2008-09 Open Enrollment

Frequently Asked Questions

1. What is the full-time inter-district public school open enrollment program?

Wisconsin's full-time-time inter-district public school open enrollment program allows parents to apply for their children to attend school in a school district other than the one in which they reside. [Wis. Stats. § 118.51]

2. Who may participate in public school open enrollment?

Any student in grades kindergarten to 12 may apply to attend school in any public school district in the state. Students may apply for 4-year-old kindergarten, prekindergarten, early childhood education and school-operated day care only if the student's resident school district offers the same type of program and only if the student is eligible for that program in her or his resident school district. [Wis. Stats. § 118.51 (2)]

For more information about kindergarten, prekindergarten, 4-year-old kindergarten, early childhood education and day care, please go to Section III.

3. Can a student request a specific school within the nonresident school district?

A student may request assignment to a specific school in a nonresident school district. However, even if the student's application is approved, assignment to the requested school is not guaranteed. If the student's application is approved and the student is not assigned to the requested school, the parent will have to decide whether to accept the assignment or whether to forego the open enrollment. [Wis. Stats. § 118.51 (3) (a) 1. and (10)]

4. Can students open enroll to charter schools?

Students apply to school districts, not to individual schools. They may request assignment to a specific school or schools, including a charter school that is established by that school board. However, assignment to the requested school is not guaranteed (see question 3 above). Students may not request open enrollment to schools that are chartered by organizations other than schools districts, such as a city, university, technical school, or county.

[Wis. Stats. § 118.51 (3) (a) 1. and (10) and 118.40 (2r) (c)]

5. Can an application be denied?

Yes. Both the resident and nonresident school districts may deny an application for reasons specified in statute. [Wis. Stats. § 118.51 (3) (a) 3.and 4.]

For information about reasons a school district may deny a student's application, please go to Section IV.

6. Can a school district refuse to participate in the open enrollment program?

No. All school boards must adopt policies specifying criteria for approving and denying applications, must receive open enrollment applications during the application period, and must approve or deny applications in accordance with state law and the school board's policies.

[Wis. Stats. § 118.51 (4) (a), (5) (a)]

7. Can a school board adopt policies to close the district to open enrollment?

No. All school districts must accept nonresident students if space is available.

[Wis. Stats. § 118.51 (4) (a), (5) (a)]

8. Does the public school open enrollment program allow students to apply to attend school in a different attendance area within the student's resident school district?

No. The state open enrollment program is an inter-district program - that is, it applies only to transfers from one school district to another school district. Intra-district transfers - that is, transfers from one school to another school within the same school district - are a local issue. School boards may decide whether to permit students to transfer from one school to another in the school district and, if a board decides to allow such transfers, the board may establish whatever rules, criteria, limitations and timelines it determines are appropriate.

Wis. Stats. § 118.001, 120.12 (1) and 120.13 (intro.)]

9. How does a parent/student apply for open enrollment?

The completed application form must be submitted to the school district the student wishes to attend (referred to as the nonresident school district) during the application period. There must be a separate application form submitted for each student and a separate application form submitted to each school district the student wishes to attend.

[Wis. Stats. § 118.51 (3) (a) 1. and Wis. Adm. Code § PI 36.03 (1) (b) 1.]

10. When may a student apply for open enrollment?

The open enrollment application period is established in state law as beginning on the first Monday in February and ending at 4:00 p.m. on the third Friday that follows the first Monday in February. The application periods for upcoming school years are as follows:

2006-07 school year: February 6 to 24, 2006

2007-08 school year: February 5 to 23, 2007

2008-09 school year: February 4 to 22, 2008

2009-10 school year: February 2 to 20, 2009

2010-11 school year: February 8 to 26, 2010

Applications must be physically received in the nonresident school district by the application deadline. A post-mark is not sufficient. It is strongly recommended that parents hand-deliver the application form to the nonresident school district and that the parent request that her or his copy of the form be specifically date-stamped when the form is received.

[Wis. Stats. § 118.51 (3) (a) 1. and Wis. Adm. Code § PI 36.03 (1) (a)]

11. Are late applications accepted? Can a school district or the Department of Public Instruction waive the application deadline?

Late applications may not be accepted for any reason. There is no authorization in the open enrollment law for either the school district or the Department of Public Instruction to waive the application deadline for any reason, no matter how compelling.

[Wis. Stats. § 118.51 (3) (a) 1. and Wis. Adm. Code § PI 36.03 (1) (a) and PI 36.04 (2) (c)]

12. What constitutes a timely application?

The application form must be physically received in the nonresident school district no sooner than the first day of the application period and no later than 4:00 p.m. on the last day of the application period. A postmark does not qualify for timely submission. School districts may accept faxed application forms, but if the fax doesn't go through before the deadline, the application is late. It is strongly recommended that parents hand-deliver the application form to the school district office of the nonresident school district. Applications delivered to the wrong school district (such as the resident school district) or to the Department of Public Instruction do not qualify as timely applications.

