Madison Metropolitan School District
Board of Education Policies and Procedures
| POLICY | ATTENDANCE | 4025
Pupils |
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Open Enrollment - External Transfer Policy for Full-time Students
It is the policy of the BOARD, if the criteria that are set forth below are met, (1) to allow
a nonresident student who resides within the State of Wisconsin to enroll as a full-time
student in any Madison Metropolitan School District (MMSD) program or school, except
to enroll in a MMSD pre-kindergarten, early childhood or MMSD sponsored day care
program in addition to meeting the criteria that are set forth below, the school district
within which the student resides shall offer the same type of pre-kindergarten, early
childhood, or MMSD sponsored day care program and (2) to release a Madison
resident student to enroll full-time in another school district.
DEFINITIONS
- Full-time Student:
A full-time student is a student who enrolls for the entire school day and
receives all of her/his education exclusively in one school district.
- External Transfer:
An external transfer is a transfer involving a student who wishes to
transfer from one school district to another school district.
- Internal Transfer:
An internal transfer is a transfer involving a student who resides within a
MMSD school attendance area and who wishes to transfer to another
MMSD school or program that is outside the MMSD school attendance
area in which the student legally resides.
- Nonresident School District:
A nonresident school district is a district located in Wisconsin that is not
the school district within which a student legally resides.
- Nonresident School Board:
A nonresident School Board is the governing body of a nonresident
School District.
- Nonresident Student:
A nonresident student is a student who is a legal resident of another
school district and who applies to enroll in the Madison School District.
- Resident School District:
A resident school district is a district located in Wisconsin that is the
school district within which a student legally resides.
- Resident School Board:
A resident School Board is the governing body of a resident School
District.
- Resident Student:
A resident student is a student who legally resides within the Madison
School District and who applies to enroll in another school district.
- Former Resident Student:
A former resident student is a student who legally resided within the
MMSD, attended a MMSD school or program and became a non-resident
student during the school year in which the student applied, under the
Open Enrollment Policy, to remain in the MMSD.
| PROCEDURE | ATTENDANCE | 4025
Pupils |
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- A parent or legal guardian of a nonresident student who wishes the student to
externally transfer shall file an application with the MMSD to request that her/his
child attend the MMSD no earlier than the first Monday in February and not later
than the third Friday in February of the school year immediately preceding the
school year in which the pupil wishes to attend.
- The application may include a request to attend a specific school or program
offered by the MMSD.
- On the fourth Monday in February, the Madison School Board, as a nonresident
school board, shall send a copy of the application to the Wisconsin Department
of Public Instruction and the pupil's resident school board, along with a request
that the resident school board send immediately to the Registrar of the Madison
School District a copy of the student's academic and disciplinary records, which
include but are not limited to the following: suspension/expulsion record;
transcript; 504 plan; Individual Education Program (IEP-Team) Evaluation;
Individual Education Program (IEP).
- After the third Friday in February and no later than the first Friday following the
first Monday in April, the MMSD Board, as a nonresident school board, shall
notify the parents or legal guardian whether their application has been accepted
or rejected.
- On or before the first Friday following the first Monday in April, the MMSD Board,
as a resident school board, shall notify the parents or legal guardian whether
their application has been accepted or rejected.
-
- If the MMSD Board, as a nonresident school board, rejects the
application, the notice shall include the reason(s) for rejection.
- If Madison, as a resident school board, denies a pupil's enrollment
in a nonresident school district relative to transfer limits, racial
balance or the undue financial burden of special education program
or related services, it shall notify the applicant and the nonresident
school board in writing that the application has been denied and
include in the notice the reason for the denial.
-
- On or before the second Friday following the first Monday in May, if
Madison as a nonresident school board grants the application, it shall
notify the applicant, in writing, of the specific school or program that the
pupil may attend in the following school year.
- On or before the Friday following the first Monday in June, the
pupil's parent or legal guardian shall notify the MMSD Board, if the
MMSD Board is the nonresident school board, of the pupil's intent
to attend school in the MMSD.
