LRB-2040/2
TKK:cjs:jf
2007 - 2008 LEGISLATURE
June 14, 2007 - Introduced by Representatives Staskunas, Jorgensen, Hahn and
Petrowski, cosponsored by Senators Olsen, Darling, Roessler and Schultz.
Referred to Committee on Education.
AB402,1,5
1An Act to renumber and amend 118.52 (5);
to amend 118.51 (3) (c) 1., 118.51
2(5) (a) 2. (intro.), 118.51 (5) (b), 118.51 (8), 118.52 (3) (b) and 118.52 (10); and
to
3create 118.51 (5) (a) 2. e., 118.51 (5) (a) 3., 118.52 (5) (a) and 118.52 (5) (b) of the
4statutes;
relating to: eligibility for full-time and part-time public school open
5enrollment.
Analysis by the Legislative Reference Bureau
Under the current full-time open enrollment program, a pupil may apply to
attend a public school in a school district other than the pupil's resident school
district if certain conditions are met. Current law establishes criteria that a school
district must use to determine whether to accept or reject a nonresident pupil. A
school board may consider the availability of space in the school or program to which
the nonresident pupil has applied, whether the pupil has been expelled from school
during the current or two preceding school years for certain specified reasons,
whether a disciplinary proceeding involving the pupil is pending, and whether the
pupil's individualized education program needs have been evaluated by the resident
school district or can be fulfilled in the nonresident school district. A school district
must adopt a resolution specifying its acceptance and rejection criteria.
This bill permits a school district to consider additional criteria related to the
disciplinary and criminal history of a pupil when deciding whether to accept or reject
the nonresident pupil. These additional criteria include whether the pupil has been
suspended in the previous school year; whether the pupil has ever been expelled or
suspended or subject to discipline for certain specified reasons, including truancy;
and whether the pupil has been adjudicated delinquent or in violation of a criminal
law or a civil law or ordinance.
Under the current full-time enrollment program, a school district may only
require a nonresident pupil to reapply to attend a school in the nonresident school
district one time. This bill allows a school district to require the nonresident pupil
to reapply when the pupil enters middle school, junior high school, and high school.
Under the current part-time open enrollment program, a pupil enrolled in a
public school in the high school grades may apply to attend not more than two courses
offered by a nonresident school district. A school board must apply the same criteria
for accepting or rejecting a nonresident pupil as it applies to pupils who reside in the
district, but may give priority to pupils who reside in the school district. This bill
allows a school district to consider whether the pupil has been suspended in the
previous school year; whether the pupil has ever been expelled or suspended or
subject to discipline for certain specified reasons, including truancy; and whether the
pupil has been adjudicated delinquent or in violation of a criminal law or a civil law
or ordinance when determining whether to accept or reject a nonresident pupil.
Under the current full-time and part-time open enrollment programs, a
nonresident school board may request from a resident school board a copy of any
expulsion findings and orders involving a pupil who has applied to attend a
nonresident school. The resident school board must comply with the request. This
bill requires the resident school board to also provide a nonresident school board with
records pertaining to any suspension, detention, or disciplinary proceedings
involving the pupil.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB402, s. 1
1Section
1. 118.51 (3) (c) 1. of the statutes is amended to read:
AB402,2,82
118.51
(3) (c) 1. If a pupil's parent notifies a nonresident school board, under
3par. (a) 6., that the pupil intends to attend school in that school district in the
4following school year, the pupil may attend that school district in the following school
5year and may continue to attend that school district in succeeding school years
6without reapplying, except that the nonresident school board may require that the
7pupil reapply
, no more than once, when the pupil enters middle school, junior high
8school
or, and high school.
AB402, s. 2
9Section
2. 118.51 (5) (a) 2. (intro.) of the statutes is amended to read:
AB402,3,6
1118.51
(5) (a) 2. (intro.) Whether the pupil has been
suspended from school
2within the previous school year; whether the pupil has ever been expelled
or
3suspended from
or assigned to detention at school by any school district
during the
4current or 2 preceding school years for any of the following reasons
; or whether a
5disciplinary proceeding involving the pupil, which is based on any of the following
6reasons, is pending:
AB402, s. 3
7Section
3. 118.51 (5) (a) 2. e. of the statutes is created to read:
AB402,3,88
118.51
(5) (a) 2. e. Truancy.
AB402, s. 4
9Section
4. 118.51 (5) (a) 3. of the statutes is created to read:
AB402,3,1310
118.51
(5) (a) 3. Whether the pupil has been adjudged to be delinquent under
11s. 938.12; to have violated a civil law or ordinance under s. 938.125 or s. 938.17; to
12be in need of protection or services under s. 938.13; or to have violated a criminal law
13under s. 938.18 or s. 938.183.
