Public School Open Enrollment

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Public School Open EnrollmentVirtual Charter
Schools

• Mary Jo Cleaver, Open Enrollment Consultant
• Department of Public Instruction
• Wisconsin Charter Schools Conference
• April 2007

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Enabled by Wisconsin Law

• The Charter School Law
• The Open Enrollment Law
• Have enabled the creation of virtual charter
  schools that are accessible to students
  throughout the state.
• Virtual charter schools are no different under
  Wisconsin law than any other charter schools.

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Charter Schools are Not Included in Open
Enrollment

• Wis. Stats. 118.40 (7) (b) provides
• Except as otherwise explicitly provided, chapters
  115 to 121 do not apply to charter schools.
• The open enrollment law is not specifically
  included in the charter school law.

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Therefore

• Nonresident students have access to charter
  schools only through open enrollment to the
  nonresident school district.
• Charter schools must meet the requirements of
  Wis. Stats. 118.40 in their creation and
  operation
• and
• School districts must meet the requirements of
  Wis. Stats. 118.51 in enrolling nonresident
  students.

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Receiving/Handling Applications

• Must adhere to the statutory application period.
• May only use the open enrollment application form
  created by the Department.
• Forms must be received physically in the school
  district no later than 400 p.m. on the last day
  of the application period.

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Approval/Denial

• Notices must be post-marked on or before the 1st
  Friday following the 1st Monday in April.
• If there are more applications for a specific
  grade or program than there are spaces available
  in that grade or program, the district must
• Determine which pupils to accept (including
  pupils accepted from a waiting list) on a random
  basis
• After giving preference to pupils and siblings
  of pupils who are already attending school in the
  district.

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School Assignment

• Notices must be sent on or before the 1st Friday
  following the 1st Monday in May.
• There are no specific requirements for how the
  district assigns students to schools and programs
  in the district, except that
• The district may give preference in attendance
  at a school, program, class or grade to residents
  of the district who live outside the schools
  attendance area.

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School Assignment, continued

• Once a student is open enrolled, the student has
  all of the rights and privileges of resident
  students and is subject to the same rules and
  regulations as resident students.

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Parent-Paid Tuition

• Charter schools may not charge tuition.
• School districts may charge tuition.
• School districts may enroll nonresident students
  on a parent-paid tuition basis and assign them to
  charter schools.
• Parent-paid tuition OE transfer amount.
• Charter school compensation is contained in the
  contract.

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Special Challenges in Combining Open Enrollment
with Virtual Charter Schools
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Not A Perfect Fit

• Current legislation did not specifically envision
  virtual charter schools.
• Statutes are silent on virtual schools.
• Therefore, school districts with virtual charter
  schools must follow
• All laws that apply to charter schools,
• and
• All laws that apply to open enrollment.

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Public Information

• School districts are ultimately responsible for
  all advertising and promotional materials.
• Significant factual errors have been made when
  advertising is controlled only by the marketing
  department of the organization that operates the
  charter school.

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Web Site Written Instructions for Applying

• Simple, basic and uncluttered.
• Clear instructions for applying.
• Instructions (or sample) for filling out form,
  especially
• Nonresident district
• Resident district
• Specific school or program requested
• Deadline.
• Address and fax for filing form.
• Phone number for questions.

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Application Procedures

• May only include
• Obtaining DPI form
• Filling out DPI form
• Filing the form with the nonresident district.
• May not include
• Requests for additional information.
• Requirement to fill out survey or
  self-assessment.

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Processing Applications

• Copies of applications must be sent to resident
  districts the DPI on the 4th Monday in
  February.
• Request records for all students.
• Volume is not an excuse for tardiness.

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Special Education

• Review IEP to determine whether the special
  education and related services can be provided.
• Send an estimate of actual, additional cost by
  March 15.

