5113 - ADMISSION OF STUDENTS PARTICIPATING UNDER OPEN-ENROLLMENT

School District Of Westfield

Administrative Guidelines

5113 - ADMISSION OF STUDENTS PARTICIPATING UNDER OPEN-ENROLLMENT

The School District will participate in the Wisconsin Public School Open Enrollment Program in accordance with applicable law and the relevant policies and rules of the District, all as amended from time-to-time. More specifically, the District, in administering its participation will:

	A.	harmonize to the extent possible Sections 118.145(4), 118.51, and 118.52;

	B.	give priority to its resident students regarding intra-District open enrollment opportunities;

	C.	take account, as appropriate, of individual rights under the Wisconsin and United States Constitution.

Full-Time Open Enrollment

A.	Application Procedures for Nonresident Students

	Applications from nonresidents for full-time open enrollment into a District school must:

	1.	be submitted on the form provided by the Department of Public Instruction ("DPI"); and

	2.	be received between the first Monday in February and the last weekday in April, unless otherwise provided by the DPI or as described in Section K, below - Alternative Application Procedures.

	If a student submits applications to more than three (3) nonresident school districts, all applications submitted are invalid.


	Untimely applications will not be processed nor will the review process be delayed by failure to submit supporting documentation. Copies of all nonresident student applications will be sent to the resident school district of each nonresident student and the DPI no later than the first weekday after the last weekday in April, unless otherwise provided by the DPI.

	The District shall provide to any nonresident district to which a resident student with a disability has applied for open enrollment a copy of the student’s Individualized Education Program no later than the first Friday following the first Monday in May.

B.	Timetable for Decisions on Applications

	District decisions on full-time open enrollment applications will be made after April 30th and no later than the Friday following the first Monday in June, unless otherwise provided by the DPI.

C.	Procedure for Processing of Open Enrollment Applications

	If there are more applications than spaces, the Board will fill the available spaces by random selection, provided that first priority will be given to nonresident students already attending District schools and their siblings.

	If the District determines that space is not otherwise available for open enrollment students in the grade or program to which an individual has applied, the District may nevertheless accept an applicant, who is already attending school in the District.

D.	Decisional Criteria for Nonresident Applications

	Decisions on nonresident open enrollment applications will be based only on the following criteria:

	1.	Whether there is space available for nonresident transfer students. In determining the amount of space available, the District will count resident students, tuition waiver students under 121.84 Wis. Stats., and may include in its counted occupied spaces students and siblings of students who have applied under Section 118.51(3)(a) and are already attending public school in the District. Other factors the District Administrator shall consider include, but shall not be limited to, the following:


	a.	District practices, policies, procedures or other factors regarding class size ranges for particular programs or classes.

	b.	District practices, policies, procedures or other factors regarding faculty-student ratio ranges for particular programs, classes, or buildings.

	c.	Enrollment projections for the schools of the District which include, but are not limited to, the following factors: the likely short and long-term economic development in the community, projected student transfers in and out of the District, preference requirements for siblings of nonresident open enrollment students, the required length of K-12 attendance opportunities for open enrollment students and current and future space needs for special programs, laboratories (e.g. in technology or foreign languages) or similar District educational initiatives.

	d.	The number of nonresident students currently attending the schools of the District for whom tuition is paid by another district under Section 121.78(1)(a), Wis. Stats.

	e.	The number of resident home schooled or private school students likely to attend the schools of the District in accordance with Section 118.415, Wis. Stats.

2.	Whether an applicant for a pre-kindergarten, early childhood or school operated day care program resides in a district which offers the program for which application is made.


3.	Whether the nonresident student has been expelled from any school district within the current school year or the two (2) preceding school years, or is pending any disciplinary proceeding, based on any of the following activities:

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

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

	c.	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 school employee or Board member.

	d.	Possessing a dangerous weapon (as defined in Section 939.22(10), Wis. Stats.) while on school property or under school supervision.

		(Note 1: Notwithstanding the Board’s acceptance of a nonresident student’s application, the Board may withdraw acceptance if, prior to the beginning of the first school year in which the nonresident student will attend a school in the District, s/he is determined to fall under paragraph D. 3.)

