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Legislation Update and Other Current Issues

Legislation Update and Other Current Issues. Recently-Enacted and Proposed Legislation. 2005 WI Act 25 (2005-07State Budget). Internet Application & Reporting Study

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Legislation Update and Other Current Issues

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  1. Legislation Update and Other Current Issues

  2. Recently-Enacted and Proposed Legislation

  3. 2005 WI Act 25 (2005-07State Budget) • Internet Application & Reporting Study • By March 1, 2006, the DPI shall submit to the governor and the JFC a report on the feasibility and cost of developing and implementing a statewide Internet-based application and reporting system for the open enrollment program.

  4. 2005 Senate Bill 206 • Proposes to amend Wis. Stats § 121.54(10). • Would allow a nonresident school district to pick up an open enrolled student within the student’s resident district if the resident approves.

  5. Sponsors and co-sponsors: • Senators Brown, Darling, Reynolds, Roessler, A. Lasee, Olsen and Grothman • Representatives Gronemus, Musser, Gard, Hines, Jensen, Ballweg, Pridemore, Ott, M. Williams, Albers and Stone

  6. Current status: • Recommended for passage by the Senate Education Committee, 7-0 • Passed the Senate • Messaged to Assembly • Referred to Assembly Committee on Education Reform • Public hearing held October 26

  7. Administrative RuleChangesEffective December 1, 2005

  8. Parents’ Signatures • PI 36.03 (1) (d) has been amended. • It is no longer required that two parents sign the open enrollment form in joint custody situations. • One parent may submit an OE application.

  9. Deadline for Filing an OE Appeal • PI 36.10 (2) has been amended. • The 30-day period during which a parent may file an open enrollment appeal begins on the day the notice of denial is postmarked or delivered to the parent, whichever is earlier.

  10. Reporting Change PI 1920 Summary of Approvals & Denials

  11. It is no longer necessary to report approvals, denials and reason for denial for individual students • Instead, each district is to submit a Summary of Approvals and Denials and Reasons for Denial http://dpi.wi.gov/forms/doc/f9420.doc

  12. PI 9420 – Summary of Approvals and Denials • Total Applications In and Out • Number Approved • Number Denied • Reasons for Denial • Students w/Disabilities’ Applications In and Out • Number Approved • Number Denied http://dpi.wi.gov/forms/doc/f9420.doc

  13. New web site address http://dpi.wi.gov/sms/psctoc.html

  14. Calculation of Open Enrollment Special Education Costs Doe v. Burmaster 03-CV-892 U.S. District Court for the Eastern District of Wisconsin

  15. Order • Federal law prohibits a nonresident district from charging open enrollment tuition that exceeds the basic open enrollment amount plus… • …only the actual, additional student-specific special education cost to educate the student in the nonresident district.

  16. Federal law prohibits a resident district from denying open enrollment to a child w/a disability based on undue financial burden… • ……the undue financial burden determination was based only on the actual, additional student-specific special education cost to educate the student in the nonresident district.

  17. Federal law prohibits the DPI from upholding the denial of OE to a student w/a disability, based on undue financial burden, unless… • …the undue financial burden determination was based only on the actual, additional student-specific special education cost to educate the student in the nonresident district.

  18. New Method of Calculating Costs • Begins with basic open enrollment amount • $5,745 estimated for 2005-06

  19. Nonresident district may add only: • Actual • Additional • Student specific • Special education costs

  20. Actual, Additional • Includes only actual increases in costs • May not be a prorated or averaged cost • Must be a new cost • Not a reallocated or reassigned cost

  21. Student Specific • Directly attributable to the student • May only charge for costs that would not be incurred if the student were not there • May not charge for shared services • Example: adding a new section of a class

  22. Special Education Costs • May only charge for special education and related services required by the IEP • Speech/Language • Visually Impaired Services • Individual Aide • Occupational Therapy/Physical Therapy • Special Transportation • Other Services

  23. I. AGENCY AND STUDENT INFORMATION Name of District Providing Services (Non-Resident District) Name of Resident District Name of Student School Year Brief Narrative Describing Services Required in the Student's Individual Education Plan (IEP) New Form – PI 2092http://dpi.wi.gov/sms/xls/pi2092.xls

  24. Resources

  25. Open Enrollment Web Site & List Serve Open Enrollment Web Site www.dpi.wi.gov/sms/psctoc.html Open Enrollment List Serve • receive information and announcements • printed information rarely used • to sign up, send email to: L.scott.eagleburger@dpi.state.wi.us

  26. Open Enrollment StaffToll-free: 888-245-2732Fax: 608-267-9207

  27. Department of Public Instruction125 S. Webster StreetP.O. Box 7841Madison, WI 53707-7841www.dpi.wi.gov/sms/psctoc.html

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