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 pupils with disabilities, 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 pupils with disabilities, 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.
121.55 Cross-reference
Cross Reference: See also ch.
PI 7, Wis. adm. code.
121.55 Annotation
Notice under sub. (3) only must be given to parents if the school board seeks to use the reduced formula under sub. (3) and not when the standard parental contract method under sub. (1) is pursued. Providence Catholic School v. Bristol School District No. 1,
231 Wis. 2d 159,
605 N.W.2d 238 (Ct. App. 1999),
98-3390.
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 employee, 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 employee.
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 is 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.
121.575
121.575
School transportation bio-diesel fuel cost assistance. 121.575(1)(b)
(b) "Petroleum-diesel fuel" has the meaning given for "diesel fuel" in
s. 78.005 (5), but does not include bio-diesel fuel.
121.575(2)(a)(a) The department may provide school transportation aids to school districts for the increased costs incurred by districts in utilizing bio-diesel fuel as compared with the costs of utilizing petroleum-diesel fuel for school bus transportation.
121.575(2)(b)
(b) If the department determines to provide aids to school districts under
par. (a), the department, in conjunction with the department of administration, shall apply to the federal government for bio-diesel fuel cost assistance for the purpose of financing payment of the aids. The department shall disburse federal aids received from the appropriation under
s. 20.255 (2) (m).
121.575(3)
(3) If the federal government requires, as a condition of full federal financial participation under
sub. (2) (b), that this state provide assistance for the purposes of
sub. (2) (a) from state resources, the department shall provide the assistance from the appropriation under
s. 20.255 (2) (cr) in the minimum amount required to obtain full federal financial participation.
121.575(4)(a)(a) Any school district that utilizes bio-diesel fuel for school bus transportation may apply to the department for state assistance to finance the costs of utilizing that fuel. Except as provided in
sub. (5), the department shall apportion assistance to school districts on the basis of the increased costs incurred by each school district in utilizing bio-diesel fuel as compared to the cost that the school district would have incurred in utilizing petroleum-diesel fuel for school bus transportation in the fiscal year preceding the fiscal year for which aids are paid, as adjusted to reflect any change in the statewide average cost of bio-diesel fuel for the current fiscal year as compared to the statewide average cost of such fuel for the preceding fiscal year.
121.575(4)(b)
(b) For purposes of
par. (a), if a school district does not utilize bio-diesel fuel for some or all of the school bus transportation provided by the school district in any fiscal year, the department shall compute and utilize, for purposes of this subsection, the cost differential that the school district would have incurred in utilizing bio-diesel fuel on the basis of statewide average costs.
121.575(4)(c)
(c) The department shall annually determine the statewide average cost of bio-diesel fuel and petroleum-diesel fuel for purposes of administration of this subsection.
121.575(4)(d)
(d) If in any fiscal year there are insufficient moneys available to reimburse all school districts that apply for state assistance under
par. (a) for the full amount of reimbursable costs under this subsection, the department shall, after making any required deduction under
sub. (5), prorate the available moneys among the school districts entitled thereto on a per pupil basis.
121.575(5)
(5) Each school district that receives aids under
sub. (2) (a) for any fiscal year shall report to the department, in the form prescribed by the department, a statement of its actual costs incurred in utilizing bio-diesel fuel for school bus transportation in that fiscal year. If the actual increased costs incurred by a school district in utilizing bio-diesel fuel for school bus transportation in any fiscal year, as compared to the costs that the school district would have incurred in utilizing petroleum-diesel fuel for school bus transportation, are less than the amount of the aids received by the school district under
sub. (2) (a) for that fiscal year, the department shall deduct the amount of the difference from the amount of the aids payable to the school district under
sub. (2) (a) for the current fiscal year.
121.575 History
History: 2005 a. 43.
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 following rates:
121.58(2)(a)1.
1. For each pupil so transported whose residence is at least 2 miles and not more than 5 miles from the school attended, $30 per school year in the 2005-06 school year and $35 per school year thereafter.
121.58(2)(a)2.
2. For each pupil so transported whose residence is more than 5 miles and not more than 8 miles from the school attended, $45 per school year in the 2005-06 school year and $55 per school year thereafter.
121.58(2)(a)3.
3. For each pupil so transported whose residence is more than 8 miles and not more than 12 miles from the school attended, $82 per school year in the 2005 school year and $110 per school year thereafter.
121.58(2)(a)4.
4. For each pupil so transported whose residence is more than 12 miles from the school attended, $180 per school year in the 2006-07 school year and $220 per school year thereafter.
121.58(2)(am)
(am) State aid under
par. (a) 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
pars. (a) and
(am), 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 in the 2005-06 school year and $15 per school year per pupil so transported thereafter. 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(2)(d)
(d) In addition to any other payments made under this section, the department shall allocate $35,000 annually to reimburse school districts for 75 percent of the costs incurred to transport pupils over ice from their residence on an island to school on the mainland and back to their residence on the island, including the costs of maintaining and storing equipment. If in any school year the amount to which school districts are entitled under this paragraph exceeds $35,000, the department shall prorate the payments among the eligible school districts.
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.
