118.52(6)(b) (b) Undue financial burden. The school board of a pupil's resident school district may reject an application to attend a course in a public school in a nonresident school district if the cost of the course would impose upon the resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil, and the per pupil cost for children continuing to be served by the resident school district.
Effective date note NOTE: Par. (b) is created eff. 7-1-18 by 2017 Wis. Act 59.
118.52(6)(c) (c) Pupil plan; high school graduation requirements. The school board of a pupil's resident school district, or, in the case of a pupil attending school in a district other than the pupil's resident school district pursuant to a whole grade sharing agreement under s. 118.50, the school board of the district in which the pupil is attending school, may reject an application by a pupil to attend a course at an educational institution if the resident school board or the school board of the district in which the pupil is attending school, respectively, determines that any of the following apply:
118.52(6)(c)1. 1. The course does not satisfy a high school graduation requirement under s. 118.33.
118.52(6)(c)2. 2. The course does not conform to or support the pupil's academic and career plan under s. 115.28 (59) (a), if any.
Effective date note NOTE: Par. (c) is repealed eff. 7-1-18 by 2017 Wis. Act 59.
118.52(8) (8)Appeal of rejection. If an application is rejected under sub. (3) (c) or a pupil is prohibited from attending a course in a public school in a nonresident school district under sub. (6), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department shall affirm the decision unless the department finds that the decision was arbitrary or unreasonable. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.
Effective date note NOTE: Sub. (8) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (8)Appeal of rejection. If an application is rejected under sub. (3) (c) or a pupil is prohibited from attending a course at an educational institution under sub. (6), the pupil's parent may appeal the decision to the department within 30 days after the decision. The department shall affirm the decision unless the department finds that the decision was arbitrary or unreasonable. The department's decision is final and is not subject to judicial review under subch. III of ch. 227.
118.52(9) (9)Rights and privileges of nonresident pupils. A pupil attending a course in a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.
Effective date note NOTE: Sub. (9) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (9)Rights and privileges of pupils. A pupil attending a course at an educational institution under this section has all of the rights and privileges of other pupils attending the educational institution and is subject to the same rules and regulations as those pupils.
118.52(10) (10)Disciplinary records. Notwithstanding s. 118.125, the resident school board shall provide to the nonresident school board to which a pupil has applied under this section, upon request by that school board, a copy of any expulsion findings and orders, a copy of records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding, and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.
Effective date note NOTE: Sub. (10) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (10)Disciplinary records. Notwithstanding s. 118.125, the resident school board shall provide to the educational institution to which a pupil has applied under this section, upon request by that educational institution, a copy of any expulsion findings and orders, a copy of records of any pending disciplinary proceeding involving the pupil, a written explanation of the reasons for the expulsion or pending disciplinary proceeding and the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceeding.
118.52(11) (11)Transportation.
118.52(11)(a)(a) Responsibility. The parent of a pupil attending a course in a public school in a nonresident school district under this section is responsible for transporting the pupil to and from the course that the pupil is attending.
Effective date note NOTE: Par. (a) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (a) Responsibility. The parent of a pupil attending a course at an educational institution under this section is responsible for transporting the pupil to and from the course that the pupil is attending.
118.52(11)(b) (b) Low-income assistance. The parent of a pupil who is attending a course in a public school in a nonresident school district under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the school at which the pupil is attending the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The department shall give preference under this paragraph to those pupils who satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).
Effective date note NOTE: Par. (b) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (b) Low-income assistance. The parent of a pupil who is attending a course at an educational institution under this section may apply to the department for reimbursement of the costs incurred by the parent for the transportation of the pupil to and from the pupil's residence or school in which the pupil is enrolled and the educational institution that the pupil is attending for the course if the pupil and parent are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The department shall give preference under this paragraph to those pupils who satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).
118.52(12) (12)Tuition. The resident school board shall pay to the nonresident school board, for each pupil attending a course in a public school in the nonresident school district under this section, an amount equal to the cost of providing the course to the pupil, calculated in a manner determined by the department.
Effective date note NOTE: Sub. (12) is shown as affected eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (12)Tuition. (a) The resident school board shall pay to the educational institution, for each resident pupil attending a course at the educational institution under this section, an amount equal to the cost of providing the course to the pupil, calculated in a manner determined by the department. Except as provided in par. (b), the educational institution may not charge to or receive from the pupil or the pupil's resident school board any additional payment for a pupil attending a course at the educational institution under this section.
Effective date text (b) An educational institution that is an institution of higher education may charge a pupil, or the parent or guardian of a minor pupil, additional tuition and fees for attending a course at the institution of higher education under this section, but only if the pupil will receive post-secondary credit for the successful completion of the course. The school board and the educational institution under this paragraph shall determine the amount of tuition and fees the educational institution may charge a pupil for attending such a course.
