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2021 - 2022 LEGISLATURE
March 1, 2021 - Introduced by Representatives Sortwell, Thiesfeldt, Allen,
Brandtjen, Cabral-Guevara, Edming, Gundrum, Magnafici, Murphy,
Ramthun, Rozar, Tittl, Tusler and Wichgers, cosponsored by Senator Nass.
Referred to Committee on Education.
AB122,1,5 1An Act to amend 27.01 (7) (c) 10., 36.49 (4), 115.28 (7) (e) 1., 115.28 (54m), 115.30
2(3), 115.385 (4), 115.45 (2) (a), 118.133 (1), 118.133 (2), 118.15 (1) (a), 118.153 (1)
3(b), 118.53 (title), 118.53 (2m), (3) and (4), 118.60 (7) (b) 3., 119.23 (7) (b) 3. and
4120.18 (1) (a) 2.; and to create 115.001 (3p), 118.15 (4c) and 118.162 (1) (km)
5of the statutes; relating to: microschools.
Analysis by the Legislative Reference Bureau
Under current law, in general, a person having charge of a child who is 6 to 18
years old must ensure that the child attends school regularly. This requirement is
known as compulsory school attendance, which is satisfied if a child attends a public,
private, or tribal school or participates in a home-based private educational
program, commonly known as homeschooling. This bill creates another educational
option, microschools, that may be used to satisfy the compulsory school attendance
requirement.
Under the bill, a “microschool” is an instruction program provided to a child by
the child's parent, or a person designated by the parent, that is provided to 1) two to
five family units; 2) no more than 20 children; and 3) participating children at a
physical location. Under current law, an instruction program provided to a child by
the child's parent, or a person designated by the child's parent, that is provided to
more than one family unit does not qualify as a home-based private educational
program.
Under current law, for purposes of the compulsory school attendance
requirement, a home-based private educational program must satisfy the same

criteria that an educational institution must satisfy in order to be a private school,
including that the program must provide at least 875 hours of instruction each year;
must provide a curriculum of fundamental instruction in reading, language arts,
mathematics, social studies, science, and health; and may not be operated for the
purpose of avoiding the compulsory school attendance requirement. A microschool
must also satisfy this criteria in order for instruction at the microschool to satisfy the
compulsory school attendance requirement.
Finally, the bill treats microschools in the same manner that home-based
private educational programs are treated under current law. For example, under
current law, a school board must allow a resident pupil who is enrolled in a
home-based private educational program to participate in interscholastic sports and
extracurricular activities in the school district. The bill extends these provisions to
resident pupils who are enrolled in a microschool.
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:
AB122,1 1Section 1. 27.01 (7) (c) 10. of the statutes is amended to read:
AB122,3,22 27.01 (7) (c) 10. Any motor vehicle operated for the purpose of transporting
3pupils to or from curricular or extracurricular activities of a public or private school,
4a tribal school as defined in s. 115.001 (15m), a microschool under s. 118.15 (4c), or
5a home-based private educational program under s. 118.15 (4) or for the purpose of
6transporting students to or from an outdoor academic class given by an accredited
7college or university in this state. The operator of a motor vehicle transporting pupils
8or students under this subdivision shall possess and exhibit for inspection a written
9authorization from an administrator of the school, microschool, home-based private
10educational program, or college or university indicating that admission to the vehicle
11admission area is part of an official school, microschool, home-based private
12educational program, or college or university function and indicating the date for
13which the authorization is applicable. A separate authorization is required for each

1date on which the motor vehicle is admitted to the vehicle admission area under this
2subdivision.
AB122,2 3Section 2. 36.49 (4) of the statutes is amended to read:
AB122,3,134 36.49 (4) Award the balance in annual scholarships called “Wisconsin Merit
5scholarships,” which shall be based only on merit, to students who are enrolled in an
6institution or college campus and who have either graduated from high school in this
7state or been granted a high school diploma by the administrator of a microschool,
8as defined in s. 115.001 (3p), or
home-based private educational program, as defined
9in s. 115.001 (3g), in this state. The board shall determine merit based on a
10performance on standardized college entrance examinations and, if applicable,
11cumulative high school grade point averages. An annual scholarship awarded to a
12student under this subsection shall equal $5,000. This subsection does not apply
13beginning on April 1, 2023.
AB122,3 14Section 3. 115.001 (3p) of the statutes is created to read:
AB122,3,1715 115.001 (3p) Microschool. “Microschool” means a program of educational
16instruction provided to a child by the child's parent or guardian or by a person
17designated by the parent or guardian that is all of the following:
AB122,3,1818 (a) Provided to more than one family unit.
AB122,3,1919 (b) Provided to no more than 5 family units.
AB122,3,2020 (c) Provided to no more than 20 children.
AB122,3,2121 (d) Provided to participating children at a physical location.
AB122,4 22Section 4. 115.28 (7) (e) 1. of the statutes is amended to read:
AB122,4,423 115.28 (7) (e) 1. In this paragraph, “alternative education program" means an
24instructional program, approved by the school board, that utilizes successful
25alternative or adaptive school structures and teaching techniques and that is

