Originally Sent: 7/1/2013

From the HSLDA e-lert service…
Home School Legal Defense Association

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Governor Signs AB 40, Does Not Veto Section 1828

Homeschooling in Wisconsin

Thank you for defending parental rights.



Senior Counsel Scott Woodruff answers questions and assists members with legal issues in your state. He and his wife homeschooled their children.
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Dear HSLDA Wisconsin Friends and Members:

On Sunday Governor Walker signed AB 40 into law without vetoing Section 1828. Public schools will therefore have power to impose new troublesome red tape requirements on homeschool students wanting to take public school classes. Elementary classes will also now be available to homeschool students, but subject to virtually whatever requirements the public school may wish to impose.

Private school students, on the other hand, will continue to be able to take public high school classes without admissions requirements for individual classes.

AB 40 also enacts a state tax deduction for some private school expenses.

On the other hand, we can be grateful that Wisconsin law does not put the same burdens on homeschools that it puts on private schools.

For example, Wisconsin statute 118.16(3) says private schools must keep certain records and let attendance officers inspect the records “at all reasonable times.” We obviously don’t want attendance officers knocking on our doors and asking to come in and see records.

And the record keeping requirements for private schools are more intrusive than for homeschools. For example, under current law, homeschools are not required to report the names of the children who are being homeschooled. But statute 115.30(2)—applicable to private schools because of statute 118.16(3)—requires private schools to give attendance officers access to the names and ages of all pupils. And statute 120.18—also applicable to private schools because of 118.16(3)—could require private schools to give attendance officers information related to the private school’s debts, income, technology usage, etc.

And this does not even touch the surface of the health and safety requirements that private schools must meet.

In creating Wisconsin’s homeschool law, the legislature borrowed several aspects of private school regulation. But the legislature made homeschooling separate and distinct from private schools, and this helps protect our freedom.

Thank you for standing with us for freedom!

Scott A. Woodruff, Esq.,
Senior Counsel, HSLDA

P.S. We greatly value you and your support—it is a privilege to serve you. Thank you for all you do for freedom! If you or someone you know is not a member of HSLDA, will you consider taking a moment today to join or recommend us? Your support enables us to defend individual families threatened by government officials and protect homeschooling freedom for all. Join now >>

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