Wisconsin also has a compulsory attendance law that says all children between the ages of 6 and 18 must attend school (Wis Stat 118.15). Subsection (4) states that attendance in a Home-Based Private Educational Program (homeschool) may be substituted for attendance at a public or private school.

“(1)(a) Except as provided under pars. (b) to (d) and (g) and sub. (4), unless the child is excused under sub. (3) or has graduated from high school, any person having under control a child who is between the ages of 6 and 18 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public, private, or tribal school in which the child should be enrolled is in session until the end of the school term, quarter, or semester of the school year in which the child becomes 18 years of age.” (WI stat 118.15(1)(a))

“(4) Instruction in a home-based private education program that meets all of the criteria under s.118.165 (1) may be substituted for attendance at a public or private school.” (WI stat 118.15(4))

• Wis Stat 115.03(3) Required Forms and Reports

Wisconsin law requires all schools – public, private, tribal, and homeschools – to submit a form to the Department of Public Instruction by October 15th of each year. (WI Stat 115.30(3). This statute states:

“On or before each October 15, each administrator of a public or private school system or a home-based private educational program shall submit, on forms provided by the department, a statement of the enrollment on the 3rd Friday in September in the elementary and high school grades under his or her jurisdiction to the department which shall prepare such reports as will enable the public and private schools and home-based private educational programs to make projections regarding school buildings, teacher supply and funds required. The administrator of each private school system and home-based private educational program shall indicate in his or her report whether the system or program meets all of the criteria under s. 118.165 (1).” (WI stat 115.30(3))

The PI-1206 Homeschool Report has two parts: a statement of enrollment on the third Friday in September, and a legal affirmation that the parent or guardian is in compliance with Wisconsin Homeschooling law. The PI-1206 Homeschool Report must be submitted on or before October 15 or immediately if you begin homeschooling after October 15.

• There is no requirement under the law for you to file before October 15.
• Because the law requires the PI-1206 Homeschool Report to include a statement of enrollment on the third Friday in September, WHPA believes it is logical to file the PI-1206 Homeschool Report only in the window between the third Friday in September and October 15.
• Filing earlier is not required by law, and school districts cannot compel you to file before October 15.
• Filing early is unnecessarily doing more than the law requires, and may jeopardize our reasonable homeschooling law for you and for all homeschoolers in Wisconsin, now and in the future.

The PI-1206 Homeschool Report, required for all Wisconsin homeschoolers each year, affirms that each Home Based Private Educational Program is meeting certain requirements. These requirements are listed in Wis Stat 118.165(1), which reads:

1. “An institution is a private school if its educational program meets all of the following criteria:

(a)The primary purpose of the program is to provide private or religious-based education.

(b)The program is privately controlled.

(c) The program provides at least 875 hours of instruction each school year.

(d) The program provides a sequentially progressive curriculum of fundamental instruction in reading, language arts, mathematics, social studies, science and health. This subsection does not require the program to include in its curriculum any concept, topic, or practice in conflict with the program’s religious doctrines or to exclude from its curriculum any concept, topic, or practice consistent with the program’s religious doctrines.

(e) The program is not operated or instituted for the purpose of avoiding or circumventing the compulsory school attendance requirement under s. 118.15 (1) (a) and (am).

(f) The pupils in the institution’s educational program, in the ordinary course of events,return annually to the homes of their parents or guardians for not less than 2 months of summer vacation, or the institution is licensed as a child welfare agency under s. 48.60(1).” (WI stat 118.165)

Under Wisconsin law, the primary purpose of your homeschool must be to provide a program of education to your own family unit. You may not operate a homeschool for any other primary purpose, like to evade compulsory school attendance (118.165(1)(e)), or to employ your children at your home business or farm, for example.

Wis Stat 118.165(1)(b) Private Control of a Homeschool 

Under Wisconsin law, parents must directly and fully control their homeschools. If your program of instruction is controlled by anyone else – an educational institution of any kind, a government agency, a private business, or any group (religious, secular, or otherwise) – it is not a Home-Based Private Educational Program.

Wis Stat 118.165(1)(c) and (d) 875 Hours of Instruction and Required Topics of Study

Home-based private educational programs are:

• Required to provide “at least 875 hours of instruction.” (Wis Stat 118.165(1)(c))
• Required to include “a sequentially progressive curriculum of fundamental instruction in reading, language arts, mathematics, social studies, science and health.” (Wis Stat 118.165(1)(d))
• To be provided “by the child’s parent or guardian or by a person designated by the parent or guardian.” (Wis Stat 115.001(3g))

The statute (Wis Stat 115.001(3g)) is clear that, “An instructional program provided to more than one family unit does not constitute a home-based private educational program.”

The 875 hours of instruction required by statute must be provided by the parent or guardian, or a designee, to only one family unit. Other educational activities which include more than one family unit can be considered enrichment activities, as they should not be considered as meeting this minimal requirement. Such enrichment activities have great educational value, and may be included in other ways in your homeschooling records and transcripts, just like non-school activities for students who attend institutional schools.