[Wis. Stats. § 118.51 (3) (a) 1. and Wis. Adm. Code § PI 36.03 (1) (a) and PI 36.04 (2) (c)]

13. Does it help to apply early?

Applications may not be submitted prior to the first Monday in February. If there are more applications than spaces available, approval and denial will be made on a random basis, not on a first-come, first served basis. Thus, while it is better not to wait until the last day, chances of approval are not dependent on when during the three-week period the form was submitted.

[Wis. Stats. § 118.51 (3) (a) 1. and 2. and (6)]

14. Where do parents get application forms?

Parents may obtain application forms (PI 9410) from any school district or from the Department of Public Instruction. The toll-free phone number for the Department of Public Instruction is 888-245-2732; the address of the open enrollment internet web site is www.dpi.state.wi.us/dpi/dfm/sms/psctoc.html. The forms are available about mid-December and are also available in Spanish.

[Wis. Stats. § 118.51 (3) (a) 1. and Wis. Adm. Code § PI 36.03 (1), PI 36.04 (2) and PI 36.05 (1)]

15. Is there a limit on the number of applications a student may submit?

A student may apply to no more than three nonresident school districts in an application period. If a student submits applications to more than three school districts, all applications submitted during that application period for the student are invalid.

[Wis. Stats. § 118.51 (3) (a) 1. and Wis. Adm. Code § PI 36.03 (1) (b) 1.]

16. Must a student apply for open enrollment every year?

Once a student is attending a nonresident school district under open enrollment, the student may continue to attend that district without reapplication, except that the nonresident school district may require the student to reapply one time and one time only; and only when the student is entering middle school, junior high or high school. If the student wishes to attend a different nonresident school district, then the student must submit a new application to the new nonresident school district. [Wis. Stats. § 118.51 (3) (c) 1.]

For more information about reapplication requirements, please go to Section IX.

17. If one or more children in a family are already open enrolled, are the students' siblings automatically entitled to attendance in the nonresident district?

No. Any siblings must apply for open enrollment in the same manner as all other students. They are entitled to preference for any spaces that exist, or may be granted a guarantee if the nonresident school district has adopted such a policy. However, if the parent misses the application deadline, the sibling may not open enroll, even if the student would have been accepted if she or he had applied. There are no exceptions to the requirement to submit a timely application for open enrollment.

[Wis. Stats. § 118.51 (3) (a) 1. and 2. and Wis. Adm. Code § PI 36.03 (1) (a) and PI 36.04 (2) (c)]

For more information about criteria for approval and denial and selection of students, please go to Section IV.

18. May a school district create its own application form and/or request supplemental information from or about the student?

No. The only application form that may be used is the one created by the Department of Public Instruction. By signing the form, the parent grants permission for the nonresident school district to request information about whether the student has been referred for a special education evaluation and/or whether the student is a child with a disability and, if so, the student's individualized education plan (IEP). The parent's signature on the form also acknowledges that the nonresident school district may request information about whether the student has been expelled from any school district during the current or preceding two school years. No other information may be requested by the nonresident school district as part of the application process. After notifying a parent that the open enrollment has been approved, the nonresident school district may request student records necessary to determine the school or program to which the student will be assigned.

[Wis. Stats. § 118.51 (3) (a) 1. and (15) (a) and Wis. Adm. Code § PI 36.03 (1) (e) and (2) (d)]

19. If an application form is incomplete or inaccurate, is the nonresident school district required to contact the parent to obtain the missing information?

No. The school district may contact the parent to obtain missing information or correct inaccurate information, but the additional or corrected information must be received prior to the end of the application period. [Wis. Adm. Code § PI 36.03 (2) (d)]

20. Who may sign the application form?

The application form must be signed by the student's parent or guardian. Students who are 18 years or older may sign their own forms. [Wis. Adm. Code § PI 36.02 (7) and PI 36.03 (1) (d)]

UPDATE OCTOBER 2005: This is a change from prior years. Wis. Adm. Code § PI 36.02 (1) (d) has been amended to remove a requirement that both parents must sign the form when there is a joint custody situation.

21. May a student who is currently enrolled in a private school or in a home-based private educational program apply for open enrollment?

Yes. A student who is currently enrolled in a private school or a home-based private educational program may apply for open enrollment using the same procedures as any other applicant. The student's application will be considered using the same criteria as for all other applicants. If the application is approved, the student must register in her or his resident school district prior to beginning open enrollment. This is necessary so the resident school district can obtain money through state aids and property taxes with which to pay for the student's open enrollment. Once the student begins open enrollment, the student may no longer be enrolled in a private school or home-based private educational program. [Wis. Adm. Code § PI 36.03 (1) (f) and (3) (d)]

22. Must the student live in Wisconsin in order to apply for open enrollment?

Students who do not reside in Wisconsin and/or are not attending public school in Wisconsin may apply for open enrollment during the application period. However, the student must reside in Wisconsin, in the school district indicated as the resident district on the application form, before beginning open enrollment and no later than the third Friday in September in the school year for which the application is submitted. [Wis. Adm. Code § PI 36.03 (1) (f) and (3) (c)]

23. How do family moves affect open enrollment?

If a student moves to a resident school district other than the one indicated on the application form prior to the 3^rd Friday in September of the first year of open enrollment, the student's open enrollment is void. If a student moves to a different resident school district after the third Friday in September of the first year of open enrollment or in subsequent years, the open enrollment may continue. [Wis. Adm. Code § PI 36.03 (3) (c)]

If a family is planning to move, it is essential to contact the school district's open enrollment coordinator or the Department of Public Instruction's open enrollment consultant prior to the move to find out how the move will affect the student's ability to attend the district she or he wishes to attend.

