121.79(1)(d)1.
1. The foster, treatment foster or group home is located outside the school district in which the pupil's parent or guardian resides; and
121.79(2)
(2) When transportation is provided for pupils under this section, state aid shall be paid in accordance with
subch. IV.
121.80
121.80
Tuition payments by counties. The county shall pay the elementary and high school tuition of every pupil whose parent or guardian is employed at and resides on the grounds of a county institution. The county board may charge such tuition to the account of the county asylum or the county home.
121.80 History
History: 1985 a. 29.
121.81
121.81
Tuition payments by parents. 121.81(1)
(1)
General. Before the admission of a nonresident pupil to an elementary or a high school of a school district, the school board of that district shall make a written agreement with the parents for the payment of tuition at the rate established in accordance with this subchapter, except when the tuition is otherwise chargeable under this subchapter or under
subch. V of ch. 115.
121.81(2)(a)(a) A pupil whose parent or legal custodian is a resident of this state but not a resident of the school district may file with the school board of the district a written application for enrollment in the schools of the school district. The application shall be accompanied by a written declaration of the parent or legal custodian that the parent or legal custodian will establish residence in the school district by a specified time. If facilities are adequate, the school board may permit the pupil to enroll in the schools of the school district, and may require prepayment of a tuition fee for 9 school weeks or may waive the tuition requirement for that pupil. If the parent or legal custodian establishes residence in the school district within such 9 school weeks, the school board shall refund the tuition fee. If such residence is not established there shall be no refund of the tuition fee but another written application for enrollment may be filed for the next succeeding 9 school weeks and, upon prepayment of a tuition fee for such 9 school weeks, the school board may permit the pupil to reenroll. If the parent or legal custodian establishes residence in the school district within the second 9 school weeks, the school board shall refund the tuition fee for the second 9 school weeks.
121.81(2)(b)
(b) If the parent or legal custodian establishes residence in the school district prior to the expiration of the first 18 school weeks of the school term and if the pupil was enrolled in the school district on the 3rd Friday in September, the pupil shall be considered a resident pupil in computing general aid under
subch. II.
121.81(2)(c)
(c) The parent or legal custodian of a pupil who is enrolled under this subsection shall be responsible for the transportation of such pupil to the school in which the pupil is so enrolled. No transportation aid under
subch. IV may be paid for such transportation.
121.82
121.82
Tuition payment by adult. An adult for whom the school district provides services under
s. 120.13 (4) shall provide for the payment of tuition.
121.82 History
History: 1985 a. 29.
121.83
121.83
Computation of tuition. 121.83(1)(a)(a) The net school cost for a school year is the sum of the net cost of the general fund, the net cost of the debt service fund, all tuition revenues under this subchapter and special transfer aid under
s. 121.85 (6) (b) 2. and
3. for that school year for the agency of service, except as follows:
121.83(1)(a)1.
1. If the agency of service does not transport the pupil to and from school:
121.83(1)(a)3.
3. If the pupil is enrolled in a program for children with exceptional educational needs under
subch. V of ch. 115:
121.83(1)(a)3.a.
a. The cost of instruction and specified services shall be subtracted.
121.83(1)(a)3.b.
b. The federal and state aid for pupil transportation and exceptional education shall be added.
121.83(1)(b)
(b) The regular annual tuition rate is the net school cost divided by the average daily membership of the agency of service.
121.83(1)(c)
(c) If the pupil is enrolled in a program for children with exceptional educational needs under
subch. V of ch. 115, the special annual tuition rate is the sum of instructional and specified services costs unique to that program divided by the average daily membership of all pupils enrolled in the program, including those for whom tuition is paid.
121.83(1)(d)
(d) The annual tuition rate is the sum of the regular annual tuition rate and the special annual tuition rate, if any.
121.83(1)(e)
(e) The daily tuition rate is the annual tuition rate divided by the number of school days in the session.
121.83(2)(a)(a) The tuition for the regular school year is the daily tuition rate multiplied by the number of school days the pupil was enrolled. No reduction of tuition may be made because of the absence of a pupil, unless the pupil was absent more than 10 consecutive school days, in which case a reduction shall be made only for the absence in excess of 10 school days.
121.83(2)(b)
(b) The tuition for summer school shall be the daily tuition rate for the previous school year multiplied by 180 times the summer average daily membership equivalent of the pupil.
121.83(3)
(3) All disbursements for tuition shall be made from the school district general fund. All receipts for tuition shall be made to the school district general fund.
121.83 History
History: 1977 c. 29;
1981 c. 20;
1985 a. 29 ss.
1790 to
1792,
1794; Stats. 1985 s. 121.83;
1991 a. 39.
