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.
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 for school districts not participating in the program under s.121.575 shall be prorated as though the minimum amount under
s. 121.575 (3) had not been made and state aid payments for school districts participating in the program under
s. 121.575 shall be prorated after deducting the minimum amount under
s. 121.575 (3).
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 in s.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.
121.78
121.78
Tuition payments by school districts. 121.78(1)(a)(a) The school board of the district of residence and the school board of the district of attendance may make a written agreement to permit an elementary or high school pupil to attend a public school, including an out-of-state school, outside the school district of residence, and the school district of residence shall pay the tuition. The school district of residence shall be paid state aid as though the pupil were enrolled in the school district of residence.
121.78(1)(b)
(b) A school board, upon its own order, may provide for the enrollment of a pupil in a public school located outside this state, if the course of study in such school is equivalent to the course of study in this state and if the school is at least 1.5 miles nearer the pupil's home than any public school in this state. The school board shall pay the tuition for such pupil and the school district shall be paid state aid as though such pupil was enrolled in the school district of residence. The school board shall pay for the transportation of a pupil so enrolled who resides 2 or more miles from such out-of-state school. The school district shall be paid state aid under
subch. IV for the transportation of such pupil as though the pupil had been transported to the school of the school district of residence.
121.78(1)(c)1.1. The parent or guardian of a pupil may request the school board of the school district in which the pupil resides to provide for the enrollment of the pupil at a public school located outside this state under
par. (b). The request shall be in writing. If the school board denies the request, the parent or guardian may request the school district boundary appeal board, in writing, to review the denial. Failure of a school board to act on a written request within 45 days of its submission to the school board constitutes a denial reviewable by the school district boundary appeal board.
121.78(1)(c)2.
2. Upon receipt of a request for review, the school district boundary appeal board may order the school board to pay tuition and transportation costs, as provided in
par. (b), for the pupil's attendance at the out-of-state public school if the board finds that the course of study in the out-of-state public school is equivalent to the course of study in this state, the out-of-state public school is at least 1.5 miles nearer the pupil's home than any public school in this state, unusual hazards exist for the transportation of the pupil to and from the public school in his or her school district of residence, the out-of-state public school agrees to accept the pupil, and the tuition for the pupil does not exceed the per pupil costs of the out-of-state public school that are attributable to the enrollment of Wisconsin pupils.
121.78(1)(c)3.
3. The school district of residence shall be paid state aid for a pupil attending an out-of-state public school under this paragraph as though the pupil was enrolled in the school district, and shall be paid transportation aid under
subch. IV as though the pupil had been transported to the school of the school district of residence.
121.78(2)(a)(a) The school board of a district operating high school grades shall permit a high school pupil who resides in the school district as the result of school district reorganization under
ch. 117 and has completed 9th and 10th grades at one high school outside the school district to complete the pupil's high school education at that high school. The school board of residence shall pay tuition for the pupil. If the parent or guardian of the pupil has paid tuition in order to enroll the pupil in the high school, the school board of residence shall reimburse the parent or guardian for the tuition upon receipt of a tuition claim within 3 years from the date the tuition was paid.
121.78(2)(b)
(b) A school district created or altered by a reorganization under
ch. 117, in its first year of operating high school grades, may provide for its 11th and 12th grade pupils on a tuition basis and, in its 2nd such year, may provide for its 12th grade pupils on a tuition basis. The clerk of the school district in which nonresident pupils under this subsection are enrolled shall certify the number of such pupils enrolled to the department and to the clerk of their school district of residence. The school district of residence shall include such pupils in membership for aid under
subch. II.
121.78(2)(bm)
(bm) The school board of a school district from which territory was detached to create a school district under
s. 117.105 and the school board of the school district created under
s. 117.105 shall permit a pupil who resides in the territory that was detached to continue to attend school in the school district from which the territory was detached until the school district created by the reorganization begins offering instruction at the pupil's grade level. The school board of the school district created by the reorganization shall pay tuition for the pupil.
121.78(2)(br)
(br) The school board of a school district from which territory was detached to create a school district under
s. 117.105 and the school board of the school district created under
s. 117.105 shall permit a pupil who resides in the territory that was detached and has gained 12th grade status in the school district from which the territory was detached to continue to attend school in the school district from which the territory was detached. The school board of the school district created by the reorganization shall pay tuition for the pupil.
121.78(2)(c)
(c) A school district created or altered by a reorganization under
ch. 117 which has at least one operating high school within its territory and which does not have sufficient building facilities to provide high school educational services for all of the high school pupils residing in the reorganized school district may provide for such high school pupils on a tuition basis for a period of 2 years. The reorganized school district shall be eligible for state aid in accordance with
par. (b).
121.78(3)
(3) Special placement. Pupils may be placed in:
121.78(4)
(4) Court-ordered educational services. If a pupil is receiving educational services as the result of a court order under
s. 48.345 (12) or
938.34 (7d), the school board of the school district in which the pupil resided at the time of issuance of the court order shall pay tuition for the pupil. A school board paying tuition for a pupil under this subsection shall count the pupil as 1.0 pupil in membership for general aid under
subch. II. The school board shall pay each agency specified under
s. 48.345 (12) (a) 2. to
4. or
938.34 (7d) (a) 2. to
4., for each full-time equivalent pupil served by the agency, an amount equal to at least 80% of the average per pupil cost for the school district. No state aid may be paid to the technical college district for pupils attending the technical college under
s. 48.345 (12) (a) 4. or
938.34 (7d) (a) 4.
121.79
121.79
Tuition payments by state. 121.79(1)
(1) The state shall pay tuition from the appropriation under
s. 20.255 (2) (cg) for pupils attending public schools in the following cases:
