Effective date note
NOTE: Sub (3) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(3) This section does not apply beginning on the effective date of a resolution adopted under s. 115.86 (9) (c), except that in the school year beginning July 1 of the year prior to the effective date of the resolution, the state superintendent shall certify to the department of administration from the appropriation under s. 20.255 (2) (bh) in favor of the county handicapped children's education board an amount equal to one-half the amount specified under sub. (2) for each pupil enrolled.
121.14
121.14
State aid for summer classes. 121.14(1)
(1) State aid shall be paid to each district or county handicapped children's education board only for those academic summer classes or laboratory periods for which the department has given prior review and approval as to the content of such classes or laboratory periods so as to assure that such classes and laboratory periods are only for necessary academic purposes. Recreational programs and team sports shall not be eligible for aid under this section, and pupils participating in such programs shall not be counted as pupils enrolled under
s. 121.004 (5) nor shall costs associated with such programs be included in shared costs under
s. 121.07 (6).
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) State aid shall be paid to each district or county handicapped children's education board only for those academic summer classes or laboratory periods for which the state superintendent has given prior review and approval as to the content of such classes or laboratory periods so as to assure that such classes and laboratory periods are only for necessary academic purposes. Recreational programs and team sports shall not be eligible for aid under this section, and pupils participating in such programs shall not be counted as pupils enrolled under s. 121.004 (5) nor shall costs associated with such programs be included in shared costs under s. 121.07 (6).
121.14(2)(a)(a) State aid for summer classes shall be incorporated into the state aid paid for regular classes under this subchapter.
121.14(2)(b)
(b) Annually on or before October 1, the school district clerk or chairperson of the county handicapped children's education board shall file with the department a report stating the summer average daily membership equivalent.
121.14(3)
(3) References to county handicapped children's education boards under
subs. (1) and
(2) (b) do not apply beginning on the effective date of a resolution adopted under
s. 115.86 (9) (c).
121.15
121.15
Payment of state aid. 121.15(1)
(1) State aid under
s. 121.08 shall be paid to school districts according to the following distribution schedule:
121.15(1)(a)
(a) Each school district shall receive 15% of its total aid entitlement in September, 25% of its total aid entitlement in December, 25% of its total aid entitlement in March and 35% of its total aid entitlement in June.
121.15(1)(b)
(b) For the September payment, the total aid entitlement for each district shall be estimated based upon the total aid payment in the previous year.
121.15(1)(c)
(c) For the payments from December to June, the total aid entitlement for each district shall be computed on the basis of the budget and membership report under
s. 121.05.
121.15(1)(e)
(e) Payments under this subsection shall be made on the first Monday of the month for the December payment, on the 3rd Monday of the month for the September and June payments and on the 4th Monday of the month for the March payment.
121.15(2)(a)(a) No state aid payments may be made to any district until the annual report under
s. 120.18 has been filed with the department.
121.15(2)(b)
(b) No state aid payments may be made to any district in the months of November to June until the budget and membership report under
s. 121.05 is filed with the department.
121.15(2)(c)
(c) If the department notifies a school district that a state aid payment may be withheld under
par. (a) or
(b), the department shall notify each member of the school board or the school district clerk. If the department notifies the school district clerk, the school district clerk shall promptly distribute a copy of the notice to each member of the school board.
Effective date note
NOTE: Par. (c) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(c) If the state superintendent notifies a school district that a state aid payment may be withheld under par. (a) or (b), he or she shall notify each member of the school board or the school district clerk. If the state superintendent notifies the school district clerk, the school district clerk shall promptly distribute a copy of the notice to each member of the school board.
121.15(3m)(a)1.
1. "Partial school revenues" means the sum of state school aids and property taxes levied for school districts.
121.15(3m)(b)
(b) By June 15, 1996, and annually by June 15 thereafter, the department, the department of administration and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under
s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under
s. 79.10 (4) equals 66.7% of partial school revenues.
121.15(3m)(c)
(c) By June 30, 1996, and annually by June 30 thereafter, the joint committee on finance shall determine the amount appropriated under
s. 20.255 (2) (ac) in the following school year.
121.15(4)
(4) On July 1 and October 15, using the most accurate data available, the department shall provide the department of revenue and each school district with an estimate of the total amount of state aid, as defined in
s. 121.90 (2), the school district will receive in the current school year. On October 15, using the most accurate data available, the department shall calculate the total amount of state aid, as defined in
s. 121.90 (2), that each school district will receive in the current school year. Any adjustments to that calculation shall be made by increasing or decreasing the payment made in September of the following school year.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(4) On July 1 and October 15, using the most accurate data available, the state superintendent shall provide the department of revenue and each school district with an estimate of the total amount of state aid, as defined in s. 121.90 (2), the school district will receive in the current school year. On October 15, using the most accurate data available, the state superintendent shall calculate the total amount of state aid, as defined in s. 121.90 (2), that each school district will receive in the current school year. Any adjustments to that calculation shall be made by increasing or decreasing the payment made in September of the following school year.