24. Can a student apply for open enrollment if she does not know where she will live during the next school year?

It is very difficult to apply for open enrollment if you do not know where you will be residing in the following school year. You must indicate a resident school district on the application form and that must be the district in which you reside on the third Friday in September immediately following the open enrollment application. You may indicate only one resident school district on a form and the resident district must be the same on all forms submitted for the student. If you do not know where you will be residing, you may guess, but if that is not the district you are residing in on the following third Friday in September, the open enrollment is void.

[Wis. Adm. Code § PI 36.03 (1) (f) and (3) (c)]

25. May foster children apply for open enrollment? Do they receive sibling preference? Who must sign the form?

Children who are in foster homes are residents of the school district in which the foster home is located. The student may apply for open enrollment in February for the following school year. The student's parent or legal guardian must sign the form. The student is not entitled to sibling preference based on a foster-relationship.

[Wis. Supreme Court State ex rel. School District v. Thayer (1889) 74 Wis. 48; Wis. Adm. Code § PI 36.02 (12) and PI 36.03 (1) (d)]

26. Does open enrollment apply to kindergarten, 4-year-old kindergarten, prekindergarten, early childhood education and school-operated day care?

A child who will be five years old by September 1 may apply for open enrollment for five-year-old kindergarten. Open enrollment applies to four-year-old kindergarten, prekindergarten, early childhood education and school-operated day care only if the child's resident school district offers the same type of program the child wishes to attend and only if the child is eligible for the program in her or his resident school district. [Wis. Stats. § 118.51 (2)]

27. If a student's resident school district offers half-day five-year-old kindergarten, may the student open enroll for full-day kindergarten in the nonresident school district, and vice versa?

Yes. In that case, the amount of the open enrollment aid transfer would be adjusted by the FTE of the program provided in the nonresident school district. The resident school district counts the student in accordance with the FTE of the program provided in the nonresident school district. [Wis. Stats. § 118.51 (2)]

28. Is a student who attends a 4-year-old kindergarten, prekindergarten, early childhood education or school-operated day care program under open enrollment required to reapply for kindergarten in the nonresident school district?

No. Once the student open enrolls into a nonresident school district, the student may continue to attend the nonresident school district without annual reapplication, except that the student may be required by the nonresident school district to reapply when the student enters middle school, junior high, or high school. [Wis. Stats. § 118.51 (3) (c)]

For more information about reapplication requirements, please go to Section IX.

29. May a child request early admission to five-year-old kindergarten?

A child must be five-years-old by September 1 to begin five-year-old kindergarten. The parent of a child who will not be five-years-old by this date may request that the nonresident school district evaluate the child for early admission. However, the nonresident school district is not required to evaluate the child and may deny the student's open enrollment based on the child not being old enough to attend school. If the nonresident school district does evaluate the child and, if the child is found not to be eligible for early admission to five-year-old kindergarten, the child may not be placed in four-year-old kindergarten unless the child's resident school district also offers four-year-old kindergarten and the child is eligible for four-year-old kindergarten in her or his resident school district. [Wis. Stats. § 118.14 (1) (b), 118.51 (2) and 121.12 (25)]

30. May a child request early admission to four-year-old kindergarten?

A child must be four-years-old by September 1 to begin four-year-old kindergarten. A child who will not be four-years-old by this date may request that both the resident school district and nonresident school district evaluate the child for early admission. The child must be found eligible by both school districts in order to open enroll, even if the criteria are different.

However, the nonresident school district is not required to evaluate the child and may deny the student's open enrollment based on the child not being old enough to attend school.

[Wis. Stats. § 118.14 (1) (b), 118.51 (2) and 121.12 (25)]

31. What constitutes "the same type of program?"

If students enrolled in both programs are eligible to be counted for state aid and revenue limit membership, the programs are the same type of program. If either or both district's programs are not eligible for equalization aid, the districts must compare the programs to determine if they are the same type of program. In comparing four-year-old kindergarten and prekindergarten programs (also sometimes referred to as "junior kindergarten"), the two school districts must examine the following: the hours of instruction; the character of the instruction; the target population; and certification of teachers. [2002 WI DPI D&O 1173]

In evaluating requests to open enroll for early childhood education (which is a special education program) the districts must examine the programs in light of the student's individualized education program (IEP).

32. Can a school district deny a student's application to open enroll?

Yes. Both the resident and nonresident school districts may deny an application for reasons specified in statute. In addition, either school district may deny an application if the student is ineligible or if the application is invalid.

33. What constitutes an "ineligible" application?

• The application was late; that is, the application was not physically received in the nonresident school district by 4:00 p.m. on the last day of the application period.

[Wis. Adm. Code § PI 360.3 (1) (a)]

• The application was incomplete or was deliberately falsified.

