Open Enrollment

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Open Enrollment Students with Disabilities

• Mary Jo Cleaver
• Public School Open Enrollment Consultant

State Superintendents Conference on Special
Education and Pupil Services Leadership Issues
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Open Enrollment

• Began in the 1998-99 school year
• Changed the paradigm concerning where children go
  to school.
  
• No longer limited to resident district.
• Parents can apply to send their children to a
  district other than the one in which they reside.
  
  
• School districts have only limited reasons for
  denying an application.

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Students with Disabilities are Eligible for OE

• Students with disabilities can and do participate
  in open enrollment.

4
Special Education Open Enrollment

• Added a new paradigm concerning placement of a
  student w/a disability.
  
• Residency paradigm parent chooses district
  through residency, resident district is FAPE
  agency and provides placement.
  
• OE paradigm parent chooses district through
  open enrollment nonresident district is FAPE
  agency and provides placement.

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Specific Provisions Affect OE for Students
w/Disabilities

• Eligibility for 4K, Pre-K and ECE
• Application Process and Procedures
• Reasons for Denial
• Transportation
• FAPE Agency
• Referral
• Continuation of Open Enrollment
• Funding

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Eligibility

• Any student in grades 5K to 12 may apply for open
  enrollment.
  
• Children may apply for 4K, pre-K and early
  childhood education only if
  
• the resident district offers the same type of
  program, and
  
• The child is eligible for the program in the
  resident school district

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Early Childhood Education

• Same type of program is defined as the special
  education and related services required in the
  students IEP
  
• It is assumed that the resident district offers
  the special education/related services required
  in the IEP.
  
• A child whose IEP requires only a related service
  may not open enroll for an early childhood
  education program.

8
ECE Issue - Age

• Children do not have to be three years old in
  order to apply for open enrollment. However, if
  the child has not attended the nonresident
  district by the 3rd Friday in September, the open
  enrollment is void.
• Thus, as a practical matter, the student must be
  three by the 3rd Friday.

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ECE Issue - IEP

• A nonresident school district may deny a student
  with a disability who does not have an IEP.
  
• Therefore, if at all possible, an IEP should be
  in place before applying for open enrollment.

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Application ProceduresApproval and Denial
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Parental Application

• All parents must submit an application to the
  nonresident school district during the February
  application period (Feb. 5-23, 2007)
  
• The application asks
• Has the student ever been found, by an IEP team,
  to have a disability?
  
• If yes, does the student have an IEP?

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Districts Exchange Information

• The nonresident district sends a copy of the
  application to the resident district requests
  special education (IEP) and expulsion records
  
• recommend records be requested for all students,
  regardless of what the parent indicated on the
  application form
  
• Resident district must provide records within 5
  working days

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Special Education Estimate

• By March 15, the nonresident school district must
  send to the resident school district an estimate
  of the actual, additional costs it will incur to
  provide special education to the student.
• Estimate must be provided even if the nonresident
  district plans to deny the open enrollment

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Nonresident DistrictGeneral Reasons for Denial

• Nonresident district may deny any student if
• It does not have space in the schools, grades,
  classes or programs.
  
• The student has been expelled for certain violent
  conduct

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Nonresident DistrictSpec. Ed. Reasons for Denial

• May deny if a student has been referred for an
  IEP team evaluation, but has not yet been
  evaluated, that is
  
• It has not yet been determined whether the
  student has a disability, or
  
• A student with a disability does not have a
  current IEP.
  
• Students with disabilities who are home-schooled,
  in private schools, or in birth to 3 should
  request an evaluation to be completed before
  applying for OE.

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Nonresident DistrictSpec. Ed. Reasons for Denial

• May deny if
• The special education or related services
  required in the students IEP are not available
  in the district.
  
• There is no space in the special education or
  related services required in the students IEP.

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Resident DistrictSpec. Ed. Reason for Denial

• May deny if the special education cost charged by
  the nonresident district is an undue financial
  burden, in light of the resident districts total
  economic circumstances, including
• Its revenue limit,
• Its ability to pay the costs,
• The per pupil cost for students with disabilities
  who continue to be served in the resident
  district.

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• Financial burden must be undue.
• May not deny simply because
• the resident district can provide the special
  education and related services,
  
• the nonresident district proposes to implement
  the IEP differently than the resident district
  would implement it.
  
• the cost in the nonresident district is higher
  than the cost in the resident district

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Appeal of Denial

• A parent may appeal an open enrollment denial to
  the DPI.
  
• The DPI is required to affirm the school boards
  decision unless we find the decision is arbitrary
  or unreasonable.
  
• DPIs decision may be appealed to circuit court.

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The Open Enrolled Student
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New OE Student

• A new open enrolled student is treated as a
  transfer student.
  
• The receiving district must implement the
  previous school districts IEP or develop a new
  IEP.

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Rights Responsibilities

• Open enrolled students have the same rights and
  are subject to the same rules and regulations as
  resident students.
  
• Discipline
• Access to programs and services
• Extra-curricular activities
• Sports are subject to WIAA

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Transportation

• Parents are responsible for transporting OE
  students, including students with disabilities,
  except.
  
• IEP-required transportation must be provided by
  the nonresident district.
  
• Cost of special education transportation may be
  charged to resident district to the extent that
  it is an actual, additional cost to the
  nonresident district.

