Chapter 118

118.52(1)(e) (e) “Resident school district” means the school district in which a pupil resides.

118.52(2) (2) Applicability. Beginning in the 2018-19 school year, a pupil enrolled in a public school in the high school grades may attend public school in a nonresident school district under this section for the purpose of taking a course offered by the nonresident school district. A pupil may attend no more than 2 courses at any time in nonresident school districts under this section.

118.52(3) (3) Application procedures.

118.52(3)(a) (a) The parent of a pupil who wishes to attend public school in a nonresident school district for the purpose of taking a course under this section shall submit an application, on a form provided by the department, to the school board of the nonresident school district in which the pupil wishes to attend a course not later than 6 weeks prior to the date on which the course is scheduled to commence. The application shall specify the course that the pupil wishes to attend and may specify the school or schools at which the pupil wishes to attend the course. The nonresident school board shall send a copy of the application to the pupil’s resident school board, except that if the pupil is attending a school in a school district other than the pupil’s resident school district pursuant to a whole grade sharing agreement under s. 118.50, the nonresident school district to which the pupil applies under this section shall send a copy of the application to the school board of the district in which the pupil is attending school pursuant to the whole grade sharing agreement.

118.52(3)(b) (b) If a nonresident school board receives more applications for a particular course than there are spaces available in the course, the nonresident school board shall determine which pupils to accept on a random basis.

118.52(3)(c) (c) No later than one week prior to the date on which the course is scheduled to commence, the nonresident school board shall notify the applicant and the resident school board, in writing, whether the application has been accepted and, if the application is accepted, the school at which the pupil may attend the course. If the applicant pupil is attending a school in a school 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 to which the pupil applies under this section shall provide the notice required under this paragraph to the school board of the district in which the pupil is attending school pursuant to the whole grade sharing agreement. The acceptance applies only for the following semester, school year, or other session in which the course is offered. If the school board of the district to which the pupil applies under this section rejects an application, it shall include in the notice the reason for the rejection.

118.52(3)(d) (d) No later than one week prior to the date on which the course is scheduled to commence, the resident school board, or, in the case of a pupil attending a school in a school 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, shall do all of the following:

118.52(3)(d)1. 1. If it denies an application to attend public school in a nonresident school district under sub. (6), notify the applicant and the nonresident school board, in writing, that the application has been denied and include in the notice the reason for the rejection.

118.52(3)(d)2. 2. If it determines that the course does not satisfy high school graduation requirements under s. 118.33 in the resident school district, notify the applicant in writing.

118.52(3)(e) (e) Following receipt of a notice of acceptance but prior to the date on which the course is scheduled to commence, the pupil’s parent shall notify the resident school board, or, if the pupil is attending school in a school 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, and the school board of the district to which the pupil applies under this section of the pupil’s intent to attend the course in the school district to which the pupil applies under this section.

118.52(4) (4) Adoption of policies and criteria. By February 1, 1998, each school board shall adopt a resolution specifying the criteria and policies described in subs. (5) and (6). If the school board wishes to revise the criteria or policies, it shall do so by resolution.

118.52(5) (5) Nonresident school district acceptance and rejection criteria. School board policies and criteria for accepting and rejecting applications under sub. (3) from pupils who reside in another school district shall be the same as the policies and criteria for entry into the course that apply to pupils who reside in the school district, except that the school board may give preference in attendance in a course to residents of the school district.

118.52(6) (6) Resident school district rejection criteria.

118.52(6)(a) (a) Individualized education program requirements. The school board of a pupil’s resident school district, or, if the pupil is attending school in a school 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, shall reject a pupil’s application to attend a course in a public school in a nonresident school district under this section if the resident school board or the school board of the district in which the pupil is attending school, respectively, determines that the course conflicts with the individualized education program for the pupil under s. 115.787 (2).

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.

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.

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.

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.

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.

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).

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.

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.

118.55(2) (2) Enrollment in institution of higher education; application. Subject to 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.

118.55(3) (3) Notification of intent; 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 or the governing board of the charter school under s. 118.40 (2r) or (2x) that he or she attends 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.

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 or governing board of the charter school under s. 118.40 (2r) or (2x) shall determine whether the course is comparable to a course offered in the school district or charter school, whether the course satisfies any high school graduation requirements, 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 boards, governing boards of charter schools under s. 118.40 (2r) or (2x), and participating private schools in making the determinations. The school board, governing 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 decision of a school board or governing board of a charter school under s. 118.40 (2r) or (2x) 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 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.

