is a resident of the district where he or she lives, regardless of where his or her parent lives,
unless he is there “for the sole purpose of having the privileges of the public school of the
district to which he may be transferred.” State Ex Rel. School-District Board V. Thayer, State
Superintendent, 74 Wis. 48, 41 N.W. 1014, 1017 (1889). This rule has been consistently
followed by the courts. See State Ex Rel. Smith V. Board Of Education of City Of Eau Claire,
96 Wis. 95, 71 N.W. 123 (1897) and Kidd V. Joint School Dist. No. 2, City Of Richland
Center And Town Of Richland, 194 Wis. 353, 216 N.W. 499 (1927). Contrary to some
beliefs, no case or state statute has imposed a requirement that the pupil intends to remain in
the district for any particular time.
A school district may deny education services only if a student is not a resident of the district
(as described above) or if a student is currently expelled from another Wisconsin public
school district, Wis. Stat. sec. 119.25 and 120.13(1)(f). No school board is required to enroll
a pupil during the term of his/her expulsion from a public school in another state or from a
charter school established under s. 118.40 (2r), Wis. Stats., if the school board determines the
conduct giving rise to the pupil's expulsion would have been grounds for expulsion under
state law, s. 120.13 (1) (f) 2 and 3, Wis. Stats.
If the currently expelled student is a child with a disability, the resident district continues to
have FAPE responsibility. Under federal and state law, LEAs must locate, identify, evaluate,
and provide a free appropriate public education to all children with disabilities, including
children who have been expelled from school. A school district cannot refuse an IEP team
evaluation because a child has been expelled from another school district. A school district
cannot refuse to provide a free appropriate public education to a child with a disability
expelled from another school district. However, the school board may provide the services to
the child in a setting other than one of the district's schools, as determined by the IEP team.
9. Must a school district provide educational services immediately to a student
transferring from another school, district, or state?
A school district must enroll and serve a resident student immediately. If the board’s written
attendance policy permits and with parental agreement, enrollment of a high school student
may include a period of assessment if the absence from school was a consequence of the
student’s truancy or upon the student’s return to school from placement in a correctional
facility, mental health treatment facility, alcohol and other drug abuse treatment facility, or
other out-of-school placement. See Wis. Stat. sec. 118.16(4)(cm)1., for conditions and
limitations.
10. Often, a new student’s pupil records are not transferred from the previous school
district for some days after the new student enrolls in school. Can the school district
postpone beginning instruction until the records arrive, in order to adequately plan the
student’s educational program?
No, there is no provision in law to permit a delay in educational services in this circumstance.
Parents and students may be able to share what classes and services the student was enrolled
in previously. More information can also be obtained by contacting the previous school
district. These strategies may help guide initial placement in classes and activities until the
pupil records arrive.