121.136(1)(1) In this section, “membership” means the membership used by the department to calculate state aid to the school district under s. 121.08 in the first school year of a fiscal biennium. 121.136(2)(a)(a) In the 2009-10 school year and annually thereafter, the department shall pay additional state aid to a school district if at least 50 percent of the district’s enrollment on the 3rd Friday of September in the immediately preceding even-numbered year, as rounded to the nearest whole percentage point, satisfied the income eligibility criteria for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b) (1). 121.136(2)(b)(b) The amount paid to each eligible school district in the 2009-10 school year and annually thereafter shall be determined as follows: 121.136(2)(b)4.4. Multiply the result under subd. 1. by the school district’s membership. 121.137121.137 First class city school levy aid. 121.137(2)(2) Annually, the department shall calculate the amount of the state aid reduction under s. 121.08 (4) (b) 2. in the current school year and shall notify the board, in writing, of the result. 121.137(3)(3) From the appropriation under s. 20.255 (2) (ac), annually the department shall pay the amount calculated under sub. (2) to the city in installments according to the schedule used by the board for the distribution of state aid under s. 121.15 (1) or (1g). The city shall pay an amount equal to the amount received under this subsection to the board. 121.137 HistoryHistory: 2009 a. 28. 121.14121.14 State aid for summer classes and interim session classes. 121.14(1)(a)(a) State aid shall be paid to each district or county children with disabilities education board for all of the following: 121.14(1)(a)1.1. Subject to par. (b), those academic summer classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule. 121.14(1)(a)2.2. Subject to par. (b), for a school district or county children with disabilities education board that provides year-round school, those interim session classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule. 121.14(1)(a)3.3. Those online classes offered as summer classes or interim session classes to high school pupils and pupils in grade 7 or 8 who reside in the school district, or who are attending the online class in the school district under s. 118.51, provided a pupil enrolled in a high school grade receives a credit for the class, a pupil enrolled in the 7th or 8th grade successfully completes the class, and the school board of the school district determines the online class fulfills a requirement for high school graduation specified under s. 118.33 (1) (a) 1. or 2. or established by the school board under s. 118.33 (1) (am) or the authority of the department. 121.14(1)(b)(b) Recreational programs and team sports shall not be eligible for aid under this section, and pupils participating in such programs shall not be counted as pupils enrolled under s. 121.004 (5) nor shall costs associated with such programs be included in shared costs under s. 121.07 (6). 121.14(2)(a)(a) State aid for summer classes, laboratory periods, or interim session classes under sub. (1) shall be incorporated into the state aid paid for regular classes under this subchapter. 121.14(2)(b)(b) Annually on or before October 1, the school district clerk or chairperson of the county children with disabilities education board shall file with the department a report stating the summer average daily membership equivalent. 121.14(3)(3) References to county children with disabilities education boards under subs. (1) and (2) (b) do not apply beginning on the effective date of a resolution adopted under s. 115.817 (9) (c). 121.14 Cross-referenceCross-reference: See also ch. PI 17, Wis. adm. code. 121.15121.15 Payment of state aid. 121.15(1)(1) Except as provided under sub. (1g), state aid under s. 121.08 shall be paid to school districts according to the following distribution schedule: 121.15(1)(a)(a) Each school district shall receive 15 percent of its total aid entitlement in September, 25 percent of its total aid entitlement in December, 25 percent of its total aid entitlement in March and 35 percent of its total aid entitlement in June. 121.15(1)(b)(b) For the September payment, the total aid entitlement for each district shall be estimated based upon the total aid payment in the previous year. 121.15(1)(c)(c) For the payments from December to June, the total aid entitlement for each district shall be computed on the basis of the school district’s membership, as calculated under s. 121.07 (2). 121.15(1)(e)(e) Payments under this subsection shall be made on the first Monday of the month for the December payment, on the 3rd Monday of the month for the September and June payments and on the 4th Monday of the month for the March payment. 121.15(1g)(a)(a) If a school board submits a written request to the department before May 1, in the following school year the department shall pay to that school district an amount equal to 10 percent of the school district’s total aid entitlement under s. 121.08 in each month from September to June. 121.15(1g)(b)(b) For the September and October payments, the total aid entitlement shall be estimated based upon the total aid payment in the previous year. 121.15(1g)(c)(c) For the payments from November to June, the total aid entitlement shall be computed on the basis of the school district’s membership, as calculated under s. 121.07 (2). 