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.

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.

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, the governing board of the charter school under s. 118.40 (2r) or (2x) the pupil attends, 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.

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, the governing board of the charter school under s. 118.40 (2r) or (2x) the pupil attends, or the governing body of the pupil’s participating private school and the school board, governing 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.

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, the governing board of the charter school under s. 118.40 (2r) or (2x) attended by a pupil who is attending an institution of higher education under this section, 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:

118.55(5)(a) (a) If the public high school 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 or at the charter school, 75 percent of the actual cost of tuition for the course, as determined under par. (d). If a private high school 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, at a charter school under s. 118.40 (2r) or (2x), or at a participating private school, the school board of the school district, the governing board of the charter school, or the governing body of the participating private school is responsible for the costs of books and other necessary materials for 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, at the charter school under s. 118.40 (2r) or (2x), or at the participating private school, 25 percent of the actual cost of tuition for the course, as determined under par. (d).

118.55(5)(d) (d) If a school board, the governing board of a charter school under s. 118.40 (2r) or (2x), 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, governing board, or 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 or governing 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 or governing board may charge any additional costs or fees to a pupil to attend a course under this section.

118.55(5)(e) (e)

118.55(5)(e)1. 1. Subject to sub. (7t), within 30 days after the end of the semester, the school board of the school district in which a pupil who attended an institution of higher education under this section was enrolled, the governing board of the charter school under s. 118.40 (2r) or (2x) attended by a pupil who attended an institution of higher education under this section, and the governing body of a participating private school attended by a pupil who attended the institution of higher education under this section shall pay the institution, on behalf of the pupil, the amount determined under par. (d) and shall submit an itemized report to the department of the amounts paid under this subdivision.

118.55(5)(e)2. 2. Subject to subd. 3., from the appropriation under s. 20.445 (1) (d), the secretary of the department of workforce development shall, on behalf of the school board of a school district in which a pupil who attended an institution of higher education under this section was enrolled, on behalf of the governing board of the charter school under s. 118.40 (2r) or (2x) attended by a pupil who attended an institution of higher education under this section, and on behalf of the governing body of a participating private school and a pupil who attended the private school and who attended an institution of higher education under this section, pay to the department of public instruction the following amount:

118.55(5)(e)2.a. a. For a pupil who took a course for high school credit, as described in par. (a), 25 percent of the actual cost of tuition for the course, as determined under par. (d). The department of public instruction shall reimburse the school board of the school district, governing board of the charter school, or the governing body of the private school the amount received from the department of workforce development under this subd. 2. a.

118.55(5)(e)2.b. b. For a pupil who took a course for postsecondary credit, as described in par. (b), 50 percent of the actual cost of tuition for the course, as determined under par. (d). The department of public instruction shall reimburse the school board of the school district, governing board of the charter school, or the governing body of the private school the amount received from the department of workforce development under this subd. 2. b.

118.55(5)(e)3. 3. If the appropriation under s. 20.445 (1) (d) in any fiscal year is insufficient to reimburse all school districts, governing boards, and governing bodies eligible for the full amount of reimbursable tuition costs under subd. 2., the secretary of the department of workforce development shall notify the state superintendent, who shall prorate the amount of the payments under subd. 2. among eligible school districts, governing boards, and governing bodies.

118.55(6) (6) Responsibility of pupil for tuition and fees; institution of higher education.

118.55(6)(a) (a) Subject to sub. (7t), a pupil taking a course at an institution of higher education for high school credit under this section is not responsible for any portion of the tuition and fees for the course if the school board, the governing board of a charter school under s. 118.40 (2r) or (2x), the state superintendent on appeal under sub. (3) (b), the governing body of the participating private school, or the governing body on appeal under sub. (3) (b) has determined that the course is not comparable to a course offered in the school district, at the charter school, or at the participating private school, whichever is applicable.

118.55(6)(b) (b) A pupil taking a course at an institution of higher education for high school credit under this section is responsible for the tuition and fees for the course if the school board, the governing board of a charter school under s. 118.40 (2r) or (2x), or the governing body of the participating private school has determined that the course is comparable to a course offered in the school district, at the charter school, or at the participating private school, unless the state superintendent or the governing body reverses the decision of the school board, governing board, or governing body, respectively, on appeal under sub. (3) (b).