- Annually by June 30th, if the MMSD Board, as a nonresident
school board, has accepted a pupil for attendance, the MMSD
Board shall report the name of the pupil to the pupil's resident
school board.
II Criteria for Rejection/Acceptance by the Madison School Board as Nonresident School Board
- Except as provided herein regarding (1) preference to MMSD students and their
siblings and (2) the BOARD's acceptance, even if there is no space available, of
former resident students and their siblings, the criteria for accepting and rejecting
applications from nonresident students shall include only the following:
- The availability of space in the schools, programs, classes,
or grades within the MMSD, including any class size limits,
pupil-teacher ratios, pupils attending the school district for
whom tuition is paid, or enrollment projections established
by the board. If the board receives more applications for a
particular grade or program than there are spaces available
in the grade or program, the board shall determine which
pupils to accept on a random basis.
- Whether the pupil has been expelled from school by any
school district during the current or two preceding school
years for any of the following reasons or whether a
disciplinary proceeding involving the pupil, which is based on
any of the following reasons, is pending:
- Conveying or causing to be conveyed any
threat or false information concerning an
attempt or alleged attempt being made or to be
made to destroy any school property by means
of explosives.
- Engaging in conduct while at school or while
under the supervision of a school authority that
endangered the health, safety, or property of
others.
- Engaging in conduct while not at school or
while not under the supervision of a school
authority that endangered the health, safety, or
property of others at school or under the
supervision of a school authority or of any
employee of the school district or member of
the school board.
- Possessing a dangerous weapon, as defined
in s. 939.22(10), while at school or while under
the supervision of a school authority.
- Rejection after initial acceptance.
Notwithstanding the board's acceptance of an
application, at any time prior to the beginning
of the school year in which the pupil has
applied to attend school in the MMSD, the
board may notify the pupil that s/he may not
attend school in the MMSD if the board
determines that any of the criteria relative to
whether a student has been expelled from
school have been met.
- Whether the special education program or related services
described in the child's individualized education program
under s. 115.787 are available in the MMSD or whether
there is space available to provide the special education or
related services identified in the child's individualized
education program, including any class size limits, pupil-
teacher ratios or enrollment projections established by the
board. If more students apply than space is available in the
program, then students shall be selected on a random basis.
- Whether the child has been screened by her/his resident
school board to determine if there is reasonable cause to
believe that the child is a child with a disability.
- Whether the child has been referred to her/his resident
school board under s. 115.777(1) or identified by her/his
resident school board under s. 111.77(1m) but not yet
evaluated by an Individual Education Program team
appointed by her/his resident school board.
- The BOARD shall reject any application for transfer into or
out of the MMSD if the transfer would increase racial
imbalance in the Madison School District.
- Special Education Program or Related Services. (a) If the
individualized education program for a pupil, developed or
revised under s. 115.787 after a child begins attending
public school in the Madison School District as a nonresident
school district, requires a special education program or
related service that is not available in the Madison School
District or if there is no space available to provide the special
education program or related services identified in the child's
individualized education program, including any class size
limits, pupil-teacher ratios or enrollment projections
established by the Madison School Board, the Madison
School Board shall notify the child's parent and the child's
resident school board that the program or service is not
available in the Madison School District. If such notice is
provided, the child shall be transferred to her/his resident
school district, which shall provide an educational placement
for the child under s.115.79.
- Madison acting as a nonresident school board may assign
pupils accepted to attend public school in the Madison
School District to a school or program within the MMSD.
Preference in attendance at a MMSD school, program,
class, or grade shall be given to MMSD students and their
siblings who make internal transfer requests.
III Criteria for Acceptance/Rejection by the Madison School Board as Resident School Board
- The criteria for accepting and rejecting transfer applications from Madison
resident students who wish to transfer to another public school district shall
include only the following:
- Resident School District Transfer Limitations Based Upon
Number of Applicants
For the 1998-99 school year, Madison acting as a resident
school board shall limit the number of its resident pupils
attending public school in other school districts to 3% of its
membership. Thereafter, in each of the seven succeeding
school years, the board shall limit the number of its resident
pupils attending public school in other school districts to an
additional 1% of its membership. If more than the maximum
allowable number of resident pupils apply to attend public
school in other school district in any school year, the board
shall determine which pupils will be allowed to attend public
school in other school district on a random basis, except that
the school board shall give preference to pupils who are
already attending public schools in the school district to
which they are applying and to siblings of such pupils.