121.17
121.17
Use of federal revenue sharing funds. It is the intent of the legislature that school districts receiving federal revenue sharing funds through the state under this subchapter shall utilize these funds in compliance with the federal revenue sharing requirements as defined in the state and local fiscal assistance act of 1972 (
P.L. 92-512), as amended by
P.L. 94-488. The department shall assure compliance with this section.
Effective date note
NOTE: This section is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
121.17 Use of federal revenue sharing funds. It is the intent of the legislature that school districts receiving federal revenue sharing funds through the state under this subchapter shall utilize these funds in compliance with the federal revenue sharing requirements as defined in the state and local fiscal assistance act of 1972 (P.L. 92-512), as amended by P.L. 94-488. The department of public instruction shall assure compliance with this section.
121.17 History
History: 1973 c. 90;
1977 c. 29 s.
1101; Stats. 1977 s. 121.17;
1995 a. 27.
121.23
121.23
Payment of aids in school district labor disputes. 121.23(1)(1) In the event that the department finds that school is not held, or educational standards are not maintained in accordance with
s. 121.02 (1) (f) as the result of a strike by school district employes, make-up days are authorized to be scheduled but no make-up days are required.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) In the event that the state superintendent finds that school is not held, or educational standards are not maintained in accordance with s. 121.02 (1) (f) as the result of a strike by school district employes, make-up days are authorized to be scheduled but no make-up days are required.
121.23(2)
(2) If a school district holds less than 180 days of school as the result of a strike by school district employes, for the purposes of computing general aid, the department shall compute the school district's primary and secondary ceiling costs per member in accordance with the procedure specified in
pars. (a) to
(e). In making the calculation, the department shall:
121.23 Note
NOTE: Sub. (2) (intro.) is shown as amended by
1995 Wis. Act 27. The treatment by Act 27, s. 9145 (1), was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Par. (m) as not affected by Act 27 s. 9145 (1) reads as follows:
Effective date text
(2) If a school district holds less than 180 days of school as the result of a strike by school district employes, for the purposes of computing general aid, the state superintendent shall compute the school district's primary and secondary ceiling costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the state superintendent shall:
121.23(2)(a)
(a) Determine the amount of shared cost not incurred by the school district because of the strike.
121.23(2)(b)
(b) Determine the amount of shared cost that the school district would have incurred had the strike not occurred.
121.23(2)(c)
(c) Divide the amount determined under
par. (a) by the amount determined under
par. (b).
DRIVER EDUCATION AID AND FEES
121.41
121.41
Driver education programs. 121.41(1)
(1)
State aid. To promote a uniformly effective driver education program among high school and technical college pupils, each school district operating high school grades, each county handicapped children's education board which provides the substantial equivalent of a high school education and each technical college district shall receive $100 for each pupil of high school age who completes a course in driver education approved by the department under
s. 115.28 (11), but in no case may the state aid exceed the actual cost of instruction. If the appropriation under
s. 20.255 (2) (r) is inadequate in any year to provide $100 per pupil, the state aid shall be prorated after the appropriation for administration is deducted. Such state aid shall be paid at the same time as the state aid under
s. 121.08 is paid.
121.41(2)
(2) Fees. A school board may establish and collect reasonable fees for any driver education program or part of a program which is neither required for nor credited toward graduation. The school board may waive any fee established under this subsection for any indigent pupil.
TRANSPORTATION AID
121.51
121.51
Definitions. In this subchapter:
121.51(1)
(1) "Attendance area" is the geographic area designated by the governing body of a private school as the area from which its pupils attend and approved by the school board of the district in which the private school is located. If the private school and the school board cannot agree on the attendance area, the department shall, upon the request of the private school and the board, make a final determination of the attendance area. The attendance areas of private schools affiliated with the same religious denomination shall not overlap unless one school limits its enrollment to pupils of the same sex and the other school limits its enrollment to pupils of the opposite sex or admits pupils of both sexes.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) "Attendance area" is the geographic area designated by the governing body of a private school as the area from which its pupils attend and approved by the school board of the district in which the private school is located. If the private school and the school board cannot agree on the attendance area, the state superintendent shall, upon the request of the private school and the board, make a final determination of the attendance area. The attendance areas of private schools affiliated with the same religious denomination shall not overlap unless one school limits its enrollment to pupils of the same sex and the other school limits its enrollment to pupils of the opposite sex or admits pupils of both sexes.
