From: DPI Open Enrollment Sent: Friday, July 31, 2020 2:49 PM To: Demrow, Jennifer DPI Subject: Alternative Applications and Space Determinations To – District Administrators and Open Enrollment Coordinators From – Jen Demrow, Open Enrollment Consultant Subject – Alternative Applications and Space Determinations We have been receiving many questions related to alternative applications and space determinations. We have created questions and answers below that should provide some clarification. 1. If a nonresident school board did not establish open enrollment seat capacities at its January board meeting, can the board limit the number of alternative applications it approves? No, if a nonresident school board did not establish open enrollment seat capacities at its January board meeting, the district cannot establish new seat capacities for alternative applications until after the 3rd Friday in September. Nonresident school boards are required to determine the number of regular education and special education spaces available for open enrollment at their January board meeting. Those space determinations are good for applications submitted during the regular application period as well as alternative applications. [Wis. Stat. § 118.51(5)(a)] Space determinations made at the January board meeting do not expire until the 3rd Friday in September. * For example, if a nonresident school board limited the number of regular education spaces available in 3rd grade for the 2020-21 school year, between July 1st and the 3rd Friday in September (September 18, 2020), the nonresident district cannot approve any alternative applications for 3rd grade. If the nonresident school board determined it would not limit space for certain grades, that determination does not expire until the 3rd Friday in September. This means a school board cannot deny alternative applications due to space when it previously determined it did not have space limitations for those grades. * For example, if a nonresident school board did not limit the number of regular education spaces available in 3rd grade for the 2020-21 school year, between July 1st and the 3rd Friday in September (September 18, 2020), the nonresident school board may not deny any alternative application for 3rd grade due to no regular education space. As a reminder, the alternative application procedure is a means by which parents can apply for open enrollment outside of the regular application period. It is not an exception to the nonresident district’s space criteria, which would result in arbitrarily approving applications for some pupils and denying them for others. 2. Can a nonresident school board deny a pupil’s alternative application? Yes, the nonresident school board can deny an alternative application for the following reasons listed in statute: * Space is not available in the schools, programs, classes, or grades in the nonresident district. * The special education or related services required in the pupil’s IEP are not available in the nonresident district. * There is no space in the special education or related services required in the pupil’s IEP. o NOTE: The above 3 reasons are subject to the nonresident district’s January space/services determinations, as described above. * The pupil has been expelled during the current or two preceding school years for certain conduct or is the subject of a pending disciplinary proceeding. * The pupil has been habitually truant from the nonresident district during any semester of the current or previous school year. * Invalid application (early or late applications or missing information). * Ineligibility due to age (too young or too old) * The resident district does not offer the same type of prekindergarten, four-year-old kindergarten, or early childhood program as the nonresident district or the pupil is not eligible for the program in the resident district. * The nonresident district does not believe the transfer is in the best interest of the pupil. * The criteria used to apply is not applicable. 3. Can a resident school board deny a pupil’s alternative application? Yes, the resident school board can deny a pupil’s alternative application for the following reasons listed in statute: * Invalid application (early or late application or missing information). * Ineligibility due to age (too young or too old). * The resident district does not offer the same type of prekindergarten, four-year-old kindergarten, or early childhood program as the nonresident district or the pupil is not eligible for the program in the resident district. * The nonresident district does not believe the transfer is in the best interest of the pupil. * The criteria used to apply is not applicable. 4. Can a parent appeal a nonresident school board’s denial of an alternative application? No, there is no specific provision in state law for a parent to appeal a nonresident school board’s denial of an alternative application. 5. Can a parent appeal a resident school board’s denial of an alternative application? Yes, a parent may file an appeal of a resident school board’s denial of an alternative application with the DPI within 30 days of the day the notice is postmarked or is delivered to the parent, whichever occurs first. If a parent intends to file an appeal of a resident district’s denial of an alternative application due to not in the best interests of the pupil or criteria not applicable, the pupil may attend the nonresident district pending the outcome of the appeal. However, if the parent fails to file a timely appeal or if the DPI affirms the resident district’s decision, the pupil must stop attending the nonresident district. If you have any questions, please contact us at openenrollment@dpi.wi.gov or call us at 888- 245-2732, option 2. Jen Demrow School Administration Consultant Public School Open Enrollment Department of Public Instruction 608-264-6707 Jennifer.Demrow@dpi.wi.gov DISCLAIMER: The content of this email is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain legal advice, including compliance with state and federal laws and regulations.