Open Enrollment & Students with Disabilities

1. Open Enrollment & Students with Disabilities

2. Open Enrollment • Changed the paradigm concerning where children go to school. • No longer limited to resident district. • Parents can apply to send their children to a district other than the one in which they reside. • School districts have only limited reasons for denying an application.

3. Special Education Open Enrollment • Added a new paradigm concerning placement of a student w/a disability. • Residency paradigm: parent chooses district through residency, resident district is FAPE agency and provides placement. • OE paradigm: parent chooses district through open enrollment; nonresident district is FAPE agency and provides placement.

4. Students with Disabilities are Eligible for OE • Students with disabilities can and do participate in open enrollment.

5. Specific Provisions Affect OE for Students w/Disabilities • Eligibility for 4K, Pre-K and ECE • Application Process and Procedures • Reasons for Denial • Transportation • FAPE Agency • Referral • Continuation of Open Enrollment • Funding

6. Eligibility • Any student in grades 5K to 12 may apply for open enrollment. • Children may apply for 4K, pre-K and early childhood educationonly if: • the resident district offers the same type of program, and • The child is eligible for the program in the resident school district

7. Early Childhood Education • “Same type of program” is defined as the special education and related services required in the student’s IEP: • It is assumed that the resident district offers the special education/related services required in the IEP. • A child whose IEP requires only a related service may not open enroll for an early childhood education program.

8. ECE Issue - Age • Children do not have to be three years old in order to apply for open enrollment. However, if the child has not attended the nonresident district by the 3rd Friday in September, the open enrollment is void. • Thus, as a practical matter, the student must be three by the 3rd Friday.

9. ECE Issue - IEP • A nonresident school district may deny a student with a disability who does not have an IEP. • Therefore, if at all possible, an IEP should be in place before applying for open enrollment.

10. Application ProceduresApproval and Denial

11. Parental Application • All parents must submit an application to the nonresident school district during the February application period (Feb. 5-23, 2007) • The application asks: • Has the student ever been found, by an IEP team, to have a disability? • If yes, does the student have an IEP?

12. Districts Exchange Information • The nonresident district sends a copy of the application to the resident district & requests special education (IEP) and expulsion records • recommend records be requested for all students, regardless of what the parent indicated on the application form • Resident district must provide records within 5 working days

13. Special Education Estimate • By March 15, the nonresident school district must send to the resident school district an estimate of the actual, additional costs it will incur to provide special education to the student. • Estimate must be provided even if the nonresident district plans to deny the open enrollment

14. Nonresident DistrictGeneral Reasons for Denial • Nonresident district may deny any student if: • It does not have space in the schools, grades, classes or programs. • The student has been expelled for certain violent conduct

15. Nonresident DistrictSpec. Ed. Reasons for Denial • May deny if a student has been referred for an IEP team evaluation, but has not yet been evaluated, that is: • It has not yet been determined whether the student has a disability, or • A student with a disability does not have a current IEP. • Students with disabilities who are home-schooled, in private schools, or in birth to 3 should request an evaluation to be completed before applying for OE.

16. Nonresident DistrictSpec. Ed. Reasons for Denial • May deny if: • The special education or related services required in the student’s IEP are not available in the district. • There is no space in the special education or related services required in the student’s IEP.

17. Resident DistrictSpec. Ed. Reason for Denial • May deny if the special education cost charged by the nonresident district is an undue financial burden, in light of the resident district’s total economic circumstances, including: • It’s revenue limit, • It’s ability to pay the costs, • The per pupil cost for students with disabilities who continue to be served in the resident district.

18. Financial burden must be undue. • May not deny simply because: • the resident district can provide the special education and related services, • the nonresident district proposes to implement the IEP differently than the resident district would implement it. • the cost in the nonresident district is higher than the cost in the resident district

19. Appeal of Denial • A parent may appeal an open enrollment denial to the DPI. • The DPI is required to affirm the school board’s decision unless we find the decision is arbitrary or unreasonable. • DPI’s decision may be appealed to circuit court.

20. The Open Enrolled Student

21. New OE Student • A new open enrolled student is treated as a transfer student. • The receiving district must implement the previous school district’s IEP or develop a new IEP.

22. Rights & Responsibilities • Open enrolled students have the same rights and are subject to the same rules and regulations as resident students. • Discipline • Access to programs and services • Extra-curricular activities • Sports are subject to WIAA

23. Transportation • Parents are responsible for transporting OE students, including students with disabilities, except…. • IEP-required transportation must be provided by the nonresident district. • Cost of special education transportation may be charged to resident district to the extent that it is an actual, additional cost to the nonresident district.

