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LRB-1444/1
FFK:cjs
2021 - 2022 LEGISLATURE
January 28, 2021 - Introduced by Senators Stroebel, Bernier, Felzkowski,
Jacque, Nass and Marklein, cosponsored by Representatives Dittrich,
Rozar, Magnafici, Brooks, Skowronski and Edming. Referred to Committee
on Education.
SB39,1,4 1An Act to amend 118.133 (1) (a), 118.133 (1) (b) and 118.133 (2) of the statutes;
2relating to: participation in interscholastic athletics and extracurricular
3activities and school district membership in an interscholastic athletic
4association in the 2021-22 school year.
Analysis by the Legislative Reference Bureau
Interscholastic athletics and extracurricular activities; virtual charter
school pupils
The bill allows a pupil who attends a virtual charter school to participate in
interscholastic athletics and extracurricular activities in the pupil's resident school
district.
Under current law, a school board must allow a homeschooled pupil who resides
in the school district to participate in interscholastic athletics and extracurricular
activities. Current law further provides that a school board may charge a
homeschooled pupil a participation fee on the same basis that the school board
charges participation fees to pupils enrolled in the school district. The bill extends
these provisions to pupils who attend a virtual charter school. Under the bill, a
school board may charge a virtual charter school pupil a participation fee on the same
basis it charges participation fees to pupils enrolled in the school district.
Interscholastic athletic association; transfer rules in the 2020-21 and
2021-22 school years
This bill prohibits a school district from being a member of an interscholastic
athletic association in the 2021-22 school year unless, during the 2020-21 and

2021-22 school years, the association allows an exception to the association's
transfer rules based on the manner in which educational programming was
delivered during the 2020-21 and 2021-22 school years. Specifically, under the bill,
for purposes of eligibility during the 2020-21 and 2021-22 school years, the
interscholastic athletic association must consider the method by which educational
programming was delivered during the 2020-21 or 2021-22 school year to be an
extenuating circumstance that justifies transferring schools. Under the bill, the
“method of delivering educational programming” includes virtual instruction,
in-person instruction, and a combination of both virtual and in-person instruction.
Additionally, if a waiver is granted based on the method of delivering educational
programming in the 2020-21 or 2021-22 school year, the association must allow the
pupil to play any level of athletics, including varsity athletics.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB39,1 1Section 1 . 118.133 (1) (a) of the statutes is amended to read:
SB39,2,62 118.133 (1) (a) A school board shall permit a pupil who resides in the school
3district and is enrolled in a home-based private educational program or a virtual
4charter school
to participate in interscholastic athletics in the school district on the
5same basis and to the same extent that it permits pupils enrolled in the school district
6to participate.
SB39,2 7Section 2 . 118.133 (1) (b) of the statutes is amended to read:
SB39,2,148 118.133 (1) (b) Upon request, the home-based educational program or virtual
9charter school
in which the pupil is enrolled shall provide the school board with a
10written statement that the pupil meets the school board's requirements for
11participation in interscholastic athletics based on age and academic and disciplinary
12records. No person may provide a false statement under this paragraph. The school
13board may not question the accuracy or validity of the statement or request
14additional information.
SB39,3
1Section 3. 118.133 (2) of the statutes is amended to read:
SB39,3,62 118.133 (2) Extracurricular activities. A school board shall permit a pupil
3who resides in the school district and is enrolled in a home-based private educational
4program or a virtual charter school to participate in extracurricular activities in the
5school district on the same basis and to the same extent that it permits pupils
6enrolled in the school district to participate.
SB39,4 7Section 4. Nonstatutory provisions.
SB39,3,128 (1) Interscholastic athletic association membership; 2021-22 school year. In
9the 2021-22 school year, no school district may be a member of an interscholastic
10athletic association unless, for purposes of determining pupil eligibility during the
112020-21 and 2021-22 school years, the interscholastic athletic association does all
12of the following:
SB39,3,1913 (a) If a request to waive the association's transfer rules is submitted on behalf
14of a pupil, considers the method by which educational programming was delivered
15during the 2020-21 and 2021-22 school years to be an extenuating circumstance
16that justifies the pupil transferring schools. For purposes of this paragraph, the
17method by which educational programming was delivered includes virtual
18instruction, in-person instruction, or a combination of virtual and in-person
19instruction.
SB39,3,2220 (b) If a waiver is granted based on the extenuating circumstance described in
21par. (a), allows the pupil to participate in all levels of competition, including varsity
22competition, during the 2020-21 and 2021-22 school years.
SB39,5 23Section 5. Effective dates. This act takes effect on the day after publication,
24except as follows:
SB39,4,3
1(1) Interscholastic athletics and extracurriculars; virtual charter school
2pupils.
The treatment of s. 118.133 (1) (a) and (b) and (2) takes effect on the July 1
3after publication.
SB39,4,44 (End)
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