Sent:	Friday, February 04, 2011 2:17 PM
 
TO:  District Administrators and Open Enrollment Coordinators
 
FROM:   Mary Jo Cleaver and Merry Larsen, Open Enrollment Consultants
 
SUBJECT:    SENATE BILL 2
 
SENATE BILL 2, (described below) passed the State Senate on Wednesday, February 3, (with several amendments).   
The Department testified in favor of this bill, as it was originally introduced and as amended by Senate Amendment 
1.  
 
You may view the legislative history of the bill, including a copy of the bill and all amendments at 
http://legis.wisconsin.gov/2011/data/SB2hst.html.  
 
In order for the bill to become law, it must pass the Assembly.   If the Assembly amends the bill, it must go back to 
the Senate, which must vote up or down on the Assembly version.  If passed by both houses, it must be signed by 
the Governor.  
 
For a detailed description of How a Bill Becomes a Law, go to http://legis.wisconsin.gov/assembly/acc/pdf/habbl.pdf.
 
SENATE BILL 2, as introduced, would extend the open enrollment application period, as follows:  
 
--A nonresident school board must determine the number of regular and special education spaces, by grade, at the 
January board meeting, except that for the 2011-12 school year, it must determine the number of spaces at the 
February board meeting.  
--The application period would occur from the first Monday in February until the last weekday in April.  
--The nonresident district must send a copy of the application to the resident district by the end of the first weekday 
following the last weekday in April.  
--A nonresident school board may not act on any applications before May 1. 
--By the first Friday following the first Monday in May, the resident school board must send to the nonresident 
school board a copy of any expulsion finding and orders, a copy of records of any pending disciplinary proceeding, 
a written explanation of the reason for expulsion or pending disciplinary proceeding and length or term of the 
expulsion or the possible outcomes of the pending disciplinary proceeding.  
--By the first Friday following the first Monday in May the resident school board must send to the nonresident 
school board a copy of the child’s IEP.   (Senate Amendment 1)
--By the third Friday following the first Monday in May, the nonresident school district must provide an estimate of 
special education costs to the resident school district.   If the nonresident school district does not provide this 
estimate, it cannot charge the resident district for any actual, additional costs to provide special education to the 
pupil.    (Under Senate Amendment 1, this does not apply if the resident district has not provided a copy of the IEP. )
--The nonresident district must notify the parent of approval or denial on or before the first Friday following the 
first Monday in June.   If the application is approved, the nonresident district must provide the school assignment at 
the same time.  
--The resident district must notify the parent by the second Friday following the first Monday in June if it denied the 
application.  
--On or before the last Friday in June following notice of acceptance, or within 10 days of receiving an acceptance 
from the waiting list, the parent must notify the nonresident school district if the pupil will attend school in the 
following school year. 
--By July 7, the nonresident district must notify the resident district of the names of pupils who have indicated they 
will attend the nonresident district in the following school year.  
--A nonresident school board may accept pupils from a waiting list until the third Thursday in September, but only if 
the pupil will be in attendance at the school or program on the 3rd Friday in September.    If the pupil has been 
accepted from a wait list, the parent shall immediately notify the resident district of the pupil’s intent to attend the 
nonresident district for the current school term.  
--A pupil accepted from a waiting list may attend the nonresident school district even if the pupil has already 
attended school in the pupil’s resident school district, but not if the pupil has attended a school program in a 
nonresident school district in the current school term.  
 
Following are additional amendments to the bill that passed the Senate:  
 
SENATE AMENDMENT 2 allows certain exceptions to the application period, as follows:  
--The resident school board determines the pupil has been the victim of a violent crime.  The application must be 
submitted within 30 days of the finding by the resident school board. 
--The pupil is or has been homeless in the current or immediately preceding school year.  
--The pupil has been the victim of repeated bully or harassment, has reported the bullying or harassment to the 
resident school board and despite that, the repeated bullying and harassment continues.  
--The pupil’s or pupil’s parents’ residence has changed as a result of military orders.  The application must be 
submitted within 30 days after the on which the military orders changing the place of residence were issued. 
--The pupil moved into the state.   The application must be submitted within 30 days after moving into the state.  
--The pupil’s residence has changed as a result of a court order or custody agreement or because the pupil was 
placed in a foster home or with a person other than the pupils’ parent, or removed from a foster home or from the 
home of a person other than the pupil’s parent.   The application must be received within 30 days after the pupil’s 
change of residence.  
--The pupil’s parent and the nonresident school board agree that attending school in the nonresident school district 
is in the best interest of the child.  
 
If the nonresident school board receives an application, it must immediately notify the resident school district and 
must notify the applicant, in writing, within 20 days after receiving the application.   For a child with a disability, the 
nonresident school district must provide an estimate of costs to the resident school district within 10 days of 
receiving or developing an IEP for the student.  The nonresident school district may deny for all of the reasons it 
may deny an application receiving during the application period.    The parent may not appeal a notice of denial 
from the nonresident school district.   
 
The resident school district may only deny an application if it determines that the criteria claimed by the applicant 
does not exist or if the cost of any special education or related services is an undue financial burden.   (The resident 
district cannot deny an application if the reason was that the resident district has determined that the pupil is a 
victim of a violent crime.)   The parent may appeal a denial by the resident school district.  
 
If the application is approved by the nonresident school district, the pupil may immediately attend the nonresident 
school district.  If the pupil has not attended by the 15th day following receipt of the notice of approval, the 
nonresident school board may notify the parent that the pupil may not attend. 
 
The Department will transfer aid from the resident to the nonresident school district, prorated at the daily rate.  
 
If a pupil who is approved for one of the above exceptions was not counted by the pupil’s resident school district 
for revenue limit purposes (i.e. was not a resident of the district on the 3rd Friday in September), the resident school 
board may receive a revenue limit exemption in the amount of the aid adjustment.  
 
SENATE AMENDMENT 3 requires the Department, in its annual report on the program, to report separately and by 
category the pupils approved during the regular application period and those approved by exception to the 
application period.  
 
Mary Jo Cleaver 
Public School Open Enrollment Consultant 
Department of Public Instruction 
608-267-9101 or toll-free 888-245-2732 
fax:  608-267-9207 
email: maryjo.cleaver@dpi.wi.gov 
website: http://dpi.wi.gov/sms/psctoc.html  
94854.e0501dd4a84df989ef1664ea7eb22adb@lists.dpi.wi.gov