[Wis. Adm. Code § PI 36.03 (1) (c)]

• The application is not signed. (See Question 20)

[Wis. Adm. Code § PI 36.03 (1) (d)]

• The student is not eligible for open enrollment because the child's resident school district does not offer the same 4-year-old kindergarten, prekindergarten, early childhood education program, or school-operated day care program that the child requests or the child is not eligible for the program in her or his resident school district.

[Wis. Stats. § 118.51 (2)]

• The child does not meet the age requirements for school attendance (four-years-old by September 1 for admission to 4-year-old kindergarten or five-years-old by September 1 for admission to 5-year-old kindergarten). [Wis. Stats. § 121.12 (25)]

• The application did not indicate a resident school district, or more than one resident school district was indicated on one or multiple applications.

[Wis. Adm. Code § PI 36.03 (1) (b) 2.]

• Applications for the student were submitted to more than three nonresident school districts. [Wis. Stats. § 118.51 (3) (a) and Wis. Adm. Code § (1) ( b) 1.]

34. When will a parent find out if the application is approved or denied?

Nonresident school districts must notify parents of approval or denial no later than the third Friday following the first Monday in April after receiving the open enrollment application (postmark). Resident school districts must notify parents by that date if the application is denied; though most resident districts notify of both approval and denial.

[Wis. Stats. § 118.51 (3) (a) 3. and 4. and Wis. Adm. Code § PI 36.04 (8) and PI 36.05 (7)]

The date on which approval and denial notices must be postmarked in upcoming school years follows:

2006-07 school year: April 7, 2006

2007-08 school year: April l6, 2007

2008-09 school year: April 11, 2008

2009-10 school year: April 10, 2009

2010-11 school year: April 9, 2010

35. What must a school district include in a notice of denial?

The school district must indicate the reason for the denial and must notify the parent that the parent may appeal the denial to the Department of Public Instruction within 30 days of the day the notice of denial is postmarked or is delivered to the parent, whichever is sooner. The resident school district may use form PI 9417 to issue its approval or denial. The nonresident school district may use form PI 9416 to issue its approval or denial. [Wis. Stats. § 118.51 (3) (a) 3. and 4. and Wis. Adm. Code § PI 36.04 (8) and (9) and PI 36.05 (7) and (8)]

36. If a school district discovers an application was falsified after having approved the application, can the district rescind its approval?

A school district may deny an application that was deliberately falsified and may rescind an approval if the deliberate falsification is discovered after the application was approved.

[Wis. Adm. Code § PI 36.03 (1) (c)]

37. What are the reasons a nonresident school district may deny open enrollment?

A nonresident school district may deny open enrollment for the following reasons:

• Space is not available in the school, program, class or grade the student would attend.

[Wis. Stats. § 118.51 (5) (a) 1.]

• The student is currently expelled and the expulsion will extend into the school year for which the application is submitted. [Wis. Stats. § 120.13 (1) (f)]

• The student has been expelled during the current or preceding two school years for certain conduct specified in statute. [Wis. Stats. § 118.51 (5) (a) 2.]

• The special education or related services required by the student's individualized education program (IEP) are not available in the nonresident school district or there is no space in the special education or related services required by the student's IEP.

[Wis. Stats. § 118.51 (5) (a) 4.]

• The student has been referred for a special education evaluation but has not been evaluated. [Wis. Stats. § 118.51 (5) (a) 6.]

• The nonresident school district must deny the open enrollment if the student's transfer would increase racial imbalance in the school district. This applies only to school districts that are eligible for aid under subch. VI of ch. 121 - referred to as the Chapter 220 integration program. [Wis. Stats. § 118.51 (7)]

For more information about space, please go to Section V.

For more information about students with disabilities, please go to Section VI.

For more information about expelled students, please go to Section VIII.

38. If there are more applications than spaces, how are students selected?

If there are more applications than spaces for a particular grade or program, the school district must first approve students who are currently attending school in the district and siblings of currently-attending students (referred to as "preference" students). If there are more preference students than there are spaces, the district must select among the preference students randomly. If there are still spaces after approving all preference students, the district must select the remaining students randomly. [Wis. Stats. § 118.51 (3) (a) 2. and Wis. Adm. Code § PI 36.04 (6) (a)]

If, in the random selection process, a student is selected, that student's siblings must be granted preference to the next available spaces. If there are no spaces remaining in the sibling's grade, the sibling must be denied. [Wis. Adm. Code § PI 36.04 (6) (b)]

39. What are the reasons a resident school district may deny open enrollment?

A resident school district may deny open enrollment for the following reasons:

• The resident school district may deny the application if the cost of the student's special education and related services in the nonresident school district imposes an undue financial burden on the resident school district. [Wis. Stats. § 118.51 (12) (b) 1.]

• The resident district must deny open enrollment if the student's transfer would increase racial imbalance in the school district (applies only to school districts that are eligible for aid under subch. VI of ch. 121 - referred to as the Chapter 220 integration program).

[Wis. Stats. § 118.51 (7)]

UPDATE OCTOBER 2005: Beginning with applications for the 2006-07 school year, resident school districts are no longer permitted to limit the percent of students leaving the district. [Wis. Stats. § 118.51 (6)]

40. Can a school district adopt additional criteria for approving and denying applications?

No. A school district may deny open enrollment applications only for reasons specified in statute. [Wis. Stats. § 118.51 (5) (intro.)]

