Public School Open EnrollmentPublic School Open Enrollment&&

Virtual Charter SchoolsVirtual Charter Schools

Mary Jo Cleaver, Open Enrollment ConsultantMary Jo Cleaver, Open Enrollment ConsultantDepartment of Public InstructionDepartment of Public Instruction

Wisconsin Charter Schools ConferenceWisconsin Charter Schools ConferenceApril 2007April 2007

Enabled by Wisconsin LawEnabled by Wisconsin Law

The Charter School Law The Charter School Law ++

The Open Enrollment Law The Open Enrollment Law

Have Have enabledenabled the creation of the creation of virtual charter virtual charter schoolsschools that are that are accessible to students throughout accessible to students throughout the statethe state. .

Virtual charter schools are no different under Virtual charter schools are no different under Wisconsin law than any other charter schools. Wisconsin law than any other charter schools.

Charter Schools are Not Included in Charter Schools are Not Included in Open EnrollmentOpen Enrollment

Wis. Stats. § 118.40 (7) (b) provides: Wis. Stats. § 118.40 (7) (b) provides:

Except as otherwise explicitly provided, Except as otherwise explicitly provided, chapters 115 to 121 do not apply to charter chapters 115 to 121 do not apply to charter schools. schools.

The open enrollment law is not specifically The open enrollment law is not specifically included in the charter school law.included in the charter school law.

Therefore…Therefore…

Nonresident students have access to charter Nonresident students have access to charter schools schools onlyonly through open enrollment to the through open enrollment to the nonresident school district. nonresident school district.

Charter schools must meet the requirements of Charter schools must meet the requirements of

Wis. Stats. Wis. Stats. §§ 118.40 in their creation and 118.40 in their creation and operation… operation…

andand School districts must meet the requirements of School districts must meet the requirements of

Wis. Stats. Wis. Stats. §§ 118.51 in enrolling nonresident 118.51 in enrolling nonresident students. students.

Receiving/Handling ApplicationsReceiving/Handling Applications Must adhere to the statutory application Must adhere to the statutory application

period.period.

May May onlyonly use the open enrollment use the open enrollment application form created by the Department. application form created by the Department.

Forms must be received physically in the Forms must be received physically in the school district no later than 4:00 p.m. on the school district no later than 4:00 p.m. on the last day of the application period. last day of the application period.

Approval/DenialApproval/Denial

Notices must be post-marked on or before the 1Notices must be post-marked on or before the 1stst Friday following the 1Friday following the 1stst Monday in April. Monday in April.

If there are more applications “for a specific grade If there are more applications “for a specific grade or program” than there are spaces available in that or program” than there are spaces available in that grade or program, the district must:grade or program, the district must:

Determine which pupils to accept (including pupils Determine which pupils to accept (including pupils accepted from a waiting list) on a random basis…accepted from a waiting list) on a random basis…

……After giving preference to pupils and siblings of pupils After giving preference to pupils and siblings of pupils who are already attending school in the district. who are already attending school in the district.

School AssignmentSchool Assignment Notices must be sent on or before the 1Notices must be sent on or before the 1stst Friday Friday

following the 1following the 1stst Monday in May. Monday in May.

There are no specific requirements for how the There are no specific requirements for how the district assigns students to schools and programs district assigns students to schools and programs in the district, except that…in the district, except that…

……The district may give preference in attendance The district may give preference in attendance at a school, program, class or grade to residents at a school, program, class or grade to residents of the district who live outside the school’s of the district who live outside the school’s attendance area. attendance area.

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

School Assignment, continuedSchool Assignment, continued

Parent-Paid TuitionParent-Paid Tuition

Charter schools may not charge tuition. Charter schools may not charge tuition. School districts may charge tuition. School districts may charge tuition. School districts may enroll nonresident School districts may enroll nonresident

students on a parent-paid tuition basis and students on a parent-paid tuition basis and assign them to charter schools. assign them to charter schools.

Parent-paid tuition Parent-paid tuition == OE transfer amount. OE transfer amount. Charter school compensation is contained in Charter school compensation is contained in

the contract. the contract.

Special Challenges in Combining Special Challenges in Combining Open Enrollment with Virtual Open Enrollment with Virtual

Charter SchoolsCharter Schools

Current legislation did not specifically envision Current legislation did not specifically envision virtual charter schools. virtual charter schools.

Statutes are silent on virtual schools.Statutes are silent on virtual schools.

