Residency, Tuition & Tuition Waivers

1. Residency, Tuition & Tuition Waivers Department of Public Instruction Open Enrollment Technical Assistance Workshops November/December 2012

2. Wisconsin Constitution • The legislature shall provide by law for the establishment of district schools … and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years … Article X, Section 3, Wisconsin Constitution

3. Wisconsin Statute • Every elementary school and high school shall be free to all pupils who reside in the school district. • If facilities are adequate, a school board … may admit nonresident pupils who meet its entrance requirements… the agency of service shall charge tuition for each nonresident pupil. Wis. Stats. § 121.77 (1) (a) and (b)

4. Residency Wisconsin Supreme Court State Ex. Rel. School District v. Thayer (1889) 74 Wis. 48

5. The Thayer Rule • Children only are entitled to free tuition as are actually residing in the district... • ..,.for other, as a main purpose, than to participate in the advantages which the school affords.

6. However, a minor child may have a residence for school purposes other than that of his or her parents; • Thus, if the child is living in the school district “for other, as a main purpose, than to participate in the advantages which the school affords,” the child is a resident for school purposes.

7. Adults & Emancipated Minors • An 18-year-old may establish her/his own residence. • A minor who has been emancipated—such as by marriage, formal or informal agreement, or parent abandonment—may establish her/his own residence. • An unaccompanied youth may be considered a resident of the school district in which s/he resides.

8. Determining Residency • The school district of attendance is the agency responsible for determining residency. • No other district than the district of attendance is responsible for determining residency. • Must weigh all factors and determine whether child is a resident.

9. Two questions: • Does the child live within the district? • For a purpose other than school attendance? • If yes to both questions: • Child is a resident and must be permitted to attend school without payment of tuition. • If no to either question: • Child is not a resident for school purposes.

10. Does the Child Live Within the District? • Pupil must be physically present and not just at times when school is in session. • If yes, does the child live with his/her parents? • If no, why is the child residing in the district?

11. Physical residence = where the child lays their head at night during the school week. • No 50% rule or specified amount of time. • No requirement for intent to remain. • A business address, post office box or sham residence does not constitute residency.

12. With His or Her Parents? • If the child’s parents live in two school districts: • Child lives with both parents • Child is a resident and can attend either district. • Child lives exclusively with one parent • Child is only a resident of the district in which the child resides with that parent.

13. Away from Parents? • School district needs to ask the reason for the pupil’s residence away from parents, and make a determination about the primary purpose: • To attend school: • Child is not a resident for school purposes • Other than to attend school: • Child is a resident for school purposes.

14. Children in Foster and Group Homes • Children who live in non-tax exempt foster and group homes: • Are residents of the school district in which the foster/group home is located.

15. Legal Guardianship Is Not Determinative • Legal guardianship transferred for the purpose of enabling the pupil to attend school does not confer residency. • School district may not require that legal guardianship be transferred in order for the child to meet the residency test.

16. Tuition

17. Wisconsin Statute • If facilities are adequate, a school board … • May admit nonresident pupils who meet its entrance requirements… • The agency of service shall charge tuition for each nonresident pupil. Wis. Stats. § 121.77 (1) (a) and (b)

18. Who Pays the Tuition? • The child’s resident district: • If the child is open enrolled or AYTW (state transfers $ for regular education) • If the school board places the child in the nonresident district either on its own or in response to a parent’s request under Wis. Stats. § 118.51 (1) (d). • Tuition is equal to open enrollment transfer amount.

19. The state, for children: • Who reside in a children’s home. • Whose parents are employed by & reside on the grounds of certain state or federal property. • Who reside in tax-exempt foster or group homes outside the school district in which the child’s parent resides. • The tuition is calculated using the state tuition calculation at Wis. Stats. § 121.83

20. The child’s parent: • Parent-paid tuition is equal to the open enrollment transfer amount: • Estimated $6,445 for 2012-13 school year.

21. Special Circumstances

22. When May a Child Attend a School District Without Payment of Tuition? • Open enrollment - § 118.51 • Senior rule - § 121.84 (1) (b) • Homeless child or unaccompanied youth (McKinney-Vento Act) • Foreign exchange pupils - § 121.84 (1) (c) • 9-week waiver - impending move into district (9 week waiver) -. § 121.81 (2) • Tuition waiver due to move out of a district - § 121.84 (1) (a) and (4) (b)

23. Senior Rule • Senior rule: • Pupil has attained senior status in the school district. • Pupil was a resident of the district at the time of attaining senior status. • Nonresident district counts pupil. Wis. Stats. § 121.84 (1) (b)