41. Are currently-attending students automatically approved?

No. The open enrollment statute permits school districts to guarantee acceptance to currently-attending students. If the school board wishes to grant this guarantee, it may adopt a policy to do so. If the school board has not adopted a policy to guarantee acceptance to currently-attending students, it must grant preferences to spaces available, but it may not make exceptions to its space criteria. [Wis. Stats. § 118.51 (3) (a) 2. and McMorrow v. DPI, 2000 WI App 173]

42. Are siblings automatically approved?

No. The open enrollment statute permits school districts to guarantee acceptance to siblings of currently-attending students. If the school board wishes to grant this guarantee, it may adopt a policy to do so. If the school board has not adopted a policy to guarantee acceptance to siblings of currently-attending students, it must grant preferences to spaces available, but it may not make exceptions to its space criteria.

[Wis. Stats. § 118.51 (3) (a) 2. and McMorrow v. DPI, 2000 WI App 173]

43. Who are siblings?

Siblings are children who share one or two parents by birth or adoption. Siblings are entitled to preference whether or not they reside in the same household. For open enrollment preference, sibling also includes step-siblings who reside in the same household. It does not include other children who reside in the same household such as cousins, uncles, aunts, foster children or children unrelated by birth, adoption or marriage.

[Wis. Adm. Code § PI 36.01 (12); 2002 WI DPI D&O 1199 and 2002 WI DPI D&O 1206]

44. If an application is denied, does a parent have any recourse?

A parent may appeal a school district's denial to the Department of Public Instruction within 30 days of receiving the notice of denial. The Department is required by statute to uphold the school district's decision unless it finds the district was arbitrary or unreasonable. The Department's decision may be appealed to circuit court in the county in which the appellant resides.

[Wis. Stats. § 118.51 (9) and 227.53 and Wis. Adm. Code § PI 36.10 (4) (b)]

For information on filing an appeal and the appeal process, please go to Section X.

45. Can a school board include building capacity as part of its space criteria?

Yes. The nonresident school board may consider space available in the schools, programs, classes and grades in the district. [Wis. Stats. § 118.51 (5) (a) 1]

46. Is a school district required to adopt class size limits and pupil-teacher ratios as a result of the open enrollment law?

The open enrollment law does not require a school board to adopt class size limits or pupil-teacher ratios specifically for the purpose of open enrollment. The school board must designate the number of spaces available in the district and is permitted to consider a number of factors in determining the space availability, such as, class size limits, pupil-teacher ratios, enrollment projections, tuition agreements with other school districts, and students currently attending school in the district and their siblings. The school board’s space determination cannot be either arbitrary or unreasonable and must be defended to the Department of Public Instruction if a denial based on the criteria is appealed. Any criteria the school board uses must meet statutory requirements, must not be arbitrary and must have a reasonable justification for denying an application. [McMorrow v. DPI, 2000 WI App 173]

47. If a school district does have an established class size limit, for example 25:1, must it accept open enrolled students up to the maximum class size?

The school district is permitted to use enrollment projections in determining space availability. If the district wishes to "reserve" some spaces for school district growth, it may do so. However, it may not be arbitrary or unreasonable in setting the threshold for determining spaces and it must consistently apply whatever criteria and/or threshold it determines is appropriate in designating spaces. [Wis. Stats. § 118.51 (3) (a) 1. and McMorrow v. DPI, 2000 WI App 173]

48. Can a school district make exceptions to its space criteria?

The Wisconsin Appeals Court, in McMorrow v. DPI, 2000 WI App 173, found that it is arbitrary for a school board to make exceptions to its space criteria.

49. Can a school district exclude certain grades from open enrollment?

A school board must accept open enrollment students in all grades in which it has space.

[Wis. Stats. § 118.51 (3) (a) (intro) and 1. and 2002 WI DPI D&O 1296]

50. Can a school district set a maximum number or percent of nonresident students in the school district?

A school district must make a determination based solely on space available in the school district. It may not make a determination based on some other factor, such as a maximum desired percent of nonresident students. [Wis. Stats. § 118.51 (3) (a) (intro) and 1.]

51. If a nonresident school district accepts a student and later determines it does not have space, can it rescind the open enrollment?

No. Once a student is approved for open enrollment, that student must be permitted to open enroll and continue attending the nonresident district without reapplication, except that the nonresident district may require the student to reapply one time and one time only; and only when the student is entering middle school, junior high or high school. If the student wishes to attend a different nonresident school district, then the student must submit a new application to the new nonresident school district. [Wis. Stats. § 118.51 (3) (c) 1. and 2.]

For more information about reapplication requirements, please go to Section IX.

52. If a student requests a specific school or program, is the student guaranteed that program if the application is approved?

No. A student may request a specific school or program, but assignment to that program is not guaranteed. [Wis. Stats. § 118.51 (3) (a) 1. and (10)]

53. If a student's application for open enrollment is approved, but the student is assigned to a different school than requested, can the student appeal the school assignment?