1incorporated into existing, traditional classrooms or regularly scheduled curricular
2programs or that is offered in place of regularly scheduled curricular programs.
3“Alternative educational program" does not include a private school, a tribal school,
4a microschool, or a home-based private educational program.
AB122,5 5Section 5. 115.28 (54m) of the statutes is amended to read:
AB122,4,126 115.28 (54m) Notice of educational options. Include on the home page of the
7department's Internet site a link to information about all of the educational options
8available to children in the state who are at least 3 years old but not yet 18 years old,
9including public schools, private schools participating in a parental choice program,
10charter schools, virtual schools, full-time or part-time open enrollment in a
11nonresident school district, the early college credit program, and options for pupils
12enrolled in a microschool or home-based private educational program.
AB122,6 13Section 6. 115.30 (3) of the statutes is amended to read:
AB122,4,2314 115.30 (3) On or before each October 15, each administrator of a public or
15private school system, a microschool, or a home-based private educational program
16shall submit, on forms provided by the department, a statement of the enrollment
17on the 3rd Friday of September in the elementary and high school grades under his
18or her jurisdiction to the department which shall prepare such reports as will enable
19the public and private schools, microschools, and home-based private educational
20programs to make projections regarding school buildings, teacher supply and funds
21required. The administrator of each private school system, microschool, and
22home-based private educational program shall indicate in his or her report whether
23the system, microschool, or program meets all of the criteria under s. 118.165 (1).
AB122,7 24Section 7. 115.385 (4) of the statutes is amended to read:
AB122,5,10
1115.385 (4) Annually, each public school, including a charter school, and each
2private school participating in a parental choice program under s. 118.60 or 119.23
3shall provide a copy of the school's accountability report to the parent or guardian of
4each pupil enrolled in or attending the school. Each school shall simultaneously
5provide to the parent or guardian of each pupil enrolled in the school a list of the
6educational options available to children who reside in the pupil's resident school
7district, including public schools, private schools participating in a parental choice
8program, charter schools, virtual schools, full-time or part-time open enrollment in
9a nonresident school district, the early college credit program, and options for pupils
10enrolled in a microschool or home-based private educational program.
AB122,8 11Section 8. 115.45 (2) (a) of the statutes is amended to read:
AB122,5,2012 115.45 (2) (a) Annually, the department shall notify school boards, operators
13of charter schools under s. 118.40 (2r) and (2x), governing bodies of private schools,
14administrators of microschools, and administrators of home-based private
15educational programs that applications for grants to participate in one or more
16robotics competitions will be accepted from eligible teams through a date set forth
17in the notice. As a condition of receiving a grant under this section, an applicant
18eligible team shall demonstrate to the satisfaction of the department that the
19applicant eligible team will provide matching funds in an amount equal to the
20amount awarded under this section.
AB122,9 21Section 9. 118.133 (1) of the statutes is amended to read:
AB122,6,222 118.133 (1) Interscholastic athletics. (a) A school board shall permit a pupil
23who resides in the school district and is enrolled in a microschool or home-based
24private educational program to participate in interscholastic athletics in the school

