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Public School Open Enrollment
January 2003
Public School Open Enrollment Technical Assistance Workshops
Preferences & Guarantees
Public School Open Enrollment
January 2003
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Preferences Required by Statute and Administrative RuleSchool board policy must include statement
of preferences
Guarantees Permitted by Statute for certain studentsSchool board must adopt policy or resolution
if it wishes to provide guarantees of acceptance
Public School Open Enrollment
January 2003
Preferences
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Preferences apply only when there are spaces available in the first place
McMorrow v. DPI, 2000 WI App 173, paragraph 16
Public School Open Enrollment
January 2003
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Nonresident districts must give preference to “pupils and siblings of pupils who are already attending public school in the nonresident school district.”
Resident districts must give preference to “pupils who are already attending public school in the school district to which they are applying and to siblings of such pupils.”
Wis. Stats. §§ 118.51 (3) (a) 2. and (6)
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If, in the random selection process, one pupil from a family is selected, the resident or nonresident school board must give preference to the remaining siblings who applied at the same time. However, if space is not available (or is no
longer available) in the sibling’s grade, the sibling must be denied.
Wis. Adm. Code §§ 36.04 (6) (b) and 36.05 (6) (b)
Public School Open Enrollment
January 2003
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Pupils already attending school in the district to which they apply include:
Pupils attending under the open enrollment program
Pupils for whom tuition is paidPupils who currently reside in the district
but who plan to move prior to the next school year
Pupils who moved out of the nonresident district but are continuing to attend under a tuition waiver
Wis. Adm. Code §§ 36.04 (6) (a) and 36.05 (6) (a)
Public School Open Enrollment
January 2003
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“Siblings” include:
Students who have at least one common parent Webster’s New Collegiate Dictionary, 1979
Step-siblings who reside in the same household Wis. Adm. Code § PI 36.02 (12)
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January 2003
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Continuing students and siblings must be treated equally with respect to preference. One cannot be given priority over another.
If there are more students entitled to preference than there are spaces available, the district must do a random selection among preference students only.
Public School Open Enrollment
January 2003
Guarantees
Public School Open Enrollment
January 2003
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Nonresident districts may adopt policies that grant guarantees to certain students in spite of a determination that space is not available:Students already attending the nonresident
district to which they have applied and/orSiblings
Public School Open Enrollment
January 2003
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All students in whichever group(s) the district chooses to guarantee acceptance must be treated equally. That is…
Public School Open Enrollment
January 2003
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If the district guarantees acceptance to continuing students, it must grant the guarantee to all continuing students
If the guarantees acceptance to siblings of continuing students, it must grant the guarantee to all siblings of all continuing students.
If the district guarantees acceptance to siblings of new accepted applicants, it must grant the guarantee to all siblings of all new accepted applicants.
Public School Open Enrollment
January 2003
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Two Ways to Grant Guarantee
Nonresident district may include continuing students and/or siblings in the count of occupied spaces.Thus, all continuing students (or siblings)
would be automatically accepted and the identified open enrollment spaces would be in addition to the occupied spaces
and/or…
Wis. Stats. § 118.51 (5) (a) 1
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January 2003
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District may accept a continuing student and/or sibling in spite of a determination that the district does not otherwise have space.Thus, the district would identify all available
spaces, but may exceed the number of available spaces in order to accept continuing students and/or siblings.
Wis. Stats. § 118.51 (3) (a) 2
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Example 1 Example 2
Guarantee for Continuing Students yes yes
Guarantee for Siblings no no
Capacity 60 60
Occupied Spaces 57 62
Spaces Occupied by New OE Applicants 5 5
New Available Spaces 3 0
Total Applicants 10 10
Guarantee Students Accepted 5 5
Remaining Available Spaces 3 0
Siblings Applying for OE 1 1
Preference Students Accepted 1 0
Remaining Spaces 2 0
Total to be selected randomly 2 0
Total Accepted Applicants 8 5
New Total of Students for Grade 60 62
Examples of Including Guarantee Students in Count of Occupied Spaces
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Examples of Granting Guarantee In Spite of No Space Available
Example 1 Example 2 Example 3
Guarantee for Continuing Students yes yes yes
Guarantee for Siblings no no yes
Capacity 60 60 60
Total Occupied Spaces 57 62 62
Spaces Occupied by New OE Applicants 5 5 5
Net Occupied Spaces 52 57 57
Total Available Spaces 8 3 0
Total Applicants 10 10 10
Continuing Students 5 5 5
Siblings Applying for OE 1 1 1
Guarantee Students Accepted 5 5 6
Remaining Available Spaces 2 0 0
Siblings Applying for OE 1 1 already accepted
Preference Students Accepted 1 0 N/A
Remaining Spaces 2 0 0
Total to be selected randomly 2 0 0
Total Accepted Applicants 8 5 6
New Total of Students for Grade 60 62 63
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January 2003
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Adoption of Policies
May repeat statutory language directly:If the nonresident school board determines
that space is not otherwise available for open enrollment pupils in the grade or program to which an individual has applied, the school board may nevertheless an applicant who is already attending school in the nonresident school district or a sibling of the applicant.
and/or…
Public School Open Enrollment
January 2003
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In determining the availability of space the nonresident school board may consider criteria such as … and may include in its count of occupied spaces … pupils and siblings of pupils who have applied under sub. (3) (a) and are already attending public school in the nonresident school district.
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January 2003
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May adapt language to clearly specify which students will be granted guarantees. For example:If the nonresident school board determines
that space is not otherwise available for open enrollment pupils in the grade or program to which an individual has applied, the school board may nevertheless an applicant who is already attending school in the nonresident school district.
Public School Open Enrollment
January 2003
Information and Assistance
Public School Open Enrollment
January 2003
Mary Jo Cleaver
Public School Open Enrollment Consultant
Department of Public Instruction
P.O. Box 7841
Madison, WI 53707-7841
608-267-9101 or toll free at 888-245-2732
email: [email protected]
Public School Open Enrollment
January 2003
Open Enrollment Internet Web Site
www.dpi.state.wi.us/dpi/dfm/sms/psctoc.html
Open Enrollment List Serv
to sign up, send email to:
Public School Open Enrollment
January 2003
Other DPI Open Enrollment Staff
Scott EagleburgerOpen Enrollment Data Manager
Joan ThompsonOpen Enrollment Program Assistant
Bob SoldnerDirector, School Management Services
