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).
121.58(1)(1)
Report. In the report filed under
s. 120.18 the school district clerk shall include such information as the department requires on the number of pupils for whom transportation or board and lodging is provided.
121.58(2)(a)(a) A school district which provides transportation to and from a school under
ss. 121.54 (1) to
(3),
(5) and
(6) and
121.57 shall be paid state aid for such transportation at the rate of $30 per school year per pupil so transported whose residence is at least 2 miles and not more than 5 miles from the school attended, $45 per school year per pupil so transported whose residence is at least 5 miles and not more than 8 miles from the school attended, $60 per school year per pupil so transported whose residence is at least 8 miles and not more than 12 miles from the school attended, $68 per school year per pupil so transported whose residence is at least 12 miles and not more than 15 miles from the school attended, $75 per school year per pupil so transported whose residence is at least 15 miles and not more than 18 miles from the school attended, and $85 per school year per pupil so transported whose residence is more than 18 miles from the school attended. Such state aid shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under
ss. 121.54 (1) to
(3),
(5) and
(6) and
121.57 or which wilfully or negligently fails to transport all pupils for whom transportation is required under
s. 121.54.
121.58(2)(b)
(b) A school board that provides transportation under
s. 121.54 (2) (am) shall be paid state aid for such transportation at the rates specified and according to the conditions established under
par. (a), except that the amount of state aid may not exceed the amount which the school district would receive for transporting the child between the child's residence and school attended under
s. 121.54 (1) to
(3),
(5),
(6) or
(9) or
121.57.
121.58(2)(c)
(c) A school district which provides transportation to and from a school under
s. 121.54 (9) shall be paid state aid for such transportation at the rate of $12 per school year per pupil so transported. Such state aid shall be reduced proportionately in the case of a pupil transported for less than a full year because of nonenrollment. State aid for such transportation shall not exceed the actual cost thereof.
121.58(3)
(3) State aid for board and lodging. A school district which provides board and lodging or housing under
s. 121.57 (2) in lieu of transportation shall be paid state aid for such board and lodging or housing at the rate of not more than $6 per week of 5 days for each pupil so boarded and lodged or housed, but not to exceed 60% of the cost. For children with exceptional educational needs such state aid shall be supplemented by the state aid under
s. 115.88 in an amount not to exceed the full cost of such board and lodging.
121.58(4)
(4) State aid for summer class transportation. Annually on or before October 1 of the year in which transportation is provided under
s. 121.54 (4), the school district clerk shall file with the department a report, containing such information as the department requires, on transportation provided by the school board to and from summer classes. Upon receipt of such report and if the summer classes meet the requirements of
s. 121.14 (1), state aid shall be paid for such transportation. A school district which provides such transportation shall be paid state aid for such transportation at the rate of $4 per pupil transported to and from public school whose residence is at least 2 miles and not more than 5 miles by the nearest traveled route from the public school attended, and $6 per pupil transported to and from public school whose residence is more than 5 miles by the nearest traveled route from the public school attended, if the pupil is transported 30 days or more. The state aid shall be reduced proportionately if the pupil is transported less than 30 days.
121.58(5)
(5) Department approval. If the department is satisfied that transportation or board and lodging was provided in compliance with law, the department shall certify to the department of administration the sum due the school district. In case of differences concerning the character and sufficiency of the transportation or board and lodging, the department may determine such matter and its decision is final.
Effective date note
NOTE: Sub. (5) 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
(5) State superintendent approval. If the state superintendent is satisfied that transportation or board and lodging was provided in compliance with law, the state superintendent shall certify to the department of administration the sum due the school district. In case of differences concerning the character and sufficiency of the transportation or board and lodging, the state superintendent may determine such matter and his or her decision thereon is final.
121.58(6)
(6) Appropriation prorated. If the appropriation under
s. 20.255 (2) (cr) in any one year is insufficient to pay the full amount of approved claims under this section, state aid payments shall be prorated among the school districts entitled thereto.
121.58(7)
(7) Payment. Beginning with payments made in the 1985-86 school year, each school district entitled to state aid under this section shall receive its total aid entitlement in January.
TUITION PAYMENTS
121.75
121.75
Construction. To the extent feasible, this subchapter shall be construed so that the tuition charge for a pupil shall:
121.75(1)
(1) Include any unusual costs associated with the pupil.
121.75(2)
(2) Exclude any costs associated with the pupil which are paid from a source other than tuition and property taxes.
121.75(3)
(3) Cover only the period during which services were actually provided or available to the pupil.
121.75(4)
(4) Not impose a financial burden on the agency of service.
121.75 History
History: 1985 a. 29.
121.76
121.76
Definitions and general provisions. 121.76(1)
(1)
Definitions. In this subchapter:
121.76(1)(a)
(a) "Agency of service" means a school board, board of control of a cooperative educational service agency, county handicapped children's education board or governing body of a nonsectarian private school or university model school, which provides services for which tuition may be charged.
121.76(1)(c)
(c) "Specified services" means social work; guidance; health; psychological, speech-language pathology and audiology services; supervision; coordination; and transportation.
121.76(2)(a)(a) All tuition shall be calculated under
s. 121.83 unless the department approves an alternative procedure consistent with
s. 121.75.
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) All tuition shall be calculated under s. 121.83 unless the state superintendent approves an alternative procedure consistent with s. 121.75.
121.76(2)(b)
(b) A written agreement may provide for the prepayment in instalments of up to 75% of the estimated tuition during the school year in which services are provided.
121.76(2)(c)
(c) The agency of service shall rebate a proportional share of state or federal aid received for pupils for whom it received tuition. The rebate shall be paid to the agency or person who paid the tuition within 30 days of its receipt by the agency of service.
121.77
121.77
Admission of nonresident pupils. 121.77(1)
(1) Every elementary school and high school shall be free to all pupils who reside in the school district. If facilities are adequate, a school board, board of control of a cooperative educational service agency or county handicapped children's education board may admit nonresident pupils who meet its entrance requirements. Nonresident pupils shall have all the rights and privileges of resident pupils and shall be subject to the same rules and regulations as resident pupils. The agency of service shall charge tuition for each nonresident pupil.
121.77(2)
(2) Annually on or before September 1, the clerk or secretary of the agency of service shall file:
121.77(2)(a)
(a) A tuition claim for each nonresident pupil or adult for whom services were provided under this subchapter during the preceding school year. The claim shall be filed with the school district clerk under
s. 121.78, the department under
s. 121.79, the county clerk under
s. 121.80, the pupil's parent or guardian under
s. 121.81 or the adult under
s. 121.82. Credit shall be given for prepayments.