Therefore, school districts with virtual charter Therefore, school districts with virtual charter schools must follow:schools must follow:

All laws that apply to charter schools, All laws that apply to charter schools, andand

All laws that apply to open enrollment. All laws that apply to open enrollment.

Not A Perfect FitNot A Perfect Fit

Public InformationPublic Information

School districts are ultimately responsible School districts are ultimately responsible for all advertising and promotional materials. for all advertising and promotional materials.

Significant factual errors have been made Significant factual errors have been made when advertising is controlled only by the when advertising is controlled only by the marketing department of the organization marketing department of the organization that operates the charter school. that operates the charter school.

Web Site & Written Web Site & Written Instructions for ApplyingInstructions for Applying

Simple, basic and uncluttered. Simple, basic and uncluttered. Clear instructions for applying. Clear instructions for applying. Instructions (or sample) for filling out form, Instructions (or sample) for filling out form,

especially:especially: Nonresident districtNonresident district Resident districtResident district Specific school or program requestedSpecific school or program requested

Deadline. Deadline. Address and fax for filing form. Address and fax for filing form. Phone number for questions. Phone number for questions.

Application ProceduresApplication Procedures

May only include: May only include: Obtaining DPI formObtaining DPI formFilling out DPI formFilling out DPI formFiling the form with the nonresident district. Filing the form with the nonresident district.

May not include:May not include:Requests for additional information. Requests for additional information. RequirementRequirement to fill out survey or self- to fill out survey or self-

assessment. assessment.

Processing ApplicationsProcessing Applications

Copies of applications must be sent to Copies of applications must be sent to resident districts & the DPI on the 4resident districts & the DPI on the 4thth Monday in February. Monday in February.

Request records for all students. Request records for all students.

Volume is not an excuse for tardiness. Volume is not an excuse for tardiness.

Special EducationSpecial Education

Review IEP to determine whether the Review IEP to determine whether the special education and related services can special education and related services can be provided. be provided.

Send an estimate of “actual, additional cost” Send an estimate of “actual, additional cost” by March 15. by March 15.

Expelled StudentsExpelled Students

A nonresident district may deny the A nonresident district may deny the application of a student: application of a student: Who has been expelled during the current or Who has been expelled during the current or

preceding 2 school years for certain offenses. preceding 2 school years for certain offenses. Is currently serving an expulsion that will extend Is currently serving an expulsion that will extend

into the next school term. into the next school term.

Resident districts may not prevent expelled Resident districts may not prevent expelled students from transferring to other districts students from transferring to other districts under open enrollment. under open enrollment.

Age of PupilsAge of Pupils

Students are entitled to a free education Students are entitled to a free education through the end of the semester in which the through the end of the semester in which the student turns 21. student turns 21.

Through the end of the school term for students Through the end of the school term for students with disabilities. with disabilities.

Tracking StudentsTracking Students Students have no physical connection to either Students have no physical connection to either

nonresident or resident district.nonresident or resident district. Laptop may be taken anywhere. Laptop may be taken anywhere. Internet is worldwide. Internet is worldwide.

However…However… Only Wisconsin residents are entitled to free Only Wisconsin residents are entitled to free

education and open enrollment. education and open enrollment. Dual enrollment is not permitted in Wisconsin.Dual enrollment is not permitted in Wisconsin.

Students have moved out of the resident Students have moved out of the resident district, out of the state, and even out of the district, out of the state, and even out of the country, without notifying either school country, without notifying either school district. district.

Students have ceased to turn in Students have ceased to turn in assignments, yet claim to still be enrolled in assignments, yet claim to still be enrolled in the virtual school. the virtual school.

Tracking Students, continuedTracking Students, continued

Students have enrolled full-time in their Students have enrolled full-time in their resident school district or a private school resident school district or a private school without notifying the virtual school, and while without notifying the virtual school, and while continuing to log in to the virtual school.continuing to log in to the virtual school.

Regular and consistent communication with Regular and consistent communication with parents and resident school districts is key parents and resident school districts is key to accurate tracking and reporting of OE to accurate tracking and reporting of OE students. students.

Tracking Students, continuedTracking Students, continued

The virtual school must establish The virtual school must establish procedures to be able to ascertain and procedures to be able to ascertain and report:report:

The student’s resident district on the 3The student’s resident district on the 3rdrd Friday in Friday in September. September.

If the student moves from one resident school district to If the student moves from one resident school district to another. another.

If the student ceases to be a resident of Wisconsin.If the student ceases to be a resident of Wisconsin. If the student ceases to “attend” the virtual charter If the student ceases to “attend” the virtual charter

school, thus ending open enrollment. school, thus ending open enrollment.

