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Can an application be rejected?
Under certain circumstances, nonresident
school districts may deny an open enrollment
application. These are:
- If space is not available for the student
in the nonresident school district.
- If the special education program the
student needs is not available in the nonresident
school district or
if space is not available in the special education the student needs.
- If the student has been referred for a
special education evaluation, but has not yet been
evaluated or does
not have a current IEP.
- If the student has been expelled during
the current school year or during the preceding two
school years
for certain violent conduct.
What if more students apply to attend
than there are spaces?
If more students apply to attend the
nonresident school district than there are spaces, the
nonresident school district
must give preference to students who are already
attending public school in that district and to siblings
of students
already attending the district. After granting these
preferences, students assigned to any remaining spaces
must be
selected randomly.
If the student is denied, will the
student be placed on a waiting list?
Some school districts have waiting
lists, other school districts do not have them. If the
nonresident district has a waiting list,
the notice of denial will indicate the student’s place
on the waiting list.
Can a resident district prevent students
from leaving?
A resident district may prevent a
student who needs special education from leaving the
district if the tuition charge for the
student’s special education in the nonresident district
creates an undue financial burden for the resident
district.
If you have further questions about open
enrollment for students with disabilities, contact the
resident or nonresident
district or the DPI.
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May parents appeal if their
application is denied?
Parents whose applications are
denied may appeal to the DPI within 30 days
after the denial notice is mailed or
delivered to the parent, whichever is sooner.
Late appeals cannot be accepted. The statutes
require the DPI to
uphold a school district’s decision unless it
was arbitrary or unreasonable. The DPI’s
decision may be appealed
to circuit court.
Must students reapply every
year?
Once a student is accepted into
the nonresident school district, the student may
continue to attend without annual
reapplication, except:
> The nonresident district may require each
student to reapply only one time—at the
beginning of middle school, junior
high or high school.
> Under certain circumstances, a student who
needs special education may be required to
return to the student’s
resident school district.
A student who is attending a
nonresident school district under open
enrollment may return to her or his resident
school
district at any time. However, once the student
returns to the resident district, the student
may not go back to the
nonresident district unless the student
reapplies during the February application
period. (High school students should be
aware that returning to the resident school
district may affect their eligibility for
inter-scholastic athletics.) |
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