General School Operations: 118.01 1 Updated 19 20 Wis. Stats

Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. May 6, 2021.
1 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.01
CHAPTER 118
GENERAL SCHOOL OPERATIONS
118.001 Duties and powers of school boards; construction of statutes. 118.195 Discrimination against handicapped teachers prohibited.
118.01 Educational goals and expectations. 118.196 Teacher development program.
118.015 Reading instruction. 118.197 Initial license to teach; alternative preparation programs.
118.016 Assessments of reading readiness. 118.20 Teacher discrimination prohibited.
118.017 Foreign language instruction. 118.21 Teacher contracts.
118.019 Human growth and development instruction. 118.22 Renewal of teacher contracts.
118.02 Special observance days. 118.223 Collective bargaining.
118.025 Arbor day observance. 118.225 Teacher evaluations.
118.03 Textbooks. 118.23 Populous counties; teacher tenure.
118.035 School uniforms. 118.235 Lunch period for teachers.
118.04 Summer classes. 118.24 School district administrator.
118.045 Commencement of school term. 118.245 Referendum; increase in employee wages.
118.05 School conservation camps. 118.25 Health examinations.
118.06 Flag, pledge of allegiance, and national anthem. 118.255 Health treatment services for children with special physical or mental
118.07 Health and safety requirements. health treatment needs.
118.075 Indoor environmental quality in schools. 118.257 Liability for referral to police.
118.076 Lifesaving skills instruction. 118.258 Electronic communication devices prohibited.
118.08 School zones; crossings. 118.26 Claim against school district.
118.09 Safety zones. 118.27 Gifts and grants.
118.10 School safety patrols. 118.28 Community action agencies.
118.105 Control of traffic on school premises. 118.29 Administration of drugs and emergency care.
118.11 School fences. 118.291 Asthmatic pupils; possession and use of inhalers.
118.12 Sale of goods and services at schools. 118.292 Possession and use of epinephrine auto−injectors.
118.123 Reports and records; forfeitures. 118.2925 Life−threatening allergies in schools; use of epinephrine auto−injectors.
118.125 Pupil records. 118.293 Concussion and head injury.
118.126 Privileged communications. 118.295 Suicide intervention; civil liability exemption.
118.127 Law enforcement agency information. 118.30 Pupil assessment.
118.13 Pupil discrimination prohibited. 118.301 Alternative pupil assessments.
118.133 Participation in interscholastic athletics and extracurricular activities. 118.305 Use of seclusion and physical restraint.
118.134 Race−based nicknames, logos, mascots, and team names. 118.31 Corporal punishment.
118.135 Eye examinations and evaluations. 118.32 Strip search by school employee.
118.14 Age of pupils; phase in of 4−year−old kindergarten. 118.325 Locker searches.
118.145 Admission to high school. 118.33 High school graduation standards; criteria for promotion.
118.15 Compulsory school attendance. 118.34 Technical preparation programs.
118.153 Children at risk of not graduating from high school. 118.35 Programs for gifted and talented pupils.
118.155 Released time for religious instruction. 118.38 Waivers of laws and rules.
118.16 School attendance enforcement. 118.40 Charter schools.
118.162 Truancy committee and plan. 118.42 Low−performing school districts and schools; state superintendent inter-
118.163 Municipal truancy and school dropout ordinances. ventions.
118.164 Removal of pupils from the class. 118.43 Achievement guarantee contracts; state aid.
118.165 Private schools. 118.44 Achievement gap reduction; state aid.
118.167 Private school determination by state superintendent. 118.45 Tests for alcohol use.
118.169 Pupil identification. 118.46 Policy on bullying.
118.17 Indigent children. 118.50 Whole grade sharing.
118.175 Pupils without parents or guardians; report required. 118.51 Full−time open enrollment.
118.18 Teacher reports. 118.52 Part−time open enrollment.
118.19 Teacher certificates and licenses; administrator and pupil services profes- 118.53 Attendance by pupils enrolled in a home−based private educational pro-
sional licenses. gram.
118.191 Experience−based licensure for technical and vocational education sub- 118.55 Early college credit program.
jects. 118.56 Work based learning programs.
118.1915 Licensure for Junior Reserve Officer Training Corps instructors. 118.57 Notice of educational options; accountability report performance cate-
118.192 Professional teaching permits. gory; pupil assessments.
118.193 Licenses based on reciprocity. 118.60 Parental choice program for eligible school districts and other school dis-
118.194 Initial license to teach; Montessori. tricts.
Cross−reference: See definitions in s. 115.001. 118.01 Educational goals and expectations. (1) PUR-
POSE. Public education is a fundamental responsibility of the state.
118.001 Duties and powers of school boards; con- The constitution vests in the state superintendent the supervision
struction of statutes. The statutory duties and powers of of public instruction and directs the legislature to provide for the
school boards shall be broadly construed to authorize any school establishment of district schools. The effective operation of the
board action that is within the comprehensive meaning of the public schools is dependent upon a common understanding of
terms of the duties and powers, if the action is not prohibited by what public schools should be and do. Establishing such goals and
the laws of the federal government or of this state. expectations is a necessary and proper complement to the state’s
History: 1995 a. 27. financial contribution to education. Each school board should
This section expresses the legislature’s intent to give school boards broader powers
and wide discretion in exercising those powers, but does not mean that when the leg- provide curriculum, course requirements and instruction consis-
islature had previously authorized the board to take particular actions using specified tent with the goals and expectations established under sub. (2).
procedures the board has the authority to follow other procedures in taking those par- Parents and guardians of pupils enrolled in the school district
ticular actions. Madison Metropolitan School District v. Burmaster, 2006 WI App
17, 288 Wis. 2d 771, 709 N.W.2d 73, 05−0875. share with the state and school board the responsibility for pupils
The duties and powers under ss. 118.001, 120.12 (14), and 120.13 extend to indi- meeting the goals and expectations under sub. (2).
vidual teachers as employees of the school board. It would be absurd to require teach-
ers to obtain special permission from the school board with respect to every detail of (2) EDUCATIONAL GOALS. (a) Academic skills and knowledge.
their teaching. Summer homework, particularly for an honors class for which stu- Since the development of academic skills and knowledge is the
dents receive additional credit, fits comfortably within the range of what is reasonable
and is not unconstitutional. Larson v. Burmaster, 2006 WI App 142, 295 Wis. 2d 333, most important goal for schools, each school board shall provide
720 N.W.2d 134, 05−1433. an instructional program designed to give pupils:
2019−20 Wisconsin Statutes updated through 2021 Wis. Act 30, through all Orders of the Controlled Substances Board filed
before and in effect on May 6, 2021, and through all Supreme Court Orders filed before and in effect on April 15, 2021. Published
and certified under s. 35.18. Changes effective after May 6, 2021, other than those made by Supreme Court Order No. 20−07,
are designated by NOTES. (Published 5−6−21)
118.01 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 2
1. Basic skills, including the ability to read, write, spell, per- examined in the subjects and may not be penalized in any way for
form basic arithmetical calculations, learn by reading and listen- not taking such instruction, but if the subjects receive credit
ing and communicate by writing and speaking. toward graduation, the school board may require the pupil to com-
2. Analytical skills, including the ability to think rationally, plete an alternative assignment that is similar to the subjects in the
solve problems, use various learning methods, gather and analyze length of time necessary to complete. Instruction in physiology
information, make critical and independent judgments and argue and hygiene shall include instruction on sexually transmitted dis-
persuasively. eases and shall be offered in every high school.
3. A basic body of knowledge that includes information and d. Awareness about drug abuse, including prescription drug
concepts in literature, fine arts, mathematics, natural sciences, abuse, and prevention.
including knowledge of the elements of agriculture and the con- 3. An appreciation of artistic and creative expression and the
servation of natural resources, and social sciences, including capacity for self−expression.
knowledge of the rights and responsibilities of the family as a con- 4. The ability to construct personal ethics and goals.
sumer, cooperative marketing and consumers’ cooperatives. 5. Knowledge of morality and the individual’s responsibility
4. The skills and attitudes that will further lifelong intellectual as a social being, including the responsibility and morality of fam-
activity and learning. ily living and the value of frugality and other basic qualities and
5. Knowledge in computer science, including problem solv- principles referred to in article I, section 22, of the constitution
ing, computer applications and the social impact of computers. insofar as such qualities and principles affect family and con-
(b) Vocational skills. Each school board shall provide an sumer education.
instructional program designed to give pupils: 6. Knowledge of the prevention of accidents and promotion
1. An understanding of the range and nature of available of safety on the public highways, including instruction on the rela-
occupations and the required skills and abilities. tionship between highway safety and the use of alcohol and con-
2. Preparation to compete for entry level jobs not requiring trolled substances, including prescription drugs, under ch. 961.
postsecondary school education. 7. The skills needed to make sound decisions, knowledge of
3. Preparation to enter job−specific vocational training pro- the conditions which may cause and the signs of suicidal tenden-
grams. cies, knowledge of the relationship between youth suicide and the
use of alcohol and controlled substances, including prescription
4. Positive work attitudes and habits. drugs, under ch. 961 and knowledge of the available community
(c) Citizenship. Each school board shall provide an instruc- youth suicide prevention and intervention services. Instruction
tional program designed to give pupils: shall be designed to help prevent suicides by pupils by promoting
1. An understanding of the basic workings of all levels of gov- the positive emotional development of pupils.
ernment, including the duties and responsibilities of citizenship. 8. Knowledge of effective means by which pupils may recog-
2. A commitment to the basic values of our government, nize, avoid, prevent and halt physically or psychologically intru-
including by appropriate instruction and ceremony the proper rev- sive or abusive situations which may be harmful to pupils, includ-
erence and respect for and the history and meaning of the Ameri- ing child abuse, sexual abuse and child enticement. Instruction
can flag, the Declaration of Independence, the U.S. constitution shall be designed to help pupils develop positive psychological,
and the constitution and laws of this state. emotional and problem−solving responses to such situations and
3. The skills to participate in political life. avoid relying on negative, fearful or solely reactive methods of
4. An understanding of the function of organizations in soci- dealing with such situations. Instruction shall include information
ety. on available school and community prevention and intervention
assistance or services and shall be provided to pupils in elemen-
5. Knowledge of the role and importance of biological and tary schools.
physical resources. History: 1983 a. 412; 1985 a. 29, 213; 1989 a. 31; 1995 a. 27, 229, 448; 1997 a.
6. Knowledge of state, national and world history. 27, 35; 2017 a. 152, 262.
7. An appreciation and understanding of different value sys-
tems and cultures. 118.015 Reading instruction. (1) PURPOSE AND INTENT. It
is the purpose and intent of this section to provide for a develop-
8. At all grade levels, an understanding of human relations, mental reading program for pupils at all grade levels.
particularly with regard to American Indians, Black Americans
and Hispanics. (2) EMPLOYMENT OF READING SPECIALISTS. Each school dis-
trict shall employ a reading specialist certified by the department
(d) Personal development. Each school board shall provide an to develop and coordinate a comprehensive reading curriculum in
instructional program designed to give pupils: grades kindergarten to 12. At the discretion of the state superin-
1. The skills needed to cope with social change. tendent, a school district may contract with other school districts
2. Knowledge of the human body and the means to maintain or cooperative educational service agencies to employ a certified
lifelong health, including: reading specialist on a cooperative basis.
a. Knowledge of the theory and practice of physical educa- (3) DUTIES OF READING SPECIALIST. The reading specialist
tion, including the development and maintenance of physical fit- shall:
ness; (a) Develop and implement a reading curriculum in grades kin-
b. Knowledge of the nutritive value of foods, as outlined in dergarten to 12.
the Dietary Guidelines for Americans, a publication of the federal (b) Act as a resource person to classroom teachers to imple-
departments of health and human services and agriculture, and ment the reading curriculum.
knowledge of the role of a nutritious diet in promoting health, pre- (c) Work with administrators to support and implement the
venting chronic disease, and maintaining a healthy weight. reading curriculum.
c. Knowledge of physiology and hygiene, sanitation, the (d) Conduct an annual evaluation of the reading curriculum.
effects of controlled substances under ch. 961 and alcohol upon
the human system, symptoms of disease and the proper care of the (e) Coordinate the reading curriculum with other reading pro-
body. No pupil may be required to take instruction in these sub- grams and other support services within the school district.
jects if his or her parent files with the teacher a written objection (4) SCHOOL BOARD DUTIES. The school board shall:
thereto. If a pupil does not take instruction in these subjects as a (a) Develop a program of reading goals for the district for
result of parental objection, the pupil may not be required to be grades kindergarten to 12.
(b) Make an assessment of existing reading needs in grades and the schools in the school district to promote the optimal health
kindergarten to 12 in the district based on the reading goals estab- and well−being of the pupils. The provisions of this section are
lished under par. (a). in addition to, and do not supplant, the requirements under ss.
(c) Make an annual evaluation of the reading curriculum of the 118.01 (2) (d) 2. c. and 8. and 118.13 (1), which are critical to
school district. maintaining the physical and psychological health of each pupil.
(d) If the school board maintains an Internet site for the school (1m) DEFINITIONS. In this section:
district, include a link to the guidebook related to dyslexia and (a) “Age−appropriate” means suitable to a particular age group
related conditions that is published on the department’s Internet of pupils based on their developing cognitive and emotional
site under s. 115.28 (56) (b). capacity and consistent with adolescent development and com-
History: 1977 c. 29; 1995 a. 27 s. 9145 (1); 1997 a. 27; 2019 a. 86. munity standards.
(b) “Medically accurate information” means information that
118.016 Assessments of reading readiness. (1) (a) In is scientifically−based and published, where appropriate, in peer−
the 2014–15 and 2015−16 school years, each school board and the reviewed journals and textbooks.
operator of each charter school established under s. 118.40 (2r) or
(2) SUBJECTS. A school board may provide an instructional
(2x) shall, using the appropriate, valid, and reliable assessment of
program in human growth and development in grades kindergar-
literacy fundamentals selected by the department, annually assess
ten to 12. If the school board elects to provide an instructional pro-
each pupil enrolled in 4−year−old kindergarten to 2nd grade in the
gram under this section, when the school board establishes the
school district or in the charter school for reading readiness. The
curriculum for the instructional program, the school board shall
department shall ensure that the assessment evaluates whether a
pupil possesses phonemic awareness and letter sound knowledge. make determinations as to whether and, if so, for what subjects
covered in the curriculum the pupils shall be separated by gender.
(b) Beginning in the 2016−17 school year, each school board If an instructional program is provided, the following instruc-
and the operator of each charter school established under s. 118.40 tional program is recommended:
(2r) or (2x) shall, using the appropriate, valid, and reliable assess-
ment of literacy fundamentals selected by the school board or (a) Present medically accurate information to pupils and, when
operator, annually assess each pupil enrolled in 4−year−old kin- age−appropriate, address the following topics:
dergarten to 2nd grade in the school district or in the charter school 1. The importance of communication about sexuality
for reading readiness. The school board or operator shall ensure between the pupil and the pupil’s parents or guardians.
that the assessment evaluates whether a pupil possesses phonemic 2. Reproductive and sexual anatomy and physiology, includ-
awareness and letter sound knowledge. A school board or opera- ing biological, psychosocial, emotional, and intellectual changes
tor may administer computer adaptive assessments. that accompany maturation.
(c) The department shall pay to the school board or operator, 5. The benefits of and reasons for abstaining from sexual
from the appropriation under s. 20.255 (1) (f), the per pupil cost activity. Instruction under this subdivision shall stress the value
of the selected assessment. If the appropriation under s. 20.255 of abstinence as the only reliable way to prevent pregnancy and
(1) (f) in any fiscal year is insufficient to pay the full amount of aid sexually transmitted infections, and shall identify the skills neces-
under this paragraph, the state superintendent shall prorate state sary to remain abstinent.
aid payments among the school boards and operators of charter 7. Methods for developing healthy life skills, including set-
schools entitled to the aid. ting goals, making responsible decisions, communicating, and
(1g) If a pupil is enrolled in a special education program under managing stress.
subch. V of ch. 115, the school board or operator of the charter 8. How alcohol and drug use affect responsible decision mak-
school under s. 118.40 (2r) or (2x) shall comply with s. 115.77 ing.
(1m) (bg). 9. The impact of media and one’s peers on thoughts, feelings,
(1r) The school board or operator of the charter school shall and behaviors related to sexuality.
report the results of a pupil’s assessment under sub. (1) to the 10. Adoption resources, prenatal care, and postnatal supports.
pupil’s parent or guardian.
11. The nature and treatment of sexually transmitted infec-
(2) The school board of the school district or operator of the tions.
charter school in which the pupil is enrolled shall provide a pupil
whose assessment under sub. (1) indicates that he or she is at risk (c) Address self−esteem and personal responsibility, positive
of reading difficulty with interventions or remedial reading ser- interpersonal skills, and healthy relationships.
vices, as described under s. 121.02 (1) (c). (d) Identify counseling, medical, and legal resources for survi-
History: 2011 a. 166; 2013 a. 20; 2015 a. 55. vors of sexual abuse and assault, including resources for escaping
violent relationships.
118.017 Foreign language instruction. (1) All instruc- (e) Address the positive connection between marriage and par-
tion shall be in the English language, except: enting.
(a) Those programs established under subch. VII of ch. 115 (f) Present information about avoiding stereotyping and bully-
where instruction shall be in the English language and in the non− ing, including how to refrain from making inappropriate remarks,
English language of the bilingual−bicultural education program. avoiding engaging in inappropriate physical or sexual behaviors,
(b) The school board may cause any foreign language to be and how to recognize, rebuff, and report any unwanted or inap-
taught to pupils who desire it. propriate remarks or physical or sexual behaviors.
(c) The school board may cause any course to be taught in a (2d) NONDISCRIMINATION. An instructional program under
foreign language if the purpose is to facilitate the instruction of this section shall use instructional methods and materials that,
English speaking pupils in that language. consistent with s. 118.13 (1), do not discriminate against a pupil
(2) A school board may grant foreign language credit to a based upon the pupil’s race, gender, religion, sexual orientation,
pupil who has satisfactorily completed a high school course in or ethnic or cultural background or against sexually active pupils
American sign language. or children with disabilities. Nothing in this subsection shall be
History: 1983 a. 412 ss. 4, 5; Stats. 1983 s. 118.017; 1989 a. 280. construed to prohibit a school board from approving an instruc-
tional program under this section that includes instruction on
118.019 Human growth and development instruction. abstinence from sexual activity or that is abstinence−centered.
(1) PURPOSE. The purpose of this section is to foster a partnership (2m) REQUIRED SUBJECTS. If a school board provides instruc-
between parents of pupils attending schools in the school district tion in any of the areas under sub. (2) (a), the school board shall
ensure that instruction conforms to s. 118.13 (1) and that the fol- (3) February 15, Susan B. Anthony’s birthday.
lowing is provided, when age appropriate, in the same course and (4) February 22, George Washington’s birthday.
during the same year: (5) March 4, Casimir Pulaski Day.
(c) Presents abstinence from sexual activity as the preferred (5m) March 17, for “The Great Hunger” in Ireland from 1845
choice of behavior for unmarried pupils. to 1850.
(d) Emphasizes that abstinence from sexual activity before (5r) April 9, Prisoners of War Remembrance Day.
marriage is the only reliable way to prevent pregnancy and sexu- (6) April 13, American Creed Day.
ally transmitted diseases, including human immunodeficiency
(6m) April 19, Patriots’ Day.
virus and acquired immunodeficiency syndrome.
(7) April 22, Environmental Awareness Day.
(e) Provides instruction in parental responsibility and the
socioeconomic benefits of marriage for adults and their children. (7g) The last Friday in April, Arbor Day, except that if the
governor by proclamation sets apart one day to be designated as
(f) Explains pregnancy, prenatal development, and childbirth. Arbor and Bird Day under s. 14.16 (1), that day shall be appropri-
(g) Explains the criminal penalties under ch. 948 for engaging ately observed.
in sexual activities involving a child. (7r) June 14, if school is held, Robert M. La Follette, Sr. Day.
(h) Explains the sex offender registration requirements under (8) September 16, Mildred Fish Harnack Day.
s. 301.45. Instruction under this paragraph shall include who is
(9) September 17, U.S. Constitution Day.
required to report under s. 301.45, what information must be
reported, who has access to the information reported, and the (9g) Wednesday of the 3rd week in September, as part of
implications of being registered under s. 301.45. Wonderful Wisconsin Week under s. 14.16 (8), Wisconsin Day.
(i) Provides medically accurate information about the human (9r) Friday of the 3rd week in September, POW−MIA Rec-
papilloma virus and the human immunodeficiency virus and ognition Day.
acquired immunodeficiency syndrome. (9t) Wednesday of the 4th week in September, Bullying
(2s) PROVISION OF INSTRUCTION. Subject to s. 120.13 (37m), Awareness Day.
nothing in this section prohibits a school district from providing (10) September 28, Frances Willard Day.
instruction under this section, in whole or in part, to pupils while (11) October 9, Leif Erikson Day.
the pupils are separated from members of the opposite sex. (12) October 12, Christopher Columbus’ birthday.
(3) DISTRIBUTION OF CURRICULUM TO PARENTS; NOTICE. Each (13) November 11,Veterans Day.
school board that provides an instructional program in human History: 1975 c. 204, 219, 398, 422; 1979 c. 214, 301, 355; 1985 a. 232; 1987 a.
11, 16, 403; 1989 a. 146; 1993 a. 333; 1999 a. 83; 2001 a. 16, 20, 104, 105; 2003 a.
growth and development shall annually provide the parents or 305; 2005 a. 149; 2009 a. 309.
guardians of each pupil enrolled in the school district with an out-
line of the human growth and development curriculum used in the 118.025 Arbor day observance. The principal of a public,
pupil’s grade level, information regarding how the parent or private, or tribal school may request one free tree provided from
guardian may inspect the complete curriculum and instructional state forest nurseries by the department of natural resources under
materials, an explanation of the exemption under sub. (4), and a s. 28.06 for each 4th grade pupil in the school for planting in con-
statement that pupils exempted from instruction under this section junction with an annual observance and celebration of arbor day.
will still receive instruction in the subjects under s. 118.01 (2) (d) History: 1981 c. 59; 2009 a. 302.
2. c., unless exempted, and s. 118.01 (2) (d) 8. The school board
shall make the complete human growth and development curricu- 118.03 Textbooks. (1) The school board shall adopt all the
lum and all instructional materials available for inspection by a textbooks necessary for use in the schools under its charge. The
parent or guardian upon his or her request at any time, including list of the adopted books shall be filed with the school district
prior to their use in the classroom. clerk.
(4) EXEMPTION FOR INDIVIDUAL PUPILS. No pupil may be (2) The school board may purchase textbooks and sell them to
required to take instruction in human growth and development or the pupils at cost or it may designate agents of the school district
in the specific subjects under subs. (2) and (2m) if the pupil’s par- to sell the textbooks to the pupils. The agents, at stated times, shall
ent or guardian files with the teacher or school principal a written make settlement with the school district for books sold. The
request that the pupil be exempted. agents may add a selling commission which shall not exceed 10
percent of the net price.
(5) ADVISORY COMMITTEE. In any school district that offers a
human growth and development curriculum, the school board (3) No dealer in textbooks may sell any books at a price to
shall appoint an ad hoc advisory committee whose role is to advise exceed 15 percent above the net list prices, transportation added
the school board on the design and implementation of the human thereto.
growth and development curriculum and to review the curricu- (4) Any person violating this section may be fined not less
lum. Parents, teachers, school administrators, pupils, health care than $25 nor more than $100.
professionals, members of the clergy, and other residents of the History: 1983 a. 412.
school district shall comprise the committee. No one category of 118.035 School uniforms. (1) In this section, “school”
member shall constitute more than one−fifth of the membership means a public school and includes a charter school other than a
of the committee, except that parents may comprise more than charter school under s. 118.40 (2r) or (2x).
one−fifth of the membership of the committee. No more than one
quarter of the members of the committee may be made up of (2) A school board may adopt a policy that requires all pupils
employees of the school district or their spouses or members of the enrolled in school in the school district, or all pupils enrolled in
school board or their spouses. one or more schools in the school district, to wear a uniform while
History: 1985 a. 56; 1987 a. 399; 1989 a. 203; 1995 a. 27; 1997 a. 27; 2001 a. 16;
in school or while under the supervision of a school authority.
2005 a. 341, 445; 2009 a. 134; 2011 a. 216. (3) If a school board adopts a policy under sub. (2), it shall do
all of the following:
118.02 Special observance days. On the following days (a) Establish a method whereby the parent or guardian of a
when school is held or, if the day falls on a Saturday or Sunday, pupil enrolled in a school in which the policy is in effect may
on a school day immediately preceding or following the respec- exempt his or her child from complying with the policy.
tive day, the day shall be appropriately observed: (b) Ensure that no pupil is penalized academically or otherwise
(1) January 15, Dr. Martin Luther King, Jr. Day. discriminated against because the pupil’s parent or guardian has
(2) February 12, Abraham Lincoln’s birthday. chosen to exempt the pupil from complying with the policy.
(c) Notify each parent or guardian of a pupil enrolled in a charge fees for the operation of the school conservation camp.
school in which the policy will be implemented of the policy at The school board may admit nonresident pupils as well as resident
least 3 months before the school board implements the policy. pupils of the school district. The school board shall determine age
(d) Assist economically disadvantaged pupils to obtain the and other entrance requirements and the program to be offered.
uniforms. The camp may be operated in summer or at any other time that the
(4) The requirements under sub. (3) do not apply to any school school board determines.
board that has in effect on September 1, 2001, a school uniform (3) The school board may acquire, rent or accept the free use
policy for pupils enrolled in a school in the school district and has of facilities and equipment to operate the camp and may accept
had such a policy in effect continuously since that date. private contributions of any kind.
(6) Nothing in this section affects the authority of a school (4) The school board may conduct the camp on property under
board to require pupils to wear uniforms for extracurricular activi- the custody of other municipal, state or federal agencies when per-
ties, and the provisions of sub. (3) do not apply to such a require- mission is granted or on private property with consent of the
ment. owner.
History: 2001 a. 16; 2015 a. 55; 2017 a. 143. (5) Every state agency shall cooperate in making their staff
and facilities available to further the objectives of this program.
118.04 Summer classes. Any school board may elect to
operate summer classes or to permit pupils to attend summer 118.06 Flag, pledge of allegiance, and national
classes operated by another school district on a tuition basis if the anthem. (1) Every school board and the governing body of
school district of operation will accept them. Sections 118.15 and every private school shall cause the U.S. flag to be displayed in the
118.16 shall not apply to summer classes. Every school board schoolroom or from a flagstaff on each school ground during the
electing to operate summer classes: school hours of each school day.
(1) Shall make rules governing attendance and cause them to (2) Every public school shall offer the pledge of allegiance or
be spread on the school board minutes. the national anthem in grades one to 12 each school day. Every
(2) May accord to children living in the school district during private school shall offer the pledge of allegiance or the national
the summer session the status of residents of the school district for anthem in grades one to 12 each school day unless the governing
the purpose of attendance at summer classes, even though the chil- body of the private school determines that the requirement con-
dren were not regular residents of the school district during the flicts with the school’s religious doctrines. No pupil may be com-
preceding regular school session, but any such children who are pelled, against the pupil’s objections or those of the pupil’s parents
not legal residents of the state shall not be counted in computing or guardian, to recite the pledge or to sing the anthem.
the state aid to which the school district is entitled. History: 1993 a. 492; 2001 a. 16.
(3) May permit children from another school district to attend
summer classes upon payment of nonresident tuition. 118.07 Health and safety requirements. (1) Every
(4) Shall not charge tuition for attendance at summer classes school board and the governing body of every private school shall
or interim session classes of pupils who are residents of the school provide a standard first aid kit for use in cases of emergency.
district if the school board receives aid for such classes under s. (2) (a) 1. Once each month, without previous warning, the
121.14 (1) (a). The school board may establish and collect reason- person having direct charge of any public or private school shall
able fees for social, recreational, or extracurricular summer drill all pupils in the proper method of departure from the building
classes or interim session classes and programs which are neither in case of a fire, except when the person having direct charge
credited toward graduation nor aided under s. 121.14. deems that the health of the pupils may be endangered by
History: 1983 a. 27; 2013 a. 257. inclement weather conditions. At least twice annually, without
previous warning, the person having direct charge of any public
118.045 Commencement of school term. (1) Except as or private school shall drill all pupils in the proper method of evac-
provided in subs. (2) and (3), beginning in the year 2000, no public uation to a safe location in case of a tornado or other hazard. At
school may commence the school term until September 1. least twice annually, without previous warning, the person having
(2) Subsection (1) does not prohibit a school board from doing direct charge of any public or private school shall drill all pupils
any of the following: in the proper method of evacuation or other appropriate action in
(a) Holding athletic contests or practices before September 1. case of a school safety incident. The public and private school
safety drill shall be based on the school safety plan adopted under
(b) Scheduling in−service days or work days before September
sub. (4). A safety drill may be substituted for any other drill
1.
required under this subdivision. The school board or governing
(c) Holding school year−round. body of the private school shall maintain for at least 7 years a
(3) A school board may commence the school term before record of each fire drill, tornado or other hazard drill, and school
September 1 in any school year if the school board requests the safety drill conducted.
department to allow it to commence the school term before Sep- 2. Notwithstanding subd. 1., if a person having direct charge
tember 1 and the school board includes reasons with its request. of a public or private school determines that providing previous
The department may grant a request only if it determines that there warning of a drill required under subd. 1. is in the best interest of
are extraordinary reasons for granting it. The department shall pupils attending the school, the person having direct charge of the
promulgate rules to implement and administer this subsection. public or private school may provide previous warning of the drill.
History: 1999 a. 9; 2001 a. 16.
Cross−reference: See also ch. PI 27, Wis. adm. code. (b) In each community having a recognized fire department,
the person having direct charge of any public or private school
118.05 School conservation camps. (1) To promote an shall annually file a report pertaining to such drills, on a form fur-
understanding of geology, geography, conservation, nature study nished by the department of safety and professional services, with
and other aspects of general knowledge which are learned best by the chief of the fire department. When no fire drill is held during
actual contact with nature itself, any school district may establish, any month, or when only one or no tornado or other hazard drill
operate and maintain and levy taxes to support individually or in is held in a year, the person having direct charge of the school shall
cooperation with other school districts or municipalities a school state the reasons in the report.
conservation camp. The camp need not be within the school dis- (3) The department shall make available to school districts,
trict. private schools, tribal schools, and charter schools information
(2) The school board of any such district may operate, contrib- about meningococcal disease, including the causes and symptoms
ute to the operation of, participate in the joint operation of, pay or of the disease, how it is spread, and how to obtain additional infor-
mation about the disease and the availability, effectiveness, and (cp) Each school board and the governing body of each private
risks of vaccinations against the disease. The department may do school shall ensure that, at each school building regularly occu-
so by posting the information on its Internet site. At the beginning pied by pupils, pupils are drilled, at least annually, in the proper
of the 2012−13 school year and each school year thereafter, each response to a school violence event in accordance with the school
school board and the governing body of each private school and safety plan in effect for that school building. The person having
each charter school shall provide the parents and guardians of direct charge of the school building at which a drill is held under
pupils enrolled in grade 6 in the school district or school with the this paragraph shall submit a brief written evaluation of the drill
information. to the school board or governing body of the private school within
NOTE: Sub. (3) is repealed by 2005 Wis. Act 221 eff. the day after the legisla- 30 days of holding the drill. The school board or governing body
tive reference bureau publishes in the Wisconsin Administrative Register a of the private school shall review all written evaluation submitted
statement that the secretary of health services has promulgated a rule under s.
252.04 (2) that requires vaccinations against meningitis. under this paragraph. A drill under this paragraph may be substi-
(4) (a) Each school board and the governing body of each pri- tuted for a school safety drill required under sub. (2) (a).
vate school shall have in effect a school safety plan. (d) Each school board and the governing body of each private
(b) A school safety plan shall be created with the active partici- school shall review and approve the school safety plan at least
pation of appropriate parties, as specified by the school board or once every 3 years after the plan goes into effect.
governing body of the private school. The appropriate parties may (e) Before January 1, 2019, and before each January 1 there-
include the department of justice, local law enforcement officers, after, each school board and the governing body of each private
fire fighters, school administrators, teachers, pupil services pro- school shall file a copy of its school safety plan with the office of
fessionals, as defined in s. 118.257 (1) (c), and mental health pro- school safety. At the time a school board or governing body files
fessionals. Before creating or updating a school safety plan, a a school safety plan, the school board or governing body shall also
school board or governing body of a private school shall, in con- submit all of the following to the office of school safety:
sultation with a local law enforcement agency, conduct an on−site 1. The date of the annual drill or drills under par. (cp) held dur-
safety assessment of each school building, site, and facility that is ing the previous year.
regularly occupied by pupils. The on−site assessment shall 2. Certification that a written evaluation of the drill or drills
include playgrounds, athletic facilities or fields, and any other under par. (cp) was reviewed by the school board or governing
property that is occupied by pupils on a regular basis. body under par. (cp).
(bm) A school safety plan shall include all of the following: 3. The date of the most recent school training on school safety
1. An individualized safety plan for each school building and required under par. (c) and the number of attendees.
facility that is regularly occupied by pupils. The individualized 4. The most recent date on which the school board or govern-
safety plan shall include any real property related to the school ing body reviewed and approved the school safety plan.
building or facility that is regularly occupied by pupils. 5. The most recent date on which the school board or govern-
2. General guidelines specifying procedures for emergency ing body consulted with a local law enforcement agency to con-
prevention and mitigation, preparedness, response, and recovery. duct on−site safety assessments required under par. (b).
3. Guidelines and procedures to address school violence and (4m) No school board, private school, or charter school may
attacks, threats of school violence and attacks, bomb threats, fire, knowingly do any of the following:
weather−related emergencies, intruders, parent−student reunifi- (a) Purchase or use free−flowing elemental mercury for any
cation, and threats to non−classroom events, including recess, purpose.
concerts and other performances, athletic events, and any other (b) Purchase or use a mercury−containing compound or an
extracurricular activity or event. instrument or measuring device that contains mercury unless one
4. The process for reviewing the methods for conducting of the following exceptions applies:
drills required to comply with the plan. 1. No reasonably acceptable, mercury−free alternative exists,
(c) The school board or governing body of the private school in which case the school board, private school, or charter school
shall determine which persons are required to receive school shall use a compound, instrument, or measuring device containing
safety plan training and the frequency of the training. The training the lowest mercury content available.
shall be based upon the school district’s or private school’s priori- 2. The purchase or use of the compound, instrument, or mea-
tized needs, risks, and vulnerabilities. suring device is required under federal law.
(cf) Upon the creation of a school safety plan under par. (a) and 3. The only mercury−added component in the instrument or
upon each review of a school safety plan under par. (d), a school measuring device is a button cell battery.
board shall submit a copy of the most recent blueprints of each (c) Beginning January 1, 2012, store free−flowing elemental
school building and facility in the school district to each local law mercury or, unless one of the exceptions under par. (b) applies,
enforcement agency with jurisdiction over any portion of the store a mercury−containing compound or an instrument or mea-
school district and to the office of school safety. Upon the creation suring device that contains mercury.
of a school safety plan under par. (a) and upon each review of a (4p) (a) Except as provided in par. (b), no school board, gov-
safety plan under par. (d), a governing body of a private school erning body of a private school, or operator of a charter school
shall submit a copy of the most recent blueprints of the private may assist a school employee, contractor, or agent to obtain a new
school and all of its facilities to each local law enforcement agency job in a school or with a local educational agency, as defined in 20
with jurisdiction over the private school and to the office of school USC 7801 (30), if the school board, governing body, or operator
safety. knows or has a reasonable suspicion to believe that the school
(cm) Neither a school board nor a governing body of a private employee, contractor, or agent committed a sex offense, as
school may include in a school safety plan any of the following: defined in s. 301.45 (1d) (b), and the victim was a minor or a pupil.
1. A requirement for an employee to contact a school admin- (b) Paragraph (a) does not apply if any of the following apply:
istrator, school official, or any other person before calling the tele- 1. The assistance is the transmittal of administrative and per-
phone number “911.” sonnel files.
2. A prohibition against an employee reporting school vio- 2. The information the school board, private school, or charter
lence or a threat of school violence directly to a law enforcement school knows or that is the basis of the school board, private
agency. school, or charter school’s reasonable suspicion has been properly
3. A prohibition against an employee reporting a suspicious reported to law enforcement and law enforcement has closed any
individual or activity directly to a law enforcement agency. resulting case or investigation without a conviction.
(5) Each school board shall require every employee of the (e) The task force shall do all of the following:
school district governed by the school board to receive training 1. Make recommendations to the department for the develop-
provided by the department in identifying children who have been ment of a model management plan for maintaining indoor envi-
abused or neglected, in the laws and procedures under s. 48.981 ronmental quality in public and private schools that reflects best
governing the reporting of suspected or threatened child abuse and management practices. The task force shall consider including in
neglect, and in the laws under s. 175.32 governing the reporting its recommendations all of the following components:
of a threat of violence. A school district employee shall receive a. Designating a school district or private school employee as
that training within the first 6 months after commencing employ- the indoor environmental quality contact for the school district or
ment with the school district and at least once every 5 years after private school.
that initial training. b. Establishing an indoor environmental quality committee
History: 1971 c. 164 s. 85; 1975 c. 39; 1981 c. 373; 1987 a. 27; 1995 a. 27 ss. 3938,
9116 (5); 2005 a. 220, 221; 2007 a. 79, 97; 2009 a. 28 ss. 2258m, 2258n, 2297n; 2009 composed of school administrators, teachers, educational support
a. 44, 302; 2009 a. 309 ss. 3, 4, 15; 2011 a. 32, 81; 2011 a. 260 s. 80; 2013 a. 237; 2017 professionals, and custodial and maintenance staff.
a. 130, 143; 2019 a. 39; s. 35.17 correction in (2) (a), (4) (cm) 1.
c. Developing a plan for communicating with school district
118.075 Indoor environmental quality in schools. or private school employees, pupils, and parents and guardians of
(1) DEFINITION. In this section, “task force” means the indoor pupils about indoor environmental quality problems, including
environmental quality in schools task force established under sub. test results, and proposed schedules for remediation.
(2). d. Identifying procedures for handling complaints about
(2) TASK FORCE. (a) The state superintendent shall establish indoor environmental quality.
a special committee under s. 15.04 (1) (c) called the indoor envi- e. Acknowledging that the school district or private school
ronmental quality in schools task force. The task force shall con- will continue to meet all health and safety laws or codes that apply
sist of the following members: to the school district or private school.
1. The state superintendent or his or her designee. f. Developing a plan for addressing indoor environmental
2. The secretary of safety and professional services or his or quality issues noted during an evaluation of building systems per-
her designee. formed in accordance with department rules on safe and healthful
facilities.
3. The secretary of health services or his or her designee.
g. Providing for an annual review of the management plan by
4. One member who is a representative of the Wisconsin the indoor environmental quality contact and the school board or
Association of School Boards. private school governing board.
5. One member who is a representative of the Wisconsin 2. Recommend indoor environmental quality training
Association of School District Administrators. requirements for school district or private employees who are
6. Three members who are representatives of the Wisconsin responsible for the operation and maintenance of schools.
Association of School Business Officials and who have expertise 3. Recommend educational materials relating to indoor envi-
in indoor environmental quality in schools. ronmental quality in schools.
7. One member who is a representative of the Wisconsin 4. Recommend model specifications for the design and con-
Council of Religious and Independent Schools. struction of school facilities and for additions and structural alter-
8. One member who is a representative of the Wisconsin ations to school facilities that promote indoor environmental qual-
Association of School Nurses. ity and that ensure that the building’s systems are planned,
9. One member who is a representative of the largest state- designed, installed, tested, operated, and maintained to perform
wide labor organization representing teachers. efficiently and to meet the school district’s or private school’s
10. One member who is a representative of the largest state- needs.
wide organization representing parents of pupils. (f) Upon completing its duties under par. (e), the task force
11. One member who is an occupational health physician or shall report its findings and recommendations to the appropriate
allergist and who has expertise in indoor environmental quality in standing committees of the legislature under s. 13.172 (3) and to
schools. the governor. The task force shall cease to exist on the date on
12. One member who is registered as an architect under ch. which the department issues its model management plan under
443 and who has expertise in school design and construction. sub. (3).
13. One member who is registered as a professional engineer (3) INDOOR ENVIRONMENTAL QUALITY IN SCHOOLS MODEL MAN-
AGEMENT PLAN. By the first day of the 12th month beginning after
under ch. 443 and who has expertise in the design of mechanical
systems for schools. the month in which the task force submits its report under sub. (2)
(f), the department shall establish a model management plan and
14. Two members who are industrial hygienists certified by practices for maintaining indoor environmental quality in public
the American Board of Industrial Hygiene and who have expertise and private schools. In developing the plan and practices, the
in indoor environmental quality in schools. department shall consider the recommendations of the task force.
(b) The state superintendent shall appoint the members of the (4) SCHOOL DISTRICT PLANS. (a) By the first day of the 3rd
task force specified in par. (a) 4. to 14., shall appoint or determine month beginning after the month in which the department estab-
the method of appointment of the officers of the task force, and lishes the model management plan and practices under sub. (3),
shall call the first meeting of the task force. each school board shall provide for the development of a plan for
(c) The department shall provide administrative support ser- maintaining indoor environmental quality in its schools.
vices to the task force. The task force may call upon any state (b) By the first day of the 12th month beginning after the month
agency or officer to assist the task force, and those agencies or in which the department establishes the model management plan
officers shall cooperate with the task force to the fullest extent and practices under sub. (3), each school board shall implement
possible. The department may contract with professionals who a plan for maintaining indoor environmental quality in its schools.
are knowledgeable and experienced in indoor environmental
quality management in schools to assist the task force in making (c) Each school board shall provide a copy of the plan imple-
its recommendations under par. (e) 1. mented under par. (b) to any person upon request.
History: 2009 a. 96; 2011 a. 32.
(d) The department of administration shall reimburse mem-
bers of the task force for their actual and necessary expenses 118.076 Lifesaving skills instruction. (1) In this section,
incurred in carrying out their functions from the appropriation “automatic external defibrillator” has the meaning given in s.
account under s. 20.505 (1) (ka). 440.01 (1) (ad).
(3) Beginning in the 2017−18 school year and subject to sub. safety zone. The operator of a vehicle under contract to transport
(4), each school board operating any grade from 7 to 12, the opera- pupils to the school shall have necessary police powers so that
tor of each charter school established under s. 118.40 (2r) or (2x) pupils will be properly safeguarded in loading and unloading at
that operates any grade from 7 to 12, and the governing body of the zone and while the operator’s vehicle is approaching and leav-
each private school that operates any grade from 7 to 12 shall do ing the zone. The operator shall first alight before loading or
all of the following: unloading pupils at the zone, and while at stops on the operator’s
(a) Provide instruction in cardiopulmonary resuscitation and highway route to load and unload pupils, the operator shall exhibit
cardiocerebral resuscitation in any health education course the vehicle’s stop sign.
offered to pupils in grades 7 to 12. The school board, operator of (4) Private schools shall comply with this section to the same
the charter school, or governing body of the private school shall extent as school districts.
use either of the following, and shall incorporate into the instruc- History: 1993 a. 492.
tion the psychomotor skills necessary to perform cardiopulmo-
nary resuscitation and cardiocerebral resuscitation: 118.10 School safety patrols. Any school board may orga-
1. An instructional program developed by the American Red nize school safety patrols and, with the permission of the parents,
Cross or the American Heart Association. appoint pupils as members thereof for the purpose of influencing
2. Nationally recognized, evidence−based guidelines for car- and encouraging the other pupils to refrain from crossing public
diopulmonary resuscitation and cardiocerebral resuscitation. highways at points other than at regular crossings and for the pur-
pose of directing pupils not to cross highways at times when the
(b) Provide instruction about automated external defibrillators
presence of traffic would render such crossing unsafe. Nothing in
to pupils enrolled in grades 7 to 12 in the school district, charter
school, or private school. this section authorizes or permits the use of any safety patrol mem-
ber for the purpose of directing vehicular traffic, nor may any
(4) (a) In this subsection, a “virtual school” is a school in safety patrol member be stationed in that portion of the highway
which all or a portion of the instruction is provided through means intended for the use of vehicular traffic. No liability shall attach
of the Internet, and the pupils enrolled in and instructional staff to the school district or any individual, school board member,
employed by the school are geographically remote from each school district administrator, teacher or other school authority by
other. “Virtual school” includes a virtual charter school. virtue of the organization, maintenance or operation of a school
(b) A virtual school need not provide any instruction required safety patrol organized, maintained and operated under this sec-
under sub. (3) in a manner that requires the pupils receiving the tion.
instruction and instructional staff providing the instruction to be History: 1997 a. 113.
together in the same geographical location. A virtual school may
provide all of the instruction required under sub. (3) through the 118.105 Control of traffic on school premises. (1) Any
means of the Internet. school board may request local authorities to control motor vehi-
History: 2009 a. 273; 2015 a. 55, 390; 2017 a. 59. cle and pedestrian traffic on off−highway school premises located
within the jurisdiction of such local authorities.
118.08 School zones; crossings. (1) On any street or
(2) If the governing body of any town, city or village by ordi-
highway which borders the grounds of any public, private, or
nance regulates the operation and parking of motor vehicles on
tribal school in which school is held for a term of not less than 6
months, the authority in charge of the maintenance of the street or off−highway public school premises, school drives or parking lots
highway shall erect black and yellow “school” warning signs. The or pedestrian traffic on any such drives or parking lots, the school
authority may also designate school crossings across any street or board may enter into written agreements with such governing
highway, whether or not the street or highway borders on the body for reimbursement of the cost of enforcing such ordinance.
grounds of a school. (3) Nothing in this section shall preclude the governing body
(2) All signs required by this section and their installation of any town, city or village from repealing ordinances regulating
shall comply with standards adopted by the department of trans- the operation or parking of motor vehicles on off−highway public
portation. school premises, drives or parking lots or regulating pedestrian
History: 1973 c. 90; 1975 c. 48; 1977 c. 29 s. 1654 (8) (g); 2009 a. 302. traffic on such drives or parking lots without prior consent of a
school board which requested enactment of such ordinance.
118.09 Safety zones. (1) Every school district maintaining History: 1975 c. 251.
a school outside the corporate limits of a city or village shall pro-
vide at the school site a zone which will provide safety for pupils 118.11 School fences. The school district shall erect and
from vehicular traffic during loading and unloading of pupils at maintain all the fence necessary to enclose the school site or
the school. The zone may consist of a widening toward or into the grounds without any financial burden on the holders of adjoining
schoolyard of the traveled portion of the adjacent highway so as properties.
to permit a vehicle to stop in the extended area completely clear
of such traveled portion or may be constructed wholly within the 118.12 Sale of goods and services at schools. (1) (a)
schoolyard with connecting roads to the adjacent highway. The Except as provided under par. (b), any person may sell or promote
zone and approaches from the highway for use of vehicles shall the sale of goods or services on school district or cooperative edu-
be graveled or hard−surfaced. cational service agency property.
(2) The school district shall cooperate with the agency of the (b) A school board may adopt written resolutions governing
town, county or state having jurisdiction of the highway to the end the sale and promotion of goods and services on school district
that matters pertaining to the highway will be properly protected. property. The board of control of a cooperative educational ser-
Contracts for the necessary materials and construction and main- vice agency may adopt written resolutions governing the sale and
tenance, including snow removal, of zones may be entered into promotion of goods and services on agency property. The resolu-
with the county or town or with private persons. If the contracting tions may prohibit, restrict or provide guidelines for such sales and
party does not have jurisdiction over the highway, the contract promotions.
shall be approved by the agency of the state, county or town hav- (2) (a) No school district employee may receive for his or her
ing jurisdiction over the highway before any work is commenced personal benefit anything of value from any person other than his
thereunder. or her employing school district to sell, promote the sale of or act
(3) All loading and unloading of pupils at the school, whether as an agent or solicitor for the sale of any goods or services to any
transported by a public or private vehicle, shall take place in the public school pupil while on the property of his or her employing
school district or at an activity of his or her employing school dis- records, any lead screening records required under s. 254.162 and
trict. records of the pupil’s school extracurricular activities.
(b) No cooperative educational service agency employee may (cm) “Pupil physical health records” means those pupil
receive for his or her personal benefit anything of value from any records that include basic health information about a pupil,
person other than his or her employing agency to sell, promote the including the pupil’s immunization records, an emergency medi-
sale of or act as an agent or solicitor for the sale of any goods or cal card, a log of first aid and medicine administered to the pupil,
services to any public school pupil while on the property or at an an athletic permit card, a record concerning the pupil’s ability to
activity of his or her employing agency or while on the property participate in an education program, any lead screening records
or at an activity of a school district in the agency. required under s. 254.162, the results of any routine screening test,
(3) Any person violating sub. (2) is subject to a forfeiture of such as for hearing, vision or scoliosis, and any follow−up to such
not more than $200 for each offense. test, and any other basic health information, as determined by the
(4) If a school board enters into a contract that grants to one state superintendent.
vendor the exclusive right to sell soft drinks in one or more schools (d) “Pupil records” means all records relating to individual
of the school district, the contract may not prohibit the sale of milk pupils maintained by a school but does not include any of the fol-
in any school and, to the maximum extent possible, the school lowing:
board shall ensure that milk is available to pupils in each school 1. Notes or records maintained for personal use by a teacher
covered by the contract. or other person who is required by the state superintendent under
(5) If a school board contracts with a person to provide photo- s. 115.28 (7) to hold a certificate, license, or permit if such records
graphs of 12th grade pupils for a school yearbook, the contract and notes are not available to others.
may not prohibit a pupil from supplying his or her own photograph 2. Records necessary for, and available only to persons
for the yearbook, subject to the school board’s reasonable specifi- involved in, the psychological treatment of a pupil.
cations. 3. Law enforcement unit records.
History: 1985 a. 214; 1997 a. 35; 2001 a. 109; 2003 a. 132. (e) “Record” means any material on which written, drawn,
printed, spoken, visual, or electromagnetic information is
118.123 Reports and records; forfeitures. (1) Any offi- recorded or preserved, regardless of physical form or characteris-
cer or teacher who fails or neglects to make the reports or who fails tics.
to keep the records required by chs. 115 to 121 shall forfeit not less (2) CONFIDENTIALITY AND DISCLOSURE OF PUPIL RECORDS. All
than $5 nor more than $25 for each such failure or neglect. pupil records maintained by a public school shall be confidential,
(2) If any person designated in chs. 115 to 121 to prosecute an except as provided in pars. (a) to (q) and sub. (2m). The school
action for a forfeiture or neglect of duty fails to prosecute the board shall adopt policies to maintain the confidentiality of such
action within 10 days after being requested in writing by an elector records and may adopt policies to promote the disclosure of pupil
of the school district to do so, any elector of the school district may records and information permitted by law for purposes of school
prosecute the action. safety.
History: 1979 c. 89, 301; 1985 a. 214 s. 1; Stats. 1985 s. 118.123.
(a) A pupil, or the parent or guardian of a minor pupil, shall,
118.125 Pupil records. (1) DEFINITIONS. In this section: upon request, be shown and provided with a copy of the pupil’s
progress records.
(a) “Behavioral records” means those pupil records that
include psychological tests, personality evaluations, records of (b) An adult pupil or the parent or guardian of a minor pupil
conversations, any written statement relating specifically to an shall, upon request, be shown, in the presence of a person qualified
individual pupil’s behavior, tests relating specifically to achieve- to explain and interpret the records, the pupil’s behavioral records.
ment or measurement of ability, the pupil’s physical health records Such pupil or parent or guardian shall, upon request, be provided
other than his or her immunization records or any lead screening with a copy of the behavioral records.
records required under s. 254.162, law enforcement officers’ (c) 1. The judge of any court of this state or of the United States
records obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or (c) 3., shall, upon request, be provided by the school district clerk or his
and any other pupil records that are not progress records. or her designee with a copy of all progress records of a pupil who
is the subject of any proceeding in such court.
(b) “Directory data” means those pupil records which include
the pupil’s name, address, telephone listing, date and place of 2. Names of dropouts shall be provided to a court in response
birth, major field of study, participation in officially recognized to an order under s. 118.163 (2m) (b).
activities and sports, weight and height of members of athletic (cg) The school district clerk or his or her designee shall pro-
teams, dates of attendance, photographs, degrees and awards vide a law enforcement agency with a copy of a pupil’s attendance
received and the name of the school most recently previously record if the law enforcement agency certifies in writing that the
attended by the pupil. pupil is under investigation for truancy or for allegedly commit-
(be) “Law enforcement agency” has the meaning given in s. ting a criminal or delinquent act and that the law enforcement
165.83 (1) (b). agency will not further disclose the pupil’s attendance record
except as permitted under s. 938.396 (1) (a). A school district
(bL) “Law enforcement unit” means any individual, office, clerk or designee who discloses a copy of a pupil’s attendance
department, division, or other component of a school district that record to a law enforcement agency for purposes of a truancy
is authorized or designated by the school board to do any of the investigation shall notify the pupil’s parent or guardian of that dis-
following: closure as soon as practicable after that disclosure.
1. Enforce any law or ordinance, or refer to the appropriate (ch) The school district clerk or his or her designee shall pro-
authorities a matter for enforcement of any law or ordinance, vide a fire investigator under s. 165.55 (15) with a copy of a pupil’s
against any person other than the school district. attendance record if the fire investigator certifies in writing that
2. Maintain the physical security and safety of a public the pupil is under investigation under s. 165.55, that the pupil’s
school. attendance record is necessary for the fire investigator to pursue
(bs) “Law enforcement unit records” means records main- his or her investigation and that the fire investigator will use and
tained by a law enforcement unit that were created by that law further disclose the pupil’s attendance record only for the purpose
enforcement unit for the purpose of law enforcement. of pursuing that investigation.
(c) “Progress records” means those pupil records which (ck) The school district clerk or his or her designee shall make
include the pupil’s grades, a statement of the courses the pupil has pupil records available for inspection or, upon request, disclose
taken, the pupil’s attendance record, the pupil’s immunization the contents of pupil records to authorized representatives of the
department of corrections, the department of health services, the dren and families, or a county department under s. 46.215, 46.22,
department of justice, or a district attorney for use in the prosecu- or 46.23.
tion of any proceeding or any evaluation conducted under ch. 980, (j) 1. Except as provided under subds. 2. and 3., directory data
if the pupil records involve or relate to an individual who is the may be disclosed to any person, if the school has notified the par-
subject of the proceeding or evaluation. The court in which the ent, legal guardian or guardian ad litem of the categories of infor-
proceeding under ch. 980 is pending may issue any protective mation which it has designated as directory data with respect to
orders that it determines are appropriate concerning pupil records each pupil, has informed the parent, legal guardian or guardian ad
made available or disclosed under this paragraph. Any represen- litem of that pupil that he or she has 14 days to inform the school
tative of the department of corrections, the department of health that all or any part of the directory data may not be released with-
services, the department of justice, or a district attorney may dis- out the prior consent of the parent, legal guardian or guardian ad
close information obtained under this paragraph for any purpose litem and has allowed 14 days for the parent, legal guardian or
consistent with any proceeding under ch. 980. guardian ad litem of that pupil to inform the school that all or any
(cm) If school attendance is a condition of a child’s disposi- part of the directory data may not be released without the prior
tional order under s. 48.355 (2) (b) 7. or 938.355 (2) (b) 7., the consent of the parent, legal guardian or guardian ad litem.
school board shall notify the county department that is responsible 2. If a school has notified the parent, legal guardian or guard-
for supervising the child within 5 days after any violation of the ian ad litem that a pupil’s name and address has been designated
condition by the child. as directory data, has informed the parent, legal guardian or guard-
(d) Pupil records shall be made available to persons employed ian ad litem of the pupil that he or she has 14 days to inform the
by the school district which the pupil attends who are required by school that the pupil’s name and address may not be released with-
the department under s. 115.28 (7) to hold a license, law enforce- out the prior consent of the parent, legal guardian or guardian ad
ment officers who are individually designated by the school board litem, has allowed 14 days for the parent, legal guardian or guard-
and assigned to the school district, and other school district offi- ian ad litem of the pupil to inform the school that the pupil’s name
cials who have been determined by the school board to have legiti- and address may not be released without the prior consent of the
mate educational interests, including safety interests, in the pupil parent, legal guardian or guardian ad litem and the parent, legal
records. Law enforcement officers’ records obtained under s. guardian or guardian ad litem has not so informed the school, the
938.396 (1) (c) 3. shall be made available as provided in s. school district clerk or his or her designee, upon request, shall pro-
118.127. A school board member or an employee of a school dis- vide a technical college district board with the name and address
trict may not be held personally liable for any damages caused by of each such pupil who is expected to graduate from high school
the nondisclosure of any information specified in this paragraph in the current school year.
unless the member or employee acted with actual malice in failing 3. If a school has notified the parent, legal guardian or guard-
to disclose the information. A school district may not be held ian ad litem of the information that it has designated as directory
liable for any damages caused by the nondisclosure of any infor- data with respect to any pupil, has informed the parent, legal
mation specified in this paragraph unless the school district or its guardian or guardian ad litem of the pupil that he or she has 14
agent acted with gross negligence or with reckless, wanton, or days to inform the school that such information may not be
intentional misconduct in failing to disclose the information. released without the prior consent of the parent, legal guardian or
(e) Upon the written permission of an adult pupil, or the parent guardian ad litem, has allowed 14 days for the parent, legal guard-
or guardian of a minor pupil, the school shall make available to the ian or guardian ad litem of the pupil to inform the school that such
person named in the permission the pupil’s progress records or information may not be released without the prior consent of the
such portions of the pupil’s behavioral records as determined by parent, legal guardian or guardian ad litem and the parent, legal
the person authorizing the release. Law enforcement officers’ guardian or guardian ad litem has not so informed the school, the
records obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or (c) 3. school district clerk or his or her designee, upon request, shall pro-
may not be made available under this paragraph unless specifi- vide any representative of a law enforcement agency, district
cally identified by the adult pupil or by the parent or guardian of attorney, city attorney or corporation counsel, county department
a minor pupil in the written permission. under s. 46.215, 46.22 or 46.23 or a court of record or municipal
(f) Pupil records shall be provided to a court in response to sub- court with such information relating to any such pupil enrolled in
poena by parties to an action for in camera inspection, to be used the school district for the purpose of enforcing that pupil’s school
only for purposes of impeachment of any witness who has testi- attendance, investigating alleged criminal or delinquent activity
fied in the action. The court may turn said records or parts thereof by the pupil or responding to a health or safety emergency.
over to parties in the action or their attorneys if said records would (k) A school board may disclose personally identifiable infor-
be relevant and material to a witness’s credibility or competency. mation from the pupil records of an adult pupil to the parents or
(g) 1. The school board may provide any public officer with guardian of the adult pupil, without the written consent of the adult
any information required to be maintained under chs. 115 to 121. pupil, if the adult pupil is a dependent of his or her parents or
2. Upon request by the department, the school board shall pro- guardian under 26 USC 152, unless the adult pupil has informed
vide the department with any information contained in a pupil the school, in writing, that the information may not be disclosed.
record that relates to an audit or evaluation of a federal or state− (L) A school board shall disclose the pupil records of a pupil
supported program or that is required to determine compliance in compliance with a court order under s. 48.236 (4) (a), 48.345
with requirements under chs. 115 to 121. (12) (b), 48.9795 (3) (c), 938.34 (7d) (b), 938.396 (1) (d), or
(h) Information from a pupil’s immunization records shall be 938.78 (2) (b) 2. after making a reasonable effort to notify the
made available to the department of health services to carry out the pupil’s parent or legal guardian.
purposes of s. 252.04. (m) A parent who has been denied periods of physical place-
(hm) Information from any pupil lead screening records shall ment with a child under s. 767.41 (4) does not have the rights of
be made available to state and local health officials to carry out the a parent or guardian under pars. (a) to (j) with respect to that
purposes of ss. 254.11 to 254.178. child’s pupil records.
(i) Upon request, the school district clerk or his or her designee (n) For any purpose concerning the juvenile justice system and
shall provide the names of pupils who have withdrawn from the the system’s ability to effectively serve a pupil, prior to adjudica-
public school prior to graduation under s. 118.15 (1) (c) to the tion:
technical college district board in which the public school is 1. A school board may disclose pupil records to a city attor-
located or, for verification of eligibility for public assistance under ney, corporation counsel, agency, as defined in s. 938.78 (1),
ch. 49, to the department of health services, the department of chil- intake worker under s. 48.067 or 938.067, court of record, munici-
pal court, private school, or another school board if disclosure is ioral records may be maintained for more than one year after the
pursuant to an interagency agreement and the person to whom the pupil ceases to be enrolled in the school, unless the pupil specifies
records are disclosed certifies in writing that the records will not in writing that his or her behavioral records may be maintained for
be disclosed to any other person except as otherwise authorized a longer period. A pupil’s progress records shall be maintained for
by law. For the purpose of providing services to a pupil before at least 5 years after the pupil ceases to be enrolled in the school.
adjudication, a school board may disclose pupil records to a tribal A school board may maintain the records on microfilm, on an opti-
school if disclosure is pursuant to an agreement between the cal disc, or in electronic format if authorized under s. 19.21 (4) (c),
school board and the governing body of the tribal school and if the or in such other form as the school board deems appropriate. A
school board determines that enforceable protections are provided school board shall maintain law enforcement officers’ records
by a tribal school policy or tribal law that requires the tribal school obtained under s. 48.396 (1) or 938.396 (1) (b) 2. or (c) 3. sepa-
official to whom the records are disclosed not to disclose the rately from a pupil’s other pupil records. Rules adopted under this
records to any other person except as permitted under this subsec- subsection shall be published by the school board as a class 1
tion. notice under ch. 985.
2. A school board shall disclose pertinent pupil records to an (4) TRANSFER OF RECORDS. No later than the next working day,
investigating law enforcement agency or district attorney if the a school district, a private school participating in the program
person to whom the records are disclosed certifies in writing that under s. 118.60 or in the program under s. 119.23, and the govern-
the records concern the juvenile justice system and the system’s ing body of a private school that, pursuant to s. 115.999 (3), 119.33
ability to effectively serve the pupil, relate to an ongoing inves- (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and
tigation or pending delinquency petition, and will not be disclosed general management of a school transferred to an opportunity
to any other person except as otherwise authorized by law. schools and partnership program under s. 119.33, subch. IX of ch.
(p) A school board may disclose pupil records to appropriate 115, or subch. II of ch. 119 shall transfer to another school, includ-
parties in connection with an emergency if knowledge of the infor- ing a private or tribal school, or school district all pupil records
mation is necessary to protect the health or safety of any individ- relating to a specific pupil if the transferring school district or pri-
ual. vate school has received written notice from the pupil if he or she
is an adult or his or her parent or guardian if the pupil is a minor
(q) On request, a school board may disclose pupil records that
that the pupil intends to enroll in the other school or school district
are pertinent to addressing a pupil’s educational needs to a case-
or written notice from the other school or school district that the
worker or other representative of the department of children and
pupil has enrolled or from a court that the pupil has been placed
families, a county department under s. 46.215, 46.22, or 46.23, or
in a juvenile correctional facility, as defined in s. 938.02 (10p), or
a tribal organization, as defined in 25 USC 450b (L), that is legally
a secured residential care center for children and youth, as defined
responsible for the care and protection of the pupil, if the case-
in s. 938.02 (15g). In this subsection, “school” and “school dis-
worker or other representative is authorized by that department,
trict” include any juvenile correctional facility, secured residential
county department, or tribal organization to access the pupil’s case
care center for children and youth, adult correctional institution,
plan. A department, county department, or tribal organization that
mental health institute, or center for the developmentally disabled
receives pupil records under this paragraph may not further dis- that provides an educational program for its residents instead of
close those pupil records or any personally identifiable informa- or in addition to that which is provided by public, private, and
tion contained in those pupil records except as follows: tribal schools.
1. To a person who is engaged in addressing the pupil’s edu- (5) USE FOR SUSPENSION OR EXPULSION. (a) Except as provided
cational needs, who is authorized by that department, county in par. (b), nothing in this section prohibits a school district from
department, or tribal organization to receive that disclosure, and using a pupil’s records in connection with the suspension or expul-
to whom that disclosure is authorized under this section or under sion of the pupil or the use of such records by a multidisciplinary
a substantially similar tribal law. team under ch. 115.
2. Upon request, to any court of this state or of the United (b) Law enforcement officers’ records obtained under s.
States that needs to review those records or that information for 48.396 (1) or 938.396 (1) (b) 2. or (c) 3. and records of the court
the purpose of addressing the educational needs of a pupil who is assigned to exercise jurisdiction under chs. 48 and 938 or of a
the subject of a proceeding in that court. municipal court obtained under s. 938.396 (2g) (m) may not be
3. In response to an order of a court conducting proceedings used by a school district as the sole basis for expelling or suspend-
under s. 48.135, 48.21, 938.135, 938.18, 938.183, or 938.21, pro- ing a pupil or as the sole basis for taking any other disciplinary
ceedings related to a petition under s. 48.13, 48.133, 48.42, action against a pupil, but may be used as the sole basis for taking
938.12, or 938.13, or dispositional proceedings under subch. VI action against a pupil under the school district’s athletic code.
or VIII of ch. 48 or subch. VI of ch. 938 or in response to a sub- (6) APPLICATION TO EXISTING RECORDS. Any records existing
poena issued in such a proceeding, to any person who is engaged on June 9, 1974 need not be revised for the purpose of deleting
in addressing the educational needs of the pupil and who is autho- information from pupil records to comply with this section.
rized to receive that disclosure under that order or subpoena.
Except as provided in 20 USC 1232g (b) (2) (B), a department, (7) DISCLOSURE OF LAW ENFORCEMENT UNIT RECORDS. A
county department, or tribal organization that is issued an order or school board shall treat law enforcement unit records of juveniles
subpoena described in this subdivision shall provide notice of the in the same manner as a law enforcement agency is required to
order or subpoena to the pupil’s parent or guardian before comply- treat law enforcement officers’ records of juveniles under s.
ing with the order or subpoena. 938.396 (1) (a).
History: 1973 c. 254; 1977 c. 418; 1979 c. 205; 1981 c. 20, 273; 1983 a. 189; 1985
(2m) CONFIDENTIALITY OF PUPIL PHYSICAL HEALTH RECORDS. a. 218; 1987 a. 27, 70, 206, 285, 337, 355; 1987 a. 399 s. 491r; 1987 a. 403 ss. 123,
(a) Except as provided in par. (b), any pupil record that relates to 124, 256; 1989 a. 31, 168; 1989 a. 201 s. 36; 1989 a. 336; 1991 a. 39, 189; 1993 a.
27, 172, 334, 377, 385, 399, 450, 491; 1995 a. 27 ss. 3939, 3940, 9126 (19), 9130 (4),
a pupil’s physical health and that is not a pupil physical health 9145 (1); 1995 a. 77, 173, 225, 352; 1997 a. 3, 27, 205, 237, 239; 1999 a. 9, 149; 2003
record shall be treated as a patient health care record under ss. a. 82, 292; 2005 a. 344, 434; 2005 a. 443 s. 265; 2007 a. 20 ss. 2712, 9121 (6) (a);
146.81 to 146.84. 2009 a. 11, 28, 209, 302, 309; 2011 a. 32, 105, 260; 2015 a. 55, 161, 196; 2017 a. 251;
2019 a. 109.
(b) Any pupil record that concerns the results of an HIV test, A public school student’s interim grades are pupil records specifically exempted
as defined in s. 252.01 (2m), shall be treated as provided under s. from disclosure under this section. A failure to specifically state reasons for denying
an open records request for records that are specifically exempted from disclosure
252.15. does not compel disclosure of those records. State ex rel. Blum v. Board of Education,
(3) MAINTENANCE OF RECORDS. Each school board shall adopt 209 Wis. 2d 377, 565 N.W.2d 140 (Ct. App. 1997), 96−0758.
A court need not wait until trial to disclose pupil records under sub. (2) (f) and may
rules in writing specifying the content of pupil records and the instead base its decision on the review of deposition testimony. Sub. (2) (f) refers to
time during which pupil records shall be maintained. No behav- an action, which is a much broader term than trial. A witness who has been deposed
has testified in the action. Anderson v. Northwood School District, 2011 WI App 31, for taking action against a pupil under the school district’s athletic
332 Wis. 2d 134, 796 N.W.2d 874, 09−1881.
A court may not disclose confidential records under sub. (2) (f) merely because code.
they are relevant to a plaintiff’s claim. The court’s gatekeeper role is to protect the History: 1991 a. 39; 1995 a. 77, 173, 352; 1997 a. 27, 205; 2005 a. 344; 2009 a.
privacy of the pupil whose records are sought, releasing only those records that may 302, 309; 2011 a. 165.
concern a specific witness’s credibility or competency. Anderson v. Northwood
School District, 2011 WI App 31, 332 Wis. 2d 134, 796 N.W.2d 874, 09−1881. 118.13 Pupil discrimination prohibited. (1) Except as
When neither defense counsel nor the school was familiar with the requirements
of sub. (2) (f) and neither wholly complied with the statute during discovery when the provided in s. 120.13 (37m), no person may be denied admission
school faxed the records directly to defense counsel upon defense counsel’s request to any public school or be denied participation in, be denied the
for records rather than provide them to the court for in camera inspection, the trial benefits of or be discriminated against in any curricular, extra-
court was not correct to prohibit the defense from using the records. The trial court
should have, upon receipt of the documents, conducted the in camera inspection curricular, pupil services, recreational or other program or activity
required by the statute, while requiring the parties to keep the documents confidential. because of the person’s sex, race, religion, national origin, ances-
State v. Echols, 2013 WI App 58, 348 Wis. 2d 81, 831 N.W.2d 768, 12−0422. try, creed, pregnancy, marital or parental status, sexual orientation
Pupil information that local education agencies are required to release to the or physical, mental, emotional or learning disability.
Department of Public Instruction under the reporting provisions of ch. 89, laws of
1973, may be provided, with or without permission, without violation of the state or (2) (a) Each school board shall develop written policies and
federal confidentiality statutes. 65 Atty. Gen. 1. procedures to implement this section and submit them to the state
“Pupil records” are “public records” under s. 19.32 (2) but are subject to special
statutes that limit access and direct maximum and minimum periods of maintenance
superintendent as a part of its 1986 annual report under s. 120.18.
before destruction. 72 Atty. Gen. 169. The policies and procedures shall provide for receiving and inves-
Access to student records in Wisconsin. 1976 WLR 975. tigating complaints by residents of the school district regarding
possible violations of this section, for making determinations as
118.126 Privileged communications. (1) A school psy- to whether this section has been violated and for ensuring com-
chologist, counselor, social worker and nurse, and any teacher or pliance with this section.
administrator designated by the school board who engages in (b) Any person who receives a negative determination under
alcohol or drug abuse program activities, shall keep confidential par. (a) may appeal the determination to the state superintendent.
information received from a pupil that the pupil or another pupil (3) (a) The state superintendent shall:
is using or is experiencing problems resulting from the use of alco-
1. Decide appeals made to him or her under sub. (2) (b). Deci-
hol or other drugs unless: sions of the state superintendent under this subdivision are subject
(a) The pupil using or experiencing problems resulting from to judicial review under ch. 227.
the use of alcohol or other drugs consents in writing to disclosure 2. Promulgate rules necessary to implement and administer
of the information; this section.
(b) The school psychologist, counselor, social worker, nurse, 3. Include in the department’s biennial report under s. 15.04
teacher or administrator has reason to believe that there is serious (1) (d) information on the status of school district compliance with
and imminent danger to the health, safety or life of any person and this section and school district progress toward providing reason-
that disclosure of the information to another person will alleviate able equality of educational opportunity for all pupils in this state.
the serious and imminent danger. No more information than is
(b) The state superintendent may:
required to alleviate the serious and imminent danger may be dis-
closed; or 1. Periodically review school district programs, activities and
services to determine whether the school boards are complying
(c) The information is required to be reported under s. 48.981
with this section.
or 175.32.
2. Assist school boards to comply with this section by provid-
(2) A school psychologist, counselor, social worker, or nurse, ing information and technical assistance upon request.
or any teacher or administrator designated by the school board
who engages in alcohol or drug abuse program activities, who in (4) Any public school official, employee or teacher who inten-
good faith discloses or fails to disclose information under sub. (1) tionally engages in conduct which discriminates against a person
is immune from civil liability for such acts or omissions. This sub- or causes a person to be denied rights, benefits or privileges, in
section does not apply to information required to be reported violation of sub. (1), may be required to forfeit not more than
under s. 48.981 or 175.32. $1,000.
History: 1985 a. 29; 1987 a. 332; 1991 a. 131; 1995 a. 27 s. 9145 (1); 1997 a. 27;
History: 1979 c. 331; 1985 a. 163; 1987 a. 188, 339; 2017 a. 143. 2005 a. 346; 2007 a. 97.
Cross−reference: See also ch. PI 9, Wis. adm. code.
118.127 Law enforcement agency information. A When a school board pursued purposefully segregative practices with current, sys-
school district, private school, or tribal school may disclose infor- temwide impact, systemwide remedy was appropriate. Columbus Board of Educa-
tion v. Penick, 443 U.S. 449 (1979).
mation from law enforcement officers’ records obtained under s. For a school system that was a dual system when Brown I was decided in 1954, the
938.396 (1) (c) 3. only to persons employed by the school district measure of the school board’s post−Brown I conduct under its unsatisfied duty to liq-
who are required by the department under s. 115.28 (7) to hold a uidate the dual system was the effectiveness, not the purpose, of its actions to desegre-
gate the system. Dayton Board of Education v. Brinkman, 443 U.S. 526 (1979).
license, to persons employed by the private school or tribal school It is impermissible for a school district to rely upon an individual student’s race in
as teachers, and to other school district, private school, or tribal assigning that student to a particular school so that the racial balance at the school falls
within a predetermined range based on the racial composition of the school district
school officials who have been determined by the school board or as a whole. Parents Involved in Community Schools v. Seattle School District No.
governing body of the private school or tribal school to have legiti- 1, 551 U.S. 701, 127 S. Ct. 2738, 168 L. Ed. 2d 508 (2007).
mate educational interests, including safety interests, in that infor-
mation. In addition, if that information relates to a pupil of the 118.133 Participation in interscholastic athletics and
school district, private school, or tribal school, the school district, extracurricular activities. (1) INTERSCHOLASTIC ATHLETICS.
private school, or tribal school may also disclose that information (a) A school board shall permit a pupil who resides in the school
to those employees of the school district, private school, or tribal district and is enrolled in a home−based private educational pro-
school who have been designated by the school board or govern- gram to participate in interscholastic athletics in the school district
ing body of the private school or tribal school to receive that infor- on the same basis and to the same extent that it permits pupils
mation for the purpose of providing treatment programs for pupils enrolled in the school district to participate.
enrolled in the school district, private school, or tribal school. A (b) Upon request, the home−based educational program in
school district may not use law enforcement officers’ records which the pupil is enrolled shall provide the school board with a
obtained under s. 938.396 (1) (c) 3. as the sole basis for expelling written statement that the pupil meets the school board’s require-
or suspending a pupil or as the sole basis for taking any other disci- ments for participation in interscholastic athletics based on age
plinary action against a pupil, but may use law enforcement offi- and academic and disciplinary records. No person may provide
cers’ records obtained under s. 938.396 (1) (c) 3. as the sole basis a false statement under this paragraph. The school board may not
question the accuracy or validity of the statement or request addi- the use of the race−based nickname, logo, mascot, or team name
tional information. promotes discrimination, pupil harassment, or stereotyping, the
(2) EXTRACURRICULAR ACTIVITIES. A school board shall per- division of hearings and appeals shall order the school board to
mit a pupil who resides in the school district and is enrolled in a terminate its use of the race−based nickname, logo, mascot, or
home−based private educational program to participate in extra- team name within 12 months after issuance of the order.
curricular activities in the school district on the same basis and to (b) 1. In this paragraph, “extenuating circumstances” includes
the same extent that it permits pupils enrolled in the school district circumstances in which the costs of compliance with an order
to participate. issued under par. (a) pose an undue financial burden on the school
(3) PARTICIPATION FEES. A school board may charge a pupil district and circumstances in which the work or the requirements
who participates in interscholastic athletics or extracurricular for bidding a contract to complete the work required to bring the
activities as permitted under this section participation fees, school district into compliance with the order issued under par. (a)
including fees for uniforms, equipment, and musical instruments, cannot be completed within 12 months after the issuance of the
on the same basis and to the same extent that it charges these fees order.
to a pupil who is enrolled in the school district. 2. a. If, at the hearing under sub. (2) or after a decision and
History: 2015 a. 55. order have been issued under par. (a), the school board presents
evidence to the division of hearings and appeals that extenuating
118.134 Race−based nicknames, logos, mascots, and circumstances render full compliance with the decision and order
team names. (1) Notwithstanding s. 118.13 and except as pro- within 12 months after the issuance of that decision and order
vided in sub. (3m), a school district resident may object to the use impossible or impracticable, the division of hearings and appeals
of a race−based nickname, logo, mascot, or team name by the may issue an order to extend the time within which the school
school board of that school district by filing a complaint contain- board must terminate its use of the race−based nickname, logo,
ing a number of signatures of school district electors equal to at mascot, or team name. Except as provided in subd. 2. b., the
least 10 percent of the school district’s membership, as defined in extension may not exceed 24 months and shall apply only to those
s. 121.004 (5), with the state superintendent. A signature on a portions of the decision and order to which extenuating circum-
complaint is valid only if the signature is obtained within the stances apply.
120−day period before the complaint is filed with the state super- b. The division of hearings and appeals may extend the time
intendent. The state superintendent shall do all of the following: granted to a school board under subd. 2. a. if the school board pres-
(a) Notify the school board of the receipt of the complaint and ents evidence to the division of hearings and appeals that com-
direct the school board to submit, if applicable, any of the informa- pliance with a portion of the decision and order issued under par.
tion under sub. (1m) (a). (a) may be accomplished through a regularly scheduled mainte-
(b) Except as provided in sub. (1m), refer the complaint to the nance program and that the cost of compliance with that portion
division of hearings and appeals for a contested case hearing. The of the decision and order exceeds $5,000. The extension granted
division of hearings and appeals shall schedule a hearing on the under this subd. 2. b. may not exceed 96 months and applies only
referred complaint with reasonable promptness. to that portion of the decision and order with which compliance
(1m) (a) The state superintendent may determine that no con- will be accomplished through the regularly scheduled mainte-
tested case hearing is necessary if, no later than 10 days after being nance program and that costs more than $5,000.
notified of the receipt of the complaint, the school board submits (c) Decisions under this subsection are subject to judicial
evidence to the state superintendent that demonstrates all of the review under ch. 227. The venue for a proceeding to review a
following: decision under this section is the circuit court in any county in
2. A federally recognized American Indian tribe that has his- which territory of the school district is located.
torical ties to this state has entered into an agreement with the (d) No school district is required to comply with a decision and
school board under which the tribe grants approval to the school order issued under this subsection before December 21, 2013, to
board to refer to, depict, or portray the tribe or American Indians, terminate the use of a race−based nickname, logo, mascot, or team
in general, in a specific nickname, logo, or mascot or to use the name.
name of the tribe or American Indians, in general, as a team name (3m) A pupil attending a public school in a nonresident school
in the specific manner used by the school board. district under s. 118.50 or 118.51 may not file a complaint under
3. The use of the nickname, logo, mascot, or team name that sub. (1) in which the pupil objects to the use of a race−based nick-
has been approved by a tribe under subd. 2. is the use to which the name, logo, mascot, or team name by the school board of the non-
school district resident objects in the complaint filed under sub. resident school district.
(1). (3r) A school district may not be a member of an interscholas-
(b) If the state superintendent determines that a contested case tic athletic association that prohibits the use of a nickname, logo,
hearing is not necessary, the state superintendent shall notify the mascot, or team name on the basis that the nickname, logo, mas-
school district resident who filed the complaint under sub. (1) and cot, or team name is race−based unless the use of the nickname,
the school board of his or her decision in writing. A decision under logo, mascot, or team name violates a decision and order issued
this paragraph is subject to judicial review under ch. 227. under sub. (3) on or after December 21, 2013.
(2) At the hearing, the school district resident who filed the (4) (a) Except as provided in par. (b), the state superintendent
complaint under sub. (1) has the burden of proving by clear and shall promulgate rules necessary to implement and administer this
convincing evidence that the use of the race−based nickname, section.
logo, mascot, or team name promotes discrimination, pupil (b) The state superintendent may not promulgate a rule that
harassment, or stereotyping, as defined by the state superinten- creates a presumption that a nickname, logo, mascot, or team
dent by rule. name is race−based or promotes discrimination, pupil harassment,
(3) (a) The division of hearings and appeals shall issue a deci- or stereotyping.
sion and order within 45 days after the hearing. If the division of (5) Any school board that uses a race−based nickname, logo,
hearings and appeals finds that the use of the race−based nick- mascot, or team name in violation of sub. (3) shall forfeit not less
name, logo, mascot, or team name does not promote discrimina- than $100 nor more than $1,000. Each day of use of the race−
tion, pupil harassment, or stereotyping, the division of hearings based nickname, logo, mascot, or team name in violation of sub.
and appeals shall dismiss the complaint. Except as provided in (3) constitutes a separate violation. The state superintendent may
pars. (b) and (d), if the division of hearings and appeals finds that not assess or collect a forfeiture under this subsection for a use that
violates a decision and order issued under sub. (3) before Decem- (4) The school board of a school district operating high school
ber 21, 2013. grades shall allow a pupil enrolled in a private school or a pupil
History: 2009 a. 250; 2011 a. 32; 2013 a. 115; 2013 a. 151 s. 28; 2015 a. 55; 2015 enrolled in a tribal school, who has met the standards for admis-
a. 197 s. 51.
sion to high school under sub. (1), to take up to 2 courses during
each school semester if the pupil resides in the school district in
118.135 Eye examinations and evaluations. (1) Begin- which the public school is located and if the school board deter-
ning in the 2002−03 school year, each school board and each char- mines that there is sufficient space in the classroom.
History: 1975 c. 39, 199; 1995 a. 27 s. 9145 (1); 1997 a. 27, 240; 2009 a. 302; 2013
ter school shall request each pupil entering kindergarten to pro- a. 20.
vide evidence that the pupil has had his or her eyes examined by
an optometrist licensed under ch. 449 or evaluated by a physician 118.15 Compulsory school attendance. (1) (a) Except
licensed under ch. 448. as provided under pars. (b) to (d) and (g) and sub. (4), unless the
(2) A pupil who complies with a request under sub. (1) shall child is excused under sub. (3) or has graduated from high school,
provide evidence of an eye examination or evaluation by Decem- any person having under control a child who is between the ages
ber 31 following the pupil’s enrollment in kindergarten. of 6 and 18 years shall cause the child to attend school regularly
(3) To the extent feasible, the medical examining board and during the full period and hours, religious holidays excepted, that
the optometry examining board shall encourage physicians and the public, private, or tribal school in which the child should be
optometrists, for the purpose of this section, to conduct free eye enrolled is in session until the end of the school term, quarter or
examinations or evaluations of pupils who are in financial need semester of the school year in which the child becomes 18 years
and do not have insurance coverage for eye examinations or eval- of age.
uations. (am) Except as provided under par. (d), unless the child is
History: 2001 a. 16; 2011 a. 32; 2017 a. 329. excused under sub. (3), any person having under his or her control
a child who is enrolled in 5−year−old kindergarten shall cause the
118.14 Age of pupils; phase in of 4−year−old kinder- child to attend school regularly, religious holidays excepted, dur-
garten. (1) Except as provided in s. 120.12 (25): ing the full period and hours that kindergarten is in session at the
(a) No child may be admitted to a 4−year−old kindergarten public or private school in which the child is enrolled until the end
unless he or she is 4 years old on or before September 1 in the year of the school term.
that he or she proposes to enter school. (b) Upon the child’s request of the school board and with the
(b) No child may be admitted to a 5−year−old kindergarten written approval of the child’s parent or guardian, any child who
unless he or she is 5 years old on or before September 1 in the year is 16 years of age or over and a child at risk, as defined in s.
he or she proposes to enter school. 118.153 (1) (a), may attend, in lieu of high school or on a part−time
(c) No child may be admitted to the 1st grade unless he or she basis, a technical college if the child and his or her parent or guard-
is 6 years old, on or before September 1 in the year he or she pro- ian agree, in writing, that the child will participate in a program
poses to enter school. leading to the child’s high school graduation. The district board
(2) A resident over 20 years of age may be admitted to school of the technical college district in which the child resides shall
when in the judgment of the school board the resident will not admit the child. Every technical college district board shall offer
interfere with the pupils of school age. day class programs satisfactory to meet the requirements of this
(3) (a) Except a provided in par. (b), if a school board estab- paragraph and s. 118.33 (3m) as a condition to the receipt of any
lishes a 4−year−old kindergarten program, the program shall be state aid.
available to all pupils eligible for the program under sub. (1) (a) (c) 1. Upon the child’s request and with the written approval
or s. 120.12 (25). of the child’s parent or guardian, any child who is 16 years of age
(b) A school board that was operating a 4−year−old kindergar- may be excused by the school board from regular school attend-
ten program in the 2007−08 school year that did not comply with ance if the child and his or her parent or guardian agree, in writing,
par. (a) shall make a 4−year−old kindergarten program available that the child will participate in a program or curriculum modifica-
to all pupils eligible for the program under sub. (1) (a) or s. 120.12 tion under par. (d) leading to the child’s high school graduation.
(25) by the beginning of the 2013−14 school year. 2. Upon the child’s request and with the written approval of
History: 1977 c. 418, 429; 1983 a. 36; 1985 a. 29; 1997 a. 240; 2007 a. 226. the child’s parent or guardian, any child who is 17 years of age or
over may be excused by the school board from regular school
118.145 Admission to high school. (1) The school board attendance if the child and his or her parent or guardian agree, in
of a district operating high school grades shall determine the mini- writing, that the child will participate in a program or curriculum
mum standards for admission to high school. modification under par. (d) leading to the child’s high school grad-
(2) A certificate or diploma or other written evidence issued uation or leading to a high school equivalency diploma under s.
by a school board showing that the pupil has completed the course 115.29 (4).
of study in the elementary grades of the school district in which 3. Prior to a child’s admission to a program leading to the
the pupil resides shall entitle the pupil to admission to high school. child’s high school graduation or a high school equivalency pro-
Such certificate or diploma or a certified copy thereof or a certified gram under par. (b) or subd. 1. or 2., the child, his or her parent or
copy of a list of graduates shall be filed with the school district guardian, the school board and a representative of the high school
clerk of the school district operating the high school. equivalency program or program leading to the child’s high
(3) If the superintendent of a private school or of a tribal school graduation shall enter into a written agreement. The writ-
school files with the department the course of study for elemen- ten agreement shall state the services to be provided, the time
tary grades prescribed by such school and if such course of study period needed to complete the high school equivalency program
is substantially equivalent to the course of study prepared for ele- or program leading to the child’s high school graduation and how
mentary grades by the department, a certificate or diploma or the performance of the pupil will be monitored. The agreement
other written evidence issued by the superintendent of the private shall be monitored by the school board on a regular basis, but in
school or tribal school showing that the pupil has completed such no case shall the agreement be monitored less frequently than
course of study shall entitle the pupil to admission to a public high once per semester. If the school board determines that a child is
school. The certificate or diploma or a certified copy thereof or not complying with the agreement, the school board shall notify
a certified copy of a list of graduates shall be filed with the school the child, his or her parent or guardian and the high school equiva-
district clerk of the school district operating the high school. lency program or program leading to the child’s high school grad-
uation that the agreement may be modified or suspended in 30 a child under this subdivision may be pursuant to a contractual
days. agreement between school districts.
(cm) 1. Upon the child’s request and with the approval of the (dm) The school board shall render its decision, in writing,
child’s parent or guardian, any child who is 17 years of age or over within 90 days of a request under par. (d), except that if the request
shall be excused by the school board from regular school attend- relates to a child who has been evaluated by an individualized edu-
ance if the child began a program leading to a high school equiva- cation program team under s. 115.782 and has not been recom-
lency diploma in a juvenile correctional facility, as defined in s. mended for special education, the school board shall render its
938.02 (10p), a secured residential care center for children and decision within 30 days of the request. If the school board denies
youth, as defined in s. 938.02 (15g), a juvenile detention facility, the request, the school board shall give its reasons for the denial.
as defined in s. 938.02 (10r), or a juvenile portion of a county jail, (e) Any decision made by a school board or a designee of the
and the child and his or her parent or guardian agree under subd. school board in response to a request for program or curriculum
2. that the child will continue to participate in such a program. For modifications under par. (d) shall be reviewed by the school board
purposes of this subdivision, a child is considered to have begun upon request of the child’s parent or guardian. The school board
a program leading to a high school equivalency diploma if the shall render its determination upon review in writing, if the child’s
child has received a passing score on a minimum of one of the 5 parent or guardian so requests.
content area tests given under the general educational develop-
(f) At the beginning of each school term, the school board shall
ment test or has demonstrated under a course of study meeting the
notify the pupils enrolled in the school district and their parents or
standards established under s. 115.29 (4) for the granting of a dec-
guardians of the substance of pars. (d), (dm) and (e).
laration of equivalency to high school graduation a level of profi-
ciency in a minimum of one of the 5 content areas specified in s. (g) Paragraph (a) does not apply to a person having under con-
118.33 (1) (a) 1. that is equivalent to the level of proficiency that trol a child who is enrolled in a virtual charter school.
he or she would have attained if he or she had satisfied the require- (2) (a) If the determination is made under sub. (1) (b) for a
ments under s. 118.33 (1) (a) 1. child to attend a technical college, the district board governing the
2. Prior to the admission of a child under subd. 1. to a program technical college shall establish appropriate vocational and tech-
leading to a high school equivalency diploma, the child, his or her nical courses in accordance with s. 118.33 (3m) and the school
parent or guardian, the school board and a representative of the board shall pay the technical college district board an amount cal-
agency providing the program shall enter into a written agree- culated as follows:
ment. The agreement shall specify that the child is excused from 1. Divide the number of credit hours of instruction scheduled
regular school attendance while he or she is enrolled in the pro- by the technical college district for the pupil by 30.
gram and making progress toward completion of the program, or 2. Multiply the quotient under subd. 1. by the statewide aver-
successfully completes the program. If the agency providing the age instructional cost for general education programs in the tech-
program determines that the child is not making progress toward nical college system in the previous school year, as determined by
completion of the program, the agency shall notify the child and the technical college system board.
his or her parent or guardian that the agreement may be suspended 3. Multiply the quotient under subd. 1. by any additional costs
within 30 days. If the agency suspends the agreement, the agency associated with direct student support services, as determined
shall notify the child, his or her parent or guardian and the school jointly by the state superintendent and the state director of the
board. technical college system.
3. If the program that the child wishes to attend is provided 4. Add the product under subd. 2. to the product under subd.
by a technical college district, the technical college district board 3.
shall admit the child.
(c) Pupils attending a technical college under this subsection
4. A child attending a program under this paragraph shall not may receive general education subjects at the technical college.
be included in membership, as defined in s. 121.004 (5). Payments by the school district under par. (a) shall be deemed
5. The state superintendent shall grant a high school equiva- costs of operation and maintenance.
lency diploma to a child under this paragraph who completes the
(d) Transportation, or board and lodging under s. 121.57 (1)
general educational development test with a passing score, as
(a), for pupils attending a technical college under this subsection
determined by the state superintendent, and completes the addi-
shall be provided by the school district, and state aids shall be paid
tional requirements determined by the state superintendent under
therefor, on the same basis as is transportation for pupils attending
s. 115.29 (4).
high school.
(d) Any child’s parent or guardian, or the child if the parent or
guardian is notified, may request the school board, in writing, to (3) This section does not apply to:
provide the child with program or curriculum modifications, (a) Any child who is excused by the school board because the
including but not limited to: child is temporarily not in proper physical or mental condition to
1. Modifications within the child’s current academic pro- attend a school program but who can be expected to return to a
gram. school program upon termination or abatement of the illness or
condition. The school attendance officer may request the parent
2. A school work training or work study program. or guardian of the child to obtain a written statement from a
3. Enrollment in any alternative public school or program licensed physician, dentist, chiropractor, optometrist, psycholo-
located in the school district in which the child resides. gist, physician assistant, or nurse practitioner, as defined in s.
4. Enrollment in any nonsectarian private school or program, 255.06 (1) (d), or certified advanced practice nurse prescriber or
or tribal school, located in the school district in which the child Christian Science practitioner living and residing in this state, who
resides, which complies with the requirements of 42 USC 2000d. is listed in the Christian Science Journal, as sufficient proof of the
Enrollment of a child under this subdivision shall be pursuant to physical or mental condition of the child. An excuse under this
a contractual agreement under s. 121.78 (5) that provides for the paragraph shall be in writing and shall state the time period for
payment of the child’s tuition by the school district. which it is valid, not to exceed 30 days.
5. Homebound study, including nonsectarian correspondence (b) Any child excused by the school board in accordance with
courses or other courses of study approved by the school board or the school board’s written attendance policy under s. 118.16 (4)
nonsectarian tutoring provided by the school in which the child is and with the written approval of the child’s parent or guardian.
enrolled. The child’s truancy, discipline or school achievement problems or
6. Enrollment in any public educational program located out- disabilities as described in s. 115.76 (5) may not be used as the rea-
side the school district in which the child resides. Enrollment of son for an excuse under this paragraph. The excuse shall be in
writing and shall state the time period for which it is effective, not This section permits VTAE [now technical college] instructors to teach a limited
number of courses to public school students, under certain circumstances, without
to extend beyond the end of the current school year. Department of Public Instruction certification. Green Bay Education Ass’n v. DPI,
(c) Any child excused in writing by his or her parent or guard- 154 Wis. 2d 655, 453 N.W.2d 915 (Ct. App. 1990).
ian before the absence. The school board shall require a child This section is not unconstitutionally vague. State v. White, 180 Wis. 2d 203, 509
N.W.2d 434 (Ct. App. 1993).
excused under this paragraph to complete any course work missed A dispositional order, based solely upon habitual truancy, cannot endure beyond
during the absence. A child may not be excused for more than 10 the school term during which the juvenile reaches 18 years of age. State v. Jeremiah
days in a school year under this paragraph. C., 2003 WI App 40, 260 Wis. 2d 359, 659 N.W.2d 193, 02−1740.
The trial court erred in ruling that this section requires a conviction under sub. (5)
(d) Any child excused in writing by his or her parent or guard- (a) before sub. (5) (b) is triggered. The disobedience exception in sub. (5) (b) 2. was
ian and by the principal of the school that the child attends for the an affirmative defense to the charge here and should have been presented to the fact−
purpose of serving as an election official under s. 7.30 (2) (am). finder during the trial for resolution. State v. McGee, 2005 WI App 97, 281 Wis. 2d
756, 698 N.W.2d 850, 04−1005.
A principal may not excuse a child under this paragraph unless the The Amish and compulsory school attendance. 1971 WLR 832.
child has at least a 3.0 grade point average or the equivalent. The
principal shall allow the child to take examinations and complete 118.153 Children at risk of not graduating from high
course work missed during the child’s absences under this para- school. (1) In this section:
graph. The principal shall promptly notify the municipal clerk or
(a) “Children at risk” means pupils in grades 5 to 12 who are
the board of election commissioners of the municipality that
at risk of not graduating from high school because they are drop-
appointed the child as an election official if the child ceases to be
outs or are 2 or more of the following:
enrolled in school or if the child no longer has at least a 3.0 grade
point average or the equivalent. 1m. One or more years behind their age group in the number
of high school credits attained.
(4) Instruction in a home−based private educational program
that meets all of the criteria under s. 118.165 (1) may be substi- 2. Two or more years behind their age group in basic skill lev-
tuted for attendance at a public or private school. els.
(4m) No school board, board of control of a cooperative edu- 2m. Habitual truants, as defined in s. 118.16 (1) (a).
cational service agency or county children with disabilities educa- 3. Parents.
tion board, or person employed by a school board, cooperative 4. Adjudicated delinquents.
educational service agency or county children with disabilities 5. Eighth grade pupils whose score in each subject area on the
education board, may in any manner compel a pregnant girl to examination administered under s. 118.30 (1m) (am) 1. or 118.301
withdraw from her educational program. (3) was below the basic level, 8th grade pupils who failed the
(5) (a) 1. Except as provided under par. (b) or if a person has examination administered under s. 118.30 (1m) (am) 2. or 118.301
been found guilty of a misdemeanor under s. 948.45, whoever vio- (3), and 8th grade pupils who failed to be promoted to the 9th
lates this section may be penalized as follows, if evidence has been grade.
provided by the school attendance officer that the activities under (b) “Dropout” means a child who ceased to attend school, does
s. 118.16 (5) have been completed or were not required to be com- not attend a public, private, or tribal school, technical college, or
pleted as provided in s. 118.16 (5m): home−based private educational program on a full−time basis, has
a. For the first offense, by a fine of not more than $500 or not graduated from high school, and does not have an acceptable
imprisonment for not more than 30 days or both. excuse under s. 118.15 (1) (b) to (d) or (3).
b. For a 2nd or subsequent offense, by a fine of not more than (2) (a) Every school board shall identify the children at risk
$1,000 or imprisonment for not more than 90 days or both. who are enrolled in the school district and annually by August 15
2. The court may require a person who is subject to subd. 1. develop a plan describing how the school board will meet their
to perform community service work for a public agency or a non- needs.
profit charitable organization in lieu of the penalties specified (b) If in the previous school year a school district had 30 or
under subd. 1. Any organization or agency to which a defendant more dropouts or a dropout rate exceeding 5 percent of its total
is assigned pursuant to an order under this subdivision acting in high school enrollment, the school board may apply to the state
good faith has immunity from any civil liability in excess of superintendent for aid under this section.
$25,000 for any act or omission by or impacting on the defendant.
(3) (a) 1. Every school board that applies for aid under sub.
(am) The court may order any person who violates this section (2) (b) shall make available to the children at risk enrolled in the
to participate in counseling at the person’s own expense or to school district a program for children at risk.
attend school with his or her child, or both.
2. Upon request of a pupil who is a child at risk or the pupil’s
(b) 1. Paragraph (a) does not apply to a person who has under parent or guardian, a school board described under subd. 1. shall
his or her control a child who has been sanctioned under s. 49.26 enroll the pupil in the program for children at risk. If the school
(1) (h). board makes available more than one program for children at risk,
2. In a prosecution under par. (a), if the defendant proves that the school board shall enroll the pupil in the program selected by
he or she is unable to comply with the law because of the disobedi- the pupil’s parent or guardian if the pupil meets the prerequisites
ence of the child, the action shall be dismissed and the child shall for that program. If there is no space in that program for the pupil,
be referred to the court assigned to exercise jurisdiction under chs. the school board of the school district operating under ch. 119
48 and 938. shall place the pupil’s name on a waiting list for that program and
History: 1971 c. 40, 125, 154; 1973 c. 89, 243, 319, 332; 1975 c. 39, 199; 1979
c. 221, 298, 300, 355; 1981 c. 20; 1983 a. 512; 1985 a. 29; 1987 a. 36, 285, 399; 1989 offer the pupil another program for children at risk until space in
a. 31, 336; 1991 a. 39; 1993 a. 223, 399; 1995 a. 27 s. 3945, 9145 (1); 1995 a. 77, 225; the requested program becomes available.
1997 a. 27, 164, 205, 239; 2001 a. 109; 2005 a. 344; 2007 a. 222; 2009 a. 41, 302;
2011 a. 161. (b) A program for children at risk shall be designed to allow
Cross−reference: See also ch. TCS 9, Wis. adm. code. the pupils enrolled to meet high school graduation requirements
Compelling Amish parents to send their children to high school infringed upon under s. 118.33. The school board of the school district operating
their religious liberties. State v. Yoder, 49 Wis. 2d 430, 182 N.W.2d 539 (1971). under ch. 119 shall ensure that there are at least 30 pupils and no
Affirmed. 406 U.S. 205 (1972).
Compulsory school attendance laws are not safety statutes. Riemer v. Crayton, 57
more than 250 pupils in each program and that a separate adminis-
Wis. 2d 755 (1973). trator or teacher is in charge of each program.
Under the facts of this case, parents’ refusal, on claimed religious grounds, to send (c) 1. Each school board shall identify appropriate private,
children to school was a personal, philosophical choice by parents, rather than a pro-
tected religious expression. State v. Kasuboski, 87 Wis. 2d 407, 275 N.W.2d 101 (Ct. nonprofit, nonsectarian agencies located in the school district or
App. 1978). within 5 miles of the boundaries of the school district to meet the
requirements under pars. (a) and (b) for the children at risk 118.155 Released time for religious instruction.
enrolled in the school district. (1) Any school board shall, without approval of the state superin-
2. The school board may contract with the agencies identified tendent, permit pupils with written permission of a parent or
under subd. 1. for the children at risk enrolled in the school district guardian to be absent from school at least 60 minutes but not more
if the school board determines that the agencies can adequately than 180 minutes per week to obtain religious instruction outside
serve such children. the school during the required school period. The supervisor of
3. The school board shall pay each contracting agency, for such religious instruction shall report monthly, to the principal of
each full−time equivalent pupil served by the agency, an amount the school regularly attended, the names of the pupils who
equal to at least 80 percent of the average per pupil cost for the attended such weekly religious instruction. The school board may
school district. deny the privilege of released time to pupils who absent them-
selves from such religious instruction after requesting the privi-
(4) (a) Annually in August, a school board that applied for aid lege. The time period, or periods, allotted for the pupil to be absent
under this section in the previous school year shall submit a report from school for the purpose of religious instruction shall be deter-
to the state superintendent. The report shall include only informa- mined by the school board.
tion about the pupils enrolled in a program for children at risk in
the previous school year that is necessary for the state superinten- (2) Any transportation to religious instruction or from reli-
dent to determine the number of pupils who achieved each of the gious instruction to the public school shall be the responsibility of
objectives under par. (c). the parents or of the organization sponsoring the religious instruc-
tion.
(b) Upon receipt of a school board’s annual report under par.
(a) the state superintendent shall pay to the school district from the (3) The school district shall be released from all liability for a
appropriation under s. 20.255 (2) (bc), for each pupil enrolled in pupil who is absent from school in accordance with sub. (1).
History: 1973 c. 161; 1995 a. 27 s. 9145 (1); 1997 a. 27.
a program for children at risk who achieved at least 3 of the objec- The constitutionality of this section is upheld. Holt v. Thompson, 66 Wis. 2d 659,
tives under par. (c) in the previous school year, additional state aid 225 N.W.2d 678 (1975).
in an amount equal to 10 percent of the school district’s average
per pupil aids provided under s. 20.835 (7) (a), 1991 stats., and s. 118.16 School attendance enforcement. (1) In this sec-
20.255 (2) (ac) in the previous school year. tion:
(c) 1. The pupil’s attendance rate was at least 70 percent. (a) “Habitual truant” means a pupil who is absent from school
2. The pupil remained in school. without an acceptable excuse under sub. (4) and s. 118.15 for part
3. The pupil, if a high school senior, received a high school or all of 5 or more days on which school is held during a school
diploma. semester.
4. The pupil earned at least 4.5 academic credits or a prorated (b) “School attendance officer” means an employee desig-
number of credits if the pupil was enrolled in the program for less nated by the school board to deal with matters relating to school
than the entire school year. attendance and truancy. “School attendance officer” does not
include an individual designated under sub. (2m) (a) to take into
5. The pupil has demonstrated, on standardized tests or other custody a child who is absent from school without an acceptable
appropriate measures, a gain in reading and mathematics com- excuse under s. 118.15 unless that individual has also been desig-
mensurate with the duration of his or her enrollment in the pro- nated by the school board to deal with matters relating to school
gram. attendance and truancy.
(e) If the appropriation under s. 20.255 (2) (bc) in any fiscal (c) “Truancy” means any absence of part or all of one or more
year is insufficient to pay the full amount of aid under par. (b), state days from school during which the school attendance officer, prin-
aid payments shall be prorated among the school districts entitled cipal or teacher has not been notified of the legal cause of such
to such aid. absence by the parent or guardian of the absent pupil, and also
(5) (a) In this subsection: means intermittent attendance carried on for the purpose of
1. “Alternative school” means a public school that has at least defeating the intent of s. 118.15.
30 pupils and no more than 250 pupils, has a separate administra- (1m) The period during which a pupil is absent from school
tor or teacher in charge of the school and offers a nontraditional due to a suspension or expulsion under s. 120.13 or 119.25 is nei-
curriculum. ther an absence without an acceptable excuse for the purposes of
2. “School within a school” means a school that has at least sub. (1) (a) nor an absence without legal cause for the purposes of
30 pupils and no more than 250 pupils, has a separate administra- sub. (1) (c).
tor or teacher in charge of the school and is housed in a space spe- (2) The school attendance officer:
cifically dedicated to it in a public school. (a) Shall determine daily which pupils enrolled in the school
(b) Subject to sub. (3) (c) 3., a school board receiving funds district are absent from school and whether that absence is
under this section shall provide a specific sum to each program for excused under s. 118.15.
children at risk in which pupils enrolled in the school district are (c) Except as provided under pars. (cg) and (cr), shall notify
enrolled based on the ability of the program to meet the objectives the parent or guardian of a child who has been truant of the child’s
under sub. (4) (c). truancy and direct the parent or guardian to return the child to
(c) A school board receiving funds under this section shall give school no later than the next day on which school is in session or
preference in allocating those funds to programs for children at to provide an excuse under s. 118.15. The notice under this para-
risk provided by alternative schools, charter schools, schools graph shall be given before the end of the 2nd school day after
within schools and agencies identified under sub. (3) (c) 1. receiving a report of an unexcused absence. The notice may be
(7) The state superintendent shall promulgate rules to imple- made by electronic communication, personal contact, 1st class
ment and administer this section. The rules shall not be overly mail, or telephone call of which a written record is kept. The
restrictive in defining approved programs and shall not serve to school attendance officer shall attempt to give notice by personal
exclude programs that have demonstrated success in meeting the contact, telephone call, or, unless the parent or guardian has
needs of children at risk. refused to receive electronic communication, electronic commu-
History: 1985 a. 29, 332; 1987 a. 27; 1989 a. 31, 336; 1991 a. 39, 196; 1993 a. nication before notice by 1st class mail may be given.
16, 341, 399, 491; 1995 a. 27 s. 9145 (1); 1997 a. 27, 113; 1999 a. 9, 123; 2003 a. 33;
2005 a. 25; 2009 a. 302; 2011 a. 32; 2013 a. 8; 2015 a. 55. (cg) Shall notify the parent or guardian of a child who is a
Cross−reference: See also ch. PI 25, Wis. adm. code. habitual truant, by registered or certified mail or by 1st class mail,
when the child initially becomes a habitual truant. The school 5. A school attendance officer, but only if the school attend-
attendance officer may simultaneously notify the parent or guard- ance officer meets the criteria specified in subds. 1., 2. or 3.
ian of the habitually truant child by an electronic communication. (b) A designation under par. (a) shall be in writing and shall
The notice shall include all of the following: specifically identify the child whom the individual is authorized
1. A statement of the parent’s or guardian’s responsibility, to take into custody.
under s. 118.15 (1) (a) and (am), to cause the child to attend school (c) A school district administrator may not designate an indi-
regularly. vidual under par. (a) unless the individual agrees to the designa-
2. A statement that the parent, guardian or child may request tion in writing.
program or curriculum modifications for the child under s. 118.15 (d) A school district administrator who makes a designation
(1) (d) and that the child may be eligible for enrollment in a pro- under par. (a) shall provide each individual so designated with an
gram for children at risk under s. 118.153 (3). identification card of a form determined by the school board. The
3. A request that the parent or guardian meet with appropriate designee shall carry the identification card on his or her person at
school personnel to discuss the child’s truancy. The notice shall all times while the designee is on official duty under s. 938.19
include the name of the school personnel with whom the parent or (1m) and shall exhibit the identification card to any person to
guardian should meet, a date, time and place for the meeting and whom the designee represents himself or herself as a person
the name, address and telephone number of a person to contact to authorized to take a child into custody under s. 938.19 (1m).
arrange a different date, time or place. The date for the meeting (e) A school district administrator who makes a designation
shall be within 5 school days after the date that the notice is sent, under par. (a) or the individual designated under par. (a) shall
except that with the consent of the child’s parent or guardian the immediately attempt to notify, by personal contact or telephone
date for the meeting may be extended for an additional 5 school call, the child’s parent, guardian and legal custodian that the desig-
days. nation has been made and that the child may be taken into custody
4. A statement of the penalties, under s. 118.15 (5), that may under s. 938.19 (1m). The school district administrator, or the
be imposed on the parent or guardian if he or she fails to cause the designee, is not required to notify a parent, guardian or legal custo-
child to attend school regularly as required under s. 118.15 (1) (a) dian under this paragraph if the parent, guardian or legal custodian
and (am). is the person who requested that the child be taken into custody
(cr) After the notice required under par. (cg) has been given, under s. 938.19 (1m).
shall notify the parent or guardian of a habitual truant of the habit- (3) All private schools shall keep a record containing the
ual truant’s unexcused absences as provided in the plan under s. information required under ss. 115.30 (2) and 120.18. The record
118.162 (4) (a). After the notice required under par. (cg) has been shall be open to the inspection of school attendance officers at all
given, par. (c) does not apply. reasonable times. When called upon by any school attendance
(d) May visit any place of employment in the school district officer, the school shall furnish, on forms supplied by the school
to ascertain whether any minors are employed there contrary to attendance officer, the information required under ss. 115.30 (2)
law. The officer shall require that school certificates and lists of and 120.18 in regard to any child between the ages of 6 and 18 who
minors who are employed there be produced for inspection, and is a resident of the school district or who claims or is claimed to
shall report all cases of illegal employment to the proper school be in attendance at the school.
authorities and to the department of workforce development. (4) (a) The school board shall establish a written attendance
(e) Except as provided in par. (f), shall have access to informa- policy specifying the reasons for which pupils may be permitted
tion regarding the attendance of any child between the ages of 6 to be absent from a public school under s. 118.15 and shall require
and 18 who is a resident of the school district or who claims or is the teachers employed in the school district to submit to the school
claimed to be in attendance at a private school located in the attendance officer daily attendance reports on all pupils under
school district. their charge.
(f) Shall request information regarding the attendance of any (b) No public school may deny a pupil credit in a course or sub-
child between the ages of 6 and 18 who is a resident of the school ject solely because of the pupil’s unexcused absences or suspen-
district and who claims or is claimed to be in attendance at a tribal sions from school. The attendance policy under par. (a) shall spec-
school, or who is not a resident of the school district and who ify the conditions under which a pupil may be permitted to take
claims or is claimed to be in attendance at a tribal school located examinations missed during absences, other than suspensions,
in the school district. and the conditions under which a pupil shall be permitted to take
(2m) (a) A school district administrator may designate any of any quarterly, semester or grading period examinations and com-
the following individuals to take a child who resides in the school plete any course work missed during a period of suspension.
district and who is absent from school without an acceptable (c) The school board may establish policies which provide that
excuse under s. 118.15 into custody under s. 938.19 (1m): as a consequence of a pupil’s truancy the pupil may be assigned
1. An employee of the school district who is directly involved to detention or to a supervised, directed study program. The pro-
in the provision of educational programs to the truant child. gram need not be held during the regular school day. The policies
2. An employee of the school district who is directly involved under this paragraph shall specify the conditions under which
in the provision of a modified program or curriculum under s. credit may be given for work completed during the period of
118.15 (1) (d), a program for children at risk under s. 118.153 or detention or assignment to a supervised, directed study program.
an alternative educational program under s. 119.82 or any other A pupil shall be permitted to take any examinations missed during
alternative educational program to children who attend the school a period of assignment to a supervised, directed study program.
attended by the truant child, if the school district administrator (cm) 1. The school board may establish policies which provide
believes that the program or curriculum may be appropriate for the that a pupil of an age eligible for high school enrollment in the
truant child. school district, as determined by the school board, may be
3. A school social worker employed by the school district who assigned to a period of assessment as a consequence of the pupil’s
provides services to children attending the school attended by the truancy or upon the pupil’s return to school from placement in a
truant child, if the school district administrator believes that the correctional facility, mental health treatment facility, alcohol and
services provided by the social worker may be appropriate for the other drug abuse treatment facility or other out−of−school place-
truant child. ment. The policies shall specify the conditions under which a
4. An employee of a social services agency who is directly pupil may participate in the assessment without being in violation
involved in the provision of social services to the truant child or of s. 118.15 and the maximum length of time that a pupil may be
the child’s family. assigned to an assessment period.
2. A school board may not assign a pupil to an assessment does not apply if the school attendance officer provides evidence
period without the written approval of the pupil’s parent or guard- that appropriate school personnel were unable to carry out the
ian. A school board may not assign a pupil to an assessment period activity due to the child’s absences from school.
for longer than the time necessary to complete the assessment and (6) (a) If the school attendance officer receives evidence that
place the pupil in an appropriate education program or 8 weeks, activities under sub. (5) have been completed or were not required
whichever is less. A school board may not assign a pupil to an to be completed as provided in sub. (5m), the school attendance
assessment period more than once and may not assign a pupil to officer may do any of the following:
an assessment period if the school district has an alternative edu- 1. File information on any child who continues to be truant
cation program, as defined in s. 115.28 (7) (e) 1., available for the with the court assigned to exercise jurisdiction under chs. 48 and
pupil that is appropriate for the pupil’s needs. An assessment need 938 in accordance with s. 938.24. Filing information on a child
not be conducted during the regular school day. under this subdivision does not preclude concurrent prosecution
3. The goals of an assessment period are to develop an educa- of the child’s parent or guardian under s. 118.15 (5).
tional plan for the pupil, implement an appropriate transitional 2. Refer the child to a teen court program if all of the following
plan and facilitate the pupil’s placement in an education program conditions apply:
in which the pupil will be able to succeed. The school board shall
provide pupils who are assigned to an assessment period with a. The chief judge of the judicial administrative district has
information on other education programs that the school district approved a teen court program established in the child’s county of
or other community providers have available for the pupil. The residence and has authorized the school attendance officer to refer
assessment may include any of the following new or previously children to the teen court program and the school attendance offi-
completed activities: cer determines that participation in the teen court program will
likely benefit the child and the community.
a. An assessment for problems with alcohol or other drugs.
b. The child and the child’s parent, guardian and legal custo-
b. An assessment of individual educational needs. dian consent to the child’s participation in the teen court program.
c. An assessment of whether the pupil is encountering prob- c. The child has not successfully completed participation in
lems in the community or at home that require intervention by a a teen court program during the 2 years before the date on which
social worker. the school attendance officer received evidence that activities
d. A vocational assessment, which may include career coun- under sub. (5) have been completed or were not completed due to
seling. the child’s absence from school as provided in sub. (5m).
e. A medical assessment. (b) If a child who is referred to a teen court program under par.
(d) The school board shall provide each pupil enrolled in the (a) 2. is not eligible for participation in the teen court program or
public schools in the district with a copy of the policies established does not successfully complete participation in the teen court pro-
under this subsection and shall file a copy of the policies in each gram, the person administering the teen court program shall file
school in the district. In addition, the school board shall make cop- information on the child with the court assigned to exercise juris-
ies available upon request. diction under chs. 48 and 938 in accordance with s. 938.24. Filing
(e) Except as provided under s. 119.55, a school board may information on a child under this paragraph does not preclude con-
establish one or more youth service centers for the counseling of current prosecution of the child’s parent or guardian under s.
children who are taken into custody under s. 938.19 (1) (d) 10. for 118.15 (5).
being absent from school without an acceptable excuse under s. (7) Any school district administrator, principal, teacher or
118.15. school attendance officer who violates this section shall forfeit not
(5) Except as provided in sub. (5m), before any proceeding less than $5 nor more than $25.
may be brought against a child under s. 938.13 (6) for habitual tru- History: 1971 c. 164 s. 85; 1975 c. 39; 1979 c. 221, 298; 1985 a. 211; 1987 a. 285;
1993 a. 16, 56, 334, 339, 491; 1995 a. 27 ss. 3947, 9130 (4), 9145 (1); 1995 a. 77; 1997
ancy or under s. 938.125 (2) or 938.17 (2) for a violation of an a. 3, 27, 205, 239; 1999 a. 9; 2001 a. 107; 2005 a. 122; 2009 a. 41, 302; 2015 a. 52;
ordinance enacted under s. 118.163 (2) or against the child’s par- 2017 a. 59.
ent or guardian under s. 118.15 for failure to cause the child to NOTE: 1993 Wis. Act 339, which created sub. (4) (cm), contains explanatory
notes.
attend school regularly, the school attendance officer shall pro- A court must consider evidence under sub. (5) prior to entering a finding of con-
vide evidence that appropriate school personnel in the school or tempt based on truancy from school. T.J.N. v. Winnebago County Social Services
school district in which the child is enrolled have, within the Department, 141 Wis. 2d 838, 416 N.W.2d 632 (Ct. App. 1987).
school year during which the truancy occurred, done all of the fol- Sub. (5) does not limit a court’s discretion in setting school attendance require-
ments in a dispositional order for a delinquent juvenile and in imposing sanctions if
lowing: the order is violated. By its terms, sub. (5) is limited to children who are habitual tru-
(a) Met with the child’s parent or guardian to discuss the child’s ants and therefore in need of protection and services. State v. Jason R.N., 201 Wis.
2d 646, 549 N.W.2d 752 (Ct. App. 1996), 95−1728.
truancy or attempted to meet with the child’s parent or guardian When under school board policy a suspension is not an excused absence, an
and received no response or were refused. absence as a result of the suspension is not an “acceptable excuse” under sub. (1) (a)
(b) Provided an opportunity for educational counseling to the or “legal cause” under sub. (1) (c) and may result in a finding of habitual truancy.
State v. Isaac, 220 Wis. 2d 251, 582 N.W.2d 476 (Ct. App. 1998), 97−1611.
child to determine whether a change in the child’s curriculum
would resolve the child’s truancy and have considered curriculum 118.162 Truancy committee and plan. (1) At least once
modifications under s. 118.15 (1) (d). every 4 years, in each county, the school district administrator of
(c) Evaluated the child to determine whether learning prob- the school district which contains the county seat designated
lems may be a cause of the child’s truancy and, if so, have taken under s. 59.05, or his or her designee, shall convene a committee
steps to overcome the learning problems, except that the child to review and make recommendations to the school boards of all
need not be evaluated if tests administered to the child within the of the school districts in the county on revisions to the school dis-
previous year indicate that the child is performing at his or her tricts’ truancy plans under sub. (4m). The committee shall consist
grade level. of the following members:
(d) Conducted an evaluation to determine whether social prob- (a) A representative from each school district in the county,
lems may be a cause of the child’s truancy and, if so, have taken designated by the school board of the school district that he or she
appropriate action or made appropriate referrals. represents, who may be a school board member, school adminis-
(5m) Subsection (5) (a) does not apply if a meeting under sub. trator, teacher, pupil services professional or parent of a child
(2) (cg) 3. is not held within 10 school days after the date that the enrolled in the school district. If the territory of a school district
notice under sub. (2) (cg) is sent. Subsection (5) (b), (c) and (d) lies in more than one county, the school district shall have a repre-
sentative on the committee for the county in which the largest por- (d) The immediate response to be made by school personnel
tion of the school district’s equalized valuation is located. when a truant child is returned to school.
(am) A representative from each tribal school in the county, (e) The types of truancy cases to be referred to the district attor-
designated by the governing body of the tribal school that he or she ney for the filing of information under s. 938.24 or prosecution
represents, who may be a member of the tribal school governing under s. 118.15 (5) and the time periods within which the district
body, school administrator, teacher, pupil services professional, attorney will respond to and take action on the referrals.
or parent of a child enrolled in that tribal school. (f) Plans and procedures to coordinate the responses to the
(b) A representative of the office of the district attorney, desig- problems of habitual truants, as defined under s. 118.16 (1) (a),
nated by the district attorney. with public and private social services agencies.
(c) A representative of the sheriff’s department, designated by (g) Methods to involve the truant child’s parent or guardian in
the sheriff. dealing with and solving the child’s truancy problem.
(d) A representative of the local law enforcement agency, other (4m) At least once every 2 years, each school board shall
than the sheriff’s department, with jurisdiction over the county review and, if appropriate, revise the truancy plan adopted by the
seat, designated by the chief administrative officer of the law school board under sub. (4).
enforcement agency. History: 1987 a. 285; 1995 a. 77, 201; 1997 a. 239; 2009 a. 302.
(e) A representative of the circuit court for the county, desig-
nated by the chief judge of the judicial administrative district. 118.163 Municipal truancy and school dropout ordi-
nances. (1) In this section:
(f) A representative of the county department of social services
under s. 46.22, designated by the county social services director, (a) “Dropout” has the meaning given in s. 118.153 (1) (b).
or, if the duties of the department under s. 46.22 have been trans- (b) “Habitual truant” has the meaning given in s. 118.16 (1) (a).
ferred to a department under s. 46.23, a representative of the (c) “Operating privilege” has the meaning given in s. 340.01
county department of human services under s. 46.23, designated (40).
by the county human services director. (d) “Truant” means a pupil who is absent from school without
(g) A representative of the juvenile court intake unit, desig- an acceptable excuse under ss. 118.15 and 118.16 (4) for part or
nated by the county social services director, or, if the duties of the all of any day on which school is held during a school semester.
department under s. 46.22 have been transferred to a department (1m) A county, city, village or town may enact an ordinance
under s. 46.23, designated by the county human services director, prohibiting a person under 18 years of age from being a truant.
or designated by the chief judge of the judicial administrative dis- The ordinance shall provide which of the following dispositions
trict. are available to the court:
(h) If a county department of human services has not been (a) An order for the person to attend school.
established under s. 46.23, a representative of a county depart- (b) A forfeiture of not more than $50 plus costs for a first viola-
ment established under s. 51.42 or 51.437, designated by the tion, or a forfeiture of not more than $100 plus costs for any 2nd
director of the department established under s. 51.42 or 51.437. or subsequent violation committed within 12 months of a previous
(i) Any other member as determined by the committee. violation, subject to s. 938.37 and subject to a maximum cumula-
(j) A parent of a pupil enrolled in a private school, who resides tive forfeiture amount of not more than $500 for all violations
in a school district in the county, designated by the county board. committed during a school semester. All or part of the forfeiture
(k) A parent of a pupil enrolled in a public school, who resides plus costs may be assessed against the person, the parents or
in a school district in the county, designated by the county board. guardian of the person, or both.
(L) A parent of a pupil enrolled in a home−based private educa- (c) An order for the person to report to a youth report center
tional program, who resides in a school district in the county, des- after school, in the evening, on weekends, on other nonschool
ignated by the county board. days, or at any other time that the person is not under immediate
adult supervision, for participation in the social, behavioral, aca-
(m) A parent of a pupil enrolled in a tribal school located in the
demic, community service, and other programming of the center
county, who resides in the county, designated by the county board.
as described in s. 938.342 (1d) (c).
(2) The district attorney representative on the committee shall
(2) A county, city, village or town may enact an ordinance pro-
participate in reviewing and developing any recommendations
hibiting a person under 18 years of age from being a habitual tru-
regarding revisions to the portions of the school districts’ plans
ant. The ordinance shall provide which of the following dis-
under sub. (4) (e).
positions are available to the court:
(3) The committee shall write a report to accompany the rec-
(a) Suspension of the person’s operating privilege for not less
ommendations under sub. (1). The report shall include a descrip-
than 30 days nor more than one year. The court may take posses-
tion of the factors that contribute to truancy in the county and a sion of any suspended license. If the court takes possession of a
description of any state statutes, municipal ordinances or school, license, it shall destroy the license. The court shall forward to the
social services, law enforcement, district attorney, court or other department of transportation a notice stating the reason for and the
policies that contribute to or inhibit the response to truancy in the duration of the suspension.
county. A copy of the report shall be submitted to each of the enti-
ties identified in sub. (1) (b) to (h) and any other entity designating (b) An order for the person to participate in counseling or a
members on the committee under sub. (1) (i). supervised work program or other community service work as
described in s. 938.34 (5g). The costs of any such counseling,
(4) Not later than September 1, 1989, each school board shall supervised work program or other community service work may
adopt a truancy plan which shall include all of the following: be assessed against the person, the parents or guardian of the per-
(a) Procedures to be followed for notifying the parents or son, or both. Any county department of human services or social
guardians of the unexcused absences of habitual truants under s. services, community agency, public agency or nonprofit charita-
118.16 (2) (cr) and for meeting and conferring with such parents ble organization administering a supervised work program or
or guardians. other community service work to which a person is assigned pur-
(b) Plans and procedures for identifying truant children of all suant to an order under this paragraph acting in good faith has
ages and returning them to school, including the identity of school immunity from any civil liability in excess of $25,000 for any act
personnel to whom a truant child shall be returned. or omission by or impacting on that person.
(c) Methods to increase and maintain public awareness of and (c) An order for the person to remain at home except during
involvement in responding to truancy within the school district. hours in which the person is attending religious worship or a
school program, including travel time required to get to and from (2) Subject to 20 USC 1415 (k) and beginning August 1, 1999,
the school program or place of worship. The order may permit a a teacher may remove a pupil from the teacher’s class if the pupil
person to leave his or her home if the person is accompanied by violates the code of classroom conduct adopted under s. 120.13
a parent or guardian. (1) (a) or is dangerous, unruly or disruptive or exhibits behavior
(d) An order for the person to attend an educational program that interferes with the ability of the teacher to teach effectively,
as described in s. 938.34 (7d). as specified in the code of classroom conduct. The teacher shall
(e) An order for the department of workforce development to send the pupil to the school principal or his or her designee and
revoke, under s. 103.72, a permit under s. 103.70 authorizing the notify the school principal or his or her designee immediately of
employment of the person. the reasons for the removal. In addition, the teacher shall provide
to the principal or his or her designee within 24 hours after the
(f) An order for the person to be placed in a teen court program pupil’s removal from the class a written explanation of the reasons
as described in s. 938.342 (1g) (f). for the removal.
(g) An order for the person to attend school. (3) (a) The school principal or his or her designee shall place
(h) A forfeiture of not more than $500 plus costs, subject to s. the pupil in one of the following:
938.37. All or part of the forfeiture plus costs may be assessed 1. An alternative education program, as defined in s. 115.28
against the person, the parents or guardian of the person, or both. (7) (e) 1.
(i) Any other reasonable conditions consistent with this sub- 2. Another class in the school or another appropriate place in
section, including a curfew, restrictions as to going to or remaining the school, as determined by the school principal or his or her
on specified premises and restrictions on associating with other designee.
children or adults.
3. Another instructional setting.
(j) An order placing the person under formal or informal super-
4. The class from which the pupil was removed if, after
vision, as described in s. 938.34 (2), for up to one year. weighing the interests of the removed pupil, the other pupils in the
(k) An order for the person’s parent, guardian or legal custo- class and the teacher, the school principal or his or her designee
dian to participate in counseling at the parent’s, guardian’s or legal determines that readmission to the class is the best or only alterna-
custodian’s own expense or to attend school with the person, or tive.
both. (b) This subsection does not prohibit the teacher who removed
(L) An order for the person to report to a youth report center the pupil from the class or the school board, school district admin-
after school, in the evening, on weekends, on other nonschool istrator, school principal or their designees from disciplining the
days, or at any other time that the person is not under immediate pupil.
adult supervision, for participation in the social, behavioral, aca- History: 1997 a. 335.
demic, community service, and other programming of the center
as described in s. 938.342 (1g) (k). 118.165 Private schools. (1) An institution is a private
(2m) (a) A county, city, village or town may enact an ordi- school if its educational program meets all of the following crite-
nance permitting a court to suspend the operating privilege of a ria:
person who is at least 16 years of age but less than 18 years of age (a) The primary purpose of the program is to provide private
and is a dropout. The ordinance shall provide that the court may or religious−based education.
suspend the person’s operating privilege until the person reaches (b) The program is privately controlled.
the age of 18. The court may take possession of any suspended (c) The program provides at least 875 hours of instruction each
license. If the court takes possession of a license, it shall destroy school year.
the license. The court shall forward to the department of trans-
portation a notice stating the reason for and the duration of the sus- (d) The program provides a sequentially progressive curricu-
pension. lum of fundamental instruction in reading, language arts, mathe-
matics, social studies, science and health. This subsection does
(b) A court may order a school district to provide to the court not require the program to include in its curriculum any concept,
a list of all persons who are known to the school district to be drop- topic or practice in conflict with the program’s religious doctrines
outs and who reside within the county in which the circuit court or to exclude from its curriculum any concept, topic or practice
is located or the municipality in which the municipal court is consistent with the program’s religious doctrines.
located. Upon request, the department of transportation shall
assist the court to determine which dropouts have operating privi- (e) The program is not operated or instituted for the purpose
leges. of avoiding or circumventing the compulsory school attendance
requirement under s. 118.15 (1) (a) and (am).
(3) An ordinance enacted by a county under sub. (1m), (2) or
(2m) is applicable and may be enforced in that part of any city or (f) The pupils in the institution’s educational program, in the
village located in the county and in any town located in the county ordinary course of events, return annually to the homes of their
parents or guardians for not less than 2 months of summer vaca-
regardless of whether the city, village or town has enacted an ordi-
tion, or the institution is licensed as a child welfare agency under
nance under sub. (1m), (2) or (2m).
s. 48.60 (1).
(4) A person who is under 17 years of age on the date of dis-
(2) An institution may request the state superintendent to
position is subject to s. 938.342.
History: 1987 a. 285; 1991 a. 39; 1993 a. 363; 1995 a. 27 s. 9130 (4); 1995 a. 77,
approve the institution’s educational program as a private school.
352; 1997 a. 3, 35, 239; 2001 a. 16; 2009 a. 103. The state superintendent shall base his or her approval solely on
A circuit court judge hearing a municipal truancy case is acting as a juvenile court, the criteria under sub. (1).
and the case is governed by ch. 938. The court lacks statutory authority to order sanc- History: 1983 a. 512; 1989 a. 336; 1995 a. 27; 1997 a. 27; 2009 a. 41.
tions if the court never enters written dispositional orders that could serve as a basis
for sanctions. Under s. 938.355 (6m) (ag), a court may sanction a juvenile who has
been adjudicated truant if it finds by a preponderance of the evidence that the juvenile 118.167 Private school determination by state super-
violated a condition of a dispositional order. Section 938.355 (2) (b) states that the intendent. If an association that regulates or accredits private
dispositional order shall be in writing. A court’s minutes sheet is not a court order.
A court order must be signed by a judge. State v. Dylan S., 2012 WI App 25, 339 Wis. educational institutions in this state submits an affidavit to the
2d 442, 813 N.W.2d 229, 11−1338. state superintendent attesting that the institution meets or exceeds
all of the criteria under s. 118.165 and the state superintendent
118.164 Removal of pupils from the class. (1) In this finds that the institution does meet or exceed all of the criteria
section, “teacher” means a person holding a license or permit under s. 118.165, the state superintendent shall determine that the
issued by the state superintendent whose employment by a school institution is a private school. If at any time the state superinten-
district requires that he or she hold that license or permit. dent finds that an institution determined to be a private school
under this section no longer meets the criteria under s. 118.165, the their daily attendance and such other facts or matters relating to
state superintendent may withdraw the determination. the school as the state superintendent or school board requires.
History: 1983 a. 512; 1995 a. 27; 1997 a. 27. History: 1979 c. 301; 1995 a. 27 s. 9145 (1); 1997 a. 27.
118.169 Pupil identification. (1) IDENTIFICATION NUMBERS. 118.19 Teacher certificates and licenses; administra-
A school board, and the governing body of a private school, may tor and pupil services professional licenses. (1) Except
assign to each pupil enrolled in the school district or private school as provided in subs. (1b) and (1c) and s. 118.40 (8) (b) 1. and 2.,
a unique identification number. The school board or governing any person seeking to teach in a public school, including a charter
body may not assign to any pupil an identification number that is school, or in a school or institution operated by a county or the
identical to or incorporates the pupil’s social security number. state shall first procure a license or permit from the department.
This subsection does not prohibit a school board or governing (1b) An individual may teach an online course in a subject and
body from requiring a pupil to disclose the pupil’s social security level in a public school, including a charter school, without a
number, nor from using a pupil’s social security number if the use license or permit from the department if the individual holds a
is required by a federal or state agency or private organization in valid license or permit to teach the subject and level in the state
order for the school district or private school to participate in a par- from which the online course is provided.
ticular program. (1c) (a) In this subsection, “institution of higher education”
(2) IDENTIFICATION CARDS. (a) If a school board or operator of means an institution or college campus within the University of
a charter school under s. 118.40 (2r) or (2x) issues identification Wisconsin System, a technical college under ch. 38, or any pri-
cards to pupils, the school board or operator shall include on each vate, nonprofit postsecondary institution that is a member of the
identification card issued to a pupil the telephone number for the Wisconsin Association of Independent Colleges and Universities.
National Suicide Prevention Lifeline or one of its affiliate crisis (b) A faculty member of an institution of higher education may
centers or, if the National Suicide Prevention Lifeline ceases oper- teach in a public high school, including a charter school that oper-