121.84
121.84
Tuition waiver; special cases. 121.84(1)(a)(a) A school board may permit a pupil who is enrolled in a school under its jurisdiction and is a resident of the school district at the beginning of the school year to complete the school year at the school without payment of tuition, even though the pupil is no longer a resident of the school district.
121.84(1)(b)
(b) Upon request of a pupil's parent or guardian, a school board of a district operating high school grades shall permit a pupil who has gained 12th grade status in a high school under its jurisdiction and is a resident of the school district at the time of gaining such status to complete 12th grade at the high school without payment of tuition, even though the pupil is no longer a resident of the school district.
121.84(1)(c)
(c) A school board may permit a foreign exchange student to attend school in the school district without payment of tuition.
121.84(1m)
(1m) The school boards of 2 school districts operating high school grades may enter into an agreement under which a high school pupil who resides in one of the school districts as the result of a reorganization under
ch. 117 and who has completed 9th and 10th grades at a high school in the other school district may complete his or her high school education at the latter high school without payment of tuition. The school district of attendance shall count the pupil in its membership for state aid purposes under
subch. II.
121.84(2)
(2) The transportation requirement in
s. 121.54 (2) shall not apply to transportation beyond the school district boundaries for pupils under this section.
121.84(3)
(3) The school district of attendance shall continue to count pupils under
sub. (1) in membership.
SPECIAL TRANSFER AID
121.845
121.845
Definitions. In this subchapter:
121.845(1)
(1) "Attendance area" means the geographical area within a school district established by the school board thereof for the purpose of designating the elementary, middle, high or other school which pupils residing within the area normally would attend.
121.845(2)
(2) "Minority group pupil" means a pupil who is a Black American, a native American, a Spanish-surnamed American or an Oriental American and who has reached the age of 4 on or before September 1 of the year he or she enters school.
121.845(3)
(3) "School" means an organized educational activity operated by the school board and approved by the department.
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) "School" means an organized educational activity operated by the school board and approved by the department of public instruction.
121.845 History
History: 1985 a. 29 ss.
1797,
1799;
1995 a. 27.
121.85
121.85
Special transfer programs. 121.85(1)
(1)
Definition. In this section, "net school cost" is the sum of the net cost of the general fund and the net cost of the debt service fund for the previous school year, plus any aid received in the previous year under this section.
121.85(2)
(2) Applicability of section. This section applies to transfers:
121.85(2)(a)1.1. By minority group pupils who reside in an attendance area in a school district where minority group pupils constitute 30% or more of the number of pupils enrolled in the school serving that attendance area and which the pupil would normally attend, from that district to a school in a school district where minority group pupils constitute less than 30% of the number of pupils enrolled in that school, as of May 1 of the prior year.
121.85(2)(a)2.
2. By nonminority group pupils who have reached the age of 4 on or before September 1 of the year they enter school and who reside in an attendance area in a school district where minority group pupils constitute less than 30% of the number of pupils enrolled in the school serving that attendance area and which the pupil would normally attend in the district, from that district to a school in a school district where minority group pupils constitute 30% or more of the number of pupils enrolled in that school, as of May 1 of the prior year.
121.85(2)(b)1.1. By minority group pupils who reside in an attendance area where minority group pupils constitute 30% or more of the number of pupils enrolled in the school serving that attendance area and which the pupil normally would attend, from that school to another school within the district where minority group pupils constitute less than 30% of the number of pupils enrolled in that school or to a school serving the entire district.
121.85(2)(b)2.
2. By nonminority group pupils who have reached the age of 4 on or before September 1 of the year they enter school and who reside in an attendance area where minority group pupils constitute less than 30% of the number of pupils enrolled in the school serving that attendance area and which the pupil normally would attend, from that school to another school within the district where minority group pupils constitute 30% or more of the number of pupils enrolled in that school or to a school serving the entire district.
121.85(3)
(3) Transfer agreements. In accordance with
sub. (2) and with the approval of the parents or guardian of the pupil:
121.85(3)(a)
(a)
Interdistrict. The school board of the district of residence and the school board of the district of attendance may enter into annual written agreements to permit a pupil to attend a public school outside the school district of residence.
121.85(3)(b)
(b)
Intradistrict. The school board of the district may permit a pupil to attend a public school within the district which is outside the pupil's attendance area.
121.85(4)
(4) Other plans to reduce racial imbalance. 121.85(4)(a)(a) Pupil transfers resulting from a plan implemented by the school board to reduce racial imbalance in a school district or attendance area shall be deemed to be transfer agreements under
sub. (3) and shall be eligible for state aid under this section if the transfers comply with
sub. (2).
