Current through August 26, 2024
(1) RECEIPT AND FILING OF APPEALS.
(a) The parent of a pupil whose application
for open enrollment has been denied by a school board may file an appeal of the
decision with the state superintendent.
(b) The appeal shall be filed within 30
calendar days after the decision is delivered to the parent or postmarked,
whichever occurs first.
(c) The
appeal shall meet the requirements of ch.
PI 1.03.
(d)
The appeal shall specify what decision is being appealed and explain why the
appellant believes that the decision was arbitrary or unreasonable.
(e) The state superintendent may reject an
appeal if the appellant bases the appeal on factors unrelated to the school
board's reason for denying the application. The state superintendent may
require the appellant to provide additional explanation.
(2) RECORD OF THE DECISION. Upon receipt of a
written appeal filed under sub. (1), the state superintendent shall acknowledge
receipt of the appeal in writing to the appellant and to the resident and
nonresident school boards. Upon receipt of the notice of appeal from the state
superintendent, the respondent shall deliver to the state superintendent the
record of the school board's decision. The respondent shall provide any
information requested by the state superintendent.
(3) EVIDENCE AND ARGUMENT. Each party shall
be provided an opportunity to submit written evidence and argument into the
record. Each party shall be provided at least one opportunity to respond to
evidence and argument submitted by the other party.
(4) PROCEDURES. The state superintendent may
use any or all of the following procedures which the state superintendent
determines to be appropriate in the appeal process:
(a) Provide technical assistance and
information and attempt to resolve the matter informally.
(b) Conduct an investigation. If the state
superintendent decides to conduct an investigation, the investigation may
include an on-site review or any other activity which the state superintendent
deems appropriate.
(c) Issue a
decision based on a review of the record of the school board, argument from the
parties, and any other matter the state superintendent deems
appropriate.
(5)
DECISION.
(a) The decision of the state
superintendent shall be in writing stating separate findings of fact and
conclusions of law. Decisions shall be served on all parties by mailing a copy
to each party's last known address.
(b)
1. The
state superintendent shall affirm the school board's decision unless the state
superintendent finds that the decision was arbitrary or unreasonable. Except as
provided in subd. 2., the appellant must show by a preponderance of the
evidence that the respondent's decision was arbitrary or
unreasonable.
2. If the resident
school board denied an application submitted under the alternative application
procedure based on the best interests of the pupil, the resident school board
must show by a preponderance of the evidence that the requested transfer is not
in the pupil's best interest.
3.
Only reasons specified in the written notice may be defended in an appeal filed
under s.
118.51(9),
Stats., and this section.
4. The
state superintendent may not overturn a school board's decision for failure to
include the information required in s.
PI 36.06(4) (c) 2. to 4. in the notice
of denial.
