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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1026
January 29, 2024 - Introduced by Representatives BINSFELD, BEHNKE, DITTRICH,
DONOVAN, EDMING, MAXEY, MELOTIK, MYERS, MURPHY, MURSAU, NEDWESKI,
O'CONNOR, PENTERMAN, SCHMIDT and SNYDER, cosponsored by Senators
STROEBEL, CABRAL-GUEVARA and FEYEN. Referred to Committee on Education.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 118.33 (6) (a) 4., 118.33 (6) (b) 2r., 118.33 (6) (c) 4. and 118.33
(6) (cr) 4. of the statutes; relating to: prohibiting grade promotion on the basis
of absences from school.
Analysis by the Legislative Reference Bureau
Beginning in the 2025-26 school year, this bill prohibits a school board, the
governing body of a private school participating in a parental choice program, and
the operator of an independent charter school from promoting a pupil to the next
grade if the pupil was absent from school for more than the equivalent of 30 full days
of school during the school year. Under the bill, absences on days of school for which
the compulsory school attendance law does not apply to a pupil are not counted for
this purpose. Under current law, the compulsory school attendance law does not
apply to a pupil if 1) the pupil is excused because the pupil is temporarily not in
proper physical or mental condition to attend a school program but is expected to
return to a school program upon termination or abatement of the illness or condition;
2) the pupil is excused in accordance with a written attendance policy and with the
written approval of the pupil's parent or guardian; 3) the pupil is excused in writing
by his or her parent or guardian before the absence; or 4) the pupil is excused in
writing by the pupil's parent or guardian and by the principal of the pupil's school
for the purpose of serving as an election official.
The bill requires each school board, governing body of a private school
participating in a parental choice program, and the operator of an independent
charter school, by July 1, 2025, to adopt a written policy for grade promotion that
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requires that a pupil not have missed more than the equivalent of 30 full days of
school in order to be eligible to be promoted to the next grade. Current law requires
school boards, governing bodies of a private schools participating in a parental choice
program, and operators of independent charter schools to adopt written policies that
specify criteria for promoting a pupil from fourth grade to fifth grade and from eighth
grade to ninth grade, and by July 1, 2025, for promoting a pupil from third grade to
fourth grade.
For further information see the 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. 118.33 (6) (a) 4. of the statutes is created to read:
118.33 (6) (a) 4. By July 1, 2025, each school board shall adopt a written policy
for grade promotion that requires that, to be eligible for promotion to the next grade,
a pupil may not have been absent from school for more than the equivalent of 30 full
days of school during the school year. For purposes of a policy under this subdivision,
a school board may not count a pupil's absence that occurs on a day of school if s.
118.15 does not apply to the pupil attending school on that day under s. 118.15 (3).
A school board may not promote a pupil to the next grade unless the pupil is eligible
for promotion to the next grade, as specified in the school board's policy under this
subdivision.
SECTION 2. 118.33 (6) (b) 2r. of the statutes is created to read:
118.33 (6) (b) 2r. By July 1, 2025, each operator of a charter school under s.
118.40 (2r) or (2x) shall adopt a written policy for grade promotion that requires that,
to be eligible for promotion to the next grade, a pupil may not have been absent from
school for more than the equivalent of 30 full days of school during the school year.
For purposes of a policy under this subdivision, an operator of a charter school under
s. 118.40 (2r) or (2x) may not count a pupil's absence that occurs on a day of school
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if s. 118.15 does not apply to the pupil attending school on that day under s. 118.15
(3). An operator of a charter school under s. 118.40 (2r) or (2x) may not promote a
pupil to the next grade unless the pupil is eligible for promotion to the next grade,
as specified in the charter school operator's policy under this subdivision.
SECTION 3. 118.33 (6) (c) 4. of the statutes is created to read:
118.33 (6) (c) 4. By July 1, 2025, the governing body of each private school
participating in the program under s. 119.23 shall adopt a written policy for grade
promotion that requires that, to be eligible for promotion to the next grade, a pupil
may not have been absent from school for more than the equivalent of 30 full days
of school during the school year. For purposes of a policy under this subdivision, the
governing body of a private school participating in the program under s. 119.23 may
not count a pupil's absence that occurs on a day of school if s. 118.15 does not apply
to the pupil attending school on that day under s. 118.15 (3). The governing body of
a private school participating in the program under s. 119.23 may not promote a pupil
to the next grade unless the pupil is eligible for promotion to the next grade, as
specified in the governing body's policy under this subdivision.
SECTION 4. 118.33 (6) (cr) 4. of the statutes is created to read:
118.33 (6) (cr) 4. By July 1, 2025, the governing body of each private school
participating in the program under s. 118.60 shall adopt a written policy for grade
promotion that requires that, to be eligible for promotion to the next grade, a pupil
may not have been absent from school for more than the equivalent of 30 full days
of school during the school year. For purposes of a policy under this subdivision, the
governing body of a private school participating in the program under s. 118.60 may
not count a pupil's absence that occurs on a day of school if s. 118.15 does not apply
to the pupil attending school on that day under s. 118.15 (3). The governing body of
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a private school participating in the program under s. 118.60 may not promote a pupil
to the next grade unless the pupil is eligible for promotion to the next grade, as
specified in the governing body's policy under this subdivision.
(END)
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