121.85(4)(b)
(b) Any school board that, prior to May 4, 1976, established a plan to reduce racial imbalance in the school district is eligible for state aid under
sub. (6) (a) if the department approves the plan.
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) Any school board that, prior to May 4, 1976, established a plan to reduce racial imbalance in the school district is eligible for state aid under sub. (6) (a) if the state superintendent approves the plan.
121.85(5)
(5) Part-time transfers. Part-time transfers for curriculum offerings also may be permitted under this section. The department shall establish procedures for aid computations in such cases.
121.85(6)(a)(a)
Intradistrict transfer. The school district of attendance of pupils transferring from one attendance area to another under
subs. (3) (b) and
(4) shall be entitled to an amount determined as follows:
121.85(6)(a)1.
1. Divide the state aid received in the current school year under
s. 121.08 by the membership used to compute state aid to the school district for the current school year.
121.85(6)(b)1.1. If a pupil transfers from one school district to another under
sub. (3) (a), the school district of residence shall count each such pupil as 1.0 pupil in membership for general aid under
subch. II.
121.85(6)(b)2.
2. In each school year, the school district of attendance of pupils transferring from one school district to another under
sub. (3) (a) shall receive an amount equal to that produced by multiplying the number of pupils transferred into the school district under
sub. (3) (a) in the previous school year by the amount produced by dividing the school district's net school cost by the sum of the membership, plus the number of pupils transferred into the school district of attendance in the previous school year under
sub. (3) (a). This subdivision applies to aid paid in the 1995-96 school year only if the number of pupils transferring from one school district to another under
sub. (3) (a) in the 1994-95 school year constitutes less than 5% of the total membership of the school district of attendance.
121.85(6)(b)3.
3. If, in the 1994-95 school year, the number of pupils transferring from one school district to another under
sub. (3) (a) constitute 5% or more of the total membership of the school district of attendance, in the 1995-96 school year the school district of attendance shall receive an amount equal to 1.2 multiplied by the amount to which the district is entitled under
subd. 2.
121.85(6)(c)
(c)
Special applications. If a school district finds that it has incurred costs beyond aids received because of the number of pupils which it has accepted as transfers under this section, it may apply to the department for supplementary aids under this subsection. If the department finds that the school district has incurred costs for which reimbursement has not been made under
par. (b) 2. or
3., it shall supplement the state aids paid to the district under this section in an amount equal to the unreimbursed cost.
121.85(6)(d)
(d)
Aid in lieu of tuition. Aid payments under this section shall be in lieu of tuition payments required under
subch. V. Aid payments under this section shall not be made for interdistrict transfers under
sub. (6) (b), if tuition payments are made from funds received by the school district of residence under
P.L. 73-167 and
P.L. 81-874, as amended, for pupils so transferring from such district of residence.
121.85(6)(f)
(f)
Exception. A pupil enrolled in a kindergarten program or in a preschool program under
subch. V of ch. 115 shall be multiplied under
par. (a) 2. by a number equal to the result obtained by multiplying 0.325 by the appropriate fraction under
s. 121.004 (7) (c),
(cm) or
(d), and shall be counted under
par. (b) 1. as a number equal to the result obtained by multiplying 1.0 by the appropriate fraction under
s. 121.004 (7) (c),
(cm) or
(d).
121.85(6)(g)1.a.
a. "Base year enrollment" means the number of pupils enrolled in the nonspecialty public schools located in minority census tracts in the 1984-85 school year.
121.85(6)(g)1.b.
b. "Minority census tract" means a census tract that has a nonwhite population of 20% or more, according to the most recent federal decennial census, and that is located in a school district containing a 1st class city.
121.85(6)(g)2.
2. Each pupil attending a nonspecialty public school in a minority census tract who is in excess of the base year enrollment shall be counted as an additional 0.2 pupil in membership for general aid under
subch. II.
121.85(7)
(7) Transportation. Transportation shall be provided to pupils transferring schools under this section if required under
subch. IV. Transportation for a pupil attending a public school under
sub. (3) (a) outside the pupil's school district of residence shall be provided pursuant to agreement between the school district of residence and the school district of attendance. If either the school district of residence or the school district of attendance operates a program of intradistrict transfers under
sub. (3) (b), that school district shall be responsible for the cost of transportation. The school district may meet this responsibility either by contracting directly for provision of transportation or by reimbursing another school district for the cost of such a contract. Transportation for a pupil attending a public school under
sub. (3) (b) outside his or her attendance area of residence may be provided by his or her school district. A school district providing transportation under this subsection may not claim transportation aid under
subch. IV for pupils so transported.
