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.

PI 36.06(4)(b)2. 2. If 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.

PI 36.06(4)(c) (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), Stats., the notice of denial shall include the following:

PI 36.06(4)(c)1. 1. The reason for the denial.

PI 36.06(4)(c)2. 2. Notice of the parent’s right to file an appeal with the state superintendent under s. 118.51 (9), Stats., within 30 calendar days of the date the notice of denial is postmarked or personally delivered to the parent, whichever occurs first. The notice shall also include the following:

PI 36.06(4)(c)2.a. a. The department’s address to which the appeal shall be sent.

PI 36.06(4)(c)2.b. b. Where the parent may obtain a form to file an appeal.

PI 36.06 Note Note: PI 9418, Form for Filing an Open Enrollment Appeal, may be obtained free of charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI or by contacting the department at 888-245-2732 or [e-mail] or from the department’s web site at https://dpi.wi.gov/open-enrollment/appeals.

PI 36.06(4)(c)2.c. c. Any other information specified by the department.

PI 36.06(4)(c)3. 3. If the application was denied by the nonresident school board because space is not available in regular or special education, the pupil’s number on any waiting list, if applicable.

PI 36.06(4)(d) (d) If the nonresident school board has adopted a policy requiring reapplication under s. 118.51 (3) (c) 1., Stats., the board shall notify the parent of the reapplication requirement prior to the beginning of the regular application period in which the pupil is required to reapply.

PI 36.06(5) (5) Nonresident school board.

PI 36.06(5)(a) (a) At the January board meeting, the nonresident school board shall designate the number of regular education spaces, by grade, and the number of special education spaces, by program or services, in the district using the criteria specified in its policy under s. PI 36.04 (2).

PI 36.06(5)(b) (b) The nonresident school board may not, on or after the first Monday in February, reduce the number of spaces designated under par. (a).

PI 36.06(5)(c) (c) Prior to the date specified in s. 118.51 (3) (a) 3., Stats., the nonresident school board may not approve more applications submitted during the regular application period than the number of spaces it designated under par. (a), except that a nonresident school board may approve additional applications for pupils who are guaranteed approval.

PI 36.06(5)(d) (d) After the date specified in s. 118.51 (3) (a) 3., Stats., the nonresident school board may approve applications it had initially denied if any of the following cause spaces to become available:

PI 36.06(5)(d)1. 1. A parent notifies the nonresident school board that the pupil will not attend the nonresident school district.

PI 36.06(5)(d)2. 2. A parent fails to provide the notification required in s. 118.51 (3) (a) 6., Stats.

PI 36.06(5)(d)3. 3. The school board determines that additional spaces have become available since its determination at the January board meeting.

PI 36.06(5)(e) (e) Applications approved under par. (d) shall be approved as follows:

PI 36.06(5)(e)1. 1. The nonresident school board shall first approve pupils from the waiting list.

PI 36.06(5)(e)2. 2. Subject to s. PI 36.04 (7), if the nonresident school board has offered spaces to all pupils on the waiting list, the nonresident school board may approve alternative applications.

PI 36.06(5)(f) (f) The nonresident school board shall deny any application received after 4:00 p.m. on the last day of the regular application period.

PI 36.06(6) (6) Resident school board. A resident school board may not act on any application submitted to the nonresident school board pursuant to the nonresident school board’s requirement to reapply under s. 118.51 (3) (c) 1., Stats.

PI 36.06 History History: CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14; correction in (2) (a) (intro.) made under s. 35.17, Stats., Register August 2014 No. 704; CR 16-019: am. (4) (b) 2., r. (4) (b) 3., 4., am. (4) (c) (intro.), r. (4) (c) 4. Register July 2016 No. 727, eff. 8-1-16; CR 21-082: am. (1) (b) Register May 2022 No. 797, eff. 6-1-22; correction in (1) (b) made under s. 35.17, Stats., Register May 2022 No. 797.