Open Enrollment & Students with Disabilities by Sw5SZtwp

VIEWS: 5 PAGES: 52

									Wisconsin
Department
of Public
Instruction
                 Open Enrollment &
Public
School Open   Students with Disabilities
Enrollment
Workshops


November
2006
                      Open Enrollment

Wisconsin
Department    • Changed the paradigm concerning
of Public
Instruction
                where children go to school.
                – No longer limited to resident district.
Public          – Parents can apply to send their children
School Open       to a district other than the one in which
Enrollment
Workshops         they reside.
                – School districts have only limited reasons
November          for denying an application.
2006
                       Special Education
                       Open Enrollment
Wisconsin     • Added a new paradigm concerning
Department
of Public       placement of a student w/a disability.
Instruction
                – Residency paradigm: parent chooses
                  district through residency, resident
Public            district is FAPE agency and provides
School Open
Enrollment        placement.
Workshops
                – OE paradigm: parent chooses district
                  through open enrollment; nonresident
November          district is FAPE agency and provides
2006
                  placement.
                  Students with Disabilities
                     are Eligible for OE
Wisconsin     • Students with disabilities can and do
Department
of Public       participate in open enrollment.
Instruction
                Year      # Students w/Disabilities   % of Total
               1998-99              171                 6.9%
Public        1999-2000             367                 7.5%
School Open    2000-01              514                 7.1%
Enrollment
Workshops      2001-02              789                 8.2%
               2002-03              987                 7.8%
               2003-04             1,271                8.2%
November
2006           2004-05             1,512                8.3%
               2005-06             1,810                8.6%
                  Specific Provisions Affect OE
                   for Students w/Disabilities
Wisconsin     •   Eligibility for 4K, Pre-K and ECE
Department
of Public     •   Application Process and Procedures
Instruction
              •   Reasons for Denial
Public        •   Transportation
School Open
Enrollment
              •   FAPE Agency
Workshops     •   Referral
              •   Continuation of Open Enrollment
November
2006          •   Funding
                             Eligibility

Wisconsin
Department
              • Any student in grades 5K to 12 may
of Public       apply for open enrollment.
Instruction
              • Children may apply for 4K, pre-K and
Public          early childhood education only if:
School Open     – the resident district offers the same
Enrollment
Workshops         type of program, and
                – The child is eligible for the program in
November          the resident school district
2006
              Early Childhood Education

Wisconsin     • “Same type of program” is defined as
Department
of Public       the special education and related
Instruction     services required in the student’s
                IEP:
Public          – It is assumed that the resident district
School Open
Enrollment
                  offers the special education/related
Workshops         services required in the IEP.
                – A child whose IEP requires only a
November
                  related service may not open enroll for
2006              an early childhood education program.
                      ECE Issue - Age

Wisconsin     • Children do not have to be three
Department
of Public
                years old in order to apply for open
Instruction     enrollment. However, if the child
                has not attended the nonresident
Public          district by the 3rd Friday in
School Open     September, the open enrollment is
Enrollment
Workshops       void.
              • Thus, as a practical matter, the
November        student must be three by the 3rd
2006            Friday.
                      ECE Issue - IEP

Wisconsin
Department
              • A nonresident school district may
of Public       deny a student with a disability who
Instruction
                does not have an IEP.
Public        • Therefore, if at all possible, an IEP
School Open     should be in place before applying
Enrollment
Workshops       for open enrollment.

November
2006
Wisconsin
Department
of Public
Instruction   Application Procedures
Public
School Open
Enrollment
               Approval and Denial
Workshops


November
2006
                   Parental Application

Wisconsin
Department
              • All parents must submit an
of Public       application to the nonresident school
Instruction
                district during the February
                application period (Feb. 5-23, 2007)
Public
School Open   • The application asks:
Enrollment
Workshops       – Has the student ever been found, by an
                  IEP team, to have a disability?
November        – If yes, does the student have an IEP?
2006
              Districts Exchange Information

Wisconsin     • The nonresident district sends a
Department
of Public       copy of the application to the
Instruction     resident district & requests special
                education (IEP) and expulsion
Public          records
School Open
Enrollment      – recommend records be requested for
Workshops         all students, regardless of what the
                  parent indicated on the application form
November      • Resident district must provide
2006            records within 5 working days
               Special Education Estimate