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Expelled Students

• A nonresident district may deny the application
  of a student
• Who has been expelled during the current or
  preceding 2 school years for certain offenses.
• Is currently serving an expulsion that will
  extend into the next school term.
• Resident districts may not prevent expelled
  students from transferring to other districts
  under open enrollment.

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Age of Pupils

• Students are entitled to a free education through
  the end of the semester in which the student
  turns 21.
• Through the end of the school term for students
  with disabilities.

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Tracking Students

• Students have no physical connection to either
  nonresident or resident district.
• Laptop may be taken anywhere.
• Internet is worldwide.
• However
• Only Wisconsin residents are entitled to free
  education and open enrollment.
• Dual enrollment is not permitted in Wisconsin.

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Tracking Students, continued

• Students have moved out of the resident district,
  out of the state, and even out of the country,
  without notifying either school district.
• Students have ceased to turn in assignments, yet
  claim to still be enrolled in the virtual school.
  

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Tracking Students, continued

• Students have enrolled full-time in their
  resident school district or a private school
  without notifying the virtual school, and while
  continuing to log in to the virtual school.
• Regular and consistent communication with parents
  and resident school districts is key to accurate
  tracking and reporting of OE students.

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Tracking Students, continued

• The virtual school must establish procedures to
  be able to ascertain and report
• The students resident district on the 3rd Friday
  in September.
• If the student moves from one resident school
  district to another.
• If the student ceases to be a resident of
  Wisconsin.
• If the student ceases to attend the virtual
  charter school, thus ending open enrollment.

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Temporary Absences from the State

• Some students open enroll to virtual schools so
  that they are able to participate in out-of-state
  activities.
• This raises a number of questions, to which there
  are few clear answers at this time.
• Temporary absences from the state may be
  permitted, but care must be taken that the
  student continues to be eligible for a free
  education, as required in state law the
  Thayer decision.

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Interim Guidelines

• A student who is temporarily absent from the
  state may continue open enrollment if all of the
  following apply
• The temporary absence is for a temporary purpose
  such as, but not limited to competition,
  employment, or family visit.
• The temporary absence from the state was approved
  in advance and in writing by the nonresident
  district with notification to the resident
  district and the DPI.

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Interim Guidelines, continued

• The student continues to be a resident of
  Wisconsin and the resident school district
• No actions are taken to establish residency in
  the out-of-state location or to discontinue
  residency in Wisconsin.
• The student is not enrolled in any other public,
  private or home-based program during the time of
  the temporary absence.
• The student is physically in the state and
  attending school for the purposes of
  instruction on the count date or at least one
  day before and one day after the count date.

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Interim Guidelines, continued

• The pupil continues to submit regular
  assignments, as directed by the nonresident
  school district, during the entire period of the
  temporary absence from the state (except for
  excused absences from school attendance).
• A pupils temporary absence from the state that
  is incidental to an excused absence under Wis.
  Stats. 118.15 (3) does not terminate the
  pupils open enrollment.

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Resident School Districts Responsibility

• Resident school districts are responsible only
  to
• Pay for the students open enrollment.
• Allow the student to return to the district, if
  requested.
• Resident districts are not required to allow
  students open enrolled out of the district to
• Take any courses in the resident district.
• Participate in any extra-curricular activities in
  the resident district.

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In Summary

• Wisconsins charter school and open enrollment
  laws have enabled virtual charter schools to
  access students throughout the state.
• School districts, not charter schools, are
  responsible for the administration of open
  enrollment.
• All open enrollment laws, as well as all charter
  school laws, must be followed.
• Although there are challenges, for the most part
  students have successfully participated in open
  enrollment to virtual charter schools.

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• Mary Jo Cleaver, Open Enrollment Consultant
• 125 S. Webster Street, P.O. Box 7841
• Madison, WI 53707-7841
• 608-267-9101 or toll-free 888-245-2732
• email maryjo.cleaver_at_dpi.state.wi.us
• Web site www.dpi.state.wi.us/sms/psctoc.html