1. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Legislation Update and Other Current Issues

2. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Recently-Enacted and Proposed Legislation

3. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 2005 WI Act 25 (2005-07State Budget) Internet Application & Reporting Study By March 1, 2006, the DPI shall submit to the governor and the JFC a report on the feasibility and cost of developing and implementing a statewide Internet- based application and reporting system for the open enrollment program.

4. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 2005 Senate Bill 206 Proposes to amend Wis. Stats § 121.54(10). Would allow a nonresident school district to pick up an open enrolled student within the student’s resident district if the resident approves.

5. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Sponsors and co-sponsors: –Senators Brown, Darling, Reynolds, Roessler, A. Lasee, Olsen and Grothman –Representatives Gronemus, Musser, Gard, Hines, Jensen, Ballweg, Pridemore, Ott, M. Williams, Albers and Stone

6. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Current status: –Recommended for passage by the Senate Education Committee, 7-0 –Passed the Senate –Messaged to Assembly –Referred to Assembly Committee on Education Reform –Public hearing held October 26

7. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Administrative Rule Changes Effective December 1, 2005

8. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Parents’ Signatures PI 36.03 (1) (d) has been amended. It is no longer required that two parents sign the open enrollment form in joint custody situations. One parent may submit an OE application.

9. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Deadline for Filing an OE Appeal PI 36.10 (2) has been amended. The 30-day period during which a parent may file an open enrollment appeal begins on the day the notice of denial is postmarked or delivered to the parent, whichever is earlier.

10. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Reporting Change PI 1920 Summary of Approvals & Denials

11. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 It is no longer necessary to report approvals, denials and reason for denial for individual students Instead, each district is to submit a Summary of Approvals and Denials and Reasons for Denial http://dpi.wi.gov/forms/doc/f9420.doc

12. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 PI 9420 – Summary of Approvals and Denials Total Applications In and Out –Number Approved –Number Denied –Reasons for Denial Students w/Disabilities’ Applications In and Out –Number Approved –Number Denied http://dpi.wi.gov/forms/doc/f9420.doc

13. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 New web site address http://dpi.wi.gov/sms/psctoc.html

14. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Calculation of Open Enrollment Special Education Costs Doe v. Burmaster 03-CV-892 U.S. District Court for the Eastern District of Wisconsin

15. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Federal law prohibits a nonresident district from charging open enrollment tuition that exceeds the basic open enrollment amount plus… …only the actual, additional student- specific special education cost to educate the student in the nonresident district. Order

16. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Federal law prohibits a resident district from denying open enrollment to a child w/a disability based on undue financial burden… ……the undue financial burden determination was based only on the actual, additional student-specific special education cost to educate the student in the nonresident district.

17. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Federal law prohibits the DPI from upholding the denial of OE to a student w/a disability, based on undue financial burden, unless… …the undue financial burden determination was based only on the actual, additional student-specific special education cost to educate the student in the nonresident district.

18. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 New Method of Calculating Costs Begins with basic open enrollment amount $5,745 estimated for 2005-06

19. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Nonresident district may add only: –Actual –Additional –Student specific –Special education costs

20. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Actual, Additional Includes only actual increases in costs May not be a prorated or averaged cost Must be a new cost Not a reallocated or reassigned cost

21. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Student Specific Directly attributable to the student May only charge for costs that would not be incurred if the student were not there May not charge for shared services –Example: adding a new section of a class

22. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Special Education Costs May only charge for special education and related services required by the IEP –Speech/Language –Visually Impaired Services –Individual Aide –Occupational Therapy/Physical Therapy –Special Transportation –Other Services

23. New Form – PI 2092 http://dpi.wi.gov/sms/xls/pi2092.xls I. AGENCY AND STUDENT INFORMATION Name of District Providing Services (Non-Resident District) Name of Resident District Name of StudentSchool Year Brief Narrative Describing Services Required in the Student's Individual Education Plan (IEP) School YearSchool Year Name of StudentName of Student Na m e o f R e s i d e n t D i s t r i c t Na m e o f D i s t r i c t P r o v i d i n g S e r v i c e s ( N o n - R e s i d e n t D i s t r i c t ) I. A G E N C Y A N D S T U D E N T I N F O R M A T I O N

24. II. REGULAR EDUCATION TUITION CALCULATION The regular education cost for all open enrollment students is the regular education open enrollment transfer amount Annual Regular Education Open Enrollment Amount$5,745.00 Total Possible Days of Enrollment180 Regular Education Open Enrollment Daily Rate$31.92 Total Days of Enrollment for the Student Identified Above (cannot exceed 180 days) 180  Estimate  Actual Total Regular Education Tuition for the Student Identified Above $5,745.00

25. III. SPECIAL EDUCATION TUITION CALCULATION The special education cost for open enrollment students with a disability may only include actual additional special education costs incurred by the non- resident district. Actual additional costs mean actual increases in costs directly attributable to the student. It does not include pro-rated or averaged costs the district is already paying. 27E156 600000011&019Student spec.Speech/LanguageSpec.Ed.Rpt.$0.00 27E156 700000011&019Student spec.Visually Impaired Services Spec.Ed.Rpt.$0.00 27E159 100000011&019Student spec.Individual AideSpec.Ed.Rpt.$0.00 27E218 100000011&019Student spec.Occupational TherapySpec.Ed.Rpt.$0.00 27E218 200000011&019Student spec.Physical TherapySpec.Ed.Rpt.$0.00 27E256 000000011&019Student spec.Special TransportationSpec.Ed.Rpt.$0.00 27E000011&019Student spec.Other Services (insert function) Spec.Ed.Rpt.$0.00 Total Special Education Tuition for the Student Identified Above$0.00 The special education costs include additional costs only? (yes or no)

26. IV. TOTAL TUITION Total Regular Education Tuition for the Student Identified Above $5,558.00 Total Special Education Tuition for the Student Identified Above 0.00 Total Tuition for the Student Identified Above$5,558.00 V. CERTIFICATION AND SIGNATURE WE, the undersigned, HEREBY CERTIFY that the information contained herein is true and correct to the best of our knowledge and that the special education costs identified are additional costs incurred by the district and do not include pro-rated or averaged costs the district is already paying.

27. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Resources

28. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Open Enrollment Web Site www.dpi.wi.gov/sms/psctoc.html Open Enrollment List Serve receive information and announcements printed information rarely used to sign up, send email to: L.scott.eagleburger@dpi.state.wi.us Open Enrollment Web Site & List Serve

29. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Open Enrollment Staff Toll-free: 888-245-2732 Fax: 608-267-9207 Mary Jo Cleaver, Open Enrollment Consultant 608-267-9101, maryjo.cleaver@dpi.state.wi.us Scott Eagleburger, OE Data Manager 608-264-9555 L.scott.eagleburger@dpi.state.wi.us Joan Thompson, OE Program Assistant 608-267-9248, joan.thompson@dpi.state.wi.us Bob Soldner, School Management Services Director 608-266-7475, robert.soldner@dpi.state.wi.us

30. Wisconsin Department of Public Instruction Public School Open Enrollment Workshops November 2005 Department of Public Instruction 125 S. Webster Street P.O. Box 7841 Madison, WI 53707-7841 www.dpi.wi.gov/sms/psctoc.html