ations, another national network of local crisis centers that pro- ates only high school grades, without a license or permit from the
vides free and confidential emotional support to individuals in sui- department if the faculty member satisfies all of the following:
cidal crisis or emotional distress 24 hours a day and 7 days a week. 1. The faculty member is in good standing with the institution
The school board or operator may also include on the identifica- of higher education at which he or she is a member of the faculty.
tion card any of the following information:
2. The faculty member possesses a bachelor’s degree.
1. A statement that the text−based emotional support service
3. The department conducts a background investigation of the
of the Crisis Text Line may be accessed by texting HOPELINE to faculty member and the results of the background investigation
741741 or, if applicable, by specifying any successor method. would not make the faculty member ineligible for a teaching
2. Instructions for contacting a text−based state or national license under sub. (4) or (10).
organization, other than the organization described under subd. 1., (1m) (a) The department of public instruction may not issue
that provides free support to individuals in crisis 24 hours a day a license or permit or revalidate a license that has no expiration
and 7 days a week. date unless the applicant provides the department of public
3. The telephone number for a local suicide prevention hot- instruction with his or her social security number. The department
line. of public instruction may not disclose the social security number
(b) A school board or operator of a charter school under s. except to the department of revenue for the sole purpose of
118.40 (2r) or (2x) may include the information described under requesting certifications under s. 73.0301 and to the department
par. (a) on pupil identification cards by printing the information of workforce development for the sole purpose of requesting certi-
on, or by affixing a sticker that contains the information to, the fications under s. 108.227.
identification cards. (b) The department of public instruction may not issue a
History: 1997 a. 128; 2019 a. 116. license or permit or revalidate a license that has no expiration date
if the department of revenue certifies under s. 73.0301 that the
118.17 Indigent children. The principal or teacher in charge applicant is liable for delinquent taxes or if the department of
of any public school shall report to the county department under workforce development certifies under s. 108.227 that the appli-
s. 46.215, 46.22 or 46.23 for the county wherein the school is situ- cant is liable for delinquent unemployment insurance contribu-
ated the name and address of any child in the school whose parent, tions.
guardian or other person having control, charge or custody of the (1r) (a) As provided in the memorandum of understanding
child is without sufficient means to furnish the child with food or under s. 49.857, the department of public instruction may not issue
clothing necessary to enable the child to attend school. a license or permit or revalidate a license that has no expiration
History: 1985 a. 29; 1995 a. 27.
Cross−reference: Section 120.12 (11) provides for free books and school supplies
date unless the applicant provides the department of public
for indigent children. instruction with his or her social security number. The department
of public instruction may not disclose the social security number
118.175 Pupils without parents or guardians; report except to the department of children and families for the sole pur-
required. (1) This section does not apply to a pupil who has a pose of administering s. 49.22.
legal custodian, as defined in s. 48.02 (11) or 938.02 (11), or who (b) As provided in the memorandum of understanding under
is cared for by a kinship care relative, as defined in s. 48.57 (3m) s. 49.857, the department may not issue a license or permit or
(a) 2. revalidate a license that has no expiration date if the applicant is
(2) If a pupil is a child who is without a parent or guardian, any delinquent in making court−ordered payments of child or family
school teacher, school administrator, school counselor or school support, maintenance, birth expenses, medical expenses or other
social worker who knows that the child is without a parent or expenses related to the support of a child or former spouse or if the
guardian shall report that fact as soon as possible to the county applicant fails to comply, after appropriate notice, with a sub-
department under s. 46.22 or 46.23 or, in a county having a popu- poena or warrant issued by the department of children and fami-
lation of 750,000 or more, to the department of health services. lies or a county child support agency under s. 59.53 (5) and related
History: 1999 a. 9, 133; 2007 a. 20 s. 9121 (6) (a); 2017 a. 207 s. 5. to paternity or child support proceedings.
(1s) (a) Notwithstanding subs. (1m) and (1r), if an applicant
118.18 Teacher reports. Every teacher shall record the does not have a social security number, the applicant, as a condi-
names, ages and studies of all pupils under his or her charge and tion of applying for, or applying to revalidate, a license under this
section shall submit a statement made or subscribed under oath or she is proficient in reading and writing braille and in teaching
affirmation to the department that the applicant does not have a braille. In promulgating rules under this subsection, the state
social security number. superintendent shall take into consideration the standard used by
(b) The teaching license of a person who submits a false state- the librarian of congress for certifying braille transcribers.
ment under par. (a) is invalid. (5) A person is not required to be licensed as an alternative
(2) Until the end of the 1971−1972 school year, no certificate education program teacher under s. 115.28 (7) (e) 2. to teach in an
or license to teach in any public school may be issued unless the alternative education program, as defined in s. 115.28 (7) (e) 1.
applicant has completed, beyond the work of the high school, 2 (6) In granting certificates or licenses for the teaching of cour-
years of school work which were devoted to pedagogical instruc- ses in economics, social studies or agriculture, adequate instruc-
tion and training. Any teacher who has taught in any public school tion in cooperative marketing and consumers’ cooperatives shall
in the 1937−1938 school year or prior thereto may continue to be required. In granting certificates or licenses for the teaching of
teach in the public schools without complying with this subsec- courses in science or social studies, adequate instruction in the
tion. conservation of natural resources shall be required.
(3) (a) No license to teach in any public school may be issued (7) (a) No certificate or license to teach industrial arts subjects
unless the applicant possesses a bachelor’s degree including such may be issued unless the applicant has had 3 years of practical
professional training as the department by rule requires, except as experience beyond apprenticeship or 4 years of institutional train-
permitted under par. (b) and ss. 115.28 (17) (a), 118.191, ing in such subjects. For purposes of salary schedules and promo-
118.1915, 118.192, 118.193, 118.194, and 118.197. Notwith- tion, any person teaching an industrial arts subject on January 1,
standing s. 36.11 (16), no teacher preparatory program in this state 1936, who had 5 years of practical or teaching experience in such
may be approved by the state superintendent under s. 115.28 (7) subject shall be deemed to have the equivalent of a bachelor’s
(a), unless each student in the program is required to complete stu- degree.
dent teaching consisting of full days for a full semester following (b) The state superintendent may issue a permit to teach indus-
the daily schedule and semester calendar of the cooperating trial arts subjects if the applicant is certified by the technical col-
school or the equivalent, as determined by the state superinten- lege system board to teach an industrial arts or similar subject.
dent. No license to teach in any public school may be granted to (7m) The state superintendent shall grant a substitute teacher
an applicant who completed a professional training program out- permit to an individual who is eligible for licensure under subs. (4)
side this state unless the applicant completed student teaching and (10), has an associate degree, and has successfully completed
consisting of full days for a full semester following the daily substitute teacher training.
schedule and semester calendar of the cooperating school or the
equivalent, as determined by the state superintendent. The state (8) The state superintendent may not grant to any person a
superintendent may grant exceptions to the student teaching license to teach unless the person has received instruction in the
requirements under this paragraph when the midyear calendars of study of minority group relations, including instruction in the his-
the institution offering the teacher preparatory program and the tory, culture and tribal sovereignty of the federally recognized
cooperating school differ from each other and would prevent stu- American Indian tribes and bands located in this state.
dents from attending classes at the institution in accordance with (9) (a) Except as provided in par. (b), the state superintendent
the institution’s calendar. The state superintendent shall promul- may not issue an initial teaching license, school district adminis-
gate rules to implement this subsection. If for the purpose of trator’s license or school administrator’s license unless the appli-
granting a license to teach or for approving a teacher preparatory cant has demonstrated competency in all of the following:
program the state superintendent requires that an institution of 1. Resolving conflicts between pupils and between pupils and
higher education be accredited, the state superintendent shall school staff.
accept accreditation by a regional or national institutional accred- 2. Assisting pupils in learning methods of resolving conflicts
iting agency recognized by the U.S. department of education or by between pupils and between pupils and school staff, including
a programmatic accrediting organization. training in the use of peer mediation to resolve conflicts between
(b) The state superintendent shall permanently certify any pupils.
applicant to teach Wisconsin native American languages and cul- 3. Dealing with crises, including violent, disruptive, poten-
ture who has successfully completed the university of Wisconsin− tially violent or potentially disruptive situations, that may arise in
Milwaukee school of education approved Wisconsin native school or at activities supervised by a school as a result of conflicts
American languages and culture project certification program at between pupils or between pupils and other persons.
any time between January 1, 1974, and December 31, 1977. (b) The state superintendent may waive the requirements
School districts shall not assign individuals certified under this under par. (a) if the applicant demonstrates competency in the sub-
paragraph to teach courses other than Wisconsin native American jects under par. (a) 1. to 3. within 12 months after the date on which
languages and culture, unless they qualify under par. (a). the license is issued.
(4) (a) Notwithstanding subch. II of ch. 111, the state superin- (10) (a) In this subsection:
tendent may not grant a license, for 6 years following the date of 1. “Educational agency” has the meaning given in s. 115.31
the conviction, to any person who has been convicted of any Class (1) (b).
A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and
940.205, or of an equivalent crime in another state or country, for 2. “Pupil services professional” has the meaning given in s.
a violation that occurs on or after September 12, 1991, or any 118.257 (1) (c).
Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 (b) With the assistance of the department of justice, the state
and 940.205, for a violation that occurs on or after February 1, superintendent shall do all of the following:
2003. The state superintendent may grant the license only if the 1. Conduct a background investigation of each applicant for
person establishes by clear and convincing evidence that he or she issuance or renewal of a license or permit, including a license or
is entitled to the license. permit issued to a pupil services professional, and for a faculty
(b) Notwithstanding par. (a), the state superintendent shall member seeking to teach in a public high school without a license
grant a license to a person convicted of a crime described under or permit.
par. (a), prior to the expiration of the 6−year period following the 2. At least once every 5 years, conduct a background investi-
conviction, if the conviction is reversed, set aside or vacated. gation of each person who satisfies all of the following:
(4m) The state superintendent may not issue a license to teach a. The person holds a license issued by the state superinten-
the visually impaired unless the applicant demonstrates, based on dent, including a license issued to a pupil services professional,
criteria established by the state superintendent by rule, that he or that has no expiration date.
b. The person is employed by an educational agency or by a successfully completed a course of study that satisfies all of the
charter school established under s. 118.40 (2r) or (2x). following:
(c) If the person under par. (b) is a nonresident, or if the state 1. The course of study provides rigorous instruction in the
superintendent determines that the person’s employment, licens- teaching of phonemic awareness, phonics, vocabulary, reading
ing or state court records provide a reasonable basis for further comprehension, and fluency.
investigation, the state superintendent shall require the person to 2. A student in the course of study receives feedback and
be fingerprinted on 2 fingerprint cards, each bearing a complete coaching from an individual who is an expert of reading instruc-
set of the person’s fingerprints, or by other technologies approved tion.
by law enforcement agencies. The department of justice may pro- 3. A student in the course of study demonstrates competence
vide for the submission of the fingerprint cards or fingerprints by in phonemic awareness, phonics, vocabulary, reading compre-
other technologies to the federal bureau of investigation for the hension, and fluency by providing a portfolio of work.
purposes of verifying the identity of the person fingerprinted and
obtaining records of his or her criminal arrest and conviction. (c) Any teacher who passes the examination under par. (a) shall
notify the department, which shall add a notation to the teacher’s
(d) Upon request, an educational agency shall provide the state license indicating that he or she passed the examination.
superintendent with all of the following information about each
person employed by the educational agency who holds a license, (16) The department shall ensure that teaching experience
issued by the state superintendent, that has no expiration date: gained while a person held an emergency permit issued by the
department under s. PI 34.21 (2), Wis. Adm. Code, counts toward
1. The person’s name. fulfillment of the teaching experience requirement for a license
2. The person’s social security number or the license identifi- based on experience under s. PI 34.195 (2), Wis. Adm. Code, or
cation number given by the department when the person’s original for a license in a school administrator category under s. PI 34.32,
license was issued. Wis. Adm. Code.
3. Other identifying information, including the person’s birth- NOTE: Sections PI 34.195, 34.21, and 34.32, Wis. Adm. Code, no longer exist.
date, sex, race and any identifying physical characteristics. Chapter PI 34, Wis. Adm. Code, was repealed and recreated in its entirety effec-
tive 8−1−18.
(e) The state superintendent may issue a license or permit con- (18) (a) Beginning on September 23, 2017, and subject to ss.
ditioned upon the receipt of a satisfactory background investiga- 115.31 and 115.315, an individual who is applying for an initial
tion. teaching license, an initial administrator license, or an initial pupil
(f) The state superintendent shall keep confidential all infor- services professional license under this section shall be subject to
mation received under this subsection from the department of jus- the requirement of this paragraph. The department may issue a
tice or the federal bureau of investigation. Except as provided in provisional license for a term of 3 years to an individual who
par. (g), such information is not subject to inspection or copying applies for an initial license under this paragraph.
under s. 19.35. (bc) The department shall, subject to ss. 115.31 and 115.315,
(g) At the request under s. 49.22 (2m) of the department of chil- issue a provisional license to an individual who holds a valid and
dren and families or a county child support agency under s. 59.53 current initial teaching, administrator, or pupil services license on
(5), the state superintendent shall release the name and address of September 23, 2017.
the applicant or licensee, the name and address of the applicant’s (bd) Except as provided in par. (c), and subject to ss. 115.31
or licensee’s employer and financial information, if any, related to and 115.315, a professional or master teaching license, adminis-
the applicant or licensee obtained under this subsection to the trator license, or pupil services license that is valid and current on
department of children and families or the county child support
September 23, 2017, is a lifetime license and has no expiration
agency. date.
(11) The department may promulgate rules establishing
(bg) 1. The department may issue a lifetime license under this
requirements for licensure as a school principal. A school princi-
subdivision to an individual who obtained a provisional license
pal license shall authorize the individual to serve as a school prin-
under par. (a) or (bc) if the individual has successfully completed
cipal for any grade level.
6 semesters of teaching, administrating, or pupil services experi-
(12) Beginning on July 1, 1998, the department may not issue ence, as defined by the department by rule.
a license that authorizes the holder to teach reading or language
2. An individual who does not successfully complete 6
arts to pupils in any prekindergarten class or in any of the grades
semesters of teaching, administrating, or pupil services experi-
from kindergarten to 6 unless the applicant has successfully com-
ence, as defined by the department by rule, within the 3−year term
pleted instruction preparing the applicant to teach reading and lan-
of a provisional license issued under par. (a) or (bc) may apply to
guage arts using appropriate instructional methods, including
renew the provisional license. There is no limit to the number of
phonics. The phonics instruction need not be provided as a sepa-
times an individual may renew a provisional license under par. (a)
rate course. In this subsection, “phonics” means a method of
or (bc).
teaching beginners to read and pronounce words by learning the
phonetic value of letters, letter groups and syllables. (c) If an individual who holds a lifetime license under par. (bd)
or (bg) is not regularly employed in education, as defined by the
(14) (a) Except as provided in par. (b), the department may
department by rule, for 5 or more consecutive years, the depart-
not issue an initial teaching license that authorizes the holder to
ment shall invalidate the lifetime license. An individual whose
teach in grades kindergarten to 5 or in special education, an initial
lifetime license has been invalidated under this paragraph may not
license as a reading teacher, or an initial license as a reading spe-
revalidate the lifetime license until the individual applies for and
cialist, unless the applicant has passed an examination identical to
obtains a provisional license under par. (a) and satisfies the
the Foundations of Reading test administered in 2012 as part of the
requirements under par. (bg) for a lifetime license.
Massachusetts Tests for Educator Licensure. The department History: 1971 c. 154; 1975 c. 39, 95; 1979 c. 346; 1981 c. 314 s. 146; 1985 a. 29,
shall set the passing cut score on the examination at a level no 207; 1989 a. 31; 1991 a. 42, 108, 164, 315; 1993 a. 16, 334, 339, 454, 491; 1995 a.
lower than the level recommended by the developer of the test, 27 ss. 3951m, 9145 (1); 1995 a. 299; 1997 a. 27, 113, 191, 237; 1999 a. 9; 2001 a. 109;
based on this state’s standards. 2005 a. 121; 2007 a. 20, 222; 2011 a. 166; 2013 a. 20, 36; 2015 a. 55; 2017 a. 59, 206;
2019 a. 44, 84.
(b) The department shall waive the requirement under par. (a) Cross−reference: See also ch. PI 34, Wis. adm. code.
for an applicant seeking an initial teaching license that authorizes
the holder to teach in special education if the applicant demon- 118.191 Experience−based licensure for technical and
strates to the satisfaction of the department that the applicant has vocational education subjects. (1) In this section:
(a) “Technical education subject” includes technology educa- a. For a bachelor’s degree in technical or technology educa-
tion and any technology related occupation. tion, 100 points.
(b) “Vocational education subject” includes agriculture, child b. For a bachelor’s degree in a field other than those described
services, clothing services, food services, housing and equipment in subd. 1. a. or 2. a. and any teaching license or permit, 75 points.
services, family and consumer education, family and consumer c. For credit earned at an accredited institution of higher edu-
services, home economics−related occupations, health care−re- cation or technical college, 3 points per credit up to a maximum
lated occupations, trade specialist, business education, business of 75 points for technical or technology education courses and sci-
and office, and marketing education. ence, technology, engineering, or mathematics courses and 3
(2) (a) Notwithstanding s. 118.19 (7) to (9), the department points per credit up to a maximum of 75 points for education and
shall grant an initial teaching license to teach a technical education pedagogical courses.
subject to an individual who is eligible for licensure under s. d. For completing at least 100 hours of training in pedagogy,
118.19 (4) and (10), who scores at least 100 points on the point 5 points per 50 hours up to a maximum of 75 points.
system under sub. (5), of which at least 25 points are from sub. (5) (b) The department shall verify the information in par. (a)
(a) 1. and at least 25 points are from sub. (5) (a) 2., and who agrees using only the following:
to complete during the term of the license a curriculum deter-
mined by the school board of the school district in which the indi- 1. For par. (a) 1. a. to c. and 2. a. to c., the applicant’s transcript
vidual will teach. for the applicable degree or credits.
(b) Notwithstanding s. 118.19 (7) to (9), the department shall 2. For par. (a) 1. d., the applicant’s industry certificate.
grant an initial teaching license to teach a vocational education 3. For par. (a) 1. e. to h., the signature of a supervisor,
subject to an individual who is eligible for licensure under s. employer, or other reliable observer.
118.19 (4) and (10), who scores at least 100 points on the point 4. For par. (a) 2. d., verification by a course instructor, a tran-
system under sub. (5m), of which at least 25 points are from sub. script, or a certificate.
(5m) (a) 1. and at least 25 points are from sub. (5m) (a) 2., and who 5. If the applicant is unable to provide the verification
agrees to complete during the term of the license a curriculum required under subds. 1. to 4., any other proof of the applicant’s
determined by the school board of the school district in which the experience approved by the department.
individual will teach. (5m) (a) The department shall use the following point system
(2m) An initial teaching license issued under sub. (2) autho- to evaluate an applicant for an initial teaching license to teach a
rizes an individual to teach only in the school district controlled vocational education subject under sub. (2) (b):
by the school board that determined the curriculum the individual 1. The following for experience related to the vocational edu-
agreed to complete in order to qualify for the initial teaching cation subject that is the subject of the initial teaching license:
license.
a. For a bachelor’s degree in any science, technology, engi-
(3) An initial teaching license issued under sub. (2) is valid for neering, or mathematics field or in a field related to the vocational
3 years. An initial teaching license issued under sub. (2) is void education subject and any teaching license or permit, 100 points.
if the license holder ceases to be employed as a teacher in the
b. For a bachelor’s degree in any science, technology, engi-
school district in which the license holder is authorized to teach
neering, or mathematics field or in a field related to the vocational
under sub. (2m).
education subject, 75 points.
(4) Upon the expiration of the 3−year term of an initial teach-
c. For a bachelor’s degree in a field other than those described
ing license issued under sub. (2), the department shall issue to the
in subd. 1. a., 65 points.
license holder a professional teaching license to teach the techni-
cal education subject or vocational education subject if the indi- d. For industry certification in the vocation, 90 points.
vidual successfully completed the curriculum that the individual e. For experience in the vocation, 5 points per 40 hours
agreed to under sub. (2), as determined by the school board of the worked up to a maximum of 90 points.
school district that established the curriculum. The department f. For an internship in the vocation, 25 points.
shall indicate on a professional teaching license issued under this g. For being mentored in the vocation by a colleague or a men-
subsection that the license was obtained under the experience− tor approved by a recognized vocational association, 25 points.
based licensure program under this section. h. For an apprenticeship in the vocation, 5 points per 40 hours
(5) (a) The department shall use the following point system worked up to a maximum of 90 points.
to evaluate an applicant for an initial teaching license to teach a 2. The following for pedagogical experience:
technical education subject under sub. (2) (a):
a. For a bachelor’s degree in any field and any teaching
1. The following for experience in a technical field: license or permit, 75 points.
a. For a bachelor’s degree in any science, technology, engi- b. For credit earned at an accredited institution of higher edu-
neering, or mathematics field and any teaching license or permit, cation or technical college, 3 points per credit up to a maximum
100 points. of 75 points for courses in any science, technology, engineering,
b. For a bachelor’s degree in any science, technology, engi- or mathematics field or in a field related to the vocational educa-
neering, or mathematics field, 75 points. tion subject and 3 points per credit up to a maximum of 75 points
c. For a bachelor’s degree in a field other than those described for education and pedagogical courses.
in subd. 1. a. or 2. a., 65 points. c. For completing at least 100 hours of training in pedagogy,
d. For industry certification, 90 points. 5 points per 50 hours up to a maximum of 75 points.
e. For industry experience in a trade or technical field, 5 points (b) The department shall verify the information in par. (a)
per 40 hours worked up to a maximum of 90 points. using only the following:
f. For an internship in a trade or technical field, 25 points. 1. For par. (a) 1. a. to c. and 2. a. and b., the applicant’s tran-
g. For being mentored in a trade or technical skill by a col- script for the applicable degree or credits.
league or a Wisconsin Technology Education Association 2. For par. (a) 1. d., the applicant’s vocational certificate.
approved mentor, 25 points. 3. For par. (a) 1. e. to h., the signature of a supervisor,
h. For an apprenticeship in a trade or technical field, 5 points employer, or other reliable observer.
per 40 hours worked up to a maximum of 90 points. 4. For par. (a) 2. c., verification by a course instructor, a tran-
2. The following for pedagogical experience: script, or a certificate.
5. If the applicant is unable to provide the verification (a) The individual holds a license to teach granted by the
required under subds. 1. to 4., any other proof of the applicant’s proper authority of another state and is in good standing with the
experience approved by the department. proper authority of that state.
(6) The department shall approve or deny an application for a (b) The individual taught for at least any of the following:
license under sub. (2) no later than 45 business days after receipt 1. One year under the license granted by another state.
of the application. If the department denies the application, it shall 2. Two semesters under a license or permit issued by the
provide, in writing, the reason for the denial. If the department department or 2 semesters at a private school in this state while the
does not act within 45 business days of receiving an application individual held a license or permit issued by the department. To
for a license under sub. (2), the application shall be considered qualify under this subdivision, the school district, cooperative
approved and the applicant considered a licensed teacher until the educational service agency, charter school, or private school that
department approves or denies the application. employed the individual while the individual taught in this state
(7) Nothing in this section prohibits the department from while the individual held a license or permit issued by the depart-
granting a teaching license to teach a technical education subject ment shall notify the department that the individual successfully
or a vocational education subject under s. 118.19. completed 2 semesters of teaching experience, as defined by the
History: 2015 a. 55, 259. department by rule.
118.1915 Licensure for Junior Reserve Officer Train- (3) Notwithstanding s. 118.19 (9) and (11), the department
ing Corps instructors. (1) Notwithstanding s. 118.19 (4m), shall grant an initial administrator license to an individual who is
(6) to (9), and (12) to (14), the department shall grant a license to eligible for licensure under s. 118.19 (4) and (10) and who satisfies
an individual to provide instruction to pupils enrolled in a Junior all of the following:
Reserve Officer Training Corps program offered in the high (a) The individual holds a license granted by the proper author-
school grades if the individual is eligible for licensure under s. ity of another state that is equivalent to an administrator license
118.19 (4) and (10) and the individual satisfies all of the follow- and the individual is in good standing with the proper authority of
ing: that state.
(a) Possesses a bachelor’s degree. (b) The individual worked as an administrator under the
license granted by another state for at least one year.
(b) Successfully completed a Junior Reserve Officer Training
Corps Instructor Certification program. (4) (a) The department shall determine the subjects and
grades that a license issued under sub. (2) authorizes an individual
(2) A license under sub. (1) authorizes an individual to teach
to teach based on the subjects and grades the individual is autho-
the courses for which the individual has successfully completed
rized to teach under his or her license granted by another state and
the Junior Reserve Officer Training Corps Instructor Certification
the individual’s teaching experience.
process.
History: 2017 a. 59. (b) The department shall determine the school administrator
category under s. PI 34.32, Wis. Adm. Code, for a license issued
118.192 Professional teaching permits. (1) The state under sub. (3) and the grades to which the license applies based
superintendent shall establish an alternative teacher training pro- on the individual’s license granted by another state and the indi-
gram for music, art, foreign language, computer science, mathe- vidual’s experience as an administrator.
matics and science teachers. The program shall consist of approx- NOTE: Section PI 34.32, Wis. Adm. Code, no longer exists. Chapter PI 34,
Wis. Adm. Code, was repealed and recreated in its entirety effective 8−1−18.
imately 100 hours of formal instruction.
(5) The department shall issue a lifetime license to an individ-
(2) An individual who holds a bachelor’s degree in engineer-
ual who obtains a provisional license under sub. (2) if the individ-
ing, music, art, foreign language, computer science, mathematics
ual successfully completes 6 semesters of teaching experience, as
or science from an accredited institution of higher education, has
defined by the department by rule. An individual who does not
at least 5 years of experience as a professional in the subject area
successfully complete 6 semesters of teaching experience, as
in which his or her degree was awarded and demonstrates, to the
defined by the department by rule, within the 3−year term of a pro-
satisfaction of the state superintendent, competency in that subject
visional license issued under sub. (2) may apply to renew the pro-
area that is current and compatible with modern curricula may
visional license. There is no limit to the number of times an indi-
apply to the state superintendent for enrollment in the alternative
vidual may renew a provisional license under this subsection.
teacher training program. The state superintendent shall charge History: 2015 a. 55; 2017 a. 59; 2019 a. 43.
a fee sufficient to cover the costs of the program.
(3) The state superintendent shall grant a professional teach- 118.194 Initial license to teach; Montessori. (1) Not-
ing permit to any person who satisfactorily completes the program withstanding s. 118.19 (4m), (6) to (9), and (12) to (14), the depart-
under sub. (2). The permit authorizes the person to teach the sub- ment shall grant an initial license to teach to an individual who is
ject area specified by the state superintendent in grades kindergar- eligible for licensure under s. 118.19 (4) and (10) and who satisfies
ten to 12. The initial permit shall be valid for 2 years. During the all of the following:
initial permit period, the person shall be supervised by a person (a) Possesses a bachelor’s degree.
who holds a regular teaching license. The permit is renewable for (b) Successfully completed a teacher education program
5−year periods. accredited by the Montessori Accreditation Council for Teacher
(4) A school board that employs a person who holds a profes- Education or approved by the Association Montessori Interna-
sional teaching permit shall ensure that no regularly licensed tionale.
teacher is removed from his or her position as a result of the (c) Successfully completed an introductory course in special
employment of persons holding permits. education for which the individual earned at least 3 postsecondary
History: 1991 a. 108; 1995 a. 27 ss. 3952, 9145 (1); 1997 a. 27, 237. credits.
118.193 Licenses based on reciprocity. (1) In this sec- (d) Earned a passing score on any standardized examinations
tion, an “administrator license” means a license in a school admin- required by the state superintendent for a license to teach the same
istrator category under s. PI 34.32, Wis. Adm. Code. educational levels and subjects issued in accordance with s.
NOTE: Section PI 34.32, Wis. Adm. Code, no longer exists. Chapter PI 34, 118.19 and on an examination identical to the Foundations of
Wis. Adm. Code, was repealed and recreated in its entirety effective 8−1−18. Reading test administered in 2012 as part of the Massachusetts
(2) Notwithstanding s. 118.19 (4m), (6) to (9), and (12) to Tests for Educator Licensure.
(14), the department shall issue a provisional license to teach for (2) A license under sub. (1) authorizes an individual to teach
a term of 3 years to an individual who is eligible for licensure the educational levels for which the individual has successfully
under s. 118.19 (4) and (10) and who satisfies all of the following: completed a teacher education program described in sub. (1) (b)
at a school that uses the Montessori method as its primary method (2) A license under sub. (1) authorizes an individual to teach
of instruction. The department shall treat an initial license to teach the subject and educational levels for which the individual has
granted under sub. (1) in the same manner the state superintendent successfully completed an alternative teacher certification pro-
treats an initial license to teach granted in accordance with s. gram. The department shall treat an initial license to teach granted
118.19. under sub. (1) in the same manner the state superintendent treats
History: 2015 a. 55; 2017 a. 106. an initial license to teach granted in accordance with s. 118.19.
History: 2017 a. 59.
118.195 Discrimination against handicapped teachers
prohibited. (1) No person otherwise qualified may be denied 118.20 Teacher discrimination prohibited. (1) No dis-
a certificate or license from the state superintendent under s. crimination because of sex, except where sex is a bona fide occu-
118.19 (1) because the person is totally or partially blind, deaf or pational qualification as defined in s. 111.36 (2), race, nationality
physically handicapped nor may any school district refuse to or political or religious affiliation may be practiced in the employ-
employ a teacher on such grounds, if such handicapped teacher is ment of teachers or administrative personnel in public schools or
able to carry out the duties of the position which the person seeks. in their assignment or reassignment. No questions of any nature
(2) Any school board may request the state superintendent for or form relative to sex, except where sex is a bona fide occupa-
advice and assistance in interpreting this section. tional qualification as defined in s. 111.36 (2), race, nationality or
History: 1993 a. 492; 1995 a. 27 s. 9145 (1); 1997 a. 27. political or religious affiliation may be asked applicants for teach-
ing or administrative positions in the public schools either by pub-
118.196 Teacher development program. (1) A school lic school officials or employees or by teachers agencies or place-
board, governing body of a private school, or a charter management bureaus.
ment organization may apply to the department of workforce (2) The state superintendent or a person designated by the
development for a grant under s. 106.272 to design and implement state superintendent may receive and investigate complaints
a teacher development program that satisfies the requirements charging discrimination in employment, assignment or reassign-
under sub. (2) with an educator preparation program approved by ment of teachers or administrative personnel in the public schools
the department and headquartered in this state. and the state superintendent or designee may hold hearings, sub-
(2) (a) The school board, governing body, or charter manage- poena witnesses and take testimony to effectuate the purposes of
ment organization and the educator preparation program under this section.
sub. (1) shall design the teacher development program to prepare (3) If the state superintendent finds probable cause to believe
employees of the school district, private school, or charter man- that any discrimination prohibited by this section has been or is
agement organization who work closely with students to success- being practiced, the state superintendent shall immediately
fully complete the requirements for obtaining a permit under s. endeavor to eliminate the practice by conference, conciliation or
118.192 or an initial teaching license under s. 118.19, including persuasion. In case of failure to eliminate the discrimination, the
any standardized examination prescribed by the state superinten- state superintendent shall issue and serve a written notice of hear-
dent as a condition for permitting or licensure.
ing, specifying the nature of the discrimination which appears to
(b) To implement the teacher development program designed have been committed, and requiring the public school official,
under par. (a), the school board, governing body, and charter man- employee, teacher agency or placement bureau named, hereinaf-
agement organization shall allow employees who are enrolled in ter called the “respondent” to answer the complaint at a hearing
the program to satisfy student teaching requirements in a school before the state superintendent. The notice shall specify a time of
in the school district, in the private school, or in the charter man- hearing not less than 10 days after service of the complaint, and
agement organization, and the partnering entity under sub. (1) a place of hearing within the county in which the discrimination
shall prepare and provide intensive coursework for participating is alleged to have occurred.
employees.
(4) After hearing, if the state superintendent finds that the
(c) The school board, governing body, and charter manage- respondent has engaged in discrimination prohibited by this sec-
ment organization shall permit an individual who does not hold a tion the state superintendent shall make written findings and rec-
bachelor’s degree to enroll in a teacher development program ommend such action by the respondent as shall satisfy the pur-
developed and implemented under this section. poses of this section and shall serve a certified copy of the findings
(3) Notwithstanding s. 118.19 (3) (a), the department may and recommendations on the respondent together with an order
issue an initial teaching license to an individual who completes a requiring the respondent to comply with the recommendations.
teacher development program designed and implemented under Any person aggrieved by noncompliance with the order shall be
this section. entitled to have the order enforced specifically by suit in equity.
History: 2017 a. 59. If the state superintendent finds that the respondent has not
engaged in the alleged discrimination, the state superintendent
118.197 Initial license to teach; alternative preparation shall serve a certified copy of the state superintendent’s findings
programs. (1) Notwithstanding s. 118.19 (4m), (6) to (9), and on the complainant together with an order dismissing the com-
(12) to (14), the department shall grant an initial license to teach plaint.
to an individual who is eligible for licensure under s. 118.19 (4)
and (10) and who satisfies all of the following: (5) If any public school official, employee, teachers agency or
placement bureau violates sub. (1) or fails or refuses to obey any
(a) The individual possesses a bachelor’s degree. lawful order made by the state superintendent pursuant to this sec-
(b) The individual successfully completed an alternative tion, such person shall forfeit and pay into the state treasury not
teacher certification program operated by a nonstock, nonprofit less than $25 nor more than $50, or be imprisoned not less than 5
organization described under section 501 (c) (3) of the Internal nor more than 30 days. Such violation or failure or refusal to obey
Revenue Code that satisfies all of the following criteria: an order shall be grounds for the removal of any school district
1. The organization operates in at least 5 states. administrator, member of a school board or other public school
2. The organization has been operating an alternative teacher official. Findings and orders of the state superintendent under this
certification program for at least 10 years. section shall be subject to judicial review under ch. 227.
3. The organization requires candidates to pass a subject area (6) Upon request of the state superintendent, the attorney gen-
exam and the pedagogy exam known as the Professional Teaching eral or district attorney of the county in which any investigation,
Knowledge exam to receive a certificate under the alternative hearing or trial under this section is pending, shall aid and prose-
teacher certification. cute under supervision of the state superintendent, all necessary
actions or proceedings for the enforcement of this section and for tus, but does not include part−time teachers or teachers employed
the punishment of all violations thereof. by any board of school directors in a city of the 1st class.
(7) In administering this section the state superintendent shall (2) On or before May 15 of the school year during which a
have authority to make, amend and rescind rules necessary to teacher holds a contract, the board by which the teacher is
carry out the purposes of this section. employed or an employee at the direction of the board shall give
History: 1975 c. 94; 1977 c. 286 s. 4; 1981 c. 334 s. 25 (2); 1993 a. 492; 1995 a. the teacher written notice of renewal or refusal to renew the teach-
27 ss. 3954, 3955, 9145 (1); 1997 a. 27.
This section is not the exclusive remedy of a wronged teacher; it is supplementary
er’s contract for the ensuing school year. If no such notice is given
to the fair employment act, ch. 111. Kurtz v. City of Waukesha, 91 Wis. 2d 103, 280 on or before May 15, the contract then in force shall continue for
N.W.2d 757 (1979). the ensuing school year. A teacher who receives a notice of
renewal of contract for the ensuing school year, or a teacher who
118.21 Teacher contracts. (1) The school board shall con- does not receive a notice of renewal or refusal to renew the
tract in writing with qualified teachers. The contract, with a copy teacher’s contract for the ensuing school year on or before May
of the teacher’s authority to teach attached, shall be filed with the 15, shall accept or reject in writing such contract not later than the
school district clerk. Such contract, in addition to fixing the teach- following June 15. No teacher may be employed or dismissed
er’s wage, may provide for compensating the teacher for neces- except by a majority vote of the full membership of the board.
sary travel expense. A teaching contract with any person not Nothing in this section prevents the modification or termination
legally authorized to teach the named subject or at the named of a contract by mutual agreement of the teacher and the board.
school shall be void. All teaching contracts shall terminate if, and No such board may enter into a contract of employment with a
when, the authority to teach terminates. teacher for any period of time as to which the teacher is then under
(2) Any person who contracts to teach in any public school a contract of employment with another board.
shall file in the office of the school district administrator, within (3) At least 15 days prior to giving written notice of refusal to
10 days after entering into such contract, a statement showing the renew a teacher’s contract for the ensuing school year, the
date of expiration, if any, and the grade and character of certificate employing board shall inform the teacher by preliminary notice in
or license held. In any school district not having a school district writing that the board is considering nonrenewal of the teacher’s
administrator, the statement shall be filed with the school district contract and that, if the teacher files a request therefor with the
clerk. Teachers employed by a cooperative educational service board within 5 days after receiving the preliminary notice, the
agency shall file the statement in the office of the agency coordi- teacher has the right to a private conference with the board prior
nator. No order or warrant may be issued by the school district to being given written notice of refusal to renew the teacher’s con-
clerk in payment of the salary of any teacher, unless the teacher tract.
has complied with this subsection. History: 1971 c. 154; 1981 c. 223; 1983 a. 189; 1993 a. 399, 492; 1995 a. 27 s.
(3) School boards may provide in the contracts of teachers of 9145 (1); 1997 a. 27, 164; 2011 a. 10, 114.
agricultural and homemaking courses for payment out of school Notice of intent not to renew that part of a contract providing extra pay for extra
work as a coach is not necessary. Richards v. Sheboygan Board of Education, 58 Wis.
district funds for services performed outside the school district 2d 444, 206 N.W.2d 597 (1973).
and connected with the performance of their regular teaching Under the facts of this case, the failure to timely provide notice of the right to a pri-
duties, and for travel expenses connected with such services. vate conference under sub. (3) did not provide sufficient grounds to issue a writ of
mandamus. Rawhouser v. CESA No. 4, 75 Wis. 2d 52, 248 N.W.2d 442 (1977).
(4) School boards may give to any teacher, without deduction In the absence of evidence of a school board’s bias, the trial court had no jurisdic-
from the teacher’s wages, the whole or part of any time spent by tion to hold a de novo hearing regarding the competence of a teacher facing nonre-
the teacher in attending a teachers’ educational convention, upon newal under sub. (3). Naus v. Sheboygan Falls Joint School District No. 1, 76 Wis.
2d 104, 250 N.W.2d 725 (1977).
the teacher’s filing with the school district clerk a certificate of Arbitration was proper under a “discharge and nonrenewal” clause in a collective
attendance at the convention, signed by the person or secretary of bargaining agreement when the school board did not offer teacher a second contract
the association conducting the convention. after rejecting a contract that was signed and returned by the teacher with the title
History: 1979 c. 301; 1993 a. 492; 2017 a. 59. “probationary contract” crossed out. Jefferson Joint School Dist. No. 10 v. Jefferson
Cross−reference: See s. 118.22 (2) for requirement that majority vote of full board Education Ass’n, 78 Wis. 2d 94, 253 N.W.2d 536 (1977).
membership is required for employment of a teacher. Under sub. (2), a board has the exclusive right to hire and fire a teacher. Due
A collective bargaining provision that releases only teacher members of a majority process does not require that the board be an impartial decisionmaker. Hortonville
union from in−service days to attend, with pay, a state convention of the union is dis- Education Ass’n v. Hortonville Joint School District No. 1, 87 Wis. 2d 347, 274
criminatory, but the school board can deny compensation to minority union members N.W.2d 697 (1979).
who attend a regional convention of their union if they do so in good faith. Board of An employment contract that recites that a teacher’s employment will not be
Education v. WERC, 52 Wis. 2d 625, 191 N.W.2d 242 (1971). renewed cannot be construed as a waiver of rights granted by this section. There is
A teacher’s lack of legal authority to teach assigned courses, although known to a presumption of good faith applicable to a board’s decisions. Faust v. Ladysmith−
the school board at time of hiring and subsequent assignments, was sufficient ground Hawkins School Systems, 88 Wis. 2d 525, 277 N.W.2d 303, 281 N.W.2d 611 (1979).
for dismissal despite the fact that school superintendent repeatedly assured the The layoff of a teacher is not the equivalent of a “refusal to renew” when a collec-
teacher that the certification problem was an administrative omission that would be tive bargaining agreement under s. 111.70 contains layoff provisions incorporated in
cured by the board. Grams v. Melrose−Mindoro Jt. School Dist. No. 1, 78 Wis. 2d the teacher’s contract. Mack v. Joint School District No. 3, Hales Corners, 92 Wis.
569, 254 N.W.2d 730 (1977). 2d 476, 285 N.W.2d 604 (1979).
An individual teacher’s contract under this section and s. 118.22 is subservient to Arbitrators appointed pursuant to the grievance procedure contained in a collective
a collective bargaining contract under s. 111.70. 60 Atty. Gen. 342. bargaining agreement properly held a de novo factual hearing to determine whether
School boards have authority to contract with teachers to provide for an increment just cause existed for the school board to terminate a teacher. Fortney v. School Dis-
or sum in addition to their regular salary in return for the teacher choosing an early trict of West Salem, 108 Wis. 2d 167, 321 N.W.2d 255 (1982).
retirement option. 63 Atty. Gen. 16. A teacher who forgot to accept an employment offer under sub. (2) and who was
Even though a teacher was properly dismissed for an admitted violation of school consequently terminated did not voluntarily terminate employment under s. 108.04
rules, she was entitled to a due process hearing on other charges affecting her reputa- (7). Nelson v. LIRC, 123 Wis. 2d 221, 365 N.W.2d 629 (Ct. App. 1985).
tion as a teacher. Carpenter v. Greenfield School Dist. No. 6, 358 F Supp. 220 (1973). Sub. (2) requires written notice of nonrenewal. A district must follow the explicit
written notice requirement. Sterlinske v. School District of Bruce, 211 Wis. 2d 608,
565 N.W.2d 273 (Ct. App. 1997), 96−2624.
118.22 Renewal of teacher contracts. (1) In this section:
A “private conference” under sub. (3) on nonrenewal of teacher’s contract is a
(a) “Board” means a school board, technical college district “meeting” within s. 19.82 (2). 66 Atty. Gen. 211.
board, board of control of a cooperative educational service Civil rights; academic freedom; refusal to hire a nontenure teacher for a constitu-
agency or county children with disabilities education board, but tionally impermissible reason. 1970 WLR 162.
Fairness of a hearing before a school board on nonrenewal of a teacher’s contract.
does not include any board of school directors in a city of the 1st 1971 WLR 354.
class.
(b) “Teacher” means any person who holds a teacher’s certifi- 118.223 Collective bargaining. Except as provided under
cate or license issued by the state superintendent or a classification subch. IV of ch. 111, no school board may collectively bargain
status under the technical college system board and whose legal with its employees.
employment requires such certificate, license or classification sta- History: 2011 a. 10.
118.225 Teacher evaluations. A school board may use cies. Such reinstatement shall not result in a loss of credit for pre-
value−added analyses of scores on the examinations administered vious years of service. No new permanent or substitute appoint-
to pupils under s. 118.30 and 20 USC 6311 (b) (2) to evaluate ments may be made while there are laid off permanent teachers
teachers if the school board has developed a teacher evaluation available who are qualified to fill the vacancies.
plan that includes all of the following: (6) This section does not apply after December 21, 1995. Any
(1) A description of the evaluation process. person whose employment is permanent under sub. (3) on Decem-
(2) Multiple criteria in addition to examination results. ber 21, 1995, shall retain all of the rights and privileges of such
(3) The rationale for using examination results to evaluate permanent employment after that date.
History: 1971 c. 154; 1979 c. 89; 1981 c. 223; 1983 a. 391; 1993 a. 492; 1995 a.
teachers. 111; 2011 a. 10; 2017 a. 207 s. 5.
(4) An explanation of how the school board intends to use the Layoff and reinstatement provisions in this section are to be applied separately to
evaluations to improve pupil academic achievement. classroom teachers and principals. 70 Atty. Gen. 6.
History: 2009 a. 60; 2011 a. 105; 2017 a. 36.
118.235 Lunch period for teachers. Every school board
118.23 Populous counties; teacher tenure. (1) In this shall grant daily a duty−free lunch period to each of its teachers,
section “teacher” means any person who holds a teacher’s certifi- except that a school district may contract with any teacher
cate or license and whose legal employment requires such certifi- employed by it for services during such period. Such period shall
cate or license, who is employed full time and meets the minimum be not less than 30 minutes and shall be provided at or near the
requirements prescribed by the governing body employing such time of the regular school lunch period.
person and who is employed by a school board, board of trustees
or governing body of any school operating under chs. 115 to 121 118.24 School district administrator. (1) A school board
and lying entirely and exclusively in a county having a population may employ a school district administrator, a business manager
of 750,000 or more. “Teacher” does not include any superinten- and school principals and assistants to such persons. The term of
dent or assistant superintendent; any teacher having civil service each employment contract may not exceed 2 years. A contract for
status under ss. 63.01 to 63.17; any teacher in a public school in a term of 2 years may provide for one or more extensions of one
a 1st class city; or any person who is employed by a school board year each.
during time of war as a substitute for a teacher on leave while on (2) (a) Under the direction of the employing school board, the
full−time duty in the U.S. armed forces or any reserve or auxiliary school district administrator shall have general supervision and
thereof and who is notified in writing at the time of employment management of the professional work of the schools and the pro-
that the position is of a temporary nature. motion of pupils.
(2) All teachers shall be employed on probation, but after con- (b) The school district administrator shall not be a member of
tinuous and successful probation for 3 years and the gaining of the the school board and shall not engage in any pursuit which inter-
4th contract in the same school system or school, their employ- feres with the proper discharge of the duties.
ment shall be permanent except as provided in sub. (3). All princi- (c) The school district administrator shall make written recom-
pals shall be employed on probation, but after continuous and suc- mendations to the school board on teachers, courses of study, dis-
cessful probation for 3 years and the gaining of a 4th contract in cipline and such other matters as the administrator thinks advisa-
the same school system or school, their employment shall be per- ble and shall perform such other duties as the school board
manent except as provided in sub. (3). Upon accepting employ- requires.
ment in another school system or school to which this section (d) The school district administrator may act as principal or
applies, a teacher who has acquired permanent employment under teacher in any school under the administrator’s supervision.
this section shall be on probation therein for 2 years. After contin-
uous and successful probation for 2 years and gaining the 3rd con- (f) The school district administrator shall ensure that the
tract in such school system or school, employment therein shall be administrative and pupil service staff in the district cooperate with
permanent except as provided in sub. (3). A person who acquired the county department under s. 51.42 in the dissemination of
tenure as a teacher under this section shall not be deprived of ten- information regarding the availability of alcohol and drug abuse
ure as a teacher by reason of the person’s employment as a princi- services and to jointly establish procedures for the referral to
pal. appropriate agencies of students experiencing problems resulting
from the use of alcohol or other drugs.
(3) No teacher who has become permanently employed under
this section may be refused employment, dismissed, removed or (3) The principal shall perform such administrative and
discharged, except for inefficiency or immorality, for willful and instructional leadership responsibilities as are assigned by the dis-
persistent violation of reasonable regulations of the governing trict administrator under the rules and regulations of the school
body of the school system or school or for other good cause, upon board.
written charges based on fact preferred by the governing body or (4) A business administrator shall perform such fiscal and
other proper officer of the school system or school in which the business management and other administrative duties as are
teacher is employed. Upon the teacher’s written request and no assigned by the district administrator subject to the rules, regula-
less than 10 nor more than 30 days after receipt of notice by the tions and approval of the school board.
teacher, the charges shall be heard and determined by the govern- (5) School principals and business administrators, and assist-
ing body of the school system or school by which the teacher is ants thereto, may, upon authorization from the school board or dis-
employed. Hearings shall be public when requested by the teacher trict administrator, attend conventions for the purpose of promot-
and all proceedings thereat shall be taken by a court reporter. All ing and stimulating their professional growth and for improving
parties shall be entitled to be represented by counsel at the hearing. the schools of the district and the state. For such approved attend-
The action of the governing body is final. ance they may be reimbursed for actual and necessary expenses
(4) If necessary to decrease the number of permanently incurred for travel, board, lodging and attendance at such conven-
employed teachers by reason of a substantial decrease of pupil tions upon proper filing of proof of attendance and of such neces-
population within the school district, the governing body of the sary expenditures.
school system or school may lay off the necessary number of (6) The employment contract of any person described under
teachers, but only in the inverse order of the appointment of such sub. (1) shall be in writing and filed with the school district clerk.
teachers. No permanently employed teacher may be prevented At least 4 months prior to the expiration of the employment con-
from securing other employment during the period that the teacher tract, the employing school board shall give notice in writing of
is laid off under this subsection. Such teachers shall be reinstated either renewal of the contract or of refusal to renew such person’s
in inverse order of their being laid off, if qualified to fill the vacan- contract. If no such notice is given, the contract then in force shall
continue in force for 2 years. Any such person who receives notice trict] receive a total increase on wages from $....[current total base
of renewal or who does not receive notice of renewal or refusal to wages] to $....[proposed total base wages], which is a percentage
renew the person’s contract at least 4 months before the contract wage increase that is .... [x] percent higher than the percent of the
expiration shall accept or reject the contract in writing on or before consumer price index increase, for a total percentage increase in
a date 3 months prior to the contract expiration. No such person wages of .... [x]?”
may be employed or dismissed except by a majority vote of the History: 2011 a. 10.
full membership of the school board. Nothing in this section pre- This section does not violate the plaintiffs’ associational rights. No matter the limi-
tations or burdens a legislative enactment places on the collective bargaining process,
vents the modification or termination of an employment contract collective bargaining remains a creation of legislative grace and not constitutional
by mutual agreement of the parties. No school board may enter obligation. The restrictions attached to the statutory scheme of collective bargaining
into a contract of employment with any such person for a period are irrelevant in regards to freedom of association because no condition is being
placed on the decision to participate. If a general employee participates in collective
of time as to which such person is then under a contract of employ- bargaining under 2011 Wis. Act 10’s statutory framework, that general employee has
ment with another school board. not relinquished a constitutional right. They have only acquired a benefit to which
they were never constitutionally entitled. Madison Teachers, Inc. v. Walker, 2014 WI
(7) Prior to giving notice of refusal to renew the contract of 99, 358 Wis. 2d 1, 851 N.W.2d 337, 12−2067.
any person described under sub. (1), the employing board shall
give such person preliminary notice in writing by registered mail 118.25 Health examinations. (1) In this section:
at least 5 months prior to the expiration of such contract that the
board is considering nonrenewal of the contract, and that if such (a) “Practitioner” means a person licensed as a physician or as
person files a written request with the board within 7 days after a physician assistant in any state or licensed or certified as an
receiving such notice, the person has the right to a hearing before advanced practice nurse prescriber in any state. In this paragraph,
the board prior to being given written notice of refusal to renew “physician” has the meaning given in s. 448.01 (5).
the contract. The written request for a hearing shall include a (b) “School employee” means a person employed by a school
statement requesting either a private hearing or a public hearing board who comes in contact with children or who handles or pre-
before the board. Section 118.22 does not apply to such a proceed- pares food for children while they are under the supervision of
ing. If a hearing concerning nonrenewal of the contract is school authorities.
requested, the reasons upon which the board is considering nonre- (2) (a) 1. Subject to par. (b), a school board shall, as a condi-
newal may also be requested and the board shall furnish such rea- tion of employment, require a physical examination of every
sons before the hearing in writing. school employee of the school district. The school board shall
(8) Personnel administrators and supervisors, curriculum ensure that the physical examination includes a screening ques-
administrators and assistants to such administrative personnel, tionnaire for tuberculosis approved by the department of health
when employed by the school board of any school district to per- services and, if indicated, a test to determine the presence or
form administrative duties only, may be employed for a term that absence of tuberculosis in a communicable form. Freedom from
does not exceed 2 years. A contract for a term of 2 years may pro- tuberculosis in a communicable form is a condition of employ-
vide for one or more extensions of one year each. Subsections (5) ment. The school employee shall be examined by a practitioner
to (7) are applicable to such persons when they are employed to in the employ of or under contract with the school district, but if
perform administrative duties only. a practitioner is not employed or under contract, the examination
(9) Nothing in this section shall be construed: shall be made by a practitioner selected by the school employee.
(a) To prohibit the school board of any district from hiring 2. The school board may require a school employee to com-
part−time administrative personnel; or plete additional health examinations, including physical examina-
(b) To prohibit the employment relations commission from tions and an examination consisting of a screening questionnaire
making a determination that persons hired as part−time adminis- for tuberculosis approved by the department of health services, at
trative personnel shall be included in the collective bargaining intervals determined by the school board. A screening question-
unit of persons hired as teachers and shall be covered by the terms naire administered as permitted under this subdivision may be
of a collective bargaining agreement which exists pursuant to s. administered by a school nurse or by a registered nurse selected
111.70. by the school employee and licensed under s. 441.06 or in a party
(10) No principal or assistant principal may be granted tenure state, as defined in s. 441.50 (2) (j).
NOTE: Section 441.50 was repealed by 2017 Wis. Act 135 and replaced by s.
or permanent employment. 441.51. Corrective legislation is pending.
History: 1975 c. 379, 421; 1979 c. 331; 1983 a. 317; 1985 a. 176; 1993 a. 16; 1995
a. 27, 50; 2009 a. 215. (b) The school board may not require physical examinations
The school board and district under sub. (3) can require a principal to perform of any school employee who files with the school board an affida-
administrative responsibilities as long as their performance does not modify the terms vit setting forth that the employee depends exclusively upon
of an employment contract. Kabes v. School District of River Falls, 2004 WI App
55, 270 Wis. 2d 502, 677 N.W.2d 667, 03−0522. prayer or spiritual means for healing in accordance with the teach-
Due process does not require that an outside decisionmaker conduct the hearing ings of a bona fide religious sect, denomination, or organization
provided for under sub. (7). Beischel v. Stone Bank School District, 362 F.3d 430
(2004). and that the employee is to the best of the employee’s knowledge
The statutes do not support the existence of a school principal’s property interest and belief in good health and that the employee claims exemption
in performing specific duties. Ulichny v. Merton Community School District, 93 F. from health examination on these grounds. Notwithstanding the
Supp. 2d 1011 (2000).
Affirmed. 249 F.3d 686 (2001). filing of such affidavit, if there is reasonable cause to believe that
such employee is suffering from an illness detrimental to the
118.245 Referendum; increase in employee wages. health of the pupils, the school board may require a health exami-
(1) If a school board wishes to increase the total base wages of its nation of such school employee sufficient to indicate whether or
employees in an amount that exceeds the limit under s. 111.70 (4) not such school employee is suffering from such an illness. No
(mb) 2., the school board shall adopt a resolution to that effect. school employee may be discriminated against by reason of the
The resolution shall specify the amount by which the proposed employee’s filing such affidavit.
total base wages increase will exceed the limit under s. 111.70 (4) (c) 1. A practitioner performing a physical examination under
(mb) 2. The resolution may not take effect unless it is approved par. (a) shall complete a report of the examination upon a standard
in a referendum called for that purpose. The referendum shall form prepared by the department of health services. The practi-
occur in April for collective bargaining agreements that begin in tioner shall retain a copy of the report in his or her files and shall
July of that year. The results of a referendum apply to the total make confidential recommendations therefrom to the school
base wages only in the next collective bargaining agreement. board and to the school employee on a form prepared by the
(2) The question submitted in the referendum shall be sub- department of health services. The recommendation form shall
stantially as follows: “Shall the employees in the .... [school dis- contain space for a certificate that the person examined by the
practitioner appears to be free from tuberculosis in a communica- school district receiving such services, although each child may
ble form. receive health treatment services within the child’s own school
2. A registered nurse or school nurse administering a screen- facilities, whether public, private, or tribal.
ing questionnaire under par. (a) 2. shall provide a copy of the (b) A school board, cooperative educational service agency, or
screening questionnaire to the school board and shall make confi- county children with disabilities education board providing ser-
dential recommendations therefrom to the school board and to the vices under this section may enter into agreements with the
school employee on a form prepared by the department of health administrator of a private school or tribal school on the schedul-
services. The screening questionnaire shall contain space for a ing, space, and other necessary arrangements for performance of
certificate that the person examined by the registered nurse or such health treatment services. A school board, cooperative edu-
school nurse does not have risk factors for tuberculosis. If tuber- cational service agency, or county children with disabilities edu-
culosis risk factors are identified on the screening questionnaire, cation board shall not pay any private school or tribal school for
the registered nurse or school nurse shall recommend that the per- any services or facilities provided under this section. Control of
son receive a test from a practitioner to determine the presence or the health treatment services program shall rest with the public
absence of tuberculosis in a communicable form. If a test to deter- school board, cooperative educational service agency, or county
mine the presence or absence of tuberculosis in a communicable children with disabilities education board.
form is recommended of the person, and if the test indicates the (c) A school board, cooperative educational service agency, or
absence of tuberculosis in a communicable form, the practitioner county children with disabilities education board may provide
who administers the test shall certify, on a form prepared by the health treatment services only within private school or tribal
department of health services, that the person appears to be free school facilities located within the boundaries of the school dis-
from tuberculosis in a communicable form. trict, cooperative educational service agency, or county.
3. The school board shall pay the cost of the examinations (3) The school board, cooperative educational service agency
required under par. (a), including X−rays and tuberculin tests if or county children with disabilities education board maintaining
needed, out of school district funds. health treatment services shall report annually to the department,
(3) In counties having a population of less than 750,000, the and at such other times as the department directs, such information
school board may require periodic health examinations of pupils as the department requires.
by physicians, under the supervision of local health departments (4) If the state superintendent is satisfied that the health treat-
and the department of health services, and may pay the cost of the ment services program has been maintained during the preceding
examinations out of school district funds. school year in accordance with law, the state superintendent shall
(4) If a health or physical examination made under this section certify to the department of administration in favor of each school
includes the testing of vision, such test may be made by an optom- board, cooperative educational service agency and county chil-
etrist. Forms used for reporting such vision tests shall so indicate. dren with disabilities education board maintaining such health
(5) As a condition of employment, special teachers, school treatment services, an amount equal to the amount expended for
psychologists, school social workers, cooperative educational items listed in s. 115.88 (1m) by the school board, cooperative
service agency personnel and other personnel working in public educational service agency and county children with disabilities
schools shall have physical examinations under sub. (2). The education board during the preceding year for these health treat-
employing school district or agency shall pay the cost of such ment services as costs eligible for reimbursement from the appro-
examinations. priation under s. 20.255 (2) (b).
History: 1973 c. 307; 1977 c. 83; 1981 c. 317; 1983 a. 27; 1983 a. 189 s. 329
(6) As a condition of employment, employees of the state (17m); 1983 a. 512; 1987 a. 27, 338; 1993 a. 492; 1995 a. 27; 1997 a. 27, 164; 1999
superintendent whose work brings them into contact with school a. 9; 2009 a. 302.
children or with school employees shall have physical examina- This section authorizes local school districts to provide health and welfare ser-
vices, but not educational services, to students attending private schools; it may be
tions under sub. (2). unconstitutional to the extent that any of the services authorized thereby are rendered
History: 1979 c. 221, 301; 1993 a. 27, 492; 1995 a. 27 ss. 9126 (19), 9145 (1); in church−affiliated private schools. 64 Atty. Gen. 75.
1997 a. 27; 2007 a. 20 s. 9121 (6) (a); 2017 a. 107; 2017 a. 207 s. 5; 2017 a. 364 s.
49.
118.257 Liability for referral to police. (1) In this section:
118.255 Health treatment services for children with (a) “Controlled substance” has the meaning specified in s.
special physical or mental health treatment needs. 961.01 (4).
(1) (a) Under this section “physical or mental health treatment (am) “Controlled substance analog” has the meaning given in
services” means treatment for physical or orthopedic disability, s. 961.01 (4m).
developmental disability, emotional disturbance, hearing impair- (at) “Delivery” has the meaning given in s. 961.01 (6).
ment, visual disability, speech or language disability; and includes (b) “Distribute” has the meaning specified in s. 961.01 (9).
itinerant services such as evaluative and diagnostic services. (c) “Pupil services professional” means a school counselor,
(b) Words and phrases used in this section which are identical school social worker, school psychologist or school nurse.
to words and phrases defined in s. 115.76 shall be given the mean- (d) “School” means a public, parochial, private, or tribal
ing contained in s. 115.76. school which provides an educational program for one or more
(2) (a) If a school board, cooperative educational service grades between grades 1 and 12 and which is commonly known
agency, or county children with disabilities education board pro- as an elementary school, middle school, junior high school, senior
vides physical or mental health treatment services to its pupils, it high school, or high school.
may also provide such services within the private school or tribal (2) A school administrator, principal, pupil services profes-
school facilities to those private school or tribal school pupils who sional or teacher employed by a school board is not liable for refer-
are referred to the public school board, cooperative educational ring a pupil enrolled in the school district to law enforcement
service agency, or county children with disabilities education authorities, or for removing a pupil from the school premises or
board by the administrator of a private school or tribal school for from participation in a school−sponsored activity, for suspicion of
evaluation for possible servicing. There shall be no charge for possession, distribution, delivery or consumption of an alcohol
health treatment services provided to any pupils unless public beverage or a controlled substance or controlled substance analog.
school students or their parents are charged for similar services. History: 1979 c. 331; 1981 c. 79 s. 17; 1983 a. 373; 1987 a. 170; 1995 a. 448; 2009
For purposes of state aid, as it is provided under s. 115.88 to the a. 302.
public school district, for the health treatment service program,
private school and tribal school pupils receiving such health treat- 118.258 Electronic communication devices prohib-
ment services shall be counted among the pupils of the public ited. (1) Each school board may adopt rules prohibiting a pupil
from using or possessing an electronic communication device (b) “Drug” means any substance recognized as a drug in the
while on premises owned or rented by or under the control of a official U.S. pharmacopoeia and national formulary or official
public school. homeopathic pharmacopoeia of the United States or any supple-
(2) Annually, if the school board adopts rules under sub. (1), ment to either of them.
it shall provide each pupil enrolled in the school district with a (bg) “Drug product” means a specific drug or drugs in a spe-
copy of the rules. cific dosage form and strength from a known source of manufac-
History: 1989 a. 121; 1995 a. 27 s. 9145 (1); 1997 a. 27; 2005 a. 220. ture.
(bm) “Epinephrine auto−injector” means a device used for the
118.26 Claim against school district. No action may be automatic injection of epinephrine into the human body.
brought or maintained against a school district upon a claim or
cause of action unless the claimant complies with s. 893.80. This (c) “Health care professional” means a person licensed as an
section does not apply to actions commenced under s. 19.37, emergency medical services practitioner under s. 256.15, a person
19.97 or 281.99. certified as an emergency medical responder under s. 256.15 (8)
History: 1977 c. 285; 1979 c. 323 s. 33; 1995 a. 158; 1997 a. 27. or any person licensed, certified, permitted or registered under
VTAE [technical college] districts are school districts under this section. Binder chs. 441 or 446 to 449.
v. Madison, 72 Wis. 2d 613, 241 N.W.2d 613 (1976). (d) “High degree of negligence” means criminal negligence,
as defined in s. 939.25 (1).
118.27 Gifts and grants. (1) In this section, “community
foundation” means a charitable organization, described in section (dm) “Nonprescription drug product” means any nonnarcotic
501 (c) (3) of the Internal Revenue Code and exempt from federal drug product which may be sold without a prescription order and
income tax under section 501 (a) of the Internal Revenue Code, which is prepackaged for use by consumers and labeled in accord-
dedicated to encouraging and assisting charitable activities and ance with the requirements of state and federal law.
enterprises in a designated community in this state and having (dr) “Opioid antagonist” has the meaning given in s. 450.01
expertise in finance, fund development, and grantmaking. (13v).
(2) The school board of a district may receive, accept, and use (dt) “Opioid−related drug overdose” has the meaning given in
gifts or grants of furniture, books, equipment, supplies, moneys, s. 256.40 (1) (d).
securities, or other property, real or personal, used or useful for (e) “Practitioner” means any physician, dentist, optometrist,
school research and educational purposes. All moneys received physician assistant, advanced practice nurse prescriber, or podia-
as gifts or grants shall be placed in the school district treasury but trist licensed in any state.
shall be considered segregated trust funds. Whenever a school (f) “Prescription drug” has the meaning specified in s. 450.01
board receives gifts or grants under this section, it shall make such (20).
use thereof, or invest the same in the case of moneys, as the donor (2) AUTHORITY TO ADMINISTER DRUGS; CIVIL LIABILITY EXEMP-
or grantor specifies. In the absence of any specific direction as to TION. (a) Notwithstanding chs. 441, 447, 448, and 450, a school
the use of such gifts or grants by a donor or grantor, the school bus operator validly authorized under ss. 343.12 and 343.17 (3)
board may determine the use of or invest the same in accordance (c) to operate the school bus he or she is operating, any school
with the law applicable to trust investments, or may, subject to sub.
employee or volunteer, county children with disabilities educa-
(3), transfer any such gift or grant to a community foundation. In
tion board employee or volunteer or cooperative educational ser-
the use, control, or investment of such gifts or grants, the school
vice agency employee or volunteer authorized in writing by the
board may exercise the rights and powers generally conferred
administrator of the school district, the board or the agency,
upon trustees.
respectively, or by a school principal, any private school
(3) A school board may transfer a gift or grant to a community employee or volunteer authorized in writing by a private school
foundation only if the school board and the community foundation administrator or private school principal, and any tribal school
agree, in writing and at the time of the transfer of the gift or grant, employee or volunteer authorized in writing by a tribal school
to each of the following: administrator or tribal school principal:
(a) The community foundation agrees to make disbursements 1. a. Except as provided in subd. 1. b., may administer any
from and of the gift or grant to the school board upon the written nonprescription drug product which may lawfully be sold over the
request of the school board. counter without a prescription to a pupil in compliance with the
(b) Subject to par. (bm), the school board retains control over written instructions of the pupil’s parent or guardian if the pupil’s
the manner in which any disbursement made under par. (a) is used. parent or guardian consents in writing. If the nonprescription drug
(bm) The school board’s use of any disbursement made under product is supplied by the pupil’s parent or guardian, the nonpre-
par. (a) shall be consistent with the intent of the donor of the gift, scription drug product shall be supplied in the original manufac-
bequest, or endowment and with the agreement between the turer’s package, and the package must list the ingredients and rec-
school board and the community foundation. ommended therapeutic dose in a legible format.
(c) The school board exercises its rights over the use of each b. May administer a nonprescription drug product to a pupil
disbursement made under par. (a) in accordance with the law in a dosage other than the recommended therapeutic dose only if
applicable to trust investments. the request to do so is accompanied by the written approval of the
History: 2011 a. 163. pupil’s practitioner.
Except for moneys transferred under s. 66.30 (2m) (e) [now s. 36.11 (19) (e)], a
district must act as trustee of moneys received under this section. 74 Atty. Gen. 45. 2. May administer a prescription drug to a pupil in compliance
with the written instructions of a practitioner if the pupil’s parent
118.28 Community action agencies. The school board of or guardian consents in writing; the prescription drug is supplied
a school district may appropriate funds for promoting and assist- in the original pharmacy−labeled package; and the package speci-
ing any community action agency under s. 49.37, 1997 stats. fies the name of the pupil, the name of the prescriber, the name of
History: 1977 c. 29; 1983 a. 27 s. 2200 (20); 1995 a. 27; 1999 a. 185. the prescription drug, the dose, the effective date, and the direc-
tions in a legible format.
118.29 Administration of drugs and emergency care. 2g. May administer an opioid antagonist to any pupil or other
(1) DEFINITIONS. In this section: person who appears to be undergoing an opioid−related drug over-
(a) “Administer” means the direct application of a nonpre- dose if, as soon as practicable, the school bus operator, employee,
scription drug product or prescription drug, whether by injection, or volunteer reports the drug overdose by dialing the telephone
ingestion or other means, to the human body. number “911” or, in an area in which the telephone number “911”
is not available, the telephone number for an emergency medical (4m) APPLICABILITY TO TRIBAL SCHOOL EMPLOYEES. The
service provider. immunity under sub. (2) applies to a tribal school employee,
2m. Except for epinephrine administered under subd. 2., may administrator, or volunteer only if the governing body of the tribal
use an epinephrine auto−injector to administer epinephrine to any school has adopted a written policy that complies with sub. (4).
pupil who appears to be experiencing a severe allergic reaction if, (5) EXEMPTION. No employee except a health care profes-
as soon as practicable, the school bus operator, employee or vol- sional may be required to administer a nonprescription drug prod-
unteer reports the allergic reaction by dialing the telephone num- uct or prescription drug to a pupil under this section by any means
ber “911” or, in an area in which the telephone number “911” is other than ingestion.
not available, the telephone number for an emergency medical (6) TRAINING. (a) Notwithstanding sub. (2) (a) 1. to 2r., and
service provider. subject to pars. (b) and (c), no school bus driver, employee, or vol-
2r. Except for glucagon administered under subd. 2., may unteer may administer any of the following nonprescription drug
administer glucagon to any pupil who the school bus driver, products or prescription drugs unless he or she has received train-
employee, or volunteer knows is diabetic and who appears to be ing, approved by the department, in administering these nonpre-
experiencing a severe low blood sugar event with altered con- scription drug products and prescription drugs:
sciousness if, as soon as practicable, the school bus operator, 1. A nonprescription drug product or prescription drug prod-
employee, or volunteer reports the event by dialing the telephone uct that must be injected into a pupil.
number “911” or, in an area in which the telephone number “911” 2. A nonprescription drug product or prescription drug prod-
is not available, the telephone number for an emergency medical uct that must be inhaled by a pupil.
service provider.
3. A nonprescription drug product or prescription drug prod-
3. Subject to sub. (4m), is immune from civil liability for his
uct that must be rectally administered to a pupil.
or her acts or omissions in administering a nonprescription drug
product or prescription drug to a pupil under subd. 1., 2., 2m., or 4. A nonprescription drug product or prescription drug prod-
2r. or to a pupil or other person under subd. 2g. unless the act is uct that must be administered into a nasogastric tube.
in violation of sub. (6) or the act or omission constitutes a high 5. A nonprescription drug product or prescription drug prod-
degree of negligence. This subdivision does not apply to health uct that must be administered into a gastrostomy tube.
care professionals. 6. A nonprescription drug product or prescription drug prod-
(b) Subject to sub. (4m), any school district administrator, uct that must be administered into a jejunostomy tube.
county children with disabilities education board administrator, (b) This subsection does not apply to health care professionals.
cooperative educational service agency administrator, public, pri- (c) The training required under par. (a) need not be approved
vate, or tribal school principal, or private or tribal school adminis- by the department when the training is completed by a school bus
trator who authorizes an employee or volunteer to administer a driver that transports only pupils enrolled in a private school, an
nonprescription drug product or prescription drug to a pupil under employee of a private school, or a volunteer in or for a private
par. (a) is immune from civil liability for the act of authorization school.
unless it constitutes a high degree of negligence or the administra- History: 1983 a. 334; 1985 a. 146 s. 8; 1985 a. 218; 1987 a. 14, 399; 1989 a. 56,
tor or principal authorizes a person who has not received the 102, 105; 1991 a. 103; 1997 a. 164; 1999 a. 56, 126; 2001 a. 16, 83; 2007 a. 130; 2009
required training under sub. (6) to administer a nonprescription a. 160, 302; 2011 a. 86, 260; 2017 a. 12, 29, 135.
drug product or prescription drug to a pupil.
118.291 Asthmatic pupils; possession and use of
(3) EMERGENCY CARE; CIVIL LIABILITY EXEMPTION. Any school
inhalers. (1g) In this section:
bus operator validly authorized under ss. 343.12 and 343.17 (3)
(c) to operate the school bus he or she is operating and any public, (a) “Asthma” means a chronic inflammatory disease of the air-
private, or tribal school employee or volunteer, county children ways, characterized by airway obstruction, which is at least par-
with disabilities education board employee or volunteer, or coop- tially reversible and which manifests as increased bronchial
erative educational service agency employee or volunteer, other responsiveness to a variety of stimuli.
than a health care professional, who in good faith renders emer- (b) “School” includes a public, private, and tribal school.
gency care to a pupil of a public, private, or tribal school is (1r) While in school, at a school−sponsored activity or under
immune from civil liability for his or her acts or omissions in ren- the supervision of a school authority, an asthmatic pupil may pos-
dering such emergency care. The immunity from civil liability sess and use a metered dose inhaler or dry powder inhaler if all of
provided under this subsection is in addition to and not in lieu of the following are true:
that provided under s. 895.48 (1). (a) The pupil uses the inhaler before exercise to prevent the
(4) WRITTEN POLICIES. Any school board, county children onset of asthmatic symptoms or uses the inhaler to alleviate asth-
with disabilities education board, cooperative educational service matic symptoms.
agency or governing body of a private school whose employees (b) The pupil has the written approval of the pupil’s physician
or volunteers may be authorized to administer nonprescription and, if the pupil is a minor, the written approval of the pupil’s par-
drug products or prescription drugs to pupils under this section ent or guardian.
shall adopt a written policy governing the administration of non-
prescription drug products and prescription drugs to pupils. In (c) The pupil has provided the school principal with a copy of
developing the policy, the school board, board, agency or govern- the approval or approvals under par. (b).
ing body shall seek the assistance of one or more school nurses (2) (a) No school district, school board or school district
who are employees of the school board, board, agency or govern- employee is civilly liable for injury to a pupil caused by a school
ing body or are providing services or consultation under s. 121.02 district employee who prohibits a pupil from using an inhaler
(1) (g). The policy shall include procedures for obtaining and fil- because of the employee’s good faith belief that the requirements
ing in the school or other appropriate facility the written instruc- of sub. (1r) had not been satisfied or who allows a pupil to use an
tions and consent required under sub. (2) (a), for the periodic inhaler because of the employee’s good faith belief that the
review of such written instructions by a registered nurse who is requirements of sub. (1r) had been satisfied.
licensed under s. 441.06 or who holds a multistate license, as (b) No private school or private school employee is civilly
defined in s. 441.51 (2) (h), issued in a party state, as defined in liable for injury to a pupil caused by a private school employee
s. 441.51 (2) (k), for the storing of nonprescription drug products who prohibits a pupil from using an inhaler because of the
and prescription drugs, and for record keeping, including docu- employee’s good faith belief that the requirements of sub. (1r) had
menting the administration of each dose, including errors. not been satisfied or who allows a pupil to use an inhaler because
of the employee’s good faith belief that the requirements of sub. to perform the activities under sub. (4). The governing body of a
(1r) had been satisfied. school may not adopt a plan unless it has been approved by a phy-
(c) No tribal school or tribal school employee is civilly liable sician.
for injury to a pupil caused by a tribal school employee who pro- (b) The governing body of a school that has adopted a plan
hibits a pupil from using an inhaler because of the employee’s under par. (a) shall make the plan available on the governing
good faith belief that the requirements of sub. (1r) had not been body’s Internet site or the Internet site of each school under its
satisfied or who allows a pupil to use an inhaler because of the jurisdiction or, if an Internet site does not exist, give a copy of the
employee’s good faith belief that the requirements of sub. (1r) had plan to any person upon request.
been satisfied. (3) PRESCRIPTIONS FOR SCHOOLS. A physician, an advanced
History: 1997 a. 77; 2005 a. 398; 2009 a. 302. practice nurse prescriber, or a physician assistant may prescribe
epinephrine auto−injectors in the name of a school that has
118.292 Possession and use of epinephrine auto−in- adopted a plan under sub. (2) (a), to be maintained by the school
jectors. (1g) In this section: for use under sub. (4).
(a) “Emergency situation” means a situation in which a pupil (4) USE OF EPINEPHRINE AUTO−INJECTORS. The governing body
reasonably believes that he or she is experiencing a severe allergic of a school that has adopted a plan under sub. (2) (a) may authorize
reaction, including anaphylaxis, that requires the administration a school nurse or designated school personnel to do any of the fol-
of epinephrine to avoid severe injury or death. lowing on school premises or at a school−sponsored activity:
(b) “Epinephrine auto−injector” means a device used for the (a) Provide an epinephrine auto−injector to a pupil to self−
automatic injection of epinephrine into the human body to prevent administer the epinephrine auto−injector in accordance with a
or treat a life−threatening allergic reaction. prescription specific to the pupil that is on file with the school.
(c) “School” includes a public, private, and tribal school. (b) Administer an epinephrine auto−injector to a pupil in
(1r) While in school, at a school−sponsored activity or under accordance with a prescription specific to the pupil that is on file
the supervision of a school authority, a pupil may possess and use with the school.
an epinephrine auto−injector if all of the following are true: (c) Administer an epinephrine auto−injector to a pupil or other
(a) The pupil uses the epinephrine auto−injector to prevent the person who the school nurse or designated school personnel in
onset or alleviate the symptoms of an emergency situation. good faith believes is experiencing anaphylaxis in accordance
(b) The pupil has the written approval of the pupil’s physician with a standing protocol from a physician, an advanced practice
and, if the pupil is a minor, the written approval of the pupil’s par- nurse prescriber, or a physician assistant, regardless of whether
ent or guardian. the pupil or other person has a prescription for an epinephrine
(c) The pupil has provided the school principal with a copy of auto−injector. If the pupil or other person does not have a pre-
the approval or approvals under par. (b). scription for an epinephrine auto−injector, or the person who
(2) No school board, school district, private school, or tribal administers the epinephrine auto−injector does not know whether
school, or any employee of the foregoing, is civilly liable for an the pupil or other person has a prescription for an epinephrine
injury incurred by any of the following: auto−injector, the person who administers the epinephrine auto−
injector shall, as soon as practicable, report the administration by
(a) A pupil as a result of using an epinephrine auto−injector dialing the telephone number “911” or, in an area in which the tele-
under sub. (1r). phone number “911” is not available, the telephone number for an
(b) Any person as a result of a pupil possessing or using an epi- emergency medical service provider.
nephrine auto−injector under sub. (1r). (4m) INDEPENDENT AUTHORITY. (a) The authority to self−
History: 2011 a. 85.
administer an epinephrine auto−injector under sub. (4) (a) is inde-
118.2925 Life−threatening allergies in schools; use of pendent of the authorized possession and use of an epinephrine
epinephrine auto−injectors. (1) DEFINITIONS. In this sec- auto−injector under s. 118.292 (1r).
tion: (b) The authority to administer an epinephrine auto−injector
(a) “Administer” means the direct application of an epineph- under sub. (4) (b) and (c) is independent of the authority to admin-
rine auto−injector to a person’s body. ister an epinephrine auto−injector under s. 118.29 (2) (a) 2. and
2m.
(b) “Advanced practice nurse prescriber” means an advanced
practice nurse who is certified under s. 441.16. (5) IMMUNITY FROM CIVIL LIABILITY; EXEMPTION FROM PRAC-
TICE OF MEDICINE. A school and its designated school personnel,
(c) “Designated school personnel” means an employee, agent, and a physician, advanced practice nurse prescriber, or physician
or volunteer of a school, designated by the governing body of the assistant who provides a prescription or standing protocol for
school, who has completed the training specified in the plan school epinephrine auto−injectors, are not liable for any injury
adopted by the governing body of the school in sub. (2) (a). that results from the administration or self−administration of an
(d) “Epinephrine auto−injector” means a device used for the epinephrine auto−injector under this section, regardless of
automatic injection of epinephrine into the human body to prevent whether authorization was given by the pupil’s parent or guardian
or treat a life−threatening allergic reaction. or by the pupil’s physician, physician assistant, or advanced prac-
(e) “Physician” means a person licensed to practice medicine tice nurse prescriber, unless the injury is the result of an act or
and surgery under ch. 448. omission that constitutes gross negligence or willful or wanton
(f) “Physician assistant” means a person licensed under s. misconduct. The immunity from liability provided under this sub-
448.974. section is in addition to and not in lieu of that provided under s.
NOTE: Par. (f) is shown as amended eff. 4−1−22 by 2021 Wis. Act 23. Prior 895.48.
to 4−1−22 it reads:
(6m) HEALTH CARE PROFESSIONALS. Nothing in this section
(f) “Physician assistant” means a person licensed under s. 448.04 (1) (f).
prohibits a health care professional, as defined in s. 118.29 (1) (c),
(g) “School” means a public, private, or tribal school. from acting within the scope of practice of the health care profes-
(h) “Self−administer” means to administer an epinephrine sional’s license, certificate, permit, or registration.
auto−injector to one’s own body. History: 2013 a. 239; 2021 a. 23.
(2) SCHOOL PLAN. (a) The governing body of a school may
adopt a plan for the management of pupils attending the school 118.293 Concussion and head injury. (1) In this section:
who have life−threatening allergies. If the governing body of a (a) “Credential” means a license or certificate of certification
school does so, it shall specify in the plan the training necessary issued by this state.
(am) “Health care provider” means a person to whom all of the 118.295 Suicide intervention; civil liability exemption.
following apply: Any school board, private school, tribal school, county children
1. He or she holds a credential that authorizes the person to with disabilities education board, or cooperative educational ser-
provide health care. vice agency, and any officer, employee, or volunteer thereof, who
2. He or she is trained and has experience in evaluating and in good faith attempts to prevent suicide by a pupil is immune
managing pediatric concussions and head injuries. from civil liability for his or her acts or omissions in respect to the
suicide or attempted suicide. The civil liability immunity pro-
3. He or she is practicing within the scope of his or her creden-
vided in this section is in addition to and not in lieu of that provided
tial.
under s. 895.48 (1).
(c) “Youth athletic activity” means an organized athletic activ- History: 1985 a. 29; 1987 a. 14; 1997 a. 164; 2009 a. 302.
ity in which the participants, a majority of whom are under 19
years of age, are engaged in an athletic game or competition 118.30 Pupil assessment. (1) The state superintendent
against another team, club, or entity, or in practice or preparation shall adopt or approve examinations designed to measure pupil
for an organized athletic game or competition against another attainment of knowledge and concepts in the 4th, 8th, 9th, 10th,
team, club, or entity. “Youth athletic activity” does not include a and 11th grades. Beginning in the 2015−16 school year, the state
college or university activity or an activity that is incidental to a superintendent may not adopt or approve assessments developed
nonathletic program. by the Smarter Balanced Assessment Consortium.
(2) In consultation with the Wisconsin Interscholastic Ath- (1g) (a) 1. By August 1, 1998, each school board shall adopt
letic Association, the department shall develop guidelines and pupil academic standards in mathematics, science, reading and
other information for the purpose of educating athletic coaches writing, geography, and history. The school board may adopt the
and pupil athletes and their parents or guardians about the nature pupil academic standards issued by the governor as executive
and risk of concussion and head injury in youth athletic activities. order no. 326, dated January 13, 1998.
(3) (a) At the beginning of a season for a youth athletic activ- 2. By January 1, 2000, or by January 1 of the 1st school year
ity, the person operating the youth athletic activity shall distribute of operation, whichever is later, each operator of a charter school
a concussion and head injury information sheet to each person under s. 118.40 (2r) or (2x) shall adopt pupil academic standards
who will be coaching that youth athletic activity and to each per- in mathematics, science, reading and writing, geography and his-
son who wishes to participate in that youth athletic activity. No tory. The operator of the charter school may adopt the pupil aca-
person may participate in a youth athletic activity unless the per- demic standards issued by the governor as executive order no.
son returns the information sheet signed by the person and, if he 326, dated January 13, 1998.
or she is under the age of 19, by his or her parent or guardian. 3. The governing body of each private school participating in
(b) 1. Notwithstanding par. (a), a public or private school is the program under s. 119.23 and the governing body of a private
not required to distribute an information sheet to a pupil enrolled school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or
in the school who wishes to participate in a youth athletic activity 119.9002 (3) (c), is responsible for the operation and general man-
operated by the school during a school year, and a pupil enrolled agement of a school transferred to an opportunity schools and
in the school may participate in that youth athletic activity without partnership program under s. 119.33, subch. IX of ch. 115, or
returning an appropriately signed information sheet for that activ- subch. II of ch. 119 shall adopt pupil academic standards in mathe-
ity, if the pupil has returned an appropriately signed information matics, science, reading and writing, geography, and history. The
sheet for another youth athletic activity operated by the school governing body of the private school may adopt the pupil aca-
during the same school year. demic standards issued by the governor as executive order no.
2. Notwithstanding par. (a), a private club is not required to 326, dated January 13, 1998.
distribute an information sheet to a person who wishes to partici- 4. The governing body of each private school participating in
pate in a youth athletic activity operated by the private club, and the program under s. 118.60 shall adopt pupil academic standards
a person may participate in that youth athletic activity without in mathematics, science, reading and writing, geography, and his-
returning an appropriately signed information sheet for the activ- tory. The governing body of the private school may adopt the
ity, if the person has returned an appropriately signed information pupil academic standards issued by the governor as executive
sheet to the club within the previous 365 days. order no. 326, dated January 13, 1998.
(4) (a) An athletic coach, or official involved in a youth ath- (c) Each school board operating elementary grades and each
letic activity, or health care provider shall remove a person from operator of a charter school under s. 118.40 (2r) or (2x) that oper-
the youth athletic activity if the coach, official, or health care pro- ates elementary grades may develop or adopt its own examination
vider determines that the person exhibits signs, symptoms, or designed to measure pupil attainment of knowledge and concepts
behavior consistent with a concussion or head injury or the coach, in the 4th grade and may develop or adopt its own examination
official, or health care provider suspects the person has sustained designed to measure pupil attainment of knowledge and concepts
a concussion or head injury. in the 8th grade. If the school board or operator of the charter
(b) A person who has been removed from a youth athletic school develops or adopts an examination under this paragraph,
activity under par. (a) may not participate in a youth athletic activ- it shall notify the department.
ity until he or she is evaluated by a health care provider and (1m) Except as otherwise provided in this section, annually
receives a written clearance to participate in the activity from the each school board shall do all of the following:
health care provider. (a) 1. Except as provided in subs. (6) and (7), administer the
(5) (a) Any athletic coach, official involved in an athletic 4th grade examination adopted or approved by the state superin-
activity, or volunteer who fails to remove a person from a youth tendent under sub. (1) to all pupils enrolled in the school district,
athletic activity under sub. (4) (a) is immune from civil liability for including pupils enrolled in charter schools located in the school
any injury resulting from that omission unless it constitutes gross district, in the 4th grade.
negligence or willful or wanton misconduct. 2. Except as provided in sub. (7), if the school board has
(b) Any volunteer who authorizes a person to participate in a developed or adopted its own 4th grade examination, administer
youth athletic activity under sub. (4) (b) is immune from civil lia- that examination to all pupils enrolled in the school district,
bility for any injury resulting from that act unless the act consti- including pupils enrolled in charter schools located in the school
tutes gross negligence or willful or wanton misconduct. district, in the 4th grade.
(6) This section does not create any liability for, or a cause of (am) 1. Except as provided in subs. (6) and (7), administer the
action against, any person. 8th grade examination adopted or approved by the state superin-
History: 2011 a. 172; 2013 a. 93. tendent under sub. (1) to all pupils enrolled in the school district,
including pupils enrolled in charter schools located in the school and partnership program under s. 119.33, subch. IX of ch. 115, or
district, in the 8th grade. subch. II of ch. 119 shall do all of the following:
2. Except as provided in sub. (7), if the school board has (a) Administer the 4th grade examination adopted or approved
developed or adopted its own 8th grade examination, administer by the state superintendent under sub. (1) to all pupils attending
that examination to all pupils enrolled in the school district, the 4th grade in the private school under s. 119.23.
including pupils enrolled in charter schools located in the school (b) Administer the 8th grade examination adopted or approved
district, in the 8th grade. by the state superintendent under sub. (1) to all pupils attending
(ar) Except as provided in sub. (7), beginning in the 2014−15 the 8th grade in the private school under s. 119.23.
school year, administer the 9th grade examination adopted or (bm) Beginning in the 2014−15 school year, in the spring ses-
approved by the state superintendent under sub. (1) to all pupils sion administer the 9th grade examination adopted or approved by
enrolled in the school district, including pupils enrolled in charter the state superintendent under sub. (1) to all pupils attending the
schools located in the school district, in the spring session of 9th 9th grade in the private school under s. 119.23.
grade. (c) In the spring session, administer the 10th grade examina-
(b) Except as provided in sub. (7), administer the 10th grade tion adopted or approved by the state superintendent under sub.
examination to all pupils enrolled in the school district, including (1) to all pupils attending the 10th grade in the private school
pupils enrolled in charter schools located in the school district, in under s. 119.23.
the spring session of the 10th grade. (cm) Beginning in the 2014−15 school year in the spring ses-
(c) Except as provided in sub. (7), beginning in the 2014−15 sion administer the 11th grade examination adopted or approved
school year, administer the 11th grade examination adopted or by the state superintendent under sub. (1) to all pupils attending
approved by the state superintendent under sub. (1) to all pupils the 11th grade in the private school under s. 119.23.
enrolled in the school district, including pupils enrolled in charter (d) Administer to pupils attending the private school under s.
schools located in the school district, in the spring session of the 119.23 all other examinations in reading, mathematics, and sci-
11th grade. ence that are required to be administered to public school pupils
(d) If the school board maintains an Internet site for the school under 20 USC 6311 (b) (2).
district, annually publish information on that Internet site about (e) If the governing body of the private school maintains an
the examinations administered under this subsection to pupils in Internet site for the school, annually publish information on that
the school district. Internet site about the examinations administered under this sub-
(1r) Annually the operator of each charter school under s. section to pupils in the school.
118.40 (2r) or (2x) shall do all of the following: (1t) Annually, the governing body of each private school par-
(a) 1. Except as provided in sub. (6), administer the 4th grade ticipating in the program under s. 118.60, other than a private
examination adopted or approved by the state superintendent school at which fewer than 20 pupils in grades 3 to 12 are attending
under sub. (1) to all pupils enrolled in the charter school in the 4th the school under the program under s. 118.60, shall do all of the
grade. following:
2. Beginning on July 1, 2002, if the operator of the charter (a) Administer the 4th grade examination adopted or approved
school has developed or adopted its own 4th grade examination, by the state superintendent under sub. (1) to all pupils attending
administer that examination to all pupils enrolled in the charter the 4th grade in the private school under s. 118.60.
school in the 4th grade. (b) Administer the 8th grade examination adopted or approved
(am) 1. Except as provided in sub. (6), administer the 8th grade by the state superintendent under sub. (1) to all pupils attending
examination adopted or approved by the state superintendent the 8th grade in the private school under s. 118.60.
under sub. (1) to all pupils enrolled in the charter school in the 8th (bm) Beginning in the 2014−15 school year, in the spring ses-
grade. sion administer the 9th grade examination adopted or approved by
2. Beginning on July 1, 2002, if the operator of the charter the state superintendent under sub. (1) to all pupils attending the
school has developed or adopted its own 8th grade examination, 9th grade in the private school under s. 118.60.
administer that examination to all pupils enrolled in the charter (c) In the spring session, administer the 10th grade examina-
school in the 8th grade. tion adopted or approved by the state superintendent under sub.
(ar) Beginning in the 2014−15 school year, administer the 9th (1) to all pupils attending the 10th grade in the private school
grade examination adopted or approved by the state superinten- under s. 118.60.
dent under sub. (1) to all pupils enrolled in the charter school in (cm) Beginning in the 2014−15 school year, in the spring ses-
spring session of the 9th grade. sion administer the 11th grade examination adopted or approved
(b) Administer the 10th grade examination to all pupils by the state superintendent under sub. (1) to all pupils attending
enrolled in the charter school in the spring session of the 10th the 11th grade in the private school under s. 118.60.
grade. (d) Administer to pupils attending the private school under s.
(c) Beginning in the 2014−15 school year, administer the 11th 118.60 all other examinations in reading, mathematics, and sci-
grade examination adopted or approved by the state superinten- ence that are required to be administered to public school pupils
dent under sub. (1) to all pupils enrolled in the charter school in under 20 USC 6311 (b) (2).
the spring session of the 11th grade. (e) If the governing body of the private school maintains an
(d) If the operator of the charter school maintains an Internet Internet site for the school, annually publish information on that
site for the school, annually publish information on that Internet Internet site about the examinations administered under this sub-
site about the examinations administered under this subsection to section to pupils in the school.
pupils in the school. (2) (a) To the extent possible, all examinations under this sec-
(1s) Annually, the governing body of each private school par- tion shall be free of bias.
ticipating in the program under s. 119.23, other than a private (b) 1. If a pupil is enrolled in a special education program
school at which fewer than 20 pupils in grades 3 to 12 are attending under subch. V of ch. 115, the school board, operator of the charter
the school under the program under s. 119.23, and the governing school under s. 118.40 (2r) or (2x), governing body of the private
body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) school participating in the program under s. 118.60, or governing
(c) 3., or 119.9002 (3) (c), is responsible for the operation and gen- body of the private school participating in the program under s.
eral management of a school transferred to an opportunity schools 119.23 shall comply with s. 115.77 (1m) (bg).
2. According to criteria established by the state superinten- (7) If a school board enters into an agreement with a federally
dent by rule, the school board, operator of the charter school under recognized American Indian tribe or band in this state to establish
s. 118.40 (2r) or (2x), governing body of the private school partici- a charter school, that school board shall administer the examina-
pating in the program under s. 118.60, or governing body of the tions under sub. (1m) or s. 118.301 (3) regardless of the location
private school participating in the program under s. 119.23 may of the charter school.
determine not to administer an examination under this section to History: 1991 a. 269; 1993 a. 16, 367; 1995 a. 27 ss. 3971b to 3971yd, 9145 (1);
a limited−English speaking pupil, as defined under s. 115.955 (7), 1997 a. 27, 164, 237; 1999 a. 9, 19, 32, 185, 186; 2001 a. 16, 109; 2003 a. 33; 2009
a. 28, 60; 2011 a. 32, 105; 2013 a. 20, 237; 2015 a. 55; 2017 a. 36, 335.
may permit the pupil to be examined in his or her native language,
or may modify the format and administration of an examination
118.301 Alternative pupil assessments. (1) In this sec-
for such pupils.
tion, “research center” means the University of Wisconsin−Madi-
3. Upon the request of a pupil’s parent or guardian, the school son Value−Added Research Center.
board shall excuse the pupil from taking an examination adminis-
(2) (a) Within 30 days after the release of funds under s.
tered under sub. (1m) or s. 118.301 (3).
115.28 (9m) (b), the department shall request from the research
4. Upon the request of a pupil’s parent or guardian, the opera- center a list of nationally recognized, norm−referenced alternative
tor of a charter school under s. 118.40 (2r) or (2x) shall excuse the examinations determined by the research center to be acceptable
pupil from taking an examination administered under sub. (1r) or for statistical comparison with examinations adopted or approved
s. 118.301 (3). under s. 118.30 (1). Within 180 days of the release of funds under
5. Upon the request of a pupil’s parent or guardian, the gov- s. 115.28 (9m) (b), the research center shall evaluate and approve
erning body of a private school participating in the program under at least 3 and no more than 5 of the examinations and shall submit
s. 119.23 shall excuse the pupil from taking an examination the list of approved examinations to the department. The research
administered under sub. (1s) (a) to (cm) or s. 118.301 (3). center shall submit under this paragraph only those examinations
6. Upon the request of a pupil’s parent or guardian, the gov- that are consistent with the following parameters:
erning body of a private school participating in the program under 1. The examination aligns sufficiently with content standards
s. 118.60 shall excuse the pupil from taking an examination established for examinations adopted or approved under s. 118.30
administered under sub. (1t) (a) to (cm) or s. 118.301 (3). (1).
(c) The results of examinations administered under this section 2. The examination is comprised of a variety of testing meth-
or under 20 USC 6311 (b) (2) to pupils enrolled in public schools, odologies, including multiple choice and short answer, to assess
including charter schools, may not be used as the sole reason to a range of student skills.
discharge, suspend, or formally discipline a teacher or as the sole
3. The examination includes accommodations or alternative
reason for the nonrenewal of a teacher’s contract.
assessments for students enrolled in a special education program
(d) The results of examinations under this section may not be under subch. V of ch. 115.
used in determining general or categorical aids to school districts.
4. The examination provider makes available translations for
(3) If a person submits to the state superintendent a written limited−English proficient pupils, as defined in s. 115.955 (7).
request for practice examinations or sample items related to exam-
inations required to be administered under this section, the state 5. The examination may be administered in a variety of
superintendent shall make practice examinations or sample items modes, including with paper and pencil, in an online format, in a
related to examinations required to be administered under this sec- fixed form format, and in an adaptive format.
tion available to the person. This subsection does not apply while 6. The examination has internal consistency reliability coeffi-
an examination is being developed or validated. cients of at least 0.8.
(4) The department shall study the utility of administering (b) An examination approved under this subsection may be
technology−based performance assessments to pupils. administered only by a school that notifies the department of its
(5) Beginning in the 2014−15 school year, the department intent to administer the examination.
shall ensure that benchmark assessments are administered to (3) (a) Notwithstanding s. 118.30 (1m), beginning in the first
pupils annually under this section prior to the administration of full school year following the date on which the research center
summative assessments under this section. submitted the list of approved examinations to the department
(5m) When determining the percentage of pupils participat- under sub. (2) (a), a school board is not required to administer an
ing in the program under s. 119.23 who performed at designated examination adopted or approved by the state superintendent
proficiency levels on the examinations administered as required under s. 118.30 (1) in any grade for which an examination is
under sub. (1s) or s. 118.301 (3), the department shall consider required to be administered under s. 118.30 if the school board
only the pupils participating in the program under s. 119.23 to administers in that grade an alternative examination approved by
whom the examinations were administered at each grade level, the research center under sub. (2). If the school board elects to
and shall exclude from consideration those pupils participating in administer an alternative examination under this paragraph, the
the program under s. 119.23 who were excused from taking the school board shall notify the department of its intent to administer
examinations under sub. (2) (b) 5. the examination and shall publish that fact and information about
(6) A school board and an operator of a charter school under the examination on the school’s Internet site.
s. 118.40 (2r) or (2x) is not required to administer the 4th and 8th (b) Notwithstanding s. 118.30 (1r), beginning in the first full
grade examinations adopted or approved by the state superinten- school year following the date on which the research center sub-
dent under sub. (1) or authorized under s. 118.301 (3) if the school mitted the list of approved examinations to the department under
board or the operator of the charter school administers its own 4th sub. (2) (a), an operator of a charter school under s. 118.40 (2r) or
and 8th grade examinations, the school board or operator of the (2x) is not required to administer an examination adopted or
charter school submits the examination results to the University approved by the state superintendent under s. 118.30 (1) in any
of Wisconsin−Madison Value−Added Research Center to conduct grade for which an examination is required to be administered
statistical correlations of those examinations with the examina- under s. 118.30 if the operator administers in that grade an alterna-
tions adopted or approved by the state superintendent under sub. tive examination approved by the research center under sub. (2).
(1), the University of Wisconsin−Madison Value−Added If the operator of the charter school elects to administer an alterna-
Research Center provides the statistical correlations to the state tive examination under this paragraph, the operator shall notify
superintendent, and the federal department of education approves. the department of its intent to administer the examination and shall
publish that fact and information about the examination on the b. An individual who is employed by a person under contract
school’s Internet site. with a governing body to provide services for the benefit of the
(c) Notwithstanding s. 118.30 (1s), beginning in the first full school governed by the governing body.
school year following the date on which the research center sub- c. An individual who is engaged in student teaching under the
mitted the list of approved examinations to the department under supervision of an individual described in subd. 1. a.
sub. (2) (a), the governing body of each private school participat- 2. “Covered individual” does not include any of the follow-
ing in the program under s. 119.23 that is required to administer ing:
an examination under s. 118.30 (1s) is not required to administer a. A member of a governing body.
an examination adopted or approved by the state superintendent
under s. 118.30 (1) in any grade for which an examination is b. A law enforcement officer who is authorized or designated
required to be administered under s. 118.30 if the governing body by a governing body to perform any duty under s. 118.125 (1) (bL)
administers in that grade an alternative examination approved by 1. or 2. in a school governed by the governing body.
the research center under sub. (2). If the governing body of the (d) “Governing body” means the governing body in charge of
private school elects to administer an alternative examination any of the following:
under this paragraph, the governing body shall notify the depart- 1. A school.
ment of its intent to administer the examination and shall publish 2. A private school at which an LEA placed pupil is placed
that fact and information about the examination on the school’s by a local educational agency.
Internet site. (dm) “Incident” means an occurrence of a covered individual
(d) Notwithstanding s. 118.30 (1t), beginning in the first full or a law enforcement officer using seclusion or physical restraint
school year following the date on which the research center sub- on a pupil. It is considered one incident if immediately following
mitted the list of approved examinations to the department under the use of seclusion or physical restraint on a pupil, the pupil’s
sub. (2) (a), the governing body of a private school participating behavior presents a clear, present, and imminent risk to the physi-
in a program under s. 118.60 that is required to administer an cal safety of the pupil or others, and a covered individual or law
examination under s. 118.30 (1t) is not required to administer an enforcement officer resumes the use of seclusion or physical
examination adopted or approved by the state superintendent restraint.
under s. 118.30 (1) in any grade for which an examination is (e) “Individualized education program” has the meaning given
required to be administered under s. 118.30 if the governing body in s. 115.76 (9).
administers in that grade an alternative examination approved by
the research center under sub. (2). If the governing body of the (ek) “LEA placed pupil” means all of the following:
private school elects to administer an alternative examination 1. A pupil placed at a private school by a local educational
under this paragraph, the governing body shall notify the depart- agency under s. 118.15 (1) (d) 4. or 119.235.
ment of its intent to administer the examination and shall publish 2. A child with a disability placed at a private school by a local
that fact and information about the examination on the school’s educational agency to satisfy the requirements under subch. V of
Internet site. ch. 115 or applicable federal law.
(e) If a school administers an alternative examination in any (em) “Local educational agency” has the meaning given in s.
grade under this subsection, and if the cost of the alternative exam- 115.76 (10).
ination exceeds the cost of the examination adopted or approved (f) “Parent” means a parent of a pupil, including a natural par-
by the state superintendent for that grade, the school board, opera- ent, a guardian, or an individual acting as a parent in the absence
tor, or governing body of the school is responsible for the differ- of a parent or guardian.
ence between the cost of the examination adopted or approved by (g) “Physical restraint” means a restriction that immobilizes or
the state superintendent for that grade and the cost of the alterna- reduces the ability of a pupil to freely move his or her torso, arms,
tive examination for that grade. legs, or head.
(4) (a) If a school board, an operator of a charter school under (h) “School” means a public school, including a charter school,
s. 118.40 (2r) or (2x), or the governing body of a private school and a private school participating in the program under s.
participating in a program under s. 118.60 or 119.23 administers 115.7915.
an alternative examination under sub. (3), the school board, opera-
(i) “Seclusion” means the involuntary confinement of a pupil,
tor, or governing body shall submit the examination results to the
apart from other pupils, in a room or area from which the pupil is
research center.
physically prevented from leaving.
(b) The research center shall review all examination results
(2) SECLUSION; CONDITIONS FOR USE. A covered individual
received under par. (a) and statistically equate them to the pupil
may use seclusion on a pupil at school only if all of the following
examinations required under s. 118.30. The research center shall
apply:
provide the examination data, as statistically equated, to the
school board, operator, or governing body and to the department. (a) The pupil’s behavior presents a clear, present, and immi-
The department shall use data received under this subsection to nent risk to the physical safety of the pupil or others and it is the
determine a school’s performance or school district’s improve- least restrictive intervention feasible.
ment under s. 115.385. (b) A covered individual maintains constant supervision of the
History: 2015 a. 55. pupil, either by remaining in the room or area with the pupil or by
observing the pupil through a window that allows the covered
118.305 Use of seclusion and physical restraint. individual to see the pupil at all times.
(1) DEFINITIONS. In this section: (c) The room or area in which the pupil is secluded is free of
(a) “Child” has the meaning given in s. 115.76 (3). objects or fixtures that may injure the pupil.
(b) “Child with a disability” has the meaning given in s. 115.76 (d) The pupil has adequate access to bathroom facilities, drink-
(5). ing water, necessary medication, and regularly scheduled meals.
(c) 1. “Covered individual” means all of the following, except (e) The duration of the seclusion is only as long as necessary
as provided in subd. 2.: to resolve the clear, present, and imminent risk to the physical
a. An individual who is employed by a governing body, or safety of the pupil or others.
under contract with a governing body as an independent contrac- (f) No door connecting the room or area in which the pupil is
tor, to provide services for the benefit of the school governed by secluded to other rooms or areas is capable of being locked or has
the governing body. a lock on it.
(3) PHYSICAL RESTRAINT; CONDITIONS FOR USE. A covered indi- (c) Annually by October 1, the principal of each school or his
vidual may use physical restraint on a pupil at school only if all of or her designee shall submit to the governing body a report con-
the following apply: taining all of the following:
(a) The pupil’s behavior presents a clear, present, and immi- 1. The number of incidents of seclusion in the school during
nent risk to the physical safety of the pupil or others and it is the the previous school year.
least restrictive intervention feasible. 2. The total number of pupils who were involved in the inci-
(b) There are no medical contraindications to its use. dents of seclusion reported under subd. 1.
(c) The degree of force used and the duration of the physical 3. The number of children with disabilities who were
restraint do not exceed the degree and duration that are reasonable involved in the incidents of seclusion reported under subd. 1.
and necessary to resolve the clear, present, and imminent risk to 4. The number of incidents of physical restraint in the school
the physical safety of the pupil or others. during the previous school year.
(d) None of the following maneuvers or techniques are used: 5. The total number of pupils who were involved in the inci-
1. Those that do not give adequate attention and care to pro- dents of physical restraint reported under subd. 4.
tecting the pupil’s head. 6. The number of children with disabilities who were
2. Those that cause chest compression by placing pressure or involved in the incidents of physical restraint reported under subd.
weight on the pupil’s chest, lungs, sternum, diaphragm, back, or 4.
abdomen. (cm) Annually by December 1, each governing body that
3. Those that place pressure or weight on the pupil’s neck or receives a report under par. (c) shall submit to the state superinten-
throat, on an artery, or on the back of the pupil’s head or neck, or dent a report that contains the information under par. (c) for each
that otherwise obstruct the pupil’s circulation or breathing. school under the governing body’s charge.
4. Those that place the pupil in a prone position. (d) Whenever a covered individual or a law enforcement offi-
(e) It does not constitute corporal punishment, as defined in s. cer uses seclusion or physical restraint on an LEA placed pupil at
118.31 (1). a private school, the administrator of the private school or his or
(f) The covered individual does not use a mechanical or chemi- her designee shall do all of the following:
cal restraint on the pupil. None of the following constitutes the use 1. As soon as practicable, but no later than one business day
of a mechanical restraint: after the incident, notify the LEA placed pupil’s parent and the
1. The use of supportive equipment to properly align a pupil’s local educational agency of the incident and of the availability of
body, assist a pupil to maintain balance, or assist a pupil’s mobil- the written report under subd. 2.
ity, under the direction and oversight of appropriate medical or 2. Within 2 business days after the incident and after consult-
therapeutic staff. ing with the covered individuals and any law enforcement officers
2. The use of vehicle safety restraints when used as intended present during the incident, prepare a written report containing all
during the transport of a pupil in a moving vehicle. of the following information:
(4) NOTIFICATION AND REPORTING FOLLOWING USE OF SECLU- a. The LEA placed pupil’s name.
SION OR PHYSICAL RESTRAINT. (a) Whenever a covered individual b. The date, time, and duration of the use of seclusion or phys-
or a law enforcement officer uses seclusion or physical restraint ical restraint.
on a pupil at school, the school principal or his or her designee c. A description of the incident, including a description of the
shall do all of the following: actions of the pupil before, during, and after the incident.
1. As soon as practicable, but no later than one business day d. The names and titles of the covered individuals and any law
after the incident, notify the pupil’s parent of the incident and of enforcement officers who were present during the incident.
the availability of the written report under subd. 2.
(e) An administrator of a private school or his or her designee
2. Within 2 business days after the incident and after consult-
shall retain a report prepared under par. (d) 2. and shall within 3
ing with the covered individuals and any law enforcement officers
business days of the incident do one of the following:
present during the incident, prepare a written report containing all
of the following information: 1. Send the report by 1st class mail or by electronic transmis-
sion to the LEA placed pupil’s parent and to the local educational
a. The pupil’s name.
agency.
b. The date, time, and duration of the use of seclusion or phys-
ical restraint. 2. Hand deliver the report to the LEA placed pupil’s parent
and to the local educational agency.
c. A description of the incident, including a description of the
actions of the pupil before, during, and after the incident. (5) CHILD WITH A DISABILITY. The 2nd time that seclusion or
physical restraint is used on a child with a disability within the
d. The names and titles of the covered individuals and any law same school year, the child’s individualized education program
enforcement officers present during the incident. team shall convene in the manner provided in s. 115.787 (4) as
3. Meet with the covered individuals who participated in the soon as practicable after the incident but no later than 10 school
incident to discuss all of the following: days after the incident. The child’s individualized education pro-
a. The events preceding, during, and following the use of the gram team shall review the child’s individualized education pro-
seclusion or physical restraint. gram and revise it as the individualized education program team
b. How to prevent the need for seclusion or physical restraint, determines necessary to ensure all of the following:
including the factors that may have contributed to the escalation (a) The individualized education program includes appropri-
of behaviors; alternatives to physical restraint, such as de−escala- ate positive behavioral interventions and supports and other
tion techniques and possible interventions; and other strategies strategies to address the behavior of concern.
that the school principal or designee determines are appropriate. (b) That the interventions, supports, and other strategies
(b) The school principal or his or her designee shall retain a included in the individualized education program related to a
report prepared under par. (a) 2. and shall, within 3 business days behavior that resulted in the use of seclusion or physical restraint
of the incident, do one of the following: on the child are based on a functional behavioral assessment of
1. Send the report to the pupil’s parent by 1st class mail or by that behavior.
electronic transmission. (6) PHYSICAL RESTRAINT; TRAINING. (a) Except as provided in
2. Hand deliver the report to the pupil’s parent. par. (c), no covered individual may use physical restraint on a
pupil at school unless he or she has received training that includes (c) Using reasonable and necessary force for the purpose of
all of the following components: self−defense or the defense of others under s. 939.48.
1f. Evidence−based instruction related to positive behavioral (d) Using reasonable and necessary force for the protection of
supports and interventions, safe physical escort, understanding property under s. 939.49.
antecedents, de−escalation, conflict prevention, and conflict man- (e) Using reasonable and necessary force to remove a disrup-
agement. tive pupil from a school premises or motor vehicle, as defined in
1m. Evidence−based techniques, including debriefing, that s. 125.09 (2) (a) 1. and 4., or from school−sponsored activities.
have been shown to prevent or reduce the use of physical restraint. (f) Using reasonable and necessary force to prevent a pupil
2. An identification and description of dangerous behavior from inflicting harm on himself or herself.
that may indicate the need for physical restraint and methods of (g) Using reasonable and necessary force to protect the safety
evaluating risk of harm in order to determine whether physical of others.
restraint is warranted. (h) Using incidental, minor or reasonable physical contact
4. Instruction regarding the effects of physical restraint on the designed to maintain order and control.
person restrained, in monitoring signs of physical distress, and in (4) Each school board shall adopt a policy that allows any offi-
obtaining medical assistance. cial, employee or agent of the school board to use reasonable and
5. Instruction in documenting and reporting incidents of necessary force for the purposes of sub. (3) (a) to (h). In determin-
physical restraint. ing whether or not a person was acting within the exceptions in
6. A requirement that the trainee demonstrate his or her ability sub. (3), deference shall be given to reasonable, good faith judg-
to identify prohibited techniques in administering physical ments made by an official, employee or agent of a school board.
restraint. (5) Except as provided in s. 939.61 (1), this section does not
(b) The governing body shall ensure that all of the following create a separate basis for civil liability of a school board or their
apply in each school that it operates in which physical restraint is officials, employees or agents for damages arising out of claims
used: involving allegations of improper or unnecessary use of force by
1. At least one covered individual has received training under school employees against students.
par. (a). (6) Nothing in this section shall prohibit, permit or otherwise
2. The school maintains a record of the training received by affect any action taken by an official, employee or agent of a
the covered individual under par. (a), including the period during school board with regard to a person who is not a pupil enrolled
which the training is considered valid by the entity that trained the in the school district.
covered individual. (7) Nothing in this section abrogates or restricts any statutory
(c) A covered individual who has not received training under or common law defense to prosecution for any crime.
par. (a) may use physical restraint on a pupil at school only in an History: 1987 a. 303; 1989 a. 26; 1991 a. 164; 1993 a. 334; 1997 a. 164; 1999 a.
127.
emergency and only if a covered individual who has received NOTE: This section was created by 1987 Wis. Act 303. Section 1 of that act
training under par. (a) is not immediately available due to the is entitled “Legislative findings and purpose”.
unforeseen nature of the emergency.
(7) CONSTRUCTION. Nothing in this section prohibits a cov- 118.32 Strip search by school employee. Any official,
ered individual from doing any of the following at school if the employee or agent of any school or school district is prohibited
pupil is not confined to an area from which he or she is physically under s. 948.50 from conducting a strip search of any pupil.
prevented from leaving: History: 1983 a. 489; 1987 a. 332 s. 64.
(a) Directing a pupil who is disruptive to temporarily separate 118.325 Locker searches. An official, employee or agent of
himself or herself from the general activity in the classroom to a school or school district may search a pupil’s locker as deter-
allow the pupil to regain behavioral control and the covered indi- mined necessary or appropriate without the consent of the pupil,
vidual to maintain or regain classroom order. without notifying the pupil and without obtaining a search warrant
(b) Directing a pupil to temporarily remain in the classroom to if the school board has adopted a written policy specifying that the
complete tasks while other pupils participate in activities outside school board retains ownership and possessory control of all pupil
the classroom. lockers and designating the positions of the officials, employees
(c) Briefly touching or holding a pupil’s hand, arm, shoulder, or agents who may conduct searches, and has distributed a copy
or back to calm, comfort, or redirect the pupil. of the policy to pupils enrolled in the school district.
History: 2011 a. 125; 2013 a. 168 s. 20; 2015 a. 55; 2019 a. 118. History: 1997 a. 329.
118.31 Corporal punishment. (1) In this section, “corpo- 118.33 High school graduation standards; criteria for
ral punishment” means the intentional infliction of physical pain promotion. (1) (a) Except as provided in pars. (d), (e), (em),
which is used as a means of discipline. “Corporal punishment” and (es), a school board may not grant a high school diploma to
includes, but is not limited to, paddling, slapping or prolonged any pupil unless the pupil satisfies the requirement under sub.
maintenance of physically painful positions, when used as a (1m) (a) and has earned:
means of discipline. “Corporal punishment” does not include 1. In the high school grades, all of the following:
actions consistent with an individualized education program a. At least 4 credits of English including writing composition.
developed under s. 115.787 or reasonable physical activities asso-
ciated with athletic training. b. At least 3 credits of social studies including state and local
government.
(2) Except as provided in sub. (3), no official, employee or
agent of a school board may subject a pupil enrolled in the school c. At least 3 credits of mathematics. The school board shall
district to corporal punishment. award a pupil up to one mathematics credit for successfully com-
pleting in the high school grades a course in computer sciences
(3) Subsection (2) does not prohibit an official, employee or that the department has determined qualifies as computer sciences
agent of a school board from: according to criteria established by the department. The school
(a) Using reasonable and necessary force to quell a disturbance board shall award a pupil up to one mathematics credit for suc-
or prevent an act that threatens physical injury to any person. cessfully completing in the high school grades a career and techni-
(b) Using reasonable and necessary force to obtain possession cal education course that the school board determines satisfies a
of a weapon or other dangerous object within a pupil’s control. mathematics requirement, but may not award any credit for that
course if the school board awards any credit for that same course A pupil may earn not more than one−half of the total number of
under subd. 1. d. credits required for a high school diploma under this paragraph.
d. At least 3 credits of science. The school board shall award 2. For a pupil who earns credit under this paragraph, a school
a pupil a science credit for successfully completing in the high board may waive the requirement under par. (b) that requires a
school grades each course in agriculture that the department has pupil, during the high school grades, to be enrolled in a class or
determined qualifies as science according to criteria established participate in an activity approved by the school board during each
by the department. The school board shall award a pupil up to one class period of each school day.
science credit for successfully completing in the high school 3. Nothing in this paragraph affects a school board’s obliga-
grades a career and technical education course that the school tions to administer examinations under s. 118.30.
board determines satisfies a science requirement, but may not 4. A nonprofit, for−profit, or public educational institution
award any credit for that course if the school board awards any
that provides an educational program for which it awards a bache-
credit for that same course under subd. 1. c.
lor’s or higher degree, or provides a program that is acceptable for
e. At least 1.5 credits of physical education. full credit toward such a degree or a program of training to prepare
2. In grades 7 to 12, at least 0.5 credit of health education. students for gainful employment in a recognized occupation, and
(am) The state superintendent shall encourage school boards admits as regular students only individuals having a certificate of
to require an additional 8.5 credits selected from any combination graduation from a high school, or the recognized equivalent of
of vocational education, foreign languages, fine arts and other such a certificate, shall treat a high school diploma awarded based,
courses. in part, on credits earned under this paragraph in the same manner
(b) Except as provided in par. (es), a school board may not as it treats a high school diploma awarded based on credits earned
grant a high school diploma to any pupil unless, during the high by enrolling in class.
school grades, the pupil has been enrolled in a class or has partici- (f) 1. Each school board operating high school grades shall
pated in an activity approved by the school board during each develop and periodically review and revise a written policy speci-
class period of each school day, or the pupil has been enrolled in fying criteria for granting a high school diploma that are in addi-
an alternative education program, as defined in s. 115.28 (7) (e) tion to the requirements under par. (a). The criteria shall include
1. Nothing in this paragraph prohibits a school board from estab- the pupil’s academic performance, successful completion of the
lishing a program that allows a pupil enrolled in the high school civics test under sub. (1m) (a), and the recommendations of teach-
grades who has demonstrated a high level of maturity and per- ers. Except as provided in subds. 2. and 4., the criteria apply to
sonal responsibility to leave the school premises for up to one pupils enrolled in charter schools located in the school district.
class period each day if the pupil does not have a class scheduled 2. The operator of a charter school under s. 118.40 (2r) or (2x)
during that class period. that operates high school grades and an individual or group or a
(c) A school board may require a pupil to participate in com- person that, pursuant to s. 115.999 (3), 119.33 (2) (c) 1. or 2., or
munity service activities in order to receive a high school diploma. 119.9002 (3) (a) or (b), is responsible for the operation and general
(d) A school board may grant a high school diploma to a pupil management of a school transferred to an opportunity schools and
who has not satisfied the requirements under par. (a) if all of the partnership program under s. 119.33, subch. IX of ch. 115, or
following apply: subch. II of ch. 119 and that operates high school grades shall
1. The pupil was enrolled in an alternative education program, develop and periodically review and revise a policy specifying
as defined in s. 115.28 (7) (e) 1. criteria for granting a high school diploma. The criteria shall
2. The school board determines that the pupil has demon- include the pupil’s academic performance, successful completion
strated a level of proficiency in the subjects listed in par. (a) equiv- of the civics test under sub. (1m) (a), and the recommendations of
alent to that which he or she would have attained if he or she had teachers.
satisfied the requirements under par. (a). 2m. The governing body of each private school participating
3. The pupil satisfies the requirement under sub. (1m) (a). in the program under s. 119.23 and the governing body of a private
school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or
(e) A school board may allow a pupil who participates in sports 119.9002 (3) (c), is responsible for the operation and general man-
or in another organized physical activity, as determined by the agement of a school transferred to an opportunity schools and
school board, to complete an additional 0.5 credit in English, partnership program under s. 119.33, subch. IX of ch. 115, or
social studies, mathematics, science, or health education in lieu of subch. II of ch. 119 shall develop and periodically review and
0.5 credit in physical education. revise a policy specifying criteria for granting a high school
(em) A school board may count a credit that a pupil earns in diploma to pupils attending the private school under s. 119.23 or
grade 7 or 8 towards the requirements under par. (a) 1. or (am) if the school transferred to an opportunity schools and partnership
all of the following are satisfied: program under s. 119.33, subch. IX of ch. 115, or subch. II of ch.
1. The pupil’s performance on an examination under s. 118.30 119. The criteria shall include the pupil’s academic performance,
or a similar examination approved by the school board demon- successful completion of the civics test under sub. (1m) (a), and
strates that the pupil is academically prepared for coursework that the recommendations of teachers.
is offered in the high school grades. 2r. The governing body of each private school participating
2. The credit is earned in a course that is taught by a teacher in the program under s. 118.60 shall develop and periodically
who is licensed to teach the subject in the high school grades. review and revise a policy specifying criteria for granting a high
3. The credit is earned in a course that is taught using a curric- school diploma to pupils attending the private school under s.
ulum and assessments that are equivalent to the curriculum and 118.60. The criteria shall include the pupil’s academic perfor-
assessments used to teach the subject in the high school grades. mance, successful completion of the civics test under sub. (1m)
(es) 1. A school board may adopt a resolution to allow pupils (a), and the recommendations of teachers.
in the high school grades to earn high school credits in a subject 3. Neither a school board nor an operator of a charter school
area by demonstrating a level of proficiency in that subject area under s. 118.40 (2r) or (2x) nor an individual or group or person
or by creating a learning portfolio related to that subject area. If that, pursuant to s. 115.999 (3), 119.33 (2) (c) 1. or 2., or 119.9002
a school board adopts a resolution under this paragraph, the school (3) (a) or (b), is responsible for the operation and general manage-
board shall develop and implement written policies and proce- ment of a school transferred to an opportunity schools and part-
dures for awarding credits under this paragraph. The school board nership program under s. 119.33, subch. IX of ch. 115, or subch.
shall include in its policies and procedures the manner in which II of ch. 119 may grant a high school diploma to any pupil unless
a pupil may qualify for high school credit under this paragraph. the pupil has satisfied the criteria specified in the school board’s
or charter school’s policy under subd. 1. or 2. Neither the govern- 4. A pupil may retake the civics test described under subd. 1.
ing body of a private school participating in the program under s. until the pupil obtains the passing score required under subd. 1.
119.23 nor a governing body of a private school that, pursuant to (b) A school board, operator of a charter school under s. 118.40
s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible (2r) or (2x), and governing body of a private school participating
for the operation and general management of a school transferred in a program under s. 118.60 or 119.23 may determine the format
to an opportunity schools and partnership program under s. of the civics test required under this subsection and when in the
119.33, subch. IX of ch. 115, or subch. II of ch. 119 may grant a school year to administer the test.
high school diploma to any pupil attending the private school (2) The state superintendent shall:
under s. 119.23 or the school transferred to an opportunity schools
and partnership program under s. 119.33, subch. IX of ch. 115, or (c) Establish course requirements under sub. (1) (a) and
subch. II of ch. 119 unless the pupil has satisfied the criteria speci- approve any school board’s high school graduation standards pol-
fied in the governing body’s policy under subd. 2m. The govern- icy that is equivalent to the requirements under subs. (1) and (1m)
(a).
ing body of a private school participating in the program under s.
118.60 may not grant a high school diploma to any pupil attending (m) Adopt policies to accommodate pupils with exceptional
the private school under s. 118.60 unless the pupil has satisfied the educational interests, needs or requirements, not limited to chil-
criteria specified in the governing body’s policy under subd. 2r. dren with disabilities, as defined under s. 115.76 (5).
4. If a school board enters into an agreement with a federally (3) By September 1, 1986, each school board operating high
recognized American Indian tribe or band in this state to establish school grades shall submit to the state superintendent a report
a charter school, the criteria specified in the policy developed by describing the school board’s policies and guidelines on high
that school board under subd. 1. apply to pupils enrolled in the school graduation standards, including a list of courses required
charter school, regardless of the location of the charter school. under sub. (1) (a) and the number of hours in each school term
required to earn one credit under sub. (1) (a), and thereafter shall
(g) 1. A school board may grant a technical education high
notify the state superintendent whenever changes are made in
school diploma to a pupil who does all of the following:
such policies or guidelines. The department shall make reason-
a. Satisfies the requirements under par. (a). able efforts to combine the reports required under this subsection
b. Earns in the high school grades the same total number of with other required school board reports.
credits that the school board requires of other pupils for high (3m) A course taken at a technical college by a child attending
school graduation. the school part−time or in lieu of high school under s. 118.15 (1)
c. Successfully completes a technical education program, (b), or attending the school under s. 118.15 (1) (cm), does not ful-
established by the school board, in a subject or subjects. fill any of the high school graduation requirements under sub. (1)
d. Satisfies the requirement under sub. (1m) (a). (a) unless the state superintendent has approved the course for that
2. In establishing a technical education program under subd. purpose. If a pupil satisfies all of the high school graduation
1. c., the school board may incorporate standards for industry−rec- requirements under subs. (1) and (1m) (a), the school board shall
ognized certifications. Annually, the department shall provide to grant a high school diploma to the pupil regardless of whether the
each school board operating high school grades a list of such certi- pupil satisfied all or a portion of the requirements while attending
fications. The school board shall indicate on a pupil’s technical an institution of higher education under s. 118.55 or a technical
education high school diploma the certifications attained by the college.
pupil. (4) (a) The state superintendent shall establish procedures for
(1m) (a) 1. Beginning in the 2016−17 school year, no school school boards to certify to the state superintendent whether they
board, operator of a charter school under s. 118.40 (2r) or (2x), or are in compliance with the requirements under sub. (1) and the
governing body of a private school participating in a program rules promulgated under sub. (2).
under s. 118.60 or 119.23 may, except as provided in subd. 2. and (b) The state superintendent may periodically review school
subject to the policies under sub. (2) (m), grant a high school district high school graduation standards and shall notify any
diploma to any pupil unless the pupil takes, during the high school school board not in compliance with the requirements under sub.
grades, a civics test comprised of 100 questions that are identical (1) or the rules promulgated under sub. (2), identifying the
to the 100 questions that may be asked of an individual during the changes necessary.
process of applying for U.S. citizenship by the United States Citi- (5) The department shall include in its biennial report under s.
zenship and Immigration Services and the pupil correctly answers 15.04 (1) (d) information on the status of statewide high school
at least 65 of those questions. graduation standards.
2. a. Except as provided in subd. 2. b., a school board, opera- (6) (a) 1. Each school board shall adopt a written policy speci-
tor of a charter school under s. 118.40 (2r) or (2x), and governing fying the criteria for promoting a pupil from the 4th grade to the
body of a private school participating in a program under s. 118.60 5th grade and from the 8th grade to the 9th grade. The criteria shall
or 119.23 shall require a pupil for whom an individualized educa- include the pupil’s score on the examination administered under
tion program under s. 115.787 is in effect and a parentally placed s. 118.30 (1m) (a) or (am) or s. 118.301 (3), unless the pupil has
child with a disability, as defined in 34 CFR 300.130, to complete been excused from taking the examination under s. 118.30 (2) (b);
the civics test described under subd. 1. but may not condition grad- the pupil’s academic performance; the recommendations of teach-
uation on the successful completion of the test. ers, which shall be based solely on the pupil’s academic perfor-
b. If a pupil’s individualized education program under s. mance; and any other academic criteria specified by the school
115.787 or a services plan, as defined in 34 CFR 300.37, includes board. Except as provided in par. (b) 1. and 3., the criteria apply
a statement that it is not appropriate to administer the civics test to pupils enrolled in charter schools located in the school district.
under subd. 1. to the pupil, a school board, operator of a charter 2. Except as provided in par. (b) 2. and 3., a school board may
school under s. 118.40 (2r) or (2x), and governing body of a pri- not promote a 4th grade pupil enrolled in the school district,
vate school participating in a program under s. 118.60 or 119.23 including a pupil enrolled in a charter school located in the school
may not make completion of the civics test described under subd. district, to the 5th grade, and may not promote an 8th grade pupil
1. a condition of graduation for that pupil. enrolled in the school district, including a pupil enrolled in a char-
3. A school board, operator of a charter school under s. 118.40 ter school located in the school district, to the 9th grade, unless the
(2r) or (2x), and governing body of a private school participating pupil satisfies the criteria for promotion specified in the school
in a program under s. 118.60 or 119.23 shall permit a limited−Eng- board’s policy adopted under subd. 1.
lish proficient pupil, as defined in s. 115.955 (7), to take the civics (b) 1. Each operator of a charter school under s. 118.40 (2r)
test described under subd. 1. in the pupil’s language of choice. or (2x) shall adopt a written policy specifying the criteria for pro-
moting a pupil from the 4th grade to the 5th grade and from the 8th 4. Except as provided in subds. 5. and 6., beginning on Sep-
grade to the 9th grade. The criteria shall include the pupil’s score tember 1, 2011, the operator of a charter school under s. 118.40
on the examination administered under s. 118.30 (1r) (a) or (am) (2r) or (2x) may not enroll a child in the first grade in the school
or s. 118.301 (3), unless the pupil has been excused from taking unless the child has completed 5−year−old kindergarten. Each
the examination under s. 118.30 (2) (b); the pupil’s academic per- operator of a charter school under s. 118.40 (2r) or (2x) that oper-
formance; the recommendations of teachers, which shall be based ates a 5−year−old kindergarten program shall adopt a written pol-
solely on the pupil’s academic performance; and any other aca- icy specifying the criteria for promoting a pupil from 5−year−old
demic criteria specified by the operator of the charter school. kindergarten to the first grade.
2. Beginning on September 1, 2002, an operator of a charter 5. Each operator of a charter school under s. 118.40 (2r) or
school under s. 118.40 (2r) or (2x) may not promote a 4th grade (2x) that operates a 5−year−old kindergarten program shall estab-
pupil to the 5th grade, and may not promote an 8th grade pupil to lish procedures, conditions, and standards for exempting a child
the 9th grade, unless the pupil satisfies the criteria for promotion from the requirement that the child complete kindergarten as a
specified in the charter school operator’s policy under subd. 1. prerequisite to enrollment in the first grade and for reviewing the
3. If a school board enters into an agreement with a federally denial of an exemption upon the request of the pupil’s parent or
recognized American Indian tribe or band in this state to establish guardian.
a charter school, the criteria specified in the policy adopted by that 6. The operator of a charter school under s. 118.40 (2r) or (2x)
school board under par. (a) 1. apply to pupils enrolled in the char- that operates a 5−year−old kindergarten program shall enroll in
ter school and that school board is subject to the prohibitions in the first grade a child who has not completed kindergarten but who
par. (a) 2. with respect to pupils enrolled in the charter school, is otherwise eligible to be admitted to and to enroll in first grade
regardless of the location of the charter school. as a new or continuing pupil at the time the child moves into this
(c) 1. The governing body of each private school participating state if one of the following applies:
in the program under s. 119.23 shall adopt a written policy speci- a. Before either commencing or completing first grade, the
fying criteria for promoting a pupil who is attending the private child moved into this state from a state, country, or territory in
school under s. 119.23 from the 4th grade to the 5th grade and from which completion of 5−year−old kindergarten is a prerequisite to
the 8th grade to the 9th grade. The criteria shall include the pupil’s entering first grade and the child was exempted from the require-
score on the examination administered under s. 118.30 (1s) (a) or ment to complete 5−year−old kindergarten in the state, country, or
(b) or s. 118.301 (3), unless the pupil has been excused from taking territory from which the child moved.
the examination under s. 118.30 (2) (b); the pupil’s academic per- b. Before either commencing or completing first grade the
formance; the recommendations of teachers, which shall be based child moved into this state from a state, country, or territory in
solely on the pupil’s academic performance; and any other aca- which completion of 5−year−old kindergarten is not a prerequisite
demic criteria specified by the governing body of the private to entering first grade.
school.
(cr) 1. The governing body of each private school participating
2. The governing body of a private school participating in the in the program under s. 118.60 shall adopt a written policy speci-
program under s. 119.23 may not promote a 4th grade pupil who fying criteria for promoting a pupil who is attending the private
is attending the private school under s. 119.23 to the 5th grade, and school under s. 118.60 from the 4th grade to the 5th grade and from
may not promote an 8th grade pupil who is attending the private the 8th grade to the 9th grade. The criteria shall include the pupil’s
school under s. 119.23 to the 9th grade, unless the pupil satisfies score on the examination administered under s. 118.30 (1t) (a) or
the criteria for promotion specified in the governing body’s policy (b) or s. 118.301 (3), unless the pupil has been excused from taking
under subd. 1. the examination under s. 118.30 (2) (b); the pupil’s academic per-
(cm) 1. Except as provided in subds. 2. and 3., beginning on formance; the recommendations of teachers, which shall be based
September 1, 2011, a school board may not enroll a child in the solely on the pupil’s academic performance; and any other aca-
first grade in a school in the school district, including in a charter demic criteria specified by the governing body of the private
school located in the school district, unless the child has com- school.
pleted 5−year−old kindergarten. Each school board that operates 2. The governing body of a private school participating in the
a 5−year−old kindergarten program shall adopt a written policy program under s. 118.60 may not promote a 4th grade pupil who
specifying the criteria for promoting a pupil from 5−year−old kin- is attending the private school under s. 118.60 to the 5th grade, and
dergarten to the first grade. may not promote an 8th grade pupil who is attending the private
2. Each school board that operates a 5−year−old kindergarten school under s. 118.60 to the 9th grade, unless the pupil satisfies
program shall establish procedures, conditions, and standards for the criteria for promotion specified in the governing body’s policy
exempting a child from the requirement that the child complete under subd. 1.
kindergarten as a prerequisite to enrollment in the first grade and History: 1983 a. 411; 1985 a. 29; 1991 a. 39, 269; 1993 a. 223, 339, 340, 399, 491;
for reviewing the denial of an exemption upon the request of the 1995 a. 27 s. 9145 (1); 1997 a. 27, 113, 164; 1999 a. 9, 84, 185; 2001 a. 38, 109; 2003
a. 33; 2009 a. 28, 41, 114; 2011 a. 32, 105, 156; 2011 a. 260 s. 80; 2013 a. 63, 138,
pupil’s parent or guardian. 237; 2015 a. 55, 212; 2017 a. 59.
3. A school board that operates a 5−year−old kindergarten NOTE: 1983 Wisconsin Act 411, which created this section, has “Legislative
program shall enroll in the first grade a child who has not com- declaration” in section 1.
NOTE: 1993 Wis. Act 339, which created sub. (1) (d), contains explanatory
pleted kindergarten but who is otherwise eligible to be admitted notes.
to and to enroll in first grade as a new or continuing pupil at the Cross−reference: See also ch. PI 18, Wis. adm. code.
time the child moves into this state if one of the following applies:
a. Before either commencing or completing first grade, the 118.34 Technical preparation programs. (1) In coopera-
child moved into this state from a state, country, or territory in tion with a technical college district board, each school board shall
which completion of 5−year−old kindergarten is a prerequisite to establish a technical preparation program in each public high
entering first grade and the child was exempted from the require- school located in the school district. The program shall consist of
ment to complete 5−year−old kindergarten in the state, country, or a sequence of courses, approved by the technical college system
territory from which the child moved. board under s. 38.04 (26), designed to allow high school pupils to
b. Before either commencing or completing first grade the gain advanced standing in the technical college district’s associate
child moved into this state from a state, country, or territory in degree program upon graduation from high school.
which completion of 5−year−old kindergarten is not a prerequisite (2) (a) The technical college district director shall appoint a
to entering first grade. technical preparation council to coordinate the establishment of
the technical preparation programs. The council shall consist of 1. Whether the requirement impedes progress toward achiev-
12 members. ing a local improvement plan developed under sec. 309 (a) (3) of
(b) The technical college district board and the school boards P.L. 103−227.
of school districts that operate high schools located in the techni- 2. If the school board has adopted educational goals for the
cal college district shall establish a consortium to implement the school district, whether the requirement impedes progress toward
technical preparation programs. achieving the goals.
(3) The department and the technical college system board (bm) The department shall promulgate rules establishing crite-
shall provide technical assistance to school boards to develop ria for waiving the requirement to schedule at least the number of
technical preparation programs in each high school. Annually, the hours of direct pupil instruction specified under s. 121.02 (1) (f)
school board shall evaluate its program and report the results to the if school is closed for a reason specified in s. 115.01 (10) (b) or (c).
state superintendent and the technical college system board. (3) A waiver granted under sub. (2) is effective for 4 years.
History: 1991 a. 39; 1993 a. 16, 399, 491; 1995 a. 27 s. 9145 (1); 1997 a. 27; 1999 The department shall renew the waiver for additional 4−year peri-
a. 9; 2003 a. 33. ods if the school board has evaluated the educational and financial
Cross−reference: See also ch. TCS 9, Wis. adm. code.
effects of the waiver over the previous 4−year period, except that
the department is not required to renew a waiver if the department
118.35 Programs for gifted and talented pupils. (1) In
determines that the school district is not making adequate progress
this section, “gifted and talented pupils” means pupils enrolled in
toward improving pupil academic performance.
public schools who give evidence of high performance capability
in intellectual, creative, artistic, leadership or specific academic (4) (a) Beginning on the first day of the public health emer-
areas and who need services or activities not ordinarily provided gency declared on March 12, 2020, by executive order 72, and
in a regular school program in order to fully develop such capabili- ending on October 31, 2020, the department may do all of the fol-
ties. lowing:
(2) The state superintendent shall by rule establish guidelines 1. Waive any requirement in chs. 115 to 121 or the adminis-
for the identification of gifted and talented pupils. trative rules promulgated by the department under the authority of
those chapters related to any of the following:
(3) Each school board shall ensure that all gifted and talented
a. A program under s. 115.7915, 118.60, or 119.23.
pupils enrolled in the school district have access to a program for
gifted and talented pupils. b. A private school participating in a program under s.
115.7915, 118.60, or 119.23.
(4) From the appropriation under s. 20.255 (2) (fy), the depart-
ment shall award grants to nonprofit organizations, cooperative c. A charter school under s. 118.40 (2r) or (2x), including any
educational service agencies, institutions within the University of requirement related to an authorizer, governing board, or operator
Wisconsin System, and school districts for the purpose of provid- of a charter school under s. 118.40 (2r) or (2x).
ing to gifted and talented pupils those services and activities not 2. Establish an alternate deadline for any requirement related
ordinarily provided in a regular school program that allow such to a program under s. 115.7915, 118.60, or 119.23 in chs. 115 to
pupils to fully develop their capabilities. 121 and any requirement related to a program under s. 115.7915,
History: 1985 a. 29; 1995 a. 27 s. 9145 (1); 1997 a. 27, 240; 2005 a. 25; 2007 a. 118.60, or 119.23 in the administrative rules promulgated by the
20; 2011 a. 32; 2017 a. 59. department under the authority of chs. 115 to 121 if the original
deadline is any of the following:
118.38 Waivers of laws and rules. (1) (a) A school board a. A deadline that occurs during the period beginning on the
may request the department to waive any school board or school first day of the public health emergency declared on March 12,
district requirement in chs. 115 to 121 or in the administrative 2020, by executive order 72, and ending on October 31, 2020.
rules promulgated by the department under the authority of those b. A deadline for a requirement that affects a date during the
chapters, except for statutes or rules related to any of the follow- period beginning on the first day of the public health emergency
ing: declared on March 12, 2020, by executive order 72, and ending on
1. The health or safety of pupils. October 31, 2020.
2. Pupil discrimination under s. 118.13. (b) 1. The department shall notify the legislative reference
3. The pupil assessment program under s. 118.30 and the stan- bureau of each waiver under par. (a) 1. and alternate deadline
dardized reading test required under s. 121.02 (1) (r). established under par. (a) 2. The legislative reference bureau shall
4. Pupil records under s. 118.125. publish a notice in the Wisconsin Administrative Register of the
waiver or alternate deadline.
5. The collection of data by the department.
2. The department shall post each waiver under par. (a) 1. and
6. The uniform financial fund accounting system under ss. alternate deadline established under par. (a) 2. on the department’s
115.28 (13) and 115.30 (1) and audits of school district accounts Internet site.
under s. 120.14.
(c) A waiver under par. (a) 1. applies only to the 2019−20
7. Licensure or certification under s. 115.28 (7) or (7m) other school year.
than the licensure of the school district administrator or business History: 1995 a. 27; 1997 a. 27; 2001 a. 16; 2009 a. 42, 301; 2013 a. 257; 2015
manager. a. 53; 2017 a. 143; 2019 a. 185.
8. The commencement of the school term under s. 118.045.
9. The requirements established for achievement guarantee 118.40 Charter schools. (1) NOTICE TO STATE SUPERINTEN-
DENT. Whenever a school board intends to establish a charter
contracts under s. 118.43 and for achievement gap reduction con-
school, it shall notify the state superintendent of its intention.
tracts under s. 118.44.
Whenever one of the entities under sub. (2r) (b) or the director
(b) Before requesting a waiver, the school board shall hold a under sub. (2x) intends to establish a charter school, it shall notify
public hearing in the school district on the request. the state superintendent of its intention by February 1 of the previ-
(1m) The school board shall specify in its request for a waiver ous school year. A notice under this subsection shall include a
its reason for requesting the waiver. description of the proposed school.
(2) (am) In determining whether to grant a waiver under sub. (1m) PETITION. (a) A written petition requesting the school
(1), the department shall consider all of the following factors and board to establish a charter school under this section may be filed
may consider additional factors: with the school district clerk. The petition shall be signed by at
least 10 percent of the teachers employed by the school district or (am) At least 30 days before entering in a contract under this
by at least 50 percent of the teachers employed at one school of the subsection that would convert a private school to a charter school
school district. or that would establish a charter school that is not an instrumental-
(b) The petition shall include all of the following: ity of the school district, the school board shall hold a public hear-
1. The name of the person who is seeking to establish the char- ing on the contract. At the hearing, the school board shall consider
ter school. the level of employee and parental support for the establishment
of the charter school and the fiscal impact of the establishment of
2. The name of the person who will be in charge of the charter
the charter school on the school district.
school and the manner in which administrative services will be
provided. (b) A school board may not enter into a contract under par. (a)
3. A description of the educational program of the school. that would result in the conversion of all of the public schools in
the school district to charter schools unless the school board com-
4. The methods the school will use to enable pupils to attain plies with sub. (2) (b) 2.
the educational goals under s. 118.01.
(2r) OTHER INITIATIVES. (a) In this subsection:
5. The method by which pupil progress in attaining the educa-
tional goals under s. 118.01 will be measured. 1. “Instructional staff” has the meaning given in the rules pro-
mulgated by the department under s. 121.02 (1) (a) 2.
6. The governance structure of the school, including the
method to be followed by the school to ensure parental involve- 2. “Resident school board” means the school board of the
ment. school district in which a pupil resides.
7. Subject to sub. (7) (a) and (am) and ss. 118.19 (1) and (b) 1. All of the following entities may contract with a person
121.02 (1) (a) 2., the qualifications that must be met by the individ- to operate a charter school:
uals to be employed in the school. a. The common council of the city of Milwaukee.
8. The procedures that the school will follow to ensure the b. The chancellor of the University of Wisconsin−Milwau-
health and safety of the pupils. kee.
9. The means by which the school will achieve a racial and c. The chancellor of the University of Wisconsin−Parkside.
ethnic balance among its pupils that is reflective of the school dis- d. The Milwaukee area technical college district board.
trict population. e. Each technical college district board other than the Mil-
10. The requirements for admission to the school. waukee area technical college district board.
11. The manner in which annual audits of the financial and eg. The chancellor of any institution in the University of Wis-
programmatic operations of the school will be performed. consin System other than the University of Wisconsin−Milwau-
12. The procedures for disciplining pupils. kee and the University of Wisconsin−Parkside.
13. The public school alternatives for pupils who reside in the f. The county executive of Waukesha County.
school district and do not wish to attend or are not admitted to the g. The college of Menominee Nation.
charter school.
h. The Lac Courte Oreilles Ojibwa community college.
14. A description of the school facilities and the types and
2. A charter shall include all of the provisions specified under
limits of the liability insurance that the school will carry.
sub. (1m) (b) 3. to 14. A contract shall include all of the provisions
15. The effect of the establishment of the charter school on the specified under sub. (1m) (b) 1. to 14. and shall specify the effect
liability of the school district. of the establishment of the charter school on the liability of the
(2) PUBLIC HEARING; GRANTING OF PETITION. (a) Within 30 contracting entity under this paragraph. The contract shall also
days after receiving a petition under sub. (1m) the school board include all of the following provisions and may include other pro-
shall hold a public hearing on the petition. At the hearing, the visions agreed to by the parties:
school board shall consider the level of employee and parental a. A requirement that the charter school governing board
support for the establishment of the charter school described in the adhere to specified annual academic and operational performance
petition and the fiscal impact of the establishment of the charter standards developed in accordance with the performance frame-
school on the school district. After the hearing, the school board
work of the entity with which it is contracting.
may grant the petition.
b. Provisions detailing the corrective measures the charter
(b) A school board may grant a petition that would result in the
school governing board will take if the charter school fails to meet
conversion of all of the public schools in the school district to
performance standards.
charter schools if all of the following apply:
c. A provision allowing the governing board to open one or
1. At least 50 percent of the teachers employed by the school
district sign the petition. more additional charter schools if all of the charter schools oper-
ated by the governing board were assigned to one of the top 2 per-
2. The school board provides alternative public school attend- formance categories in the most recent school and school district
ance arrangements for pupils who do not wish to attend or are not accountability report published under s. 115.385. If the charter
admitted to a charter school. school governing board opens one or more additional charter
(c) The school board of the school district operating under ch. schools, the existing contract applies to the new school or schools
119 shall either grant or deny the petition within 30 days after the unless the parties agree to amend the existing contract or enter into
public hearing. If the school board of the school district operating a new contract.
under ch. 119 denies a petition, the person seeking to establish the
d. The methodology that will be used by the charter school
charter school may, within 30 days after the denial, appeal the
governing board to monitor and verify pupil enrollment, credit
denial to the department. The department shall issue a decision
accrual, and course completion.
within 30 days after receiving the appeal. The department’s deci-
sion is final and not subject to judicial review under ch. 227. e. A requirement that the entity under subd. 1. have direct
(2m) SCHOOL BOARD INITIATIVE. (a) A school board may on access to pupil data.
its own initiative contract with a person to operate a school as a f. A description of the administrative relationship between the
charter school. The contract shall include all of the provisions parties to the contract.
specified under sub. (1m) (b) and may include other provisions g. A requirement that the charter school governing board hold
agreed to by the parties. parent−teacher conferences at least annually.
h. A requirement that if more than one charter school is oper- and the amount, as determined by the secretary of administration,
ated under the contract, the charter school governing board reports of the appropriation under s. 20.505 (4) (s) allocated for payments
to the entity under subd. 1. on each charter school separately. to telecommunications providers under contracts with school dis-
i. A requirement that the charter school governing board pro- tricts and cooperative educational service agencies under s.
vide the data needed by the entity under subd. 1. for purposes of 16.971 (13).
making the report required under sub. (3m) (f). b. Add the amounts appropriated in the previous fiscal year
j. A requirement that the charter school governing board par- under the sections specified in subd. 2p. a.
ticipate in any training provided by the entity under subd. 1. c. Subtract the sum under subd. 2p. b. from the sum under
k. A description of all fees that the entity under subd. 1. will subd. 2p. a.
charge the charter school governing board. d. Divide the remainder under subd. 2p. c. by the average of
L. If the contract is for the operation of a charter school that the number of pupils enrolled statewide in the 3 previous school
includes a grade from 5 to 12, a requirement that the charter years. In this subd. 2p. d., “number of pupils enrolled” has the
school’s curriculum include the instruction required under s. meaning given in s. 121.90 (1) (intro.) and includes 40 percent of
121.02 (1) (L) 8., so far as applicable. the summer enrollment.
2m. a. A charter or contract may include grounds for expel- 3m. The department shall pay 25 percent of the total amount
ling a pupil from the charter school. in September, 25 percent in December, 25 percent in February,
b. If the charter or contract includes grounds for expelling a and 25 percent in June. The department shall send the check to the
pupil from the charter school as permitted under subd. 2m. a., the operator of the charter school. The department shall include the
charter or contract shall include the procedures to be followed by entire amount under par. (fm) 1. in the December installment, but
the charter school prior to expelling a pupil. the payment shall be made in a separate check from the payment
3. If an entity specified in subd. 1. a. to d. was operating a under this paragraph.
charter school itself immediately prior to July 14, 2015, it may (f) 1. In the 2016−17 school year and in each school year there-
continue to do so. after, for a pupil attending a charter school established under a
4. No chartering or contracting entity under subd. 1. may contract with an entity under par. (b) 1. g. or h., from the appropria-
establish or enter into a contract for the establishment of a virtual tion under s. 20.255 (2) (fm), the department shall pay to the oper-
charter school. ator of the charter school an amount equal to the per pupil aca-
(bm) The county executive of Waukesha County may contract demic base funding the bureau of Indian education in the federal
for the establishment of a charter school located only in Waukesha department of the interior provided to tribal schools under 25 CFR
County. 39.1 to 39.1203 in the previous school year.
(cq) The sum of the number of charter schools operating under 2. The department shall pay 25 percent of the total amount due
a contract with the college of Menominee Nation and the number to an operator of a charter school in September, 25 percent in
of charter schools operating under a contract with the Lac Courte December, 25 percent in February, and 25 percent in June. The
Oreilles Ojibwa community college may not exceed 6. department shall send the check to the operator of the charter
(d) The chartering or contracting entity under par. (b) shall do school. The department shall include the entire amount under par.
all of the following: (fm) 2. in the December installment, but the payment shall be
1. Ensure that all instructional staff of charter schools under made in a separate check from the payment under this paragraph.
this subsection hold a license or permit to teach issued by the (fh) Annually, on or before September 15, an operator of a
department. charter school authorized under this subsection shall file with the
2. Administer the examinations under s. 118.30 (1r) or department a report stating its summer daily attendance for each
118.301 (3) and s. 121.02 (1) (r) to pupils enrolled in charter day of summer school for the purpose of par. (fm).
schools under this subsection. (fm) 1. Beginning in the 2018−19 school year, in addition to
(dm) The operator of a charter school authorized under this the payment under par. (e) and subject to subd. 3., for a pupil
subsection may provide transportation to pupils attending the attending summer school at a charter school established by or
charter school and may claim transportation aid under s. 121.58 under a contract with an entity under par. (b) 1. a. to f., the depart-
for pupils so transported. ment shall pay to the operator of the charter school, in the manner
(e) 2m. In the 2013−14 school year, from the appropriation described in par. (e) 3m., an amount determined as follows:
under s. 20.255 (2) (fm), the department shall pay to the operator a. Determine the per pupil amount under par. (e) for attending
of the charter school an amount equal to $7,925 multiplied by the the charter school in the immediately preceding school term.
number of pupils attending the charter school. b. If the pupil attended summer school for at least 15 days of
2n. In the 2014−15 school year, from the appropriation under summer instruction at the charter school during that summer, mul-
s. 20.255 (2) (fm), the department shall pay to the operator of the tiply the amount under subd. 1. a. by 0.05.
charter school an amount equal to $8,075 multiplied by the num- c. If the pupil attended summer school for less than 15 days
ber of pupils attending the charter school. of summer instruction at the charter school during that summer,
2p. In the 2015−16 school year and in each school year there- multiply the amount under subd. 1. a. by 0.05 by the quotient
after, for a pupil attending a charter school established by or under determined by dividing the number of days of summer instruction
a contract with an entity under par. (b) 1. a. to f., from the appropri- the pupil attended during that summer by 15.
ation under s. 20.255 (2) (fm), the department shall pay to the
operator of the charter school an amount equal to the sum of the 2. Beginning in the 2018−19 school year, in addition to the
amount paid per pupil under this paragraph in the previous school payment under par. (f) and subject to subd. 3., for a pupil attending
year; the amount of the per pupil revenue limit adjustment under summer school at a charter school established by or under a con-
s. 121.91 (2m) for the current school year, if positive; and the tract with an entity under par. (b) 1. g. or h., the state superinten-
change in the amount of statewide categorical aid per pupil dent shall pay to the operator of the charter school, in the manner
between the previous school year and the current school year, if described in par. (f) 2., an amount determined as follows:
positive. The change in the statewide categorical aid per pupil a. Determine the per pupil amount under par. (f) for attending
shall be determined as follows: the charter school in the immediately preceding school term.
a. Add the amounts appropriated in the current fiscal year b. If the pupil attended summer school for at least 15 days of
under s. 20.255 (2), except s. 20.255 (2) (ac), (aw), (az), (bb), (dj), summer instruction at the charter school during that summer, mul-
(du), (fm), (fp), (fq), (fr), (fu), (k), and (m); and s. 20.505 (4) (es); tiply the amount under subd. 2. a. by 0.05.
c. If the pupil attended summer school for less than 15 days graph. The contract shall also include all of the following provi-
of summer instruction at the charter school during that summer, sions and may include other provisions agreed to by the parties:
multiply the amount under subd. 2. a. by 0.05 by the quotient a. A requirement that the charter school governing board
determined by dividing the number of days of summer instruction adhere to specified annual academic and operational performance
the pupil attended during that summer by 15. standards developed in accordance with the performance frame-
3. An operator of a charter school may receive a per pupil pay- work of the person with which it is contracting.
ment under this paragraph if all of the following are satisfied: b. Provisions detailing the corrective measures the charter
a. The charter school offers no fewer than 19 summer days of school governing board will take if the charter school fails to meet
instruction during that summer. performance standards.
b. Each summer day of instruction offered by the charter d. The methodology that will be used by the charter school
school under subd. 3. a. is comprised of no fewer than 270 minutes governing board to monitor and verify pupil enrollment, credit
of instruction. accrual and course completion.
(g) 1. Beginning in the 2016−17 school year, subject to s. e. A requirement that the director have direct access to pupil
121.085 (1), the department shall decrease a school district’s state data.
aid payment under s. 121.08 by an amount calculated as follows: f. A description of the administrative relationship between the
a. Determine the number of pupils residing in the school dis- parties to the contract.
trict for whom a payment is made under par. (e) to an operator of g. A requirement that the charter school governing board hold
a charter school established under contract with an entity under parent−teacher conferences at least annually.
par. (b) 1. e., eg., or f. in that school year.
h. A requirement that if more than one charter school is oper-
b. Multiply the number of pupils under subd. 1. a. by the per ated under the contract, the charter school governing board reports
pupil amount calculated under par. (e) 2p. for that school year. to the director on each charter school separately.
bf. Identify the pupils residing in the school district for whom i. A requirement that the charter school governing board pro-
a payment is made under par. (fm) to an operator of a charter vide the data needed by the director for purposes of making the
school established under contract with an entity under par. (b) 1. report required under sub. (3m) (f).
e. or f. in that school year.
j. A requirement that the charter school governing board par-
bn. Sum the payments made under par. (fm) 1. for all of the
ticipate in any training provided by the director.
pupils identified under subd. 1. bf. that school year.
k. A description of all fees that the director will charge the
c. Determine the number of pupils residing in the school dis-
trict for whom a payment is made under par. (f) in that school year. charter school governing board.
d. Multiply the number of pupils under subd. 1. c. by the per L. If the contract is for the operation of a charter school that
pupil amount calculated under par. (f) 1. for that school year. includes a grade from 5 to 12, a requirement that the charter
school’s curriculum include the instruction required under s.
df. Identify the pupils residing in the school district for whom 121.02 (1) (L) 8., so far as applicable.
a payment is made under par. (fm) to an operator of a charter
school established under contract with an entity under par. (b) 1. 3. a. A contract may include grounds for expelling a pupil
g. or h. in that school year. from the charter school.
dn. Sum the payments made under par. (fm) 2. for all of the b. If the contract includes grounds for expelling a pupil from
pupils identified under subd. 1. df. that school year. the charter school as permitted under subd. 3. a., the contract shall
include the procedures to be followed by the charter school prior
e. Sum the amounts determined under subd. 1. b., bn., d., and to expelling a pupil.
dn.
4. The director may not contract for the establishment of a vir-
2. If a school district’s state aid payment under s. 121.08 is
tual charter school.
insufficient to cover the reduction under subd. 1., as determined
under s. 121.085 (2), the department shall decrease other state aid (cm) Notwithstanding par. (b) 1., the director may enter into
payments made by the department to the school district by the a contract to establish, as a pilot project, one recovery charter
remaining amount. school, to be located in this state and that operates only high school
3. The department shall ensure that the decrease under subd. grades, if the term of the contract is limited to 4 consecutive school
1. does not affect the amount determined to be received by a years and the contract requires the charter school operator to do
school district as state aid under s. 121.08 for any other purpose. all of the following:
(h) A charter school established under this subsection is a local 1. Provide an academic curriculum that satisfies the high
educational agency under 20 USC 6301 to 6578 and as such is eli- school graduation requirements under s. 118.33.
gible for funding as a local educational agency, and shall comply 2. Provide therapeutic programming and support for pupils in
with all requirements of local educational agencies, under 20 USC recovery from substance use disorder or dependency.
6301 to 6578. 3. Require prospective pupils to apply to attend the charter
(2x) OFFICE OF EDUCATIONAL OPPORTUNITY. (a) In this subsec- school and condition eligibility for enrollment on all of the follow-
tion: ing:
1. “Director” means the special assistant to the president of a. That the applicant has begun treatment in a substance use
the University of Wisconsin System appointed under s. 36.09 (2) disorder or dependency program.
(c). b. That the applicant will have maintained sobriety for at least
2. “Instructional staff” has the meaning given in the rules pro- 30 days prior to attending the charter school.
mulgated by the department under s. 121.02 (1) (a) 2. c. That the applicant submit to a drug screening assessment
3. “Resident school board” means the school board of the and, if indicated, a drug test. An applicant who tests positive for
school district in which a pupil resides. the presence of a drug in his or her system may not be enrolled in
(b) 1. The director may contract with a person to operate a the charter school.
charter school. 4. Limit enrollment to no more than 15 pupils.
2. A contract to operate a charter school shall include all of 5. Require, as a condition of continuing enrollment, that an
the provisions specified under sub. (1m) (b) 1. to 14. and shall applicant receive counseling from substance use disorder or
specify the effect of the establishment of the charter school on the dependency counselors employed by the charter school while
liability of the University of Wisconsin System under this para- enrolled in the charter school.
6. Establish the following policies for pupils attending the c. Identify the pupils residing in the school district for whom
charter school: a payment is made under par. (em) 1. in that school year.
a. Suspension and expulsion policies for pupils. The operator d. Sum the payments made under par. (em) 1. for all of the
shall provide for incremental and rehabilitative discipline in the pupils identified under subd. 1. c. that school year.
policies under this subd. 6. a. The operator shall model expulsion e. Sum the amounts determined under subd. 1. b. and d.
procedures on the procedures for expulsion under s. 120.13 (1) (c) 2. If a school district’s state aid payment under s. 121.08 is
3. insufficient to cover the reduction under subd. 1., as determined
b. That a pupil attending the charter school may elect to unen- under s. 121.085 (2), the department shall decrease other state aid
roll from the charter school upon the completion of any treatment payments made by the department to the school district by the
program required of the pupil. remaining amount.
7. Require, as a condition of continuing enrollment, that an 3. The department shall ensure that the decrease under subd.
applicant submit claims for coverage of therapeutic programming 1. does not affect the amount determined to be received by a
and support and counseling provided by the charter school to any school district as state aid under s. 121.08 for any other purpose.
health care plan, as defined in s. 628.36 (2) (a) 1., under which the (3) CONTRACT. (a) If the school board grants the petition
applicant is covered for mental health services. under sub. (2), the school board shall contract with the person
(d) The director shall do all of the following: named in the petition under sub. (1m) (b) 1. to operate the school
1. Ensure that all instructional staff of charter schools estab- as a charter school under this section. The contract shall include
lished under this subsection hold a license or permit to teach all of the provisions specified in the petition and may include other
issued by the department. provisions agreed to by the parties.
2. Administer the examinations under ss. 118.30 (1r) and (b) A contract under par. (a) or under sub. (2m), (2r), or (2x)
121.02 (1) (r) to pupils enrolled in charter schools established may be for any term not exceeding 5 school years and may be
under this subsection. renewed for one or more terms not exceeding 5 school years. The
(e) 1. Beginning in the 2016−17 school year, from the appro- contract shall specify the amount to be paid to the charter school
priation under s. 20.255 (2) (fp), for each pupil attending a charter during each school year of the contract.
school established under this subsection, other than the charter (c) 1. A school board may not enter into a contract for the
school established under par. (cm), the department shall pay to the establishment of a charter school located outside the school dis-
operator of a charter school established under this subsection an trict, except as follows:
amount equal to the per pupil amount paid to an operator of a char- a. If 2 or more school boards enter into an agreement under
ter school under sub. (2r) (e) in that school year. s. 66.0301 to establish a charter school, the charter school shall be
1m. Beginning in the 2017−18 school year, from the appro- located within one of the school districts.
priation under s. 20.255 (2) (fq), for each pupil attending the char- b. If one or more school boards enter into an agreement with
ter school established under par. (cm), the department shall pay to the board of control of a cooperative educational service agency
the operator of the charter school an amount equal to the per pupil to establish a charter school, the charter school shall be located
amount paid to an operator of a charter school under sub. (2r) (e) within the boundaries of the cooperative educational service
in that school year. agency.
2. The department shall pay 25 percent of the total amount c. If a school board enters into an agreement with a federally
required to be paid under this paragraph in September, 25 percent recognized American Indian tribe or band in this state to establish
in December, 25 percent in February, and 25 percent in June. The a charter school, the charter school shall be located within the
department shall send the check to the operator of the charter school district or within the boundaries of the tribe’s or band’s res-
school. The state superintendent shall include the entire amount ervation.
under par. (em) 1. in the December installment, but the payment 1m. Subdivision 1. does not apply to the establishment of a
shall be made in a separate check from the payment under this virtual charter school.
paragraph. 2. A school board may not enter into a contract that would
(eh) Annually, on or before September 15, an operator of a result in the conversion of a private, sectarian school to a charter
charter school authorized under this subsection shall file with the school.
department a report stating its summer daily attendance for each (f) 1. A contract with a school board, an entity under sub. (2r)
day of summer school for the purpose of par. (em). (b) 1. a. to h., or the director under sub. (2x) may provide for the
(em) 1. Beginning in the 2018−19 school year, in addition to establishment of more than one charter school, and, except as pro-
the payment under par. (e) and subject to subd. 2., for a pupil vided in subd. 2., a charter school governing board may enter into
attending summer school at a charter school established under this more than one contract with a school board, an entity under sub.
subsection, the state superintendent shall pay to the operator of the (2r) (b), or the director under sub. (2x).
charter school, in the manner described in par. (e) 2., the amount 2. The governing board of the charter school established
determined under sub. (2r) (fm) 1. for the pupil. under a contract with the director under sub. (2x) (cm) may not
2. An operator of a charter school may receive a per pupil pay- enter into more than one contract with the director.
ment under this paragraph if all of the following are satisfied: (g) 1. Except as provided in subds. 2., 3., and 4. and sub. (4)
a. The charter school offers no fewer than 19 summer days of (ar) 1., a contract with a school board, an entity under sub. (2r) (b),
instruction during that summer. or the director under sub. (2x) shall require that if the capacity of
b. Each summer day of instruction offered by the charter the charter school is insufficient to accept all pupils who apply, the
school under subd. 2. a. is comprised of no fewer than 270 minutes charter school shall accept pupils at random.
of instruction. 2. a. A charter school shall give preference in enrollment to
(f) 1. Beginning in the 2016−17 school year, subject to s. pupils who were enrolled in the charter school in the previous
121.085 (1), the department shall decrease a school district’s state school year.
aid payment under s. 121.08 by an amount calculated as follows: b. A charter school other than the charter school established
a. Determine the number of pupils residing in the school dis- under a contract with the director under sub. (2x) (cm) shall give
trict for whom a payment is made under par. (e) 1. in that school preference to siblings of pupils who are enrolled in the charter
year. school.
b. Multiply the number of pupils under subd. 1. a. by the per 3. A charter school may give preference in enrollment to the
pupil amount calculated under par. (e) 1. for that school year. children of the charter school’s founders, governing board mem-
bers, and full−time employees, but the total number of such chil- 1. If the charter school replaces a public school in whole or
dren given preference may constitute no more than 10 percent of in part, give preference in admission to any pupil who resides
the charter school’s total enrollment. within the attendance area or former attendance area of that public
4. A charter school established under a contract with a union school.
high school district under sub. (2) or (2m) may give preference in 2. Be nonsectarian in its programs, admissions policies,
enrollment to pupils who were enrolled during the previous school employment practices and all other operations.
year in a charter school operating under a cooperative agreement (b) Restrictions. A charter school governing board may not do
with the charter school established under a contract with a union any of the following:
high school district. 1. Charge tuition, except as otherwise provided in s. 121.83
(h) A school board, an entity under sub. (2r), or the director (4).
under sub. (2x) may contract for the establishment of a charter 2. Except as provided in sub. (3) (h), discriminate in admis-
school that enrolls only one sex or that provides one or more cour- sion or deny participation in any program or activity on the basis
ses that enroll only one sex if the school board, entity under sub. of a person’s sex, race, religion, national origin, ancestry, preg-
(2r), or the director under sub. (2x) makes available to the opposite nancy, marital or parental status, sexual orientation or physical,
sex, under the same policies and criteria of admission, schools or mental, emotional or learning disability.
courses that are comparable to each such school or course.
(d) Powers. Subject to the terms of its contract, a charter
(3m) AUTHORIZING ENTITY DUTIES. A school board, an entity school governing board has all the powers necessary to carry out
under sub. (2r) (b), and the director under sub. (2x) shall do all of the terms of its contract, including all of the following:
the following:
1. To receive and disburse funds for school purposes.
(a) Solicit and evaluate charter school applications.
2. To secure appropriate insurance.
(b) When contracting for the establishment of a charter school
under this section, consider the principles and standards for qual- 3. To enter into contracts, including contracts with a Univer-
ity charter schools established by the National Association of sity of Wisconsin institution or college campus, technical college
Charter School Authorizers. district board, or private college or university, for technical or
financial assistance, academic support, curriculum review, or
(c) Give preference in awarding contracts for the operation of other services.
charter schools other than the charter school established under a
contract with the director under sub. (2x) (cm) to those charter 4. To incur debt in reasonable anticipation of the receipt of
schools that serve children at risk, as defined in s. 118.153 (1) (a). funds.
(d) Approve only high−quality charter school applications that 5. To pledge, assign, or encumber its assets to be used as col-
meet identified educational needs and promote a diversity of edu- lateral for loans or extensions of credit.
cational choices. 6. To solicit and accept gifts or grants for school purposes.
(e) In accordance with the terms of each charter school con- 7. To acquire real property for its use.
tract, monitor the performance and compliance with this section 8. To sue and be sued in its own name.
of each charter school with which it contracts. (5) CHARTER REVOCATION. A charter may be revoked by the
(f) Annually, submit to the state superintendent and to the leg- school board, the entity under sub. (2r) (b), or the director under
islature under s. 13.172 (2) a report that includes all of the follow- sub. (2x) that contracted with the charter school if the school board
ing: or, if applicable, the entity under sub. (2r) (b) or the director under
1. An identification of each charter school operating under sub. (2x) finds that any of the following occurred:
contract with it, each charter school that operated under a contract (a) The charter school violated its contract with the school
with it but had its contract nonrenewed or revoked or that closed, board, the entity under sub. (2r) (b), or the director under sub. (2x).
and each charter school under contract with it that has not yet (b) The pupils enrolled in the charter school failed to make suf-
begun to operate. ficient progress toward attaining the educational goals under s.
2. The academic and financial performance of each charter 118.01.
school operated under contract with it. (c) The charter school failed to comply with generally
3. The operating costs the school board, entity under sub. (2r) accepted accounting standards of fiscal management.
(b), or director under sub. (2x) incurred under pars. (a) to (e), (d) The charter school violated this section.
detailed in an audited financial statement prepared in accordance (6) PROGRAM VOLUNTARY. No pupil may be required to attend
with generally accepted accounting principles. a charter school without his or her approval, if the pupil is an adult,
4. The services the school board, entity under sub. (2r) (b), or or the approval of his or her parents or legal guardian, if the pupil
director under sub. (2x) provided to the charter schools under con- is a minor.
tract with it and an itemized accounting of the cost of the services. (7) LEGAL STATUS; APPLICABILITY OF SCHOOL LAWS. (a) Except
(3o) REPORT OF THE DIRECTOR TO THE DEPARTMENT OF HEALTH as provided in par. (am), the school board of the school district in
SERVICES. The director shall, following the 3rd school year of the which a charter school is located shall determine whether or not
operation of the charter school established under sub. (2x) (cm), the charter school is an instrumentality of the school district. If the
report, in writing, to the department of health services on the oper- school board determines that the charter school is an instrumental-
ation and effectiveness of the charter school. The director shall ity of the school district, the school board shall employ all person-
include in the report an evaluation of the effectiveness of the char- nel for the charter school. If the school board determines that the
ter school on long−term student recovery outcomes. charter school is not an instrumentality of the school district, the
(4) CHARTER SCHOOL GOVERNING BOARD; DUTIES, POWERS, AND school board may not employ any personnel for the charter school.
RESTRICTIONS. (ag) Governing board. Each charter school shall (am) 1. Except as provided in subds. 2. and 3., if a charter
be governed by a governing board that is a party to the contract school is established under sub. (2m) and located in the school dis-
with the authorizing entity. No more than a minority of the gov- trict operating under ch. 119, the school board of that school dis-
erning board’s members may be employees of the charter school trict shall determine whether or not the charter school is an instru-
or employees or officers of the school district in which the charter mentality of the school district. If the school board determines
school is located. that a charter school is an instrumentality of the school district, the
(ar) Duties. A charter school governing board shall do all of school board shall employ all personnel for the charter school. If
the following: the school board determines that a charter school is not an instru-
mentality of the school district, the school board may not employ 2. Diagnosing learning needs.
any personnel for the charter school. 3. Prescribing content delivery through class activities.
2. A charter school established under sub. (2r) or (2x) or a pri- 4. Assessing learning.
vate school located in the school district operating under ch. 119 5. Reporting outcomes to administrators and parents and
that is converted to a charter school is not an instrumentality of any guardians.
school district and no school board may employ any personnel for
6. Evaluating the effects of instruction.
the charter school. If the chancellor of an institution in the Univer-
sity of Wisconsin System other than the University of Wisconsin (d) Required days and hours. A virtual charter school shall do
Milwaukee contracts for the establishment of a charter school all of the following:
under sub. (2r), the board of regents of the University of Wiscon- 1. Provide educational services to its pupils for at least 150
sin System may employ instructional staff for the charter school. days each school year.
If a technical college district board other than the Milwaukee area 2. Ensure that its teachers are available to provide direct pupil
technical college district board contracts for the establishment of instruction for at least the applicable number of hours specified in
a charter school under sub. (2r), the technical college may employ s. 121.02 (1) (f) each school year. No more than 10 hours in any
instructional staff for the charter school. 24−hour period may count toward the requirement under this sub-
3. Notwithstanding subd. 2., if the city of Milwaukee con- division.
tracts with an individual or group operating for profit to operate 3. Ensure that its teachers respond to inquiries from pupils and
a school as a charter school, the charter school is an instrumental- from parents or guardians of pupils by the end of the first school
ity of the school district operating under ch. 119 and the board of day following the day on which the inquiry is received.
the school district operating under ch. 119 shall employ all person- (e) Parent advisory council. The governing body of a virtual
nel for the charter school. charter school shall ensure that a parent advisory council is estab-
4. If a school board enters into an agreement with a federally lished for the school and that it meets on a regular basis. The gov-
recognized American Indian tribe or band in this state to establish erning body shall determine the selection process for members of
a charter school under sub. (3) (c) 1. c., that school board shall the parent advisory council.
determine whether the charter school is an instrumentality of the (f) Required notices. At the beginning of each school term, the
school district regardless of the location of the charter school. governing body of a virtual charter school shall inform the parent
(ar) Nothing in this section affects the rights of personnel of a or guardian of each pupil attending the virtual charter school, in
charter school that is an instrumentality of a school district to writing, the name of, and how to contact, each of the following
engage in collective bargaining pursuant to subch. IV of ch. 111. persons:
(b) Except as otherwise explicitly provided, chs. 115 to 121 do 1. The members of the school board that contracted for the
not apply to charter schools. establishment of the virtual charter school and the administrators
(8) VIRTUAL CHARTER SCHOOLS. (a) Location. For the pur- of that school district.
poses of sub. (7) (a), (am), and (ar), a virtual charter school is con- 2. The members of the virtual charter school’s governing
sidered to be located in the following school district: body, if different than the persons under subd. 1.
1. If a school board contracts with a person to establish the 3. The members of the virtual charter school’s parent advisory
virtual charter school, in the school district governed by that council established under par. (e).
school board. 4. The staff of the virtual charter school.
2. If 2 or more school boards enter into an agreement under (g) Pupil’s failure to participate. 1. Whenever a pupil attend-
s. 66.0301 to establish the virtual charter school, or if one or more ing a virtual charter school fails to respond appropriately to a
school boards enter into an agreement with the board of control of school assignment or directive from instructional staff within 5
a cooperative educational service agency to establish the virtual school days, the governing body of the virtual charter school shall
charter school, in the school district specified in the agreement. notify the pupil’s parent or guardian.
(b) Licensure. 1. The governing body of a virtual charter 2. Subject to subd. 2m., the third time in the same semester
school shall assign an appropriately licensed teacher for each that a pupil attending a virtual charter school fails to respond
online course offered by the virtual charter school. In this subsec- appropriately to a school assignment or directive from instruc-
tion, an individual who holds a license or permit to teach a subject tional staff within 5 school days, the governing body of the virtual
and level in the state from which the online course is provided is charter school shall also notify the school board that contracted for
appropriately licensed to teach the subject and level in this state. the establishment of the virtual charter school, the school board of
1g. The governing body of a virtual charter school may not the pupil’s resident school district, and the department. The
permit a person holding both a license to teach exclusively in a school board that contracted for the establishment of the virtual
charter school and a license to teach in other public schools to charter school may transfer the pupil to his or her resident school
teach, in the virtual charter school, a subject or at a level that is not district. If the pupil is a resident of the school district that con-
authorized by the latter license. tracted for the establishment of the virtual charter school, the
school board may assign the pupil to another school or program
1r. The governing body of a virtual charter school may not
within that school district. If the school board transfers or assigns
permit a person holding only a permit to teach exclusively in a a pupil, it shall notify the pupil’s parent or guardian and the depart-
charter school to teach in a virtual charter school. ment.
2. If a pupil attends a virtual charter school, any person pro- 2m. If the parent or guardian of a pupil attending a virtual
viding educational services to the pupil in the pupil’s home, other charter school notifies the virtual charter school in writing before
than instructional staff of the virtual charter school, is not required a school assignment or directive is given that the pupil will not be
to hold a license or permit to teach issued by the department. available to respond to the assignment or directive during a speci-
3. The department may not require a person licensed as pro- fied period, the school days during that period do not count for
vided under subd. 1. to complete professional development not purposes of subd. 2. The virtual charter school shall require the
required of any other individual required to be licensed under s. pupil to complete any assignment missed during the period. This
118.19. subdivision applies to no more than 10 school days in a school
(c) Staff duties. In a virtual charter school, an instructional year.
staff member is responsible for all of the following for each pupil 3. The parent or guardian of a pupil transferred to the pupil’s
the instructional staff member teaches: resident school district under subd. 2. may appeal the transfer to
1. Improving learning by planned instruction. the department within 30 days after receipt of the notice of trans-
fer. The department shall affirm the school board’s decision 2. Provide additional support to teachers and principals,
unless the department finds that the decision was arbitrary or which may include professional development that is incorporated
unreasonable. into their work and tuition reimbursement for courses related to
History: 1993 a. 16, 490; 1995 a. 27 ss. 3983m to 3992m, 9145 (1); 1997 a. 27, their professional duties.
238, 252; 1999 a. 9; 1999 a. 150 s. 672; 2001 a. 16, 105; 2003 a. 33, 156; 2005 a. 25,
111, 346; 2007 a. 222; 2009 a. 28, 61, 276; 2011 a. 10, 32, 105; 2013 a. 20; 2013 a. (c) Establish teacher and principal improvement programs that
173 s. 33; 2013 a. 257; 2015 a. 55; 2017 a. 30, 59, 364; 2017 a. 365 s. 111; 2017 a. include all of the following:
366; 2019 a. 9, 83; 2021 a. 30; s. 35.17 correction in (2r) (b) 1. h., (cq), and (fm) 2.
(intro.), (3) (f) 1. 1. Supplemental mentoring for those with emergency licenses
A public school district did not violate the equal protection clause of the U.S. Con- or permits.
stitution by refusing to bus the students of a charter school created under sub. (2r)
located within its geographical boundaries. Racine Charter One, Inc. v. Racine Uni- 2. Opportunities to pursue other professional certifications,
fied School District, 424 F.3d 677 (2005). including certification by the National Board for Professional
Teaching Standards.
118.42 Low−performing school districts and schools; 3. Annually, at least 60 hours of professional development
state superintendent interventions. (1) If the state super-
that is incorporated into their work. The school board shall con-
intendent determines that a school district has been in need of
sult with teachers and principals on the content of the professional
improvement for 4 consecutive school years, the school board
development.
shall do all of the following:
(a) Employ a standard, consistent, research−based curriculum 4. A joint labor−management program designed to objec-
that is aligned with the state’s model academic standards, as deter- tively identify teachers and principals who demonstrate serious
mined by the state superintendent, and across grades in all performance deficiencies and provide them with opportunities for
schools. improvement, including weekly observation, mentoring, ongoing
conferences, modeling, and professional development. The
(b) Use pupil academic performance data, including data indi- school board shall offer career counseling and other career transi-
cating improvement in pupil academic achievement and English
tion benefits to those teachers and principals who continue to
language acquisition, to differentiate instruction to meet individ-
demonstrate performance deficiencies.
ual pupil needs. To the extent practicable, the school board shall
assess pupils in the language and form most likely to yield accu- (d) Adopt placement criteria for principals that include perfor-
rate data. mance evaluations and measures of pupil academic achievement.
(c) Implement for all pupils a system of academic and behav- (3) (a) If the state superintendent determines that a school dis-
ioral supports and early interventions, including diagnostic trict has been in need of improvement for 4 consecutive school
assessments, instruction in core academic subjects, different years, the state superintendent may, after consulting with the
instructional strategies for different pupils, and strategies to school board, the school district superintendent, and representa-
improve reading and mathematics instruction and promote posi- tives of each labor organization representing school district
tive behavior. employees, direct the school board to do one or more of the fol-
(d) Provide additional learning time to address the academic lowing in the school district:
needs of pupils who are struggling academically, including pupils 1. Implement or modify activities described in sub. (1) (a) to
whose proficiency in English is limited. The additional learning (d).
time may include an extended school day, an extended school 2. Implement a new or modified instructional design, which
year, summer school, or intersession courses. may include expanded school hours or additional pupil supports
(2) If the state superintendent determines that a public school and services.
was in the lowest performing 5 percent of all public schools in the 3. Implement professional development programs that focus
state in the previous school year and is located in a school district on improving pupil academic achievement.
that has been in need of improvement for 4 consecutive school 4. Implement changes in administrative and personnel struc-
years, the school board shall do all of the following in the school: tures.
(a) Use rigorous and equitable performance evaluation sys-
5. Adopt accountability measures to monitor the school dis-
tems for teachers and principals that include all of the following:
trict’s finances or to monitor other interventions directed by the
1. Annual performance evaluations; multiple rating catego- state superintendent under subds. 1. to 4.
ries; multiple rating criteria, including improvement in pupil aca-
demic achievement as a significant factor; observation−based per- (b) If the state superintendent determines that a public school
formance assessments; and an up−to−date collection of is located in a school district that has been in need of improvement
professional practice materials. The school board shall ensure for 4 consecutive school years, and that the school has been in
that improvement in pupil academic achievement is based on at need of improvement for 5 consecutive school years or was
least 2 measures. among the lowest performing 5 percent of all public schools in the
state in the previous school year, the state superintendent may,
2. A method of identifying mitigating factors, such as a high
after consulting with the school board, the school district superin-
rate of pupil mobility, large class size, insufficient preparation
tendent, and representatives of each labor organization represent-
time, insufficient paraprofessional support, insufficient profes-
ing school district employees, direct the school board to do one or
sional development, and insufficient resources or support, that
could affect a teacher’s or principal’s performance. more of the following in the school:
(b) Adopt a policy establishing criteria for evaluating whether 1. Implement a new or modified instructional design, which
the distribution of teachers and principals within the affected may include expanded school hours or additional pupil supports
schools relative to the distribution of teachers and principals and services.
throughout the school district, based upon their qualifications and 2. Create a school improvement council consisting of the state
effectiveness, is equitable. Using the criteria, the school board superintendent or his or her designee, the school district or school
shall determine whether the distribution of principals and teachers board president or his or her designee, the school district adminis-
is equitable. If the school board determines that the distribution trator or his or her designee, the school principal or his or her
is inequitable, the school board shall do all of the following: designee, and representatives of each labor organization repre-
1. Perform a comprehensive review of current policies and senting school district employees, to make recommendations to
constraints that prevent low−performing schools from recruiting, the state superintendent regarding improving the school.
placing, and retaining effective teachers and principals, and (c) 1. If the state superintendent issues a directive under par.
implement strategies to eliminate those policies and constraints. (a) or (b), he or she shall do all of the following:
a. Notify the legislature’s education committees under s. 1. In the previous school year, each school had an enrollment
13.172 (3) and each legislator whose legislative district includes that was at least 30 percent low income.
any portion of the school district. 2. The school board is not receiving a grant under the pre-
b. Provide a system of support and improvement, including school to grade 5 program on behalf of any of the schools under
technical assistance, to the school board. s. 115.45, 2009 stats.
2. If a school board receives a directive from the state superin- 3. None of the schools is a beneficiary of a contract under this
tendent under par. (a) or (b), the school board shall seek input from section.
school district staff, parents, and community leaders on imple- (bv) In the 2011−12 school year, the school board of an eligible
menting the directive. school district may enter into a 5−year achievement guarantee
(4) The state superintendent shall promulgate rules establish- contract with the department on behalf of one or more schools in
ing criteria and procedures for determining whether a school or the school district if, in the 2010−11 school year, the school board
school district is in need of improvement and whether a school is received a grant under the preschool to grade 5 program on behalf
among the lowest performing 5 percent of all public schools in the of the schools under s. 115.45, 2009 stats.
state, for the purposes of this section. (c) Notwithstanding pars. (b) and (bg), the school board of the
(5) Nothing in this section alters or otherwise affects the rights school district operating under ch. 119 may enter into an achieve-
or remedies afforded school districts and school district employment guarantee contract on behalf of up to 10 schools under par.
ees under federal or state law. (b) and up to 10 schools under par. (bg).
History: 2009 a. 215; 2011 a. 10. (d) If an eligible school district has more than one school that
Cross−reference: See also ch. PI 43, Wis. adm. code. qualifies under par. (b), the school board shall apply on behalf of
the school with the largest number of low−income pupils in grades
118.43 Achievement guarantee contracts; state aid. kindergarten and one.
(1) DEFINITIONS. In this section:
(e) 1. If the school board of an eligible school district does not
(a) “Class size” means the number of pupils assigned to a regu- enter into an achievement guarantee contract with the department,
lar classroom teacher on the 3rd Friday of September. a school board that has entered into such a contract, other than the
(b) “Low income” means pupils who satisfy the income eligi- school board of the school district operating under ch. 119, may
bility criteria under 42 USC 1758 (b) (1). apply to the department to enter into such a contract on behalf of
(2) ELIGIBILITY; APPLICATION. (a) The school board of any one or more schools that meet the requirements under par. (b), (bg)
school district in which a school in the previous school year had or (br).
an enrollment that was at least 50 percent low−income is eligible 2. If more than one school board applies under subd. 1., the
to participate in the program under this section, except that a department shall determine which school board to contract with
school board is eligible to participate in the program under this based on the number of low−income pupils in grades kindergarten
section in the 2000−01 school year if in the 1998−99 school year and one enrolled in the schools and on the balance of rural and
a school in the school district had an enrollment that was at least urban school districts currently participating in the program.
0 percent low−income. (f) The department and a school board may agree to extend an
(b) In the 1996−97 school year, the school board of an eligible achievement guarantee contract entered into or renewed in the
school district may enter into a 5−year achievement guarantee 2010−11 school year for one year under existing contract terms.
contract with the department on behalf of one school in the school (g) The department may renew an achievement guarantee con-
district if all of the following apply: tract under pars. (b), (bg), (br), (bt), and (bv) for one or more terms
1. In the previous school year, the school had an enrollment of 5 school years. Except as provided in sub. (3m), as a condition
that was at least 30 percent low−income. of receiving payments under a renewal of an achievement guaran-
2. The school board is not receiving a grant under the pre- tee contract, a school board shall maintain the reduction of class
school to grade 5 program on behalf of the school under s. 115.45, size achieved during the last school year of the original achieve-
2009 stats. ment guarantee contract for the grades specified for the last school
(bg) In the 1998−99 school year, the school board of an eligible year of the contract.
school district may enter into a 5−year achievement guarantee (3) CONTRACT REQUIREMENTS. Except as provided in pars.
contract with the department on behalf of one school in the school (am), (ar), (at), and (av) and sub. (3r), an achievement guarantee
district if all of the following apply: contract shall require the school board to do all of the following
1. In the previous school year, the school had an enrollment in each participating school:
that was at least 30 percent low−income. (a) Class size. Reduce each class size to 15 in the following
2. The school board is not receiving a grant under the pre- manner:
school to grade 5 program on behalf of the school under s. 115.45, 1. In the 1996−97 school year, in at least grades kindergarten
2009 stats. and one.
(br) In the 2000−01 school year, the school board of an eligible 2. In the 1997−98 school year, in at least grades kindergarten
school district may enter into a 5−year achievement guarantee to 2.
contract with the department on behalf of one or more schools in 3. In the 1998−99 to 2000−01 school years, in at least grades
the school district if all of the following apply: kindergarten to 3.
2. The school board is not receiving a grant under the pre- (am) Class size; additional contracts. For contracts that begin
school to grade 5 program on behalf of any of the schools under in the 1998−99 school year, reduce each class size to 15 in the fol-
s. 115.45, 2009 stats. lowing manner:
3. The school board, if eligible to participate in the program 1. In the 1998−99 school year, in at least grades kindergarten
under this section in the 1996−97 and 1998−99 school years, had and one.
participated in the program during either school year. 2. In the 1999−2000 school year, in at least grades kindergar-
4. None of the schools is a beneficiary of a contract under this ten to 2.
section. 3. In the 2000−01 to 2002−03 school years, in at least grades
(bt) In the 2010−11 school year, the school board of an eligible kindergarten to 3.
school district may enter into a 5−year achievement guarantee (ar) Class size; additional contracts. For contracts that begin
contract with the department on behalf of one or more schools in in the 2000−01 school year, reduce each class size to 15 in the fol-
the school district if all of the following apply: lowing manner:
1. In the 2000−01 school year, in at least grades kindergarten (3m) ADJUSTMENT TO CLASS SIZE. (a) Beginning in the
and one. 2010−11 school year, notwithstanding sub. (3) (a), (am), and (ar),
2. In the 2001−02 school year, in at least grades kindergarten a school board operating under an achievement guarantee contract
to 2. on May 27, 2010, may do any of the following:
3. In the 2002−03 to 2004−05 school years, in at least grades 1. Satisfy the class size limitation by reducing each class size
kindergarten to 3. in each school covered by the contract to no more than 18.
(at) Class size; additional contracts. For contracts that begin 2. Combine 2 classes subject to the class size limitation in any
in the 2010−11 school year, reduce each class size to 18 in the fol- school covered by the contract having at least 2 regular classroom
lowing manner: teachers when the classes are combined if the combined class size
1. In the 2010−11 school year, in at least grades kindergarten is not greater than 30.
and one. (b) A school board operating under an achievement guarantee
2. In the 2011−12 school year, in at least grades kindergarten contract entered into under sub. (3) (at) or (av) may combine 2
to 2. classes subject to the class size limitation in any school covered
3. In the 2012−13 to 2014−15 school years, in at least grades by the contract having at least 2 regular classroom teachers when
kindergarten to 3. the classes are combined if the combined class size is not greater
than 30.
(av) Class size; additional contracts. For contracts that begin
in the 2011−12 school year, reduce each class size to 18 in the fol- (3r) ADJUSTMENT TO PARTICIPATING GRADES. A school district
lowing manner: that has entered into or renewed an achievement guarantee con-
tract under this section may, in one or more years covered by the
1. In the 2011−12 school year, in at least grades kindergarten contract, choose not to comply with the requirement to reduce
and one. class size in grades 2 or 3, or both, in one or more schools in the
2. In the 2012−13 school year, in at least grades kindergarten district.
to 2. (4) OTHER CONTRACT PROVISIONS. Each achievement guaran-
3. In the 2013−14 to 2015−16 school years, in at least grades tee contract shall include all of the following:
kindergarten to 3.
(a) A description of how the school will implement each of the
(b) Education and human services. 1. Keep the school open elements under sub. (3), including any alternative class configura-
every day from early in the morning until late in the day, as speci- tions for specific educational activities that may be used to meet
fied in the contract. the class size requirement under sub. (3).
2. Collaborate with community organizations to make educa- (b) A description of the method that the school district will use
tional and recreational opportunities, as well as a variety of com- to evaluate the academic achievement of the pupils enrolled in the
munity and social services, available in the school to all school school.
district residents.
(c) A description of the school’s performance objectives for
(c) Curriculum. 1. Provide a rigorous academic curriculum the academic achievement of the pupils enrolled in the school and
designed to improve pupil academic achievement. the means that will be used to evaluate success in attaining the
2. In consultation with the department and with the participa- objectives. Performance objectives shall include all of the follow-
tion of the school’s teachers and administrators and school district ing:
residents, review the school’s current curriculum to determine 1. Where applicable, improvement in the scores on the exami-
how well it promotes pupil academic achievement. nation administered to pupils under s. 121.02 (1) (r).
3. If necessary, outline any changes to the curriculum to 2. The attainment of any educational goals adopted by the
improve pupil academic achievement. school board.
(d) Staff development and accountability. 1. Develop a one−
3. Professional development with the objective of improving
year program for all newly hired employees that helps them make
pupil academic achievement.
the transition from their previous employment or school to their
current employment. 4. Methods by which the school involves pupils, parents or
guardians of pupils and other school district residents in decisions
2. Provide time for employees to collaborate and plan.
affecting the school.
3. Require that each teacher and administrator submit to the
school board a professional development plan that focuses on how (d) 1. Except as provided in subd. 2., a description of any stat-
the individual will help improve pupil academic achievement. ute or rule that is waived under s. 118.38 if the waiver is related
The plan shall include a method by which the individual will to the contract.
receive evaluations on the success of his or her efforts from a vari- 2. No achievement guarantee contract entered into or
ety of sources. renewed under sub. (2) may include a waiver of any requirement
4. Regularly review staff development plans to determine if of or rule promulgated under the authority of this section.
they are effective in helping to improve pupil academic achieve- (e) A description of the means by which the department will
ment. monitor compliance with the terms of the contract.
5. Establish an evaluation process for professional staff mem- (5) ANNUAL REVIEW; NONCOMPLIANCE. (a) At the end of the
bers that does all of the following: 1996−97 school year, the department may terminate a contract if
a. Identifies individual strengths and weaknesses. the department determines that the school board has failed to fully
implement the provisions under sub. (3).
b. Clearly describes areas in need of improvement.
(b) Annually by June 30 through the 2003−04 school year, a
c. Includes a support plan that provides opportunities to learn
committee consisting of the state superintendent, the chairpersons
and improve.
of the education committees in the senate and assembly and the
d. Systematically documents performance in accordance with individual chiefly responsible for the evaluation under sub. (7)
the plan. shall review the progress made by each school for which an
e. Allows professional staff members to comment on and con- achievement guarantee contract has been entered into. The com-
tribute to revisions in the evaluation process. mittee may recommend to the department that the department ter-
f. Provides for the dismissal of professional staff members minate a contract if the committee determines that the school
whose failure to learn and improve has been documented over a board has violated the contract or if the school has made insuffi-
2−year period. cient progress toward achieving its performance objectives under
sub. (4) (c). The department may terminate the contract if it agrees number of low−income pupils enrolled in grades eligible for fund-
with the committee’s recommendation. ing in each school in the school district covered by renewals of
(6) STATE AID. (a) In this subsection, “amount appropriated” contracts under sub. (2) (g).
means the amount appropriated under s. 20.255 (2) (cu) in any fis- 10. Beginning in the 2010−11 school year and ending in the
cal year less $250,000. 2015−16 school year, $2,250 multiplied by the number of low−in-
(b) From the appropriation under s. 20.255 (2) (cu), the depart- come pupils enrolled in a grade eligible for funding, and in a class
ment shall pay to each school district that has entered into a con- in which the class size has been reduced in the manner required
tract with the department under this section an amount determined under sub. (3) (a), (am), (ar), or (at) or permitted under sub. (3m),
as follows: in each school in the school district covered by contracts under
1. In the 1996−97 school year, divide the amount appropriated sub. (3) (at) and (av) and by renewals of contracts under sub. (2)
by the number of low−income pupils enrolled in grades kinder- (g).
garten and one in each school in this state covered by contracts 11. For the 2016−17 school year and any subsequent school
under this section and multiply the quotient by the number of year, the amount determined under s. 118.44 (6) multiplied by the
pupils enrolled in those grades in each school in the school district number of low−income pupils enrolled in a grade eligible for
covered by contracts under this section. funding, and in a class in which the class size has been reduced in
2. In the 1997−98 school year, divide the amount appropriated the manner required under sub. (3) (a), (am), (ar), or (at) or permit-
by the number of low−income pupils enrolled in grades kindergar- ted under sub. (3m), in each school in the school district covered
ten to 2 in each school in this state covered by contracts under this by renewals of contracts under sub. (2) (g).
section and multiply the quotient by the number of pupils enrolled (d) The school board shall use the aid under this section to sat-
in those grades in each school in the school district covered by isfy the terms of the contract.
contracts under this section. (e) The department shall cease payments under this section to
3. In the 1998−99 school year, divide the amount appropriated any school district if the school board withdraws from the contract
by the sum of the number of low−income pupils enrolled in grades before the expiration of the contract.
kindergarten to 3 in each school in this state covered by contracts (6m) RULES. The department shall promulgate rules to imple-
under sub. (3) (a) and the number of low−income pupils enrolled ment and administer the payment of state aid under sub. (6).
in grades kindergarten and one in each school in this state covered (7) EVALUATION. Beginning in the 1996−97 school year and
by contracts under sub. (3) (am) and multiply the quotient by the ending in the 2014−15 school year, the department shall arrange
number of pupils enrolled in those grades in each school in the for an evaluation of the program under this section and shall allo-
school district covered by contracts under this section. cate from the appropriation under s. 20.255 (2) (cu) $250,000 for
4. In the 1999−2000 school year, divide the amount appropri- that purpose.
ated by the sum of the number of low−income pupils enrolled in (8) STATE AID FOR DEBT SERVICE. (a) Beginning in the 2000−01
grades kindergarten to 3 in each school in this state covered by school year, a school district is eligible for aid under this subsec-
contracts under sub. (3) (a) and the number of low−income pupils tion if it applies to the department for approval of the amount of
enrolled in grades kindergarten to 2 in each school in this state bonds specified in the copy of the resolution under 1999 Wiscon-
covered by contracts under sub. (3) (am) and multiply the quotient sin Act 9, section 9139 (2d). If the department approves the
by the number of pupils enrolled in those grades in each school in amount before June 30, 2001, the department shall, from the
the school district covered by contracts under this section. appropriation under s. 20.255 (2) (cs), pay each school district that
6. In the 2000−01 school year, $2,000 multiplied by the num- issues bonds pursuant to a referendum under 1999 Wisconsin Act
ber of low−income pupils enrolled in grades eligible for funding 9, section 9139 (2d), an amount equal to 20 percent of the annual
in each school in the school district covered by contracts under debt service cost on the bonds. This subsection does not apply to
sub. (3) (a) and (am). After making these payments, the depart- the school district operating under ch. 119.
ment shall pay school districts on behalf of schools that are cov- (b) The department shall promulgate rules to implement and
ered by contracts under sub. (3) (ar) an amount equal to $2,000 administer this subsection.
multiplied by the number of low−income pupils enrolled in grades (9) SUNSET. No contract may be entered into or renewed under
eligible for funding in each school in the school district covered this section after July 3, 2015.
by contracts under sub. (3) (ar). In making these payments, the History: 1995 a. 27; 1997 a. 27, 252; 1999 a. 9; 2001 a. 16; 2005 a. 25, 125; 2009
department shall give priority to schools that have the highest per- a. 301; 2011 a. 32, 105; 2013 a. 165; 2015 a. 53, 55.
centage of low−income pupil enrollment and shall also ensure that
it fully distributes the amount appropriated.
118.44 Achievement gap reduction; state aid. (1) DEFI-
7. In the 2001−02 and 2002−03 school years, $2,000 multi- NITIONS. In this section:
plied by the number of low−income pupils enrolled in grades eli-
(a) “Achievement gap” means the difference between the aca-
gible for funding in each school in the school district covered by
demic performance of low−income pupils in a particular school in
contracts under sub. (3) (am) and by renewals of contracts under
a particular grade in a particular subject area and the academic per-
sub. (2) (g). After making these payments, the department shall
formance of all pupils enrolled in public schools statewide in that
pay school districts on behalf of schools that are covered by con-
same grade level and in that same subject area.
tracts under sub. (3) (ar), an amount equal to $2,000 multiplied by
the number of low−income pupils enrolled in grades eligible for (b) “Class size” means the number of pupils assigned to a reg-
funding in each school in the school district covered by contracts ular classroom teacher on the 3rd Friday of September.
under sub. (3) (ar). (c) “Low−income pupil” means a pupil who satisfies the
8. In the 2003−04 and 2004−05 school years, $2,000 multi- income eligibility criteria under 42 USC 1758 (b) (1).
plied by the number of low−income pupils enrolled in grades eli- (d) “Participating grade” means grade 5−year−old kindergar-
gible for funding in each school in the school district covered by ten and grades 1 to 3 in a school subject to a contract under this
contracts under sub. (3) (ar) and by renewals of contracts under section.
sub. (2) (g). (e) “Participating school” means a school that has entered into
9. In the 2005−06 and 2006−07 school years, $2,000 multi- a contract under this section.
plied by the number of low−income pupils enrolled in grades eli- (2) ELIGIBILITY. (a) School districts. The school board of any
gible for funding in each school in the school district covered by school district that has a contract under s. 118.43 on July 3, 2015,
renewals of contracts under sub. (2) (g); and in the 2007−08, is eligible to enter into a contract with the department under sub.
2008−09, and 2009−10 school years, $2,250 multiplied by the (3).
(b) Individual schools. A school is eligible to participate in the (bm) From the appropriation under s. 20.255 (2) (cu), for each
program under this section if the school is subject to a contract low−income pupil enrolled in a participating grade, the depart-
under s. 118.43 on July 3, 2015. ment shall pay to a school district that has entered into a contract
(3) CONTRACT. The school board of an eligible school district with the department under this section an amount determined
may enter into a 5−year contract with the department on behalf of annually by the department as follows:
one or more schools in the school district that are eligible under 1. Determine the total number of low−income pupils enrolled
sub. (2) (b). No achievement gap reduction contract entered into in participating grades in all school districts that have entered into
under this section may include a waiver of any requirement of or a contract with the department under this section and for which the
rule promulgated under the authority of this section. department is required to make a payment under this subsection.
(4) CONTRACT REQUIREMENTS. The terms of a contract under 2. Add to the number of low−income pupils under subd. 1. the
sub. (3) shall require all of the following: number of low−income pupils for whom the department is
(a) Strategies: class size; instructional coaching; tutoring. required to make a payment under s. 118.43.
The school board to implement one or more of the following strat- 3. Divide the amount appropriated by the sum of low−income
egies in each class in each participating grade at each participating pupils under subd. 2.
school: (c) The school board shall use the aid under this section to sat-
1. Provide professional development related to small group isfy the terms of the contract.
instruction and reduce the class size to one of the following: (d) The department shall cease payments under this section to
a. No more than 18. any school district if the school board withdraws from the contract
before expiration of the contract.
b. No more than 30 in a combined classroom having at least
2 regular classroom teachers. (e) The department shall promulgate rules to implement and
administer the payment of state aid under this subsection.
2. Provide data−driven instructional coaching for the class
teachers. The instruction shall be provided by licensed teachers (f) Limitations on payment. If a school fails to implement the
who possess appropriate content knowledge to assist classroom requirements under sub. (4) (a) in a participating grade for which
teachers in improving instruction in math or reading and possess the department has made payment, the school board of the district
expertise in reducing the achievement gap. shall, upon the request of the department, reimburse the depart-
ment the amount paid for the participating grade on the school’s
3. Provide data−informed, one−to−one tutoring to pupils in behalf for the school year in which the requirements were not
the class who are struggling with reading or mathematics or both implemented.
subjects. Tutoring shall be provided during regular school hours
(7) EVALUATION. (a) Beginning in the 2018−19 school year,
by a licensed teacher using an instructional program found to be
the department shall arrange for an annual evaluation of the pro-
effective by the What Works Clearinghouse of the Institute of gram under this section and shall allocate from the appropriation
Education Sciences. under s. 20.255 (2) (cu) $125,000 for that purpose.
(b) Annual reporting. The school board to annually report all (b) The entity performing the evaluation under this subsection
of the following to the department: shall distribute each such evaluation to each school district that
1. Before November 1 of each school year, a brief description has entered into a contract under sub. (3).
of the strategies identified under par. (a) that the school board History: 2015 a. 53, 71.
intends to implement in each participating grade in each partici- NOTE: 2015 Wis Act 53, which created s. 118.44, contains extensive explana-
tory notes.
pating school.
2. Before the last day of each school year, a brief description 118.45 Tests for alcohol use. A school board employee or
of the strategies identified under par. (a) that the school board did agent, or law enforcement officer, as defined in s. 102.475 (8) (c),
implement in each participating grade in each participating authorized by a public school board may require a public school
school. pupil, including a charter school pupil, to provide one or more
(c) Goals. The school board to provide a description of the per- samples of his or her breath for the purpose of determining the
formance objectives for the academic achievement of the pupils presence of alcohol in the pupil’s breath whenever the authorized
enrolled in participating grades in each participating school and employee, agent or officer has reasonable suspicion that the pupil
the formative and summative assessments that will be used to is under the influence of alcohol while the pupil is in any of the
evaluate success in attaining those objectives. The school board circumstances listed in s. 125.09 (2) (b) 1. to 3. The authorized
and participating schools shall identify specific, measurable, and employee, agent or officer shall use a breath screening device
achievable performance objectives, including reducing the approved by the department of transportation for the purpose of
achievement gap in math and reading in each participating grade. determining the presence of alcohol in a person’s breath to deter-
(d) School board review. Each participating school to present mine if alcohol is present in the pupil’s breath. The results of the
information regarding the school’s implementation of the contract breath screening device or the fact that a pupil refused to submit
requirements under par. (a), its performance objectives under par. to breath testing shall be made available for use in any hearing or
(c), and its success in attaining the objectives to the school board proceeding regarding the discipline, suspension or expulsion of a
at the end of every semester of the contract. student due to alcohol use. No school board may require a pupil
to provide one or more samples of his or her breath for the purpose
(5) CONTRACT RENEWALS. (a) Except as provided in par. (b),
of determining the presence of alcohol in the pupil’s breath until
a contract under this section may be renewed for one or more
the school board has adopted written policies regarding disci-
terms of 5 school years. No achievement gap reduction contract
plines or treatments that will result from being under the influence
renewed under this section may include a waiver of any require- of alcohol while on school premises or from refusing to submit to
ment of or rule promulgated under the authority of this section. breath testing to determine the presence of alcohol in the pupil’s
(b) The department may not renew a contract with a school dis- breath.
trict on behalf of a participating school if the department deter- History: 1995 a. 327.
mines that the school board has failed to comply with the terms of
the contract under sub. (4). 118.46 Policy on bullying. (1) By March 1, 2010, the
(6) STATE AID. (a) In this subsection, “amount appropriated” department shall do all of the following:
means the amount under s. 20.255 (2) (cu) in any fiscal year less (a) Develop a model school policy on bullying by pupils. The
$125,000. policy shall include all of the following:
1. A definition of bullying. adoption of the resolution, the school district clerk shall publish
2. A prohibition on bullying. notice of the adoption of the resolution as a class 1 notice under
3. A procedure for reporting bullying that allows reports to be ch. 985 in a newspaper published in the school district or post a
made confidentially. notice of the adoption of the resolution as provided in s. 10.05.
4. A prohibition against a pupil retaliating against another (c) Within 30 days after publication or posting, a petition
pupil for reporting an incident of bullying. signed by at least 20 percent of the electors residing in the school
5. A procedure for investigating reports of bullying. The pro- district may be filed with the school board requesting a feasibility
cedure shall identify the school district employee in each school study of the agreement. Upon receiving the petition, the school
who is responsible for conducting the investigation and require board shall contract with an organization approved by the depart-
that the parent or guardian of each pupil involved in a bullying ment to conduct the feasibility study. If a feasibility study is
incident be notified. required under this paragraph, the school board may not enter into,
extend, or renew a whole grade sharing agreement until it receives
6. A requirement that school district officials and employees
the results of the study. The school board shall post the results of
report incidents of bullying and identify the persons to whom the
the feasibility study on the school district’s Internet site.
reports must be made.
7. A list of disciplinary alternatives for pupils that engage in (d) At least 30 days before entering into, extending, or renew-
bullying or who retaliate against a pupil who reports an incident ing a whole grade sharing agreement, the school board shall hold
of bullying. a public hearing in the school district at which the proposed agree-
ment is described and at which any school district elector may
8. An identification of the school−related events at which the comment on the proposed agreement. Two or more school boards
policy applies. that will be parties to the agreement may hold a joint public hear-
9. An identification of the property owned, leased, or used by ing in one of the school districts.
the school district on which the policy applies. (e) No later than 10 days after entering into, extending, or
10. An identification of the vehicles used for pupil transporta- renewing a whole grade sharing agreement, the school district
tion on which the policy applies. clerk shall file with the state superintendent a certified copy of the
(b) Develop a model education and awareness program on bul- whole grade sharing agreement.
lying. (2m) PUPILS WITH DISABILITIES. (a) Under a whole grade shar-
(c) Post the model policy under par. (a) and the model program ing agreement, for each pupil with an individualized education
under par. (b) on its Internet site. program that is in effect, the school board of the school district in
(2) By August 15, 2010, each school board shall adopt a policy which the pupil resides shall pay the school board of the nonresi-
prohibiting bullying by pupils. The school board may adopt the dent school district in which the pupil attends school under the
model policy under sub. (1) (a). The school board shall provide whole grade sharing agreement the following amount:
a copy of the policy to any person who requests it. Annually, the 1. In the 2016−17 school year, $12,000.
school board shall distribute the policy to all pupils enrolled in the
2. Beginning in the 2017−18 school year, the sum of the per
school district and to their parents or guardians.
History: 2009 a. 309.
pupil amount under this paragraph for the previous school year;
the amount of the per pupil revenue limit adjustment under s.
118.50 Whole grade sharing. (1) AGREEMENT. The school 121.91 (2m) for the current school year, if positive; and the change
boards of 2 or more school districts may enter into a whole grade in the amount of statewide categorical aid per pupil between the
sharing agreement that provides for all or a substantial portion of previous school year and the current school year, as determined
the pupils enrolled in one or more grades, including 4−year−old under s. 118.40 (2r) (e) 2p., if positive.
and 5−year−old kindergarten and prekindergarten classes, in any (b) If a pupil with an individualized education program that is
of the school districts to attend school in one or more of the other in effect attends school in a nonresident school district under a
school districts for all or a substantial portion of a school day. whole grade sharing agreement for less than a full school term, the
School boards shall include in a whole grade sharing agreement resident school board shall prorate the payment amount under par.
all of the following: (a) based on the number of days that school is in session during
(a) The term of the agreement, which shall be for one or more that school term and number of days the pupil attends school in the
entire school years. nonresident school district during that school term.
(am) The date by which each school board must notify the (3) TRANSPORTATION. (a) A pupil’s resident school board is
other participating school boards of its intent to renew the agree- responsible for transporting the pupil to and from the school the
ment. pupil attends during the school term under a whole grade sharing
(b) The grade levels in each school district that are subject to agreement, unless the whole grade sharing agreement provides
the agreement. otherwise.
(c) Subject to sub. (2m), the annual amount that the school (b) 1. Subject to subd. 2., a whole grade sharing agreement
board of a pupil’s resident school district pays to the school board shall specify which participating school board is responsible for
of the school district that the pupil attends under the agreement. transporting pupils to attend summer school classes.
(d) Which school board grants diplomas to pupils who, under 2. If a school board provides transportation to attend summer
the agreement, graduate from high school in a school district other school classes in the school district to pupils who reside in the
than the pupil’s resident school district. school district, the school board shall provide transportation to
(e) Which school board is responsible for pupil records, as attend summer school classes in the school district to pupils who
defined in s. 118.125 (1) (d), for pupils, who under the agreement, do not reside in the school district who are attending summer
attend school in a school district other than the pupil’s resident school classes in the school district under a whole grade sharing
school district. agreement.
(2) PROCEDURE. (a) A school board may not enter into, (c) If, under a whole grade sharing agreement, a school board
extend, or renew a whole grade sharing agreement after February provides transportation for fewer than all pupils, there shall be rea-
15 of the school year preceding the school year in which the agree- sonable uniformity in the minimum and maximum distances
ment, extension, or renewal takes effect. pupils are transported.
(b) At least 60 days before entering into, extending, or renew- (4) ATTENDANCE AREAS. If a school board enters into a whole
ing a whole grade sharing agreement, the school board shall adopt grade sharing agreement that designates more than one school dis-
a resolution stating its intention to do so. Within 10 days after trict for the attendance of its pupils, the school board shall estab-
lish attendance areas within the school district for determining the school board of the nonresident school district that the pupil
school districts of attendance of the pupils. wishes to attend, not earlier than the first Monday in February and
(5) RIGHTS AND PRIVILEGES OF NONRESIDENT PUPILS; PARTICIPA- not later than the last weekday in April of the school year immedi-
TION IN PROGRAMS. (a) Except as provided in s. 118.134 (3m), a ately preceding the school year in which the pupil wishes to
pupil attending a public school in a nonresident school district attend. Except as provided in subd. 1d., applications may be sub-
under this section has all of the rights and privileges of pupils mitted to no more than 3 nonresident school boards in any school
residing in that school district and is subject to the same rules and year. The nonresident school board shall send a copy of the appli-
regulations as pupils residing in that school district. cation to the pupil’s resident school board and the department by
(b) A pupil attending a public school in a nonresident school the end of the first weekday following the last weekday in April.
district under this section is considered a resident of the nonresi- The application may include a request to attend a specific school
dent school district for the purposes of participating in programs or program offered by the nonresident school district.
of a cooperative educational service agency or a county children 1d. For purposes of determining whether applications have
with disabilities education board. been submitted to more than 3 nonresident school boards, the
(6) FULL−TIME OPEN ENROLLMENT IN A PARTICIPATING NONRESI- department may not count an application submitted to a nonresi-
DENT SCHOOL DISTRICT. If a whole grade sharing agreement pro- dent school board for a pupil to attend a virtual charter school.
vides for a pupil to attend a grade in a nonresident school district 1m. By the first Friday following the first Monday in May, the
in which the pupil is attending school under s. 118.51, the pupil’s resident school board shall send to the nonresident school district
status as a pupil attending the nonresident school district under s. a copy of the individualized education program developed under
118.51 is suspended for the school year the pupil is enrolled in the s. 115.787 (2) for a child with a disability whose parent submitted
grade that is subject to the whole grade sharing agreement. This an application under subd. 1.
subsection does not prevent a pupil from continuing to attend the 2. A nonresident school board may not act on any application
nonresident school district in succeeding school years without received under subd. 1. before May 1. If a nonresident school
reapplying, as provided under s. 118.51 (3) (c). board receives more applications for a particular grade or program
(7) SCHOOL DISTRICT REORGANIZATION. A whole grade sharing than there are spaces available in the grade or program, the nonres-
agreement entered into under this section is not an order of school ident school board shall determine which pupils to accept, includ-
district reorganization under ch. 117. ing pupils accepted from a waiting list under sub. (5) (d), on a ran-
(8) The department may promulgate rules to implement and dom basis, after giving preference to pupils and to siblings of
administer this section. pupils who are already attending the nonresident school district
History: 2015 a. 55; 2017 a. 59. and, if the nonresident school district is a union high school dis-
trict, to pupils who are attending an underlying elementary school
118.51 Full−time open enrollment. (1) DEFINITIONS. In district of the nonresident school district under this section. If a
this section: nonresident school board determines that space is not otherwise
(ad) “Charter school” excludes a school under contract with an available for open enrollment pupils in the grade or program to
entity under s. 118.40 (2r) (b) or the director under s. 118.40 (2x). which an individual has applied, the school board may neverthe-
(ag) “Child with a disability” has the meaning given in s. less accept a pupil or the sibling of a pupil who is already attending
115.76 (5). the nonresident school district and, if the nonresident school dis-
trict is a union high school district, a pupil who is attending an
(aj) “Free appropriate public education” has the meaning
underlying elementary school district of the nonresident school
given in s. 115.76 (7).
district under this section.
(am) “Habitual truant” has the meaning given in s. 118.16 (1)
3. Except as provided under sub. (5) (d) 1., on or before the
(a).
first Friday following the first Monday in June following receipt
(b) “Nonresident school board” means the school board of a of the application, the nonresident school board shall notify the
nonresident school district. applicant, in writing, whether it has accepted the application. If
(c) “Nonresident school district” means a school district, other the nonresident school board has accepted the applicant, the
than a pupil’s resident school district, that the pupil is attending or school board shall identify the specific school or program that the
has applied to attend under this section. applicant may attend in the following school year. If the nonresi-
(d) “Parent” includes a guardian. dent school board rejects an application, it shall include in the
(e) “Resident school board” means the school board of a resi- notice the reason for the rejection.
dent school district. 4. On or before the 2nd Friday following the first Monday in
(f) “Resident school district” means the school district in June following receipt of a copy of the application, if a resident
which a pupil resides. school board denies a pupil’s enrollment in a nonresident school
(2) APPLICABILITY. Except as provided in s. 118.50 (6), a pupil district, the resident school board shall notify the applicant and the
may attend a public school, including a charter school, prekinder- nonresident school board, in writing, that the application has been
garten, 4−year−old kindergarten, or early childhood or school− denied and include in the notice the reason for the denial.
operated child care program, in a nonresident school district under 6. Except as provided in sub. (5) (d) 2., if an application is
this section, except that a pupil may attend a prekindergarten, accepted, on or before the last Friday in June following receipt of
4−year−old kindergarten, or early childhood or school−operated a notice of acceptance, or within 10 days of receiving a notice of
child care program in a nonresident school district only if the acceptance if a pupil is selected from a waiting list under sub. (5)
pupil’s resident school district offers the same type of program (d), the pupil’s parent shall notify the nonresident school board of
that the pupil wishes to attend and the pupil is eligible to attend that the pupil’s intent to attend school in that school district in the fol-
program in his or her resident school district. lowing school year.
(3) APPLICATION PROCEDURES. Except as provided under sub. (b) Notice to resident school district. Annually by July 7, each
(3m), the following procedures govern pupil applications to nonresident school board that has accepted a pupil under this sec-
attend a public school in a nonresident school district under this tion for attendance in the following school year shall report the
section: name of the pupil to the pupil’s resident school board.
(a) Submission and acceptance or rejection. 1. The parent of (c) Subsequent reapplication; when required. 1. If a pupil’s
a pupil who wishes to attend a public school in a nonresident parent notifies a nonresident school board, under par. (a) 6., that
school district under this section shall submit an application, on the pupil intends to attend school in that school district in the fol-
a form provided by the department under sub. (15) (a), to the lowing school year, the pupil may attend that school district in the
following school year and may continue to attend that school dis- may appeal the resident school district’s decision to the depart-
trict in succeeding school years without reapplying, except that ment and must explain in the appeal why the pupil applied to
the nonresident school board may require that the pupil reapply, attend school in the nonresident school district. The resident
no more than once, when the pupil enters middle school, junior school district must respond to the appeal and provide an explana-
high school or high school. tion for rejecting the pupil’s transfer into the nonresident school
2. If at any time a pupil who is attending school in a nonresi- district. If the department determines that the resident school dis-
dent school district under this section wishes to attend school in trict’s decision to deny the pupil’s transfer into the nonresident
a different nonresident school district under this section, the school district is not in the best interests of the pupil, the depart-
pupil’s parent shall follow the application procedures under par. ment shall notify the resident and nonresident school districts and
(a). the pupil’s parent that the pupil may attend the nonresident school
(3m) ALTERNATIVE APPLICATION PROCEDURES UNDER CERTAIN district. The department’s determination under this subdivision is
CIRCUMSTANCES. (a) Notwithstanding sub. (3), the parent of a final.
pupil who wishes to attend a public school in a nonresident school (c) If a nonresident school board receives an application under
district under this section may, in lieu of applying under sub. (3), par. (a), the nonresident school board shall immediately forward
submit an application under this subsection, on a form provided a copy of the application to the resident school board, and shall
by the department under sub. (15) (a), to the school board of the notify the applicant, in writing, whether it has accepted the appli-
nonresident school district that the pupil wants to attend if the cation no later than 20 days after receiving the application. If the
pupil satisfies at least one of the criteria under par. (b). Applica- nonresident school board has accepted the application, the nonres-
tions may be submitted to no more than 3 nonresident school ident school board shall identify the specific school or program
boards in any school year. For purposes of determining whether that the pupil may attend.
applications have been submitted to more than 3 nonresident (d) A resident school district may notify an applicant under par.
school boards, the department may not count an application sub- (a) that the pupil may not attend a school or program in the nonres-
mitted to a nonresident school board for a pupil to attend a virtual ident school district only if the resident school district determines
charter school. that the criteria relied on by the applicant under par. (b) does not
(b) The parent of a pupil may apply under this subsection only apply to the pupil.
if the pupil meets one of the following criteria, and shall describe (e) If an application is accepted by the nonresident school
the criteria that the pupil meets in the application: board under par. (c), the pupil may immediately begin attending
1. The resident school board determines that the pupil has the school or program in the nonresident school district and shall
been the victim of a violent criminal offense, as defined by the begin attending the school or program no later than the 15th day
department by rule. An application made on the basis of this crite- following receipt by the parent of the pupil of the notice of accept-
ria is not valid unless the nonresident school board receives the ance under par. (c). If the pupil has not enrolled in or attended
application within 30 days after the determination of the resident school in the nonresident school district by the day specified in
school board. this paragraph, the nonresident school district may notify the
2. The pupil is or has been a homeless pupil in the current or pupil’s parent, in writing, that the pupil is no longer authorized to
immediately preceding school year. In this subdivision, “home- attend the school or program in the nonresident school district.
less pupil” means an individual who is included in the category of (4) ADOPTION OF POLICIES AND CRITERIA. (a) By Febru-
homeless children and youths, as defined in 42 USC 11434a (2). ary 1, 1998, each school board shall adopt a resolution specifying
3. The pupil has been the victim of repeated bullying or all of the following:
harassment and all of the following apply: 1. Its reapplication requirements, if any, under sub. (3) (c) 1.
a. The pupil’s parent has reported the bullying or harassment 2. Its acceptance and rejection criteria under sub. (5) (a) and
to the resident school board. (b).
b. Despite action taken under subd. 3. a., the repeated bullying 3. A statement of the preference required under sub. (3) (a)
and harassment continues. 2.
4. The place of residence of the pupil’s parent or guardian and 5. If the school district is eligible for aid under subch. VI of
of the pupil has changed as a result of military orders. An applica- ch. 121, the limitation on transfers into or out of the school district
tion made on the basis of this criteria is not valid unless the nonres- imposed by the school board under sub. (7).
ident school board receives the application no later than 30 days 6. Whether it will provide transportation under s. 121.54 (10)
after the date on which the military orders changing the place of for some or all of the pupils who reside in the school district and
residence were issued. attend school in a nonresident school district under this section or
5. The pupil moved into this state. An application made on for some or all of the pupils who reside in other school districts and
the basis of this criteria is not valid unless the nonresident school attend its schools under this section, and the means, under s.
board receives the application no later than 30 days after moving 121.55, by which it will provide such transportation.
into this state. (b) If the school board revises its criteria or policies under par.
6. The place of residence of the pupil has changed as a result (a), it shall do so by resolution.
of a court order or custody agreement or because the pupil was (5) NONRESIDENT SCHOOL DISTRICT ACCEPTANCE CRITERIA. (a)
placed in a foster home or with a person other than the pupil’s par- Permissible criteria. Except as provided in sub. (3) (a) 2., the cri-
ent, or removed from a foster home or from the home of a person teria for accepting and rejecting applications from nonresident
other than the pupil’s parent. An application made on the basis of pupils under subs. (3) (a) and (3m) (a) may include only the fol-
this criteria is not valid unless the nonresident school board lowing:
receives the application no later than 30 days after the pupil’s 1. The availability of space in the schools, programs, classes,
change in residence. or grades within the nonresident school district. The nonresident
7. The parent of the pupil, the resident school board, and the school board shall determine the number of regular education and
nonresident school board agree that attending school in the non- special education spaces available within the school district in the
resident school district is in the best interests of the pupil. January meeting of the school board, except that for the 2011−12
8. The parent of the pupil and the nonresident school board school year the board shall determine the number of regular edu-
agree that attending school in the nonresident school district is in cation and special education spaces available within the school
the best interests of the pupil. If the resident school board notifies district in the February meeting of the school board. In determin-
the parent of the pupil who applies under this subdivision that the ing the availability of space, the nonresident school board may
pupil may not attend the nonresident school district, the parent consider criteria such as class size limits, pupil−teacher ratios, or
enrollment projections established by the nonresident school 2. A pupil accepted from a waiting list created under this para-
board and may include in its count of occupied spaces all of the graph may attend the school or program in the nonresident school
following: district even if the pupil has attended a school or program in the
a. Pupils attending the school district for whom tuition is paid pupil’s resident school district in the current school term, but not
under s. 121.78 (1) (a). if the pupil has attended a school or program in a nonresident
b. Pupils and siblings of pupils who have applied under sub. school district in the current school term.
(3) (a) or (3m) (a) and are already attending the nonresident school 3. The department shall promulgate rules to implement and
district. administer this paragraph.
c. If the nonresident school district is a union high school dis- (7) RACIAL BALANCE. The school board of a school district that
trict, pupils who have applied under sub. (3) (a) or (3m) (a) and are receives applications for transfer into the school district under
currently attending an underlying elementary school district of the subch. VI of ch. 121 and this section may not accept applications
nonresident school district under this section. made under this section until it has accepted or rejected all appli-
2. Whether the pupil has been expelled from school by any cations made under subch. VI of ch. 121.
school district during the current or 2 preceding school years for (8) DISCIPLINARY RECORDS. Notwithstanding s. 118.125, for
any of the following reasons or whether a disciplinary proceeding an application submitted under sub. (3) (a), by the first Friday fol-
involving the pupil, which is based on any of the following rea- lowing the first Monday in May, and within 10 days of receiving
sons, is pending: a copy of an application under sub. (3m) (c), the resident school
a. Conveying or causing to be conveyed any threat or false board shall provide to the nonresident school board to which a
information concerning an attempt or alleged attempt being made pupil has applied under this section a copy of any expulsion find-
or to be made to destroy any school property by means of explo- ings and orders pertaining to the pupil, a copy of records of any
sives. pending disciplinary proceeding involving the pupil, a written
explanation of the reasons for the expulsion or pending disciplin-
b. Engaging in conduct while at school or while under super- ary proceeding and the length of the term of the expulsion or the
vision of a school authority that endangered the health, safety or possible outcomes of the pending disciplinary proceeding.
property of others.
(9) APPEAL OF REJECTION. If the nonresident school board
c. Engaging in conduct while not at school or while not under rejects an application under sub. (3) (a) or (7), the resident school
the supervision of a school authority that endangered the health, board prohibits a pupil from attending public school in a nonresi-
safety or property of others at school or under the supervision of dent school district under sub. (3m) (d) or the nonresident school
a school authority or of any employee of the school district or board prohibits a pupil from attending public school in the nonres-
member of the school board. ident school district under sub. (11), the pupil’s parent may appeal
d. Possessing a dangerous weapon, as defined in s. 939.22 the decision to the department within 30 days after the decision.
(10), while at school or while under the supervision of a school If the nonresident school board provides notice that the special
authority. education or related service is not available under sub. (12) (b), the
3. Whether the nonresident school board determined that the pupil’s parent may appeal the required transfer to the department
pupil was habitually truant from the nonresident school district within 30 days after receipt of the notice. The department shall
during any semester of attendance at the nonresident school dis- affirm the school board’s decision unless the department finds that
trict in the current or previous school year. the decision was arbitrary or unreasonable.
4. Whether the special education or related services described (10) PUPIL ASSIGNMENT. A nonresident school board may
in the child’s individualized education program under s. 115.787 assign pupils accepted to attend public school in the school district
(2) are available in the nonresident school district or whether there under this section to a school or program within the school district.
is space available to provide the special education or related ser- The school board may give preference in attendance at a school,
vices identified in the child’s individualized education program, program, class or grade to residents of the school district who live
including any class size limits, pupil−teacher ratios or enrollment outside the school’s attendance area.
projections established by the nonresident school board. (11) HABITUAL TRUANCY. Notwithstanding subs. (3) (c) and
6. Whether the child has been referred to his or her resident (13), if a nonresident school board determines that a pupil attend-
school board under s. 115.777 (1) or identified by his or her resi- ing the nonresident school district under this section is habitually
dent school board under s. 115.77 (1m) (a) but not yet evaluated truant from the nonresident school district during either semester
by an individualized education program team appointed by his or in the current school year, the nonresident school board may pro-
her resident school board under s. 115.78 (1). hibit the pupil from attending the nonresident school district under
(b) Rejection after initial acceptance. The criteria under par. this section in the succeeding semester or school year.
(a) may provide that, notwithstanding the nonresident school (12) NONRESIDENT SCHOOL DISTRICT STATEMENT OF EDUCA-
board’s acceptance of an application under sub. (3) (a) 3., at any TIONAL COSTS; SPECIAL EDUCATION OR RELATED SERVICES. (a)
time prior to the beginning of the school year in which the pupil Beginning in the 2018−19 school year, at the end of a school year
will first attend school in the school district under this section, the in which a child with a disability who attends a nonresident school
school board may notify the pupil that he or she may not attend district under this section and receives special education or related
school in the school district if the school board determines that any services under subch. V of ch. 115 in the nonresident school dis-
of the criteria under par. (a) 2. are met. trict, the nonresident school board may submit to the department
(d) Waiting list. 1. The school board of a nonresident school a financial statement that shows the actual costs the nonresident
district may create a waiting list of pupils whose applications were school board incurred to provide a free appropriate public educa-
rejected under sub. (3) (a) 3. The nonresident school board may tion to the child during that school year. The department shall pro-
accept pupils from a waiting list created under this paragraph until vide the resident school board with a copy of any financial state-
the 3rd Thursday in September but only if the pupil will be in ment it receives under this paragraph.
attendance at the school or program in the nonresident school dis- (b) If the individualized education program for a pupil, devel-
trict on the 3rd Friday in September. Notwithstanding sub. (3) (a) oped or revised under s. 115.787 after a child begins attending
6., if a pupil is accepted from a waiting list created under this para- public school in a nonresident school district under this section,
graph after the start of the school term, the parent shall immedi- requires special education or related services that are not available
ately notify the resident school district of the pupil’s intent to in the nonresident school district or if there is no space available
attend school in the nonresident school district for the current to provide the special education or related services identified in
school term. the child’s individualized education program, including any class
size limits, pupil−teacher ratios or enrollment projections estab- designed to educate low−income parents, and services to answer
lished by the nonresident school board, the nonresident school parents’ questions about the program and assist them in exercising
board may notify the child’s parent and the child’s resident school the open enrollment option provided under this section.
board that the special education or related service is not available (c) Annual report. Annually submit a report to the governor
in the nonresident school district. If such notice is provided, the and to the appropriate standing committees of the legislature
child shall be transferred to his or her resident school district, under s. 13.172 (3). The report under this paragraph shall include
which shall provide an educational placement for the child under all of the following information:
s. 115.79 (1) (b).
1. The number of pupils who applied to attend public school
(13) RIGHTS AND PRIVILEGES OF NONRESIDENT PUPILS. Except in a nonresident school district under this section.
as provided in s. 118.134 (3m), a pupil attending a public school
2. The number of applications received under subs. (3) (a) and
in a nonresident school district under this section has all of the
(3m) (a) and, for the applications received under sub. (3m) (a), the
rights and privileges of pupils residing in that school district and
is subject to the same rules and regulations as pupils residing in number of applications received under each of the criteria listed
that school district. in sub. (3m) (b).
(13m) PARTICIPATION IN CERTAIN PROGRAMS. A pupil attending 3. The number of applications denied and the bases for the
a public school in a nonresident school district under this section denials.
shall be considered a resident of the nonresident school district for 4. The number of pupils attending public school in a nonresi-
the purposes of participating in programs of a cooperative educa- dent school district under this section. The department shall spec-
tional service agency or a county children with disabilities educa- ify, separately, the number of pupils attending public school in a
tion board. nonresident school district whose applications were accepted
(14) TRANSPORTATION. (a) Responsibility. 1. Except as pro- under subs. (3) (a) 3. and (3m) (c), and, for the applications
vided in subd. 2., the parent of a pupil attending public school in accepted under sub. (3m) (c), the number of pupils attending
a nonresident school district under this section is responsible for under each of the criteria listed in sub. (3m) (b).
transporting the pupil to and from school in the nonresident school (16) STATE AID ADJUSTMENTS. (a) Annually, the department
district attended by the pupil. shall determine all of the following:
2. If the pupil is a child with a disability and transportation of 1. For each school district, the number of nonresident pupils
the pupil is required in the individualized education program attending public school in the school district under this section,
developed for the child under s. 115.787 (2) or is required under other than pupils for whom a payment is made under sub. (17) (a),
s. 121.54 (3), the nonresident school district shall provide such (c), or (cm).
transportation for the child. 2. For each school district, the number of resident pupils
(b) Low−income assistance. The parent of a pupil who satis- attending public school in a nonresident school district under this
fies the income eligibility criteria for a free or reduced−price lunch section, other than pupils for whom a payment is made under sub.
under 42 USC 1758 (b) (1) and who will be attending public (17) (a), (c), or (cm).
school in a nonresident school district in the following school year 3. a. For the amount in the 2013−14 and 2014−15 school
under this section may apply to the department, on the form pre- years, the amount determined under this subdivision for the pre-
pared under sub. (15) (a), for the reimbursement of costs incurred vious school year plus $150.
by the parent for the transportation of the pupil to and from the b. Beginning with the amount in the 2015−16 school year and,
pupil’s residence and the school that the pupil will be attending. except as provided in subd. 3. c., in each school year thereafter, the
The department shall determine the reimbursement amount and sum of the amount determined under this subdivision for the pre-
shall pay the amount from the appropriation under s. 20.255 (2) vious school year; the amount of the per pupil revenue limit
(cy). The reimbursement amount may not exceed the actual trans- adjustment under s. 121.91 (2m) for the current school year, if pos-
portation costs incurred by the parent or 3 times the statewide
itive; and the change in the amount of statewide categorical aid per
average per pupil transportation costs, whichever is less. If the
pupil between the previous school year and the current school
appropriation under s. 20.255 (2) (cy) in any one year is insuffi-
year, as determined under s. 118.40 (2r) (e) 2p., if positive.
cient to pay the full amount of approved claims under this para-
graph, payments shall be prorated among the parents entitled c. For the amount in the 2017−18 to 2020−21 school years, the
thereto. By the 2nd Friday following the first Monday in May fol- amount determined under subd. 3. b. plus $100.
lowing receipt of the parent’s application under sub. (3) (a), the (b) 1. If the number determined in par. (a) 1. is greater than the
department shall provide to each parent requesting reim- number determined in par. (a) 2. for a school district, the depart-
bursement under this paragraph an estimate of the amount of reim- ment shall increase that school district’s state aid payment under
bursement that the parent will receive if the pupil attends public s. 121.08 by an amount equal to the difference multiplied by the
school in the nonresident school district in the following school amount determined under par. (a) 3.
year. 2. If the number determined in par. (a) 1. is less than the num-
(15) DEPARTMENT DUTIES. The department shall do all of the ber determined in par. (a) 2. for a school district, the department
following: shall decrease that school district’s state aid payment under s.
(a) Application form. Prepare, distribute to school districts, 121.08 by an amount equal to the difference multiplied by the
and make available to parents an application form to be used by amount determined under par. (a) 3. If the state aid payment under
parents under sub. (3) (a) and an application form to be used by s. 121.08 is insufficient to cover the reduction, the department
parents under sub. (3m) (a). The form shall include provisions that shall decrease other state aid payments made by the department to
permit a parent to apply for transportation reimbursement under the school district by the remaining amount. If the state aid pay-
sub. (14) (b). The form shall require an applicant who is applying ment under s. 121.08 and other state aid payments made by the
to attend a virtual charter school to indicate that he or she is apply- department to the school district are insufficient to cover the
ing to attend a virtual charter school, the number of virtual charter reduction, the department shall use the moneys appropriated
schools to which he or she is applying, and whether he or she is under s. 20.255 (2) (cg) to pay the balance to school districts under
a sibling of a pupil currently enrolled in a virtual charter school subd. 1.
through the open enrollment program. (c) If a pupil attends public school in a nonresident school dis-
(b) Information and assistance. Develop and implement an trict under this section for less than a full school term, the depart-
outreach program to educate parents about the open enrollment ment shall prorate the state aid adjustments under this subsection
program under this section, including activities specifically and sub. (17) (c) and (cm) based on the number of days that school
is in session and the pupil attends public school in the nonresident d. The amount shown on each financial statement submitted
school district. in that school year under sub. (12) (a) for a pupil who is a resident
(d) The department shall ensure that the aid adjustments under of the school district and who is attending public school in a non-
par. (b) and sub. (17) (c) and (cm) do not affect the amount deter- resident school district under this section and receiving special
mined to be received by a school district as state aid under s. education or related services under subch. V of ch. 115. If the
121.08 for any other purpose. amount shown on any financial statement described in this subd.
(17) PUPIL TRANSFER AMOUNT AND PAYMENTS TO A NONRESI- 1. d. exceeds $30,000, for the purpose of subd. 2. e., the depart-
DENT SCHOOL BOARD; CHILDREN WITH DISABILITIES. (a) In the ment shall identify the amount shown as $30,000.
2015−16 school year, the resident school board shall pay to the 2. Beginning in the 2019−20 school year, for each school dis-
nonresident school board, for each child who is attending public trict, the department shall do all of the following:
school in the nonresident school district under this section and is a. Multiply the number under subd. 1. a. by the per pupil trans-
receiving special education or related services under subch. V of fer amount under par. (b) 2. c.
ch. 115, tuition calculated using the daily tuition rate under s. b. Determine the sum of the amounts shown on the financial
121.83 for such children enrolled in the nonresident school dis- statements submitted as described under subd. 1. b.
trict, or an amount agreed to by the school boards of the 2 school c. Determine the sum of the product under subd. 2. a. and the
districts. sum under subd. 2. b.
(b) 1. Beginning in the 2016−17 school year, the department d. Multiply the number under subd. 1. c. by the per pupil trans-
shall determine all of the following: fer amount under par. (b) 2. c.
a. For each school district, the number of nonresident pupils e. Determine the sum of the amounts shown on the financial
attending public school in the school district under this section statements submitted as described under subd. 1. d.
who are receiving special education or related services under
subch. V of ch. 115. f. Determine the sum of the product under subd. 2. d. and the
sum under subd. 2. e.
b. For each school district, the number of resident pupils
attending public school in a nonresident school district under this (c) 1. If the number determined in par. (b) 1. a. is greater than
section who are receiving special education or related services the number determined in par. (b) 1. b. for a school district, in the
under subch. V of ch. 115 in the nonresident school district. 2016−17, 2017−18, and 2018−19 school years, the department
shall increase that school district’s state aid payment under s.
2. a. In the 2016−17 school year, the per pupil transfer amount 121.08 by an amount equal to the difference multiplied by an
is $12,000. amount under par. (b) 2. a., b., or c.
b. In the 2017−18 school year, the per pupil transfer amount 2. If the number determined in par. (b) 1. a. is less than the
is the sum of the per pupil transfer amount for the previous school number determined in par. (b) 1. b. for a school district, in the
year; the amount of the per pupil revenue limit adjustment under 2016−17, 2017−18, and 2018−19 school years, the department
s. 121.91 (2m) for the current school year, if positive; and the shall decrease that school district’s state aid payment under s.
change in the amount of statewide categorical aid per pupil 121.08 by an amount equal to the difference multiplied by an
between the previous school year and the current school year, as amount under par. (b) 2. a., b., or c. If the state aid payment under
determined under s. 118.40 (2r) (e) 2p., if positive. s. 121.08 is insufficient to cover the reduction, the department
c. Beginning in the 2018−19 school year, and subject to subd. shall decrease other state aid payments made by the department to
3., the per pupil transfer amount is the sum of the per pupil transfer the school district by the remaining amount. If the state aid pay-
amount for the previous school year; the amount of the per pupil ment under s. 121.08 and other state aid payments made by the
revenue limit adjustment under s. 121.91 (2m) for the current department to the school district are insufficient to cover the
school year, if positive; and the change in the amount of statewide reduction, the department shall use the moneys appropriated
categorical aid per pupil between the previous school year and the under s. 20.255 (2) (cg) to pay the balance to school districts under
current school year, as determined under s. 118.40 (2r) (e) 2p., if subd. 1.
positive. (cm) 1. If the amount determined under par. (bm) 2. c. is
3. Beginning in the 2019−20 school year, if a nonresident greater than the amount determined under par. (bm) 2. f. for a
school board submitted a financial statement for a child with a dis- school district, beginning in the 2019−20 school year, the depart-
ability under sub. (12) (a) in the previous school year, the per pupil ment shall increase that school district’s state aid payment under
transfer amount for that child is the amount shown on the financial s. 121.08 by an amount equal to the difference.
statement for that child for the previous school year, up to 2. If the amount determined under par. (bm) 2. c. is less than
$30,000. the amount determined under par. (bm) 2. f. for a school district,
(bm) 1. Beginning in the 2019−20 school year, the department beginning in the 2019−20 school year, the department shall
shall determine all of the following for each school district: decrease that school district’s state aid payment under s. 121.08 by
a. The number of nonresident pupils attending public school an amount equal to the difference. If the state aid payment under
in the school district under this section who are receiving special s. 121.08 is insufficient to cover the reduction, the department
education or related services under subch. V of ch. 115 and for shall decrease other state aid payments made by the department to
whom no financial statement was submitted under sub. (12) (a) in the school district by the remaining amount. If the state aid pay-
that school year. ment under s. 121.08 and other state aid payments made by the
b. The amount shown on each financial statement submitted department to the school district are insufficient to cover the
in that school year under sub. (12) (a) by the school board of that reduction, the department shall use the moneys appropriated
school district for a nonresident pupil who is attending public under s. 20.255 (2) (cg) to pay the balance to school districts under
school in the school district under this section and receiving spe- subd. 1.
cial education or related services under subch. V of ch. 115. If the (18) LOCATION OF VIRTUAL CHARTER SCHOOLS. For purposes of
amount shown on any financial statement described in this subd. this section, a virtual charter school is located in the school district
1. b. exceeds $30,000, for the purpose of subd. 2. b., the depart- specified in s. 118.40 (8) (a).
ment shall identify the amount shown as $30,000. History: 1997 a. 27, 41, 164; 1999 a. 117, 118; 2001 a. 16, 104; 2003 a. 55; 2005
a. 258; 2007 a. 222; 2009 a. 185, 250, 303, 304; 2011 a. 32, 114, 258; 2013 a. 20, 165;
c. The number of resident pupils attending public school in 2015 a. 55; 2017 a. 59, 143, 366; 2021 a. 19.
a nonresident school district under this section who are receiving Cross−reference: See also ch. PI 36, Wis. adm. code.
special education or related services under subch. V of ch. 115 and Sub. (6) provides no authority to limit resident student transfers, or open enroll-
ment, provided for in sub. (2) after the 2005−06 school year. Because there are no
for whom the nonresident school board did not submit a financial express provisions for any school year beyond 2005−06 and no indication that the
statement under sub. (12) (a) in that school year. application of the 2005−06 percentage limits would be ongoing, the application of the
percentage limits must end in 2005−06. School District of Stockbridge v. Evers, 2010 is offered. If the school board of the district to which the pupil
WI App 144, 330 Wis. 2d 80, 792 N.W.2d 615, 10−0829.
While this section imposes application requirements and some limitations, for applies under this section rejects an application, it shall include in
example relating to racial balance and special education students under subs. (7) and the notice the reason for the rejection.
(12) (b) 1., there are no restrictions on resident transfers based on the overall financial
health of the resident district. School District of Stockbridge v. Evers, 2010 WI App (d) No later than one week prior to the date on which the course
144, 330 Wis. 2d 80, 792 N.W.2d 615, 10−0829. is scheduled to commence, the resident school board, or, in the
The portion of sub. (7) (a) that requires a school district eligible for aid under sub- case of a pupil attending a school in a school district other than the
ch.VI of ch. 121 to reject an open enrollment application if the requested transfer into
or out of the district would increase the district’s racial imbalance is inconsistent with pupil’s resident school district pursuant to a whole grade sharing
the equal protection guarantees of the U.S. Constitution, as those guarantees were agreement under s. 118.50, the school board of the district in
applied in Seattle School Dist. No. 1, 551 U.S. 701 (2007). OAG 4−07. See also N.N. which the pupil is attending school, shall do all of the following:
v. Madison Metropolitan School District, 670 F. Supp. 2d 927 (2009).
Differential treatment of special needs students doesn’t make the open enrollment 1. If it denies an application to attend public school in a non-
program unlawful. Federal law forbids discrimination based on stereotypes about a resident school district under sub. (6), notify the applicant and the
handicap, but it does not forbid decisions based on the actual attributes of the handi-
cap. The program makes decisions based on the actual needs of students with disabil- nonresident school board, in writing, that the application has been
ities, so it complies with the federal Americans with Disabilities Act, 42 USC 12132, denied and include in the notice the reason for the rejection.
and the federal Rehabilitation Act, 29 USC 794 (a). P.F. v. Taylor, 914 F.3d 467
(2019). 2. If it determines that the course does not satisfy high school
Open Enrollment: What’s In the Best Interest of Wisconsin Students, Families, and graduation requirements under s. 118.33 in the resident school
Public Schools? Malugade. 97 MLR 813 (No. 3 2014). district, notify the applicant in writing.
(e) Following receipt of a notice of acceptance but prior to the
118.52 Part−time open enrollment. (1) DEFINITIONS. In
date on which the course is scheduled to commence, the pupil’s
this section:
parent shall notify the resident school board, or, if the pupil is
(ar) “Nonresident school board” means the school board of a attending school in a school district other than the pupil’s resident
nonresident school district. school district pursuant to a whole grade sharing agreement under
(b) “Nonresident school district” means a school district, other s. 118.50, the school board of the district in which the pupil is
than a pupil’s resident school district, in which the pupil is attend- attending school, and the school board of the district to which the
ing a course or has applied to attend a course under this section. pupil applies under this section of the pupil’s intent to attend the
(c) “Parent” includes a guardian. course in the school district to which the pupil applies under this
(d) “Resident school board” means the school board of a resi- section.
dent school district. (4) ADOPTION OF POLICIES AND CRITERIA. By Febru-
(e) “Resident school district” means the school district in ary 1, 1998, each school board shall adopt a resolution specifying
which a pupil resides. the criteria and policies described in subs. (5) and (6). If the school
(2) APPLICABILITY. Beginning in the 2018−19 school year, a board wishes to revise the criteria or policies, it shall do so by reso-
pupil enrolled in a public school in the high school grades may lution.
attend public school in a nonresident school district under this sec- (5) NONRESIDENT SCHOOL DISTRICT ACCEPTANCE AND REJEC-
tion for the purpose of taking a course offered by the nonresident TION CRITERIA. School board policies and criteria for accepting
school district. A pupil may attend no more than 2 courses at any and rejecting applications under sub. (3) from pupils who reside
time in nonresident school districts under this section. in another school district shall be the same as the policies and cri-
(3) APPLICATION PROCEDURES. (a) The parent of a pupil who teria for entry into the course that apply to pupils who reside in the
wishes to attend public school in a nonresident school district for school district, except that the school board may give preference
the purpose of taking a course under this section shall submit an in attendance in a course to residents of the school district.
application, on a form provided by the department, to the school (6) RESIDENT SCHOOL DISTRICT REJECTION CRITERIA. (a) Indi-
board of the nonresident school district in which the pupil wishes vidualized education program requirements. The school board of
to attend a course not later than 6 weeks prior to the date on which a pupil’s resident school district, or, if the pupil is attending school
the course is scheduled to commence. The application shall spec- in a school district other than the pupil’s resident school district
ify the course that the pupil wishes to attend and may specify the pursuant to a whole grade sharing agreement under s. 118.50, the
school or schools at which the pupil wishes to attend the course. school board of the district in which the pupil is attending school,
The nonresident school board shall send a copy of the application shall reject a pupil’s application to attend a course in a public
to the pupil’s resident school board, except that if the pupil is school in a nonresident school district under this section if the resi-
attending a school in a school district other than the pupil’s resident school board or the school board of the district in which the
dent school district pursuant to a whole grade sharing agreement pupil is attending school, respectively, determines that the course
under s. 118.50, the nonresident school district to which the pupil conflicts with the individualized education program for the pupil
applies under this section shall send a copy of the application to under s. 115.787 (2).
the school board of the district in which the pupil is attending (b) Undue financial burden. The school board of a pupil’s res-
school pursuant to the whole grade sharing agreement. ident school district may reject an application to attend a course
(b) If a nonresident school board receives more applications in a public school in a nonresident school district if the cost of the
for a particular course than there are spaces available in the course, course would impose upon the resident school district an undue
the nonresident school board shall determine which pupils to financial burden in light of the resident school district’s total eco-
accept on a random basis. nomic circumstances, including its revenue limit under subch. VII
(c) No later than one week prior to the date on which the course of ch. 121, its ability to pay tuition costs for the pupil, and the per
is scheduled to commence, the nonresident school board shall pupil cost for children continuing to be served by the resident
notify the applicant and the resident school board, in writing, school district.
whether the application has been accepted and, if the application (8) APPEAL OF REJECTION. If an application is rejected under
is accepted, the school at which the pupil may attend the course. sub. (3) (c) or a pupil is prohibited from attending a course in a
If the applicant pupil is attending a school in a school district other public school in a nonresident school district under sub. (6), the
than the pupil’s resident school district pursuant to a whole grade pupil’s parent may appeal the decision to the department within 30
sharing agreement under s. 118.50, the school board of the district days after the decision. The department shall affirm the decision
to which the pupil applies under this section shall provide the unless the department finds that the decision was arbitrary or
notice required under this paragraph to the school board of the dis- unreasonable. The department’s decision is final and is not sub-
trict in which the pupil is attending school pursuant to the whole ject to judicial review under subch. III of ch. 227.
grade sharing agreement. The acceptance applies only for the fol- (9) RIGHTS AND PRIVILEGES OF NONRESIDENT PUPILS. A pupil
lowing semester, school year, or other session in which the course attending a course in a public school in a nonresident school dis-
trict under this section has all of the rights and privileges of pupils (b) “Governing body of a private school” means a board
residing in that school district and is subject to the same rules and elected or appointed to govern a private school or, if no board is
regulations as pupils residing in that school district. appointed or elected to govern the school, any other person having
(10) DISCIPLINARY RECORDS. Notwithstanding s. 118.125, the direct charge of the private school.
resident school board shall provide to the nonresident school (bm) “Institution of higher education” means all of the follow-
board to which a pupil has applied under this section, upon request ing:
by that school board, a copy of any expulsion findings and orders, 1. An institution within the University of Wisconsin System
a copy of records of any pending disciplinary proceeding involv- or a tribally controlled college.
ing the pupil, a written explanation of the reasons for the expulsion
2. A private, nonprofit institution of higher education located
or pending disciplinary proceeding, and the length of the term of
in this state.
the expulsion or the possible outcomes of the pending disciplinary
proceeding. (c) “Participating private school” means a private school
(11) TRANSPORTATION. (a) Responsibility. The parent of a attended by a pupil who has applied to take or is taking a course
pupil attending a course in a public school in a nonresident school under this section.
district under this section is responsible for transporting the pupil (2) ENROLLMENT IN INSTITUTION OF HIGHER EDUCATION; APPLI-
to and from the course that the pupil is attending. CATION. Subject to sub. (7t) (c), any public high school pupil who
(b) Low−income assistance. The parent of a pupil who is is not attending a technical college under s. 38.12 (14) or 118.15
attending a course in a public school in a nonresident school dis- (1) (b) and any high school pupil attending a private school may
trict under this section may apply to the department for reimburse- enroll in an institution of higher education for the purpose of tak-
ment of the costs incurred by the parent for the transportation of ing one or more nonsectarian courses at the institution of higher
the pupil to and from the pupil’s residence or school in which the education, including during a summer semester or session. The
pupil is enrolled and the school at which the pupil is attending the pupil shall submit an application to the institution of higher educa-
course if the pupil and parent are unable to pay the cost of such tion in the previous school semester. The pupil shall indicate on
transportation. The department shall determine the reimburse- the application whether he or she will be taking the course or cour-
ment amount and shall pay the amount from the appropriation ses for high school credit or postsecondary credit or both, if appli-
under s. 20.255 (2) (cy). The department shall give preference cable. The pupil shall also specify on the application that, if he or
under this paragraph to those pupils who satisfy the income eligi- she is admitted, the institution of higher education may disclose
bility criteria for a free or reduced−price lunch under 42 USC 1758 the pupil’s grades, the courses that he or she is taking, and his or
(b) (1). her attendance record to the public or private school in which the
(12) TUITION. The resident school board shall pay to the non- pupil is enrolled.
resident school board, for each pupil attending a course in a public (3) NOTIFICATION OF SCHOOL BOARD; DETERMINATION OF HIGH
school in the nonresident school district under this section, an SCHOOL CREDIT; NOTIFICATION OF POSTSECONDARY CREDIT. (a) A
amount equal to the cost of providing the course to the pupil, cal- public school pupil who intends to enroll in an institution of higher
culated in a manner determined by the department. education under this section shall notify the school board of the
History: 1997 a. 27, 41, 164.; 2001 a. 16; 2013 a. 20, 173; 2015 a. 55; 2017 a. 59. school district in which he or she is enrolled and a pupil attending
Cross−reference: See also ch. PI 36, Wis. adm. code. a private school who intends to enroll in an institution of higher
This section applies when a high school student attends an educational institution education under this section shall notify the governing body of the
including the University of Wisconsin System (UWS) for the purpose of taking a
course offered by the educational institution. Before the 2013 revision of this section, private school he or she attends of that intention no later than
a high school student taking a concurrent enrollment course for college credit paid March 1 if the pupil intends to enroll in the fall semester, and no
tuition to UWS, either directly or indirectly. Providing concurrent enrollment courses
to high school students at no cost to the students is consistent with the legislative later than October 1 if the pupil intends to enroll in the spring
intent in revising this section. OAG 4−14. semester. The notice shall include the titles of the courses in which
the pupil intends to enroll and the number of credits of each
118.53 Attendance by pupils enrolled in a home− course, and shall specify whether the pupil will be taking the cour-
based private educational program. (1) In this section, ses for high school or postsecondary credit.
“course” means study which has the fundamental purposes of (b) If the public school pupil specifies in the notice under par.
developing the knowledge, concepts, and skills in a subject. (a) that he or she intends to take a course at an institution of higher
(2) In addition to the standards for admission under ss. 118.14, education for high school credit, the school board shall determine
118.145 (1), and 120.12 (25), the school board of a district shall whether the course is comparable to a course offered in the school
determine the minimum standards for admission to a course district, and whether the course satisfies any of the high school
offered by the school district in grades kindergarten through 8. graduation requirements under s. 118.33 and the number of high
(2m) A school board shall allow a pupil enrolled in a home− school credits to award the pupil for the course, if any. If the pupil
based private educational program who has not met the minimum attending a private school specifies in the notice under par. (a) that
standards for admission into high school under s. 118.145 (1) to he or she intends to take a course at an institution of higher educa-
attend up to 2 courses at a public school in the district during each tion for high school credit, the governing body of the participating
school semester if the school board determines that the pupil qual- private school shall determine whether the course is comparable
ifies for admission to those courses and if there is sufficient space to a course offered at the private school, whether the course satis-
in the classroom. fies any requirements necessary for high school graduation, and
(3) A school board shall allow a pupil enrolled in a home− the number of high school credits to award the pupil for the course,
based private educational program, who has met the standards for if any. In cooperation with institutions of higher education, the
admission under sub. (2), to attend up to 2 courses at a public state superintendent shall develop guidelines to assist school dis-
school in the district during each school semester if the school tricts and participating private schools in making the determi-
board determines that there is sufficient space in the classroom. nations. The school board or governing body shall notify the pupil
(4) A pupil enrolled in a home−based private educational proof its determinations, in writing, before the beginning of the
gram and attending a public school under this section may attend semester in which the pupil will be enrolled. If the public school
one course in each of 2 school districts, but may not attend more pupil disagrees with the school board’s decision regarding compa-
than 2 courses in any semester. rability of courses, satisfaction of high school graduation require-
History: 2013 a. 20, 211. ments or the number of high school credits to be awarded, the
pupil may appeal the school board’s decision to the state superin-
118.55 Early college credit program. (1) DEFINITIONS. In tendent within 30 days after the decision. The state superinten-
this section: dent’s decision shall be final and is not subject to review under
subch. III of ch. 227. If the pupil attending a participating private institution as an undergraduate student. Subject to sub. (7t), nei-
school disagrees with any decision of a governing body under this ther the institution of higher education nor the school board nor the
paragraph, the pupil may appeal the decision to the governing governing body may charge any additional costs or fees to a pupil
body within 30 days after the decision. to attend a course under this section.
(c) If the pupil specifies in the notice under par. (a) that he or 1m. For an institution of higher education under sub. (1) (bm)
she intends to take a course for postsecondary credit at an institu- that is a University of Wisconsin college campus, as defined in s.
tion of higher education that is within the University of Wisconsin 36.05 (6m), one−half of the amount that would be charged for each
System, the board of regents of the University of Wisconsin Sys- credit assigned to the course to an individual who is a resident of
tem shall notify the pupil whether credits earned for the course are this state and who is enrolled in the college campus as an under-
transferable between and within institutions within the system. graduate student. Subject to sub. (7t), neither the college campus
(4) ADMISSION TO INSTITUTION OF HIGHER EDUCATION; NOTIFI- nor the school board may charge any additional costs or fees to a
CATION. (a) An institution of higher education shall admit a pupil pupil to attend a course under this section.
to attend a course under this section if all of the following apply: 2. For an institution of higher education under sub. (1) (bm)
1. The pupil meets the requirements and prerequisites of the 2., one−third of the amount that would be charged for each credit
course. assigned to a similar course offered by the University of Wiscon-
2. There is space available in the course. sin−Madison to an individual who is a resident of this state and
(am) A pupil may attend an institution of higher education who is enrolled at the University of Wisconsin−Madison as an
under this section only if the institution of higher education com- undergraduate student. Subject to sub. (7t), neither the institution
plies with s. 118.13 (1). of higher education nor the school board may charge any addi-
tional costs or fees to a pupil to attend a course under this section.
(b) If an institution of higher education admits a pupil, it shall
notify the school board of the school district in which the pupil is (e) 1. Subject to sub. (7t), within 30 days after the end of the
enrolled or the governing body of the pupil’s participating private semester, the school board of the school district in which a pupil
school, in writing, within 30 days after the beginning of classes at who attended an institution of higher education under this section
the institution of higher education. The notification shall include was enrolled and the governing body of a participating private
the course or courses in which the pupil is enrolled. school attended by a pupil who attended the institution of higher
(c) If a pupil is not admitted to attend the course that he or she education under this section shall pay the institution, on behalf of
specified in the notice under sub. (3) (a) but is admitted to attend the pupil, the amount determined under par. (d) and shall submit
a different course, the pupil shall immediately notify the school an itemized report to the department of the amounts paid under
board of the school district in which he or she is enrolled or the this subdivision.
governing body of the pupil’s participating private school and the 2. Subject to subd. 3., from the appropriation under s. 20.445
school board or governing body shall inform the pupil of its deter- (1) (d), the secretary of the department of workforce development
minations under sub. (3) (b) regarding the course to which the shall, on behalf of the school board of a school district in which
pupil was admitted as soon as practicable. a pupil who attended an institution of higher education under this
(5) RESPONSIBILITY FOR AND DETERMINATION OF COSTS; PAY- section was enrolled and on behalf of the governing body of a par-
MENT AND REIMBURSEMENT FOR CERTAIN COSTS. Subject to sub. ticipating private school and a pupil who attended the private
(7t), the school board of the school district in which a pupil attend- school and who attended an institution of higher education under
ing an institution of higher education under this section is enrolled this section, pay to the department of public instruction the follow-
and the governing body of the participating private school ing amount:
attended by a pupil who is attending an institution of higher educa- a. For a pupil who took a course for high school credit, as
tion under this section shall be responsible for the following described in par. (a), 25 percent of the actual cost of tuition for the
amount: course, as determined under par. (d). The department of public
(a) If the pupil is taking a course for high school credit, regard- instruction shall reimburse the school board of the school district
less of whether the course is also taken for postsecondary credit, or the governing body of the private school the amount received
and if the course is not comparable to a course offered in the school from the department of workforce development under this subd.
district, 75 percent of the actual cost of tuition for the course, as 2. a.
determined under par. (d). If a pupil attending a private school is b. For a pupil who took a course for postsecondary credit, as
taking a course for high school credit, regardless of whether the described in par. (b), 50 percent of the actual cost of tuition for the
course is also taken for postsecondary credit, and if the course is course, as determined under par. (d). The department of public
not comparable to a course offered by the participating private instruction shall reimburse the school board of the school district
school, 75 percent of the actual cost of tuition for the course, as or the governing body of the private school the amount received
determined under par. (d). If the pupil takes a course described from the department of workforce development under this subd.
under this paragraph at a high school in a school district or at a par- 2. b.
ticipating private school, the school board of the school district or 3. If the appropriation under s. 20.445 (1) (d) in any fiscal year
the governing body of the participating private school shall be is insufficient to reimburse all school districts and all governing
responsible for the costs of books and other necessary materials bodies eligible for the full amount of reimbursable tuition costs
for the course. under subd. 2., the secretary of the department of workforce devel-
(b) If the pupil is taking a course for postsecondary credit and opment shall notify the state superintendent, who shall prorate the
if the course is not comparable to a course offered in the school amount of the payments under subd. 2. among eligible school dis-
district, 25 percent of the actual cost of tuition for the course, as tricts and governing bodies.
determined under par. (d). (6) RESPONSIBILITY OF PUPIL FOR TUITION AND FEES; INSTITU-
(d) If a school board or the governing body of a participating TION OF HIGHER EDUCATION. (a) Subject to sub. (7t), a pupil taking
private school is required to pay tuition on behalf of a pupil under a course at an institution of higher education for high school credit
this subsection, the tuition charged for each credit assigned to the under this section is not responsible for any portion of the tuition
course may not exceed the following: and fees for the course if the school board, the state superintendent
1. For an institution of higher education under sub. (1) (bm) on appeal under sub. (3) (b), the governing body of the participat-
1., other than a University of Wisconsin college campus, as ing private school, or the governing body on appeal under sub. (3)
defined in s. 36.05 (6m), one−third of the amount that would be (b) has determined that the course is not comparable to a course
charged for each credit assigned to the course to an individual who offered in the school district or at the participating private school,
is a resident of this state and who is enrolled in the educational whichever is applicable.
(b) A pupil taking a course at an institution of higher education ing criteria for determining reimbursement amounts under sub.
for high school credit under this section is responsible for the (7g).
tuition and fees for the course if the school board or the governing (10) INAPPLICABILITY. (a) In this subsection:
body of the participating private school has determined that the 1. “Private, nonprofit institution” means a private, nonprofit
course is comparable to a course offered in the school district or postsecondary institution that is a member of the Wisconsin Asso-
at the participating private school, unless the state superintendent ciation of Independent Colleges and Universities or any successor
or the governing body reverses the decision of the school board or organization.
governing body, respectively, on appeal under sub. (3) (b). 2. “University of Wisconsin System institution” means a
(c) 1. Except as provided in subd. 2., a pupil taking a course 4−year institution in the University of Wisconsin System.
under this section at an institution of higher education only for (b) This section does not apply to a course for which a public
postsecondary credit is responsible for 25 percent of the actual high school pupil may earn postsecondary credit if all of the fol-
cost of tuition for the course, as determined under sub. (5) (d). The lowing apply:
school board of the school district in which the pupil attending an
institution under this section is enrolled and the governing body 1. The school board of the school district and one of the fol-
lowing have entered into an agreement before, on, or after July 1,
of a participating private school attended by a pupil attending an
2018, to provide a college credit in high school program to aca-
institution of higher education under this section shall establish a
demically qualified pupils under which participating pupils may
written policy governing the timing and method for recovering
take the course for postsecondary credit:
from the pupil or the pupil’s parent or guardian the pupil’s share
of tuition as specified in this subdivision. a. The chancellor of a University of Wisconsin System insti-
tution.
2. The school board or the governing body of the participating
private school shall waive the pupil’s responsibility for costs b. The president of a private, nonprofit institution.
under subd. 1. if the department determines that the cost of the 2. The instruction of pupils in the course takes place in a
course would pose an undue financial burden on the pupil’s school building in the school district or a school district facility.
family. 3. The individual who provides instruction in the course is any
(7g) TRANSPORTATION. The parent or guardian of a pupil who of the following:
is attending an institution of higher education or technical college a. For a course taught pursuant to an agreement under subd.
under this section and is taking a course for high school credit may 1. a., a high school teacher who is employed by the school district
apply to the state superintendent for reimbursement of the cost of and certified or approved to provide the instruction by the partici-
transporting the pupil between the high school or participating pri- pating University of Wisconsin System institution or a faculty
vate school in which the pupil is enrolled and the institution of member of the participating University of Wisconsin System
higher education or technical college that the pupil is attending if institution.
the pupil and the pupil’s parent or guardian are unable to pay the b. For a course taught pursuant to an agreement under subd.
cost of such transportation. The state superintendent shall deter- 1. b., a high school teacher who is employed by the school district
mine the reimbursement amount and shall pay the amount from and certified or approved to provide the instruction by the partici-
the appropriation under s. 20.255 (2) (cy). The state superinten- pating private, nonprofit institution or a faculty member of the
dent shall give preference under this subsection to those pupils participating private, nonprofit institution.