118.52 History History: 1997 a. 27, 41, 164.; 2001 a. 16; 2013 a. 20, 173; 2015 a. 55; 2017 a. 59.
118.52 Cross-reference Cross-reference: See also ch. PI 36, Wis. adm. code.
118.52 Annotation This section applies when a high school student attends an educational institution including the University of Wisconsin System (UWS) for the purpose of taking a course offered by the educational institution. Before the 2013 revision of this section, a high school student taking a concurrent enrollment course for college credit paid tuition to UWS, either directly or indirectly. Providing concurrent enrollment courses to high school students at no cost to the students is consistent with the legislative intent in revising this section. OAG 4-14.
118.53 118.53 Attendance by pupils enrolled in a home-based private educational program.
118.53(1) (1) In this section, “course" means study which has the fundamental purposes of developing the knowledge, concepts, and skills in a subject.
118.53(2) (2) In addition to the standards for admission under ss. 118.14, 118.145 (1), and 120.12 (25), the school board of a district shall determine the minimum standards for admission to a course offered by the school district in grades kindergarten through 8.
118.53(2m) (2m) A school board shall allow a pupil enrolled in a home-based private educational program who has not met the minimum standards for admission into high school under s. 118.145 (1) to attend up to 2 courses at a public school in the district during each school semester if the school board determines that the pupil qualifies for admission to those courses and if there is sufficient space in the classroom.
118.53(3) (3) A school board shall allow a pupil enrolled in a home-based private educational program, who has met the standards for admission under sub. (2), to attend up to 2 courses at a public school in the district during each school semester if the school board determines that there is sufficient space in the classroom.
118.53(4) (4) A pupil enrolled in a home-based private educational program and attending a public school under this section may attend one course in each of 2 school districts, but may not attend more than 2 courses in any semester.
118.53 History History: 2013 a. 20, 211.
118.55 118.55 Early college credit program.
118.55(1) (1)Definitions. In this section:
118.55(1)(b) (b) “Governing body of a private school” means a board elected or appointed to govern a private school or, if no board is appointed or elected to govern the school, any other person having direct charge of the private school.
118.55(1)(bm) (bm) “Institution of higher education" means all of the following:
118.55(1)(bm)1. 1. An institution within the University of Wisconsin System or a tribally controlled college.
118.55(1)(bm)2. 2. A private, nonprofit institution of higher education located in this state.
118.55(1)(c) (c) “Participating private school” means a private school attended by a pupil who has applied to take or is taking a course under this section.
Effective date note NOTE: Section 118.55 (title) and (1) are shown as affected eff. 7-1-18 by 2017 Wis. Act 59. Par. (bm) was numbered par. (a) by 2017 Wis. Act 59 and renumbered to par. (bm) by the legislative reference bureau under s. 13.92 (1) (bm) 2. Prior to 7-1-18 they read:
Effective date text 118.55Youth options program. (1)Definition. In this section, “institution of higher education" means an institution within the University of Wisconsin System, a tribally controlled college or a private, nonprofit institution of higher education located in this state.
118.55(2) (2)Enrollment in institution of higher education; application.
118.55(2)(a)(a) Subject to par. (b) and sub. (7t) (c), any public high school pupil who is not attending a technical college under s. 38.12 (14) or 118.15 (1) (b) and any high school pupil attending a private school may enroll in an institution of higher education for the purpose of taking one or more nonsectarian courses at the institution of higher education, including during a summer semester or session. The pupil shall submit an application to the institution of higher education in the previous school semester. The pupil shall indicate on the application whether he or she will be taking the course or courses for high school credit or postsecondary credit or both, if applicable. The pupil shall also specify on the application that, if he or she is admitted, the institution of higher education may disclose the pupil's grades, the courses that he or she is taking, and his or her attendance record to the public or private school in which the pupil is enrolled.
Effective date note NOTE: Par. (a) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (a) Subject to par. (b) and sub. (7t) (c), any public school pupil enrolled in the 11th or 12th grade who is not attending a technical college under sub. (7r) or s. 118.15 (1) (b) may enroll in an institution of higher education for the purpose of taking one or more nonsectarian courses at the institution of higher education. The pupil shall submit an application to the institution of higher education in the previous school semester. The pupil shall indicate on the application whether he or she will be taking the course or courses for high school credit or postsecondary credit. The pupil shall also specify on the application that if he or she is admitted the institution of higher education may disclose the pupil's grades, the courses that he or she is taking and his or her attendance record to the public school in which the pupil is enrolled.
118.55(2)(b) (b) Paragraph (a) applies to a private institution of higher education and to a tribally controlled college only if the private institution of higher education or tribally controlled college has notified the state superintendent of its intent to participate in the program under this section by September 1 of the previous school year.
118.55(3) (3)Notification of school board; determination of high school credit; notification of postsecondary credit.
118.55(3)(a)(a) A public school pupil who intends to enroll in an institution of higher education under this section shall notify the school board of the school district in which he or she is enrolled and a pupil attending a private school who intends to enroll in an institution of higher education under this section shall notify the governing body of the private school he or she attends of that intention no later than March 1 if the pupil intends to enroll in the fall semester, and no later than October 1 if the pupil intends to enroll in the spring semester. The notice shall include the titles of the courses in which the pupil intends to enroll and the number of credits of each course, and shall specify whether the pupil will be taking the courses for high school or postsecondary credit.
Effective date note NOTE: Sub. (3) (title) and (a) are shown as affected eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 they read:
Effective date text (3)Notification of school board; determination of high school credit. (a) A pupil who intends to enroll in an institution of higher education under this section shall notify the school board of the school district in which he or she is enrolled of that intention no later than March 1 if the pupil intends to enroll in the fall semester, and no later than October 1 if the pupil intends to enroll in the spring semester. The notice shall include the titles of the courses in which the pupil intends to enroll and the number of credits of each course, and shall specify whether the pupil will be taking the courses for high school or postsecondary credit.
118.55(3)(b) (b) If the public school pupil specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 and the number of high school credits to award the pupil for the course, if any. If the pupil attending a private school specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the governing body of the participating private school shall determine whether the course is comparable to a course offered at the private school, whether the course satisfies any requirements necessary for high school graduation, and the number of high school credits to award the pupil for the course, if any. In cooperation with institutions of higher education, the state superintendent shall develop guidelines to assist school districts and participating private schools in making the determinations. The school board or governing body shall notify the pupil of its determinations, in writing, before the beginning of the semester in which the pupil will be enrolled. If the public school pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the state superintendent within 30 days after the decision. The state superintendent's decision shall be final and is not subject to review under subch. III of ch. 227. If the pupil attending a participating private school disagrees with any decision of a governing body under this paragraph, the pupil may appeal the decision to the governing body within 30 days after the decision.
Effective date note NOTE: Par. (b) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (b) If the pupil specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 and the number of high school credits to award the pupil for the course, if any. In cooperation with institutions of higher education, the state superintendent shall develop guidelines to assist school districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the beginning of the semester in which the pupil will be enrolled. If the pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the state superintendent within 30 days after the decision. The state superintendent's decision shall be final and is not subject to review under subch. III of ch. 227.
118.55(3)(c) (c) If the pupil specifies in the notice under par. (a) that he or she intends to take a course for postsecondary credit at an institution of higher education that is within the University of Wisconsin System, the board of regents of the University of Wisconsin System shall notify the pupil whether credits earned for the course are transferable between and within institutions within the system.
Effective date note NOTE: Par. (c) is created eff. 7-1-18 by 2017 Wis. Act 59.
118.55(4) (4)Admission to institution of higher education; notification.
118.55(4)(a)(a) An institution of higher education shall admit a pupil to attend a course under this section if all of the following apply:
118.55(4)(a)1. 1. The pupil meets the requirements and prerequisites of the course.
118.55(4)(a)2. 2. There is space available in the course.
Effective date note NOTE: Par. (a) is shown as affected eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (4)Admission to institution of higher education; notification. (a) An institution of higher education may admit a pupil under this section only if it has space available.
118.55(4)(am) (am) A pupil may attend an institution of higher education under this section only if the institution of higher education complies with s. 118.13 (1).
118.55(4)(b) (b) If an institution of higher education admits a pupil, it shall notify the school board of the school district in which the pupil is enrolled or the governing body of the pupil's participating private school, in writing, within 30 days after the beginning of classes at the institution of higher education. The notification shall include the course or courses in which the pupil is enrolled.
Effective date note NOTE: Par. (b) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (b) If an institution of higher education admits a pupil, it shall notify the school board of the school district in which the pupil is enrolled, in writing, within 30 days after the beginning of classes at the institution of higher education. The notification shall include the course or courses in which the pupil is enrolled.
118.55(4)(c) (c) If a pupil is not admitted to attend the course that he or she specified in the notice under sub. (3) (a) but is admitted to attend a different course, the pupil shall immediately notify the school board of the school district in which he or she is enrolled or the governing body of the pupil's participating private school and the school board or governing body shall inform the pupil of its determinations under sub. (3) (b) regarding the course to which the pupil was admitted as soon as practicable.
