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.
121.55(3)
(3) If the estimated cost of transporting a pupil under
s. 121.54 (2) (b) 1. is more than 1.5 times the school district's average cost per pupil for bus transportation in the previous year, exclusive of transportation for kindergarten pupils during the noon hour and for handicapped pupils, the school board may fulfill its obligation to transport a pupil under
s. 121.54 (2) (b) 1. by offering to contract with the parent or guardian of the pupil. The contract shall provide for an annual payment for each pupil of not less than $5 times the distance in miles between the pupil's residence and the private school he or she attends, or the school district's average cost per pupil for bus transportation in the previous year exclusive of transportation for kindergarten pupils during the noon hour and for handicapped pupils, whichever is greater, but the payment shall not exceed the actual cost nor may the aids paid under
s. 121.58 (2) (a) for the pupil exceed the cost thereof. A school board which intends to offer a contract under this subsection shall notify the parent or guardian of the private school pupil of its intention at least 30 days before the commencement of the school term of the public school district.
121.555
121.555
Alternative methods of providing transportation. 121.555(1)(1) A school board or the governing body of a private school may provide pupil transportation services by the following alternative methods:
121.555(1)(a)
(a) A motor vehicle transporting 9 or less passengers in addition to the operator.
121.555(1)(b)
(b) A motor vehicle transporting 10 or more passengers in addition to the operator and used temporarily to provide transportation for purposes specified under
s. 340.01 (56) (a) when the school board or the governing body requests the secretary of transportation to determine that an emergency exists because no regular transportation is available. The secretary of transportation shall approve or deny the request in writing. Any authorization granted under this paragraph shall specify the purpose and need for the emergency transportation service.
121.555(2)
(2) The school board or governing body of a private school shall determine that any motor vehicle used under
sub. (1) complies with the following conditions:
121.555(2)(a)
(a)
Insurance. If the vehicle is owned or leased by a school or a school bus contractor, or is a vehicle authorized under
sub. (1) (b), it shall comply with
s. 121.53. If the vehicle is transporting 9 or less persons in addition to the operator and is not owned or leased by a school or by a school bus contractor, it shall be insured by a policy providing property damage coverage with a limit of not less than $10,000 and bodily injury liability coverage with limits of not less than $25,000 for each person, and, subject to the limit for each person, a total limit of not less than $50,000 for each accident.
121.555(2)(b)
(b)
Inspection. If the vehicle is owned or leased by a school or a school bus contractor or is operated by a school district employe, it shall be inspected annually for compliance with the requirements of
s. 110.075,
ch. 347, and the rules of the department of transportation. The owner or lessee of the vehicle is responsible for the annual inspection.
121.555(2)(c)1.
1. Shall possess a valid Wisconsin operator's license or a valid operator's license issued by another jurisdiction, as defined in
s. 340.01 (41m), or a valid commercial driver license issued by Mexico.
121.555(2)(c)3.
3. Shall have sufficient use of both hands and the foot normally employed to operate the foot brake and foot accelerator. The department of transportation may require substantiation of such use by a driving examination conducted by the department or by a medical opinion.
121.555(2)(c)4.
4. Shall submit at least once every 3 years to the school a medical opinion in such form as the school may prescribe that the operator is not afflicted with or suffering from any mental or physical disability or disease such as to prevent the operator from exercising reasonable control over a motor vehicle. The examination report prescribed in
s. 118.25 (2) and
(4) may be used to satisfy this requirement. This subdivision applies only if the vehicle used under
sub. (1) is owned or leased by a school or a school bus contractor or is operated by a school district employe.
121.555(2)(c)5.
5. Notwithstanding
ss. 111.321,
111.322 and
111.335, may not be a person convicted within a 2-year period of reckless driving under
s. 346.62 or a local ordinance in conformity with
s. 346.62 (2) or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.62 (2), operating a motor vehicle while operating privileges are suspended or revoked under
s. 343.44 (1) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 343.44 (1) with respect to operation of a motor vehicle while operating privileges are suspended or revoked, any of the offenses enumerated under
s. 343.31 (1) or
(2), or 2 or more offenses under
s. 346.63 (7) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (7), or a conviction under the law of another jurisdiction, as those terms are defined in
s. 340.01 (9r) and
(41m), respectively, prohibiting reckless or careless driving, as those or substantially similar terms are used in that jurisdiction's laws, or a conviction, suspension or revocation that would be counted under
s. 343.307 (2) (a) to
(g), or a person convicted within a 5-year period of violating
s. 940.09 (1) or
940.25. Upon request of the operator or school, the department shall certify whether the operator meets this requirement.
121.555(2)(cm)
(cm)
Waiver of operator requirement. Notwithstanding
par. (c) 3., with respect to the operator of a vehicle under
sub. (1) (a), a school board or the governing body of a private school may waive the requirement that an operator have sufficient use of both hands if the operator has sufficient use of one hand to safely operate the vehicle which the school board or governing body of the private school proposes the operator use, as substantiated by a special driving examination conducted by the department of transportation. The department of transportation shall conduct the special examination under this paragraph upon the request of a school board, the governing body of a private school or the operator.
121.555(2)(d)
(d)
Seating requirements. The vehicle may not be used to transport more persons than can be seated on the permanently mounted seats facing forward without interfering with the operator.
121.555 AnnotationApplication of this section to various methods of transportation discussed.
75 Atty. Gen. 146 (1986).
121.56
121.56
School bus routes. The school board of each district shall make and be responsible for all necessary provisions for the transportation of pupils, including establishment, administration and scheduling of school bus routes. Upon the request of any school board, the department shall provide advice and counsel on problems of school transportation. Any private school shall, upon the request of the public school officials, supply all necessary information and reports. The transportation of public and private school pupils shall be effectively coordinated to insure the safety and welfare of the pupils. Upon receipt of a signed order from the secretary, the school board shall discontinue any route specified by the secretary.
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
121.56 School bus routes. The school board of each district shall make and be responsible for all necessary provisions for the transportation of pupils, including establishment, administration and scheduling of school bus routes. Upon the request of any school board, the state superintendent shall provide advice and counsel on problems of school transportation. Any private school shall, upon the request of the public school officials, supply all necessary information and reports. The transportation of public and private school pupils shall be effectively coordinated to insure the safety and welfare of the pupils. Upon receipt of a signed order from the state superintendent, the school board shall discontinue any route specified by the state superintendent.
121.56 History
History: 1993 a. 492;
1995 a. 27.
121.56 Annotation
See note to 121.54, citing Hahner v. Board of Ed. Wisconsin Rapids, 89 W (2d) 180, 278 NW (2d) 474 (Ct. App. 1979).
121.57
121.57
Board and lodging or house rental in lieu of transportation. 121.57(1)(a)(a) If a school board determines it is to the advantage of the school district and if the parent or guardian determines it is to the advantage of the pupil that board and lodging in lieu of transportation be provided for all or part of the time for a pupil of the school district required to be transported or for whom it has been authorized under
s. 121.54 (2), the school board shall enter into a written contract under which the pupil shall be properly boarded and lodged and the school board shall pay for such board and lodging. The pupil's parent or guardian may select the home in which the pupil is boarded and lodged. If a school board determines it is in the interest of the school district, it may pay the tuition of a pupil in a school in another school district in lieu of providing transportation to a school in the school district of residence or board and lodging. If the distance from the pupil's home to the school in another school district is 2 miles or more, the school board of the district of residence shall provide transportation.
121.57(1)(b)
(b) This subsection also applies to handicapped children. The department may grant permission for a handicapped child to be transported to a school in another school district if an acceptable form of transportation is provided and if such school offers equal or better educational opportunities for the child.
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) This subsection also applies to handicapped children. The state superintendent may grant permission for a handicapped child to be transported to a school in another school district if an acceptable form of transportation is provided and if such school offers equal or better educational opportunities for the child.
121.57(2)
(2) If a school board determines it is in the interest of the school district to rent a house for the family of children required to be transported in lieu of providing such transportation, it may enter into a written lease for such housing and pay as rental therefor not more than the amount which otherwise would be paid for transportation.
121.57(3)
(3) This section does not apply to pupils who attend private schools.
121.57 History
History: 1993 a. 492;
1995 a. 27 s.
9145 (1).
