Chapter 118

118.55(5)(e)2. 2. Subject to subd. 3., from the appropriation under s. 20.445 (1) (d), the secretary of the department of workforce development shall, on behalf of the school board of a school district in which a pupil who attended an institution of higher education under this section was enrolled, on behalf of the governing board of the charter school under s. 118.40 (2r) or (2x) attended by a pupil who attended an institution of higher education under this section, and on behalf of the governing body of a participating private school and a pupil who attended the private school and who attended an institution of higher education under this section, pay to the department of public instruction the following amount:

118.55(5)(e)2.a. a. For a pupil who took a course for high school credit, as described in par. (a), 25 percent of the actual cost of tuition for the course, as determined under par. (d). The department of public instruction shall reimburse the school board of the school district, governing board of the charter school, or the governing body of the private school the amount received from the department of workforce development under this subd. 2. a.

118.55(5)(e)2.b. b. For a pupil who took a course for postsecondary credit, as described in par. (b), 50 percent of the actual cost of tuition for the course, as determined under par. (d). The department of public instruction shall reimburse the school board of the school district, governing board of the charter school, or the governing body of the private school the amount received from the department of workforce development under this subd. 2. b.

118.55(5)(e)3. 3. If the appropriation under s. 20.445 (1) (d) in any fiscal year is insufficient to reimburse all school districts, governing boards, and governing bodies eligible for the full amount of reimbursable tuition costs under subd. 2., the secretary of the department of workforce development shall notify the state superintendent, who shall prorate the amount of the payments under subd. 2. among eligible school districts, governing boards, and governing bodies.

118.55(6) (6) Responsibility of pupil for tuition and fees; institution of higher education.

118.55(6)(a) (a) Subject to sub. (7t), a pupil taking a course at an institution of higher education for high school credit under this section is not responsible for any portion of the tuition and fees for the course if the school board, the governing board of a charter school under s. 118.40 (2r) or (2x), the state superintendent on appeal under sub. (3) (b), the governing body of the participating private school, or the governing body on appeal under sub. (3) (b) has determined that the course is not comparable to a course offered in the school district, at the charter school, or at the participating private school, whichever is applicable.

118.55(6)(b) (b) A pupil taking a course at an institution of higher education for high school credit under this section is responsible for the tuition and fees for the course if the school board, the governing board of a charter school under s. 118.40 (2r) or (2x), or the governing body of the participating private school has determined that the course is comparable to a course offered in the school district, at the charter school, or at the participating private school, unless the state superintendent or the governing body reverses the decision of the school board, governing board, or governing body, respectively, on appeal under sub. (3) (b).

118.55(6)(c) (c)

118.55(6)(c)1. 1. Except as provided in subd. 2., a pupil taking a course under this section at an institution of higher education only for postsecondary credit is responsible for 25 percent of the actual cost of tuition for the course, as determined under sub. (5) (d). The school board of the school district in which the pupil attending an institution under this section is enrolled, the governing board of the charter school under s. 118.40 (2r) or (2x) attended by a pupil attending an institution of higher education under this section, and the governing body of a participating private school attended by a pupil attending an institution of higher education under this section shall establish a written policy governing the timing and method for recovering from the pupil or the pupil’s parent or guardian the pupil’s share of tuition as specified in this subdivision.

118.55(6)(c)2. 2. The school board, governing board of the charter school under s. 118.40 (2r) or (2x), or the governing body of the participating private school shall waive the pupil’s responsibility for costs under subd. 1. if the department determines that the cost of the course would pose an undue financial burden on the pupil’s family.

118.55(7g) (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school or participating private school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil’s parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The state superintendent shall give preference under this subsection to those pupils who satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

118.55(7t) (7t) Limitations on participation and payment.

118.55(7t)(a) (a) A school board, governing board of a charter school under s. 118.40 (2r) or (2x), or governing body of a participating private school may establish a written policy limiting the number of credits for which the school board, governing board, or governing body will pay under sub. (5) and s. 38.12 (14) (d) to the equivalent of 18 postsecondary semester credits per pupil.