Tracking Students, continuedTracking Students, continued

Temporary Absences from the StateTemporary Absences from the State

Some students open enroll to virtual schools so Some students open enroll to virtual schools so that they are able to participate in out-of-state that they are able to participate in out-of-state activities. activities.

This raises a number of questions, to which there This raises a number of questions, to which there are few clear answers at this time. are few clear answers at this time.

Temporary absences from the state may be Temporary absences from the state may be permitted, but care must be taken that the student permitted, but care must be taken that the student continues to be eligible for a free education, as continues to be eligible for a free education, as required in state law & the “Thayer” decision. required in state law & the “Thayer” decision.

Interim GuidelinesInterim Guidelines A student who is temporarily absent from the A student who is temporarily absent from the

state may continue open enrollment if all of the state may continue open enrollment if all of the following apply:following apply:

The temporary absence is for a temporary purpose The temporary absence is for a temporary purpose such as, but not limited to: competition, employment, or such as, but not limited to: competition, employment, or family visit. family visit.

The temporary absence from the state was approved The temporary absence from the state was approved in advance and in writing by the nonresident district in advance and in writing by the nonresident district with notification to the resident district and the DPI.with notification to the resident district and the DPI.

Interim Guidelines, continuedInterim Guidelines, continuedThe student continues to be a resident of The student continues to be a resident of

Wisconsin and the resident school district: Wisconsin and the resident school district:

No actions are taken to establish residency in the No actions are taken to establish residency in the out-of-state location or to discontinue residency in out-of-state location or to discontinue residency in Wisconsin. Wisconsin.

The student is not enrolled in any other public, The student is not enrolled in any other public, private or home-based program during the time of private or home-based program during the time of the temporary absence. the temporary absence.

The student is physically in the state and “attending The student is physically in the state and “attending school for the purposes of instruction” on the countschool for the purposes of instruction” on the count date or at least one day before and one day after the date or at least one day before and one day after the count date.count date.

The pupil continues to submit regular The pupil continues to submit regular assignments, as directed by the nonresident assignments, as directed by the nonresident school district, during the entire period of the school district, during the entire period of the temporary absence from the state (except for temporary absence from the state (except for excused absences from school attendance).excused absences from school attendance).

A pupil’s temporary absence from the state A pupil’s temporary absence from the state that is incidental to an excused absence that is incidental to an excused absence under Wis. Stats. under Wis. Stats. §§ 118.15 (3) does not 118.15 (3) does not terminate the pupil’s open enrollment.terminate the pupil’s open enrollment.

Interim Guidelines, continuedInterim Guidelines, continued

Resident School District’s Resident School District’s ResponsibilityResponsibility

Resident school districts are responsible Resident school districts are responsible onlyonly to: to: Pay for the student’s open enrollment. Pay for the student’s open enrollment. Allow the student to return to the district, if requested. Allow the student to return to the district, if requested.

Resident districts are Resident districts are not requirednot required to allow to allow students open enrolled out of the district to:students open enrolled out of the district to: Take any courses in the resident district. Take any courses in the resident district. Participate in any extra-curricular activities in the Participate in any extra-curricular activities in the

resident district. resident district.

In SummaryIn Summary Wisconsin’s charter school and open enrollment laws have Wisconsin’s charter school and open enrollment laws have

enabled virtual charter schools to access students enabled virtual charter schools to access students throughout the state. throughout the state.

School districts, not charter schools, are responsible for the School districts, not charter schools, are responsible for the administration of open enrollment. administration of open enrollment.

All open enrollment laws, as well as all charter school laws, All open enrollment laws, as well as all charter school laws, must be followed. must be followed.

Although there are challenges, for the most part students Although there are challenges, for the most part students have successfully participated in open enrollment to virtual have successfully participated in open enrollment to virtual charter schools.charter schools.

Mary Jo Cleaver, Open Enrollment ConsultantMary Jo Cleaver, Open Enrollment Consultant

125 S. Webster Street, P.O. Box 7841125 S. Webster Street, P.O. Box 7841

Madison, WI 53707-7841Madison, WI 53707-7841

608-267-9101 or toll-free 888-245-2732608-267-9101 or toll-free 888-245-2732

email: email: maryjo.cleaver@dpi.state.wi.usmaryjo.cleaver@dpi.state.wi.us

Web site: Web site: www.dpi.state.wi.us/sms/psctoc.htmlwww.dpi.state.wi.us/sms/psctoc.html