Department of Public Instruction Open Enrollment Technical Assistance Workshops November/December 2012

Wisconsin Constitution  The legislature shall provide by law for the establishment of district schools … and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years … Article X, Section 3, Wisconsin Constitution

Wisconsin Statute  Every elementary school and high school shall be free to all pupils who reside in the school district.  If facilities are adequate, a school board … may admit nonresident pupils who meet its entrance requirements… the agency of service shall charge tuition for each nonresident pupil. Wis. Stats. § (1) (a) and (b)

Wisconsin Supreme Court State Ex. Rel. School District v. Thayer (1889) 74 Wis. 48

The Thayer Rule  Children only are entitled to free tuition as are actually residing in the district... ..,.for other, as a main purpose, than to participate in the advantages which the school affords.

 However, a minor child may have a residence for school purposes other than that of his or her parents;  Thus, if the child is living in the school district “for other, as a main purpose, than to participate in the advantages which the school affords,” the child is a resident for school purposes.

Adults & Emancipated Minors  An 18-year-old may establish her/his own residence.  A minor who has been emancipated—such as by marriage, formal or informal agreement, or parent abandonment—may establish her/his own residence.  An unaccompanied youth may be considered a resident of the school district in which s/he resides.

Determining Residency  The school district of attendance is the agency responsible for determining residency. No other district than the district of attendance is responsible for determining residency.  Must weigh all factors and determine whether child is a resident.

 Two questions: Does the child live within the district? For a purpose other than school attendance?  If yes to both questions: Child is a resident and must be permitted to attend school without payment of tuition.  If no to either question: Child is not a resident for school purposes.

Does the Child Live Within the District?  Pupil must be physically present and not just at times when school is in session. If yes, does the child live with his/her parents? If no, why is the child residing in the district?

 Physical residence = where the child lays their head at night during the school week.  No 50% rule or specified amount of time.  No requirement for intent to remain.  A business address, post office box or sham residence does not constitute residency.

With His or Her Parents?  If the child’s parents live in two school districts: Child lives with both parents ○ Child is a resident and can attend either district. Child lives exclusively with one parent ○ Child is only a resident of the district in which the child resides with that parent.

Away from Parents?  School district needs to ask the reason for the pupil’s residence away from parents, and make a determination about the primary purpose: To attend school: ○ Child is not a resident for school purposes Other than to attend school: ○ Child is a resident for school purposes.

Children in Foster and Group Homes  Children who live in non-tax exempt foster and group homes: Are residents of the school district in which the foster/group home is located.

Legal Guardianship Is Not Determinative  Legal guardianship transferred for the purpose of enabling the pupil to attend school does not confer residency.  School district may not require that legal guardianship be transferred in order for the child to meet the residency test.

Wisconsin Statute  If facilities are adequate, a school board …  May admit nonresident pupils who meet its entrance requirements…  The agency of service shall charge tuition for each nonresident pupil. Wis. Stats. § (1) (a) and (b)

Who Pays the Tuition?  The child’s resident district: If the child is open enrolled or AYTW (state transfers $ for regular education) If the school board places the child in the nonresident district either on its own or in response to a parent’s request under Wis. Stats. § (1) (d).  Tuition is equal to open enrollment transfer amount.

 The state, for children: Who reside in a children’s home. Whose parents are employed by & reside on the grounds of certain state or federal property. Who reside in tax-exempt foster or group homes outside the school district in which the child’s parent resides.  The tuition is calculated using the state tuition calculation at Wis. Stats. §

 The child’s parent: Parent-paid tuition is equal to the open enrollment transfer amount: ○ Estimated $6,445 for school year.

When May a Child Attend a School District Without Payment of Tuition?  Open enrollment - §  Senior rule - § (1) (b)  Homeless child or unaccompanied youth (McKinney-Vento Act)  Foreign exchange pupils - § (1) (c)  9-week waiver - impending move into district (9 week waiver) -. § (2)  Tuition waiver due to move out of a district - § (1) (a) and (4) (b)

Senior Rule  Senior rule: Pupil has attained senior status in the school district. Pupil was a resident of the district at the time of attaining senior status.  Nonresident district counts pupil. Wis. Stats. § (1) (b)

Homeless Children  Homeless children and unaccompanied youths,  Must be permitted to continue to attend the school of origin,  And must be provided transportation back to the school of origin,  Until they are permanently housed.  Contact: Lara or Carolyn for information about programs for homeless children and youth

Foreign Exchange Students  A school board may permit a foreign exchange student to attend school in the school district without payment of tuition. Even if the student’s host family resides in a different school district.  The school district of attendance counts the pupil in membership. Wis. Stats. § (1) (c)

Tuition Waivers & Alternative Application Procedure

Nine-Week Waiver  Written declaration that parent will establish residency in district by specified date.  District may charge tuition for 9 weeks or may waive tuition for 9 weeks.  If parent establishes residency within 9 weeks, tuition for that 9 weeks is refunded. Wis. Stats. § (2)

 If parent does not establish residency within 9 weeks, no refund of tuition fee, but another written application may be filed for next 9 weeks.  If residency is not established in next 9 weeks, no refund of tuition fee. The pupil may only continue to attend if parent enters into a tuition agreement.  If residency is established before the end of 18 weeks, the nonresident district counts pupil in membership.

Tuition Waiver Due to a Move  Permits a pupil who moves out of a school district to remain in that district long enough to apply for open enrollment during a regular application period.  Types of waivers: “Current year” ○ permissive ○ mandatory “Additional year” mandatory Wis. Stats. § (1) and (4)

Mandatory (District Must Grant) Permissive (District May Grant)  Pupil is a resident of the nonresident district: On the 3 rd Friday in September, or The 2 nd Friday in January, and At least 20 school days.  On July 1 of the current school year, pupil is: A resident of the nonresident district, Enrolled in the nonresident district, and Is not eligible for any other type of waiver. Current Year Waivers (CYTW) Nonresident district counts pupil

Additional Year Waiver (AYTW)  Nonresident district must permit pupil to attend if the pupil: Was a resident on the previous 2 nd Friday in January, and Was enrolled continuously from the 2 nd Friday to the end of the school year, and Moved out of the district after the 1 st Monday in February, and Continues to reside in Wisconsin.  Funding same as open enrollment.

 Resident district may deny AYTW: If the cost of a pupil’s special education and related services, As required in the IEP, Is an undue financial burden.  Resident district is probably eligible for a “transfer of service” revenue limit exemption.  Denial may be appealed. Additional Year Waiver (AYTW)

Alternative Application Procedure  Allows parents to apply for open enrollment at any time during the school year, if certain criteria are met.  Does the alternative application procedure replace tuition waivers? Yes and no. Tuition waiver statute is separate from open enrollment statute and was not repealed or amended. Sometimes tuition waivers make more sense, other times an alternative open enrollment is preferable.

Alternative Application Procedure Tuition Waivers  In place of AYTW: Unless the application is/will be denied by either the nonresident or resident district.  In place of CYTW: If the pupil’s move takes place on or prior to the 3 rd Friday in September, and The pupil remains a Wisconsin resident.  AYTW in place of Alt. App: If the application is/will be denied by either the nonresident or resident district.  CYTW in place of Alt. App: If the pupil’s move takes place after the 3 rd Friday in September, or The pupil moves out of Wisconsin. Tuition Waivers v. Alternative Application Procedure

Move Out of State  If a pupil moves out of state: Is eligible under the senior rule, if other criteria are met. May be eligible for either current year permissive or mandatory waiver, if other criteria are met. Is not eligible for additional year waiver. Is not eligible for open enrollment.

Transportation  Parents are responsible for transportation.  Low-income parents may apply to DPI for reimbursement of transportation costs: For AYTW or open enrollment, but not for CYTW.  IEP transportation must be provided by the nonresident district: Nonresident district pays for CYTW costs. May bill resident district for AYTW or OE costs to the extent it is an actual, additional cost.

Resources  Web site:  Open Enrollment List Serve: Receive information and announcements Printed information rarely used To sign up, send to:

DPI Open Enrollment Staff  Mary Jo Cleaver, Open Enrollment Consultant or toll-free or  Jennifer Danfield, Open Enrollment Education Specialist or toll-free or  Robert Soldner, Director, School Management Services