Section 36.07. Alternative application procedures.

  The following additional provisions apply to applications submitted under the alternative application procedure:

(1)   Application. A pupil is a victim of a violent criminal offense under s. 118.51 (3m) (b) 1. , Stats., if the resident school board determines that the pupil has been a victim of a violent criminal offense, as defined in ch. PI 23 .03, under either of the following circumstances and reports the incident to the appropriate law enforcement agency and to the building principal:

(a) The pupil has been a victim of a violent criminal offense while on the school grounds of the school that the pupil attends during school hours, or during a school-sponsored event at the school the pupil attends that does not occur during school hours.

(b) The pupil has been a victim of a violent criminal offense while being transported to school for the purposes of attending curricular programs during school hours, or from school to home immediately following school hours on a school bus owned, leased, or contracted by the school district or by a motor vehicle operated as an alternative method of transportation under s. 121.555 , Stats.

(2)   Pupil attendance.

(a) If the application is approved by the nonresident school board, the pupil may attend the nonresident school district on or before the date specified in s. 118.51 (3m) (e) , Stats., or a date agreed to by the pupil's parent and the nonresident school board. If the pupil has not attended the nonresident school district on or before the date specified in this paragraph, the board may notify the parent, in writing, that the pupil is no longer authorized to attend school in the nonresident school district.

(b) A pupil may begin attending the nonresident school district under par. (a) if the resident school board has either approved the application or not acted upon the application. If the resident school board denies the application, the pupil may not attend the nonresident school district or shall cease attending the nonresident school district.

(c) Notwithstanding par. (b) , if the parent intends to file an appeal of the resident school board's denial under s. 118.51 (3m) (b) 8. or (d) , Stats., the pupil may attend the nonresident school district pending the outcome of the appeal. If the parent fails to file a timely appeal or if the department affirms the resident school board's decision, the pupil shall cease attending the nonresident school district.

(3)   Resident school board.

(a) The resident school board may not deny an application based on the criteria specified in s. 118.51 (3m) (b) 3. or 8. , Stats., because the parent did not provide an explanation or did not provide enough information for the board to consider the application, unless the board has offered the parent an opportunity to provide additional information.

(b) Except as provided under s. 118.51 (3m) (d) , Stats., a resident school board may not deny a pupil's application under s. 118.51 (3m) (b) 8. or (d) , Stats., if the pupil meets at least one of the criteria specified in s. 118.51 (3m) (b) , Stats.

CR 14-021 : cr. Register August 2014 No. 704 , eff. 9-1-14; correction in (3) (b) made under s. 35.17 , Stats., Register August 2014 No. 704 ; CR 16-019 : am. (2) (c), r. (2) (d), am. (3) (b) Register July 2016 No. 727 , eff. 8-1-16.