121.51(3)
(3) "School board" has the meaning designated in
s. 115.001 (7) and includes any governmental agency transporting children to and from public schools.
121.51 Annotation
"The attendance areas of private schools affiliated with the same religious denomination shall not overlap," is not construed as mere surplusage, for although it adds no special restrictive ban on overlapping in that such restriction is inherent in the whole concept of "attendance areas," it makes the phrase "affiliated with the same religious denomination" the test of affiliation in a single school system rather than operation by a single agency or set of trustees or religious order within a particular religious denomination. State ex rel. Vanko v. Kahl, 52 W (2d) 206, 188 NW (2d) 460.
121.51 Annotation
See note to art. I, sec. 18, citing Holy Trinity Community School v. Kahl, 82 W (2d) 139, 262 NW (2d) 210.
121.51 Annotation
First amendment-based attacks on Wisconsin "attendance area" statutes. 1980 WLR 409.
121.52
121.52
Vehicle, operator and driver requirements. 121.52(1)(a)(a) Rules governing the design, construction, inspection and operation of school buses adopted by the secretary of transportation under
s. 110.06 (2) shall by reference be made part of any contract for the transportation of pupils.
121.52(1)(b)
(b) The school board may adopt additional rules, not inconsistent with law or with rules of the secretary of transportation or the department, for the protection of the pupils or to govern the conduct of the person in charge of the motor vehicle used for transportation of pupils for compensation.
Effective date note
NOTE: Par. (b) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(b) The school board may adopt additional rules, not inconsistent with law or with rules of the secretary of transportation or the state superintendent, for the protection of the pupils or to govern the conduct of the person in charge of the motor vehicle used for transportation of pupils for compensation.
121.52(2)(a)(a) All drivers of motor vehicles owned by the school district and used for the transportation of pupils shall be under written contract with the school board of the district.
121.52(2)(b)
(b) The owner or lessee of all privately owned motor vehicles transporting pupils for compensation shall be under written contract with the school board of the district for which such transportation is provided.
121.52(2)(c)
(c) The form of contract shall be prescribed by the department and shall provide that all parties to the contract are subject at all times to rules adopted by the secretary of transportation under
s. 110.06 (2) and by the department.
121.52(3)(a)(a) If the contract is made under
sub. (2) (b), the contract shall provide that the owner or lessee require his or her bus drivers, as a condition of employment, to take a physical examination, including a chest X-ray or tuberculin test, and to submit the physical examination report to the school board. If the reaction to the tuberculin test is positive, a chest X-ray shall be required. Freedom from tuberculosis in a communicable form is a condition of employment as a bus driver. Additional physical examinations shall be required thereafter at intervals determined by the school board.
121.52(3)(b)
(b) The contract shall provide that a physical examination report may be submitted on forms prescribed by the federal authority regulating motor carriers or the department and that a copy of a physical examination report obtained for other purposes within one year of the date of the contract may be substituted for the examination, if the report contains substantially the same information required by the department.
121.52(3)(c)
(c) Such physical examinations, chest X-rays or tuberculin tests shall not be required of a bus driver who files with the school board an affidavit setting forth that the bus driver depends exclusively upon prayer or spiritual means for healing in accordance with the teachings of a bona fide religious sect, denomination or organization and that the bus driver is to the best of the bus driver's knowledge and belief in good health and that the bus driver claims exemption from health examination on these grounds. Notwithstanding the filing of such affidavit, if there is reasonable cause to believe that the bus driver is suffering from an illness detrimental to the health of the pupils, the school board may require a health examination of the bus driver sufficient to indicate whether or not the bus driver is suffering from such an illness. No bus driver may be discriminated against by reason of filing such affidavit.
121.52(4)
(4) The use of any motor vehicle to transport pupils shall be discontinued upon receipt of an order signed by the secretary or the secretary of transportation ordering such discontinuance. Personnel under the secretary or the secretary of transportation may ride any school bus at any time for the purpose of inspection.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(4) The use of any motor vehicle to transport pupils shall be discontinued upon receipt of an order signed by the state superintendent or the secretary of transportation ordering such discontinuance. Personnel under the state superintendent or the secretary of transportation may ride any school bus at any time for the purpose of inspection.
121.53
121.53
School bus insurance. 121.53(1)
(1) No motor vehicle may be used as a school bus unless a policy of bodily injury and property damage liability insurance, issued by an insurer authorized to transact business in this state, is maintained thereon. The policy shall provide property damage liability coverage with a limit of not less than $10,000. The policy also shall provide bodily injury liability coverage with limits of not less than $75,000 for each person and, subject to such limit for each person, total limits as follows:
