Section PI 36.04 - Nonresident school board(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.(2) BOARD POLICIES. (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.(b) The policy shall include all of the provisions required in s. 118.51(4) (a), Stats., and the following: 1. Which pupils, if any, will be guaranteed approval under sub. (3).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.3. If the nonresident school board establishes a waiting list under s. 118.51(5) (d), Stats., the procedure required under sub. (5).4. If required under sub. (6), a habitual truant policy.5. A procedure to receive and date applications that are received during the regular application period.(c) The policy shall establish criteria to determine the number of spaces available in each grade in the school district, as follows: 1. The board may establish criteria solely for the purpose of designating open enrollment spaces.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.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.(3) GUARANTEED APPROVAL. (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.(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.(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: 1. Currently-attending pupils or currently-attending pupils and siblings of currently-attending pupils who apply during the following regular application period.2. Currently-attending pupils or currently-attending pupils and siblings of currently-attending pupils who apply under the alternative application procedure.(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.(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.(4) PREFERENCE. (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.(b) If neither currently-attending pupils nor siblings of currently-attending pupils are guaranteed approval, both shall be granted equal preference to available spaces.(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.(5) WAITING LIST. (a) If a nonresident school board creates a waiting list under s. 118.51(5) (d), Stats., it shall do the following: 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.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:a. The school or program to which the pupil will be assigned.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. 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. (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.(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: (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.(b) Is consistent with the school board's truancy and attendance policy.(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.(d) Provides a process a parent or pupil may follow if they believe the pupil was erroneously marked as truant.(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.Wis. Admin. Code Department of Public Instruction PI 36.04
CR 14-021: r. and recr. Register August 2014 No. 704, eff. 9-1-14.Amended by, EmR1832: emerg. am. eff. 12-14-18; CR 18-096: am. (7) Register May 2019 No. 761, eff. 6/1/2019Amended by, CR 21-082: am (3) (d), (e), r. (3) (f) Register May 2022 No. 797, eff. 6/1/2022