24. FAPE Agency • The nonresident school district is responsible to provide a free, appropriate public education (FAPE) to an open enrolled student. This includes: • Procedural safeguards • Due process • IEP team (must include resident district) • Placement

25. IEP Team • The nonresident school district is responsible for the IEP team. • The resident district must appoint a member to the IEP team. • The purpose of the resident school district member on the team is to provide FAPE for the student. It is not to protect the financial interests of the resident district.

26. Placement • The IEP team has the same placement responsibility and options as for a resident student: • Placement in district (requested school is not guaranteed. • Placement out of district: • Tuition to another district • CESA • CCDEB • Other Cooperative or Consortium

27. Referral • Either school district may receive a referral. • Must notify the other district. • Nonresident district must have a process whereby the special education team is made aware of students’ OE status • Nonresident district convenes IEP team…

28. Availability and Space • If an IEP is developed, the nonresident district may consider whether: • the special education and related services are available in the district, or • there is space in the special education and related services.

29. If no, the nonresident school district may require the child to return to the resident district, which must provide a placement. • Written notice to resident district and parent. • This decision may be appealed to the DPI.

30. If yes, the nonresident school district must send to the resident school district, as soon as possible, an estimate of the actual, additional cost it will incur to provide the special education and related services to the student.

31. Undue Financial Burden • If the cost to be charged by the nonresident school district is an undue financial burden, the resident district may require the child to return to the resident district, which must provide a placement. • Written notice to resident district and parent. • This decision may be appealed to the DPI.

32. OE Funding

33. Pupil Count • The resident district counts the student in membership for state aid and revenue limits • The nonresident district counts the student for everything else: • Child count • WSLS/ISES • State assessments

34. Regular EducationState Aid Adjustments • For each regular education open enrolled student… • The DPI transfers a state-set amount from the resident school district’s final June state aid payment… • To the nonresident school district’s final June state aid payment.

35. The state aid adjustment is equal to the prior year state average per pupil cost for: • regular education. • co-curricular activities. • instructional support services. • pupil services. • Estimated amount for 2006-07 is $5884.

36. Special EducationActual, Additional Costs • No state aid adjustment is made by the DPI for special education students. • Instead, the nonresident district charges the resident district forthe basic open enrollment amount plus only actual, additional, special education costs to implement the student’s IEP.

37. Actual Additional Costs • May include only actual and additional, student-specific costs to provide special education, such as: • Cost of individual aide. • Related services that are provided by entities other than the school district, CESA, or other consortium. • Transportation, but only to the extent the cost is an actual, additional cost attributable to the student.

38. May not include averaged or prorated costs, such as costs for: • Adding a student to an existing class or program, such as ED or LD. • Related services that are accommodated within the therapist’s caseload. • Prorated share of any fixed costs. • Basic or administrative costs of providing special education in the district, such as evaluation, IEP team, test accommodations…

39. It is not appropriate for a resident school district to require or encourage a student to apply for open enrollment to a district that is already providing the placement for the student, in order to reduce the cost of the placement.

40. If acceptance of the student would cause the district to exceed its class size or case load, the district may not charge the cost of adding another section. • The district may deny the application if it does not have space.

41. Transfer of Service • When a student with a disability moves into a new resident district, the resident district is eligible for a transfer of service revenue limit exemption if it experiences new costs to provide the special education or related services...

42. If the new resident is attending a nonresident district under open enrollment or an additional year tuition waiver, the district is eligible for a TOS revenue limit exemption for the amount of the actual, additional, special education cost charged by the nonresident district.

43. Tuition Waivers

44. Tuition Waivers • Apply when a student who is attending a particular school district, moves out of that district too late to apply for open enrollment, and wishes to continue to attend that district.

45. Types of Waivers • Depending on the date of the move, the student may be eligible for: • A current year waiver. • An additional year waiver.

46. Funding Different for Each Type of Waiver • Current year waiver: • district of attendance counts the student, & • pays for all special education/related services, including IEP-required transportation • Additional year waiver: • funding is exactly the same as for open enrollment • resident district counts student & pays OE amount + actual, additional costs

47. Summary • Students with disabilities can and do participate in open enrollment • Can be denied for same reasons as regular ed students, plus: • If special education/related services not available in nonresident district or no space. • If actual, additional cost charged by nonresident district is an undue financial burden to the resident district

48. IEP-required transportation must be provided. • The nonresident district is the FAPE agency.

49. Development or revision of an IEP for an OE student permits the: • Nonresident district to reconsider availability of special education/related services; • Resident district to reconsider whether cost is an undue financial burden

50. Nonresident district charges resident district: • The basic open enrollment amount, plus only... • Any actual, additional costs to provide the special education to the student