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Residency, Tuition & Tuition Waivers. Department of Public Instruction Open Enrollment Technical Assistance Workshops November/December 2012. Wisconsin Constitution.

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residency tuition tuition waivers

Residency, Tuition & Tuition Waivers

Department of Public Instruction

Open Enrollment Technical Assistance Workshops

November/December 2012

wisconsin constitution
Wisconsin Constitution
  • The legislature shall provide by law for the establishment of district schools … and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years …

Article X, Section 3, Wisconsin Constitution

wisconsin statute
Wisconsin Statute
  • Every elementary school and high school shall be free to all pupils who reside in the school district.
  • If facilities are adequate, a school board … may admit nonresident pupils who meet its entrance requirements… the agency of service shall charge tuition for each nonresident pupil.

Wis. Stats. § 121.77 (1) (a) and (b)

residency

Residency

Wisconsin Supreme Court

State Ex. Rel. School District

v. Thayer

(1889) 74 Wis. 48

the thayer rule
The Thayer Rule
  • Children only are entitled to free tuition as are actually residing in the district...
  • ..,.for other, as a main purpose, than to participate in the advantages which the school affords.
slide6

However, a minor child may have a residence for school purposes other than that of his or her parents;

  • Thus, if the child is living in the school district “for other, as a main purpose, than to participate in the advantages which the school affords,” the child is a resident for school purposes.
adults emancipated minors
Adults & Emancipated Minors
  • An 18-year-old may establish her/his own residence.
  • A minor who has been emancipated—such as by marriage, formal or informal agreement, or parent abandonment—may establish her/his own residence.
  • An unaccompanied youth may be considered a resident of the school district in which s/he resides.
determining residency
Determining Residency
  • The school district of attendance is the agency responsible for determining residency.
    • No other district than the district of attendance is responsible for determining residency.
  • Must weigh all factors and determine whether child is a resident.
slide9

Two questions:

    • Does the child live within the district?
    • For a purpose other than school attendance?
  • If yes to both questions:
    • Child is a resident and must be permitted to attend school without payment of tuition.
  • If no to either question:
    • Child is not a resident for school purposes.
does the child live within the district
Does the Child Live Within the District?
  • Pupil must be physically present and not just at times when school is in session.
    • If yes, does the child live with his/her parents?
    • If no, why is the child residing in the district?
slide11

Physical residence = where the child lays their head at night during the school week.

  • No 50% rule or specified amount of time.
  • No requirement for intent to remain.
  • A business address, post office box or sham residence does not constitute residency.
with his or her parents
With His or Her Parents?
  • If the child’s parents live in two school districts:
    • Child lives with both parents
      • Child is a resident and can attend either district.
    • Child lives exclusively with one parent
      • Child is only a resident of the district in which the child resides with that parent.
away from parents
Away from Parents?
  • School district needs to ask the reason for the pupil’s residence away from parents, and make a determination about the primary purpose:
    • To attend school:
      • Child is not a resident for school purposes
    • Other than to attend school:
      • Child is a resident for school purposes.
children in foster and group homes
Children in Foster and Group Homes
  • Children who live in non-tax exempt foster and group homes:
    • Are residents of the school district in which the foster/group home is located.
legal guardianship is not determinative
Legal Guardianship Is Not Determinative
  • Legal guardianship transferred for the purpose of enabling the pupil to attend school does not confer residency.
  • School district may not require that legal guardianship be transferred in order for the child to meet the residency test.
wisconsin statute1
Wisconsin Statute
  • If facilities are adequate, a school board …
  • May admit nonresident pupils who meet its entrance requirements…
  • The agency of service shall charge tuition for each nonresident pupil.

Wis. Stats. § 121.77 (1) (a) and (b)

who pays the tuition
Who Pays the Tuition?
  • The child’s resident district:
    • If the child is open enrolled or AYTW (state transfers $ for regular education)
    • If the school board places the child in the nonresident district either on its own or in response to a parent’s request under Wis. Stats. § 118.51 (1) (d).
  • Tuition is equal to open enrollment transfer amount.
slide19

The state, for children:

    • Who reside in a children’s home.
    • Whose parents are employed by & reside on the grounds of certain state or federal property.
    • Who reside in tax-exempt foster or group homes outside the school district in which the child’s parent resides.
  • The tuition is calculated using the state tuition calculation at Wis. Stats. § 121.83
slide20

The child’s parent:

    • Parent-paid tuition is equal to the open enrollment transfer amount:
      • Estimated $6,445 for 2012-13 school year.
when may a child attend a school district without payment of tuition
When May a Child Attend a School District Without Payment of Tuition?
  • Open enrollment - § 118.51
  • Senior rule - § 121.84 (1) (b)
  • Homeless child or unaccompanied youth (McKinney-Vento Act)
  • Foreign exchange pupils - § 121.84 (1) (c)
  • 9-week waiver - impending move into district (9 week waiver) -. § 121.81 (2)
  • Tuition waiver due to move out of a district - § 121.84 (1) (a) and (4) (b)
senior rule
Senior Rule
  • Senior rule:
    • Pupil has attained senior status in the school district.
    • Pupil was a resident of the district at the time of attaining senior status.
  • Nonresident district counts pupil.