		(Note 2: The Board may request a copy of a nonresident student’s disciplinary records from the resident School Board).

4.	Whether the special education program or related services described in the nonresident student’s individualized education program ("IEP"), if any, are available in the District.


		5.	Whether there is space available in the District for the special education program identified in the nonresident student’s IEP, after consideration of class size limits, student-teacher ratios, and enrollment projections. (See paragraph D. 1. above).

		6.	Whether the nonresident student has been screened by the resident School Board to determine if there is reasonable cause to believe that s/he is a child with exceptional educational needs.

		7.	Whether the resident School Board has been informed that the nonresident student may have exceptional education needs, but has not yet been evaluated by a multi-disciplinary team.

		8.	Whether the application of a nonresident student has been denied by the District of which s/he is a resident.

			(Note: If a nonresident student’s IEP is developed or changed after starting in the District, and it is then discovered that the District does not have necessary programs available or does not have space in the special education program, the nonresident may be returned to the resident school district.)

		9.	Whether the nonresident school board has made a determination that a student attending the nonresident school district is habitually truant from the nonresident school district during either semester of the current school year, the nonresident school board may prohibit the student from attending the nonresident school district in the succeeding semester or school year.

E.	Procedure for Evaluating Applications by District Residents to Transfer to Another District

	The Board will consider only the following criteria for denying resident applications:

		Whether the resident student is a special education student and the implementation of his/her IEP in the other district would impose an undue financial burden on the District.

		(Note: Notwithstanding the Board’s approval of a resident student’s application, the Board may withdraw approval if, after the District student has begun in the other school district, the IEP as implemented by the nonresident school district would impose an undue financial burden on the District.)

F.	Notice of Decisions

	Written notice of acceptance or denial of nonresident applications must be sent to all applicants on or before the first Friday following the first Monday in June.Nonresident students whose applications are accepted shall be notified of the specific school or program that the student may attend the following school year.

	The District shall notify any resident student and the nonresident school district if the Board denies enrollment in the nonresident district in writing by the second Friday following the first Monday in June.


Notices of denial will include a reason for the determination.

1.	Additional Notices When a Nonresident Student is Accepted

	If the Board approves an open enrollment application of a nonresident student it will also send the following notices:

	a.	written notice to the applicant no later than the first Friday following the first Monday in June of the specific school or program that the applicant may attend during the following school year; and

	b.	notice to the resident School Board no later than July 7th stating the name of the student.

		The parents or guardians of an accepted nonresident student must notify the Board no later than the last Friday in June of the student’s intent to attend school in the District during the following school year.

	c.	If an accepted nonresident student has not attended school in the district by the third Friday in September, the open enrollment is terminated.

2.	Additional Notice if a Resident Student’s Application to Another District is Denied

	If the Board denies a resident’s application to attend another district, it shall send a copy of the notice of denial to the other district on or before second Friday following the first Monday in June.


		The District shall provide the disciplinary records of any resident student that applies for enrollment in a non-resident school district. Such disciplinary records should include, but are not limited to: A copy of any expulsion findings and orders pertaining to the student; a copy of any records of any pending disciplinary proceedings and the length of term of the expulsion; or the possible outcomes of the pending disciplinary proceedings. Such records shall be provided no later than the first Friday following the first Monday in May or within ten (10) days of an application under the Alternative Application Procedures (Section K below).

G.	Reapplication Procedures

	The Board does not require accepted nonresident students to reapply under the open enrollment policy when the nonresident student enters middle school, or high school. A nonresident student may be required to reapply only once.

H.	Transportation

	The parents or guardians of a student attending a nonresident school district will be solely responsible for providing transportation to and from the school site or, if space is available, or to a scheduled in-District bus stop, unless the nonresident student is a special education student and transportation is required by his/her IEP.

I.	Tuition Payment

	1.	The Board shall pay to the nonresident school board tuition calculated under Section 121.83, Wis. Stats., for District special education students attending school in the nonresident school district.

	2.	Tuition Waivers

		Students are eligible for tuition waivers as follows:

		a.	Current Year Permissive

			When the student was:

			1)	a resident of the School District on July 1st;

	2)	enrolled in the School District on July 1st of the current school year; and

	3)	after July 1st changes residence by moving to a new school district.