AB402, s. 5
14Section
5. 118.51 (5) (b) of the statutes is amended to read:
AB402,3,2115
118.51
(5) (b)
Rejection after initial acceptance. The criteria under par. (a) may
16provide that, notwithstanding the nonresident school board's acceptance of an
17application under sub. (3) (a) 3., at any time prior to the beginning of the school year
18in which the pupil will first attend school in the school district under this section, the
19school board may notify the pupil that he or she may not attend school in the school
20district if the school board determines that any of the criteria under par. (a) 2.
or 3. 21are met.
AB402, s. 6
22Section
6. 118.51 (8) of the statutes is amended to read:
AB402,4,723
118.51
(8) Disciplinary records. Notwithstanding s. 118.125, the resident
24school board shall provide to the nonresident school board to which a pupil has
25applied under this section, upon request by that school board, a copy of any expulsion
1or suspension findings and orders pertaining to the pupil, a copy of records of any
2detention or disciplinary proceedings involving the pupil, including pending
3disciplinary proceeding involving the pupil proceedings, a written explanation of the
4reasons for
the any expulsion
, suspension, detention, or
pending disciplinary
5proceeding and discipline, the length of the term of the expulsion
, suspension,
6detention, or
discipline, and the possible outcomes of
the any pending disciplinary
7proceeding.
AB402, s. 7
8Section
7. 118.52 (3) (b) of the statutes is amended to read:
AB402,4,129
118.52
(3) (b)
If Except as provided in sub. (5), if a nonresident school board
10receives more applications for a particular course than there are spaces available in
11the course, the nonresident school board shall determine which pupils to accept on
12a random basis.
AB402, s. 8
13Section
8. 118.52 (5) of the statutes is renumbered 118.52 (5) (intro.) and
14amended to read:
AB402,4,2015
118.52
(5) Nonresident school district acceptance and rejection criteria. 16(intro.) School board policies and criteria for accepting and rejecting applications
17under sub. (3) from pupils who reside in another school district shall be the same as
18the policies and criteria for entry into the course that apply to pupils who reside in
19the school district, except that the school board may give preference in attendance
20in a course to residents of the school district
., and may consider the following:
AB402, s. 9
21Section
9. 118.52 (5) (a) of the statutes is created to read:
AB402,5,222
118.52
(5) (a) Whether the nonresident pupil has been suspended from school
23within the previous school year; whether the nonresident pupil has ever been
24expelled or suspended from or assigned to detention at school by any school district
1for any of the following reasons; or whether a disciplinary proceeding involving the
2nonresident pupil, which is based on any of the following reasons, is pending:
AB402,5,53
1. Conveying or causing to be conveyed any threat or false information
4concerning an attempt or alleged attempt being made or to be made to destroy any
5school property by means of explosives.
AB402,5,76
2. Engaging in conduct while at school or while under supervision of a school
7authority that endangered the health, safety or property of others.
AB402,5,118
3. Engaging in conduct while not at school or while not under the supervision
9of a school authority that endangered the health, safety or property of others at
10school or under the supervision of a school authority or of any employee of the school
11district or member of the school board.
AB402,5,1312
4. Possessing a dangerous weapon, as defined in s. 939.22 (10), while at school
13or while under the supervision of a school authority.
AB402, s. 10
15Section
10. 118.52 (5) (b) of the statutes is created to read:
AB402,5,1916
118.52
(5) (b) Whether the nonresident pupil has been adjudged to be
17delinquent under s. 938.12; to have violated a civil law or ordinance under s. 938.125
18or s. 938.17; to be in need of protection or services under s. 938.13; or to have violated
19a criminal law under s. 938.18 or s. 938.183.
AB402, s. 11
20Section
11. 118.52 (10) of the statutes is amended to read:
AB402,6,521
118.52
(10) Disciplinary records. Notwithstanding s. 118.125, the resident
22school board shall provide to the nonresident school board to which a pupil has
23applied under this section, upon request by that school board, a copy of any expulsion
24or suspension findings and orders
pertaining to the pupil, a copy of records of any
25detention or disciplinary proceedings involving the pupil, including pending
1disciplinary proceeding involving the pupil
proceedings, a written explanation of the
2reasons for
the any expulsion
, suspension, detention, or
pending disciplinary
3proceeding and discipline, the length of the term of the expulsion
, suspension,
4detention, or
discipline, and the possible outcomes of
the any pending disciplinary
5proceeding.
