AB393-ASA1,1,118 115.77 (1) In sub. (1m) (a) to (d), except as provided in s. 118.51 (12) (a) and (b)
92., if a child with a disability is attending a public school in a nonresident school
10district under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4), "local educational agency"
11means the school district that the child is attending.

AB393-ASA1,2,52 115.77 (4) (j) 10. If the local educational agency is a school district, the number
3of children with disabilities who attend the school district under ss. 118.51, 121.78
4(5), and 121.84 (1) (a) and (4), the disability of each such child and the special
5education or related services received by each such child.

AB393-ASA1,2,157 115.777 (1) (a) A physician, nurse, psychologist, social worker or administrator
8of a social agency who reasonably believes that a child brought to him or her for
9services has a disability shall refer the child to the local educational agency. If the
10local educational agency to whom the referral is made is the school district in which
11the child resides but the child is attending a public school in a nonresident school
12district under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4), the school board of the
13school district in which the child resides shall provide the name of the child and
14related information to the school board of the school district that the child is
15attending.

AB393-ASA1,2,2316 (b) A person who is required to be licensed under s. 115.28 (7), who is employed
17by a local educational agency and who reasonably believes a child has a disability,
18shall refer the child to the local educational agency. If the local educational agency
19to whom the referral is made is the school district that the child is attending but the
20child is a nonresident attending a public school in that school district under s. 118.51,
21121.78 (5), or 121.84 (1) (a) or (4), the school board of the school district that the child
22is attending shall provide the name of the child and related information to the school
23board of the child's school district of residence.

AB393-ASA1,3,624 (c) Any person other than those specified under par. (a) or (b) who reasonably
25believes that a child is a child with a disability may refer the child to a local

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1educational agency. If the local educational agency to whom the referral is made is
2the school district in which the child resides but the child is attending a public school
3in a nonresident school district under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4), the
4school board of the school district in which the child resides shall provide the name
5of the child and related information to the school board of the school district that the
6child is attending.

AB393-ASA1,3,118 115.78 (1) Definition. In this section, for a child who is attending a public
9school in a nonresident school district under s. 118.51, 121.78 (5), or 121.84 (1) (a) or
10(4), "local educational agency" means the school board of the school district that the
11child is attending.

AB393-ASA1,3,1813 115.782 (2) (d) If a child is attending a public school in a nonresident school
14district under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4), when the individualized
15education program team conducts its initial evaluation of the child or any
16reevaluation of the child under sub. (4), the team shall include at least one person
17designated by the school board of the child's school district of residence who has
18knowledge or special expertise about the child.

AB393-ASA1,3,2520 115.787 (3) (d) If a child is attending a public school in a nonresident school
21district under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4), when the individualized
22education program team for the child develops the child's individualized education
23program, the team shall include at least one person designated by the school board
24of the school district in which the child resides who has knowledge or special
25expertise about the child.

AB393-ASA1,4,82 115.79 (2) An educational placement is provided to implement a child's
3individualized education program. Except as provided in s. 118.51 (12) (a) and (b)
42., if a child with a disability is attending a public school in a nonresident school
5district under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4), the school board of the
6school district that the child is attending shall provide an educational placement for
7the child and shall pay tuition charges instead of the school district in which the child
8resides if required by the placement.

AB393-ASA1,4,1610 115.792 (1) (b) The local educational agency shall establish and maintain
11procedures to ensure that a child's parents are provided prior written notice
12whenever the local educational agency proposes to initiate or change, or refuses to
13initiate or change, the identification, evaluation or educational placement of the
14child, or the provision of a free appropriate public education to the child. In this
15paragraph, "local educational agency" includes the nonresident school district that
16a child is attending under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4).

AB393-ASA1,4,2018 115.792 (3) (a) In this subsection, "local educational agency" includes the
19nonresident school district that a child is attending under s. 118.51 , 121.78 (5), or
20121.84 (1) (a) or (4).

AB393-ASA1,5,422 115.80 (8) Except as provided in 20 USC 1415 (k), during the pendency of any
23proceedings under this section, the local educational agency may not change the
24educational placement of a child unless the child's parents agree to the change. If
25the child is applying for initial admission to a public school, the child shall, with the

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1consent of the child's parents, be placed in the public school program until all
2proceedings under this section have been completed. In this subsection, "local
3educational agency" includes the nonresident school district that a child is attending
4under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4).

AB393-ASA1,5,76 115.82 (2) (c) If the child is attending a public school in a nonresident school
7district under s. 121.78 (5), s. 121.78 (5) (e) applies.