Parents are free to include other topics in their homeschool, and are not required to include topics which conflict with the program’s religious doctrines.

Wisconsin homeschooling parents may choose how and when to provide the required hours of instruction. They are not bound by any institutional school calendar or program for this purpose.

Please read the statutes carefully. Wis Stat 118.15(1), (4) and Wis Stat 118.16(5) Unexcused Absences and Truancy

If you are following Wisconsin law for homeschooling, and have properly filed the PI-1206 Homeschool Report, your child is neither absent from school with an unexcused absence nor truant.

If you are not following Wisconsin law for homeschooling, and have not properly filed the PI-1206 Homeschool Report, and your child is not enrolled in and attending another legal program of education, your child is absent from school with an unexcused absence and may eventually be subject to the truancy process.

Unexcused Absences and the Truancy Process

Under Wis Stat 118.15(1), every child between the ages of 6 and 18 must attend school (see “Compulsory Attendance”). A child who is expected at school but does not show up will be marked absent. Wis Stat 118.16(2) requires the school attendance officer to daily determine whether each absence is excused or unexcused. If your child is receiving instruction in your homeschool, the answer is: The absence is excused, under Wis Stat 118.15(4).

You are not required by law to provide notice to your school or school district of your intent to homeschool. Providing such notice is a courtesy. However, if a school is not aware that your child is homeschooled, they will retain your child in their attendance, which will lead to a school attendance officer contacting you to ask whether or not your child’s absence is an excused absence.

• If a school attendance officer contacts you before October 15, you can inform them that your child’s absence is excused because they are receiving instruction in your homeschool. This parental notice of the intent to homeschool is sufficient for attendance purposes.
• After October 15, the absence is excused if and only if you have properly filed the PI-1206 Homeschool Report. There is no requirement under law that you pass a copy of your PI-1206 Homeschool Report on to your school or school district; this is the statutory duty of DPI.
• It is your responsibility under law to properly file the PI-1206 Homeschool Report on or before October 15, each year you are homeschooling.
• If you do not properly file the PI-1206 Homeschool Report on or before October 15, or immediately before beginning to homeschool after October 15, you are not complying with Wisconsin homeschooling law, and your child’s absence may not be excused, and you and your child may be subject to the truancy process.
• Wis Stat 118.16(2) outlines the substantial, ordered procedures schools must go through when enforcing compulsory school attendance and before enforcing the truancy statute.
• Wis Stat 118.15(5) outlines the penalties for truancy, which may include monetary fines and imprisonment.
• Filing a PI-1206 Homeschool Report cannot be done retroactively.
• Learn more about homeschooling at age 6 here.
• Learn more about homeschooling after age 18 here.

No, kindergarten is not mandatory in Wisconsin.

In 2009, Wisconsin enacted a new set of laws around kindergarten.

One part of the new laws says that a school board may not enroll a child in the first grade in a public school unless that child has completed public school kindergarten. (Wis Stat 118.33(6)(cm)(1)).

The law also requires that school boards establish policies for exempting children from the kindergarten requirement for public school first grade, and for parents to request review of a denial of exemption. (Wis Stat 118.33(6)(cm)(2)). This means every school district in Wisconsin must have an established procedure for exempting intended first graders from the kindergarten requirement. These procedures must include an automatic exemption for kids moving from a place where kindergarten is not a prerequisite for first grade, or where they already received an exemption. (Ibid). Finally, school districts must have established, written procedures for reviewing the denial of an exemption, should a parent or guardian request one. (Ibid).

However, none of this means that kindergarten is, in fact, mandatory in Wisconsin.  Wisconsin’s compulsory attendance law (WI Stat 118.15) remains unchanged, meaning that children under the age of 6 may not be compelled to attend school. This new statute has created legal confusion, including raising the question of enforceability. To date, WHPA is not aware of a single case of a child being denied admission to public school first grade under this statute.

FIf you are concerned about this law and homeschooling for kindergarten and planning to place your child in a public school for first grade, you should contact your local school and ask for their written policy concerning entrance to first grade for children who did not complete public school kindergarten. . It is required under law that each school district have such written policies in place.

If you are planning to continue homeschooling for first grade, or if you are planning to enroll your child in a private school for first grade, there are no special requirements for enrollment in a public school for any subsequent grades.

Wis Stat 118.15(1)(am)) Kindergarten Attendance

Kindergarten is not required under Wisconsin law. If you choose to enroll your child in kindergarten, your child must attend school regularly as long as they are enrolled in the school.

Read more about Wisconsin’s 2009 changes to the Kindergarten Law.

Under Wisconsin law, a homeschool is “a program of educational instruction provided to a child by the child’s parent or guardian or by a person designated by the parent or guardian. An instructional program provided to more than one family unit does not constitute a home-based private educational program.” (WI stat 115.001(3g))

Parents must control their homeschool programs. However, the law allows a parent or guardian to designate another person to provide the program of instruction. As long as the person you have designated is teaching only your family unit, those hours may count toward the 875 hours of instruction required as a minimum by law.

