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 employee.
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(3)(a)(a) Subject to
par. (c), any person that employs or contracts with an individual, except an individual who holds a valid school bus endorsement issued under
s. 343.12, to operate a motor vehicle under
sub. (1) to transport pupils shall do all of the following before the individual is initially permitted to operate the vehicle and every 4 years thereafter:
121.555(3)(a)1.
1. Notwithstanding
ss. 111.321,
111.322, and
111.335, request from the records maintained by the department of justice a criminal history search of the individual. Notwithstanding
ss. 111.321,
111.322, and
111.335, if the individual who is the subject of the criminal history search has not resided in this state at anytime within the 2 years preceding the date of the search, the person shall make a good faith effort to obtain additional criminal history information from any state in which the individual has resided during this time period or from any other applicable federal or state agency.
121.555(3)(a)2.
2. Request the individual's operating record from the department of transportation under
s. 343.24 or, if the operating record has already been obtained by another entity, from that entity if there are reasonable grounds to believe that the operating record obtained from that entity is accurate and was furnished by the department of transportation to that entity not more than 2 months previously.
121.555(3)(a)3.
3. Obtain a background information form, prescribed by the department under
sub. (6) (b), completed by the individual.
121.555(3)(b)
(b) Any person that employs or contracts with an individual to operate a motor vehicle under
sub. (1) to transport pupils, except an individual who holds a valid school bus endorsement issued under
s. 343.12, may require the individual to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the individual's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the individual fingerprinted and obtaining records of his or her criminal arrests and convictions. Except as provided in this paragraph, fingerprints obtained under this paragraph shall be kept confidential.
121.555(3)(c)
(c) Notwithstanding
ss. 111.321,
111.322, and
111.335, no person that employs or contracts with an individual, except an individual who holds a valid school bus endorsement issued under
s. 343.12, to operate a motor vehicle under
sub. (1) to transport pupils may permit the individual to operate such a vehicle if any of the following applies:
121.555(3)(c)1.
1. The person knows or should know that the individual has a record of conviction or operating privilege revocation or adjudicated delinquency that would disqualify the person from issuance or renewal of a school bus endorsement under
s. 343.12 (7) and rules promulgated by the department of transportation under
s. 343.12 (7) and
(8).
121.555(3)(c)2.
2. The person knows or should know that the individual has been convicted of a violation of
sub. (4) (b).
121.555(4)(a)(a) An individual who is employed by or under contract with a person to operate a motor vehicle under
sub. (1) to transport pupils shall report to the person in writing within 10 days of the occurrence of any of the following:
121.555(4)(a)1.
1. Any accident in which the individual was involved as the operator of a motor vehicle, regardless of whether the individual was issued a uniform traffic citation or charged with any offense or whether the individual was operating a motor vehicle under
sub. (1) to transport pupils.
121.555(4)(a)2.
2. Notwithstanding
ss. 111.321,
111.322, and
111.335, any conviction or operating privilege revocation that, under
sub. (3) (c), makes the individual ineligible to operate a motor vehicle under
sub. (1) to transport pupils or, if the individual holds a valid school bus endorsement issued under
s. 343.12, that disqualifies the individual from issuance or renewal of a school bus endorsement under
s. 343.12 (7) and rules promulgated by the department of transportation under
s. 343.12 (7) and
(8).
121.555(4)(a)3.
3. Any suspension or revocation of the individual's operating privilege, or cancellation of a school bus endorsement, by this state or another jurisdiction.
121.555(4)(b)
(b) No individual may provide false or incomplete information with respect to any material fact on a background information form specified in
sub. (3) (a) 3.
121.555(5)
(5) No individual may operate a motor vehicle under
sub. (1) to transport pupils if the individual is ineligible to do so under
sub. (2) (c) and
(cm) or under
sub. (3) (c).
121.555(6)(a)(a) The department shall prepare and make available to school districts, private schools, and contractors providing pupil transportation services informational materials, in printed or electronic form, relating to compliance with this section.
121.555(6)(b)
(b) In consultation with persons that employ or contract with individuals to operate motor vehicles under
sub. (1), the department shall prescribe a background information form for purposes of
sub. (3). The form shall require an individual under
sub. (3) (a) to specify whether the individual is listed in the registry under
s. 146.40 (4g) (a) 2.
121.555(7)
(7) Any person that employs or contracts with an individual to operate a motor vehicle under
sub. (1) to transport pupils shall maintain all records and furnish all information determined necessary to determine compliance with this section.
121.555(8)(a)(a) Any individual who violates
sub. (4) (a) or
(5) may be required to forfeit not more than $100 for the first offense and not more than $200 for each subsequent offense.
121.555(8)(b)
(b) Any individual who violates
sub. (4) (b) may be required to forfeit not more than $1,000.
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 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 Annotation
The refusal by a public school board to transport parochial pupils during a public school vacation violated s. 121.54 (2) (b) 1. Hahner v. Wisconsin Rapids Board of Education,
89 Wis. 2d 180,
278 N.W.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 children with disabilities. The state superintendent may grant permission for a child with a disability 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.
121.58(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, and the nonresident school district that a pupil attends under
s. 118.51 or
121.84 (4) which elects to provide transportation under
s. 121.54 (10), 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),
(6) and
(10) and
121.57 or which willfully 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 disabilities, as defined in
s. 115.76 (5), 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), or under
s. 121.54 (10) if the transportation is provided by the nonresident school district that a pupil attends under
s. 118.51 or
121.84 (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) 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. The state superintendent may not certify payment of state aid under
sub. (2) for the number of pupils calculated under
s. 121.85 (6) (am). 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 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. 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 children with disabilities 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)(b)
(b) "Pupil" includes a child with a disability, as defined ins.115.76 (5).
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 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 installments 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)(a)(a) Every elementary school and high school shall be free to all pupils who reside in the school district.
121.77(1)(b)
(b) If facilities are adequate, a school board, board of control of a cooperative educational service agency or county children with disabilities education board may admit nonresident pupils who meet its entrance requirements. Nonresident pupils shall have all of 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 state superintendent 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.
121.77(2)(b)
(b) A certified copy of each tuition claim under
par. (a) with the state superintendent.