Wisconsin
Department    • By March 15, the nonresident school
of Public       district must send to the resident
Instruction
                school district an estimate of the
Public
                actual, additional costs it will incur to
School Open     provide special education to the
Enrollment
Workshops       student.
                – Estimate must be provided even if the
November          nonresident district plans to deny the
2006              open enrollment
                   Nonresident District
                General Reasons for Denial
Wisconsin
Department    • Nonresident district may deny any
of Public
Instruction
                student if:
                – It does not have space in the schools,
Public            grades, classes or programs.
School Open     – The student has been expelled for
Enrollment
Workshops         certain violent conduct

November
2006
                   Nonresident District
               Spec. Ed. Reasons for Denial
Wisconsin     • May deny if a student has been referred
Department
of Public
                for an IEP team evaluation, but has not
Instruction     yet been evaluated, that is:
                 – It has not yet been determined whether the
                   student has a disability, or
Public
School Open      – A student with a disability does not have a current
Enrollment         IEP.
Workshops     • Students with disabilities who are home-
                schooled, in private schools, or in birth to
November        3 should request an evaluation to be
2006
                completed before applying for OE.
                   Nonresident District
               Spec. Ed. Reasons for Denial
Wisconsin
Department
              • May deny if:
of Public       – The special education or related
Instruction
                  services required in the student’s IEP
                  are not available in the district.
Public
School Open     – There is no space in the special
Enrollment        education or related services required
Workshops
                  in the student’s IEP.

November
2006
                     Resident District
                Spec. Ed. Reason for Denial
Wisconsin     • May deny if the special education cost
Department
of Public       charged by the nonresident district is
Instruction     an undue financial burden, in light of
                the resident district’s total economic
Public          circumstances, including:
School Open
Enrollment      – It’s revenue limit,
Workshops       – It’s ability to pay the costs,
                – The per pupil cost for students with disabilities
November          who continue to be served in the resident
2006              district.
Wisconsin     • Financial burden must be undue.
Department
of Public     • May not deny simply because:
Instruction
                – the resident district can provide the
                  special education and related services,
Public
School Open     – the nonresident district proposes to
Enrollment        implement the IEP differently than the
Workshops
                  resident district would implement it.
                – the cost in the nonresident district is
November
2006
                  higher than the cost in the resident
                  district
                     Appeal of Denial

Wisconsin
Department
              • A parent may appeal an open
of Public       enrollment denial to the DPI.
Instruction
              • The DPI is required to affirm the
Public          school board’s decision unless we
School Open     find the decision is arbitrary or
Enrollment
Workshops       unreasonable.
              • DPI’s decision may be appealed to
November        circuit court.
2006
Wisconsin
Department
of Public
Instruction
              The Open Enrolled Student
Public
School Open
Enrollment
Workshops


November
2006
                    New OE Student

Wisconsin
Department
of Public     • A new open enrolled student is
Instruction
                treated as a transfer student.
Public        • The receiving district must
School Open     implement the previous school
Enrollment
Workshops       district’s IEP or develop a new IEP.

November
2006
                Rights & Responsibilities

Wisconsin
Department    • Open enrolled students have the
of Public       same rights and are subject to the
Instruction
                same rules and regulations as
Public
                resident students.
School Open     – Discipline
Enrollment
Workshops       – Access to programs and services
                – Extra-curricular activities
November        – Sports are subject to WIAA
2006
                        Transportation

Wisconsin
Department
              • Parents are responsible for
of Public       transporting OE students, including
Instruction
                students with disabilities, except….
Public        • IEP-required transportation must be
School Open     provided by the nonresident district.
Enrollment
Workshops       – Cost of special education transportation
                  may be charged to resident district to
November          the extent that it is an actual, additional
2006              cost to the nonresident district.
                        FAPE Agency

Wisconsin
Department
              • The nonresident school district is
of Public       responsible to provide a free,
Instruction
                appropriate public education (FAPE)
                to an open enrolled student. This
Public
School Open     includes:
Enrollment
Workshops       – Procedural safeguards
                – Due process
November        – IEP team (must include resident district)
2006
                – Placement
                            IEP Team

Wisconsin
Department
              • The nonresident school district is
of Public       responsible for the IEP team.
Instruction
                – The resident district must appoint a
                  member to the IEP team.
Public
School Open     – The purpose of the resident school
Enrollment        district member on the team is to
Workshops
                  provide FAPE for the student. It is not
                  to protect the financial interests of the
November
2006
                  resident district.
                              Placement