	The District may permit the student to complete the school year. The school district of attendance (the nonresident school district) counts the student in membership.

b.	Current Year Mandatory

	When the student:

	1)	was a resident of the School District and enrolled on either the third Friday in September or the second Friday in January of the current school year;

	2)	was enrolled in the School District for at least twenty (20) school days during the current school year; and

	3)	changes residence by moving to a new school district.

	The District must permit the student to complete the school year. The school district of attendance (the nonresident school district) counts the student in membership.

c.	"Additional Year" Mandatory

	When the student:

	1)	was a resident of the School District on the second Friday in January of the previous school year;

	2)	was enrolled in the School District continuously from the second Friday in January of the previous school year to the end of the school term of the previous school year;


			3)	ceased to be a resident of the School District after the first Monday in February of the previous school year; and

			4)	continues to be a resident of Wisconsin.

			The District must permit the student to attend the school year following the year in which the criteria are met. The resident district counts the student in membership and DPI transfers the open enrollment amount to the nonresident district.

J.	Rights and Privileges of Nonresident Students

	Nonresident students attending school in the District on a full-time basis will have all of the rights and privileges of resident students and will be subject to the same rules and regulations as resident students.

K.	Alternative Application Procedures

	1.	Basis for Open Enrollment Outside Regular Deadlines:

		The parent of a non-resident student who wishes to attend a school in the District may apply at any time throughout the year by submitting an application under this alternative application procedure if the student satisfies at least one of the following criteria and has not applied to more than three non-resident school districts:

		a.	The resident school board determines that the non-resident student has been the victim of a violent criminal offense, as defined by the Department of Public Instruction. An application is not valid unless the District receives the application within 30 days after the determination of the resident school board.

		b.	The student is or has been a homeless student in the current or immediately preceding school year. In this subdivision, "homeless student" means an individual who is included in the category of homeless children and youths, as defined in Policy 5111.01 – Homeless Students.


c.	The non-resident student has been the victim of repeated bullying or harassment and all of the following apply:

	1)	The student’s parent has reported the bullying or harassment to the resident school board.

	2)	Despite action taken by the parents and/or the resident school district the repeated bullying and harassment continues.

d.	The place of residence of the student’s parent or guardian and of the student has changed as a result of military orders. An application is not valid unless the District receives the application no later than 30 days after the date on which the military orders changing the place of residence were issued.

e.	The student moved into the state, but resides in another District. An application made on the basis is not valid unless the District receives the application no later than 30 days after moving into this state.

f.	The place of residence of the student has changed as a result of a court order or custody agreement or because the student was placed in a foster home or with a person other than the student’s parent, or removed from a foster home or from the home of a person other than the student’s parent. An application is not valid unless the District receives the application no later than thirty (30) days after the student’s change in residence.

g.	The parent of the non-resident student, the resident school board, and the Board agree that attending school in the District is in the best interests of the student.

	h.	The parent of a non-resident student and the Board agree, upon application by the parent, that attending school in the District is in the best interests of the student. The District shall immediately forward a copy of the application to the student’s resident district and shall inform the parent of its decision regarding the student’s best interests within 20 days of receipt of the application. If approved, the written decision shall include a designation of which school and/or program the student may enroll in.

2.	Decisions Regarding Resident Students Seeking Enrollment out of the District under the Alternative Procedure.

	The Board shall review all applications received for Open Enrollment out of the District under this section upon receipt. The District shall allow such student’s enrollment in a non-resident district unless one of the following applies:

	a.	The District determines that the criteria relied on by the applicant to qualify for the alternative application procedure does not apply to the student.

	b.	Except for a student using alternative application procedures that has been the victim of a violent crime in the District, the District may reject a resident students application if it determines that the costs of the special education or related services required in the individualized education program for a child with a disability whose parent has submitted an application as proposed to be implemented by the nonresident school district, would impose upon the child’s resident school district an undue financial burden in light of the resident school district’s total economic circumstances, including its revenue limit, its ability to pay tuition costs for the student, and the per student special education related services costs for children with disabilities continuing to be served by the District.