Since “home-based private educational programs” are not included in the state statute regarding immunizations (252.04), this statute does not apply to homeschoolers. Confirmation of this is also noted in the Department of Health Services publication, “Wisconsin School Immunization Requirements.”

A pupil enrolled in a home-based private educational program may attend up to 2 courses at a public school during each school semester if the school board determines that there is sufficient space in the classroom. A pupil enrolled in a home-based private educational program and attending a public school under this section may attend one course in each of 2 school districts, but may not attend more than 2 courses in any semester. A homeschooling child attending classes at a public school under this statue is not enrolled in public school.

Because instruction in a public school is provided to children from more than one family unit, these hours of instruction should not be considered as hours of homeschool instruction.

The statute says: A school board shall permit a pupil who resides in the school district and is enrolled in a home-based private educational program to participate in interscholastic athletics in the school district on the same basis and to the same extent that it permits pupils enrolled in the school district to participate. Upon request, the home-based educational program in which the pupil is enrolled shall provide the school board with a written statement that the pupil meets the school board’s requirements for participation in interscholastic athletics based on age and academic and disciplinary records. No person may provide a false statement under this paragraph. The school board may not question the accuracy or validity of the statement or request additional information.

A school board shall permit a pupil who resides in the school district and is enrolled in a home-based private educational program to participate in extracurricular activities in the school district on the same basis and to the same extent that it permits pupils enrolled in the school district to participate.

A school board may charge a pupil who participates in interscholastic athletics or extracurricular activities as permitted under this section participation fees, including fees for uniforms, equipment, and musical instruments, on the same basis and to the same extent that it charges these fees to a pupil who is enrolled in the school district.” (WI stat 118.133)

PLEASE NOTE:

If homeschoolers choose to take classes at public or private schools or participate in sports or extracurricular activities, these students may be subject to certain requirements of the institution. WHPA asks parents using this option to exercise care when deciding how to engage with their public school. Doing more than is required by law can set a dangerous precedent for your own family and for all other homeschoolers, now and in the future. A homeschooling child participating in public school activities under these statutes is not enrolled in public school.

Home-based private educational programs are:

• Required to provide “at least 875 hours of instruction.” (Wis Stat 118.165(1)(c))
• Required to include “a sequentially progressive curriculum of fundamental instruction in reading, language arts, mathematics, social studies, science and health.” (Wis Stat 118.165(1)(d))
• To be provided “by the child’s parent or guardian or by a person designated by the parent or guardian.” (Wis Stat 115.001(3g))

The statute (Wis Stat 115.001(3g)) is clear that, “An instructional program provided to more than one family unit does not constitute a home-based private educational program.”

The 875 hours of instruction required by statute must be provided by the parent or guardian, or a designee, to only one family unit. Other educational activities which include more than one family unit can be considered enrichment activities, as they should not be considered as meeting this minimal requirement. Such enrichment activities have great educational value, and may be included in other ways in your homeschooling records and transcripts, just like non-school activities for students who attend institutional schools.

Parents are free to include other topics in their homeschool, and are not required to include topics which conflict with the program’s religious doctrines.

Wisconsin homeschooling parents may choose how and when to provide the required hours of instruction. They are not bound by any institutional school calendar or program for this purpose.

Wisconsin law requires all schools – public, private, tribal, and homeschools – to submit a form to the Department of Public Instruction by October 15th of each year. (WI Stat 115.30(3). This statute states: 

“On or before each October 15, each administrator of a public or private school system or a home-based private educational program shall submit, on forms provided by the department, a statement of the enrollment on the 3rd Friday in September in the elementary and high school grades under his or her jurisdiction to the department which shall prepare such reports as will enable the public and private schools and home-based private educational programs to make projections regarding school buildings, teacher supply and funds required. The administrator of each private school system and home-based private educational program shall indicate in his or her report whether the system or program meets all of the criteria under s. 118.165 (1).” (WI stat 115.30(3))

The PI-1206 Homeschool Report has two parts: a statement of enrollment on the third Friday in September, and a legal affirmation that the parent or guardian is in compliance with Wisconsin Homeschooling law. The PI-1206 Homeschool Report must be submitted on or before October 15 or immediately if you begin homeschooling after October 15.

• There is no requirement under the law for you to file before October 15.
• Because the law requires the PI-1206 Homeschool Report to include a statement of enrollment on the third Friday in September, WHPA believes it is logical to file the PI-1206 Homeschool Report only in the window between the third Friday in September and October 15.
• Filing earlier is not required by law, and school districts cannot compel you to file before October 15.
• Filing early is unnecessarily doing more than the law requires, and may jeopardize our reasonable homeschooling law for you and for all homeschoolers in Wisconsin, now and in the future.