Wisconsin     • The IEP team has the same
Department
of Public
                placement responsibility and options
Instruction     as for a resident student:
                – Placement in district (requested school
Public            is not guaranteed.
School Open     – Placement out of district:
Enrollment
Workshops          •   Tuition to another district
                   •   CESA
                   •   CCDEB
November
2006               •   Other Cooperative or Consortium
                              Referral

Wisconsin
Department    • Either school district may receive a
of Public
Instruction
                referral.
                – Must notify the other district.
Public             • Nonresident district must have a process
School Open          whereby the special education team is
Enrollment           made aware of students’ OE status
Workshops
                   • Nonresident district convenes IEP team…

November
2006
                  Availability and Space

Wisconsin
Department
              • If an IEP is developed, the
of Public       nonresident district may consider
Instruction
                whether:
                – the special education and related
Public
School Open       services are available in the district, or
Enrollment
Workshops
                – there is space in the special education
                  and related services.
November
2006
Wisconsin
Department
              • If no, the nonresident school district
of Public       may require the child to return to the
Instruction
                resident district, which must provide
                a placement.
Public
School Open     – Written notice to resident district and
Enrollment        parent.
Workshops
                – This decision may be appealed to the
November
                  DPI.
2006
Wisconsin
Department
              • If yes, the nonresident school district
of Public       must send to the resident school
Instruction
                district, as soon as possible, an
                estimate of the actual, additional cost
Public
School Open     it will incur to provide the special
Enrollment
Workshops
                education and related services to the
                student.
November
2006
                 Undue Financial Burden

Wisconsin     • If the cost to be charged by the
Department
of Public       nonresident school district is an
Instruction     undue financial burden, the resident
                district may require the child to return
Public          to the resident district, which must
School Open
Enrollment
                provide a placement.
Workshops       – Written notice to resident district and
                  parent.
November        – This decision may be appealed to the
2006              DPI.
Wisconsin
Department
of Public
Instruction
              OE Funding
Public
School Open
Enrollment
Workshops


November
2006
                         Pupil Count

Wisconsin
Department
              • The resident district counts the
of Public       student in membership for state aid
Instruction
                and revenue limits
Public        • The nonresident district counts the
School Open     student for everything else:
Enrollment
Workshops       – Child count
                – WSLS/ISES
November        – State assessments
2006
                    Regular Education
                   State Aid Adjustments
Wisconsin
Department
              • For each regular education open
of Public       enrolled student…
Instruction
              • The DPI transfers a state-set
Public          amount from the resident school
School Open     district’s final June state aid
Enrollment
Workshops       payment…
              • To the nonresident school district’s
November        final June state aid payment.
2006
Wisconsin     • The state aid adjustment is equal
Department
of Public       to the prior year state average per
Instruction
                pupil cost for:
                – regular education.
Public
School Open     – co-curricular activities.
Enrollment
Workshops
                – instructional support services.
                – pupil services.
November      • Estimated amount for 2006-07 is
2006
                $5884.
                     Special Education
                   Actual, Additional Costs
Wisconsin
Department
              • No state aid adjustment is made
of Public       by the DPI for special education
Instruction
                students.
Public
              • Instead, the nonresident district
School Open     charges the resident district for the
Enrollment      basic open enrollment amount plus
Workshops
                only actual, additional, special
November
                education costs to implement the
2006            student’s IEP.
                 Actual Additional Costs

Wisconsin     • May include only actual and additional,
Department
of Public       student-specific costs to provide
Instruction     special education, such as:
                – Cost of individual aide.
Public          – Related services that are provided by entities
School Open       other than the school district, CESA, or other
Enrollment
                  consortium.
Workshops
                – Transportation, but only to the extent the cost
                  is an actual, additional cost attributable to the
November          student.
2006
Wisconsin     • May not include averaged or prorated
Department
of Public
                costs, such as costs for:
Instruction     – Adding a student to an existing class or
                  program, such as ED or LD.
Public          – Related services that are accommodated
School Open       within the therapist’s caseload.
Enrollment      – Prorated share of any fixed costs.
Workshops
                – Basic or administrative costs of providing
                  special education in the district, such as
November          evaluation, IEP team, test accommodations…
2006
Wisconsin
Department
              • It is not appropriate for a resident
of Public       school district to require or
Instruction
                encourage a student to apply for
                open enrollment to a district that is
Public
School Open     already providing the placement for
Enrollment
Workshops
                the student, in order to reduce the
                cost of the placement.
November
2006
Wisconsin
Department
              • If acceptance of the student would
of Public       cause the district to exceed its class
Instruction
                size or case load, the district may
                not charge the cost of adding
Public
School Open     another section.
Enrollment
Workshops       – The district may deny the application if
                  it does not have space.
November
2006
                     Transfer of Service

