2021 - 2022 LEGISLATURE

2021 Senate BILL 201

March 11, 2021 - Introduced by Senator Nass, cosponsored by Representatives Sortwell, Thiesfeldt, Allen, Brandtjen, Cabral-Guevara, Edming, Gundrum, Magnafici, Murphy, Ramthun, Rozar, Tittl, Tusler and Wichgers. Referred to Committee on Education.

SB201,1,5 An Act to amend 27.01 (7) (c) 10., 36.49 (4), 115.28 (7) (e) 1., 115.28 (54m), 115.30 (3), 115.385 (4), 115.45 (2) (a), 118.133 (1), 118.133 (2), 118.15 (1) (a), 118.153 (1) (b), 118.53 (title), 118.53 (2m), (3) and (4), 118.60 (7) (b) 3., 119.23 (7) (b) 3. and 120.18 (1) (a) 2.; and to create 115.001 (3p), 118.15 (4c) and 118.162 (1) (km) of the statutes; relating to: microschools.

Analysis by the Legislative Reference Bureau

Under current law, in general, a person having charge of a child who is 6 to 18 years old must ensure that the child attends school regularly. This requirement is known as compulsory school attendance, which is satisfied if a child attends a public, private, or tribal school or participates in a home-based private educational program, commonly known as homeschooling. This bill creates another educational option, microschools, that may be used to satisfy the compulsory school attendance requirement.

Under the bill, a “microschool” is an instruction program provided to a child by the child's parent, or a person designated by the parent, that is provided to 1) two to five family units; 2) no more than 20 children; and 3) participating children at a physical location. Under current law, an instruction program provided to a child by the child's parent, or a person designated by the child's parent, that is provided to more than one family unit does not qualify as a home-based private educational program.

Under current law, for purposes of the compulsory school attendance requirement, a home-based private educational program must satisfy the same criteria that an educational institution must satisfy in order to be a private school, including that the program must provide at least 875 hours of instruction each year; must provide a curriculum of fundamental instruction in reading, language arts, mathematics, social studies, science, and health; and may not be operated for the purpose of avoiding the compulsory school attendance requirement. A microschool must also satisfy this criteria in order for instruction at the microschool to satisfy the compulsory school attendance requirement.

Finally, the bill treats microschools in the same manner that home-based private educational programs are treated under current law. For example, under current law, a school board must allow a resident pupil who is enrolled in a home-based private educational program to participate in interscholastic sports and extracurricular activities in the school district. The bill extends these provisions to resident pupils who are enrolled in a microschool.

For further information see the state and 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:

SB201,1 Section 1. 27.01 (7) (c) 10. of the statutes is amended to read:

SB201,3,2 27.01 (7) (c) 10. Any motor vehicle operated for the purpose of transporting pupils to or from curricular or extracurricular activities of a public or private school, a tribal school as defined in s. 115.001 (15m), a microschool under s. 118.15 (4c), or a home-based private educational program under s. 118.15 (4) or for the purpose of transporting students to or from an outdoor academic class given by an accredited college or university in this state. The operator of a motor vehicle transporting pupils or students under this subdivision shall possess and exhibit for inspection a written authorization from an administrator of the school, microschool, home-based private educational program, or college or university indicating that admission to the vehicle admission area is part of an official school, microschool, home-based private educational program, or college or university function and indicating the date for which the authorization is applicable. A separate authorization is required for each date on which the motor vehicle is admitted to the vehicle admission area under this subdivision.

SB201,2 Section 2. 36.49 (4) of the statutes is amended to read:

SB201,3,13 36.49 (4) Award the balance in annual scholarships called “Wisconsin Merit scholarships,” which shall be based only on merit, to students who are enrolled in an institution or college campus and who have either graduated from high school in this state or been granted a high school diploma by the administrator of a microschool, as defined in s. 115.001 (3p), or home-based private educational program, as defined in s. 115.001 (3g), in this state. The board shall determine merit based on a performance on standardized college entrance examinations and, if applicable, cumulative high school grade point averages. An annual scholarship awarded to a student under this subsection shall equal $5,000. This subsection does not apply beginning on April 1, 2023.

SB201,3 Section 3. 115.001 (3p) of the statutes is created to read:

SB201,3,17 115.001 (3p) Microschool. “Microschool” means a program of educational instruction provided to a child by the child's parent or guardian or by a person designated by the parent or guardian that is all of the following:

SB201,3,18 (a) Provided to more than one family unit.

SB201,3,19 (b) Provided to no more than 5 family units.

SB201,3,20 (c) Provided to no more than 20 children.

SB201,3,21 (d) Provided to participating children at a physical location.

SB201,4 Section 4. 115.28 (7) (e) 1. of the statutes is amended to read: