121.53(1)(b)
(b) $200,000 for each accident for each such motor vehicle having a seating capacity of 8 to 15 passengers.
121.53(1)(c)
(c) $250,000 for each accident for each such motor vehicle having a seating capacity of 16 to 24 passengers.
121.53(1)(d)
(d) $375,000 for each accident for each such motor vehicle having a seating capacity of 25 to 36 passengers.
121.53(1)(e)
(e) $1,000,000 for each accident for each such motor vehicle having a seating capacity of 37 or more passengers.
121.53(2)
(2) The policy under this section shall cover the transportation of pupils, their parents or guardians, authorized chaperones, school district officers, faculty and employes and school doctors, dentists and nurses:
121.53(2)(a)
(a) To and from the school or school district which operates the school bus or contracts for its operation.
121.53(2)(b)
(b) In connection with any extracurricular school activity authorized by and made in compliance with
s. 121.54 (7).
121.53(3)
(3) An insurer issuing a policy under this section may exclude coverage for public or livery use of the school bus, but any such exclusion does not apply:
121.53(3)(a)
(a) When the school bus, while regularly used as such, also is used to transport pupils of another public or private school, whether or not a charge is made for such transportation.
121.53(3)(b)
(b) When used in accordance with
sub. (2), whether or not any person lawfully transported is required to pay a charge therefor.
121.53(3)(c)
(c) When the school bus is used as specified in
s. 340.01 (56) (am) for the purpose of transporting elderly or disabled persons in connection with a transportation assistance program for such persons.
121.53(4)
(4) Every school board shall require that there be filed with it and with the department of transportation a certificate of insurance showing that an insurance policy has been procured and is in effect which covers the owner and operator of the school bus and the school board or shall procure an insurance policy and file such certificate with the department of transportation. Unless such certificate is on file with the department of transportation, no registration plates for a school bus may be issued by the department of transportation. No such policy may be terminated prior to its expiration or canceled for any reason, unless a notice thereof is filed with the department of transportation and with the school board by the insurer at least 10 days prior to the date of termination or cancellation. The department of transportation shall revoke the registration of a school bus on which the policy has been terminated or canceled, effective on the date of termination or cancellation.
121.53(5)(a)
(a) A motor vehicle owned or operated by a parent or guardian transporting only the parent's or guardian's own children, whether or not any contract is made with or compensation paid to the parent or guardian for such transportation by a school board.
121.53(5)(b)
(b) A motor vehicle operated by a common carrier certificated under
ch. 194, where such motor vehicle is used under contract pursuant to this subchapter, if the common carrier has complied with
s. 194.41 or
194.42.
121.53(5)(c)
(c) A taxicab regulated by a municipal ordinance under
s. 349.24 when used to transport pupils.
121.53(6)
(6) Within 10 days after its occurrence, every accident involving a motor vehicle while providing transportation under this subchapter shall be reported to the appropriate school board and promptly by the school board to the department on forms provided by the department.
Effective date note
NOTE: Sub. (6) 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
(6) Within 10 days after its occurrence, every accident involving a motor vehicle while providing transportation under this subchapter shall be reported to the appropriate school board and promptly by the school board to the state superintendent on forms provided by the state superintendent.
121.54
121.54
Transportation by school districts. 121.54(1)(a)(a) Subsections (2) and
(6) and
s. 121.57 do not apply to pupils who reside in a school district that contains all or part of a city unless the school they attend is located outside the city but within the boundaries of the school district.
121.54(1)(b)
(b) If a school district elects under
sub. (2) (c) to provide transportation for the pupils under
par. (a), state aid shall be paid in accordance with
s. 121.58, and there shall be reasonable uniformity in the transportation furnished to the pupils, whether they attend public or private schools.
121.54(1)(c)
(c) Paragraph (a) does not apply to pupils who reside in a school district that contains all or part of a 1st, 2nd or 3rd class city with a population exceeding 40,000 unless transportation for the pupils is available through a common carrier of passengers operating under
s. 85.20 or
ch. 194.
121.54(2)(a)(a) Except as provided in
sub. (1), every school board shall provide transportation to and from public school for all pupils who reside in the school district 2 miles or more from the nearest public school they are entitled to attend.
121.54(2)(am)
(am) In lieu of transporting a pupil who is eligible for transportation under
par. (a) to and from his or her residence, a school district may transport the pupil to or from, or both, a before- and after-school day care program under
s. 120.125, a day care program under
s. 120.13 (14) or any other day care program, family day care home or child care provider.
121.54(2)(b)1.1. Except as provided in
sub. (1) or otherwise provided in this subsection, the school board of each district operating high school grades shall provide transportation to and from the school a pupil attends for each pupil residing in the school district who attends any elementary grade, including kindergarten, or high school grade at a private school located 2 miles or more from the pupil's residence, if such private school is a school within whose attendance area the pupil resides and is situated within the school district or not more than 5 miles beyond the boundaries of the school district measured along the usually traveled route.
121.54(2)(b)2.
2. In lieu of transporting students under
subd. 1. and paying for transportation under
sub. (8) (b), an underlying elementary school district of a union high school district may elect, by resolution adopted at its annual or special meeting, to transport elementary school children who reside within the underlying district and qualify for transportation under
subd. 1., in vehicles owned, operated or contracted for by the district. Once adopted, such a resolution may be repealed only upon one year's notice to the board of the union high school district of which the underlying district is a part. An elementary school district shall notify the union high school district of any action under this paragraph no later than June 15 preceding the school year in which the elementary school district's action takes effect.
121.54(2)(b)3.
3. By April 1, 1986, and annually thereafter by that date, each private school shall submit its proposed attendance area for the ensuing school year to the school board of each school district having territory within the proposed attendance area. If a proposal is not submitted by April 1, the existing attendance area shall remain in effect for the ensuing school year.
121.54(2)(b)4.
4. No later than May 15 in each year, each private school shall notify each school board of the names, grade levels and locations of all pupils, if any, eligible to have transportation provided by such school board under this paragraph and planning to attend such private school during the forthcoming school term. The school board may extend the notification deadline.
121.54(2)(c)
(c) An annual or special meeting of a common or union high school district, or the school board of a unified school district, may elect to provide transportation for pupils who are not required to be transported under this section. Transportation may be provided for all or some of the pupils who reside in the school district to and from the public school they are entitled to attend or the private school, within or outside the school district, within whose attendance area they reside. If transportation is provided for less than all such pupils there shall be reasonable uniformity in the minimum distance that pupils attending public and private schools will be transported. Except for elementary school districts electing to furnish transportation under
par. (b) 2., this paragraph does not permit a school district operating only elementary grades to provide transportation for pupils attending private schools.
121.54(2)(d)
(d) A school board may provide transportation for teachers to and from public school, subject to the same controls and limitations as apply to the transportation of pupils.
121.54(3)
(3) Transportation for children with exceptional educational needs. Every school board shall provide transportation for children with exceptional educational needs, as defined in
s. 115.76 (3), to any public or private elementary or high school, to the Wisconsin school for the visually handicapped or the Wisconsin school for the deaf or to any special educational program for children with exceptional educational needs sponsored by a state tax-supported institution of higher education, regardless of distance, if the request for such transportation is approved by the department. Approval shall be based on whether or not the child can walk to school with safety and comfort.
Section 121.53 shall apply to transportation provided under this subsection.
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) Transportation for children with exceptional educational needs. Every school board shall provide transportation for children with exceptional educational needs, as defined in s. 115.76 (3), to any public or private elementary or high school, to the Wisconsin school for the visually handicapped or the Wisconsin school for the deaf or to any special educational program for children with exceptional educational needs sponsored by a state tax-supported institution of higher education, regardless of distance, if the request for such transportation is approved by the state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this subsection.
121.54(4)(a)(a) A school board may provide transportation for pupils residing in the school district and attending summer classes. If the school board provides transportation for less than all pupils, there shall be reasonable uniformity in the minimum and maximum distances pupils are transported.
121.54(4)(b)
(b) A school board, a county handicapped children's education board or a cooperative educational service agency may provide transportation regardless of distance for children with exceptional educational needs who attend a summer special education program under
s. 115.83 (4), if a request for such transportation is approved by the department. Approval shall be based on whether or not the child can walk to school with safety and comfort.
Section 121.53 shall apply to transportation provided under this paragraph.
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) A school board, a county handicapped children's education board or a cooperative educational service agency may provide transportation regardless of distance for children with exceptional educational needs who attend a summer special education program under s. 115.83 (4), if a request for such transportation is approved by the state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this paragraph.
121.54(5)
(5) Transportation to technical colleges. The school board of a district operating high school grades may provide for the transportation or board and lodging of residents of the school district attending technical colleges outside the school district who are not high school graduates, are less than 20 years of age and attend such colleges full time. The school board of such a district may also provide transportation for residents of the district participating in vocational education programs organized cooperatively between school districts under
s. 66.30. The school district shall be paid state aid for such transportation or board and lodging in accordance with
s. 121.58. This subsection does not apply if the distance between a pupil's home and the technical college along the usually traveled public highway is more than 15 miles, unless the pupil resides on an approved bus route or board and lodging are provided.
121.54(6)
(6) Transportation in special cases. The school board of a district operating high school grades which, under
s. 121.78 (2) (a), must permit a pupil to attend high school outside the school district shall provide transportation for such pupil if the pupil resides 2 or more miles from the high school that the pupil attends.
121.54(7)
(7) Transportation for extracurricular activities. 121.54(7)(a)(a) A school board may provide transportation for pupils attending public or private schools, their parents or guardians, authorized chaperones, school officers, faculty and employes and school doctors, dentists and nurses in connection with any extracurricular activity of the public or private school, such as a school athletic contest, school game, after school practice, late activity, school outing or school field trip or any other similar trip when:
121.54(7)(a)1.
1. A school bus or motor bus or a motor vehicle under
s. 121.555 (1) (a) is used and such transportation is under the immediate supervision of a competent adult.
121.54(7)(a)2.
2. A school operated by the school district or the private school has an actual interest in the safety and welfare of the children transported to the activity;
121.54(7)(a)4.
4. The school principal or other person with comparable authority authorizes such use.
121.54(7)(b)1.1. If transportation is provided to pupils and other persons in connection with any extracurricular activity of a public school under
par. (a), the school board may make a charge for such transportation, to be paid by the persons transported, sufficient to reimburse it for the cost of providing the transportation. If transportation is provided to pupils and other persons in connection with any extracurricular activity of a private school under
par. (a), the school board shall make a charge for such transportation, to be paid by the private school or the persons transported, sufficient to reimburse it for the cost of providing the transportation.
121.54(7)(b)2.
2. The school board may contract under
s. 121.52 (2) (b) for transportation authorized under
par. (a) for pupils attending public schools. The school board may authorize a charge for the transportation, to be paid by the persons transported, sufficient to make reimbursement for the cost of providing the transportation.
121.54(8)
(8) Payment of transportation costs. 121.54(8)(a)(a) The cost of providing transportation for pupils under
subs. (1) to
(6) and
s. 121.57 shall be paid by the school district in which they reside, and no part of such cost may be charged to the pupils or their parents or guardians.
121.54(8)(b)
(b) At the end of the school term, every union high school district shall submit to each of its underlying school districts operating only elementary grades a certified statement of the actual cost for the school year, less the amount to be paid for such pupils for that school year under
s. 121.58 (2), of transporting the private school pupils residing in the underlying school district under
sub. (2) (b). On or before June 30 in each year each underlying school district shall reimburse the union high school district for the net cost of transporting its resident private school pupils as so reported in the statement.