Wisconsin
Department    • When a student with a disability
of Public
Instruction     moves into a new resident district,
                the resident district is eligible for a
Public          transfer of service revenue limit
School Open
Enrollment      exemption if it experiences new
Workshops       costs to provide the special
                education or related services...
November
2006
Wisconsin
Department
              • If the new resident is attending a
of Public       nonresident district under open
Instruction
                enrollment or an additional year
                tuition waiver, the district is eligible
Public
School Open     for a TOS revenue limit exemption
Enrollment
Workshops
                for the amount of the actual,
                additional, special education cost
November        charged by the nonresident district.
2006
Wisconsin
Department
of Public
Instruction
              Tuition Waivers
Public
School Open
Enrollment
Workshops


November
2006
                       Tuition Waivers

Wisconsin
Department
of Public
              • Apply when a student who is
Instruction     attending a particular school district,
                moves out of that district too late to
Public          apply for open enrollment, and
School Open
Enrollment      wishes to continue to attend that
Workshops
                district.
November
2006
                     Types of Waivers

Wisconsin
Department
of Public
Instruction
              • Depending on the date of the
                move, the student may be eligible
Public          for:
School Open     – A current year waiver.
Enrollment
Workshops       – An additional year waiver.

November
2006
                 Funding Different for Each
                      Type of Waiver
Wisconsin     • Current year waiver:
Department
of Public       – district of attendance counts the student, &
Instruction     – pays for all special education/related
                  services, including IEP-required
                  transportation
Public
School Open   • Additional year waiver:
Enrollment
Workshops
                – funding is exactly the same as for open
                  enrollment
                – resident district counts student & pays OE
November          amount + actual, additional costs
2006
                            Summary

Wisconsin     • Students with disabilities can and do
Department
of Public       participate in open enrollment
Instruction
              • Can be denied for same reasons as
                regular ed students, plus:
Public
School Open
                – If special education/related services not
Enrollment        available in nonresident district or no
Workshops         space.
                – If actual, additional cost charged by
November          nonresident district is an undue
2006              financial burden to the resident district
Wisconsin
Department
              • IEP-required transportation must be
of Public       provided.
Instruction


Public        • The nonresident district is the FAPE
School Open
Enrollment
                agency.
Workshops


November
2006
Wisconsin
Department
              • Development or revision of an IEP
of Public       for an OE student permits the:
Instruction
                – Nonresident district to reconsider
                  availability of special education/related
Public
School Open       services;
Enrollment      – Resident district to reconsider whether
Workshops
                  cost is an undue financial burden
November
2006
Wisconsin
Department
              • Nonresident district charges resident
of Public       district:
Instruction
                – The basic open enrollment amount,
                  plus only...
Public
School Open     – Any actual, additional costs to provide
Enrollment        the special education to the student
Workshops


November
2006
               Open Enrollment Resources

Wisconsin
Department
              • Open enrollment web site:
of Public       – http://dpi.wi.gov/sms/psctoc.html
Instruction
              • FAQ:
Public          – http://dpi.wi.gov/sms/doc/oeqa1005.doc
School Open
Enrollment    • Tuition Waivers:
Workshops       – http://dpi.wi.gov/sms/oetwpage.html
              • PI 2092 (spec ed cost calculation)
November
2006            – http://dpi.wi.gov/forms/xls/f2092.xls
Wisconsin
Department                Mary Jo Cleaver
of Public     Public School Open Enrollment Consultant
Instruction
                   Department of Public Instruction
                            P.O. Box 7841
Public                Madison, WI 53707-7841
School Open
Enrollment
Workshops                    608-267-9101
                  toll-free 888-245-2732 x 2 then 3
November           maryjo.cleaver@dpi.state.wi.us
2006

								
To top