121.15(1g)(d)(d) Payments under this subsection shall be made on the 3rd Monday of the month, except that payment shall be made on the first Monday of the month for the December payment and on the 4th Monday of the month for the March payment. 121.15(1g)(e)(e) If a school board chooses the distribution schedule under this subsection, it shall pay to the department of public instruction an amount equal to the earnings that the school district’s aid entitlement would have accrued had the school district’s aid been distributed under sub. (1), as determined by the department of administration. 121.15(1m)(a)(a) Notwithstanding subs. (1) and (1g), beginning in the 1999-2000 school year and ending in the 2020-21 school year, annually the state shall distribute a portion of state aid to school districts by paying to school districts, from the appropriation under s. 20.255 (2) (ac), $75,000,000 on the 4th Monday in July of the following school year. 121.15(1m)(b)(b) The percentages under subs. (1) (a) and (1g) (a) shall be reduced proportionally to reflect the payments made under par. (a). School districts shall treat the payments made in July under par. (a) as if they had been received in the previous school year. 121.15(2)(a)(a) No state aid payments may be made to any district until the annual report under s. 120.18 has been filed with the department. 121.15(2)(b)(b) No state aid payments may be made to any district in the months of November to June until the budget and membership report under s. 121.05 is filed with the department. 121.15(2)(c)(c) If the state superintendent notifies a school district that a state aid payment may be withheld under par. (a) or (b), the state superintendent shall notify each member of the school board or the school district clerk. If the state superintendent notifies the school district clerk, the school district clerk shall promptly distribute a copy of the notice to each member of the school board. 121.15(4)(b)(b) On July 1 and October 15, using the most accurate data available, the state superintendent shall provide the department of revenue and each school district with an estimate of the total amount of state aid the school district will receive in the current school year. On October 15, using the most accurate data available, the state superintendent shall calculate the total amount of state aid that each school district will receive in the current school year. Any adjustments to that calculation shall be made by increasing or decreasing the payment made in September of the following school year. 121.17121.17 Use of federal revenue sharing funds. It is the intent of the legislature that school districts receiving federal revenue sharing funds through the state under this subchapter shall utilize these funds in compliance with the federal revenue sharing requirements as defined in the state and local fiscal assistance act of 1972 (P.L. 92-512), as amended by P.L. 94-488. The department shall assure compliance with this section. 121.17 HistoryHistory: 1973 c. 90; 1977 c. 29 s. 1101; Stats. 1977 s. 121.17; 1995 a. 27; 1997 a. 27. 121.23121.23 Payment of aids in school district labor disputes. 121.23(1)(1) In the event that the state superintendent finds that school is not held, or educational standards are not maintained in accordance with s. 121.02 (1) (f) as the result of a strike by school district employees, make-up days are authorized to be scheduled but no make-up days are required. 121.23(2)(2) If a school district fails to provide the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) as the result of a strike by school district employees, for the purposes of computing general aid, the state superintendent shall compute the school district’s primary and secondary ceiling costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the state superintendent shall: 121.23(2)(a)(a) Determine the amount of shared cost not incurred by the school district because of the strike. 121.23(2)(b)(b) Determine the amount of shared cost that the school district would have incurred had the strike not occurred. 121.23(2)(c)(c) Divide the amount determined under par. (a) by the amount determined under par. (b). DRIVER EDUCATION AID AND FEES
121.41121.41 Driver education programs. A school board or the technical college system board may establish and collect reasonable fees for any driver education program or part of a program which is neither required for nor credited toward graduation. The school board or the technical college system board may waive any fee established under this subsection for any indigent pupil. 121.41 Cross-referenceCross-reference: See also ch. PI 21, Wis. adm. code. TRANSPORTATION AID
121.51121.51 Definitions. In this subchapter: 121.51(1)(1) “Attendance area” is the geographic area designated by the governing body of a private school as the area from which its pupils attend and approved by the school board of the district in which the private school is located. If the private school and the school board cannot agree on the attendance area, the state superintendent shall, upon the request of the private school and the board, make a final determination of the attendance area. The attendance areas of private schools affiliated with the same religious denomination shall not overlap unless one school limits its enrollment to pupils of the same sex and the other school limits its enrollment to pupils of the opposite sex or admits pupils of both sexes. 121.51(3)(3) “School board” has the meaning designated in s. 115.001 (7) and includes any governmental agency transporting children to and from public schools. 121.51 AnnotationThe provision for the transportation, at public expense, of students to and from private schools on an attendance area basis is constitutional. State ex rel. Vanko v. Kahl, 52 Wis. 2d 206, 188 N.W.2d 460 (1971). 121.51 AnnotationFor purposes of sub. (4) [now sub. (1)], and in the absence of fraud or collusion, when a religious school demonstrates by its corporate charter and bylaws that it is independent of, and unaffiliated with, a religious denomination, further inquiry by the state would violate article I, section 18, of the Wisconsin Constitution. Holy Trinity Community School, Inc. v. Kahl, 82 Wis. 2d 139, 262 N.W.2d 210 (1978). But see St. Augustine School v. Taylor, 2021 WI 70, 398 Wis. 2d 92, 961 N.W.2d 635, 21-0265. 121.51 AnnotationIn determining whether schools are “affiliated with the same religious denomination” under sub. (1), the state superintendent is not limited to consideration of a school’s corporate documents exclusively. In conducting a neutral and secular inquiry, the state superintendent may also consider the professions of the school with regard to the school’s self-identification and affiliation, but the state superintendent may not conduct any investigation or surveillance with respect to the school’s religious beliefs, practices, or teachings. St. Augustine School v. Taylor, 2021 WI 70, 398 Wis. 2d 92, 961 N.W.2d 635, 21-0265. 121.51 AnnotationThe Wisconsin statutes do not permit a finding of affiliation under sub. (1) based on a public official’s assessment of how close in doctrine two sectarian schools may be. However difficult it may be, that decision must be made on neutral and secular grounds. The state superintendent may not delve into the nuances of the religious differences that pervade our country and withhold state benefits for reasons that can be tied to the religious preference of the disfavored group. Yet that is what reliance on the label “Catholic” entailed in this case, even if only modestly. Given the fluidity of religious labels and this country’s firm commitment to personal choice and religious diversity, it may be impossible to decide that two entities are affiliated by looking solely at the fact that they both use the same label. Moreover, the state superintendent was not entitled to accept the private school’s self-characterization as Catholic, while at the same time to reject its vociferous insistence that its understanding of what it means to be Catholic is significantly different from that of the diocesan schools. Neither representation was more or less important to the private school’s self-identification. St. Augustine School v. Underly, 21 F.4th 446 (2021). 121.51 AnnotationFirst Amendment-Based Attacks on Wisconsin “Attendance Area” Statutes. Woessner. 1980 WLR 409.
121.52121.52 Vehicle, operator and driver requirements. 121.52(1)(a)(a) Rules governing the design, construction, inspection and operation of school buses adopted by the secretary of transportation under s. 110.06 (2) shall by reference be made part of any contract for the transportation of pupils. 121.52(1)(b)(b) The school board may adopt additional rules, not inconsistent with law or with rules of the secretary of transportation or the state superintendent, for the protection of the pupils or to govern the conduct of the person in charge of the motor vehicle used for transportation of pupils for compensation. 121.52(2)(a)(a) All drivers of motor vehicles owned by the school district and used for the transportation of pupils shall be under written contract with the school board of the district. 121.52(2)(b)(b) The owner or lessee of all privately owned motor vehicles transporting pupils for compensation shall be under written contract with the school board of the district for which such transportation is provided. The contract shall require the owner or lessee to perform any action necessary for the owner or lessee or the school board to fulfill any obligation specified in sub. (5) or s. 121.555. 121.52(2)(c)(c) The form of contract shall be prescribed by the department and shall provide that all parties to the contract are subject at all times to rules adopted by the secretary of transportation under s. 110.06 (2) and by the department. 121.52(3)(a)(a) If the contract is made under sub. (2) (b), the contract shall provide that the owner or lessee require his or her bus drivers, as a condition of employment, to take a physical examination, including a chest X-ray or tuberculin test, and to submit the physical examination report to the school board. If the reaction to the tuberculin test is positive, a chest X-ray shall be required. Freedom from tuberculosis in a communicable form is a condition of employment as a bus driver. Additional physical examinations shall be required thereafter at intervals determined by the school board. 121.52(3)(b)(b) The contract shall provide that a physical examination report may be submitted on forms prescribed by the federal authority regulating motor carriers or the department and that a copy of a physical examination report obtained for other purposes within one year of the date of the contract may be substituted for the examination, if the report contains substantially the same information required by the department.
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