2009 WISCONSIN ACT
304
An Act
to amend
118.51 (9); and
to create
118.51 (1) (am), 118.51 (5) (a) 3. and 118.51 (11) of the statutes;
relating to:
pupils attending a school district under the Open Enrollment Program who are habitually truant.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
118.51 (1) (am) of the statutes is created to read:
118.51
(1)
(am) "Habitual truant" has the meaning given in s. 118.16 (1) (a).
Section
2
.
118.51 (5) (a) 3. of the statutes is created to read:
118.51
(5)
(a) 3. Whether the nonresident school board determined that the pupil was habitually truant from the nonresident school district during any semester of attendance at the nonresident school district in the current or previous school year.
Section
3
.
118.51 (9) of the statutes is amended to read:
118.51
(9)
Appeal of rejection.
If the nonresident school board rejects an application under sub. (3) (a) or (7)
or
,
the resident school board prohibits a pupil from attending public school in a nonresident school district under sub. (6), (7) or (12) (b) 1.,
or the nonresident school board prohibits a pupil from attending public school in the nonresident school district under sub. (11),
the pupil's parent may appeal the decision to the department within 30 days after the decision. If the nonresident school board provides notice that the special education or related service is not available under sub. (12) (a), the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. If the resident school board provides notice of transfer under sub. (12) (b) 2., the pupil's parent may appeal the required transfer to the department within 30 days after receipt of the notice. The department shall affirm the school board's decision unless the department finds that the decision was arbitrary or unreasonable.
Section
4
.
118.51 (11) of the statutes is created to read:
118.51
(11)
Habitual truancy.
Notwithstanding subs. (3) (c) and (13), if a nonresident school board determines that a pupil attending the nonresident school district under this section is habitually truant from the nonresident school district during either semester in the current school year, the nonresident school board may prohibit the pupil from attending the nonresident school district under this section in the succeeding semester or school year.
Section
5
.
Initial applicability.
(1) This act first applies to applications to attend and pupils attending a nonresident school district under the open enrollment program in the 2010-11 school year.
