PI 36.09(2)(a)1.d.d. A description of the notifications, including the manner of delivery, a parent will receive when a pupil is absent, is truant, or is habitually truant. Each notification shall inform the parent that the pupil’s open enrollment may be terminated if the pupil is habitually truant.

PI 36.09(2)(a)2.2. Each notification provided under s. 118.16 (2), Stats., shall notify the parent or pupil of the consequences of habitual truancy on open enrollment.

PI 36.09(2)(a)3.3. Provide the parent and pupil with a list of all unexcused absences and truancies that resulted in the board’s proposed action to prohibit the pupil’s attendance in a succeeding semester or school year.

PI 36.09(2)(a)4.4. Allow the parent or pupil to explain why they believe there was any error in marking an absence as truancy, using the process described in the board’s policy under s. PI 36.04 (6) (d).

PI 36.09(2)(b)(b) The state superintendent may not overturn a school board’s decision to terminate open enrollment under this subsection based solely on the school board’s failure to meet all of the requirements in par. (a), if the school board provides sufficient evidence of all of the following:

PI 36.09(2)(b)1.1. That the parent or pupil knew or should have known the pupil’s open enrollment could be terminated for habitual truancy.

PI 36.09(2)(b)2.2. The pupil had at least one notice and opportunity to correct the truant behavior before being found to be habitually truant or before terminating the open enrollment.

PI 36.09(3)(3) Failure to participate. If a nonresident school board returns a pupil to the pupil’s resident school district under s. 118.40 (8) (g), Stats., the open enrollment is terminated on the last day of attendance in the virtual charter school.

PI 36.09(4)(c)(c) The pupil enrolls in and attends any other public school, private school, or home-based private educational program in or out of this state.

PI 36.09(4)(e)(e) The pupil was not in attendance on or before the 3rd Friday in September, unless the pupil’s first day of attendance after approval of an alternative application was after the third Friday in September.

PI 36.09(4)(f)(f) If, after a pupil’s application under the alternative application process has been approved by a nonresident school board, the pupil has not attended the nonresident school district on or before the 15th calendar day following the notice of approval. This paragraph does not apply if the nonresident school board has approved a later start date.

PI 36.09(5)(5) Responsibility for school attendance enforcement after termination. Upon the termination of a pupil’s open enrollment, the responsibility for school attendance enforcement under s. 118.16, Stats., returns to the resident school district.

PI 36.10(2)(a)1.1. 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:

PI 36.10(2)(a)1.b.b. If the pupil does not have an IEP or an IEP cannot be located, the most recent special education evaluation conducted for the pupil.

PI 36.10(2)(a)2.2. 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.

PI 36.10(2)(b)(b) If a nonresident school board approves an application for a pupil without an IEP and it subsequently determines that the pupil is a child with a disability who has been previously evaluated under the special education laws and for whom there is a record of either such special education evaluation or a prior IEP based on such evaluation, the board shall review the pupil’s most recent IEP or, if no IEP is available for the pupil, the most recent evaluation. The board shall also do one of the following:

PI 36.10(2)(b)1.1. Adopt the IEP or provide comparable services until the nonresident school district develops and implements a new IEP. If no IEP is available to review, the board may make a determination based on the special education presumed by the nonresident school board to be required in the most recent special education evaluation of the pupil.

PI 36.10(2)(b)2.2. Determine that the special education required in the most recent IEP is not available in the nonresident school district or there is no space to provide the special education. If no IEP is available to review, the board may make a determination based on the special education presumed by the nonresident school board to be required in the most recent special education evaluation of the pupil. If the nonresident school board makes such a determination, the nonresident school board may return the pupil to the resident school district pursuant to s. 118.51 (12), Stats.