AB393-ASA1,5,179 115.88 (8) Enrollment out of state. If a child with a disability is enrolled in
10a public special education program located in another state and the state
11superintendent is satisfied that the program in which the child is enrolled complies
12with this subchapter, the state superintendent shall certify to the department of
13administration in favor of the school district in which the child resides or the school
14district attended by the child under s. 118.51, 121.78 (5), or 121.84 (1) (a) or (4) a sum
15equal to the amount expended by the school district during the preceding year for the
16additional costs associated with the child's special education program as costs
17eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB393-ASA1,6,719 118.51 (3) (a) 2. A nonresident school board may not act on any application
20received under subd. 1. until after the 3rd Friday following the first Monday in
21February. If a nonresident school board receives more applications for a particular
22grade or program than there are spaces available in the grade or program, the
23nonresident school board shall determine which pupils to accept on a random basis,
24after giving preference first to pupils who transferred to a nonresident school district
25under s. 121.78 (5) and then at the first opportunity to do so applied for admittance

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1to a nonresident school district under this section, and 2nd to pupils and to siblings
2of pupils who are already attending public school in the nonresident school district.
3If a nonresident school board determines that space is not otherwise available for
4open enrollment pupils in the grade or program to which an individual has applied,
5the school board may nevertheless accept an applicant who is already attending
6school in the nonresident school district or a sibling of the applicant required to be
7given preference.

AB393-ASA1,6,229 118.51 (6) Resident school district transfer limitations. A school board may
10limit the number of its resident pupils attending public school in other school
11districts under this section in the 1998-99 school year to 3% of its membership. In
12each of the 7 succeeding school years, a school board may limit the number of its
13resident pupils attending public school in other school districts to an additional 1%
14of its membership. If more than the maximum allowable number of resident pupils
15apply to attend public school in other school districts in any school year under this
16section, the school board shall determine which pupils will be allowed to attend
17public school in other school districts on a random basis, except that the school board
18shall give preference first to pupils who transferred to a nonresident school district
19under s. 121.78 (5) and then at the first opportunity to do so applied for admittance
20to a nonresident school district under this section, and 2nd to pupils who are already
21attending public school in the school district to which they are applying under this
22section and to siblings of such pupils.

AB393-ASA1,7,224 118.51 (14) (a) 1. Except as provided in subd. subds. 2. and 3., the parent of a
25pupil attending public school in a nonresident school district under this section is

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1responsible for transporting the pupil to and from school in the nonresident school
2district attended by the pupil.

AB393-ASA1,7,74 118.51 (14) (a) 3. If the pupil transferred to another school district under s.
5121.78 (5) and then at the first opportunity to do so was admitted to a nonresident
6school district that is contiguous to the school district of residence under this section,
7s. 121.78 (5) (e) 1. continues to apply to the transportation of the pupil.

AB393-ASA1,7,169 121.54 (10) Attendance in nonresident school district. Subject to s. 118.51
10(14) (a) 2., a school board may elect to provide transportation, including
11transportation to and from summer classes, for nonresident pupils who are
12attending public school in the school district under s. 118.51, 121.78 (5), or 121.84 (4),
13or its resident pupils who are attending public school in another school district under
14s. 118.51, 121.78 (5), or 121.84 (4), or both, except that a school board may not provide
15transportation under this subsection for a nonresident pupil to or from a location
16within the boundaries of the school district in which the pupil resides.

AB393-ASA1,7,2018 121.78 (5) Victims of violent criminal offenses. (a) In this subsection,
19"violent criminal offense" has the meaning given in the administrative rules
20promulgated by the department to implement 20 USC 7912.

AB393-ASA1,7,2421 (b) A school board shall allow a pupil enrolled in the school district who is the
22victim of a violent criminal offense, as determined by the school board, to attend a
23public school outside the school district of residence, and shall pay tuition for the
24pupil, if all of the following apply:

AB393-ASA1,8,3

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11. a. The pupil was the victim of the violent criminal offense while on the school
2grounds of the school that the pupil attends, during school hours or during a
3school-sponsored event held at the school that the pupil attends; or

AB393-ASA1,8,84 b. The pupil was the victim of the violent criminal offense while being
5transported to school to attend curricular programs during school hours, or from
6school to home immediately following school hours, on a school bus owned, leased,
7or contracted by the school board or in a motor vehicle operated as an alternative
8method of providing transportation under s. 121.555.

AB393-ASA1,8,109 2. There is no other public school operated by the school board in the pupil's
10school district of residence that has the appropriate grade level for the pupil.

AB393-ASA1,8,1311 3. The pupil or his or her parent or guardian reports the violent criminal offense
12to the appropriate law enforcement agency and to the principal of the school that the
13pupil attends.