Public School Open Enrollment January 2003 Public School Open Enrollment Technical Assistance Workshops Preferences & Guarantees

Public School Open Enrollment January  Preferences Required by Statute and Administrative Rule School board policy must include statement of preferences  Guarantees Permitted by Statute for certain students School board must adopt policy or resolution if it wishes to provide guarantees of acceptance

Public School Open Enrollment January 2003 Preferences

Public School Open Enrollment January  Preferences apply only when there are spaces available in the first place McMorrow v. DPI, 2000 WI App 173, paragraph 16

Public School Open Enrollment January  Nonresident districts must give preference to “pupils and siblings of pupils who are already attending public school in the nonresident school district.”  Resident districts must give preference to “pupils who are already attending public school in the school district to which they are applying and to siblings of such pupils.” Wis. Stats. §§ (3) (a) 2. and (6)

Public School Open Enrollment January  If, in the random selection process, one pupil from a family is selected, the resident or nonresident school board must give preference to the remaining siblings who applied at the same time. However, if space is not available (or is no longer available) in the sibling’s grade, the sibling must be denied. Wis. Adm. Code §§ (6) (b) and (6) (b)

Public School Open Enrollment January Pupils already attending school in the district to which they apply include:  Pupils attending under the open enrollment program  Pupils for whom tuition is paid  Pupils who currently reside in the district but who plan to move prior to the next school year  Pupils who moved out of the nonresident district but are continuing to attend under a tuition waiver Wis. Adm. Code §§ (6) (a) and (6) (a)

Public School Open Enrollment January “Siblings” include:  Students who have at least one common parent Webster’s New Collegiate Dictionary, 1979  Step-siblings who reside in the same household Wis. Adm. Code § PI (12)

Public School Open Enrollment January  Continuing students and siblings must be treated equally with respect to preference. One cannot be given priority over another.  If there are more students entitled to preference than there are spaces available, the district must do a random selection among preference students only.

Public School Open Enrollment January 2003 Guarantees

Public School Open Enrollment January  Nonresident districts may adopt policies that grant guarantees to certain students in spite of a determination that space is not available: Students already attending the nonresident district to which they have applied and/or Siblings

Public School Open Enrollment January  All students in whichever group(s) the district chooses to guarantee acceptance must be treated equally. That is…

Public School Open Enrollment January If the district guarantees acceptance to continuing students, it must grant the guarantee to all continuing students If the guarantees acceptance to siblings of continuing students, it must grant the guarantee to all siblings of all continuing students. If the district guarantees acceptance to siblings of new accepted applicants, it must grant the guarantee to all siblings of all new accepted applicants.

Public School Open Enrollment January Two Ways to Grant Guarantee  Nonresident district may include continuing students and/or siblings in the count of occupied spaces. Thus, all continuing students (or siblings) would be automatically accepted and the identified open enrollment spaces would be in addition to the occupied spaces and/or… Wis. Stats. § (5) (a) 1

Public School Open Enrollment January  District may accept a continuing student and/or sibling in spite of a determination that the district does not otherwise have space. Thus, the district would identify all available spaces, but may exceed the number of available spaces in order to accept continuing students and/or siblings. Wis. Stats. § (3) (a) 2

Public School Open Enrollment January Example 1Example 2 Guarantee for Continuing Studentsyes Guarantee for Siblingsno Capacity60 Occupied Spaces5762 Spaces Occupied by New OE Applicants55 New Available Spaces30 Total Applicants10 Guarantee Students Accepted55 Remaining Available Spaces30 Siblings Applying for OE11 Preference Students Accepted10 Remaining Spaces20 Total to be selected randomly20 Total Accepted Applicants85 New Total of Students for Grade6062 Examples of Including Guarantee Students in Count of Occupied Spaces

Public School Open Enrollment January Examples of Granting Guarantee In Spite of No Space Available Example 1Example 2Example 3 Guarantee for Continuing Studentsyes Guarantee for Siblingsno yes Capacity60 Total Occupied Spaces5762 Spaces Occupied by New OE Applicants555 Net Occupied Spaces5257 Total Available Spaces830 Total Applicants10 Continuing Students555 Siblings Applying for OE111 Guarantee Students Accepted556 Remaining Available Spaces200 Siblings Applying for OE11 already accepted Preference Students Accepted10N/A Remaining Spaces200 Total to be selected randomly200 Total Accepted Applicants856 New Total of Students for Grade606263

Public School Open Enrollment January Adoption of Policies  May repeat statutory language directly: If the nonresident school board determines that space is not otherwise available for open enrollment pupils in the grade or program to which an individual has applied, the school board may nevertheless an applicant who is already attending school in the nonresident school district or a sibling of the applicant. and/or…

Public School Open Enrollment January In determining the availability of space the nonresident school board may consider criteria such as … and may include in its count of occupied spaces … pupils and siblings of pupils who have applied under sub. (3) (a) and are already attending public school in the nonresident school district.

Public School Open Enrollment January  May adapt language to clearly specify which students will be granted guarantees. For example: If the nonresident school board determines that space is not otherwise available for open enrollment pupils in the grade or program to which an individual has applied, the school board may nevertheless an applicant who is already attending school in the nonresident school district.

Public School Open Enrollment January 2003 Information and Assistance

Public School Open Enrollment January 2003 Mary Jo Cleaver Public School Open Enrollment Consultant Department of Public Instruction P.O. Box 7841 Madison, WI or toll free at

Public School Open Enrollment January 2003 Open Enrollment Internet Web Site Open Enrollment List Serv to sign up, send to:

Public School Open Enrollment January 2003 Other DPI Open Enrollment Staff Scott Eagleburger Open Enrollment Data Manager Joan Thompson Open Enrollment Program Assistant Bob Soldner Director, School Management Services