24. Homeless Children • Homeless children and unaccompanied youths, • Must be permitted to continue to attend the school of origin, • And must be provided transportation back to the school of origin, • Until they are permanently housed. • Contact: Lara Kain @ 608-267-7338 or Carolyn Parkinson @ 608-267-1284 for information about programs for homeless children and youth

25. Foreign Exchange Students • A school board may permit a foreign exchange student to attend school in the school district without payment of tuition. • Even if the student’s host family resides in a different school district. • The school district of attendance counts the pupil in membership. Wis. Stats. § 121.84 (1) (c)

26. Tuition Waivers& Alternative Application Procedure

27. Nine-Week Waiver • Written declaration that parent will establish residency in district by specified date. • District may charge tuition for 9 weeks or may waive tuition for 9 weeks. • If parent establishes residency within 9 weeks, tuition for that 9 weeks is refunded. Wis. Stats. § 121.81 (2)

28. If parent does not establish residency within 9 weeks, no refund of tuition fee, but another written application may be filed for next 9 weeks. • If residency is not established in next 9 weeks, no refund of tuition fee. The pupil may only continue to attend if parent enters into a tuition agreement. • If residency is established before the end of 18 weeks, the nonresident district counts pupil in membership.

29. Tuition Waiver Due to a Move • Permits a pupil who moves out of a school district to remain in that district long enough to apply for open enrollment during a regular application period. • Types of waivers: • “Current year” • permissive • mandatory • “Additional year” mandatory Wis. Stats. § 121.84 (1) and (4)

30. Current Year Waivers (CYTW) • Pupil is a resident of the nonresident district: • On the 3rd Friday in September, or • The 2nd Friday in January, and • At least 20 school days. • On July 1 of the current school year, pupil is: • A resident of the nonresident district, • Enrolled in the nonresident district, and • Is not eligible for any other type of waiver. Mandatory (District Must Grant) Permissive (District May Grant) Nonresident district counts pupil

31. Additional Year Waiver (AYTW) • Nonresident district must permit pupil to attend if the pupil: • Was a resident on the previous 2ndFriday in January, and • Was enrolled continuously from the 2nd Friday to the end of the school year, and • Moved out of the district after the 1st Monday in February, and • Continues to reside in Wisconsin. • Funding same as open enrollment.

32. Additional Year Waiver (AYTW) • Resident district may deny AYTW: • If the cost of a pupil’s special education and related services, • As required in the IEP, • Is an undue financial burden. • Resident district is probably eligible for a “transfer of service” revenue limit exemption. • Denial may be appealed.

33. Alternative Application Procedure • Allows parents to apply for open enrollment at any time during the school year, if certain criteria are met. • Does the alternative application procedure replace tuition waivers? • Yes and no. • Tuition waiver statute is separate from open enrollment statute and was not repealed or amended. • Sometimes tuition waivers make more sense, other times an alternative open enrollment is preferable.

34. Tuition Waivers v.Alternative Application Procedure • In place of AYTW: • Unless the application is/will be denied by either the nonresident or resident district. • In place of CYTW: • If the pupil’s move takes place on or prior to the 3rd Friday in September, and • The pupil remains a Wisconsin resident. • AYTW in place of Alt. App: • If the application is/will be denied by either the nonresident or resident district. • CYTW in place of Alt. App: • If the pupil’s move takes place after the 3rd Friday in September, or • The pupil moves out of Wisconsin. Alternative Application Procedure Tuition Waivers

35. Move Out of State • If a pupil moves out of state: • Is eligible under the senior rule, if other criteria are met. • May be eligible for either current year permissive or mandatory waiver, if other criteria are met. • Is not eligible for additional year waiver. • Is not eligible for open enrollment.

36. Transportation • Parents are responsible for transportation. • Low-income parents may apply to DPI for reimbursement of transportation costs: • For AYTW or open enrollment, but not for CYTW. • IEP transportation must be provided by the nonresident district: • Nonresident district pays for CYTW costs. • May bill resident district for AYTW or OE costs to the extent it is an actual, additional cost.

37. Resources • Web site: http://sms.dpi.wi.gov/sms_psctoc • Open Enrollment List Serve: • Receive information and announcements • Printed information rarely used • To sign up, send email to: openenrollment@dpi.wi.gov

38. DPI Open Enrollment Staff • Mary Jo Cleaver, Open Enrollment Consultant 608-267-9101 or toll-free 888-245-2732 maryjo.cleaver@dpi.wi.gov or openenrollment@dpi.wi.gov • Jennifer Danfield, Open Enrollment Education Specialist 608-264-6707 or toll-free 888-245-2732 jennifer.danfield@dpi.wi.gov or openenrollment@dpi.wi.gov • Robert Soldner, Director, School Management Services 608-266-7475 robert.soldner@dpi.wi.gov