Wis. Stats. § 121.84 (1) (b)

homeless children
Homeless Children
  • Homeless children and unaccompanied youths,
  • Must be permitted to continue to attend the school of origin,
  • And must be provided transportation back to the school of origin,
  • Until they are permanently housed.
  • Contact: Lara Kain @ 608-267-7338 or Carolyn Parkinson @ 608-267-1284 for information about programs for homeless children and youth
foreign exchange students
Foreign Exchange Students
  • A school board may permit a foreign exchange student to attend school in the school district without payment of tuition.
    • Even if the student’s host family resides in a different school district.
  • The school district of attendance counts the pupil in membership.

Wis. Stats. § 121.84 (1) (c)

nine week waiver
Nine-Week Waiver
  • Written declaration that parent will establish residency in district by specified date.
  • District may charge tuition for 9 weeks or may waive tuition for 9 weeks.
  • If parent establishes residency within 9 weeks, tuition for that 9 weeks is refunded.

Wis. Stats. § 121.81 (2)

slide28

If parent does not establish residency within 9 weeks, no refund of tuition fee, but another written application may be filed for next 9 weeks.

  • If residency is not established in next 9 weeks, no refund of tuition fee. The pupil may only continue to attend if parent enters into a tuition agreement.
  • If residency is established before the end of 18 weeks, the nonresident district counts pupil in membership.
tuition waiver due to a move
Tuition Waiver Due to a Move
  • Permits a pupil who moves out of a school district to remain in that district long enough to apply for open enrollment during a regular application period.
  • Types of waivers:
    • “Current year”
      • permissive
      • mandatory
    • “Additional year” mandatory

Wis. Stats. § 121.84 (1) and (4)

current year waivers cytw
Current Year Waivers (CYTW)
  • Pupil is a resident of the nonresident district:
    • On the 3rd Friday in September, or
    • The 2nd Friday in January, and
    • At least 20 school days.
  • On July 1 of the current school year, pupil is:
    • A resident of the nonresident district,
    • Enrolled in the nonresident district, and
    • Is not eligible for any other type of waiver.

Mandatory (District Must Grant)

Permissive (District May Grant)

Nonresident district counts pupil

additional year waiver aytw
Additional Year Waiver (AYTW)
  • Nonresident district must permit pupil to attend if the pupil:
    • Was a resident on the previous 2ndFriday in January, and
    • Was enrolled continuously from the 2nd Friday to the end of the school year, and
    • Moved out of the district after the 1st Monday in February, and
    • Continues to reside in Wisconsin.
  • Funding same as open enrollment.
additional year waiver aytw1
Additional Year Waiver (AYTW)
  • Resident district may deny AYTW:
    • If the cost of a pupil’s special education and related services,
    • As required in the IEP,
    • Is an undue financial burden.
  • Resident district is probably eligible for a “transfer of service” revenue limit exemption.
  • Denial may be appealed.
alternative application procedure
Alternative Application Procedure
  • Allows parents to apply for open enrollment at any time during the school year, if certain criteria are met.
  • Does the alternative application procedure replace tuition waivers?
    • Yes and no.
    • Tuition waiver statute is separate from open enrollment statute and was not repealed or amended.
    • Sometimes tuition waivers make more sense, other times an alternative open enrollment is preferable.
tuition waivers v alternative application procedure
Tuition Waivers v.Alternative Application Procedure
  • In place of AYTW:
    • Unless the application is/will be denied by either the nonresident or resident district.
  • In place of CYTW:
    • If the pupil’s move takes place on or prior to the 3rd Friday in September, and
    • The pupil remains a Wisconsin resident.
  • AYTW in place of Alt. App:
    • If the application is/will be denied by either the nonresident or resident district.
  • CYTW in place of Alt. App:
    • If the pupil’s move takes place after the 3rd Friday in September, or
    • The pupil moves out of Wisconsin.

Alternative Application Procedure

Tuition Waivers

move out of state
Move Out of State
  • If a pupil moves out of state:
    • Is eligible under the senior rule, if other criteria are met.
    • May be eligible for either current year permissive or mandatory waiver, if other criteria are met.
    • Is not eligible for additional year waiver.
    • Is not eligible for open enrollment.
transportation
Transportation
  • Parents are responsible for transportation.
  • Low-income parents may apply to DPI for reimbursement of transportation costs:
    • For AYTW or open enrollment, but not for CYTW.
  • IEP transportation must be provided by the nonresident district:
    • Nonresident district pays for CYTW costs.
    • May bill resident district for AYTW or OE costs to the extent it is an actual, additional cost.
resources
Resources
  • Web site: http://sms.dpi.wi.gov/sms_psctoc
  • Open Enrollment List Serve:
    • Receive information and announcements
    • Printed information rarely used
    • To sign up, send email to: openenrollment@dpi.wi.gov
dpi open enrollment staff
DPI Open Enrollment Staff
  • Mary Jo Cleaver, Open Enrollment Consultant

608-267-9101 or toll-free 888-245-2732

maryjo.cleaver@dpi.wi.gov or openenrollment@dpi.wi.gov

  • Jennifer Danfield, Open Enrollment Education Specialist

608-264-6707 or toll-free 888-245-2732

jennifer.danfield@dpi.wi.gov or openenrollment@dpi.wi.gov

  • Robert Soldner, Director, School Management Services

608-266-7475

robert.soldner@dpi.wi.gov