No. Only a denial of open enrollment to a school district may be appealed to the Department of Public Instruction. If an application is approved, but the student is not assigned to the specific school requested, the parent must decide whether to accept the alternative assignment or to forego open enrollment. [Wis. Stats. § 118.51 (9)]

54. Can a school district give preference in assignment to specific schools to school district residents?

Yes. [Wis. Stats. § 118.51 (10)]

55. Can a school district establish a waiting list of students who have been denied?

A nonresident school district is permitted to adopt a policy to establish a waiting list of students who have been denied open enrollment due to space. The district must establish the waiting list at the same time and using the same criteria it used to accept applications. The district must notify the parent in writing if the student is accepted from the list and must give the parents 10 calendar days to respond, after which the space may be offered to the next student on the list. The last day on which students may be offered space from the waiting list is the third Friday in August. [Wis. Stats. § 118.51 (5) (d) and Wis. Adm. Code § PI 36.04 (1) (b)]

56. Can a nonresident school district refuse to accept a student with a disability?

The open enrollment law allows a school district to deny open enrollment if it does not have space in the school, program, class or grade. If the student needs special education or related services in accordance with an individualized education program (IEP), the school district may deny the application if the special education or related services are not available in the school district or if there is no space in the special education or related services. However, a school board may not deny a student simply because the student has a disability and may not deny the student based on the category of the student's disability.

[Wis. Stats. § 118.13 (1) and 118.51 (5) (a) 4.]

57. Can a nonresident school district deny a student with a disability based solely on the category of the disability?

No. [Wis. Stats. § 118.13 (1) and 118.51 (5) (a) 4. and 6. and (12) a.]

58. How does a nonresident school district find out if an applicant is a student with a disability?

The application form requires the parent to indicate whether the student has ever been found, by an individualized education program (IEP) team to have a disability; whether the student has an IEP, and whether the student has been referred for a special education evaluation that has not been completed. Further, by signing the application form, the parent grants permission for the nonresident school district to request information about the child’s special education program, including a copy of the IEP. [Wis. Adm. Code § PI 36.03 (1) (e)]

59. How does the nonresident school district find out what special education and related services are needed by a student with a disability?

The nonresident school district may request information about the child’s special education program, including a copy of the IEP, from the school the child attends.

[Wis. Adm. Code § PI 36.03 (1) (e)]

60. How is open enrollment funded for students with disabilities?

The nonresident school district submits a bill directly to the resident school district for the cost of the special education and related services. The amount to be billed is equal to the transfer amount for regular education students plus any actual, additional, special education costs to educate the student. [Doe v. Burmaster, U.S. District Court Eastern District 03-CV-892]

61. What are "actual, additional special education costs?"

Actual, additional special education costs are actual costs incurred by the school district that are specific to the student and would not be incurred if the student were not attending the nonresident school district. It does not include averaged or prorated costs the school district is already paying.

[Doe v. Burmaster, U.S. District Court Eastern District 03-CV-892]

62. Can a resident school district refuse to allow a student with a disability to transfer out of the school district?

The resident school district may deny the open enrollment if the cost of the student's special education and related services in the nonresident school district is an "undue financial burden" to the resident school district. [Wis. Stats. § 118.51 (12) (b) 1.]

63. What is an undue financial burden?

The statute defines "undue financial burden" as "in light of the resident school district's total economic circumstances, including its revenue limit, its ability to pay tuition costs for the pupil and the per pupil special education or related services costs for children with disabilities continuing to be served by the nonresident school district"

[Wis. Stats. § 118.51 (12) (b) 1.]

64. Which school district is responsible for providing a free, appropriate public education (FAPE) for an open-enrolled student with a disability?

The nonresident school district is responsible for providing a free, appropriate public education (FAPE) for an open-enrolled student with a disability.

[Wis. Stats. § 115.(1) and (1m) (b). See also www.dpi.state.wi.us/dpi/dlsea/een/bul99-01.html]

65. If an open-enrolled student is suspected of having a disability, to which school district is the referral made?

If an open-enrolled student is suspected of having a disability, the referral may be made to either the resident or the nonresident school district. Whichever school district receives the referral must notify the other school district. [Wis. Stats. § 115.777 (1)]

66. Which school district is responsible for evaluating and re-evaluating an open-enrolled student with a disability?

The nonresident school district is responsible to convene an individualized education program (IEP) team to evaluate the student. The resident school district is required to appoint a member to the IEP team. [Wis. Stats. § 115.78 (1) and 115.782 (2) (d)]

67. Which school district is responsible for developing an individual education program (IEP) and providing a placement?

The nonresident school district is responsible to develop an IEP and provide a placement. If the nonresident school district does not offer the special education or related services required in the IEP or if it does not have space in the special education or related services required in the IEP, it may notify the parent and the resident school district that the special education or related services are not available in the nonresident school district. If this notification is made, the child must be transferred to the resident school district, which must provide a placement for the child.

[Wis. Stats. § 115.78 (1) and 118.51 (12) (a)]

68. Which school district is responsible for procedural safeguards and due process?

The nonresident school district must give parents a description of the procedural safeguards available under chapter 115 when the child is initially referred for evaluation, upon each notification of an individualized education program (IEP) meeting, and upon reevaluation of the child. [Wis. Stats. §115.792 (3) (a)]

69. Are there any circumstances in which a student with a disability can be required to return to the resident school district?

