VIRTUAL CHARTER SCHOOLS & OPEN ENROLLMENT

Mary Jo CleaverDPI Open Enrollment ConsultantNovember 10, 2010

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I. REVIEW OF STATE LAWS2

“IN” MEANS “IN”

Wis. Stats. § 118.51 (2) A pupil may attend a public school … in a

nonresident school district….

Wis. Stats. § 118.51 (10) A nonresident school board may assign pupils

to attend public school in the school district … to a school or program within the district.

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LOCATION OF VIRTUAL CHARTER SCHOOL (VCS)

Wis. Stats. § 118.40 (8) A virtual charter school is located:

In the school district governed by the authorizing school board, or

In the school district designated in the charter school agreement for a virtual charter school established by 2 or more school boards.

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NO EXCEPTIONS

There are no exceptions to the requirement that a student must attend school “in” the nonresident school district.

Thus, any student who is open enrolled must either physically attend a school physically located “in” the nonresident school district or must attend a virtual charter school located “in” the district.

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DEFINITION OF A VIRTUAL CHARTER SCHOOL

Wis. Stats. § 115.001 (16) “Virtual charter school” means a charter school

under contract with a school board under s. 118.40 in which all or a portion of the instruction is provided through means of the Internet, and the pupils enrolled in and instructional staff employed by the school are geographically remote from each other.

If a school does not provide all or a part of its instruction by means of the Internet, it is not a VCS and students must physically attend school in the district.

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VCS REQUIREMENTS: LICENSURE

Must assign an appropriately licensed teacher for each online course offered by the VCS. May not be only a “permit to teach exclusively” in

a charter school. Must be fully licensed to teach subject or grade

level.

If the student attends a VCS: Any person providing educational services to the

pupil in the pupil’s home, other than instructional staff of the VCS, is not required to hold a license or permit. 7

VCS REQUIREMENTS: STAFF DUTIES

In a VCS, an instructional staff member is responsible for all of the following for each student the instructional staff member teaches:

Improving learning by planned instruction. Diagnosing learning needs. Prescribing content delivery through class activities. Assessing learning. Reporting outcomes to administrators and parents

and guardians. Evaluating the effects of instruction. 8

VCS REQUIREMENTS: DAYS & HOURS

Must provide educational services at least 150 school days.

Teachers must be available to provide direct instruction for at least: 437 hours in kindergarten 1,050 hours in grades 1-6 1,137 hours in grades 7-12 No more than 10 hours in any 24-hour period

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RESPONSE TIME

Teachers must respond to inquiries from students and parents by the end of the next school day.

Calls I receive from parents indicate this is not always happening: Parents indicate that their calls are not being

returned. One parent wanted to withdrew her child to

home-school because she said he could not learn the math curriculum on his own and teachers did not call back.

(I always refer parent to the principal.)

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VCS REQUIREMENT: PARENT ADVISORY COUNCIL

Ensure that a parent advisory council is established.

Meets on a regular basis.

Governing body of VCS to determine selection process.

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VCS REQUIREMENT: NOTICES

At the beginning of each school term notify parent of each student of the name and contact information for each of the following:

Members of authorizing school board. Members of governing body, if different than

members of the school board. Members of the parent advisory council. Staff of the VCS.

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FAILURE TO PARTICIPATEWis. Stats. § 118.40 (8) (g)13

COMPULSORY SCHOOL ATTENDANCE

Wis. Stats. § 118.15 (1) (g)

Compulsory school attendance does not apply to students enrolled in virtual charter school.

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FAILURE TO PARTICIPATE

Student “fails to respond appropriately” to assignment or directive from school staff within 5 school days:

First and second time: notify parent

Third time in the same semester: Notify parent Notify governing body for VCS Notify authorizing school board Notify resident school district Notify department 15

EXCUSED ABSENCE

If the parent provides prior written notice that the student will not be able to respond during a specified period, may not include those days as failure to participate.

No more than 10 days in a school year.

Student must make up work.

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3RD TIME: MAY TRANSFER PUPIL

VCS may transfer student to resident school district.

If resident of authorizing school district, school board shall assign student to another school or program within the district.

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TERMINATING OPEN ENROLLMENT

VCS is not required to terminate OE for failure to participate.

However, it is not acceptable to keep student open enrolled and not attending. By the time the student is transferred, the

student will have missed a minimum of 15 days of attendance.

If student is not promptly transferred to resident district, there is no way to enforce compulsory school attendance.

Resident school district will not even know about student’s truancy until receiving transfer notice.

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NOTICE TO PARENTS

Cite state law.

Indicate specific days of absence.

If terminating open enrollment, notify of right to appeal.

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TRUANCY AND DROPOUT AND ISES

If the student is transferred to resident district:

Resident school district must enforce compulsory school attendance (if under 18).

If student does not return to school (is a dropout), the VCS must report the dropout.

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TERMINATION OF OE

The last day of open enrollment is the last day in which the student was present for instruction:

Non-instructional contact that occurs after the last day of instruction, may not be counted as open enrolled days, no matter how much time passes between the last day of attendance and the date the student is withdrawn in OPAL.

Contacts made in an effort to get the student back to school are not open enrolled days unless you succeed in getting the student back to school.

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VERIFICATION OF ATTENDANCE

DPI may require VCS to:

Explain its attendance policy including how it determines whether a student is in attendance.

Submit attendance records and explain any contacts that it claims are instructional contacts (including the instruction provided or the assignment submitted)

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ISSUES23

APPLICATION PERIOD

Provide clear contact information in all promotions: Internet Radio Television Written materials

Ensure there is enough capacity to allow parents to talk to a real person (or get a call back promptly). Common for us to get calls from parents who

cannot get through.

Use screen shots to assist parents to apply.

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DELIVERY OF SPECIAL EDUCATION

The nonresident school district is the FAPE agency for an open enrolled student.

The student’s resident district does not have FAPE responsibility and is not required to provide any special education at all:

The decision about where services are to be delivered is decision of the IEP team.

If the resident district is willing and the IEP team determines it is appropriate, special education services may be provided in the resident district.

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SPECIAL EDUCATION: PARENTAL CONSENT

Application must be handled as regular education if:

The child has been referred and the parent has refused consent for an evaluation.

An IEP has been developed and the parent has refused placement.

The parent has withdrawn consent for special education.

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A parent should never be encouraged to withdraw consent.

If a parent inquires about withdrawing consent, refer the parent to a special education director who can explain the consequences.

It is inappropriate to suggest to a parent that the application would be approved if the parent withdrew consent.

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TAKING COURSES IN RESIDENT DISTRICT

It is the responsibility of the VCS to provide a full-time education to open enrolled students. A VCS should not create its offerings with the idea that resident school districts will fill in.

An open enrolled student has no right to take courses in her/his resident school district while open enrolled to a VCS or any other nonresident school district. Attendance at a VCS is not home-schooling and

VCS students do not have the right to take 2 courses.

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Most resident school districts do not “make money” when an open enrolled student transfers out unless the student would not otherwise be in public school.

Resident school districts are not able to reduce

the cost of losing a student by even the open enrollment amount. Thus, the district still loses money, even if it doesn’t lose its entire per pupil revenue.

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THIRD FRIDAY REPORTING

It is the VCS responsibility to ensure the student is in attendance on the count date (or at least one day before and one day after) and enter it in OPAL before the 3rd Friday list shuts down.

Resident school districts must submit their membership counts. Their revenue limit (i.e. the money needed to pay for open enrollment) depends on accurate counts.

Are suspicious when a student is reported as not OE and then is changed to OE.

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VIRTUAL CHARTER SCHOOLS OPEN ENROLLMENT LIMIT

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2007 WISCONSIN ACT 222

Limits the total number of students who may attend virtual charter schools under open enrollment: Limit is 5,250. Current VCS students are excluded from the

limit. Siblings of current VCS students are excluded

from the limit.

If the total number of continuing students plus siblings plus new applicants exceeds the limit, DPI must create a waiting list. 32

POTENTIAL REPEAL OF LIMIT

Limit is in effect unless/until repealed.

If not repealed by April, will calculate limit and manage wait list.

If repealed before beginning of school year, will offer spaces to all students remaining on list.

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CALCULATIONS

Has the limit been reached?

How many applicants can be approved?

How many on the wait list?

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HAS THE LIMIT BEEN REACHED?

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Does total of continuing students plus new applicants either equal or exceed the limit?

If no, all new applicants (sibling and non-sibling) may be approved.

If yes:Does total of continuing students plus sibling

applicants equal or exceed the limit? If yes, no non-siblings applicants may be

approved. If no, non-siblings applicants may be approved

up to the limit.

DATA

2009-10

2010-11

2011-12*

Continuing Students 2,074 2,571 2,060

+ Sibling New Applicants +240 +284

= Total Continuing Students and Siblings

=2,314 =2,855 < limit

+ Non-Sibling New Applicants +4,354 +4,151 <limit

= Total Continuing Students plus new applicants.

=6,668 =7,005 >limit

36* Preliminary count of 2010-11 VCS students as of 3rd Friday in September. This number will be reduced as students withdraw during the school year.

HOW MANY APPLICANTS CAN BE APPROVED?HOW MANY ON WAITING LIST?

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2009-10 2010-11

Limit 5,250 5,250

-Continuing students and siblings -2,314 -2,855

=Non-sibling applicants who may be approved

=2,936 =2,395

2009-10 2010-11

Total non-sibling applicants 4,354 4,151

-Non-sibling applicants who may be approved

-2,936 -2,395

=Applicants on Wait List =1,148 =1,757

ADMINISTERING VCS APPLICATION

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PARENT: SUBMIT APPLICATION TO VCS

Known virtual charter schools will be listed on open enrollment application form.

DPI will develop method to identify VCS.