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FAPE Agency

• The nonresident school district is responsible to
  provide a free, appropriate public education
  (FAPE) to an open enrolled student. This
  includes
• Procedural safeguards
• Due process
• IEP team (must include resident district)
• Placement

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IEP Team

• The nonresident school district is responsible
  for the IEP team.
  
• The resident district must appoint a member to
  the IEP team.
  
• The purpose of the resident school district
  member on the team is to provide FAPE for the
  student. It is not to protect the financial
  interests of the resident district.

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Placement

• The IEP team has the same placement
  responsibility and options as for a resident
  student
  
• Placement in district (requested school is not
  guaranteed.
  
• Placement out of district
• Tuition to another district
• CESA
• CCDEB
• Other Cooperative or Consortium

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Referral

• Either school district may receive a referral.
• Must notify the other district.
• Nonresident district must have a process whereby
  the special education team is made aware of
  students OE status
  
• Nonresident district convenes IEP team

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Availability and Space

• If an IEP is developed, the nonresident district
  may consider whether
  
• the special education and related services are
  available in the district, or
  
• there is space in the special education and
  related services.

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• If no, the nonresident school district may
  require the child to return to the resident
  district, which must provide a placement.
  
• Written notice to resident district and parent.
• This decision may be appealed to the DPI.

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• If yes, the nonresident school district must send
  to the resident school district, as soon as
  possible, an estimate of the actual, additional
  cost it will incur to provide the special
  education and related services to the student.

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Undue Financial Burden

• If the cost to be charged by the nonresident
  school district is an undue financial burden, the
  resident district may require the child to return
  to the resident district, which must provide a
  placement.
• Written notice to resident district and parent.
• This decision may be appealed to the DPI.

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OE Funding
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Pupil Count

• The resident district counts the student in
  membership for state aid and revenue limits
  
• The nonresident district counts the student for
  everything else
  
• Child count
• WSLS/ISES
• State assessments

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Regular EducationState Aid Adjustments

• For each regular education open enrolled
  student
  
• The DPI transfers a state-set amount from the
  resident school districts final June state aid
  payment
  
• To the nonresident school districts final June
  state aid payment.

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• The state aid adjustment is equal to the prior
  year state average per pupil cost for
  
• regular education.
• co-curricular activities.
• instructional support services.
• pupil services.
• Estimated amount for 2006-07 is 5884.

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Special EducationActual, Additional Costs

• No state aid adjustment is made by the DPI for
  special education students.
  
• Instead, the nonresident district charges the
  resident district for the basic open enrollment
  amount plus only actual, additional, special
  education costs to implement the students IEP.

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Actual Additional Costs

• May include only actual and additional,
  student-specific costs to provide special
  education, such as
  
• Cost of individual aide.
• Related services that are provided by entities
  other than the school district, CESA, or other
  consortium.
  
• Transportation, but only to the extent the cost
  is an actual, additional cost attributable to the
  student.

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• May not include averaged or prorated costs, such
  as costs for
  
• Adding a student to an existing class or program,
  such as ED or LD.
  
• Related services that are accommodated within the
  therapists caseload.
  
• Prorated share of any fixed costs.
• Basic or administrative costs of providing
  special education in the district, such as
  evaluation, IEP team, test accommodations

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• It is not appropriate for a resident school
  district to require or encourage a student to
  apply for open enrollment to a district that is
  already providing the placement for the student,
  in order to reduce the cost of the placement.

40

• If acceptance of the student would cause the
  district to exceed its class size or case load,
  the district may not charge the cost of adding
  another section.
• The district may deny the application if it does
  not have space.
  

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Summary

• Students with disabilities can and do participate
  in open enrollment
  
• Can be denied for same reasons as regular ed
  students, plus
  
• If special education/related services not
  available in nonresident district or no space.
  
• If actual, additional cost charged by nonresident
  district is an undue financial burden to the
  resident district

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• IEP-required transportation must be provided.
• The nonresident district is the FAPE agency.

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• Development or revision of an IEP for an OE
  student permits the
  
• Nonresident district to reconsider availability
  of special education/related services
  
• Resident district to reconsider whether cost is
  an undue financial burden

44

• Nonresident district charges resident district
• The basic open enrollment amount, plus only..
• Any actual, additional costs to provide the
  special education to the student

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Tuition Waivers
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Tuition Waivers

• Apply when a student who is attending a
  particular school district, moves out of that
  district too late to apply for open enrollment,
  and wishes to continue to attend that district.

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Types of Waivers

• Depending on the date of the move, the student
  may be eligible for
  
• A current year waiver.
• An additional year waiver.

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Funding Different for Each Type of Waiver

• Current year waiver
• district of attendance counts the student,
• pays for all special education/related services,
  including IEP-required transportation
  
• Additional year waiver
• funding is exactly the same as for open
  enrollment
  
• resident district counts student pays OE amount
  actual, additional costs

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Open Enrollment Resources

• Open enrollment web site
• http//dpi.wi.gov/sms/psctoc.html
• FAQ
• http//dpi.wi.gov/sms/doc/oeqa1005.doc
• Tuition Waivers
• http//dpi.wi.gov/sms/oetwpage.html
• PI 2092 (spec ed cost calculation)
• http//dpi.wi.gov/forms/xls/f2092.xls

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Mary Jo CleaverPublic School Open Enrollment
ConsultantDepartment of Public InstructionP.O.
Box 7841Madison, WI 53707-7841608-267-9101tol
l-free 888-245-2732 x 2 then 3maryjo.cleaver_at_dpi.
state.wi.us