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2021 - 2022 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 122
April 9, 2021 - Offered by Representative Sortwell.
AB122-AA1,1,11 At the locations indicated, amend the bill as follows:
AB122-AA1,1,2 21. Page 3, line 2: after that line insert:
AB122-AA1,1,4 3 Section 1m. 27.01 (7) (c) 10. of the statutes, as affected by 2021 Wisconsin Act
4.... (this act), is amended to read:
AB122-AA1,2,55 27.01 (7) (c) 10. Any motor vehicle operated for the purpose of transporting
6pupils to or from curricular or extracurricular activities of a public or private school,
7a tribal school as defined in s. 115.001 (15m), a microschool under s. 118.15 (4c), or
8a home-based private educational program under s. 118.15 (4) or for the purpose of
9transporting students to or from an outdoor academic class given by an accredited
10college or university in this state. The operator of a motor vehicle transporting pupils
11or students under this subdivision shall possess and exhibit for inspection a written
12authorization from an administrator of the school, microschool, home-based private
13educational program, or college or university indicating that admission to the vehicle

1admission area is part of an official school, microschool, home-based private
2educational program, or college or university function and indicating the date for
3which the authorization is applicable. A separate authorization is required for each
4date on which the motor vehicle is admitted to the vehicle admission area under this
5subdivision.”.
AB122-AA1,2,6 62. Page 3, line 13: after that line insert:
AB122-AA1,2,8 7 Section 2m. 36.49 (4) of the statutes, as affected by 2021 Wisconsin Act ....
8(this act), is amended to read:
AB122-AA1,2,189 36.49 (4) Award the balance in annual scholarships called “Wisconsin Merit
10scholarships,” which shall be based only on merit, to students who are enrolled in an
11institution or college campus and who have either graduated from high school in this
12state or been granted a high school diploma by the administrator of a microschool,
13as defined in s. 115.001 (3p), or
home-based private educational program, as defined
14in s. 115.001 (3g), in this state. The board shall determine merit based on a
15performance on standardized college entrance examinations and, if applicable,
16cumulative high school grade point averages. An annual scholarship awarded to a
17student under this subsection shall equal $5,000. This subsection does not apply
18beginning on April 1, 2023.”.
AB122-AA1,2,19 193. Page 3, line 21: after that line insert:
AB122-AA1,2,21 20 Section 3m. 115.001 (3p) of the statutes, as created by 2021 Wisconsin Act
21.... (this act), is repealed.”.
AB122-AA1,2,22 224. Page 4, line 4: after that line insert:
AB122-AA1,2,24 23 Section 4m. 115.28 (7) (e) 1. of the statutes, as affected by 2021 Wisconsin Act
24.... (this act), is amended to read:
AB122-AA1,3,7
1115.28 (7) (e) 1. In this paragraph, “alternative education program" means an
2instructional program, approved by the school board, that utilizes successful
3alternative or adaptive school structures and teaching techniques and that is
4incorporated into existing, traditional classrooms or regularly scheduled curricular
5programs or that is offered in place of regularly scheduled curricular programs.
6“Alternative educational program" does not include a private school, a tribal school,
7a microschool, or a home-based private educational program.”.
AB122-AA1,3,8 85. Page 4, line 12: after that line insert:
AB122-AA1,3,10 9 Section 5m. 115.28 (54m) of the statutes, as affected by 2021 Wisconsin Act
10.... (this act), is amended to read:
AB122-AA1,3,1711 115.28 (54m) Notice of educational options. Include on the home page of the
12department's Internet site a link to information about all of the educational options
13available to children in the state who are at least 3 years old but not yet 18 years old,
14including public schools, private schools participating in a parental choice program,
15charter schools, virtual schools, full-time or part-time open enrollment in a
16nonresident school district, the early college credit program, and options for pupils
17enrolled in a microschool or home-based private educational program.”.
AB122-AA1,3,20 186. Page 4, line 23: after “s. 118.165 (1)." insert “Before the beginning of each
19school year, the family units participating in a microschool shall meet and select an
20individual to serve as the administrator of the microschool for the school year.
".
AB122-AA1,3,21 217. Page 4, line 23: after that line insert:
AB122-AA1,3,23 22 Section 6m. 115.30 (3) of the statutes, as affected by 2021 Wisconsin Act ....
