresident school board shall permit the pupil to attend the nonresident school district in the appropriate grade.

PI 36.06(3)(c) (c) If the nonresident school board approves an application that indicates a grade other than the grade specified in par. (b), the nonresident school board is not required to permit the pupil to attend the grade specified in par. (b) if any of the following apply:

PI 36.06(3)(c)1. 1. The nonresident school board denied applicants for that grade.

PI 36.06(3)(c)2. 2. The nonresident school district no longer has space in that grade.

PI 36.06(3)(c)3. 3. The nonresident school board determines that the grade indicated on the application is not appropriate for the pupil.

PI 36.06(3)(d) (d)

PI 36.06(3)(d)1. 1. A parent may request early admission to 4-year-old or 5-year-old kindergarten for a pupil who does not meet the age requirement under s. 118.14 (1), Stats. A nonresident school board may evaluate the pupil in accordance with its policy developed under s. 120.12 (25), Stats.

PI 36.06(3)(d)2. 2. If the nonresident school board determines the pupil is eligible for early admission to 5-year-old kindergarten, the nonresident school board may approve the application and assign the pupil to 5-year-old kindergarten. If the nonresident school board refuses to evaluate the pupil or if the pupil is evaluated and found not eligible for early admission to 5-year-old kindergarten, the pupil may attend 4-year-old kindergarten in the nonresident school district only as provided under s. 118.51 (2), Stats.

PI 36.06(3)(d)3. 3. If the nonresident school board determines that the pupil is eligible for early admission to 4-year-old kindergarten, the pupil may attend the nonresident school district for 4-year-old kindergarten only if the pupil is evaluated and found eligible for early admission by the pupil’s resident school board, in accordance with the resident school board’s policy under s. 120.12 (25), Stats.

PI 36.06(3)(e) (e) The application shall indicate the resident school district in which the pupil will reside on the 3rd Friday in September in the first school term in which the pupil first wishes to attend the nonresident school district. If the resident school district named on the application changes, the parent shall notify the nonresident school board.

PI 36.06(3)(f) (f) If the application is approved by the nonresident school board, the parent shall notify the nonresident school board, on or before the parental notification date, whether the pupil will attend school in the nonresident school district. If the parent does not notify the board by the parental notification date that the pupil will attend the nonresident school district, the nonresident school board may determine that the pupil may not attend the nonresident school district and, if applicable, it may offer the pupil’s space to the next pupil on the waiting list.

PI 36.06(4) (4) Notices.

PI 36.06(4)(a) (a)

PI 36.06(4)(a)1. 1. If the nonresident school board does not make timely notification as required in s. 118.51 (3) (a) 3., Stats., an application submitted under the regular application procedure shall be considered approved by the nonresident school board.

PI 36.06(4)(a)2. 2. If the nonresident school board has not notified the parent on or before the 20th calendar day after an alternative application was submitted that the application is approved, the application shall be considered denied by the nonresident school board.

PI 36.06(4)(b) (b)

PI 36.06(4)(b)1. 1. If the resident school board has not notified the parent on or before the date specified in s. 118.51 (3) (a) 4., Stats., that an application submitted during the regular application period has been denied, the application shall be considered approved.