121.54(9)
(9) Transportation in areas of unusual hazards. 121.54(9)(a)(a) In school districts in which unusual hazards exist for pupils in walking to and from the school where they are enrolled, the school board shall develop a plan which shall show by map and explanation the nature of the unusual hazards to pupil travel and propose a plan of transportation if such transportation is necessary, which will provide proper safeguards for the school attendance of such pupils. Copies of the plan shall be filed with the sheriff of the county in which the principal office of the school district is located. The sheriff shall review the plan and may make suggestions for revision deemed appropriate. The sheriff shall investigate the site and plan and make a determination as to whether unusual hazards exist which cannot be corrected by local government and shall report the findings in writing to the department and the school board concerned. Within 60, but not less than 30, days from the day on which the department receives the sheriff's report, the department shall determine whether unusual hazards to pupil travel exist and whether the plan provides proper safeguards for such pupils. If the department makes findings which support the plan and the determination that unusual hazards exist which seriously jeopardize the safety of the pupils in their travel to and from school, the school board shall put the plan into effect and state aid shall be paid under
s. 121.58 (2) (c) for any transportation of pupils under this subsection. Any city, village or town may reimburse, in whole or in part, a school district for costs incurred in providing transportation under this subsection for pupils who reside in the city, village or town.
Effective date note
NOTE: Par. (a) 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
(a) In school districts in which unusual hazards exist for pupils in walking to and from the school where they are enrolled, the school board shall develop a plan which shall show by map and explanation the nature of the unusual hazards to pupil travel and propose a plan of transportation if such transportation is necessary, which will provide proper safeguards for the school attendance of such pupils. Copies of the plan shall be filed with the sheriff of the county in which the principal office of the school district is located. The sheriff shall review the plan and may make suggestions for revision deemed appropriate. The sheriff shall investigate the site and plan and make a determination as to whether unusual hazards exist which cannot be corrected by local government and shall report the findings in writing to the state superintendent and the school board concerned. Within 60, but not less than 30, days from the day on which the state superintendent receives the sheriff's report, the state superintendent shall determine whether unusual hazards to pupil travel exist and whether the plan provides proper safeguards for such pupils. If the state superintendent makes findings which support the plan and the determination that unusual hazards exist which seriously jeopardize the safety of the pupils in their travel to and from school, the school board shall put the plan into effect and state aid shall be paid under s. 121.58 (2) (c) for any transportation of pupils under this subsection. Any city, village or town may reimburse, in whole or in part, a school district for costs incurred in providing transportation under this subsection for pupils who reside in the city, village or town.
121.54(9)(am)
(am) Any person aggrieved by the failure of a school board to file a plan with the sheriff as provided in
par. (a) may notify the school board in writing that an area of unusual hazard exists. The school board shall reply to the aggrieved person in writing within 30 days of receipt of the aggrieved person's notice. The school board shall send a copy of the board's reply to the sheriff of the county in which the principal office of the school district is located and to the department. Upon receipt of the school board's reply, the aggrieved person may request a hearing before the department for a determination as to whether an area of unusual hazard exists. If the department determines that an area of unusual hazard exists, the department shall direct the school board to proceed as provided in
par. (a).
Effective date note
NOTE: Par. (am) 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
(am) Any person aggrieved by the failure of a school board to file a plan with the sheriff as provided in par. (a) may notify the school board in writing that an area of unusual hazard exists. The school board shall reply to the aggrieved person in writing within 30 days of receipt of the aggrieved person's notice. The school board shall send a copy of the board's reply to the sheriff of the county in which the principal office of the school district is located and to the state superintendent. Upon receipt of the school board's reply, the aggrieved person may request a hearing before the state superintendent for a determination as to whether an area of unusual hazard exists. If the state superintendent determines that an area of unusual hazard exists, the state superintendent shall direct the school board to proceed as provided in par. (a).
121.54(9)(b)
(b) Within 30 days after the sheriff's report is received by the department, any aggrieved person may request a hearing before the department on the determination by the sheriff and on the plan. After such hearing, the department shall proceed as provided in
par. (a).
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) Within 30 days after the sheriff's report is received by the state superintendent, any aggrieved person may request a hearing before the state superintendent on the determination by the sheriff and on the plan. After such hearing, the state superintendent shall proceed as provided in par. (a).
121.54(9)(c)
(c) The department and the department of transportation shall establish a definition of "unusual hazards" and "area of unusual hazards" for the implementation of this subsection. Such definition shall be promulgated, as a rule, by the department.
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) The state superintendent and the department of transportation shall establish a definition of "unusual hazards" and "area of unusual hazards" for the implementation of this subsection. Such definition shall be promulgated, as a rule, by the state superintendent.