23(this act), is amended to read:
AB122-AA1,4,13
1115.30 (3) On or before each October 15, each administrator of a public or
2private school system, a microschool, or a home-based private educational program
3shall submit, on forms provided by the department, a statement of the enrollment
4on the 3rd Friday of September in the elementary and high school grades under his
5or her jurisdiction to the department which shall prepare such reports as will enable
6the public and private schools, microschools, and home-based private educational
7programs to make projections regarding school buildings, teacher supply and funds
8required. The administrator of each private school system, microschool, and
9home-based private educational program shall indicate in his or her report whether
10the system, microschool, or program meets all of the criteria under s. 118.165 (1).
11Before the beginning of each school year, the family units participating in a
12microschool shall meet and select an individual to serve as the administrator of the
13microschool for the school year.
”.
AB122-AA1,4,14 148. Page 5, line 10: after that line insert:
AB122-AA1,4,16 15 Section 7m. 115.385 (4) of the statutes, as affected by 2021 Wisconsin Act ....
16(this act), is amended to read:
AB122-AA1,5,217 115.385 (4) Annually, each public school, including a charter school, and each
18private school participating in a parental choice program under s. 118.60 or 119.23
19shall provide a copy of the school's accountability report to the parent or guardian of
20each pupil enrolled in or attending the school. Each school shall simultaneously
21provide to the parent or guardian of each pupil enrolled in the school a list of the
22educational options available to children who reside in the pupil's resident school
23district, including public schools, private schools participating in a parental choice
24program, charter schools, virtual schools, full-time or part-time open enrollment in

1a nonresident school district, the early college credit program, and options for pupils
2enrolled in a microschool or home-based private educational program.”.
AB122-AA1,5,3 39. Page 5, line 20: after that line insert:
AB122-AA1,5,5 4 Section 8m. 115.45 (2) (a) of the statutes, as affected by 2021 Wisconsin Act
5.... (this act), is amended to read:
AB122-AA1,5,146 115.45 (2) (a) Annually, the department shall notify school boards, operators
7of charter schools under s. 118.40 (2r) and (2x), governing bodies of private schools,
8administrators of microschools, and administrators of home-based private
9educational programs that applications for grants to participate in one or more
10robotics competitions will be accepted from eligible teams through a date set forth
11in the notice. As a condition of receiving a grant under this section, an applicant
12eligible team shall demonstrate to the satisfaction of the department that the
13applicant eligible team will provide matching funds in an amount equal to the
14amount awarded under this section.”.
AB122-AA1,5,15 1510. Page 6, line 9: after that line insert:
AB122-AA1,5,17 16 Section 9m. 118.133 (1) of the statutes, as affected by 2021 Wisconsin Act ....
17(this act), is amended to read:
AB122-AA1,5,2218 118.133 (1) Interscholastic athletics. (a) A school board shall permit a pupil
19who resides in the school district and is enrolled in a microschool or home-based
20private educational program to participate in interscholastic athletics in the school
21district on the same basis and to the same extent that it permits pupils enrolled in
22the school district to participate.
AB122-AA1,6,523 (b) Upon request, the microschool or home-based educational program in
24which the pupil is enrolled shall provide the school board with a written statement

1that the pupil meets the school board's requirements for participation in
2interscholastic athletics based on age and academic and disciplinary records. No
3person may provide a false statement under this paragraph. The school board may
4not question the accuracy or validity of the statement or request additional
5information.”.
AB122-AA1,6,6 611. Page 6, line 15: after that line insert:
AB122-AA1,6,8 7 Section 10m. 118.133 (2) of the statutes, as affected by 2021 Wisconsin Act
8.... (this act), is amended to read:
AB122-AA1,6,139 118.133 (2) Extracurricular activities. A school board shall permit a pupil
10who resides in the school district and is enrolled in a microschool or home-based
11private educational program to participate in extracurricular activities in the school
12district on the same basis and to the same extent that it permits pupils enrolled in
13the school district to participate.”.
AB122-AA1,6,14 1412. Page 6, line 23: after that line insert:
AB122-AA1,6,16 15 Section 11m. 118.15 (1) (a) of the statutes, as affected by 2021 Wisconsin Act
16.... (this act), is amended to read:
AB122-AA1,6,2317 118.15 (1) (a) Except as provided under pars. (b) to (d) and (g) and subs. sub.
18(4) and (4c), unless the child is excused under sub. (3) or has graduated from high
19school, any person having under control a child who is between the ages of 6 and 18
20years shall cause the child to attend school regularly during the full period and
21hours, religious holidays excepted, that the public, private, or tribal school in which
22the child should be enrolled is in session until the end of the school term, quarter or
23semester of the school year in which the child becomes 18 years of age.”.
