LRB-4450/1
PG:bjk&jld:rs
2009 - 2010 LEGISLATURE
March 8, 2010 - Introduced by Senators Kreitlow, Vinehout and Holperin,
cosponsored by Representatives Dexter, Danou, Clark, Garthwaite,
Hilgenberg, Hraychuck, Pope-Roberts, Roys, Sinicki, Smith, Staskunas
and
Zigmunt. Referred to Committee on Education.
SB595,1,2 1An Act to amend 121.54 (2) (b) 1., 121.54 (2) (b) 4. and 121.55 (3) (b) of the
2statutes; relating to: transportation of private school pupils.
Analysis by the Legislative Reference Bureau
Current law, with some exceptions, requires a school district to provide
transportation to and from school for a pupil attending a private school that is located
at least two miles from the pupil's residence.
This bill requires a school district to provide transportation for private school
pupils only during the school term of the school district. A school term is the time
beginning on the first school day and ending on the last school day that the schools
of a school district are in operation for the attendance of pupils in a school year,
excluding summer classes.
Under current law, if the estimated cost of transporting a pupil to a private
school is more than 1.5 times the school district's average cost per pupil for bus
transportation, the school board may fulfill its obligation to transport the pupil by
contracting with the pupil's parent or guardian. Except as provided below, the
contract must provide for an annual payment for each pupil of at least $5 times the
number of miles between the pupil's residence and the private school, or the school
district's average cost per pupil for bus transportation, whichever is greater.
In a first class city school district (currently, only the Milwaukee Public
Schools), if two or more pupils reside in the same household and attend the same
private school, the contract may, at the discretion of the school board, provide for a
total annual payment of the amount described above for all of the pupils instead of
for each of the pupils. This bill extends this provision to all school districts.

Currently, annually by May 15 each private school must notify each school
board of the names, grade levels, and locations of all pupils eligible to be transported
by the school board during the succeeding school term. This bill changes the
notification date to July 15.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB595, s. 1 1Section 1. 121.54 (2) (b) 1. of the statutes is amended to read:
SB595,2,102 121.54 (2) (b) 1. Except as provided in sub. (1) or otherwise provided in this
3subsection, the school board of each district operating high school grades shall
4provide transportation during the school term to and from the school a pupil attends
5for each pupil residing in the school district who attends any elementary grade,
6including kindergarten, or high school grade at a private school located 2 miles or
7more from the pupil's residence, if such private school is a school within whose
8attendance area the pupil resides and is situated within the school district or not
9more than 5 miles beyond the boundaries of the school district measured along the
10usually traveled route.
SB595, s. 2 11Section 2. 121.54 (2) (b) 4. of the statutes is amended to read:
SB595,2,1612 121.54 (2) (b) 4. No later than May July 15 in each year, each private school
13shall notify each school board of the names, grade levels and locations of all pupils,
14if any, eligible to have transportation provided by such school board under this
15paragraph and planning to attend such private school during the forthcoming school
16term. The school board may extend the notification deadline.
SB595, s. 3 17Section 3. 121.55 (3) (b) of the statutes, as created by 2009 Wisconsin Act 28,
18is amended to read:
SB595,3,8
1121.55 (3) (b) Except as provided in par. (c), if 2 or more pupils reside in the
2same household and attend the same private school, the contract under par. (a) may,
3at the discretion of the school board of the school district operating under ch. 119,
4provide for a total annual payment for all such pupils of not less than $5 times the
5distance in miles between the pupils' residence and the private school they attend,
6or the school district's average cost per pupil for bus transportation in the previous
7year exclusive of transportation for kindergarten pupils during the noon hour and
8for pupils with disabilities, whichever is greater.
SB595, s. 4 9Section 4. Initial applicability.
SB595,3,1210 (1) The treatment of section 121.55 (3) (b) of the statutes first applies to
11contracts entered into under section 121.55 (3) of the statutes, as affected by this act,
12on the effective date of this subsection.
SB595, s. 5 13Section 5. Effective dates. This act takes effect on the day after publication,
14except as follows:
SB595,3,1615 (1) The treatment of section 121.54 (2) (b) 1. of the statutes takes effect on July
161, 2010.
SB595,3,1717 (End)
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