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Previous rule: If the student created an undue financial burden, the school district can deny the application.
With the help of Monica Murphy, a well known civil rights attorney, Disco opened a case with Department of Education, Office of Civil Rights, and the Fed’s, after his son was denied access to St Francis.
It took seven years but the new rule is:
A nonresident school board that receives an open enrollment application must notify the parent whether the application is approved or denied. A resident school board must only notify a parent if an open enrollment application is denied. This presentation discusses the reasons that an open enrollment application may be denied by nonresident and resident school boards.
•A nonresident school board may deny open enrollment if the special education and related services required in the IEP are not available in the district.
•A school board has all of the same placement options for an open enrolled pupil as for a resident pupil. (The exception to this is placement at the School for the Blind and Visually Handicapped in Janesville or at the School for the Deaf and Hearing Impaired in Delavan. Because these are state schools and pupils are educated at state expense, there is no method to fund open enrollment.)
•However, a school board is neither required to create a program or service for a nonresident pupil nor to place the pupil in a school or facility outside the school district.
•A nonresident board may also deny open enrollment if the child has been referred for an initial special education evaluation that has not been completed.
•If a referral has been made, but the parent refused consent, the referral is completed and the application must be handled as a regular education application.
•If an evaluation has been completed and an IEP created, but the parent refused consent for initial placement, the application must be handled as a regular education application.
•Finally, a nonresident school board may deny open enrollment if space is not available in the special education or related services required in the IEP.
Frank fights Open Enrollment for Special Needs