Legislation Update and Other Current Issues

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Legislation Update and Other Current Issues
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Recently-Enacted and Proposed Legislation
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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.

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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 students
  resident district if the resident approves.

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• 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

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• 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

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Administrative RuleChangesEffective December
1, 2005
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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.

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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.

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Reporting Change

• PI 1920
• Summary of Approvals Denials

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• 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
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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
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New web site address

• http//dpi.wi.gov/sms/psctoc.html

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Calculation of Open Enrollment Special
Education Costs

• Doe v. Burmaster
• 03-CV-892
• U.S. District Court for the
• Eastern District of Wisconsin

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Order

• 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.

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• 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.

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• 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.

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New Method of Calculating Costs

• Begins with basic open enrollment amount
• 5,745 estimated for 2005-06

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• Nonresident district may add only
• Actual
• Additional
• Student specific
• Special education costs

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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

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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

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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

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New Form PI 2092http//dpi.wi.gov/sms/xls/pi209
2.xls
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Resources
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Open Enrollment Web Site List Serve

• 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_at_dpi.state.wi.us

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Open Enrollment StaffToll-free
888-245-2732Fax [phone]
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Department of Public Instruction125 S. Webster
StreetP.O. Box 7841Madison, WI
53707-7841www.dpi.wi.gov/sms/psctoc.html