If an individualized education program (IEP) is developed or revised after a child begins attending a nonresident school district under open enrollment, the student may be required to return to the resident school district if:

• The nonresident school district does not offer the special education or related services required in the new or revised IEP or does not have space to provide the special education or related services required in the IEP, [Wis. Stats. § 118.51 (12) (a)] or

• The resident school district determines that the cost of the special education and related services required in the IEP impose an "undue financial burden" on the resident school district. [Wis. Stats. § 118.51 (12) (b) 2.]

If either district determines the student must return to the resident school district, it must notify the parent and other school district. If this notification is made, the child must be transferred to the resident school district, which must provide a placement for the child.

70. What happens if a "regular education" open enrolled student is found to have a disability?

• If a student who is open enrolled is referred for a special education evaluation, the school district that receives the referral shall notify the "other" school district of the referral.

[Wis. Stats. § 115.777 (1)]

• The nonresident school district must convene an individualized education program (IEP) team to evaluate the child. The resident school district must appoint a member to the IEP team. [Wis. Stats. § 115.78 (1) and 115.782 (2) (d)]

• If the child is found to have a disability, the IEP team must develop an IEP and the nonresident school district must provide a placement for the child. The nonresident school district must send an estimate to the resident school district of the actual, additional, special education costs to educate the student in the nonresident school district. [Wis. Stats. § 115.78 (1)]

If the nonresident school district does not offer the special education or related services required in the IEP or if it does not have space in the special education or related services required in the IEP, it may notify the parent and the resident school district that the special education or related services are not available in the nonresident school district. If this notification is made, the child must be transferred to the resident school district, which must provide a placement for the child.

[Wis. Stats. § 118.51 (12) (a)]

If the resident school district determines that the cost of the special education and related services required in the IEP impose an "undue financial burden" on the resident school district, it may notify the parent and the nonresident school district that the cost is an undue financial burden. If this notification is made, the child must be transferred to the resident school district, which must provide a placement for the child. [Wis. Stats. § 118.51 (12) (b) 2.]

71. If a nonresident school district discontinues a special education or related service in the school district, may the nonresident school district require a student with a disability to return to the resident school district?

The nonresident school district may only require the student to return to the resident school district if the special education or related services required in a individualized education program (IEP) developed or revised after the student begins attending school in the nonresident school district requires special education or related services not available in the nonresident school district or if there is no space in the special education or related services. Thus, if there is no development or revision of the IEP, the nonresident school district may not require the child to return to the resident school district. However, the nonresident school district may provide a placement in any manner permitted by the special education law. [2002 WI DPI D&O 1258]

72. If the special education or related service becomes over-crowded in a nonresident school, may the nonresident school district require a student with a disability to return to the resident school district?

The nonresident school district may only require the student to return to the resident school district if the special education or related services required in a individualized education program (IEP) developed or revised after the student begins attending school in the nonresident school district requires special education or related services not available in the nonresident school district or if there is no space in the special education or related services. Thus, if there is no development or revision of the IEP, the nonresident school district may not require the child to return to the resident school district. [2002 WI DPI D&O 1258]

73. Who is responsible for providing transportation for open enrolled students with disabilities?

Parents are responsible for transporting students to and from school for open enrollment. This is true for parents of student with disabilities, except that the nonresident school district must provide any transportation required in a child's individualized education program (IEP).

[Wis. Stats. § 118.51 (a) 1. and 2. See also www.dpi.state.wi.us/dpi/dlsea/een/bul03-06.html]

74. Which school district includes the student in its December 1 child count for IDEA?

The nonresident school district includes the student in the December 1 child count.

75. Which school district receives special education categorical aid for open enrolled students with disabilities?

The nonresident school district claims the categorical aid. If special education costs are charged to the resident school district, a portion of the categorical aid provides that a proportional share of state or federal aid received for the pupil is to be rebated to the resident school district.

[Wis. Stats. § 115.88 (1m) and 121.75 (2) (c)]

76. Can a nonresident school district deny a student who needs services under Section 504?

No. A school district may deny a student who needs services under Section 504 only for the same reasons it may deny a regular education student. [Wis. Stats. § 118.51 (5) (intro.)]

77. Can a nonresident school district charge the resident school district for the cost of providing services under Section 504?

No. The statutes provide for charging tuition only for students needing special education or related services under chapter 115. [Wis. Stats. § 118.51 (17)]

78. Can a resident school district refuse to allow a student with a disability to transfer out of the school district?

The resident school district may deny the open enrollment if the cost of the student's special education and related services in the nonresident school district "as proposed to be implemented by the nonresident school district would impose upon the child's resident school district an undue financial burden." [Wis. Stats. § 118.51 (12) (b) 1.]

79. What is undue financial burden?

The statute defines "undue financial burden" as "in light of the resident school district's total economic circumstances, including its revenue limit, its ability to pay tuition costs for the pupil and the per pupil special education or related services costs for children with disabilities continuing to be served by the nonresident school district" Wis. Stats. § 118.51 (12) (b) 1.]