who satisfy the income eligibility criteria for a free or reduced− (c) This section does not apply to a course for which a high
price lunch under 42 USC 1758 (b) (1). school pupil attending a private school may earn postsecondary
(7t) LIMITATIONS ON PARTICIPATION AND PAYMENT. (a) A school credit if all of the following apply:
board or the governing body of a participating private school may 1. The governing body of the private school and one of the
establish a written policy limiting the number of credits for which following have entered into an agreement before, on, or after July
the school board or governing body will pay under sub. (5) and s. 1, 2018, to provide a college credit in high school program to aca-
38.12 (14) (d) to the equivalent of 18 postsecondary semester demically qualified pupils under which participating pupils may
credits per pupil. take the course for postsecondary credit:
(c) If a pupil receives a failing grade in a course, or fails to com- a. The chancellor of a University of Wisconsin System insti-
plete a course, at an institution of higher education or technical tution.
college for which the school board or the governing body of a par- b. The president of a private, nonprofit institution.
ticipating private school has made payment, the pupil’s parent or 2. The instruction of pupils in the course takes place in the pri-
guardian, or the pupil if he or she is an adult, shall reimburse the vate school building.
school board or the governing body the amount paid on the pupil’s 3. The individual who provides instruction in the course is any
behalf upon the request of the school board or governing body. If of the following:
a school board or governing body that requests reimbursement of
a payment made under this section is not reimbursed as requested, a. For a course taught pursuant to an agreement under subd.
the pupil on whose behalf the payment was made is ineligible for 1. a., a high school teacher who is employed by the governing
any further participation in the program under this section. For the body of the private school and certified or approved to provide the
purposes of this paragraph, a grade that constitutes a failing grade instruction by the participating University of Wisconsin System
for a course offered in the school district or at the participating pri- institution or a faculty member of the participating University of
vate school constitutes a failing grade for a course taken at an insti- Wisconsin System institution.
tution of higher education or technical college under this section. b. For a course taught pursuant to an agreement under subd.
1. b., a high school teacher who is employed by the governing
(8) PROGRAM INFORMATION; AGREEMENT. (a) Annually by
body of the private school and certified or approved to provide the
October 1, each school board shall provide information about the
instruction by the participating private, nonprofit institution or a
program under this section to all pupils enrolled in the school dis- faculty member of the participating private, nonprofit institution.
trict in the 8th, 9th, 10th, and 11th grades. History: 1991 a. 39, 269, 315; 1993 a. 399; 1995 a. 27 ss. 3979m, 9145 (1); 1997
(b) A school board or the governing body of a participating pri- a. 27 ss. 2816 to 2819, 2821 to 2827m, 2844, 2845; Stats. 1997 s. 118.55; 1997 a. 113,
164, 237; 1999 a. 9; 2003 a. 131; 2015 a. 55; 2017 a. 59, 307; 2017 a. 364 ss. 48, 49.
vate school may enter into an agreement with an institution of Cross−reference: See also chs. PI 38 and 40, Wis. adm. code.
higher education to facilitate the early college credit program
under this section. 118.56 Work based learning programs. A school board,
(9) RULES. The state superintendent shall promulgate rules to a governing board of a charter school established under s. 118.40
implement and administer this section, including rules establish- (2r) or (2x), or a governing body of a private school may create a
work based learning program for pupils in grades 9 to 12. A (ad) “Administrator” means the superintendent, supervising
school board or governing body that creates a work based learning principal, executive director, or other person who acts as the
program under this section shall create the program to do all of the administrative head of a private school participating in the pro-
following: gram under this section.
(1) Require a pupil in the program to work at least 280 hours (af) “Disqualified organization” means an accrediting orga-
per school year for an employer that complies with sub. (3). Hours nization that is not an accrediting entity or a member of or other-
of instruction may not be used to satisfy the work requirements wise sanctioned by an accrediting entity.
under this subsection. Hours that fulfill the work requirements (ag) “Disqualified person” means a person who, when a pri-
under this subsection shall be counted as hours of direct pupil vate school was barred or terminated from participation in the pro-
instruction, as provided under ss. 118.60 (2) (a) 8. and 119.23 (2) gram under this section by an order issued under sub. (10), satis-
(a) 8. fied at least one of the following:
(2) Require a pupil to complete the required work hours by 1. Had a controlling ownership interest in, or was the adminis-
working no fewer than 40 and no more than 50 days per school trator or an officer, director, or trustee of, the private school.
year, by working no fewer than 6 and no more than 8 hours per day,
and by working no more than 2 days per week. 2. Was a person designated by the administrator of the private
school to assist in processing pupil applications.
(3) Require that an employer who participates in the program
do all of the following: 3. Was responsible for an action or circumstance that led to
the private school being barred or terminated from participation
(a) Comply with state laws relating to the employment of in the program under this section.
minors and any applicable federal labor law requirements for age
and immigration status. (am) “Eligible school district” means the school district that
was identified as an eligible school district under 2011 Wisconsin
(b) Provide each pupil with occupational training and work
Act 32, section 9137 (3u).
based learning experiences.
(bn) 1. Except as provided in subd. 2., “new private school”
(c) Provide each pupil with at least 30 hours of training while
employing the pupil. means a school that qualifies as a private school under s. 115.001
(3r) and that satisfies either of the following:
(d) Provide each pupil with a mentor who supervises the
pupil’s work and provides the pupil with a year−end evaluation. a. The school has been in continuous operation in this state
for less than 12 consecutive months.
(e) Provide a year−end evaluation to the pupil.
b. The school provides education to fewer than 40 pupils
(4) Provide transportation to and from the workplace at no divided into 2 or fewer grades.
cost to the pupil or the pupil’s family.
2. “New private school” does not include a private school the
(5) In determining eligibility for the program, allow the school governing body of which operates or manages a private school
board or governing body to require a pupil to demonstrate that is participating in the program under this section or under s.
employability through an interview process, teacher recommen-
119.23 if all of the following apply:
dations, or previous work, internship, or volunteer experience.
a. No payment has been withheld from any private school
(6) Require that a pupil who wishes to participate in the pro-
operated or managed by the governing body under sub. (10) (d)
gram enter into a signed agreement with the participating school
or s. 119.23 (10) (d) in the 3 immediately preceding school years.
and the pupil’s parent or guardian.
History: 2013 a. 20; 2015 a. 55; 2017 a. 11, 36. b. No order barring any private school operated or managed
by the governing body from participating in the program under
118.57 Notice of educational options; accountability this section or s. 119.23 has been issued under sub. (10) (a), (am),
report performance category; pupil assessments. (ar), or (b) or under s. 119.23 (10) (a), (am), (ar), or (b) in the 3
(1) Annually, by January 31, each school board shall publish as immediately preceding school years.
a class 1 notice, under ch. 985, and post on its Internet site a (c) “Preaccreditation” means the review and approval of an
description of the educational options available to children in the educational plan. Review of an education plan includes consider-
school district, including public schools, private schools partici- ation of whether the school submitting the plan meets the require-
pating in a parental choice program, charter schools, virtual ments under s. 118.165 (1). The fact that a private school has
schools, full−time or part−time open enrollment in a nonresident obtained preaccreditation does not require an accrediting entity to
school district, and the early college credit program. accredit the private school.
(2) The school board shall include in the notice under sub. (1) (cm) “Preaccrediting entity” means the Institute for the Trans-
the most recent performance category assigned under s. 115.385 formation of Learning at Marquette University, Wisconsin North
(1) (b) to each school within the school district boundaries, includ- Central Association, Wisconsin Religious and Independent
ing charter schools established under s. 118.40 (2r) or (2x) and pri- Schools Accreditation, Independent Schools Association of the
vate schools participating in a parental choice program under s. Central States, Wisconsin Evangelical Lutheran Synod School
118.60 or 119.23. The notice published by the school board shall Accreditation, National Lutheran School Accreditation, Wiscon-
inform parents that the full school and school district accountabil- sin Association of Christian Schools, Christian Schools Interna-
ity report is available on the school board’s Internet site. tional, Association of Christian Schools International, and the dio-
History: 2015 a. 55; 2017 a. 59, 143.
cese or archdiocese within which a private school is located.
118.60 Parental choice program for eligible school (d) “Progress records” has the meaning given in s. 118.125 (1)
districts and other school districts. (1) In this section: (c).
(ab) “Accrediting entity” means Cognia, Inc., Wisconsin Reli- (g) “Teacher” means a person who has primary responsibility
gious and Independent Schools Accreditation, Independent for the academic instruction of pupils.
Schools Association of the Central States, Wisconsin Evangelical (2) (a) Subject to pars. (ag) and (ar), any pupil in grades kin-
Lutheran Synod School Accreditation, National Lutheran School dergarten to 12 who resides within an eligible school district may
Accreditation, Wisconsin Association of Christian Schools, attend any private school under this section and, subject to pars.
Christian Schools International, Association of Christian Schools (ag), (ar), (be), (bm), and (bs), any pupil in grades kindergarten to
International, the diocese or archdiocese within which a private 12 who resides in a school district, other than an eligible school
school is located, and any other organization recognized by the district or a 1st class city school district, may attend any private
National Council for Private School Accreditation. school under this section if all of the following apply:
1. a. Except as provided in par. (bm), the pupil is a member c. The pupil attended a private school under this section or s.
of a family that has a total family income that does not exceed an 119.23 in the previous school year.
amount equal to 3.0 times the poverty level determined in accord- d. The pupil is applying to attend kindergarten, first grade, or
ance with criteria established by the director of the federal office 9th grade in a private school participating in the program under
of management and budget. In this subdivision and sub. (3m), this section.
family income includes income of the pupil’s parents or legal e. The pupil attended a school in another state in the previous
guardians. Except as provided in subd. 1. c. and d., the family school year.
income of the pupil shall be verified as provided in subd. 1. b. A
pupil attending a private school under this section whose family f. The pupil was on a waiting list to attend a private school
income increases may continue to attend a private school under under this section or s. 119.23 during the previous school year.
this section. g. If the pupil resides in a school district, other than an eligible
b. The private school or the pupil’s parent or guardian submits school district or a 1st class city school district, the pupil was on
to the department of public instruction the names, addresses, a waiting list under sub. (3) (ar) 4. in any previous school year.
social security numbers, and other state and federal tax identifica- 3. a. Except as provided in subd. 3. b. and c. and par. (ag) 1.,
tion numbers, if any, of the pupil’s parents or legal guardians that the private school notified the state superintendent of its intent to
reside in the same household as the pupil, whether and to whom participate in the program under this section or in the program
the parents or legal guardians are married, the names of all of the under s. 119.23, and paid the nonrefundable fee, set by the depart-
other members of the pupil’s family residing in the same house- ment as required under s. 119.23 (2) (a) 3., by January 10 of the
hold as the pupil, and the school year for which family income is previous school year. The notice shall specify the number of
being verified under this subd. 1. b. The department of revenue pupils participating in the program under this section and in the
shall review the information submitted under this subd. 1. b. and program under s. 119.23 for which the school has space.
shall verify the eligibility or ineligibility of the pupil to participate b. For a private school that intends to participate in the pro-
in the program under this section on the basis of family income. gram under this section in an eligible school district identified
In this subdivision, “family income” means federal adjusted gross under 2011 Wisconsin Act 32, section 9137 (3u), the private
income of the parents or legal guardians residing in the same school notified the state superintendent of its intent to participate,
household as the pupil for the tax year preceding the school year and paid the nonrefundable fee set by the department under subd.
for which family income is being verified under this subd. 1. b. or, 3. a. by August 1, 2011. The notice shall specify the number of
if not available, for the tax year preceding the tax year preceding pupils participating in the program under this section for which
the school year for which family income is being verified under the school has space.
this subd. 1. b. Family income for a family in which the pupil’s c. For a private school that intends to participate in the pro-
parents are married or in which the pupil’s legal guardians are gram under this section and to accept pupils who reside in a school
married shall be reduced by $7,000 before the verification is made district, other than an eligible school district or a 1st class city
under this subd. 1. b. The department of revenue may take no school district, in the 2013−14 school year, the private school noti-
other action on the basis of the information submitted under this fied the state superintendent of its intent to participate and paid the
subd. 1. b. If the department of revenue is unable to verify family nonrefundable fee set by the department as required under s.
income or to verify whether the pupil is eligible or ineligible to 119.23 (2) (a) 3. by July 26, 2013. The private school shall include
participate in the program under this section on the basis of family an electronic mail address on the notice of intent to participate and
income, the department of revenue shall notify the department of shall specify the number of pupils who reside in a school district,
public instruction, the private school, and the pupil’s parent or other than an eligible school district or a 1st class city school dis-
guardian of this fact and the department of public instruction shall trict, for which the school has space. The department shall notify
utilize an alternative process, to be established by the department the private school that it has received the notice of intent to partici-
of public instruction, to determine whether the pupil is eligible to pate in writing and by electronic mail by July 31, 2013.
participate in the program under this section on the basis of family 4. The private school complies with 42 USC 2000d.
income. The department of public instruction may not request any 5. The private school meets all health and safety laws or codes
additional verification of income from the family of a pupil once that apply to public schools.
the department of revenue has verified that the pupil is eligible to
participate in the program under this section on the basis of family 6. a. Except as provided in subd. 6. c. and d., all of the private
income. The department of public instruction shall establish a school’s teachers have a teaching license issued by the department
procedure for determining family income eligibility for those or a bachelor’s degree or a degree or educational credential higher
pupils for whom no social security number or state or federal tax than a bachelor’s degree, including a masters or doctorate, from
identification number has been provided. a nationally or regionally accredited institution of higher educa-
tion.
c. The family income of a pupil does not need to be verified
under subd. 1. b. for a pupil who attended a participating private b. All of the private school’s administrators have at least a
school under this section or s. 119.23 in a school year and applies bachelor’s degree from a nationally or regionally accredited insti-
to attend a participating private school under this section in the fol- tution of higher education or a teaching license or administrator’s
lowing school year. license issued by the department.
d. The family income of a pupil does not need to be verified c. Any teacher employed by the private school on July 1 of
under subd. 1. b. for a pupil who resided in a 1st class city school the first school year that begins after a school district is identified
district in a school year, attended a participating private school in as an eligible school district, who has been teaching for at least the
a 1st class city school district under the program under s. 119.23 5 consecutive years immediately preceding that July 1, and who
in that school year, and applies to attend a participating private does not satisfy the requirements under subd. 6. a. on that July 1,
school in an eligible school district in the school year immediately applies to the department on a form prepared by the department
following that school year. for a temporary, nonrenewable waiver from the requirements
under subd. 6. a. The department shall promulgate rules to imple-
2. Except as provided in par. (d), the pupil satisfies one or ment this subd. 6. c., including the form of the application and the
more of the following: process by which the waiver application will be reviewed. The
a. The pupil was enrolled in a public school in the previous application form shall require the applicant to submit a plan for
school year. satisfying the requirements under subd. 6. a., including the name
b. The pupil was not enrolled in school in the previous school of the accredited institution of higher education at which the
year. teacher is pursuing or will pursue the bachelor’s degree and the
anticipated date on which the teacher expects to complete the (ag) The governing body of a new private school shall comply
bachelor’s degree. No waiver granted under this subd. 6. c. is with all of the following before the new private school may partic-
valid after July 31 of the 5th school year that begins after a school ipate in the program under this section:
district was identified as an eligible school district. 1. By August 1 of the school year immediately preceding the
d. Any teacher employed on July 1, 2013, by a private school school year in which the new private school intends to participate
that accepts pupils under the program who reside in a school dis- in the program under this section, complete and submit to the
trict, other than an eligible school district or a 1st class city school department the following on forms provided by the department:
district, who has been teaching for at least the 5 consecutive years a. A notice of intent to participate and agreement to comply
immediately preceding that July 1, and who does not satisfy the with procedural requirements.
requirements under subd. 6. a. on that July 1, applies to the depart-
ment on a form prepared by the department for a temporary, non- b. A complete anticipated budget for the first fiscal period of
renewable waiver from the requirements under subd. 6. a. The participation in the program under this section showing that the
department shall promulgate rules to implement this subd. 6. d., private school will have a positive cash flow in each month of the
including the form of the application and the process by which the fiscal period and no operating deficit. The governing body shall
waiver application will be reviewed. The application form shall include on the completed form anticipated enrollments for all
require the applicant to submit a plan for satisfying the require- pupils enrolled in the new private school and for pupils enrolled
ments under subd. 6. a., including the name of the accredited insti- in the new private school under this section; estimated revenues
tution of higher education at which the teacher is pursuing or will and costs; a schedule of anticipated beginning and ending net
pursue the bachelor’s degree and the anticipated date on which the choice program assets; and a schedule of monthly cash flow
teacher expects to complete the bachelor’s degree. No waiver requirements. The governing body shall include in the budget
granted under this subd. 6. d. is valid after July 31 of the 5th school contingent funding sources the new private school will use in the
year that begins after July 1, 2013. event that actual enrollments are less than expected.
7. a. For a private school that was a first−time participant in c. The nonrefundable fee established by the department, as
the program under this section before April 10, 2014, and that is required under s. 119.23 (2) (a) 3., for the school year in which the
not accredited by an accrediting entity, the private school obtains fee is paid by the new private school. If the amount of the fee paid
accreditation from an accrediting entity by December 31 of the by the new private school under this subd. 1. c. increases for the
3rd school year following the first school year in which the private school year in which the new private school will first participate
school began participating in the program under this section. If in the program under this section, the new private school shall pay
the private school is accredited under this subd. 7. a., the private the difference between the fee paid and the fee due to the depart-
school is not required to obtain preaccreditation under subd. 7. b. ment. If the amount of the fee paid by the new private school under
as a prerequisite to providing instruction under this section in this subd. 1. c. decreases for the school year in which the new pri-
additional grades or in an additional or new school. vate school will first participate in the program under this section,
b. Each private school that begins participation in the pro- the department shall refund the new private school the difference
gram under this section on or after April 10, 2014, and that is not between the fee paid and the fee due to the department.
accredited by an accrediting entity, shall obtain preaccreditation 2. a. By August 1 of the school year immediately preceding
by a preaccrediting entity by August 1 before the first school term the school year in which the new private school intends to partici-
in which the private school begins participation in the program pate in the program under this section, submit to the department
under this section, or by May 1 if the private school begins partici- the information under sub. (6p) (a) and (b).
pating in the program during summer school. In any school year, b. If, at the time the new private school submits the informa-
a private school to which this subd. 7. b. applies may apply for and tion required under subd. 2. a., the new private school does not
seek to obtain preaccreditation from only one preaccrediting have a physical property within which the private school intends
entity. A private school to which this subd. 7. b. applies that fails to operate, submit a mailing address of an administrator of the pri-
to obtain preaccreditation as required under this subd. 7. b. may vate school.
not participate in the program under this section or under s. 119.23 4. Notwithstanding the deadline to obtain preaccreditation
until preaccreditation has been obtained, but the private school under par. (a) 7. b., by December 15 of the school year imme-
may apply for and seek to obtain preaccreditation from a preac- diately preceding the school year in which the new private school
crediting entity for the following school year.
intends to participate in the program under this section, obtain pre-
c. A private school to which subd. 7. b. applies shall apply for accreditation from a preaccrediting entity.
accreditation by an accrediting entity by December 31 of the first
5. By August 1 of the first school year in which the new pri-
school year that begins after April 10, 2014, in which the private
vate school intends to participate in the program under this sec-
school begins participation in the program under this section, and
shall achieve accreditation by an accrediting entity by December tion, demonstrate to the satisfaction of the department that the new
31 of the 3rd school year following the first school year in which private school has contracted with a 3rd−party payroll service that
the private school begins participation in the program under this will remit federal and state payroll taxes for each employee of the
section. If the private school is accredited under this subd. 7. c., new private school for the duration of the school year.
the private school is not required to obtain preaccreditation under (ar) By December 31 of the school year immediately preceding
subd. 7. b. as a prerequisite to providing instruction under this sec- the school year in which a new private school intends to partic-
tion in additional grades or in an additional or new school. ipate in the program under this section, the department shall notify
8. Notwithstanding s. 118.165 (1) (c), the private school the new private school in writing whether it has satisfied those
annually provides at least 1,050 hours of direct pupil instruction requirements under par. (ag) that must be satisfied before Decem-
in grades 1 to 6 and at least 1,137 hours of direct pupil instruction ber 31. If the department determines that the new private school
in grades 7 to 12. Hours provided under this subdivision include has not satisfied those requirements, the new private school may
recess and time for pupils to transfer between classes but do not not participate in the program under this section in the following
include the lunch periods. Annually, no more than 140 hours of school year, but may reinitiate the process under par. (ag) for the
work under s. 118.56 may be counted as hours of direct pupil next following school year.
instruction. (be) 1. In this paragraph:
9. If the private school operates any grade from 5 to 12, the a. “Applicable percentage” means, for the 2015−16 and
private school includes in its curriculum the instruction required 2016−17 school years, 1 percent, and for each school year begin-
under s. 121.02 (1) (L) 8., so far as applicable. ning with the 2017−18 school year and ending with the 2025−26
school year, the applicable percentage for the previous school year vate school participating in the program under this section and a
plus one percentage point. private school that is not participating in the program under this
b. “Membership” has the meaning given in s. 121.004 (5). section.
c. “Pupil participation limit” means a school district’s mem- 2. If a combined private school participates in the program
bership in the previous school year multiplied by the applicable under this section during the agreement year or the school year fol-
percentage for the current school year. lowing the agreement year, the requirements under par. (a) 2. do
2. Except as provided in subd. 2m., beginning with the not apply to a pupil who applies to attend the combined private
2015−16 school year and ending with the 2025−26 school year, school under this section during the agreement year or the school
the total number of pupils residing in a school district, other than year following the agreement year.
an eligible school district or a 1st class city school district, who (3) (a) The pupil or the pupil’s parent or guardian shall submit
may attend a private school under this section during a school year an application, on a form provided by the state superintendent, to
may not exceed the school district’s pupil participation limit for the participating private school that the pupil wishes to attend. If
that school year. more than one pupil from the same family applies to attend the
2m. A pupil who resides in a school district, other than an eli- same private school, the pupils may use a single application. No
gible school district or a 1st class city school district, may attend later than 60 days after the end of the application period during
a private school under this section if all of the following apply: which an application is received and subject to par. (ar), the private
school shall notify each applicant, in writing, whether his or her
a. The pupil attended a private school under par. (bm) in the
application has been accepted. If the private school rejects an
previous school year.
application, the notice shall include the reason. Subject to par.
b. The department determines that the total number of appli- (ar), a private school may reject an applicant only if it has reached
cations from pupils residing in the pupil’s resident school district its maximum general capacity or seating capacity. Except as pro-
exceeded the pupil’s resident school district’s pupil participation vided in par. (ar), the state superintendent shall ensure that the pri-
limit. vate school determines which pupils to accept on a random basis,
c. The pupil’s application to attend a private school under this except that the private school may give preference to the follow-
section was not accepted under the random process utilized by the ing in accepting applications, in the order of preference listed:
department. 1m. Pupils who attended the private school under this section
d. The private school to which the pupil applied to attend or s. 119.23 during the previous school year.
under this section has not exceeded its maximum general capacity 2m. Siblings of pupils described in subd. 1m.
or seating capacity.
3. Pupils who attended a different private school under this
3. Beginning with the 2026−27 school year, there is no limit section or s. 119.23 during the previous school year.
on the number of pupils who may attend private schools under this
section. 4. Siblings of pupils described under subd. 3.
(bm) No pupil who resides in a school district, other than an 5. Siblings of those pupils who have been randomly accepted
eligible school district or a 1st class city school district, may attend to attend the private school under this section and who did not
a participating private school under this section unless the pupil attend a private school under this section or s. 119.23 during the
is a member of a family that has a total family income that does previous school year.
not exceed an amount equal to 2.2 times the poverty level, deter- (ar) All of the following apply to applications to attend a pri-
mined in accordance with criteria established by the director of the vate school under this section only if the limitation under sub. (2)
federal office of management and budget. In this paragraph and (be) applies to the school year for which the application is made:
sub. (3m), family income includes income of the pupil’s parents 1. A private school that has submitted a notice of intent to par-
or legal guardians. Except as provided in par. (a) 1. c., the family ticipate under sub. (2) (a) 3. a. may accept applications for the fol-
income of the pupil shall be verified as provided in par. (a) 1. b. lowing school year between the first weekday in February and the
A pupil attending a private school under this section whose family 3rd Thursday in April from pupils who reside in a school district,
income increases may continue to attend a private school under other than an eligible school district or a 1st class city school dis-
this section. trict.
(bs) In the 2015−16 and 2016−17 school years, a private school 2. By the first weekday in May immediately following the
may accept pupils who reside in a school district, other than an eli- application period under subd. 1., each private school that
gible school district or a 1st class city school district, under this received applications under subd. 1. shall report to the department
section only if the private school has been continually operating the number of pupils who have applied under subd. 1. to attend the
as a private school since May 1, 2013. private school under this section and the names of those applicants
(c) 1. Notwithstanding par. (a) 6., a teacher employed by a pri- who have siblings who have also applied under subd. 1. to attend
vate school participating in the program under this section who the private school under this section.
teaches only courses in rabbinical studies is not required to have 3. Annually, upon receipt of the information under subd. 2.,
a bachelor’s degree. the department shall, for each school district, determine the sum
2. Notwithstanding par. (a) 6., an administrator of a private of all applicants for pupils residing in that school district under this
school participating in the program under this section that pre- paragraph. In determining the sum, the department shall count a
pares and trains pupils attending the school in rabbinical studies pupil who has applied to attend more than one private school
is not required to have a bachelor’s degree. under the program only once. After determining the sum of all
(d) 1. In this paragraph: applicants for pupils residing in a school district, the department
a. “Agreement year” means the first school year during which shall determine which applications to accept on a random basis,
a combined private school and a private school participating in the except that the department shall give preference to the applica-
program under this section are governed by the same governing tions of pupils described in par. (a) 1m. to 5., in the order of prefer-
body under a governing body agreement. ence listed in that paragraph.
b. “Combined private school” means a private school that 4. For each school district in which private schools received
enters into a governing body agreement and did not participate in applications under subd. 1. that exceeded the school district’s
the program under this section in the school year preceding the pupil participation limit under sub. (2) (be), the department shall
agreement year. establish a waiting list in accordance with the preferences required
under subd. 3.
c. “Governing body agreement” means an agreement to be NOTE: Subd. 4. is shown as affected by 2017 Wis. Acts 36 and 366 and as
governed by the same governing body that is entered into by a pri- merged by the legislative reference bureau under s. 13.92 (2) (i).
5. A private school that has accepted a pupil who resides in other than the payment the school receives under sub. (4) and, if
a school district, other than an eligible school district or a 1st class applicable, sub. (4m), if either of the following applies:
city school district, under this paragraph shall notify the depart- 1. The pupil is enrolled in a grade from kindergarten to 8.
ment whenever the private school determines that a pupil will not 2. The pupil is enrolled in a grade from 9 to 12 and the family
attend the private school under this paragraph. If, upon receiving income of the pupil, as determined under sub. (2) (a) 1., does not
notice under this subdivision, the department determines that the exceed an amount equal to 2.2 times the poverty level determined
number of pupils attending private schools under this section falls in accordance with criteria established by the director of the fed-
below a school district’s pupil participation limit under sub. (2) eral office of management and budget.
(be), the department shall fill any available slot in that school dis- (am) 1. Beginning in the 2011−12 school year, a private school
trict with a pupil selected from the school district’s waiting list participating in the program under this section may recover the
established under subd. 4., if such a waiting list exists. cost of providing the following to a pupil participating in the pro-
6. In the 2017−18 school year and any school year thereafter, gram under this section through reasonable fees in an amount
between the first weekday in August and the 3rd Friday in August, determined by the private school and charged to the pupil, except
the department may transfer a pupil’s application to attend a pri- that no participating private school may retroactively recover any
vate school under this section in the current school year to a pri- uncollected costs incurred prior to November 19, 2011:
vate school that accepted applications from pupils under subd. 1. a. Personal use items, such as uniforms, gym clothes, and
for the current school year, if all of the following apply: towels.
a. A participating private school accepted an application from b. Social and extracurricular activities if not necessary to the
the pupil for the current school year under subd. 1. and verified private school’s curriculum.
that the pupil is eligible to attend a private school under this sec-
c. Musical instruments.
tion.
d. Meals consumed by pupils of the private school.
b. The pupil’s residence changed after the end of the applica-
tion period under subd. 1. and on or before the 3rd Friday in e. High school classes that are not required for graduation and
August and the pupil continues to reside in a school district other for which no credits toward graduation are given.
than an eligible school district or a 1st class city school district. f. Transportation.
c. The participating private school to which the pupil’s appli- g. Before−school and after−school child care.
cation is transferred under this subdivision has space available in h. Room and board at the private school.
the pupil’s grade. 2. A private school may not prohibit an eligible pupil from
d. The total number of pupils residing in the pupil’s resident attending the private school, expel or otherwise discipline the
school district attending a private school under this section during pupil, or withhold or reduce the pupil’s grades because the pupil
the current school year does not exceed the school district’s pupil or the pupil’s parent or guardian cannot pay or has not paid fees
participation limit under sub. (2) (be). charged under subd. 1.
(b) If a participating private school rejects an applicant who (b) Beginning in the 2011−12 school year, a private school par-
resides within an eligible school district because the private ticipating in the program under this section may, in addition to the
school has too few available spaces, the applicant may transfer his payment it receives for a pupil under sub. (4) and, if applicable,
or her application to a participating private school that has space sub. (4m), charge the pupil tuition in an amount determined by the
available. An applicant rejected under this paragraph may be school if both of the following apply:
admitted to a private school participating in the program under 1. The pupil is enrolled in a grade from 9 to 12.
this section for the following school year, provided that the appli- 2. The family income of the pupil, as determined under sub.
cant continues to reside within an eligible school district. The (2) (a) 1., exceeds an amount equal to 2.2 times the poverty level
department may not require, in that following school year, the pri- determined in accordance with criteria established by the director
vate school to submit financial information regarding the appli- of the federal office of management and budget.
cant or to verify the eligibility of the applicant to participate in the (c) A private school participating in the program under this
program under this section on the basis of family income. section shall determine whether the private school may charge
(c) If a participating private school rejects an applicant who additional tuition to a pupil on the basis of the pupil’s family
resides in a school district, other than an eligible school district or income as permitted under par. (b). The private school shall estab-
a 1st class city school district, because the private school has too lish a process for accepting an appeal to the governing body of the
few available spaces, the applicant may transfer his or her applica- private school of the determination made under this paragraph.
tion to a participating private school that has space available. An (4) (a) Annually, on or before September 15, a private school
applicant who is rejected under this paragraph or an applicant who participating in the program under this section shall file with the
is on the waiting list under par. (ar) 4. may, subject to sub. (2) (be), department a report stating its summer daily attendance for each
be admitted to a private school participating in the program under day of summer school for the purpose of sub. (4m).
this section for the following school year, provided that the appli- (bg) 1. In the 2013−14 school year, upon receipt from the
cant continues to reside in a school district other than an eligible pupil’s parent or guardian of proof of the pupil’s enrollment in the
school district or a 1st class city school district. The department private school during a school term, the state superintendent shall
may not require, in that following school year, the private school pay to the private school in which the pupil is enrolled on behalf
to submit financial information regarding the applicant or to ver- of the pupil’s parent or guardian, from the appropriation under s.
ify the eligibility of the applicant to participate in the program 20.255 (2) (fr), an amount equal to the private school’s operating
under this section on the basis of family income. and debt service cost per pupil that is related to educational pro-
(d) By the 3rd Friday in September, a pupil or a pupil’s parent gramming, as determined by the department, or $6,442, which-
or guardian shall notify, using a form provided by the department, ever is less.
the department that the pupil is currently participating in the pro- 2. Except as provided in subd. 4., in the 2014−15 school year,
gram under this section. The form provided by the department upon receipt from the pupil’s parent or guardian of proof of the
under this paragraph shall require a pupil or a pupil’s parent or pupil’s enrollment in the private school during a school term, the
guardian to indicate the school year during which the pupil first state superintendent shall pay to the private school in which the
began participating in the program under this section. pupil is enrolled on behalf of the pupil’s parent or guardian, from
(3m) (a) A private school participating in the program under the appropriation under s. 20.255 (2) (fr), the lesser of an amount
this section may not charge or receive any additional tuition pay- equal to the private school’s operating and debt service cost per
ment for a pupil participating in the program under this section pupil that is related to educational programming, as determined by
the department, or an amount either of $7,210, if the pupil is installment, but the payment shall be made in a separate check
enrolled in a grade from kindergarten to 8, or of $7,856, if the pupil from the payment under this subsection.
is enrolled in a grade from 9 to 12. (4d) (a) In this subsection, “incoming choice pupil” means a
3. In the 2015−16 school year and in each school year thereaf- pupil who resides in a school district, other than a 1st class city
ter, upon receipt from the pupil’s parent or guardian of proof of the school district, who begins participating in the program under this
pupil’s enrollment in the private school during a school term, section in the 2015−16 school year or any school year thereafter,
except as provided in subd. 5., the state superintendent shall pay and who is enrolled in a private school under this section.
to the private school in which the pupil is enrolled on behalf of the (b) 1. Beginning in the 2015−16 school year, subject to s.
pupil’s parent or guardian, from the appropriation under s. 20.255 121.085 (1), the department shall decrease a school district’s state
(2) (fr), an amount equal to the sum of the maximum amount per aid payment under s. 121.08 by an amount calculated as follows:
pupil the state superintendent paid a private school under this sec- a. Identify the incoming choice pupils residing in the school
tion in the previous school year for the grade in which the pupil district for whom a payment is made under sub. (4) (bg) in that
is enrolled; the amount of the per pupil revenue adjustment under school year.
s. 121.91 (2m) for the current school year, if positive; and the b. Sum the payments made under sub. (4) (bg) for all of the
change in the amount of statewide categorical aid per pupil pupils identified under subd. 1. a. for that school year.
between the previous school year and the current school year, as
determined under s. 118.40 (2r) (e) 2p., if positive. c. Identify the incoming choice pupils residing in the school
district for whom a payment is made under sub. (4m) in that school
4. If the pupil described in subd. 2. is enrolled in a private year.
school that enrolls pupils under the program in any grade between
kindergarten to 8 and also in any grade between 9 to 12, the state d. Sum the payments made under sub. (4m) (a) for all of the
superintendent shall pay to the private school in which the pupil pupils identified under subd. 1. c. for that school year.
is enrolled on behalf of the pupil’s parent or guardian, from the e. Sum the amounts calculated under subd. 1. b. and d.
appropriation under s. 20.255 (2) (fr), the lesser of an amount 2. If a school district’s state aid payment under s. 121.08 is
equal to the private school’s operating and debt service cost per insufficient to cover the reduction under subd. 1., as determined
pupil that is related to educational programming, as determined by under s. 121.085 (2), the department shall decrease other state aid
the department, or an amount determined as follows: payments made by the department to the school district by the
a. Multiply the number of pupils participating in the program remaining amount.
under this section who are enrolled in the private school in any 3. The department shall ensure that the aid adjustment under
grade between kindergarten to 8 by $7,210. subd. 1. does not affect the amount determined to be received by
b. Multiply the number of pupils participating in the program a school district as state aid under s. 121.08 for any other purpose.
under this section who are enrolled in the private school in any (4m) (a) In addition to the payment under sub. (4), the state
grade between 9 to 12 by $7,856. superintendent shall, subject to par. (b), pay to each private school
c. Add the amounts determined under subd. 4. a. and b. participating in the program under this section, on behalf of the
parent or guardian of each pupil attending summer school in the
d. Divide the amount determined under subd. 4. c. by the total private school under this section during a summer and in the man-
number of pupils participating in the program under this section ner described in sub. (4) (c), an amount determined as follows:
who are enrolled at the private school.
1. Determine the maximum amount that could have been
5. If the pupil described in subd. 3. is enrolled in a private paid, at the end of the immediately preceding school term, per
school that enrolls pupils under the program in any grade between pupil under sub. (4) (bg) for the grade in which the pupil is attend-
kindergarten to 8 and also in any grade between 9 to 12, the state ing summer school under this section.
superintendent shall substitute for the amount described in subd.
2. If the pupil attended summer school for at least 15 days of
3. the amount determined under subd. 4. a. to d., with the follow-
summer instruction at the private school during that summer, mul-
ing modifications:
tiply the amount under subd. 1. by 0.05.
a. Multiply the number of pupils participating in the program
3. If the pupil attended summer school for less than 15 days
who are enrolled in the private school in any grade between
of summer instruction at the private school during that summer,
kindergarten to 8 by the sum of the maximum amount per pupil the
multiply the amount under subd. 1. by 0.05 by the quotient deter-
state superintendent paid a private school under this section in the mined by dividing the number of days of summer instruction the
previous school year for the grade in which the pupil is enrolled; pupil attended during that summer by 15.
the amount of the per pupil revenue adjustment under s. 121.91
(2m) for the current school year, if positive; and the change in the (b) A participating private school may receive a per pupil pay-
amount of statewide categorical aid per pupil between the pre- ment under par. (a) if all of the following are satisfied:
vious school year and the current school year, as determined under 1. The private school offers no fewer than 19 summer days of
s. 118.40 (2r) (e) 2p., if positive. instruction during that summer.
b. Multiply the number of pupils participating in the program 2. Each summer day of instruction offered by the private
who are enrolled in the private school in any grade between 9 to school under subd. 1. is comprised of no fewer than 270 minutes
12 by the sum of the maximum amount per pupil the state superin- of instruction.
tendent paid a private school under this section in the previous (4r) If, after the 3rd Friday in September in any school year,
school year for the grade in which the pupil is enrolled; the amount a private school participating in the program under this section
of the per pupil revenue adjustment under s. 121.91 (2m) for the closes, for each installment under sub. (4) (c) that was not paid to
current school year, if positive; and the change in the amount of the private school in that school year, the state superintendent shall
statewide categorical aid per pupil between the previous school pay to the board of the school district within which the pupil
year and the current school year, as determined under s. 118.40 resides, from the appropriation under s. 20.255 (2) (fv), the
(2r) (e) 2p., if positive. amount determined, for each pupil who had been attending the pri-
(c) The state superintendent shall pay 25 percent of the total vate school under this section in that school year and who enrolls
amount under this subsection in September, 25 percent in Novem- in the school district within which the pupil resides in that school
ber, 25 percent in February, and 25 percent in May. Each install- year, as follows:
ment may consist of a single check for all pupils attending the pri- (a) Multiply the amount determined under sub. (4) (bg) by
vate school under this section. The state superintendent shall 0.616.
include the entire amount under sub. (4m) in the November (b) Multiply the product under par. (a) by 0.25.
(4s) Notwithstanding subs. (4), (4d), (4m), and (4r), a pupil ticipated in the program under this section, to the extent permitted
attending a private school participating in the program under this under 20 USC 1232g and 43 CFR part 99, pupil scores on all stan-
section who is receiving a scholarship under s. 115.7915 shall not dardized tests administered under s. 118.30 (1t).
be counted as a pupil attending the private school under this sec- (bm) Upon request of the department, provide a copy of any
tion under sub. (4), (4d), (4m), or (4r). policy described in par. (a) and the academic standards adopted
(4v) (a) The department may consider a pupil enrolled in a under sub. (7) (b) 2.
private school participating in the program under this section who (c) Upon an individual joining the private school’s governing
satisfies all of the following as a resident of an eligible school dis- body, provide to the department a signed statement from the indi-
trict who is enrolled in the private school under this section: vidual verifying that the individual is a member of the governing
1. The pupil was a resident of a school district, other than an body.
eligible school district or a 1st class city school district, when the (d) Upon request by any pupil, or the parent or guardian of any
pupil applied to participate in the program under this section. minor pupil, who is attending or who applies to attend the private
2. The pupil accepted a space at a private school participating school, provide the material specified in pars. (a) and (b).
in the program under this section as a resident of a school district, (6p) In addition to the requirements under sub. (6m), a private
other than an eligible school district or a 1st class city school dis- school that is not a new private school and that did not participate
trict. in the program under this section or s. 119.23 in the previous
3. The pupil resides in an eligible school district on the 3rd school year shall submit to the department all of the following:
Friday in September. (a) By January 10 of the school year immediately preceding
4. The private school the pupil is attending under this section the school year in which the private school intends to participate
accepts applications under this section from pupils who reside in in the program under this section, all of the following:
an eligible school district. 1. The information required under sub. (6m) (a).
(b) If the department considers a pupil as a resident of an eligi- 2. A signed statement from each individual who is a member
ble school district under par. (a), the department shall ensure that of the private school’s governing body verifying that the individ-
the pupil is not counted for purposes of determining whether a ual is a member of the governing body.
school district has exceeded its pupil participation limit under sub. (b) By August 1 of the school year in which the private school
(2) (be). intends to participate in the program under this section, a copy of
(5) The state superintendent shall ensure that pupils and par- the academic standards adopted under sub. (7) (b) 2.
ents and guardians of pupils who reside in this state are informed (7) (ad) 1. If a private school participating in the program
annually of the private schools participating in the program under under this section or s. 119.23 and accredited under sub. (2) (a) 7.
this section and in the program under s. 119.23. to offer instruction in any elementary grade, but not any high
(6) The school board of a school district shall provide trans- school grade, seeks to offer instruction in any high school grade,
portation to pupils attending a private school under this section if the private school shall apply for and achieve accreditation to offer
required under s. 121.54 and may claim transportation aid under instruction in the additional grades in the manner established
s. 121.58 for pupils so transported. under sub. (2) (a) 7. c.
(6m) Each private school participating in the program under 2. If a private school participating in the program under this
this section shall do all of the following: section or s. 119.23 and accredited under sub. (2) (a) 7. to offer
(a) Provide to each pupil, or the parent or guardian of each instruction in any high school grade, but not any elementary
minor pupil, who applies to attend the private school all of the fol- grade, seeks to offer instruction in any elementary grade, the pri-
lowing: vate school shall apply for and achieve accreditation to offer
1. The name, address, and telephone number of the private instruction in the additional grades in the manner established
school and the name of one or more contact persons at the school. under sub. (2) (a) 7. c.
2. A list of the names of the members of the private school’s 3. The governing body of a private school participating in the
governing body and of the private school’s shareholders, if any. program under this section and accredited as required under
3. A notice stating whether the private school is an organiza- subds. 1. and 2. and sub. (2) (a) 7. shall ensure that the private
tion operated for profit or not for profit. If the private school is a school continuously maintains accreditation from an accrediting
nonprofit organization, the private school shall also provide the entity as long as the private school continues to participate in the
applicant with a copy of the certificate issued under section 501 program under this section.
(c) (3) of the Internal Revenue Code verifying that the private (ag) If a participating private school learns that an accrediting
school is a nonprofit organization that is exempt from federal organization with which the private school is maintaining accredi-
income tax. tation, as required under par. (ad), is a disqualified organization,
4. A copy of the appeals process used if the private school the private school shall immediately notify the department in writ-
rejects the applicant. ing of this fact and shall obtain accreditation from an accrediting
5. A copy of the policy developed by the private school under entity no later than 3 years from the date on which the private
s. 118.33 (1) (f) 2r. school learned that the accrediting organization is a disqualified
organization.
6. A copy of the nonharassment policy used by the private
school, together with the procedures for reporting and obtaining (am) 1m. In this paragraph, “eligible education expenses”
relief from harassment. means all direct and indirect costs associated with a private
school’s educational programming for pupils enrolled in grades
7. A copy of the suspension and expulsion policies and proce- kindergarten to 12 that are reasonable for the private school to
dures, including procedures for appealing a suspension or expul- achieve its educational purposes, as determined by the governing
sion, used by the private school. body of the private school in a written policy and tested by an inde-
8. A copy of the policy used by the private school for pendent auditor. “Eligible education expenses” include expenses
accepting or denying the transfer of credits earned by a pupil related to management, insurance, transportation, extracurricular
attending the private school under this section for the satisfactory programming and activities, facility and equipment costs, devel-
completion of coursework at another school. opment expenses, and programming that provides child care ser-
9. A copy of the policy governing visitors and visits to the pri- vices before school, after school, or both before and after school.
vate school, developed as required under sub. (7) (b) 2m. A cost is not an “eligible education expense” if an independent
(b) Annually, by August 1, provide to the department for each auditor determines, after testing, that the cost is not a cost associ-
of the previous 5 school years in which the private school has par- ated with the private school’s educational programming for pupils
enrolled in grades kindergarten to 12 that is reasonable for the pri- concerns raised in the management letter for the previous school
vate school to achieve its educational purposes, as determined by year.
the governing body of the private school in a written policy. 3. a. By no later than February 15 or 120 days after the date
2m. Each private school participating in the program under on which the audit under subd. 2m. a. is received by the depart-
this section is subject to uniform financial accounting standards ment, whichever is later, the department shall notify a private
established by the department. Annually by October 15 following school participating in the program under this section whether or
a school year in which a private school participated in the program not additional information is required for the department to com-
under this section, the private school shall submit to the depart- plete its review of the audit. Subject to subd. 3. b., the department
ment all of the following: may request that an auditor provide additional information if the
a. An independent financial audit of the private school con- request is related to the department reviewing the audit. The
ducted by an independent certified public accountant, accompa- department shall determine whether a private school participating
nied by the auditor’s statement that the report is free of material in the program under this section has provided the information and
misstatements and fairly presents the private school’s eligible met the requirements required under subd. 2m. a. by April 1.
education expenses, and beginning in the 2nd school year a pri- b. Before April 1, the department may contact the auditor who
vate school participates in the program under this section, a copy prepared the audit under subd. 2m. a. only regarding matters that
of a management letter prepared by the auditor. If the private may impact the private school’s financial statement by an amount
school annually received a total of at least $100,000 under this that is greater than 1 percent of the total amount the private school
section and ss. 115.7915 and 119.23 in any school year, the audit received under this section for the previous school year and any
shall be prepared in accordance with generally accepted account- items or information the department determines are missing from
ing principles with allowable modifications for long−term fixed the audit.
assets. If the private school has not annually received a total of at c. Notwithstanding subd. 3. a. and b., the department may
least $100,000 under this section and ss. 115.7915 and 119.23 in communicate with an auditor as necessary for the purpose of
any school year, the audit shall be prepared as prescribed by the assessing the financial viability of a private school participating
department by rule. The audit shall include a calculation of the in the program under this section.
private school’s net eligible education expenses and a calculation
d. An auditor who receives a written communication under
of the balance of the private school’s fund for future eligible edu-
this subdivision shall respond to the department within 10 school
cation expenses. The auditor shall conduct his or her audit, includ-
days of receiving the written communication.
ing determining sample sizes and evaluating financial viability, in
accordance with the auditing standards established by the Ameri- (an) 1. A private school participating in the program under this
can Institute of Certified Public Accountants. The department section shall maintain a cash and investment balance that is at least
may not require an auditor to comply with standards that exceed equal to its reserve balance. If a private school does not maintain
the scope of the standards established by the American Institute a cash and investment balance that is at least equal to its reserve
of Certified Public Accountants. If a private school participating balance, the private school shall refund the reserve balance to the
in a program under this section is part of an organization and the department. This subdivision does not apply to a school year that
private school and the organization share assets, liabilities, or eli- occurs during the public health emergency declared on March 12,
gible education expenses, the private school may submit an audit 2020, by executive order 72.
of the private school or of the organization of which it is a part. 2. If a private school participating in the program under this
If a private school that is part of an organization with which it section has a reserve balance that is greater than 50 percent of the
shares assets, liabilities, or eligible education expenses submits an total amount the private school received under this section in the
audit of only the private school, the independent auditor shall use previous school year, the governing body of the private school
his or her professional judgment to allocate any shared assets, lia- shall approve a plan for how it will use the amount of the reserve
bilities, and eligible education expenses between the organization balance that exceeds 50 percent of the total amount the private
and the private school. If a private school participating in the pro- school received under this section in the previous school year.
gram under this section also accepts pupils under s. 115.7915 or 3. If a private school ceases to participate in or is barred from
119.23, the private school may submit one comprehensive finan- the program under this section and s. 119.23 and the private
cial audit to satisfy the requirements of this subdivision and ss. school’s reserve balance is positive, the private school shall
115.7915 (6) (e) and 119.23 (7) (am) 2m., whichever are applica- refund the reserve balance to the department.
ble. The private school shall include in the comprehensive finan- (b) Each private school participating in the program under this
cial audit the information specified under s. 119.23 (7) (am) 2m. section shall do all of the following:
b. Evidence of sound fiscal and internal control practices, as 1. Administer to any pupils attending the 3rd grade in the pri-
prescribed by the department by rule. An independent auditor vate school under this section a standardized reading test devel-
engaged to evaluate the private school’s fiscal and internal control oped by the department.
practices shall conduct his or her evaluation, including determin-
ing sample sizes, in accordance with attestation standards estab- 2. Adopt the pupil academic standards required under s.
lished by the American Institute of Certified Public Accountants. 118.30 (1g) (a) 4.
The independent auditor engaged to evaluate the private school’s 2m. Develop a written policy governing visitors and visits to
fiscal and internal control practice shall also review any concerns the private school.
raised in the private school’s management letter submitted under 3. Ensure that any teacher’s aide employed by the private
subd. 2m. a. The fact that a private school reports a negative school has graduated from high school, been granted a declaration
reserve balance alone is not evidence that the private school does of equivalency of high school graduation, been granted a high
not have the financial ability to continue operating or that the pri- school diploma by the administrator of a home−based private edu-
vate school does not follow sound fiscal and internal control prac- cational program, or been issued a general educational develop-
tices. ment certificate of high school equivalency, or has obtained a
c. If an independent auditor engaged to evaluate the private degree or educational credential higher than a high school
school’s fiscal and internal control practice determines that the diploma, declaration of equivalency of high school graduation, or
governing body of the private school has not taken reasonable general educational development certificate of high school equiv-
actions to remedy any concerns raised in the management letter alency.
submitted under subd. 2m. a. in the previous school year, a report 3m. Annually, schedule 2 meetings at which members of the
prepared by the independent auditor that includes the auditor’s governing body of the private school will be present and at which
findings related to the governing body’s actions to remedy any pupils, and the parents or guardians of pupils, applying to attend
the private school or attending the private school may meet and the requirement of this subdivision. This subdivision applies only
communicate with the members of the governing body. The pri- to a private school located in an eligible school district.
vate school shall, within 30 days after the start of the school term, 3. Proof that the private school’s administrator has partici-
notify the department in writing of the scheduled meeting dates pated in a fiscal management training program approved by the
and shall, at least 30 days before the scheduled meeting date, department.
notify in writing each pupil, or the parent or guardian of each (dr) A private school participating in the program under this
minor pupil, applying to attend the private school or attending the section may elect to maintain an electronic copy of any applica-
private school of the meeting date, time, and place. tion submitted on behalf of and any correspondence to or about a
4. Maintain progress records for each pupil attending the pri- pupil attending the private school under this section instead of a
vate school under this section while the pupil attends the school paper copy of the application and correspondence. The private
and, except as provided under subd. 7., for at least 5 years after the school shall maintain electronic copies of pupil applications and
pupil ceases to attend the school. correspondence for a period of at least 5 years.
5. Upon request, provide a pupil or the parent or guardian of (e) Each private school participating in the program under this
a minor pupil who is attending the private school under this sec- section shall administer the examinations required under s. 118.30
tion with a copy of the pupil’s progress records. (1t) or examinations permitted under s. 118.301 (3) to pupils
6. Issue a high school diploma or certificate to each pupil who attending the school under the program. The private school may
attends the private school under this section and satisfactorily administer additional standardized tests to such pupils.
completes the course of instruction and any other requirements (em) 1. The governing body of each private school participat-
necessary for high school graduation. ing in the program under this section shall, subject to subd. 2.,
7. a. Except as provided in subd. 7. b., if the private school annually, by August 1, provide the department with evidence
ceases operating as a private school, immediately transfer all of demonstrating that the private school remains accredited for the
the progress records of each pupil who attended the school under current school year as required under par. (ad). The governing
this section to the school board of the school district within which body shall include as evidence of accreditation a notice prepared
the pupil resides. The private school shall send written notice to by an accrediting entity that confirms that the private school is
each pupil, or to the parent or guardian of a minor pupil, of the accredited by that entity as of the date of the notice.
transfer of progress records under this subd. 7. a. 2. The governing body shall immediately notify the depart-
b. If the private school is affiliated with an organization that ment if its accreditation status changes.
will maintain the progress records of each pupil who attended the (g) 1. By the first day of the 3rd month beginning after the
school under this section for at least 5 years after the private school month in which the department establishes the model manage-
ceases operation as a private school, the private school may trans- ment plan and practices for maintaining indoor environmental
fer a pupil’s records to the organization if the pupil, or the parent quality in public and private schools under s. 118.075 (3), or by
or guardian of a minor pupil, consents in writing to the release of October 1 of a private school’s first school year of participation in
the progress records to the affiliated organization. The private the program under this section, whichever is later, the private
school shall send to the department a copy of the consent form for school shall provide for the development of a plan for maintaining
each pupil who consents to the transfer of progress records under indoor environmental quality in the private school.
this subd. 7. b. The written notice shall be signed by the pupil, or 2. By the first day of the 12th month beginning after the month
the parent or guardian of a minor pupil, and shall include the name, in which the department establishes the model management plan
phone number, mailing address, and other relevant contact infor- and practices for maintaining indoor environmental quality in
mation of the organization that will maintain the progress records, public and private schools under s. 118.075 (3), or by the begin-
and a declaration by the affiliated organization that the organiza- ning of the 2nd school year of participation in the program under
tion agrees to maintain the progress records for at least 5 years this section, whichever is later, the private school shall implement
after the private school ceases operation as a private school. a plan for maintaining indoor environmental quality in the private
(c) A private school may not require a pupil attending the pri- school.
vate school under this section to participate in any religious activ- 3. Each private school participating in the program under this
ity if the pupil’s parent or guardian submits to the pupil’s teacher section shall provide a copy of the plan implemented under subd.
or the private school’s principal a written request that the pupil be 2. to any person upon request.
exempt from such activities. (h) Beginning in the 2018−19 school year, each private school
(d) By August 1 before the first school term of participation in participating in the program under this section shall conduct crim-
the program that begins in the 2014−15 school year or any school inal background investigations of its employees and exclude from
year thereafter, or by May 1 if the private school begins participat- employment any person not permitted to hold a teaching license
ing in the program during summer school, each private school par- as the result of an offense and any person who might reasonably
ticipating in the program under this section shall submit to the be believed to pose a threat to the safety of others.
department all of the following: (7m) (a) By May 1 before the first school term that a private
1. a. In this subdivision, “municipality” has the meaning school participates in the program under this section or s. 119.23,
given in s. 5.02 (11). a private school shall submit to the department one of the follow-
b. A copy of the school’s current certificate of occupancy ing:
issued by the municipality within which the school is located. If 1. A surety bond payable to the state in an amount equal to 25
the private school moves to a new location, the private school shall percent of the total amount of payments the private school expects
submit a copy of the new certificate of occupancy issued by the to receive under this section and s. 119.23 during the first school
municipality within which the school is located to the department year the private school participates in the program under this sec-
before the attendance of pupils at the new location and before the tion.
next succeeding date specified in s. 121.05 (1) (a). If the munici- 2. A complete anticipated budget, on a form provided by the
pality within which the private school is located does not issue cer- department, for the first fiscal period of participation in the pro-
tificates of occupancy, the private school may submit a certificate gram under this section and evidence of financial viability, as pre-
of occupancy issued by the local or regional governmental unit scribed by the department by rule. The private school shall
with authority to issue certificates of occupancy or a letter or form include in the budget the anticipated enrollments for all pupils
from the municipality within which the private school is located enrolled in the private school and for pupils enrolled in the private
that explains that the municipality does not issue certificates of school under this section; estimated revenues and costs; a sched-
occupancy. A temporary certificate of occupancy does not meet ule of anticipated beginning and ending net choice program
assets; and a schedule of monthly cash flow requirements. The 1. The private school has not complied with the requirements
private school shall include in the budget contingent funding under sub. (7) (em).
sources the private school will use in the event that actual enroll- 2. The private school’s application for accreditation has been
ments are less than expected. denied by the accrediting entity.
(b) 1. If a private school submits a surety bond under par. (a) 3. The private school has not achieved accreditation within
1., the private school shall annually provide, by May 1, a surety the period allowed under sub. (2) (a) 7.
bond payable to the state until the private school submits all of the 4. The private school intentionally or negligently misrepre-
following to the department: sented any information required under this section or any rule pro-
a. A financial audit prepared in accordance with generally mulgated under this section.
accepted accounting principles with allowable modifications for (ar) 1. If the state superintendent determines that a private
long−term fixed assets that does not contain any indicators that the school has failed to continuously maintain accreditation as
private school is not financially viable. required under sub. (7) (ad), that the governing body of the private
b. Evidence of sound fiscal and internal control practices school has withdrawn the private school from the accreditation
under sub. (7) (am) 2m. b. for the school year in the financial audit process, or that the private school’s accreditation has been
submitted under subd. 1. a. and for the subsequent school year, revoked, denied, or terminated by an accrediting entity, the state
neither of which indicates that the private school is not financially superintendent shall issue an order barring the private school’s
viable. participation in the program under this section at the end of the
2. A private school shall provide a surety bond under this current school year.
paragraph in an amount equal to 25 percent of the total amount of 2. A private school whose participation in the program under
payments the private school expects to receive under this section this section is barred under subd. 1. may not participate in the pro-
and s. 119.23 during the following school year. gram under this section or under s. 119.23 until the governing
(c) If a private school submits a complete anticipated budget body of the private school demonstrates to the satisfaction of the
under par. (a) 2., the department shall determine whether the pri- department that it has obtained accreditation from an accrediting
vate school is financially viable by August 1. If the department entity, provided the accreditation is from an entity other than the
determines that the private school is not financially viable, the pri- entity with which the private school failed to continuously main-
vate school is not eligible to participate in the program under this tain accreditation or, if the private school’s accreditation was
section or s. 119.23 in the current school year. revoked, denied, or terminated, other than the entity that revoked,
(9) If any accrediting or preaccrediting entity determines dur- denied, or terminated the private school’s accreditation.
ing the accrediting or preaccrediting process that a private school (b) The state superintendent may issue an order immediately
does not meet all of the requirements under s. 118.165 (1), it shall terminating a private school’s participation in the program under
report that failure to the department. this section if he or she determines that conditions at the private
(9m) Beginning in September 2016, and annually thereafter, school present an imminent threat to the health or safety of pupils.
the governing body of a private school participating in the pro- (c) Whenever the state superintendent issues an order under
gram under this section that maintains an Internet site for the pri- par. (a), (am), (ar), or (b), he or she shall immediately notify the
vate school shall, if the private school is included in the most parent or guardian of each pupil attending the private school under
recent accountability report published under s. 115.385, within 30 this section.
days after the department publishes the accountability report, (d) The state superintendent may withhold payment from a pri-
prominently link on the home page of that Internet site to the pages vate school under subs. (4) and (4m) if the private school violates
in that most recent accountability report concerning the private this section or s. 115.383 (3) (b).
school. (11) The department shall do all of the following:
(10) (a) The state superintendent may issue an order barring (a) Promulgate rules to implement and administer this section.
a private school from participating in the program under this sec- The department may not by rule establish standards under sub. (7)
tion in the current school year if the state superintendent deter- (am) that exceed the standards established by the American Insti-
mines that the private school has done any of the following: tute of Certified Public Accountants.
1. Intentionally or negligently misrepresented any informa- (b) Notify each private school participating in the program
tion required under this section or any rule promulgated under this under this section of any proposed changes to the program or to
section. administrative rules governing the program, including changes to
2. Failed to provide the notice or pay the fee required under application or filing deadlines but not including changes to provi-
sub. (2) (a) 3., or provide the information required under sub. (7) sions governing health or safety, prior to the beginning of the
(am) or (d), by the date or within the period specified. school year in which the change takes effect.
3. Failed to refund to the state any overpayment made under (c) Within 10 days after receiving the information submitted
sub. (4) or (4m) by the date specified by department rule. as required under sub. (7) (em), notify the participating private
school of receipt of accreditation status.
5. Failed to provide the information required under sub. (6m)
or (6p). (d) When the department publicly releases data related to
enrollment of, standardized test results for, applications submitted
6. Failed to comply with the requirements under sub. (7) (b), by, waiting lists for pupils participating in or seeking to participate
(c), or (h) or (7m). in the program under this section, release the data all at the same
7. Violated sub. (7) (b) 4., 5., or 6. time, uniformly, and completely.
8. Before the end of a 7−year period beginning on the date of (12) During the public health emergency declared on March
an order issued by the state superintendent under this subsection, 12, 2020, by executive order 72, if a private school participating
retained a disqualified person, for compensation or as a volunteer, in the program under this section is closed for at least 10 school
as an owner, officer, director, trustee, administrator, person desig- days in a school year by a local health officer, as defined in s.
nated by the administrator to assist in processing pupil applica- 250.01 (5), or the department of health services, in the school year
tions, or person responsible for administrative, financial, or pupil during which the school is closed and the following school year,
health and safety matters. the department may not withhold payment from the private school
(am) If the state superintendent determines that any of the fol- under sub. (10) (d) or bar the private school from participating in
lowing have occurred, he or she may issue an order barring the pri- the program under sub. (10) (a), (am), or (ar) for failing to comply
vate school from participating in the program under this section with a requirement under this section or a rule promulgated under
in the following school year: this section if all of the following occur:
(a) The private school submits information to the department