118.55(6)(c) (c)

118.55(6)(c)1. 1. Except as provided in subd. 2., a pupil taking a course under this section at an institution of higher education only for postsecondary credit is responsible for 25 percent of the actual cost of tuition for the course, as determined under sub. (5) (d). The school board of the school district in which the pupil attending an institution under this section is enrolled, the governing board of the charter school under s. 118.40 (2r) or (2x) attended by a pupil attending an institution of higher education under this section, and the governing body of a participating private school attended by a pupil attending an institution of higher education under this section shall establish a written policy governing the timing and method for recovering from the pupil or the pupil’s parent or guardian the pupil’s share of tuition as specified in this subdivision.

118.55(6)(c)2. 2. The school board, governing board of the charter school under s. 118.40 (2r) or (2x), or the governing body of the participating private school shall waive the pupil’s responsibility for costs under subd. 1. if the department determines that the cost of the course would pose an undue financial burden on the pupil’s family.

118.55(7g) (7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education or technical college under this section and is taking a course for high school credit may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school or participating private school in which the pupil is enrolled and the institution of higher education or technical college that the pupil is attending if the pupil and the pupil’s parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cy). The state superintendent shall give preference under this subsection to those pupils who satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

118.55(7t) (7t) Limitations on participation and payment.

118.55(7t)(a) (a) A school board, governing board of a charter school under s. 118.40 (2r) or (2x), or governing body of a participating private school may establish a written policy limiting the number of credits for which the school board, governing board, or governing body will pay under sub. (5) and s. 38.12 (14) (d) to the equivalent of 18 postsecondary semester credits per pupil.

118.55(7t)(c) (c) If a pupil receives a failing grade in a course, or fails to complete a course, at an institution of higher education or technical college for which the school board, governing board of a charter school under s. 118.40 (2r) or (2x), or governing body of a participating private school has made payment, the pupil’s parent or guardian, or the pupil if he or she is an adult, shall reimburse the school board, governing board, or governing body the amount paid on the pupil’s behalf upon the request of the school board, governing board, or governing body. If a school board, governing board, or governing body that requests reimbursement of a payment made under this section is not reimbursed as requested, the pupil on whose behalf the payment was made is ineligible for any further participation in the program under this section. For the purposes of this paragraph, a grade that constitutes a failing grade for a course offered in the school district, at the charter school under s. 118.40 (2r) or (2x), or at the participating private school constitutes a failing grade for a course taken at an institution of higher education or technical college under this section.

118.55(8) (8) Program information; agreement.

118.55(8)(a) (a) Annually by October 1, each school board shall provide information about the program under this section to all pupils enrolled in the school district in the 8th, 9th, 10th, and 11th grades.

118.55(8)(b) (b) A school board, governing board of a charter school under s. 118.40 (2r) or (2x), or the governing body of a participating private school may enter into an agreement with an institution of higher education to facilitate the early college credit program under this section.

118.55(9) (9) Rules. The state superintendent shall promulgate rules to implement and administer this section, including rules establishing criteria for determining reimbursement amounts under sub. (7g).

118.55(10) (10) Inapplicability.

118.55(10)(a) (a) In this subsection:

118.55(10)(a)1. 1. “Private, nonprofit institution” means a private, nonprofit postsecondary institution that is a member of the Wisconsin Association of Independent Colleges and Universities or any successor organization.

118.55(10)(a)2. 2. “University of Wisconsin System institution” means a 4-year institution in the University of Wisconsin System.

118.55(10)(b) (b) This section does not apply to a course for which a public high school pupil may earn postsecondary credit if all of the following apply:

118.55(10)(b)1. 1. The school board of the school district and one of the following have entered into an agreement before, on, or after July 1, 2018, to provide a college credit in high school program to academically qualified pupils under which participating pupils may take the course for postsecondary credit:

118.55(10)(b)1.a. a. The chancellor of a University of Wisconsin System institution.

118.55(10)(b)1.b. b. The president of a private, nonprofit institution.

118.55(10)(b)2. 2. The instruction of pupils in the course takes place in a school building in the school district or a school district facility.

118.55(10)(b)3. 3. The individual who provides instruction in the course is any of the following:

118.55(10)(b)3.a. a. For a course taught pursuant to an agreement under subd. 1. a., a high school teacher who is employed by the school district and certified or approved to provide the instruction by the participating University of Wisconsin System institution or a faculty member of the participating University of Wisconsin System institution.