121.54 History
History: 1971 c. 162;
1973 c. 89,
107,
333;
1975 c. 60,
392,
421;
1977 c. 227,
252,
418;
1981 c. 20 s.
2202 (51) (e);
1983 a. 27,
175;
1985 a. 29 s.
3202 (43);
1985 a. 218,
225,
240;
1993 a. 399,
492;
1995 a. 27 s.
9145 (1);
1995 a. 439.
121.54 Annotation
Sections 121.51 (4) and 121.54 (2) (b) 1 as enacted in 1969 are constitutional. State ex rel. Vanko v. Kahl, 52 W (2d) 206, 188 NW (2d) 460.
121.54 Annotation
Exceptions to the mandatory provision of transportation should be narrowly construed. The exception for children who "reside in cities" should be confined to its common and approved usage. Morrissette v. DeZonia, 63 W (2d) 429, 217 NW (2d) 377.
121.54 Annotation
Although private school was only 127 feet beyond 5-mile limit of (2) (b) 1., statutory construction is not available to extend such limit. Young v. Bd. of Ed., Jt. Dist. No. 10, 74 W (2d) 144, 246 NW (2d) 230.
121.54 Annotation
Refusal of board to transport parochial pupils during public school vacation violated (2) (b) 1. Hahner v. Board of Ed. Wisconsin Rapids, 89 W (2d) 180, 278 NW (2d) 474 (Ct. App. 1979).
121.54 Annotation
Common carrier passenger service need not be available to all city pupils for school board to possess option under (1). "Reasonable uniformity" requirement was directed at distance pupils are transported, not at means of transportation chosen. St. John Vianney Sch. v. Janesville Ed. Bd. 114 W (2d) 140, 336 NW (2d) 387 (Ct. App. 1983).
121.54 Annotation
Transportation must be on a reasonably uniform basis to all children attending either public or private schools. 61 Atty. Gen. 240.
121.54 Annotation
City school busing policies adopted pursuant to (1) and (2) (b) 1. were without rational basis and violated the equal protection rights of city resident private school students who resided more than 2 miles from school but were denied transportation solely because the school was located 400 feet outside the city and school district boundaries. Deutsch v. Teel, 400 F Supp. 598.
121.54 Annotation
Sub. (2) (b) 1. does not deny equal protection to students attending parochial school beyond 5-mile limit. O'Connel v. Kniskern, 484 F Supp. 896 (1980).
121.545
121.545
Additional transportation. 121.545(1)
(1) The parent or guardian of a pupil who attends a public or private school and who is not required to be transported under
s. 121.54 may contract with the school board of the district for transportation under this subsection. The school board of the district may provide transportation under this subsection to a pupil not required to be transported under
s. 121.54, if requested to do so by the parent or guardian of the pupil and if the parent or guardian agrees to pay to the school board a fee sufficient to reimburse the board for the costs incurred in providing such transportation. State aid shall not be provided for transportation under this subsection.
121.545(2)
(2) A school board may provide transportation for children residing in the school district whom the school district is not required to transport under
s. 121.54 to or from, or both, a before-and after-school day care program under
s. 120.125, a prekindergarten class under
s. 120.13 (13), a day care program under
s. 120.13 (14) or any other day care program, family day care home, child care provider or prekindergarten class. The school board may charge a fee for the cost of providing such transportation. The school board may waive the fee or any portion of the fee for any person who is unable to pay the fee. State aid shall not be provided for transportation under this subsection.
121.55
121.55
Methods of providing transportation. 121.55(1)(1) School boards may provide transportation by any of the following methods:
121.55(1)(a)
(a) By contract with a common carrier, a taxi company or other parties.
121.55(1)(b)
(b) By contract with the parent or guardian of the pupil to be transported. If the school board and the parent or guardian cannot agree upon the amount of compensation, the department shall determine the amount of compensation to be designated in the contract.
121.55(1)(c)
(c) By contract with another school board, board of control of a cooperative educational service agency or the proper officials of any private school or private school association.
121.55(1)(d)
(d) By contract between 2 or more school boards and an individual or a common carrier.
121.55(1)(e)
(e) By the purchase and operation of a motor vehicle.