that explains how the school closure impacted the private school’s
ability to comply with the requirement and any action the private
school took to mitigate the consequences of not complying with
the requirement.
(b) The department determines that the private school’s failure
to comply with the requirement was caused by the closure.
History: 2011 a. 32, 47, 215; 2013 a. 20, 2013 a. 166 s. 77; 2013 a. 173 s. 33; 2013
a. 237, 256; 2015 a. 55, 72, 212, 297, 338; 2017 a. 36, 59; 2017 a. 364 ss. 48, 49; 2017
a. 366; 2019 a. 55, 185; 2021 a. 30; s. 13.92 (2) (i); s. 35.17 correction in (2) (ag) 4.,
(3) (ar) 3. and (c), (10) (a) 3.

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Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. May 6, 2021.

1 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.01

118.01 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 2

3 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.019

118.019 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 4

5 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.07

118.07 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 6

7 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.076

118.076 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 8

9 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.125

118.125 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 10

11 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.125

118.125 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 12

13 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.134

118.134 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 14

15 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.15

118.15 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 16

17 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.16

118.16 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 18

19 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.162

118.162 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 20

21 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.167

118.167 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 22

23 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.19

118.19 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 24

25 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.191

118.191 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 26

27 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.20

118.20 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 28

29 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.24

118.24 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 30

31 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.258

118.258 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 32

33 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.291

118.291 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 34

35 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.30

118.30 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 36

37 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.301

118.301 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 38

39 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.305

118.305 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 40

41 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.33

118.33 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 42

43 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.34

118.34 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 44

45 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.40

118.40 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 46

47 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.40

118.40 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 48

49 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.40

118.40 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 50

51 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.42

118.42 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 52

53 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.43

118.43 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 54

55 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.46

118.46 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 56

57 Updated 19−20 Wis. Stats. GENERAL SCHOOL OPERATIONS 118.51

118.51 GENERAL SCHOOL OPERATIONS Updated 19−20 Wis. Stats. 58