Is there a right to a free public education?
A public education is granted by the Wisconsin Constitution at Article X, Section 3, and provides that public schools "shall be free and without charge for tuition to all children between the ages of 4 and 20 years." This is commonly known as the public school K-12 system that covers our children's education between kindergarten and the 12th grade.
Generally, a student residing within the physical boundary lines of a school district is entitled to a free and appropriate education within that district. Children with special needs also are entitled to a free and appropriate education with an educational placement based upon special needs.
While the State of Wisconsin grants a right to a free public education, the state also requires compulsory school attendance of children between the ages of 6 and 18 years if they have not yet been graduated.
School boards must provide transportation to and from public schools for all pupils that reside more than two miles from the nearest public school.
How are school districts managed?
State of Wisconsin public school districts are governed by local school boards. The Wisconsin Constitution mandates that the Legislature shall establish a school system. The Legislature has enacted many laws to cover the operation and governance of local school districts.
There are several types of school districts for school district government purposes.
There are common and unified high school districts. In general, these are districts that are found in nonurban areas. What distinguishes a common or union high school district is that the district's voters hold an annual meeting to discuss an agenda concerning various authorizations to the school board for the school's operation. The school board itself is granted authority from the Legislature to operate the schools.
Another type of school district is a unified school district. These districts are generally in urban areas because the unified districts were formerly known as city school districts. The unified school districts do not hold annual meetings and, therefore, there is a perception that a unified school district has more power than a school board in a common or union school district. The city of Milwaukee has its own school district.
Do we have to follow school rules?
All school boards have the power to adopt reasonable rules for the district to control a school district's operation. This includes rules that apply to members of the public who enter on school property and rules that apply to the pupils. For example, school boards can create a written policy that says student lockers are school property and are subject to random, warrantless searches.
School administrators may discipline students who violate school rules and/or engage in other types of applicable misconduct. Disciplining students can range from oral reprimands to expulsion from the district's schools. When a student gets expelled, he/she does not have a right to a free education in that school district. The student must seek an education elsewhere. There also may be restrictions on the enrollment of an expelled student in another district.
The school district's administration may suspend students for up to three consecutive days for misconduct and up to 15 days if a notice of a pending expulsion hearing is provided to the pupil and parents. If a student has an exceptional educational need, there is a federal rule that the student only can be suspended for up to 10 days pending an expulsion hearing. The days are active school days and do not include weekends or intervening holidays when school is not in session.
Expulsion hearings can be held before a board of education or a hearing examiner appointed by the board of education. The statutory authorization for holding an expulsion hearing is attached to the notice of expulsion the pupil and parents receive. The pupil and parents have a right to legal counsel at their own expense, to present evidence and to cross-examine witnesses.
Appeals from expulsion proceedings are presented to the state superintendent.
What does the state superintendent do?
The state superintendent is a constitutionally created office in the State of Wisconsin. The position of state superintendent is to oversee the operations of all Wisconsin schools. The state superintendent also reviews how education is provided to Wisconsin handicapped pupils.
What do I do if I have a problem with the school?
Parental concerns about how local schools are operated should first be addressed to the building administrator in which the pupil is located. If the dispute is not resolved at that level, then the parental concerns should be addressed to the next level of supervision within that building or to the school's district administrator. Generally, if parental concerns are not alleviated at the district administrator level, the matter can be addressed to the school board or, in certain cases, directly to the Department of Public Instruction.
Most school districts have compiled their local school rules, which are available for review by contacting the district administrator's office.
Last updated: June 2000 | 