1district on the same basis and to the same extent that it permits pupils enrolled in
2the school district to participate.
AB122,6,93 (b) Upon request, the microschool or home-based educational program in
4which the pupil is enrolled shall provide the school board with a written statement
5that the pupil meets the school board's requirements for participation in
6interscholastic athletics based on age and academic and disciplinary records. No
7person may provide a false statement under this paragraph. The school board may
8not question the accuracy or validity of the statement or request additional
9information.
AB122,10 10Section 10. 118.133 (2) of the statutes is amended to read:
AB122,6,1511 118.133 (2) Extracurricular activities. A school board shall permit a pupil
12who resides in the school district and is enrolled in a microschool or home-based
13private educational program to participate in extracurricular activities in the school
14district on the same basis and to the same extent that it permits pupils enrolled in
15the school district to participate.
AB122,11 16Section 11. 118.15 (1) (a) of the statutes is amended to read:
AB122,6,2317 118.15 (1) (a) Except as provided under pars. (b) to (d) and (g) and sub. subs.
18(4) and (4c), unless the child is excused under sub. (3) or has graduated from high
19school, any person having under control a child who is between the ages of 6 and 18
20years shall cause the child to attend school regularly during the full period and
21hours, religious holidays excepted, that the public, private, or tribal school in which
22the child should be enrolled is in session until the end of the school term, quarter or
23semester of the school year in which the child becomes 18 years of age.
AB122,12 24Section 12. 118.15 (4c) of the statutes is created to read:
AB122,7,2
1118.15 (4c) Instruction in a microschool that meets all of the criteria under s.
2118.165 (1) may be substituted for attendance at a public or private school.
AB122,13 3Section 13. 118.153 (1) (b) of the statutes is amended to read:
AB122,7,84 118.153 (1) (b) “Dropout" means a child who ceased to attend school, does not
5attend a public, private, or tribal school, technical college, microschool, or
6home-based private educational program on a full-time basis, has not graduated
7from high school, and does not have an acceptable excuse under s. 118.15 (1) (b) to
8(d) or (3).
AB122,14 9Section 14. 118.162 (1) (km) of the statutes is created to read:
AB122,7,1110 118.162 (1) (km) A parent of a pupil enrolled in a microschool, who resides in
11a school district in the county, designated by the county board.
AB122,15 12Section 15. 118.53 (title) of the statutes is amended to read:
AB122,7,14 13118.53 (title) Attendance by pupils enrolled in a microschool or
14home-based private educational program.
AB122,16 15Section 16. 118.53 (2m), (3) and (4) of the statutes are amended to read:
AB122,7,2116 118.53 (2m) A school board shall allow a pupil enrolled in a microschool or
17home-based private educational program who has not met the minimum standards
18for admission into high school under s. 118.145 (1) to attend up to 2 courses at a public
19school in the district during each school semester if the school board determines that
20the pupil qualifies for admission to those courses and if there is sufficient space in
21the classroom.
AB122,8,2 22(3) A school board shall allow a pupil enrolled in a microschool or home-based
23private educational program, who has met the standards for admission under sub.
24(2), to attend up to 2 courses at a public school in the district during each school

1semester if the school board determines that there is sufficient space in the
2classroom.
AB122,8,5 3(4) A pupil enrolled in a microschool or home-based private educational
4program and attending a public school under this section may attend one course in
5each of 2 school districts, but may not attend more than 2 courses in any semester.
AB122,17 6Section 17. 118.60 (7) (b) 3. of the statutes is amended to read:
AB122,8,147 118.60 (7) (b) 3. Ensure that any teacher's aide employed by the private school
8has graduated from high school, been granted a declaration of equivalency of high
9school graduation, been granted a high school diploma by the administrator of a
10microschool or home-based private educational program, or been issued a general
11educational development certificate of high school equivalency, or has obtained a
12degree or educational credential higher than a high school diploma, declaration of
13equivalency of high school graduation, or general educational development
14certificate of high school equivalency.
AB122,18 15Section 18. 119.23 (7) (b) 3. of the statutes is amended to read:
AB122,8,2316 119.23 (7) (b) 3. Ensure that any teacher's aide employed by the private school
17has graduated from high school, been granted a declaration of equivalency of high
18school graduation, been granted a high school diploma by the administrator of a
19microschool or home-based private educational program, or been issued a general
20educational development certificate of high school equivalency, or has obtained a
21degree or educational credential higher than a high school diploma, declaration of
22equivalency of high school graduation, or general educational development
23certificate of high school equivalency.
AB122,19 24Section 19. 120.18 (1) (a) 2. of the statutes is amended to read:
AB122,9,11
1120.18 (1) (a) 2. Adding the number of persons under this paragraph who were
2residents of the school district and were enrolled in the school district on the 3rd
3Friday of September of the previous school year; plus the number of persons under
4this paragraph who were residents of the school district and who were enrolled in
5private schools, tribal schools, microschools, home-based private educational
6programs, or other school districts on the 3rd Friday of September of the previous
7school year; plus the number or an estimate of the number of those persons under
8this paragraph who were residents of the school district and not enrolled in the school
9district, private schools, tribal schools, microschools, home-based private
10educational programs, or other school districts on the 3rd Friday of September of the
11previous school year.
AB122,20 12Section 20. Nonstatutory provisions.
AB122,9,1613 (1) Microschool form. No later than 90 days after the effective date of this
14subsection, the department of public instruction shall develop and make available
15to the public a microschool enrollment form for a parent or guardian to report
16enrollment under s. 115.30 (3).
AB122,9,1717 (End)
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