LRB-1105/1
MJL:jlg:hmh
1999 - 2000 LEGISLATURE
February 16, 1999 - Introduced by Representatives J. Lehman, Urban, F. Lasee,
Albers, Bock, Seratti, Meyerhofer
and Grothman, cosponsored by Senator
Fitzgerald. Referred to Committee on Education Reform.
AB129,1,4 1An Act to renumber and amend 120.12 (23); to amend 121.54 (7) (a) (intro.)
2and 121.54 (7) (a) 2.; and to create 120.12 (23) (b) of the statutes; relating to:
3requiring school boards to permit home-based private educational program
4pupils to participate in extracurricular activities.
Analysis by the Legislative Reference Bureau
This bill requires a school board to permit a pupil enrolled in a home-based
private educational program to participate fully in any extracurricular or
recreational school program or activity if the pupil is enrolled in the home-based
private educational program at the beginning of the school term, the pupil resides
in the attendance area served by the school sponsoring the extracurricular or
recreational school program or activity, and the school board determines that there
is sufficient space in the program or activity.
Current law permits a school board to transport pupils of public and private
schools and their parents or guardians to extracurricular activities and permits the
school board to charge the persons transported or the private school, if appropriate,
for the cost of providing the transportation. This bill permits a school board to
transport pupils enrolled in a home-based private educational program and their
parents or guardians to an extracurricular activity and permits the school board to
charge the persons transported for the cost of providing the transportation.

For further information see the 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:
AB129, s. 1 1Section 1. 120.12 (23) of the statutes is renumbered 120.12 (23) (a) and
2amended to read:
AB129,2,63 120.12 (23) (a) Annually, adopt a policy on access to extracurricular and
4recreational school programs and activities that encourages full participation by all
5elementary grade pupils in these programs and activities. This subsection
6paragraph does not apply to the school board of a union high school district.
AB129, s. 2 7Section 2. 120.12 (23) (b) of the statutes is created to read:
AB129,2,108 120.12 (23) (b) Permit a pupil enrolled in a home-based private educational
9program to participate fully in any extracurricular or recreational school program
10or activity if all of the following are true:
AB129,2,1211 1. The pupil is enrolled in the home-based private educational program at the
12beginning of the school term.
AB129,2,1513 2. The pupil resides in the attendance area, as defined in s. 121.845 (1), served
14by the school sponsoring the extracurricular or recreational school program or
15activity.
AB129,2,1716 3. The school board determines that there is sufficient space in the
17extracurricular or recreational school program or activity.
AB129, s. 3 18Section 3. 121.54 (7) (a) (intro.) of the statutes is amended to read:
AB129,3,419 121.54 (7) (a) (intro.) A school board may provide transportation for pupils
20attending public or private schools or enrolled in home-based private educational
21programs
, their parents or guardians, authorized chaperones, school officers, faculty

1and employes and school doctors, dentists and nurses in connection with any
2extracurricular activity of the public or private school, such as a school athletic
3contest, school game, after school practice, late activity, school outing or school field
4trip or any other similar trip when:
AB129, s. 4 5Section 4. 121.54 (7) (a) 2. of the statutes is amended to read:
AB129,3,96 121.54 (7) (a) 2. A school operated by the school district or the private school
7has an actual interest in the safety and welfare of the children transported to the
8activity;. This subdivision does not apply to the transportation of pupils enrolled in
9a home-based private educational program.
AB129, s. 5 10Section 5. Initial applicability.
AB129,3,1311 (1) This act first applies to the participation of pupils in extracurricular or
12recreational school programs and to the transportation of those pupils in the school
13year beginning after the effective date of this subsection.
AB129,3,1414 (End)
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