Assembly Bill 40: Restricts Public School Access


Last Updated: September 19, 2013
Assembly Bill 40: Restricts Public School Access
Joint Committee on Finance

Currently, Wisconsin Statute §118.145(4) gives homeschool students (and private school students) the right to take up to two public high school classes. The student must be qualified to attend the school itself, and there must be room in the classroom, but there are no other restrictions.

Section 1828 of AB 40 (the budget bill) now pending in the Wisconsin Legislature would give public schools unlimited discretionary power to exclude homeschoolers. It would, in effect, convert a homeschooler’s right to take public high school classes into a privilege to be granted only when the whims of the school district are satisfied. The bill achieves this by giving school districts new unlimited power to set admissions requirements for homeschoolers each individual course.

This provision is also a glaring example of discrimination. Section 1828 allows private school students to keep exactly the same right to public high school classes they have always had under Wisconsin Statute §118.145(4.

HSLDA's Position:
Action Requested:
None at this time

Please call the governor’s office. Your message can be as simple as: “Please remove Section 1828 from AB 40. It gives unlimited power to public schools to turn homeschool students away from public high school classes. It discriminates against homeschool students and it’s an invitation to arbitrary action.”

To contact the governor, for email: For phone calls: Office of Governor Scott Walker, (608) 266-1212


06/19/2013: Passed House, sent to Senate
06/27/2013: Passed Senate, sent to Governor
07/2/2013: Enacted as 2013 Wisconsin Act 20 ; codified at Wisconsin Statutes 118.53

 Other Resources

Bill Text

Bill History

E-lert June 20, 2013—“Call Now to Protect Right to Take Public School Classes”