SB300: Bill Text

LRB-4208/1

PG:skg:ks

1995 - 1996 LEGISLATURE

1995 Senate BILL 300

August 16, 1995 - Introduced by Senators Darling, Fitzgerald, Weeden, Petak and Huelsman, cosponsored by Representatives Brandemuehl, Seratti, Musser, Silbaugh, Lehman, Ziegelbauer, Foti, Schneiders, F. Lasee, Ladwig, Grothman, Ward, Huebsch and Otte. Referred to Committee on Education and Financial Institutions.

SB300,1,4 An Act to repeal 118.15 (1) (cm); and to amend 38.04 (11) (a) 2., 38.24 (1m) (b), 115.28 (38), 118.15 (1) (a), 118.15 (1) (c) 2., 118.15 (1) (c) 3., 118.163 (2m), 118.33 (3m) and 119.44 (2) (a) 1. a. of the statutes; relating to: the age of compulsory school attendance.

Analysis by the Legislative Reference Bureau

Current law requires any person having under his or her control a child between the ages of 6 and 18 years to ensure that the child attends school regularly. Current law provides certain exceptions to that general rule:

1. With the written approval of the parent or guardian of a child who is at least 16 years old and a child at risk, the child may attend, part time or in lieu of high school, a technical college.

2. With the written approval of the parent or guardian of a child who is 16 years old, the child may be excused by the school board from school attendance if the child will participate in an alternative program that leads to high school graduation.

3. With the written approval of the parent or guardian of a child who is at least 17 years old, the child may be excused by the school board from regular school attendance if the child will participate in an alternative program leading to high school graduation or to a high school equivalency diploma.

4. With the written approval of the parent or guardian of a child who is at least 17 years old, the child must be excused by the school board from regular school attendance if the child began a program leading to a high school equivalency diploma in a secured correctional facility and the child and his or her parent or guardian agree that the child will continue to participate in such a program.

This bill reduces the age of compulsory school attendance from 18 to 17 years of age. The bill modifies the exception described in item 3, above. Under the bill, upon the request of any child who is at least 17 years old, the school board may allow the child to participate in an alternative program. Finally, the bill eliminates the exception described in item 4, above.

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:

SB300, s. 1 Section 1. 38.04 (11) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB300,2,10 38.04 (11) (a) 2. In consultation with the department of public instruction, the board shall establish, by rule, a uniform format for district boards to use in reporting the number of pupils attending district schools under ss. 118.15 (1) (b), (cm) and (d) and 118.37 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in the district's associate degree program and for technical college credit. The format shall be identical to the format established by the department of public instruction under s. 115.28 (38).

SB300, s. 2 Section 2. 38.24 (1m) (b) of the statutes is amended to read:

SB300,2,21 38.24 (1m) (b) Postsecondary and vocational-adult programs. Uniform fees based on not less than 14% of the combined estimated statewide operational cost of postsecondary, exclusive of collegiate transfer, and vocational-adult programs. The board shall maintain statewide uniformity in the program fees charged for postsecondary and vocational-adult credits. Students 62 years old and over shall be exempted from program fees under this paragraph in vocational-adult programs. Students enrolled in adult high school, including students enrolled under s. 118.15 (1) (cm) 3, adult basic education and English as a 2nd language courses shall be exempted from program fees under this paragraph. The board shall establish fees under this paragraph as if students exempt from fees under sub. (4) were not exempt.

SB300, s. 3 Section 3. 115.28 (38) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB300,3,11 115.28 (38) Reporting of pupils attending technical colleges. In consultation with the technical college system board, promulgate rules establishing a uniform format for school boards to use in reporting the number of pupils attending technical college districts under ss. 118.15 (1) (b), (cm) and (d) and 118.37 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in a technical college district's associate degree program and for technical college credit. The format shall be identical to the format established by the technical college system board under s. 38.04 (11) (a) 2.

SB300, s. 4 Section 4. 118.15 (1) (a) of the statutes is amended to read:

SB300,3,19 118.15 (1) (a) Except as provided under pars. (b) to (d) and sub. (4), unless the child is excused under sub. (3) or has graduated from high school, any person having under control a child who is between the ages of 6 and 18 17 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 17 years of age.

SB300, s. 5 Section 5. 118.15 (1) (c) 2. of the statutes is amended to read:

SB300,4,2 118.15 (1) (c) 2. Upon the child's request and with the written approval of the child's parent or guardian, of any child who is 17 years of age or over may be excused by, the school board from regular school attendance if the child and his or her parent or guardian agree, in writing, that the child will may allow the child to participate in a program or curriculum modification under par. (d) leading to the child's high school graduation or leading to a high school equivalency diploma under s. 115.29 (4).

SB300, s. 6 Section 6. 118.15 (1) (c) 3. of the statutes is amended to read:

SB300,4,19 118.15 (1) (c) 3. Prior to a child's admission to a program leading to the child's high school graduation or a high school equivalency program under par. (b) or subd. 1. or 2., the child, his or her parent or guardian, the school board and a representative of the high school equivalency program or program leading to the child's high school graduation shall enter into a written agreement. If the child is 16 years of age, his or her parent or guardian shall also enter into the agreement. The written agreement shall state the services to be provided, the time period needed to complete the high school equivalency program or program leading to the child's high school graduation and how the performance of the pupil will be monitored. The agreement shall be monitored by the school board on a regular basis, but in no case shall the agreement be monitored less frequently than once per semester. If the school board determines that a child is not complying with the agreement, the school board shall notify the child, his or her parent or guardian and the high school equivalency program or program leading to the child's high school graduation that the agreement may be modified or suspended in 30 days. If the child is 16 years of age, the school board shall also notify the child's parent or guardian.

SB300, s. 7 Section 7. 118.15 (1) (cm) of the statutes is repealed.

SB300, s. 8 Section 8. 118.163 (2m) of the statutes is amended to read:

SB300,5,4 118.163 (2m) A county, city, village or town may enact an ordinance permitting a court to suspend the operating privilege, as defined in s. 340.01 (40), of a child who is at least 16 years of age but less than 18 years of age and is a dropout. The ordinance shall provide that the court may suspend the child's operating privilege, as defined in s. 340.01 (40), until the child reaches the age of 18 17. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with a notice stating the reason for and the duration of the suspension.

SB300, s. 9 Section 9. 118.33 (3m) of the statutes is amended to read:

SB300,5,10 118.33 (3m) A course taken at a technical college by a child attending the school part-time or in lieu of high school under s. 118.15 (1) (b), or attending the school under s. 118.15 (1) (cm), does not fulfill any of the high school graduation requirements under sub. (1) (a) unless the state superintendent has approved the course for that purpose.

SB300, s. 10 Section 10. 119.44 (2) (a) 1. a. of the statutes is amended to read:

SB300,5,12 119.44 (2) (a) 1. a. Attending a technical college under s. 118.15 (1) (b) or (cm).

SB300,5,13 (End)