1. Public School Open Enrollment January 2003 Public School Open Enrollment Technical Assistance Workshops Preferences & Guarantees

2. Public School Open Enrollment January 2003 2  Preferences Required by Statute and Administrative Rule School board policy must include statement of preferences  Guarantees Permitted by Statute for certain students School board must adopt policy or resolution if it wishes to provide guarantees of acceptance

3. Public School Open Enrollment January 2003 Preferences

4. Public School Open Enrollment January 2003 4  Preferences apply only when there are spaces available in the first place McMorrow v. DPI, 2000 WI App 173, paragraph 16

5. Public School Open Enrollment January 2003 5  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)

6. Public School Open Enrollment January 2003 6  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)

7. Public School Open Enrollment January 2003 7 Pupils already attending school in the district to which they apply include:  Pupils attending under the open enrollment program  Pupils for whom tuition is paid  Pupils 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)

8. Public School Open Enrollment January 2003 8 “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)

9. Public School Open Enrollment January 2003 9  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.

10. Public School Open Enrollment January 2003 Guarantees

11. Public School Open Enrollment January 2003 11  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/or Siblings

12. Public School Open Enrollment January 2003 12  All students in whichever group(s) the district chooses to guarantee acceptance must be treated equally. That is…

13. Public School Open Enrollment January 2003 13 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.

14. Public School Open Enrollment January 2003 14 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

15. Public School Open Enrollment January 2003 15  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

16. Public School Open Enrollment January 2003 16 Example 1Example 2 Guarantee for Continuing Studentsyes Guarantee for Siblingsno Capacity60 Occupied Spaces5762 Spaces Occupied by New OE Applicants55 New Available Spaces30 Total Applicants10 Guarantee Students Accepted55 Remaining Available Spaces30 Siblings Applying for OE11 Preference Students Accepted10 Remaining Spaces20 Total to be selected randomly20 Total Accepted Applicants85 New Total of Students for Grade6062 Examples of Including Guarantee Students in Count of Occupied Spaces

17. Public School Open Enrollment January 2003 17 Examples of Granting Guarantee In Spite of No Space Available Example 1Example 2Example 3 Guarantee for Continuing Studentsyes Guarantee for Siblingsno yes Capacity60 Total Occupied Spaces5762 Spaces Occupied by New OE Applicants555 Net Occupied Spaces5257 Total Available Spaces830 Total Applicants10 Continuing Students555 Siblings Applying for OE111 Guarantee Students Accepted556 Remaining Available Spaces200 Siblings Applying for OE11 already accepted Preference Students Accepted10N/A Remaining Spaces200 Total to be selected randomly200 Total Accepted Applicants856 New Total of Students for Grade606263

18. Public School Open Enrollment January 2003 18 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…

19. Public School Open Enrollment January 2003 19 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.

20. Public School Open Enrollment January 2003 20  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.

21. Public School Open Enrollment January 2003 Information and Assistance

22. 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: maryjo.cleaver@dpi.state.wi.us

23. 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: L.scott.eagleburger@dpi.state.wi.us

24. Public School Open Enrollment January 2003 Other DPI Open Enrollment Staff Scott Eagleburger Open Enrollment Data Manager 608-264-9444 L.scott.eagleburger@dpi.state.wi.us Joan Thompson Open Enrollment Program Assistant 608-267-9248 joan.thompson@dpi.state.wi.us Bob Soldner Director, School Management Services 608-266-7475 robert.soldner@dpi.state.wi.us