No deadline to create VCS, but only students applying to known VCS in February will not be included in random selection (if any)

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Parent must indicate whether application is to VCS.

There will be separate drop-down lists of VCS in various parts of the application to (hopefully) reduce errors.

If parent indicates sibling is in VCS, must indicate VCS sibling is attending (drop-down list).

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VCS: BEGIN REVIEW IMMEDIATELY

For each student who applied to attend the VCS in your district, be sure the parent indicated the student is applying to the VCS.

This is an important filter. Applications that do not have this indicator will not be included in the list of VCS applicants and will not be included in the random selection (if any).

Once random selection is drawn, this will not be corrected!

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VCS REVIEW, CONTINUED

Identify errors and request correction. Look for things that don’t make sense, especially

resident districts.

Identify duplicates and request deletion.

Identify re-apps and request deletion.

Parents can correct and delete on-line apps until the deadline.

OPAL users can correct and delete apps they entered.

DPI must correct all others. 42

DPI REVIEW

Ensure each student is counted only once Combine apps if necessary.

Identify current students who submit new apps.

Verify siblings’ attendance at VCS.

Screen out apps that are not to VCS.

Make amendments/deletions requested by school districts Not just VCS. 43

VCS: BY APRIL 8 REPORT TO DPI (VIA OPAL)

The number of students who have applied and been initially accepted.

The number of currently-attending VCS students who are expected to attend in the 2011-12 school year:

If you do not know whether a currently-attending student will attend the following school year, OPAL should show “no answer.”

Request: as students withdraw or are dropped, please enter “will not attend” in OPAL. This will help us with interim counts.

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Of the number of students who have applied and been initially accepted, those who are siblings of currently attending students who are expected to attend in the 2011-12 school year.

Parent indicates on app, DPI will verify from data base.

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APPLIED AND INITIALLY ACCEPTED

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CURRENTLY ATTENDING/PLAN TO CONTINUE

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VCS: SEND CONDITIONAL APPROVALS

Only students who are known to be attending a virtual charter school in the 2010-11 school year or siblings of such students may be sent firm approvals.

All other approved applicants must be sent conditional approvals.

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DPI: DETERMINE IF THERE IS A LIMIT

Before May 13, DPI will: Determine whether there is a limit. If so, determine which students may be

immediately approved, and How many additional students may be approved

(if any), and How many will be placed on a waiting list.

No student may be counted more than once.

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DPI: CONDUCT RANDOM SELECTION

Only students who were approved by at least one of the VCS to which they applied will be included in the random selection.

Students not in the random selection may not attend a virtual charter school unless the waiting list is exhausted. This includes: Students for whom the nonresident district

reversed its decision. Students whose denials were overturned on

appeal. Students for whom the data base did not have

correct information.

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DPI: NOTIFY VCS OF STUDENTS SELECTED AND ON WAIT LIST

DPI will notify the VCS by email of the following:

1. Current VCS-OE students who are expected to continue to attend a VCS.

2. Current VCS-OE students who have applied to a different VCS (subset of item1).

3. Siblings of current VCS students who are guaranteed approval.

4. Students who were randomly selected for immediate approval.

5. Students who are on the wait list, in wait list order.

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VCS & DPI: MANAGEMENT OF WAIT LIST

VCS sends “confirmed” approvals on/before May 13 to: Current OE VCS student who have submitted new apps. Siblings of currently attending students. Students selected randomly for immediate approval.

VCS notifies wait-listed students of their number on the wait list.

VCS notifies DPI of students who have turned down the VCS offer and of students who have not responded by the deadline (via OPAL).

DPI notifies VCS of next name(s) on wait list.

DPI will show status of wait list on web site.

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REPORT INTENT TO ATTEND

53Use Will Attend, Will Not Attend or Wait List Expired. Do Not Use No Answer!

PARENTS: MUST RESPOND

Parents sent notices on/before May 13 must respond on or before June 10 (may use postmark). If parent does not respond by deadline, student

may not attend VCS.

Parents sent notice of selection from wait list must respond within 10 days of receiving the notice.

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REMOVAL FROM LIST

If a parent responds “no” or fails to respond to all the districts to which the student applied, the student’s space will be offered to the next student on the wait list Applies to new applicants, including siblings.

If a currently-attending student notifies the nonresident district writing, that the student will not be returning in the following school year, and if the student has not accepted a space in a different school district, the space will be offered to the next students on the wait list. Notify DPI by email.

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LIST ENDS ON SEPTEMBER 1

No spaces may be offered from the wait list after September 1.

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INFORMATION AND RESOURCES

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Open Enrollment Consultants

Mary Jo Cleaver608-267-9101, maryjo.cleaver@dpi.wi.gov

Merry Larsen608-266-2146, merry.larsen@dpi.wi.gov

General Contact Information:Email: DPIOpenEnrollment@dpi.wi.govPhone: 888-245-2732

Open Enrollment Web Site: http://dpi.wi.gov/sms/psctoc.html