LRB-3994/1
PG:bjk:nwn
2007 - 2008 LEGISLATURE
February 12, 2008 - Introduced by Senator Lazich, cosponsored by
Representatives Nass, Suder, Tauchen, Nygren, Bies, Vos, Hahn, Owens,
LeMahieu, Mursau, Pridemore, A. Ott, Jeskewitz and Albers. Referred to
Committee on Education.
SB475,1,4
1An Act to repeal 118.51 (4) (a) 5. and 118.51 (7) (a);
to renumber 118.51 (7) (b);
2to amend 118.51 (3) (a) 4. and 118.51 (9); and
to repeal and recreate 118.51
3(7) (title) of the statutes;
relating to: eliminating racial balance as a basis for
4rejecting a pupil under the Open Enrollment Program.
Analysis by the Legislative Reference Bureau
Currently, under the full-time Open Enrollment Program, a pupil may attend
a public school located outside the school district in which he or she resides under
certain conditions. Current law provides various bases for the pupil's school district
of residence and for the school district that the pupil wishes to attend to reject the
pupil's application for transfer. One of these bases is a requirement that a school
district eligible for special transfer aid (commonly referred to as Chapter 220 aid)
reject an application if the transfer would increase racial imbalance in the school
district. This bill eliminates this basis for rejection of a pupil's application under the
Open Enrollment Program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB475, s. 1
5Section
1. 118.51 (3) (a) 4. of the statutes is amended to read:
SB475,2,6
1118.51
(3) (a) 4. On or before the first Friday following the first Monday in April
2following receipt of a copy of the application, if a resident school board denies a pupil's
3enrollment in a nonresident school district under sub. (6)
, (7) or (12) (b) 1., the
4resident school board shall notify the applicant and the nonresident school board, in
5writing, that the application has been denied and include in the notice the reason for
6the denial.
SB475, s. 2
7Section
2. 118.51 (4) (a) 5. of the statutes is repealed.
SB475, s. 3
8Section
3. 118.51 (7) (title) of the statutes is repealed and recreated to read:
SB475,2,99
118.51
(7) (title)
Special transfer program.
SB475, s. 4
10Section
4. 118.51 (7) (a) of the statutes is repealed.
SB475, s. 5
11Section
5. 118.51 (7) (b) of the statutes is renumbered 118.51 (7).
SB475, s. 6
12Section
6. 118.51 (9) of the statutes is amended to read:
SB475,2,2413
118.51
(9) Appeal of rejection. If the nonresident school board rejects an
14application under sub. (3) (a)
or (7) or the resident school board prohibits a pupil from
15attending public school in a nonresident school district under sub. (6)
, (7) or (12) (b)
161., the pupil's parent may appeal the decision to the department within 30 days after
17the decision. If the nonresident school board provides notice that the special
18education or related service is not available under sub. (12) (a), the pupil's parent
19may appeal the required transfer to the department within 30 days after receipt of
20the notice. If the resident school board provides notice of transfer under sub. (12) (b)
212., the pupil's parent may appeal the required transfer to the department within 30
22days after receipt of the notice. The department shall affirm the school board's
23decision unless the department finds that the decision was arbitrary or
24unreasonable.
SB475,3,2
1(1)
This act takes effect on the first Monday in February following the date of
2publication.