80. How does the resident school district find out the cost of providing the special education and related services in the nonresident school district?

In an initial open enrollment application, the resident school district must provide a copy of the student's IEP to the nonresident school district. By March 15, the nonresident school district must send to the resident school district an estimate of the actual, additional special education costs to educate the student. The estimate must be made using form PI 2092. See www.dpi.state.wi.us/dpi/dfm/sms/xls/pi2092.xls.

81. Is there a formula to define what constitutes an "undue financial burden?"

There is no state-set formula for deciding what constitutes an "undue financial burden." Once the resident school district has received the nonresident school district's estimate of the actual, additional, student-specific special education costs to implement the individualized education program (IEP), the resident school district must examine its total economic circumstances and determine whether the cost is an undue financial burden. The decision may not be arbitrary or unreasonable. [Wis. Stats. § 118.51 (9) and (12) (b) 1.]

82. What are some examples of an "arbitrary or unreasonable" decision concerning undue financial burden?

A decision to deny a student's open enrollment due to undue financial burden is arbitrary or unreasonable if it is:

• Made without considering the estimated cost in light of the school district's economic circumstances. There must be an estimate and there must be an examination of the district's economic circumstances to determine whether the cost is an undue financial burden. [2002 WI DPI D&O 1332]

• Based solely on the assumption that the resident school district can meet the requirements of the student's IEP. [2002 WI DPI D&O 1172]

• Based solely on the assumption that the resident school district can provide the special education and related services less expensively. [2003 WI DPI D&O 1570]

• Based on the resident school district's objection to the manner in which the nonresident district plans to implement the student's IEP. [2004 WI DPI D&O 1569]

• Based on a determination that any payment for the student's special education and related services is a financial burden, without consideration of whether the financial burden is "undue." [2002 WI DPI D&O 1332]

• Based on the revenue limit when a revenue limit exemption is available.

[Wis. Stats. § 121.91 (4) (a) 3. and 2000 WI DPI D&O 849]

83. Can a resident school district deny an application solely because it can provide the special education and related services required by the individualized education program (IEP)?

No. A resident school district may deny only if the cost of the special education and related services is an undue financial burden .

[Wis. Stats. § 118.51 (12) (a) and 2002 WI DPI D&O 1172]

84. Can a resident school district deny an application solely because it can provide the special education and related services less expensively than the nonresident school district can provide them?

No. A resident school district may deny only if the cost of the special education and related services is an undue financial burden.

[Wis. Stats. § 118.51 (12) (a) and 2003 WI DPI D&O 1570]

85. Can a resident school district deny an application because it would implement the IEP differently than the nonresident school district?

No. A resident school district may deny only if the cost of the special education and related services is an undue financial burden.

[Wis. Stats. § 118.51 (12) (a) and 2004 WI DPI D&O 1569]

86. Is the resident school district eligible for a transfer of service revenue limit exemption for the special education costs of open enrolled students?

Yes, but only for increased costs for services that are transferred to it from another governmental unit. Thus, students who are new residents to a school district and for whom the resident district incurs additional costs as a result of the student's open enrollment special education costs may apply for and receive a revenue limit exemption. If a school district is eligible for a revenue limit exemption for the actual, additional special education costs of an open enrolled student, the district may not cite the revenue limits as a reason for determining those costs to be an "undue financial burden." [Wis. Stats. § 121.91 (4) (a) 3. and 2000 WI DPI D&O 849]

87. Can a nonresident school district deny a student's application due to "undue financial burden?"

A nonresident school district may deny the open enrollment if the special education or related services required in the student's individualized education program (IEP) are not available in the nonresident school district or if there is no space in the special education or related services. However, the nonresident school district may not deny the open enrollment due to "undue financial burden." The nonresident school district may charge the resident school district for any actual, additional special education costs to educate the student.

Wis. Stats. § 118.51 (12) (a) and (b) and (17) and Doe v. Burmaster, U.S. District Court Eastern District 03-CV-892]

88. Can expelled students participate in open enrollment?

A student who has been expelled may apply for open enrollment and may participate if approved. However a nonresident school district may deny the student's application if:

• The student is serving an expulsion that will extend into the school year for which open enrollment is requested (regardless of the reason for expulsion);

[Wis. Stats. § 120.13 (1) (f)] and/or

• The student has been expelled at any time during the current or preceding two school years if the expulsion was for any of the following reasons:

  • Conveying or causing to convey any threat, false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives.

  • Engaging in conduct while at school or while under the supervision of a school authority that endangered the health, safety, or property of others.

  • Engaging in conduct while not at school or while not under the supervision of a school authority that endangered the health, safety, or property of others at school or under the supervision of a school authority or of any employee of the school district or member of the school board.

  • Possessing a dangerous weapon, as defined in Wis. Stats. § 939.22 (1) while at school or while under the supervision of a school authority.

[Wis. Stats. § 118.51 (5) (a) 2 a. to d.]

In addition, a nonresident school district may deny a student who is the subject of a pending disciplinary proceeding if the disciplinary proceeding is based on any of the above reasons.

[Wis. Stats. § 118.51 (5