Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Emily Hicks, Staff Attorney August 7, 2023
2023 Wisconsin Act 26
[2023 Assembly Bill 233]
School Board Members as
Volunteer Bus Drivers
BACKGROUND
Under the common law doctrine of incompatibility of offices, an individual may not hold multiple
public positions that, due to the nature of and duties associated with the positions, present potential
conflicts of interest, such as when one position supervises or controls the duties of the other position.
The doctrine of incompatibility of offices generally prevents a school board member from holding any
other position within the school district. However, state law provides an exception that allows a school
board member to serve as a volunteer coach or extracurricular activity supervisor, provided certain
criteria are met. Specifically, the school board member must:
1. Not receive any compensation for serving as a volunteer coach or extracurricular activity supervisor;
2. Agree to abstain from voting on any issue before the school board that substantially and directly
concerns the activity the member coaches or supervises; and
3. Undergo a criminal background check.
2023 WISCONSIN ACT 26
2023 Wisconsin Act 26 creates another exception to the doctrine of incompatibility of offices that allows
a school board member to serve as a volunteer bus driver. Under the act, a school board member who
serves as a volunteer bus driver must satisfy all of the following criteria:
1. Be authorized by the Department of Transportation to drive a school bus.
2. Hold a valid commercial driver license.
3. Not receive any compensation for serving as a volunteer bus driver.
4. Agree to abstain from voting on any issue before the school board that substantially and directly
concerns the school bus drivers.
The act clarifies that a school board member serving as a volunteer coach, supervisor, or bus driver may
be reimbursed for expenses incurred in connection with providing those volunteer services; for a school
board member serving as a volunteer bus driver, costs associated with training for or renewing required
licensure is considered an expense incurred in connection with providing the volunteer service.
Effective date: August 6, 2023
For a full history of the bill, visit the Legislature’s bill history page.
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