		3.	Appeal Procedures

			If the District rejects the application of a resident student despite agreement by the parent and a nonresident school district that the interests of the student are best served by enrollment in the non-resident school district, the parent may appeal the decision to the State Department of Public Instruction. The decision of the State Superintendent will be final.

		4.	If a non-resident student is notified that the Board has approved his or her application to enroll in the District because it is in the best interests of the student, the student may immediately begin attending the school or program in the nonresident school district and shall begin attending the school or program no later than the 15^th day following receipt by the parent or the student of the notice of acceptance from the District. If the nonresident student has not enrolled in or attended school in the District by then, the District may notify the student’s parent in writing, that the student is no longer authorized to attend the school or program in the District.

Part-Time Open Enrollment

	A.	Application Procedures

		The Board will accept open enrollment applications from nonresidents enrolled in a public school in the high school grades for individual courses. Applications must be submitted on the form provided by the DPI. Nonresidents may not attend more than two (2) courses at any time in the District. The applications must be made no later than six (6) weeks prior to the start of the course. Copies of all nonresident student applications will be sent to the resident School Board of each nonresident student. The Board must receive copies of all applications by District students seeking part-time open enrollment in other school districts.


B.	Acceptance Criteria

	Acceptance or denial of nonresident and resident part-time open enrollment applications will be made according to criteria specified and shall be made no later than one (1) week prior to the start of the course.

	(Note: In order for a student to participate in open enrollment, both the resident School Board and the nonresident school board must approve the application.)

	1.	Nonresident Acceptance Criteria

		The Board will initially determine approval of applications by nonresidents based upon the criteria stated in this paragraph. The applications of nonresidents denied under such criteria will be removed from the pool of eligible applications. If, after removing the denied applications, the number of nonresident students, District students, and students enrolling pursuant to Section 118.145(4), Wis. Stats. applying for a course exceeds the number of spaces available in the course, the Board shall give first priority to District students and then to students enrolling pursuant to Section 118.145(4), Wis. Stats. The remaining nonresident student seats shall be selected on a random basis.

		The Board shall consider only the following criteria for nonresident open enrollment applications:

		a.	The same criteria applied to District students selecting courses.

		b.	Whether the nonresident student is already enrolled in two (2) courses in the District.


	2.	Resident Acceptance Criteria

		The Board will consider approval or denial of applications of residents enrolled in the high school grades to attend courses in other school districts based upon only the following criteria:

		a.	Whether the cost of the course would impose an undue financial burden on the District in light of its total economic circumstances.

		b.	Whether the course would conflict with the IEP of a special education student.

C.	Notice of Decisions

	Written notice of acceptance or denial will be sent to all applicants no later than one (1) week prior to the start of the course. Notice of denial will include a reason for the determination and will also be sent to the nonresident school board which initially reviewed the application. Notice of acceptance shall include the name of the school the student will attend and the names of the course(s) in which s/he will enroll. If the Board approves an open enrollment application of a nonresident student it will also send a copy of the notice of acceptance to the resident school board no later than one (1) week prior to the start of the course.

D.	Resident Students Attending Other Schools

	The Board will notify a resident student no later than one (1) week prior to the start of a course in a nonresident district whether the course will satisfy District high school graduation requirements.

E.	Reapplication Procedures

	Approval of part-time open enrollment for a course in another district applies only to the semester, year or other session for which the course is offered. The Board will require nonresident students to reapply under the part-time open enrollment policy for each additional semester, year or other session for which a course is offered.


	F.	Transportation

		The parents or guardians of a student attending a course in a nonresident school district will be solely responsible for providing transportation to and from the school site.

	G.	Tuition Payment

		The Board will pay to the nonresident school board tuition in an amount equal to the cost of providing the course for District students attending courses in the nonresident district.

	H.	Rights and Privileges of Nonresident Students

		Nonresident students attending courses in the District on a part-time basis will have all of the rights and privileges of resident students and will be subject to the same rules and regulations as resident students.

Secs. 118.145(4), 118.51, 118.52, Wis. Stats.
Subchapter VI of Chapter 121, Wis. Stats.