Effective date note NOTE: Par. (c) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (c) If a pupil is not admitted to attend the course that he or she specified in the notice under sub. (3) (a) but is admitted to attend a different course, the pupil shall immediately notify the school board of the school district in which he or she is enrolled and the school board shall inform the pupil of its determinations under sub. (3) (b) regarding the course to which the pupil was admitted as soon as practicable.
118.55(5) (5)Responsibility for and determination of costs; payment and reimbursement for certain costs. Subject to sub. (7t), the school board of the school district in which a pupil attending an institution of higher education under this section is enrolled and the governing body of the participating private school attended by a pupil who is attending an institution of higher education under this section shall be responsible for the following amount:
Effective date note NOTE: Sub. (5) (intro.) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (5)Payment. Subject to sub. (7t), within 30 days after the end of the semester, the school board of the school district in which a pupil attending an institution of higher education under this section is enrolled shall pay the institution of higher education, on behalf of the pupil, the following amount for any course that is taken for high school credit and that is not comparable to a course offered in the school district:
118.55(5)(a) (a) If the pupil is taking a course for high school credit, regardless of whether the course is also taken for postsecondary credit, and if the course is not comparable to a course offered in the school district, 75 percent of the actual cost of tuition for the course, as determined under par. (d). If a pupil attending a private school is taking a course for high school credit, regardless of whether the course is also taken for postsecondary credit, and if the course is not comparable to a course offered by the participating private school, 75 percent of the actual cost of tuition for the course, as determined under par. (d). If the pupil takes a course described under this paragraph at a high school in a school district or at a participating private school, the school board of the school district or the governing body of the participating private school shall be responsible for the costs of books and other necessary materials for the course.
Effective date note NOTE: Par. (a) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (a) If the pupil is attending an institution within the University of Wisconsin System, the actual cost of tuition, fees, books and other necessary materials directly related to the course.
118.55(5)(b) (b) If the pupil is taking a course for postsecondary credit and if the course is not comparable to a course offered in the school district, 25 percent of the actual cost of tuition for the course, as determined under par. (d).
Effective date note NOTE: Par. (b) is created eff. 7-1-18 by 2017 Wis. Act 59.
118.55(5)(c) (c) If the pupil is attending a private institution of higher education, the lesser of the following:
118.55(5)(c)1. 1. The actual cost of tuition, fees, books and other necessary materials directly related to the course.
118.55(5)(c)2. 2. An amount determined by dividing the state total net cost of the general fund in the previous school year by the state total membership in the previous school year, dividing that quotient by the statewide average number of high school credits taken by full-time pupils in the previous school year, as determined by the state superintendent, and multiplying that quotient by the number of high school credits taken by the pupil at the private institution of higher education, as determined under sub. (3) (b). In this subdivision, “net cost" has the meaning given in s. 121.004 (6), and “membership" has the meaning given in s. 121.004 (5).
Effective date note NOTE: Par. (c) is repealed eff. 7-1-18 by 2017 Wis. Act 59.
118.55(5)(d) (d) If a school board or the governing body of a participating private school is required to pay tuition on behalf of a pupil under this subsection, the tuition charged for each credit assigned to the course may not exceed the following:
118.55(5)(d)1. 1. For an institution of higher education under sub. (1) (bm) 1., other than a University of Wisconsin college campus, as defined in s. 36.05 (6m), one-third of the amount that would be charged for each credit assigned to the course to an individual who is a resident of this state and who is enrolled in the educational institution as an undergraduate student. Subject to sub. (7t), neither the institution of higher education nor the school board nor the governing body may charge any additional costs or fees to a pupil to attend a course under this section.
118.55(5)(d)1m. 1m. For an institution of higher education under sub. (1) (bm) that is a University of Wisconsin college campus, as defined in s. 36.05 (6m), one-half of the amount that would be charged for each credit assigned to the course to an individual who is a resident of this state and who is enrolled in the college campus as an undergraduate student. Subject to sub. (7t), neither the college campus nor the school board may charge any additional costs or fees to a pupil to attend a course under this section.
118.55(5)(d)2. 2. For an institution of higher education under sub. (1) (bm) 2., one-third of the amount that would be charged for each credit assigned to a similar course offered by the University of Wisconsin-Madison to an individual who is a resident of this state and who is enrolled at the University of Wisconsin-Madison as an undergraduate student. Subject to sub. (7t), neither the institution of higher education nor the school board may charge any additional costs or fees to a pupil to attend a course under this section.
Effective date note NOTE: Par. (d) is shown as affected eff. 7-1-18 by 2017 Wis. Act 59, sections 1564m, 1565, and 1572.
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 135 and all Supreme Court and Controlled Substances Board Orders effective on or before December 14, 2017. Published and certified under s. 35.18. Changes effective after December 14, 2017 are designated by NOTES. (Published 12-14-17)