2009 WISCONSIN ACT
303
An Act
to renumber and amend
118.51 (5) (a) 1.;
to amend
118.51 (3) (a) 2.; and
to create
118.51 (5) (a) 1. c. of the statutes;
relating to:
accepting pupils under the full-time Open Enrollment Program.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
118.51 (3) (a) 2. of the statutes is amended to read:
118.51
(3)
(a) 2. A nonresident school board may not act on any application received under subd. 1. until after the 3rd Friday following the first Monday in February. If a nonresident school board receives more applications for a particular grade or program than there are spaces available in the grade or program, the nonresident school board shall determine which pupils to accept, including pupils accepted from a waiting list under sub. (5) (d), on a random basis, after giving preference to pupils and to siblings of pupils who are already attending
public school in
the nonresident school district
and, if the nonresident school district is a union high school district, to pupils who are attending an underlying elementary school district of the nonresident school district under this section
. If a nonresident school board determines that space is not otherwise available for open enrollment pupils in the grade or program to which an individual has applied, the school board may nevertheless accept
an applicant
a pupil or the sibling of a pupil
who is already attending
school in
the nonresident school district
or a sibling of the applicant
and, if the nonresident school district is a union high school district, a pupil who is attending an underlying elementary school district of the nonresident school district under this section
.
Section
2
.
118.51 (5) (a) 1. of the statutes is renumbered 118.51 (5) (a) 1. (intro.) and amended to read:
118.51
(5)
(a) 1. (intro.) The availability of space in the schools, programs, classes, or grades within the nonresident school district. In determining the availability of space, the nonresident school board may consider criteria such as class size limits, pupil-teacher ratios, or enrollment projections established by the nonresident school board and may include in its count of occupied spaces
pupils
all of the following:
a. Pupils
attending the school district for whom tuition is paid under s. 121.78 (1) (a)
and pupils
.
b. Pupils
and siblings of pupils who have applied under sub. (3) (a) and are already attending
public school in
the nonresident school district.
Section
3
.
118.51 (5) (a) 1. c. of the statutes is created to read:
118.51
(5)
(a) 1. c. If the nonresident school district is a union high school district, pupils who have applied under sub. (3) (a) and are currently attending an underlying elementary school district of the nonresident school district under this section.
Section
4
.
Effective date.
(1)
This act takes effect on July 1, 2010.
