Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Open Enrollment & Students with Disabilities

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Open Enrollment Changed the paradigm concerning where children go to school. –No longer limited to resident district. –Parents can apply to send their children to a district other than the one in which they reside. –School districts have only limited reasons for denying an application.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Added a new paradigm concerning placement of a student w/a disability. –Residency paradigm: parent chooses district through residency, resident district is FAPE agency and provides placement. –OE paradigm: parent chooses district through open enrollment; nonresident district is FAPE agency and provides placement. Special Education Open Enrollment

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Students with Disabilities are Eligible for OE Students with disabilities can and do participate in open enrollment. Year# Students w/Disabilities% of Total % % % % % ,2718.2% ,5128.3% ,8108.6%

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Specific Provisions Affect OE for Students w/Disabilities Eligibility for 4K, Pre-K and ECE Application Process and Procedures Reasons for Denial Transportation FAPE Agency Referral Continuation of Open Enrollment Funding

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Eligibility Any student in grades 5K to 12 may apply for open enrollment. Children may apply for 4K, pre-K and early childhood education only if: –the resident district offers the same type of program, and –The child is eligible for the program in the resident school district

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Early Childhood Education “Same type of program” is defined as the special education and related services required in the student’s IEP: –It is assumed that the resident district offers the special education/related services required in the IEP. –A child whose IEP requires only a related service may not open enroll for an early childhood education program.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 ECE Issue - Age Children do not have to be three years old in order to apply for open enrollment. However, if the child has not attended the nonresident district by the 3 rd Friday in September, the open enrollment is void. Thus, as a practical matter, the student must be three by the 3 rd Friday.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 ECE Issue - IEP A nonresident school district may deny a student with a disability who does not have an IEP. Therefore, if at all possible, an IEP should be in place before applying for open enrollment.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Application Procedures Approval and Denial

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Parental Application All parents must submit an application to the nonresident school district during the February application period (Feb. 5-23, 2007) The application asks: –Has the student ever been found, by an IEP team, to have a disability? –If yes, does the student have an IEP?

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 The nonresident district sends a copy of the application to the resident district & requests special education (IEP) and expulsion records –recommend records be requested for all students, regardless of what the parent indicated on the application form Resident district must provide records within 5 working days Districts Exchange Information

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Special Education Estimate By March 15, the nonresident school district must send to the resident school district an estimate of the actual, additional costs it will incur to provide special education to the student. –Estimate must be provided even if the nonresident district plans to deny the open enrollment

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Nonresident District General Reasons for Denial Nonresident district may deny any student if: –It does not have space in the schools, grades, classes or programs. –The student has been expelled for certain violent conduct

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 May deny if a student has been referred for an IEP team evaluation, but has not yet been evaluated, that is: –It has not yet been determined whether the student has a disability, or –A student with a disability does not have a current IEP. Students with disabilities who are home- schooled, in private schools, or in birth to 3 should request an evaluation to be completed before applying for OE. Nonresident District Spec. Ed. Reasons for Denial

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 May deny if: –The special education or related services required in the student’s IEP are not available in the district. –There is no space in the special education or related services required in the student’s IEP. Nonresident District Spec. Ed. Reasons for Denial

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 May deny if the special education cost charged by the nonresident district is an undue financial burden, in light of the resident district’s total economic circumstances, including: –It’s revenue limit, –It’s ability to pay the costs, –The per pupil cost for students with disabilities who continue to be served in the resident district. Resident District Spec. Ed. Reason for Denial

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Financial burden must be undue. May not deny simply because: –the resident district can provide the special education and related services, –the nonresident district proposes to implement the IEP differently than the resident district would implement it. –the cost in the nonresident district is higher than the cost in the resident district

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Appeal of Denial A parent may appeal an open enrollment denial to the DPI. The DPI is required to affirm the school board’s decision unless we find the decision is arbitrary or unreasonable. DPI’s decision may be appealed to circuit court.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 The Open Enrolled Student

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 New OE Student A new open enrolled student is treated as a transfer student. The receiving district must implement the previous school district’s IEP or develop a new IEP.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Rights & Responsibilities Open enrolled students have the same rights and are subject to the same rules and regulations as resident students. –Discipline –Access to programs and services –Extra-curricular activities –Sports are subject to WIAA

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Transportation Parents are responsible for transporting OE students, including students with disabilities, except…. IEP-required transportation must be provided by the nonresident district. –Cost of special education transportation may be charged to resident district to the extent that it is an actual, additional cost to the nonresident district.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 FAPE Agency The nonresident school district is responsible to provide a free, appropriate public education (FAPE) to an open enrolled student. This includes: –Procedural safeguards –Due process –IEP team (must include resident district) –Placement

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 IEP Team The nonresident school district is responsible for the IEP team. –The resident district must appoint a member to the IEP team. –The purpose of the resident school district member on the team is to provide FAPE for the student. It is not to protect the financial interests of the resident district.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Placement The IEP team has the same placement responsibility and options as for a resident student: –Placement in district (requested school is not guaranteed. –Placement out of district: Tuition to another district CESA CCDEB Other Cooperative or Consortium

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Referral Either school district may receive a referral. –Must notify the other district. Nonresident district must have a process whereby the special education team is made aware of students’ OE status Nonresident district convenes IEP team…

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Availability and Space If an IEP is developed, the nonresident district may consider whether: –the special education and related services are available in the district, or –there is space in the special education and related services.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 If no, the nonresident school district may require the child to return to the resident district, which must provide a placement. –Written notice to resident district and parent. –This decision may be appealed to the DPI.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 If yes, the nonresident school district must send to the resident school district, as soon as possible, an estimate of the actual, additional cost it will incur to provide the special education and related services to the student.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Undue Financial Burden If the cost to be charged by the nonresident school district is an undue financial burden, the resident district may require the child to return to the resident district, which must provide a placement. –Written notice to resident district and parent. –This decision may be appealed to the DPI.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 OE Funding

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Pupil Count The resident district counts the student in membership for state aid and revenue limits The nonresident district counts the student for everything else: –Child count –WSLS/ISES –State assessments

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Regular Education State Aid Adjustments For each regular education open enrolled student… The DPI transfers a state-set amount from the resident school district’s final June state aid payment… To the nonresident school district’s final June state aid payment.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 The state aid adjustment is equal to the prior year state average per pupil cost for: –regular education. –co-curricular activities. –instructional support services. –pupil services. Estimated amount for is $5884.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 No state aid adjustment is made by the DPI for special education students. Instead, the nonresident district charges the resident district for the basic open enrollment amount plus only actual, additional, special education costs to implement the student’s IEP. Special Education Actual, Additional Costs

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Actual Additional Costs May include only actual and additional, student-specific costs to provide special education, such as: –Cost of individual aide. –Related services that are provided by entities other than the school district, CESA, or other consortium. –Transportation, but only to the extent the cost is an actual, additional cost attributable to the student.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 May not include averaged or prorated costs, such as costs for: –Adding a student to an existing class or program, such as ED or LD. –Related services that are accommodated within the therapist’s caseload. –Prorated share of any fixed costs. –Basic or administrative costs of providing special education in the district, such as evaluation, IEP team, test accommodations…

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 It is not appropriate for a resident school district to require or encourage a student to apply for open enrollment to a district that is already providing the placement for the student, in order to reduce the cost of the placement.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 If acceptance of the student would cause the district to exceed its class size or case load, the district may not charge the cost of adding another section. –The district may deny the application if it does not have space.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Transfer of Service When a student with a disability moves into a new resident district, the resident district is eligible for a transfer of service revenue limit exemption if it experiences new costs to provide the special education or related services...

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 If the new resident is attending a nonresident district under open enrollment or an additional year tuition waiver, the district is eligible for a TOS revenue limit exemption for the amount of the actual, additional, special education cost charged by the nonresident district.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Tuition Waivers

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Tuition Waivers Apply when a student who is attending a particular school district, moves out of that district too late to apply for open enrollment, and wishes to continue to attend that district.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Types of Waivers Depending on the date of the move, the student may be eligible for: –A current year waiver. –An additional year waiver.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Funding Different for Each Type of Waiver Current year waiver : –district of attendance counts the student, & –pays for all special education/related services, including IEP-required transportation Additional year waiver: –funding is exactly the same as for open enrollment –resident district counts student & pays OE amount + actual, additional costs

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Summary Students with disabilities can and do participate in open enrollment Can be denied for same reasons as regular ed students, plus: –If special education/related services not available in nonresident district or no space. –If actual, additional cost charged by nonresident district is an undue financial burden to the resident district

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 IEP-required transportation must be provided. The nonresident district is the FAPE agency.

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Development or revision of an IEP for an OE student permits the: –Nonresident district to reconsider availability of special education/related services; –Resident district to reconsider whether cost is an undue financial burden

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Nonresident district charges resident district: –The basic open enrollment amount, plus only... –Any actual, additional costs to provide the special education to the student

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Open Enrollment Resources Open enrollment web site: – FAQ: – Tuition Waivers: – PI 2092 (spec ed cost calculation) –

Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2006 Mary Jo Cleaver Public School Open Enrollment Consultant Department of Public Instruction P.O. Box 7841 Madison, WI toll-free x 2 then 3