AB122-AA1,6,24 2413. Page 7, line 2: after that line insert:
AB122-AA1,7,2
1 Section 12m. 118.15 (4c) of the statutes, as created by 2021 Wisconsin Act ....
2(this act) is repealed.”.
AB122-AA1,7,3 314. Page 7, line 8: after that line insert:
AB122-AA1,7,5 4 Section 13m. 118.153 (1) (b) of the statutes, as affected by 2021 Wisconsin Act
5.... (this act), is amended to read:
AB122-AA1,7,106 118.153 (1) (b) “Dropout" means a child who ceased to attend school, does not
7attend a public, private, or tribal school, technical college, microschool, or
8home-based private educational program on a full-time basis, has not graduated
9from high school, and does not have an acceptable excuse under s. 118.15 (1) (b) to
10(d) or (3).”.
AB122-AA1,7,11 1115. Page 7, line 11: after that line insert:
AB122-AA1,7,13 12 Section 14m. 118.162 (1) (km) of the statutes, as created by 2021 Wisconsin
13Act .... (this act), is repealed.”.
AB122-AA1,7,14 1416. Page 7, line 14: after that line insert:
AB122-AA1,7,16 15 Section 15m. 118.53 (title) of the statutes, as affected by 2021 Wisconsin Act
16.... (this act), is amended to read:
AB122-AA1,7,18 17118.53 (title) Attendance by pupils enrolled in a microschool or
18home-based private educational program.”.
AB122-AA1,7,19 1917. Page 8, line 5: after that line insert:
AB122-AA1,7,21 20 Section 16m. 118.53 (2m), (3) and (4) of the statutes, as affected by 2021
21Wisconsin Act .... (this act), are amended to read:
AB122-AA1,8,322 118.53 (2m) A school board shall allow a pupil enrolled in a microschool or
23home-based private educational program who has not met the minimum standards
24for admission into high school under s. 118.145 (1) to attend up to 2 courses at a public

1school in the district during each school semester if the school board determines that
2the pupil qualifies for admission to those courses and if there is sufficient space in
3the classroom.
AB122-AA1,8,8 4(3) A school board shall allow a pupil enrolled in a microschool or home-based
5private educational program, who has met the standards for admission under sub.
6(2), to attend up to 2 courses at a public school in the district during each school
7semester if the school board determines that there is sufficient space in the
8classroom.
AB122-AA1,8,11 9(4) A pupil enrolled in a microschool or home-based private educational
10program and attending a public school under this section may attend one course in
11each of 2 school districts, but may not attend more than 2 courses in any semester.”.
AB122-AA1,8,12 1218. Page 8, line 14: after that line insert:
AB122-AA1,8,14 13 Section 17m. 118.60 (7) (b) 3. of the statutes, as affected by 2021 Wisconsin
14Act .... (this act), is amended to read:
AB122-AA1,8,2215 118.60 (7) (b) 3. Ensure that any teacher's aide employed by the private school
16has graduated from high school, been granted a declaration of equivalency of high
17school graduation, been granted a high school diploma by the administrator of a
18microschool or home-based private educational program, or been issued a general
19educational development certificate of high school equivalency, or has obtained a
20degree or educational credential higher than a high school diploma, declaration of
21equivalency of high school graduation, or general educational development
22certificate of high school equivalency.”.
AB122-AA1,8,23 2319. Page 8, line 23: after that line insert:
AB122-AA1,9,2
1 Section 18m. 119.23 (7) (b) 3. of the statutes, as affected by 2021 Wisconsin
2Act .... (this act), is amended to read:
AB122-AA1,9,103 119.23 (7) (b) 3. Ensure that any teacher's aide employed by the private school
4has graduated from high school, been granted a declaration of equivalency of high
5school graduation, been granted a high school diploma by the administrator of a
6microschool or home-based private educational program, or been issued a general
7educational development certificate of high school equivalency, or has obtained a
8degree or educational credential higher than a high school diploma, declaration of
9equivalency of high school graduation, or general educational development
10certificate of high school equivalency.”.
AB122-AA1,9,11 1120. Page 9, line 11: after that line insert:
AB122-AA1,9,13 12 Section 19m. 120.18 (1) (a) 2. of the statutes, as affected by 2021 Wisconsin
13Act .... (this act), is amended to read:
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