Section PI 36.09 - Termination of open enrollment(1) EXPULSION. If a pupil is expelled by the nonresident school board, the nonresident school board may terminate the pupil's open enrollment. If the nonresident school board does not terminate the expelled pupil's open enrollment, the following provisions apply: (a) If the pupil is a child with a disability, the nonresident school board shall provide services in accordance with 34 CFR 300.530(d).(b) The nonresident school board may assign the pupil to an alternative school in the school district.(2) HABITUAL TRUANCY. (a) Before a nonresident school board may prohibit a pupil's attendance in a succeeding semester or school year under s. 118.51(11), Stats., the nonresident school board shall do all of the following: 1. Provide the following notifications to the parent and the pupil when the pupil enrolls in the nonresident school district: a. The school board's truancy and attendance policy.b. The open enrollment consequences of habitual truancy.c. A clear explanation of what constitutes truancy, including what constitutes "part of a school day."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.e. How and where the parent can view the pupil's attendance record. 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.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.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). (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: 1. That the parent or pupil knew or should have known the pupil's open enrollment could be terminated for habitual truancy.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.(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.(4) OTHER CIRCUMSTANCES. A pupil's open enrollment is terminated when: (a) The pupil withdraws from the nonresident school district.(b) The pupil moves into the nonresident school district.(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.(d) The pupil ceases to be a resident of this state.(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.(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.(g) The pupil has been returned to the resident school district under s. 118.51(12), Stats.(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.Wis. Admin. Code Department of Public Instruction PI 36.09
CR 14-021: cr. Register August 2014 No. 704, eff. 9-1-14.Amended by, CR 21-082: cr. (5) Register May 2022 No. 797, eff. 6/1/2022