118.55(7t)(c) (c) If a pupil receives a failing grade in a course, or fails to complete a course, at an institution of higher education or technical college for which the school board, governing board of a charter school under s. 118.40 (2r) or (2x), or governing body of a participating private school has made payment, the pupil’s parent or guardian, or the pupil if he or she is an adult, shall reimburse the school board, governing board, or governing body the amount paid on the pupil’s behalf upon the request of the school board, governing board, or governing body. If a school board, governing board, or governing body that requests reimbursement of a payment made under this section is not reimbursed as requested, the pupil on whose behalf the payment was made is ineligible for any further participation in the program under this section. For the purposes of this paragraph, a grade that constitutes a failing grade for a course offered in the school district, at the charter school under s. 118.40 (2r) or (2x), or at the participating private school constitutes a failing grade for a course taken at an institution of higher education or technical college under this section.

118.55(8) (8) Program information; agreement.

118.55(8)(a) (a) Annually by October 1, each school board shall provide information about the program under this section to all pupils enrolled in the school district in the 8th, 9th, 10th, and 11th grades.

118.55(8)(b) (b) A school board, governing board of a charter school under s. 118.40 (2r) or (2x), or the governing body of a participating private school may enter into an agreement with an institution of higher education to facilitate the early college credit program under this section.

118.55(9) (9) Rules. The state superintendent shall promulgate rules to implement and administer this section, including rules establishing criteria for determining reimbursement amounts under sub. (7g).

118.55(10) (10) Inapplicability.

118.55(10)(a) (a) In this subsection:

118.55(10)(a)1. 1. “Private, nonprofit institution” means a private, nonprofit postsecondary institution that is a member of the Wisconsin Association of Independent Colleges and Universities or any successor organization.

118.55(10)(a)2. 2. “University of Wisconsin System institution” means a 4-year institution in the University of Wisconsin System.

118.55(10)(b) (b) This section does not apply to a course for which a public high school pupil may earn postsecondary credit if all of the following apply:

118.55(10)(b)1. 1. The school board of the school district and one of the following have entered into an agreement before, on, or after July 1, 2018, to provide a college credit in high school program to academically qualified pupils under which participating pupils may take the course for postsecondary credit:

118.55(10)(b)1.a. a. The chancellor of a University of Wisconsin System institution.

118.55(10)(b)1.b. b. The president of a private, nonprofit institution.

118.55(10)(b)2. 2. The instruction of pupils in the course takes place in a school building in the school district or a school district facility.

118.55(10)(b)3. 3. The individual who provides instruction in the course is any of the following:

118.55(10)(b)3.a. a. For a course taught pursuant to an agreement under subd. 1. a., a high school teacher who is employed by the school district and certified or approved to provide the instruction by the participating University of Wisconsin System institution or a faculty member of the participating University of Wisconsin System institution.

118.55(10)(b)3.b. b. For a course taught pursuant to an agreement under subd. 1. b., a high school teacher who is employed by the school district and certified or approved to provide the instruction by the participating private, nonprofit institution or a faculty member of the participating private, nonprofit institution.

118.55(10)(c) (c) This section does not apply to a course for which a high school pupil attending a private school may earn postsecondary credit if all of the following apply:

118.55(10)(c)1. 1. The governing body of the private school and one of the following have entered into an agreement before, on, or after July 1, 2018, to provide a college credit in high school program to academically qualified pupils under which participating pupils may take the course for postsecondary credit:

118.55(10)(c)1.a. a. The chancellor of a University of Wisconsin System institution.

118.55(10)(c)1.b. b. The president of a private, nonprofit institution.

118.55(10)(c)2. 2. The instruction of pupils in the course takes place in the private school building.

118.55(10)(c)3. 3. The individual who provides instruction in the course is any of the following:

118.55(10)(c)3.a. a. For a course taught pursuant to an agreement under subd. 1. a., a high school teacher who is employed by the governing body of the private school and certified or approved to provide the instruction by the participating University of Wisconsin System institution or a faculty member of the participating University of Wisconsin System institution.

118.55(10)(c)3.b. b. For a course taught pursuant to an agreement under subd. 1. b., a high school teacher who is employed by the governing body of the private school and certified or approved to provide the instruction by the participating private, nonprofit institution or a faculty member of the participating private, nonprofit institution.

118.55(10)(d) (d) This section does not apply to a course for which a high school pupil attending a charter school under s. 118.40 (2r) or (2x) may earn postsecondary credit if all of the following apply:

118.55(10)(d)1. 1. The governing board of the charter school and one of the following have entered into an agreement before, on, or after April 2, 2022, to provide a college credit in high school program to academically qualified pupils under which participating pupils may take the course for postsecondary credit:

118.55(10)(d)1.a. a. The chancellor of a University of Wisconsin System institution.

118.55(10)(d)1.b. b. The president of a private, nonprofit institution.

118.55(10)(d)2. 2. The instruction of pupils in the course takes place in the charter school building.

118.55(10)(d)3. 3. The individual who provides instruction in the course is any of the following:

118.55(10)(d)3.a. a. For a course taught pursuant to an agreement under subd. 1. a., a high school teacher who is employed by the governing board of the charter school and certified or approved to provide the instruction by the participating University of Wisconsin System institution or a faculty member of the participating University of Wisconsin System institution.

118.55(10)(d)3.b. b. For a course taught pursuant to an agreement under subd. 1. b., a high school teacher who is employed by the governing board of the charter school and certified or approved to provide the instruction by the participating private, nonprofit institution or a faculty member of the participating private, nonprofit institution.

118.55 History History: 1991 a. 39, 269, 315; 1993 a. 399; 1995 a. 27 ss. 3979m, 9145 (1); 1997 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; 2021 a. 217; s. 35.17 correction in (5) (b).

118.55 Cross-reference Cross-reference: See also chs. PI 38 and 40, Wis. adm. code.

118.56 118.56 Work based learning programs. A school board, a governing board of a charter school established under s. 118.40 (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 school board or governing body that creates a work based learning program under this section shall create the program to do all of the following:

118.56(1) (1) Require a pupil in the program to work at least 280 hours per school year for an employer that complies with sub. (3). Hours of instruction may not be used to satisfy the work requirements under this subsection. Hours that fulfill the work requirements under this subsection shall be counted as hours of direct pupil instruction, as provided under ss. 118.60 (2) (a) 8. and 119.23 (2) (a) 8.

118.56(2) (2) Require a pupil to complete the required work hours by working no fewer than 40 and no more than 50 days per 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.

118.56(3) (3) Require that an employer who participates in the program do all of the following:

118.56(3)(a) (a) Comply with state laws relating to the employment of minors and any applicable federal labor law requirements for age and immigration status.

118.56(3)(b) (b) Provide each pupil with occupational training and work based learning experiences.

118.56(3)(c) (c) Provide each pupil with at least 30 hours of training while employing the pupil.

118.56(3)(d) (d) Provide each pupil with a mentor who supervises the pupil’s work and provides the pupil with a year-end evaluation.

118.56(3)(e) (e) Provide a year-end evaluation to the pupil.

118.56(4) (4) Provide transportation to and from the workplace at no cost to the pupil or the pupil’s family.

118.56(5) (5) In determining eligibility for the program, allow the school board or governing body to require a pupil to demonstrate employability through an interview process, teacher recommendations, or previous work, internship, or volunteer experience.

118.56(6) (6) Require that a pupil who wishes to participate in the program enter into a signed agreement with the participating school and the pupil’s parent or guardian.

118.56 History History: 2013 a. 20; 2015 a. 55; 2017 a. 11, 36.

118.57 118.57 Notice of educational options; accountability report performance category; pupil assessments.

118.57(1) (1) Annually, by January 31, each school board shall publish as a class 1 notice, under ch. 985, and post on its Internet site a description of the educational options available to children in the school district, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-time open enrollment in a nonresident school district, the youth apprenticeship program under s. 106.13, and the early college credit program. A school board that does not operate high school grades is not required to include an educational option offered only to high school pupils in a description of educational options under this subsection.

118.57(2) (2) The school board shall include in the notice under sub. (1) the most recent performance category assigned under s. 115.385 (1) (b) to each school within the school district boundaries, including charter schools established under s. 118.40 (2r) or (2x) and private schools participating in a parental choice program under s. 118.60 or 119.23. The notice published by the school board shall inform parents that the full school and school district accountability report is available on the school board’s Internet site.