- Resident School Limitations on Transfers Based Upon
Racial Imbalance
Madison acting as a resident school board shall reject any
application for transfer into or out of the MMSD if the transfer
would increase racial imbalance in the Madison School
District.
- Special Education
Undue financial burden:
- If the costs of the special education program or services required in
the individualized education program under s. 115.787 for a child
with a disability whose parent or legal guardian has submitted an
application as proposed to be implemented by the nonresident
school district, would impose upon the Madison School District an
undue financial burden in light of the Madison School District's total
economic circumstances, including its revenue limit under subch.
VII of ch. 121, its ability to pay tuition costs for the pupil, and the
per pupil special education program or related services costs for
children with disabilities continuing to be served by the Madison
School District, as the child's resident school board, shall notify the
child's parent or legal guardian and the nonresident school board
by the first Friday following the first Monday in April that the pupil
may not attend the nonresident school district to which the child
has applied.
- If the costs of the special education program or related services
required in an individualized education program for a pupil,
developed or revised under s. 115.787 after a child begins
attending public school in a nonresident school district under this
section, as implemented or proposed to be implemented by the
nonresident school district, would impose upon the Madison School
District, as the child's resident school district, an undue financial
burden in light of the Madison School District's total economic
circumstances, including its revenue limit under subch. VII of ch.
121, its ability to pay tuition costs for the pupil, and the per pupil
special education program or related services costs for children
with disabilities continuing to be served by the Madison School
District, the Madison School Board shall notify the pupil's parent or
legal guardian and the nonresident school board that the costs of
the special education and related service(s)impose such an undue
financial burden on the Madison School District. If such notice is
provided, the child shall be transferred to the Madison School
District, which shall provide an educational placement for the child
under s.115.79. The pupil's parent or legal guardian may appeal
such transfer to the department within 30 days after receipt of the
notice. The department shall affirm the MMSD Board's
determination unless the department finds that the determination
was arbitrary or unreasonable.
III Reapplication
After the Madison School Board as a nonresident school board accepts an application
and the pupil's parent or legal guardian notifies the Madison School Board that the pupil
intends to attend school in the MMSD, the pupil may continue to attend school in the
MMSD without reapplying, provided the pupil meets all the other conditions that have
been established by the Superintendent or her/his designee relative to students who
are on an internal or external transfer.
IV Transportation
The Madison School District shall not provide transportation to students who transfer
under this policy except external transfer students who have been identified as a child
with a disability may be transported if it is required by the student's IEP or otherwise
required by law.
V Superintendent's Responsibilities
The Superintendent or her/his designee shall be responsible for the
implementation of this policy and procedure, which includes but is not limited to
the following:
- Space availability in Madison School District schools,
programs, classes, or grades, including any class size limits,
pupil-teacher ratios, pupils attending the school district for
which tuition is paid, or enrollment projections.
- Participation of a student in interscholastic athletics.
- Provision of MMSD transportation services.
- Prerequisites and other eligibility standards relative to
courses of study and enrollment.
- Transfer of a student's academic credit(s).
- Assignment of a student within the Madison School District.
- Admission of regular and special-education students.
- Payment of fees and other charges.
- Whether the transfer(s) increase the racial imbalance in the
Madison School District.
- Recovery of fees and other charges.
- Revocation of transfers.
- Location of District programs.
VI Appeal of Rejection
If the Madison School District Board rejects an application, prohibiting a student from
attending a nonresident school district, the pupil's parent or legal guardian may appeal
the decision to the DPI within 30 days after the decision. The DPI shall affirm the
school board's decision unless the Department finds that the decision was arbitrary or
unreasonable.
s. 118.51
8/26/02
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