(1)   Definitions. In this section:

Terms Used In Wisconsin Statutes 118.55

  • Adult: means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained the age of 17 years. See Wisconsin Statutes 403.504
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 403.504
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 403.504
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 403.504
  • Promulgate: when used in connection with a rule, as defined under s. See Wisconsin Statutes 403.504
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 403.504
  • Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 403.504
      (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.
      (bm)    “Institution of higher education” means all of the following:
         1.    An institution within the University of Wisconsin System or a tribally controlled college.
         2.    A private, nonprofit institution of higher education located in this state.
      (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.
Effective date note NOTE: Section 118.55 (title) and (1) are shown as affected eff. 7-1-18 by 2017 Wis. Act 59. Par. (bm) was numbered par. (a) by 2017 Wis. Act 59 and renumbered to par. (bm) by the legislative reference bureau under s. 13.92 (1) (bm) 2. Prior to 7-1-18 they read:
Effective date text 118.55?Youth options program. (1)?Definition. In this section, “institution of higher education” means an institution within the University of Wisconsin System, a tribally controlled college or a private, nonprofit institution of higher education located in this state.
   (2)   Enrollment in institution of higher education; application.
      (a)    Subject to par. (b) and 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.
Effective date note NOTE: Par. (a) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (a) Subject to par. (b) and sub. (7t) (c), any public school pupil enrolled in the 11th or 12th grade who is not attending a technical college under sub. (7r) or s. 118.15 (1) (b) may enroll in an institution of higher education for the purpose of taking one or more nonsectarian courses at the institution of higher education. 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. 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 school in which the pupil is enrolled.
      (b)    Paragraph (a) applies to a private institution of higher education and to a tribally controlled college only if the private institution of higher education or tribally controlled college has notified the state superintendent of its intent to participate in the program under this section by September 1 of the previous school year.
   (3)   Notification of school board; determination of high school credit; notification of postsecondary credit.
      (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 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.
Effective date note NOTE: Sub. (3) (title) and (a) are shown as affected eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 they read:
Effective date text (3)?Notification of school board; determination of high school credit. (a) A 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 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.
      (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 shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 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 districts and participating private schools in making the determinations. The school 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 school board’s decision 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 school board’s 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.
Effective date note NOTE: Par. (b) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (b) If the 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 shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 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 districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the beginning of the semester in which the pupil will be enrolled. If the pupil disagrees with the school board’s decision 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 school board’s 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.
      (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.
Effective date note NOTE: Par. (c) is created eff. 7-1-18 by 2017 Wis. Act 59.
   (4)   Admission to institution of higher education; notification.
      (a)    An institution of higher education shall admit a pupil to attend a course under this section if all of the following apply:
         1.    The pupil meets the requirements and prerequisites of the course.
         2.    There is space available in the course.
Effective date note NOTE: Par. (a) is shown as affected eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (4)?Admission to institution of higher education; notification. (a) An institution of higher education may admit a pupil under this section only if it has space available.
      (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).
      (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 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.
Effective date note NOTE: Par. (b) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (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, 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.
      (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 or the governing body of the pupil’s participating private school and the school 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.
Effective date note NOTE: Par. (c) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (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 and the school board shall inform the pupil of its determinations under sub. (3) (b) regarding the course to which the pupil was admitted as soon as practicable.
   (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 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:
Effective date note NOTE: Sub. (5) (intro.) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (5)?Payment. Subject to sub. (7t), within 30 days after the end of the semester, the school board of the school district in which a pupil attending an institution of higher education under this section is enrolled shall pay the institution of higher education, on behalf of the pupil, the following amount for any course that is taken for high school credit and that is not comparable to a course offered in the school district:
      (a)    If the 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, 75 percent of the actual cost of tuition for the course, as determined under par. (d). If a 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 or at a participating private school, the school board of the school district or the governing body of the participating private school shall be responsible for the costs of books and other necessary materials for the course.
Effective date note NOTE: Par. (a) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (a) If the pupil is attending an institution within the University of Wisconsin System, the actual cost of tuition, fees, books and other necessary materials directly related to the course.
      (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, 25 percent of the actual cost of tuition for the course, as determined under par. (d).
Effective date note NOTE: Par. (b) is created eff. 7-1-18 by 2017 Wis. Act 59.
      (c)    If the pupil is attending a private institution of higher education, the lesser of the following:
         1.    The actual cost of tuition, fees, books and other necessary materials directly related to the course.
         2.    An amount determined by dividing the state total net cost of the general fund in the previous school year by the state total membership in the previous school year, dividing that quotient by the statewide average number of high school credits taken by full-time pupils in the previous school year, as determined by the state superintendent, and multiplying that quotient by the number of high school credits taken by the pupil at the private institution of higher education, as determined under sub. (3) (b). In this subdivision, “net cost” has the meaning given in s. 121.004 (6), and “membership” has the meaning given in s. 121.004 (5).
Effective date note NOTE: Par. (c) is repealed eff. 7-1-18 by 2017 Wis. Act 59.
      (d)    If a school board 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:
         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 nor the governing body may charge any additional costs or fees to a pupil to attend a course under this section.
         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 may charge any additional costs or fees to a pupil to attend a course under this section.
         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 may charge any additional costs or fees to a pupil to attend a course under this section.
Effective date note NOTE: Par. (d) is shown as affected eff. 7-1-18 by 2017 Wis. Act 59, sections 1564m, 1565, and 1572.
      (e)   
         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 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.
         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 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:
            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 or the governing body of the private school the amount received from the department of workforce development under this subd. 2. a.
            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 or the governing body of the private school the amount received from the department of workforce development under this subd. 2. b.
         3.    If the appropriation under s. 20.445 (1) (d) in any fiscal year is insufficient to reimburse all school districts and all 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 and governing bodies.
Effective date note NOTE: Par. (e) is created eff. 7-1-18 by 2017 Wis. Act 59.
   (6)   Responsibility of pupil for tuition and fees; institution of higher education.
      (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 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 or at the participating private school, whichever is applicable.
Effective date note NOTE: Par. (a) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (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, or the state superintendent on appeal under sub. (3) (b), has determined that the course is not comparable to a course offered in the school district.
      (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 or the governing body of the participating private school has determined that the course is comparable to a course offered in the school district or at the participating private school, unless the state superintendent or the governing body reverses the decision of the school board or governing body, respectively, on appeal under sub. (3) (b).
Effective date note NOTE: Par. (b) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (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 has determined that the course is comparable to a course offered in the school district, unless the state superintendent reverses the school board’s decision on appeal under sub. (3) (b).
      (c)   
         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 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.
         2.    The school board 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.
Effective date note NOTE: Par. (c) is shown as affected eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (c) A pupil taking a course at an institution of higher education for postsecondary credit under this section is responsible for the tuition and fees for the course.
   (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).
Effective date note NOTE: Sub. (7g) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (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 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) (cw). 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).
   (7t)   Limitations on participation and payment.
      (a)    A school board or the governing body of a participating private school may establish a written policy limiting the number of credits for which the school 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.
Effective date note NOTE: Par. (a) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads as follows. The correct cross-reference is shown in brackets.
Effective date text (a) A school board may establish a written policy limiting the number of credits for which the school board will pay under subs. (5) and (7r) (d) [sub. (5) and s. 38.12 (14) (d)] to the equivalent of 18 postsecondary semester credits per pupil.
      (b)    If a school board is required to pay tuition and fees on behalf of a pupil under sub. (5) (a) or (c) 1. or (7r) (d) [sub. (5) (a) or (c) 1. or s. 38.12 (14) (d)], the tuition and fees charged may not exceed the amount that would be charged a pupil who is a resident of this state.
Effective date note NOTE: Par. (b) is renumbered to sub. (5) (d) (intro.) and 1. and amended eff. 7-1-18 by 2017 Wis. Act 59. The correct cross-reference is shown in brackets.
      (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 or the 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 or the governing body the amount paid on the pupil’s behalf upon the request of the school board or governing body. If a school 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 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.
Effective date note NOTE: Par. (c) is shown as amended eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (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 has made payment, the pupil’s parent or guardian, or the pupil if he or she is an adult, shall reimburse the school board the amount paid on the pupil’s behalf upon the school board’s request. If a school board 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 constitutes a failing grade for a course taken at an institution of higher education or technical college under this section.
   (8)   Program information; agreement.
      (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.
      (b)    A school board 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.
Effective date note NOTE: Sub. (8) is shown as affected eff. 7-1-18 by 2017 Wis. Act 59. Prior to 7-1-18 it reads:
Effective date text (8)?Program information. 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 9th, 10th and 11th grades.
   (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).