118.57 History History: 2015 a. 55; 2017 a. 59, 143; 2021 a. 83.

118.58 118.58 Class rankings.

118.58(1) (1) In this section, “virtual private school” means a private school in which all or a portion of the instruction is provided through means of the Internet, and the pupils enrolled in and instructional staff employed by the school are geographically remote from each other.

118.58(2) (2) If a school board, operator of a charter school, or governing body of a private school or tribal school operates a high school that includes grades 11 and 12, the school board, charter school operator, or governing body shall, for each high school that includes grades 11 and 12, prepare a class ranking of pupils enrolled in the high school as of the class’s completion of grade 11 if there are at least 15 pupils in the class. Pupils shall be ranked on the basis of academic achievement and the sole criterion for ranking pupils shall be the pupil’s grade point average.

118.58(3) (3) 

118.58(3)(a) (a) Subject to par. (b), each class ranking under sub. (2) shall identify those pupils who rank in the top 5 percent of their high school class and those pupils who rank in the top 10 percent of their high school class. The class ranking may also identify the class rank of pupils who do not rank in the top 10 percent of their high school class.

118.58(3)(b) (b) If a high school’s class enrollment is at least 15 but less than 20 pupils, the school board, operator of the charter school, or governing body of the private school or tribal school shall identify the highest ranked and 2nd highest ranked pupils in the class using the ranking method under sub. (2). For purposes of par. (a) and sub. (4) and s. 36.11 (3m), the highest ranked pupil shall be considered to be in the top 5 percent of the pupil’s high school class and the 2nd highest ranked pupil shall be considered to be in the top 10 percent of the pupil’s high school class.

118.58(4) (4) After completing the class ranking required under sub. (2), a school board, operator of a charter school, or governing body of a private school or tribal school shall do all of the following:

118.58(4)(a) (a) Notify each pupil ranked in the top 10 percent of the pupil’s high school class that the pupil is ranked, as applicable, in the top 5 percent or in the top 10 percent of the pupil’s high school class.

118.58(4)(b) (b) For each pupil notified under par. (a), include that the pupil is ranked, as applicable, in the top 5 percent or in the top 10 percent of the pupil’s high school class on the pupil’s high school transcript as of the pupil’s completion of grade 11.

118.58(5) (5) This section does not apply to a virtual private school.

118.58 History History: 2023 a. 95.

118.60 118.60 Parental choice program for eligible school districts and other school districts.

118.60(1) (1) In this section:

118.60(1)(ab) (ab) “Accrediting entity” means Cognia, Inc., Wisconsin Religious and Independent Schools Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, Wisconsin Association of Christian Schools, Christian Schools International, Association of Christian Schools International, the diocese or archdiocese within which a private school is located, and any other organization recognized by the National Council for Private School Accreditation.

118.60(1)(ad) (ad) “Administrator” means the superintendent, supervising principal, executive director, or other person who acts as the administrative head of a private school participating in the program under this section.

118.60(1)(af) (af) “Disqualified organization” means an accrediting organization that is not an accrediting entity or a member of or otherwise sanctioned by an accrediting entity.

118.60(1)(ag) (ag) “Disqualified person” means a person who, when a private school was barred or terminated from participation in the program under this section by an order issued under sub. (10), satisfied at least one of the following:

118.60(1)(ag)1. 1. Had a controlling ownership interest in, or was the administrator or an officer, director, or trustee of, the private school.

118.60(1)(ag)2. 2. Was a person designated by the administrator of the private school to assist in processing pupil applications.

118.60(1)(ag)3. 3. Was responsible for an action or circumstance that led to the private school being barred or terminated from participation in the program under this section.

118.60(1)(am) (am) “Eligible school district” means the school district that was identified as an eligible school district under 2011 Wisconsin Act 32, section 9137 (3u).

118.60(1)(bn) (bn)

118.60(1)(bn)1. 1. Except as provided in subd. 2., “new private school” means a school that qualifies as a private school under s. 115.001 (3r) and that satisfies either of the following:

118.60(1)(bn)1.a. a. The school has been in continuous operation in this state for less than 12 consecutive months.