Wisconsin 2021-2022 Regular Session Status: To Executive 8 R cosponsors

AB 122 — Relating to: microschools. (FE)

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

297 added · 250 removed

Plain-language change summary

The latest version of Bill AB 122 includes a shift in the wording and timing for certain provisions related to micro education pods. Specifically, the bill now allows vehicles used for transporting students to these pods to operate under new guidelines that specify necessary permissions from educational administrators. Additionally, an original deadline to implement certain parts of the bill has been pushed back from July 1, 2023, to July 1, 2024. These changes matter because they clarify the legal requirements for transporting students to educational settings and provide extra time for compliance with the new regulations.

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- 2022 LEGISLATURE LRB-0560/1 FFK:ekg&wlj ASSEMBLY BILL 122 March 1, 2021 - Introduced by Representatives S ORTWELL , THIESFELDT, ALLEN, B RANDTJEN , C ABRAL-GUEVARA , E DMING , GUNDRUM , M AGNAFICI, M URPHY, R AMTHUN , ROZAR, ITTL, USLER and W ICHGERS , cosponsored by Senator ASS.
Date of enactment:
Referred to Committee on Education.
Assembly Bill 122 Date of publication*:
A N A CT 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.
WISCONSIN ACT A N A CT to repeal 115.001 (3p), 118.15 (4c) and 118.162 (1) (km);
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.
microschools.
micro education pods.
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.
The people of the state of Wisconsin, represented in S ECTION 2.
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 - 2022 Legislature - 2 - LRB-0560/1 FFK:ekg&wlj ASSEMBLY BILL 122 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:
SECTION 1.
of the statutes is amended to read:
of the statutes, as senate and assembly, do enact as follows:
affected by 2021 Wisconsin Act ....
(this act), is amended SECTION 1.
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.
of the statutes is to read:
115.001 (15m), a microschool under s.
amended to read:
118.15 (4c), or a home-based private educational program under s.
27.01 (7) (c) 10.
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.
Any motor vehicle operated for the 27.01 (7) (c) 10.
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.
Any motor vehicle operated for the purpose of transporting pupils to or from curricular or purpose of transporting pupils to or from curricular or extracurricular activities of a public or private school, a extracurricular activities of a public or private school, a tribal school as defined in s.
A separate authorization is required for each LRB-0560/1 - 2022 Legislature - 3 - FFK:ekg&wlj SECTION 1 ASSEMBLY BILL 122 date on which the motor vehicle is admitted to the vehicle admission area under this subdivision.
115.001 (15m), a micro edu- tribal school as defined in s.
SECTION 2.
115.001 (15m), a micro edu- cation pod under s.
36.49 (4) of the statutes is amended to read:
118.15 (4c), or a home−based private cation pod under s.
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.
118.15 (4c), or a home−based private educational program under s.
115.001 (3p), or home-based private educational program, as defined in s.
118.15 (4) or for the pur- educational program under s.
115.001 (3g), in this state.
118.15 (4) or for the pur- pose of transporting students to or from an outdoor aca- pose of transporting students to or from an outdoor aca- demic class given by an accredited college or university demic class given by an accredited college or university 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.
The operator of a motor vehicle transporting in this state.
An annual scholarship awarded to a student under this subsection shall equal $5,000.
The operator of a motor vehicle transporting pupils or students under this subdivision shall possess pupils or students under this subdivision shall possess and exhibit for inspection a written authorization from an and exhibit for inspection a written authorization from an administrator of the school, micro education pod, home− administrator of the school, micro education pod, home− based private educational program, or college or univer- based private educational program, or college or univer- sity indicating that admission to the vehicle admission sity indicating that admission to the vehicle admission area is part of an official school, micro education pod, area is part of an official school, micro education pod, home−based private educational program, or college or home−based private educational program, or college or university function and indicating the date for which the university function and indicating the date for which the authorization is applicable.
This subsection does not apply beginning on April 1, 2023.
A separate authorization is authorization is applicable.
SECTION 3.
A separate authorization is required for each date on which the motor vehicle is required for each date on which the motor vehicle is admitted to the vehicle admission area under this subdivi- admitted to the vehicle admission area under this subdivi- sion.
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115.001 (3p) of the statutes is created to read:
sion.
115.001 (3p) M ICROSCHOOL.
* Section 991.11,ISCONSINSTATUTES:
“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:
Effective date of acts.
(a) Provided to more than one family unit.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act − 2 − 2021 Assembly Bill 122 SECTION 3.
(b) Provided to no more than 5 family units.
36.49 (4) of the statutes is amended to does not include a private school, a tribal school, a micro read:
(c) Provided to no more than 20 children.
education pod, or a home−based private educational pro- 36.49 (4) Award the balance in annual scholarships gram.
(d) Provided to participating children at a physical location.
called “Wisconsin Merit scholarships,” which shall be S ECTION 8.
SECTION 4.
of the statutes is amended to read:
of the statutes, as based only on merit, to students who are enrolled in an affected by 2021 Wisconsin Act ....
(this act), is amended institution or college campus and who have either gradu- to read:
ated from high school in this state or been granted a high 115.28 (7) (e) 1.
In this paragraph, “alternative edu- school diploma by the administrator of a micro education cation program” means an instructional program, pod, as defined in s.
115.001 (3p), or home−based private approved by the school board, that utilizes successful educational program, as defined in s.
115.001 (3g), in this alternative or adaptive school structures and teaching state.
The board shall determine merit based on a perfor- techniques and that is incorporated into existing, tradi- mance on standardized college entrance examinations tional classrooms or regularly scheduled curricular pro- and, if applicable, cumulative high school grade point grams or that is offered in place of regularly scheduled averages.
An annual scholarship awarded to a student curricular programs.
“Alternative educational program” under this subsection shall equal $5,000.
This subsection does not include a private school, a tribal school, a micro does not apply beginning on April 1, 2023.
education pod, or a home−based private educational pro- SECTION 4.
36.49 (4) of the statutes, as affected by gram.
Wisconsin Act ....
(this act), is amended to read:
S ECTION 9.
115.28 (54m) of the statutes is amended 36.49 (4) Award the balance in annual scholarships to read:
called “Wisconsin Merit scholarships,” which shall be 115.28 (54m) NOTICE OF EDUCATIONAL OPTIONS.
based only on merit, to students who are enrolled in an Include on the home page of the department’s Internet institution or college campus and who have either gradu- site a link to information about all of the educational ated from high school in this state or been granted a high options available to children in the state who are at least school diploma by the administrator of a micro education 3 years old but not yet 18 years old, including public pod, as defined in s.
115.001 (3p), or home−based private schools, private schools participating in a parental choice educational program, as defined in s.
115.001 (3g), in this program, charter schools, virtual schools, full−time or state.
The board shall determine merit based on a perfor- part−time open enrollment in a nonresident school dis- mance on standardized college entrance examinations trict, the early college credit program, and options for and, if applicable, cumulative high school grade point pupils enrolled in a micro education pod or home−based averages.
An annual scholarship awarded to a student private educational program.
under this subsection shall equal $5,000.
This subsection S ECTION 10.
115.28 (54m) of the statutes, as affected does not apply beginning on April 1, 2023.
by 2021 Wisconsin Act ....
(this act), is amended to read:
SECTION 5.
115.001 (3p) of the statutes is created to 115.28 (54m) NOTICE OF EDUCATIONAL OPTIONS.
read:
Include on the home page of the department’s Internet 115.001(3p) M ICRO EDUCATION POD .
“Micro educa- site a link to information about all of the educational tion pod” means a program of educational instruction options available to children in the state who are at least provided to a child by the child’s parent or guardian or by 3 years old but not yet 18 years old, including public a person designated by the parent or guardian that is all schools, private schools participating in a parental choice of the following:
program, charter schools, virtual schools, full−time or (a) Provided to more than one family unit.
part−time open enrollment in a nonresident school dis- (b) Provided to no more than 10 family units.
trict, the early college credit program, and options for (c) Provided to no more than 20 children.
pupils enrolled in a micro education pod or home−based (d) Provided to participating children at a physical private educational program.
location.
S ECTION 11.
115.30 (3) of the statutes is amended to SECTION 6.
115.001 (3p) of the statutes, as created by read:
Wisconsin Act ....
(this act), is repealed.
115.30 (3) On or before each October 15, each SECTION 7.
In this paragraph, “alternative education program" means an instructional program, approved by the school board, that utilizes successful alternative or adaptive school structures and teaching techniques and that is - 2022 Legislature - 4 - LRB-0560/1 FFK:ekg&wlj ASSEMBLY BILL 122 S ECTION 4 incorporated into existing, traditional classrooms or regularly scheduled curricular programs or that is offered in place of regularly scheduled curricular programs.
of the statutes is administrator of a public or private school system, a amended to read:
“Alternative educational program" does not include a private school, a tribal school, a microschool, or a home-based private educational program.
micro education pod, or a home−based private educa- 115.28 (7) (e) 1.
S ECTION 5.
In this paragraph, “alternative edu- tional program shall submit, on forms provided by the cation program” means an instructional program, department, a statement of the enrollment on the 3rd Fri- approved by the school board, that utilizes successful day of September in the elementary and high school alternative or adaptive school structures and teaching grades under his or her jurisdiction to the department techniques and that is incorporated into existing, tradi- which shall prepare such reports as will enable the public tional classrooms or regularly scheduled curricular pro- and private schools, micro education pods, and home− grams or that is offered in place of regularly scheduled based private educational programs to make projections curricular programs.
115.28 (54m) of the statutes is amended to read:
“Alternative educational program” regarding school buildings, teacher supply and funds Assembly Bill 122 − 3 − 2021 Wisconsin Act required.
115.28 (54m) N OTICE OF EDUCATIONAL OPTIONSInclude on the home page of the department's Internet site a link to information about all of the educational options available to children in the state who are at least 3 years old but not yet 18 years old, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-time open enrollment in a nonresident school district, the early college credit program, and options for pupils enrolled in a microschool ore-based private educational program.
The administrator of each private school sys- 115.385 (4) Annually, each public school, including tem, micro education pod, and home−based private edu- a charter school, and each private school participating in cational program shall indicate in his or her report a parental choice program under s.
S ECTION 6.
118.60 or 119.23 shall whether the system, micro education pod, or program provide a copy of the school’s accountability report to the meets all of the criteria under s.
115.30 (3) of the statutes is amended to read:
115.30 (3) On or before each October 15, each administrator of a public or private school system, a microschool, or a home-based private educational program shall submit, on forms provided by the department, a statement of the enrollment on the 3rd Friday of September in the elementary and high school grades under his or her jurisdiction to the department which shall prepare such reports as will enable the public and private schools, microschools,home-based private educational programs to make projections regarding school buildings, teacher supply and funds required.
The administrator of each private school system, microschool, and home-based private educational program shall indicate in his or her report whether the system, microschool,r program meets all of the criteria under s.
S ECTION 7.
Before the parent or guardian of each pupil enrolled in or attending beginning ofeach school year, the family units participat- the school.
115.385 (4) of the statutes is amended to read:
Each school shall simultaneously provide to ing inamicro education pod shall meet and select an indi- the parent or guardian of each pupil enrolled in the school vidual to serve as the administrator of the micro educa- a list of the educational options available to children who tion pod for the school year.
LRB-0560/1 - 2022 Legislature - 5 - FFK:ekg&wlj SECTION 7 ASSEMBLY BILL 122 115.385 (4) Annually, each public school, including a charter school, and each private school participating in a parental choice program under s.
reside in the pupil’s resident school district, including SECTION 12.
118.60 or 119.23 shall provide a copy of the school's accountability report to the parent or guardian of each pupil enrolled in or attending the school.
115.30 (3) of the statutes, as affected by public schools, private schools participating in a parental Wisconsin Act ....
Each school shall simultaneously provide to the parent or guardian of each pupil enrolled in the school a list of the educational options available to children who reside in the pupil's resident school district, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-time open enrollment in a nonresident school district, the early college credit program, and options for pupils enrolled in a microschoolhome-based private educational program.
(this act), is amended to read:
SECTION 8.
choice program, charter schools, virtual schools, full− 115.30 (3) On or before each October 15, each time or part−time open enrollment in a nonresident administrator of a public or private school system, a school district, the youth apprenticeship program under micro education pod, or a home−based private educa- s.
115.45 (2) (a) of the statutes is amended to read:
106.13, the early college credit program, and options tional program shall submit, on forms provided by the for pupils enrolled in a micro education pod or home− department, a statement of the enrollment on the 3rd Fri- based private educational program.
115.45 (2) (a) Annually, the department shall notify school boards, operators of charter schools under s.
A school that does day of September in the elementary and high school not operate high school grades is not required to include grades under his or her jurisdiction to the department an educational option that is offered only to high school which shall prepare such reports as will enable the public pupils in a list of educational options provided under this and private schools, micro education pods, and home− subsection.
118.40 (2r) and (2x), governing bodies of private schools, administrators of microschools,and administrators of home-based private educational programs that applications for grants to participate in one or more robotics competitions will be accepted from eligible teams through a date set forth in the notice.
based private educational programs to make projections SECTION 15.
As a condition of receiving a grant under this section, an applicant eligible team shall demonstrate to the satisfaction of the department that the applicant eligible team will provide matching funds in an amount equal to the amount awarded under this section.
115.45 (2) (a) of the statutes is amended regarding school buildings, teacher supply and funds to read:
SECTION 9.
required.
118.133 (1) of the statutes is amended to read:
The administrator of each private school sys- 115.45 (2) (a) Annually, the department shall notify tem, micro education pod, and home−based private edu- school boards, operators of charter schools under s.
118.133 (1) NTERSCHOLASTIC ATHLETICS(a) A school board shall permit a pupil who resides in the school district and is enrolled in a microschool ored private educational program to participate in interscholastic athletics in the school - 2022 Legislature - 6 - LRB-0560/1 FFK:ekg&wlj ASSEMBLY BILL 122 SECTION 9 district on the same basis and to the same extent that it permits pupils enrolled in the school district to participate.
cational program shall indicate in his or her report 118.40 (2r) and (2x), governing bodies of private schools, whether the system, micro education pod, or program administrators of micro education pods, and administra- meets all of the criteria under s.
(b) Upon request, the microschool or home-based educational program in which the pupil is enrolled shall provide the school board with a written statement that the pupil meets the school board's requirements for participation in interscholastic athletics based on age and academic and disciplinary records.
118.165 (1).
No person may provide a false statement under this paragraph.
Before the tors of home−based private educational programs that beginning ofeach school year, the family units participat- applications for grants to participate in one or more ing inamicro education pod shall meet and select an indi- robotics competitions will be accepted from eligible vidual to serve as the administrator of the micro educa- teams through a date set forth in the notice.
The school board may not question the accuracy or validity of the statement or request additional information.
As a condi- tion pod for the school year.
SECTION 10.
tion of receiving a grant under this section, an applicant SECTION 13.
118.133 (2) of the statutes is amended to read:
115.385 (4) of the statutes, as affected eligible team shall demonstrate to the satisfaction of the by 2021 Wisconsin Act 83, is amended to read:
118.133 (2) EXTRACURRICULAR ACTIVITIESA school board shall permit a pupil who resides in the school district and is enrolled in a microschool ored private educational program to participate in extracurricular activities in the school district on the same basis and to the same extent that it permits pupils enrolled in the school district to participate.
department that the applicant eligible team will provide 115.385 (4) Annually, each public school, including matching funds in an amount equal to the amount a charter school, and each private school participating in awarded under this section.
SECTION 11.
a parental choice program under s.
118.15 (1) (a) of the statutes is amended to read:
118.60 or 119.23 shall SECTION 16.
118.15 (1) (a) Except as provided under pars.
115.45 (2) (a) of the statutes, as affected provide a copy of the school’s accountability report to the by 2021 Wisconsin Act ....
(b) to (d) and (g) and sub.
(this act), is amended to read:
subs.
parent or guardian of each pupil enrolled in or attending 115.45 (2) (a) Annually, the department shall notify the school.
(4) and (4c), unless the child is excused under sub.
Each school shall simultaneously provide to school boards, operators of charter schools under s.
(3) or has graduated from high school, any person having under control a child who is between the ages of 6 and 18 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public, private, or tribal school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 years of age.
the parent or guardian of each pupil enrolled in the school 118.40 (2r) and (2x), governing bodies of private schools, a list of the educational options available to children who administrators of micro education pods, and administra- reside in the pupil’s resident school district, including tors of home−based private educational programs that public schools, private schools participating in a parental applications for grants to participate in one or more choice program, charter schools, virtual schools, full− robotics competitions will be accepted from eligible time or part−time open enrollment in a nonresident teams through a date set forth in the notice.
SECTION 12.
As a condi- school district, the youth apprenticeship program under tion of receiving a grant under this section, an applicant s.
106.13, the early college credit program, and options eligible team shall demonstrate to the satisfaction of the for pupils enrolled in a micro education pod or home− department that the applicant eligible team will provide based private educational program.
A school that does matching funds in an amount equal to the amount not operate high school grades is not required to include awarded under this section.
an educational option that is offered only to high school SECTION 17.
118.133 (1) of the statutes is amended pupils in a list of educational options provided under this to read:
subsection.
118.133 (1) I NTERSCHOLASTIC ATHLETICS.
(a) A SECTION 14.
115.385 (4) of the statutes, as affected school board shall permit a pupil who resides in the by 2021 Wisconsin Act ....
(this act), is amended to read:
school district and is enrolled in a micro education pod or Wisconsin Act − 4 − 2021 Assembly Bill 122 home−based private educational program to participate to attend school regularly during the full period and in interscholastic athletics in the school district on the hours, religious holidays excepted, that the public, pri- same basis and to the same extent that it permits pupils vate, or tribal school in which the child should be enrolled enrolled in the school district to participate.
is in session until the end of the school term, quarter or (b) Upon request, the micro education pod or home− semester of the school year in which the child becomes based educational program in which the pupil is enrolled 18 years of age.
shall provide the school board with a written statement SECTION 22.
118.15 (1) (a) of the statutes, as affected that the pupil meets the school board’s requirements for by 2021 Wisconsin Act ....
(this act), is amended to read:
participation in interscholastic athletics based on age and 118.15 (1) (a) Except as provided under pars.
(b) to academic and disciplinary records.
No person may pro- (d) and (g) and subs.sub.
(4) and (4c), unless the child is vide a false statement under this paragraph.
The school excused under sub.
(3) or has graduated from high board may not question the accuracy or validity of the school, any person having under control a child who is statement or request additional information.
between the ages of 6 and 18 years shall cause the child SECTION 18.
118.133 (1) of the statutes, as affected by 2021 Wisconsin Act ....
(this act), is amended to read:
to attend school regularly during the full period and hours, religious holidays excepted, that the public, pri- 118.133 (1) I NTERSCHOLASTIC ATHLETICS.
(a) A vate, or tribal school in which the child should be enrolled school board shall permit a pupil who resides in the is in session until the end of the school term, quarter or school district and is enrolled in a micro education pod or semester of the school year in which the child becomes home−based private educational program to participate in interscholastic athletics in the school district on the 18 years of age.
same basis and to the same extent that it permits pupils SECTION 23.
LRB-0560/1 - 2022 Legislature - 7 - FFK:ekg&wlj S ECTION 12 ASSEMBLY BILL 122 118.15 (4c) Instruction in a microschool that meets all of the criteria under s.
enrolled in the school district to participate.
118.165 (1) may be substituted for attendance at a public or private school.
118.15(4c) Instruction in a micro education pod that (b) Upon request, the micro education pod or home− meets all of the criteria under s.
SECTION 13.
118.165 (1) may be sub- based educational program in which the pupil is enrolled stituted for attendance at a public or private school.
118.153 (1) (b) of the statutes is amended to read:
shall provide the school board with a written statement that the pupil meets the school board’s requirements for SECTION 24.
118.153 (1) (b) “Dropout" means a child who ceased to attend school, does not attend a public, private, or tribal school, technical college, microschool, or home-based private educational program on a full-time basis, has not graduated from high school, and does not have an acceptable excuse under s.
118.15 (4c) of the statutes, as created by participation in interscholastic athletics based on age and 2021 Wisconsin Act ....
(this act), is repealed.
SECTION 25.
118.153 (1) (b) of the statutes is academic and disciplinary records.
No person may pro- amended to read:
vide a false statement under this paragraph.
The school 118.153(1) (b) “Dropout” means a child who ceased board may not question the accuracy or validity of the statement or request additional information.
to attend school, does not attend a public, private, or tribal SECTION 19.
118.133 (2) of the statutes is amended school, technical college, micro education pod, orhome− based private educational program on a full−time basis, to read:
has not graduated from high school, and does not have an 118.133(2) E XTRACURRICULAR ACTIVITIES.
Aschool acceptable excuse under s.
SECTION 14.
board shall permit a pupil who resides in the school dis- trict and is enrolled in a micro education pod or home− SECTION 26.
118.162 (1) (km) of the statutes is created to read:
118.153 (1) (b) of the statutes, as based private educational program to participate in affected by 2021 Wisconsin Act ....
118.162 (1) (km) A parent of a pupil enrolled in a microschool, who resides in a school district in the county, designated by the county board.
(this act), is amended extracurricular activities in the school district on the to read:
SECTION 15.
118.153(1) (b) “Dropout” means a child who ceased same basis and to the same extent that it permits pupils to attend school, does not attend a public, private, or tribal enrolled in the school district to participate.
118.53 (title) of the statutes is amended to read:
SECTION 20.
118.53 (title)Attendance by pupils enrolled in a microschool or home-based private educational program.
118.133 (2) of the statutes, as affected school, technical college, micro education pod, orhome− by 2021 Wisconsin Act ....
SECTION 16.
(this act), is amended to read:
118.53 (2m), (3) and (4) of the statutes are amended to read:
based private educational program on a full−time basis, 118.133(2) E XTRACURRICULAR ACTIVITIES.
118.53 (2m) A school board shall allow a pupil enrolled in a microschool or home-based private educational program who has not met the minimum standards for admission into high school under s.
Aschool has not graduated from high school, and does not have an board shall permit a pupil who resides in the school dis- acceptable excuse 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.
118.15 (1) (b) to (d) or (3).
(3) A school board shall allow a pupil enrolled in a microhome-based private educational program, who has met the standards for admission under sub.
SECTION 27.
(2), to attend up to 2 courses at a public school in the district during each school - 2022 Legislature - 8 - LRB-0560/1 FFK:ekg&wlj ASSEMBLY BILL 122 SECTION 16 semester if the school board determines that there is sufficient space in the classroom.
118.162 (1) (km) of the statutes is cre- trict and is enrolled in a micro education pod or home− based private educational program to participate in ated to read:
(4) A pupil enrolled in a microschool or 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.
extracurricular activities in the school district on the 118.162 (1) (km) A parent of a pupil enrolled in a same basis and to the same extent that it permits pupils micro education pod, who resides in a school district in enrolled in the school district to participate.
SECTION 17.
the county, designated by the county board.
SECTION 21.
118.15 (1) (a) of the statutes is amended SECTION 28.
118.162 (1) (km) of the statutes, as cre- to read:
ated by 2021 Wisconsin Act ....
(this act), is repealed.
118.15 (1) (a) Except as provided under pars.
(b) to SECTION 29.
118.53 (title) of the statutes is amended (d) and (g) and sub.
subs.
(4) and (4c), unless the child is to read:
excused under sub.
(3) or has graduated from high 118.53 (title) Attendance by pupils enrolled in a school, any person having under control a child who is micro education pod or home−based private educa- between the ages of 6 and 18 years shall cause the child tional program.
Assembly Bill 122 − 5 − 2021 Wisconsin Act SECTION 30.
118.53 (title) of the statutes, as affected eral educational development certificate of high school by 2021 Wisconsin Act ....
(this act), is amended to read:
equivalency, or has obtained a degree or educational cre- 118.53 (title) Attendance by pupils enrolled in a dential higher than a high school diploma, declaration of micro education pod or home−based private educa- equivalency of high school graduation, or general educa- tional program.
tional development certificate of high school equiva- SECTION 31.
118.53 (2m), (3) and (4) of the statutes lency.
are amended to read:
S ECTION 34.
of the statutes is amended to read:
of the statutes, as 118.53 (2m) A school board shall allow a pupil affected by 2021 Wisconsin Act ....
118.60 (7) (b) 3.
(this act), is amended enrolled in a micro education pod or home−based private to read:
Ensure that any teacher's aide employed by the private school has graduated from high school, been granted a declaration of equivalency of high school graduation, been granted a high school diploma by the administrator of a microschool orome-based private educational program, or been issued a general educational development certificate of high school equivalency, or has obtained a degree or educational credential higher than a high school diploma, declaration of equivalency of high school graduation, or general educational development certificate of high school equivalency.
educational program who has not met the minimum stan- 118.60 (7) (b) 3.
SECTION 18.
Ensure that any teacher’s aide dards for admission into high school under s.
118.145 (1) employed by the private school has graduated from high to attend up to 2 courses at a public school in the district school, been granted a declaration of equivalency of high during each school semester if the school board deter- school graduation, been granted a high school diploma mines that the pupil qualifies for admission to those cour- by the administrator of a micro education pod or home− ses and if there is sufficient space in the classroom.
based private educational program, or been issued a gen- (3) A school board shall allow a pupil enrolled in a eral educational development certificate of high school micro education pod or home−based private educational equivalency, or has obtained a degree or educational cre- program, who has met the standards for admission under dential higher than a high school diploma, declaration of sub.
(2), to attend up to 2 courses at a public school in the equivalency of high school graduation, or general educa- district during each school semester if the school board tional development certificate of high school equiva- determines that there is sufficient space in the classroom.
lency.
(4) A pupil enrolled in a micro education pod or S ECTION 35.
of the statutes is amended to read:
of the statutes is home−based private educational program and attending amended to read:
a public school under this section may attend one course 119.23 (7) (b) 3.
Ensure that any teacher’s aide in each of 2 school districts, but may not attend more than employed by the private school has graduated from high courses in any semester.
school, been granted a declaration of equivalency of high SECTION 32.
118.53 (2m), (3) and (4) of the statutes, school graduation, been granted a high school diploma as affected by 2021 Wisconsin Act ....
(this act), are by the administrator of a micro education pod or home− amended to read:
based private educational program, or been issued a gen- 118.53 (2m) A school board shall allow a pupil eral educational development certificate of high school enrolled in a micro education pod or home−based private equivalency, or has obtained a degree or educational cre- educational program who has not met the minimum stan- dential higher than a high school diploma, declaration of dards for admission into high school under s.
118.145 (1) equivalency of high school graduation, or general educa- to attend up to 2 courses at a public school in the district tional development certificate of high school equiva- during each school semester if the school board deter- lency.
mines that the pupil qualifies for admission to those cour- S ECTION 36.
Ensure that any teacher's aide employed by the private school has graduated from high school, been granted a declaration of equivalency of high school graduation, been granted a high school diploma by the administrator of a microschool orome-based private educational program, or been issued a general educational development certificate of high school equivalency, or has obtained a degree or educational credential higher than a high school diploma, declaration of equivalency of high school graduation, or general educational development certificate of high school equivalency.
of the statutes, as ses and if there is sufficient space in the classroom.
SECTION 19.
affected by 2021 Wisconsin Act ....
(this act), is amended (3) A school board shall allow a pupil enrolled in a to read:
micro education pod or home−based private educational 119.23 (7) (b) 3.
Ensure that any teacher’s aide program, who has met the standards for admission under employed by the private school has graduated from high sub.
(2), to attend up to 2 courses at a public school in the school, been granted a declaration of equivalency of high district during each school semester if the school board school graduation, been granted a high school diploma determines that there is sufficient space in the classroom.
by the administrator of a micro education pod or home− (4) A pupil enrolled in a micro education pod or based private educational program, or been issued a gen- home−based private educational program and attending eral educational development certificate of high school a public school under this section may attend one course equivalency, or has obtained a degree or educational cre- in each of 2 school districts, but may not attend more than dential higher than a high school diploma, declaration of courses in any semester.
equivalency of high school graduation, or general educa- SECTION 33.
118.60 (7) (b) 3.
of the statutes is tional development certificate of high school equiva- amended to read:
lency.
118.60 (7) (b) 3.
Ensure that any teacher’s aide S ECTION 37.
of the statutes is amended to read:
of the statutes is employed by the private school has graduated from high amended to read:
LRB-0560/1 - 2022 Legislature - 9 - FFK:ekg&wlj S ECTION 19 ASSEMBLY BILL 122 120.18 (1) (a) 2.
school, been granted a declaration of equivalency of high 120.18(1) (a) 2.
Adding the number of persons under this paragraph who were residents of the school district and were enrolled in the school district on the 3rd Friday of September of the previous school year;
Adding the number of persons under school graduation, been granted a high school diploma this paragraph who were residents of the school district by the administrator of a micro education pod or home− and were enrolled in the school district on the 3rd Friday based private educational program, or been issued a gen- of September of the previous school year;
plus the number of persons under this paragraph who were residents of the school district and who were enrolled in private schools, tribal schools, microschools, home-based private educational programs, or other school districts on the 3rd Friday of September of the previous school year;
plus the num- Wisconsin Act − 6 − 2021 Assembly Bill 122 ber of persons under this paragraph who were residents of the school district and not enrolled in the school dis- of the school district and who were enrolled in private trict, private schools, tribal schools, micro education schools, tribal schools, micro education pods, home− pods, home−based private educational programs, or based private educational programs, or other school dis- other school districts on the 3rd Friday of September of tricts on the 3rd Friday of September of the previous the previous school year.
plus the number or an estimate of the number of those persons under this paragraph who were residents of the school district and not enrolled in the school district, private schools, tribal schools, microschools,me-based private educational programs, or other school districts on the 3rd Friday of September of the previous school year.
school year;
SECTION 20.0Nonstatutory provisions.
plus the number or an estimate of the number S ECTION 39.0Nonstatutory provisions.
(1) M ICROSCHOOL FORM.No later than 90 days after the effective date of this subsection, the department of public instruction shall develop and make available to the public a microschool enrollment form for a parent or guardian to report enrollment under s.
of those persons under this paragraph who were residents (1) M ICRO EDUCATION POD FORM.
115.30 (3).
No later than 90 of the school district and not enrolled in the school dis- days after the effective date of this subsection, the depart- trict, private schools, tribal schools, micro education ment of public instruction shall develop and make avail- pods, home−based private educational programs, or able to the public a micro education pod enrollment form other school districts on the 3rd Friday of September of for an administrator of a micro education pod to submit the previous school year.
(END)
under s.
115.30.
SECTION 38.
120.18 (1) (a) 2.
of the statutes, as S ECTION 40.Effective dates.
This act takes effect on affected by 2021 Wisconsin Act ....
(this act), is amended the day after publication, except as follows:
to read:
(1) S UNSET.
The treatment of ss.
27.01 (7) (c) 10.
(by 120.18(1) (a) 2.
Adding the number of persons under SECTION 2), 36.49 (4) (by ECTION 4),115.28 (7) (e) 1.
(by this paragraph who were residents of the school district SECTION 8), 115.28 (54m) (by S ECTION 10), 115.30 (3) and were enrolled in the school district on the 3rd Friday (by SECTION 12), 115.385 (4) (by SECTION 14), 115.45 (2) of September of the previous school year;
plus the num- (a) (by S ECTION 16), 118.133 (1) (by S ECTION 18), ber of persons under this paragraph who were residents 118.133 (2) (by SECTION 20), 118.15 (1) (a) (by ECTION of the school district and who were enrolled in private 22), 118.153 (1) (b) (by SECTION 26), 118.53 (title) (by schools, tribal schools, micro education pods, home− SECTION 30), 118.53 (2m), (3), and (4) (by SECTION 32), based private educational programs, or other school dis- 118.60 (7) (b) 3.
(by SECTION 34), 119.23 (7) (b) 3.
(by tricts on the 3rd Friday of September of the previous SECTION 36), and 120.18 (1) (a) 2.
(by SECTION 38) and school year;
plus the number or an estimate of the number the repeal of ss.
115.001 (3p), 118.15 (4c), and 118.162 of those persons under this paragraph who were residents (1) (km) take effect on July 1, 2024.
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 4-8-2022

  4. Presented to the Governor on 4-4-2022 by directive of the Speaker

  5. Report correctly enrolled on 3-10-2022

  6. LRB correction (Assembly Substitute Amendment 1)

  7. Received from Senate concurred in

  8. Ordered immediately messaged

  9. Read a third time and concurred in

  10. Rules suspended

  11. Ordered to a third reading

  12. Read a second time

  13. Placed on calendar 3-8-2022 pursuant to Senate Rule 18(1)

  14. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  15. Available for scheduling

  16. Report concurrence recommended by Committee on Education, Ayes 4, Noes 3

  17. Executive action taken

  18. Read first time and referred to committee on Education

  19. Received from Assembly

  20. Ordered immediately messaged

  21. Read a third time and passed

  22. Rules suspended

  23. Ordered to a third reading

  24. Assembly Substitute Amendment 1 adopted

  25. Assembly Amendment 2 to Assembly Substitute Amendment 1 adopted

  26. Assembly Amendment 1 to Assembly Substitute Amendment 1 withdrawn and returned to author

  27. Decision of the Chair upheld, Ayes 60, Noes 34

  28. Decision of the Chair appealed

  29. Point of order that Assembly Substitute Amendment 2 not germane under Assembly Rule 54 (3)(f) well taken

  30. Assembly Substitute Amendment 2 offered by Representatives Neubauer, Pope, Hebl, Considine, Vruwink, Anderson, Andraca, Baldeh, Billings, Brostoff, Conley, Drake, Emerson, Goyke, Hesselbein, Hong, B. Meyers, Ohnstad, Riemer, S. Rodriguez, Shankland, Shelton, Sinicki, Snodgrass, Spreitzer, Stubbs, Subeck, Vining and Haywood

  31. Read a second time

  32. Assembly Amendment 2 to Assembly Substitute Amendment 1 offered by Representative Sortwell

  33. Placed on calendar 2-22-2022 by Committee on Rules

  34. Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representative Sortwell

  35. Referred to committee on Rules

  36. Report passage as amended recommended by Committee on Education, Ayes 7, Noes 6

  37. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Education, Ayes 7, Noes 6

  38. Representative Steffen added as a coauthor

  39. Executive action taken

  40. Assembly Substitute Amendment 1 offered by Representative Sortwell

  41. Assembly Amendment 1 offered by Representative Sortwell

  42. Fiscal estimate received

  43. Public hearing held

  44. Fiscal estimate received

  45. Fiscal estimate received

  46. Read first time and referred to Committee on Education

  47. Introduced by Representatives Sortwell, Thiesfeldt, Allen, Brandtjen, Cabral-Guevara, Edming, Gundrum, Magnafici, Murphy, Ramthun, Rozar, Tittl, Tusler and Wichgers; cosponsored by Senator Nass

Sponsors

Sponsorship breakdown

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14 sponsors · 0 co-sponsors · 118 not signed on · 18 voted No

Sponsors (14)

Co-sponsors (0)

None.

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SHALL THE DECISION OF THE CHAIR STAND

Passed 60 Yea · 34 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 37100
Democrat 01700
Unaffiliated 231600
Total 603400
% of votes cast 64%36%0%0%
How each member voted (94)
Member Party Vote
BALDEH — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CABRAL-GUEVA — Yea
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
VRUWINK — Nay
SPEAKER — Yea
KUGLITSCH — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Nay
MILROY — Nay
MOORE OMOKUN — Nay
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Yea
RIEMER — Nay
ROZAR — Yea
SANFELIPPO — Yea
SCHRAA — Yea
SHELTON — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hesselbein, Dianne Democrat Nay
Hong, Francesca Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spreitzer, Mark Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Gundrum, Rick Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Rodriguez, Jessie Republican Nay
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

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Subjects

education
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Frequently asked questions

Who sponsors AB 122?
AB 122 is sponsored by Wichgers, Chuck (Republican), Tusler, Ron (Republican), Tittl, Paul (Republican), Rozar, Ramthun, Murphy, David (Republican), Magnafici, Gundrum, Rick (Republican), Edming, Cabral-Guevara, Rachael (Republican), Brandtjen, Allen, Scott (Republican), Thiesfeldt, and Sortwell, Shae (Republican).
What is the current status of AB 122?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 122?
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