CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Declaration of Rights (art. I).

SEC. 18. Freedom of religion and conscience.-The right of every man to worship Almighty God according to the dictates of his own conscience shall never be infringed; nor shall never be infringed; nor shall any man be compelled to attend, erect or support any place of worship, or to maintain any ministry, against his consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries.

SEC. 23. Transportation of school children.-Nothing in this constitution shall prohibit the legislature from providing for the safety and welfare of children by providing for the transportation of children to and from any parochial or private school or institution of learning. [Created Apr. 4, 1967.]

Education (art. X).

SEC. 3. District schools; uniformity; tuition; sectarian instruction.—The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years; and no sectarian instruction shall be allowed therein; but the legislature by law may, for the purpose of religious instruction outside the district schools, authorize the release of students during regular school hours. [As amended Apr. 4, 1972.]

Corporations (art. XI).

SEC. 1. Formation; general laws; special acts; change of law.-Corporations without banking powers or privileges may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the legislature, the objects of the corporation cannot be attained under general laws. All general laws or special acts enacted under the provisions of this section may be altered or repealed by the legislature at any time after their passage.

STATUTORY PROVISIONS

Wisconsin Code (vol. 18).

Approval/Supervision/Support

Ch. 115. State Superintendent; General Classifications and Definitions; Handicapped Children-Subch. II. State Superintendent of Public Instruction.

SEC. 115.28. General duties.-The state superintendent shall: (1) General supervision. Ascertain the condition of the public schools, stimulate interest in education and spread as widely as possible a knowledge of the means and methods which may be employed to improve the schools. (2) Sectarianism. Exclude all sectarian books and instruction from the public schools.

(3) Supervision of schools. Supervise and inspect the public schools, county teachers colleges and day schools for handicapped children, advise the principals and local authorities thereof and give assistance in organizing such schools.

(7) Licensing and certification of teachers. (a) License or certify all teachers for the public schools of the state, make rules and prescribe standards of attainment for the examination, licensing and certification of teachers within the limits prescribed in sections 118.19(2) and (3) and 118.195, file in his office all papers relating to state teachers' licenses and certificates and register each such license or certificate.

(b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in either public or private schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private schools are not obligated to employ only licensed or certified teachers.

(c) License, certify and make rules and prescribe standards of attainment for the examination, licensing and certification of persons, including teachers, employed by special education programs as defined in sections 115.76(10).

(8) Admissions to first grade. Prescribe procedures, conditions and standards under which admissions to first grade may be made at an age earlier than that specified in section 118.14 in exceptional cases.

(9) Federal aids. Accept federal funds for any function over which the state superintendent has jurisdiction and act as the agent for the receipt and disbursement of such funds.

Compulsory Education

General School Operations (ch. 118).

SEC. 118.14. Age of pupils.-No child may be admitted to the 1st grade unless he is 6 years old on or before December 1 in the year he proposes to enter school. A resident over 20 years of age may be admitted to school when in the judgment of the school board he will not interfere with the pupils of school age.

SEC. 118.15. Compulsory school attendance.-(1)(a) Unless the child has a legal excuse or has graduated from high school, any person having under his control a child who is between the ages of 7 and 16 years shall cause such child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which such child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which he becomes 16 years of age. (b) Unless the child has a legal excuse or has graduated from high school, any person having under his control a child who is between the ages of 7 and 18 years and who resides within a school district which also contains within its boundaries a vocational, technical and adult education school designated by the board of vocational, technical and adult education as a school with a day class program, shall cause such child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which such child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which he becomes 18 years of age. A child is eligible to attend a vocational, technical and adult education school under section 38.22(1), in lieu of high school, upon attaining the age of 16 years.

(c) If his parent or legal custodian and the school board of his district so determine, any child who is 16 years of age or over shall attend, in lieu of high school or on a part-time basis as determined by the parent or legal custodian, a vocational, technical and adult education school. Where such a determination is made, the district board of the vocational, technical and adult education district in which the child resides must admit the child and must enter into the contract specified in sub. (2). Every district board must offer day class programs satisfactory to meet the requirements of this paragraph and subsection (2) as a condition to the receipt of any state aid. (d) A school board may permit a pupil who is in good standing academically to attend school part-time during his last school term preceding graduation from high school.

(2) (a) If the determination is made under subsection (1)(c) that a child shall attend a vocational, technical and adult education school, the district board governing the vocational, technical and adult education school shall establish appropriate vocational and technical courses in accordance with par. (b) 1 and the school board of the district and the district board governing the vocational, technical and adult education school shall enter into a contract for such attendance.

(b) The contract shall set forth:

1. The courses at the vocational, technical and adult education school which are approved by the state superintendent as being courses for which credit will be given to meet high school graduation requirements.

2. The amount per student class hour of instruction, not including any debt retirement cost, which the school board shall pay to the district board of the vocational, technical and adult education school for pupils attending such school. If either board sends written notice to the state superintendent or the director of the board of vocational, technical and adult education that the boards are unable to reach an agreement on the amount to be paid,

the state superintendent and the director shall determine the amount within 15 days of receipt of such notice.

(c) Pupils attending a vocational, technical and adult education school under this subsection may receive general education subjects at the vocational, technical and adult education school and shall be counted as pupils enrolled in the high school for all purposes including computing state aid for the school district and contractual payments therefor by the school district shall be deemed costs of operation and maintenance. No state aid may be paid to the vocational, technical and adult education district for pupils attending the vocational, technical and adult education school under this subsection.

(d) Transportation, or board and lodging under section 121.57(1)(a), for pupils attending a vocational, technical and adult education school under this subsection shall be provided by the school district, and state aids shall be paid therefor, on the same basis as is transportation for pupils attending high school. ***

Special Education

Ch. 115. State Superintendent; General Classifications and Definitions; Handicapped Children-Subch. III. State Schools and Scholarships for the Handicapped

SEC. 115.51. Definitions.-In this subchapter: (1) “Blind” includes persons visually handicapped, as determined by competent medical authority with the approval of the state superintendent.

(2) "Deaf" includes persons who because of some pathological or functional cause cannot attain proficiency in speech without special instruction and training.

SEC. 115.52. Wisconsin schools for the visually handicapped and the deaf.-(1) The object of the Wisconsin school for the visually handicapped and the Wisconsin school for the deaf is to afford the visually handicapped and the deaf a practical education and physical rehabilitation which may aid them to make a living, discharge their duties as citizens and secure to them all possible happiness.

(2) The state superintendent shall maintain and govern the school for the visually handicapped and the school for the deaf. He may fix the period of the school year at the schools at not less than 38 weeks, prescribe the school terms and confer diplomas upon meritorious pupils who have completed the prescribed curricula.

(3) All the blind and the deaf residents of this state between the ages of 6 and 21 who are capable of receiving instruction shall be received and taught in the schools free of charge. Like nonresident pupils also may be received upon payment in advance of the fees fixed by the state superintendent at an amount not less than $75.00 per month, but no nonresident shall be received to the exclusion of a resident pupil. The state superintendent also may admit pupils over 21 years of age upon the payment of fees fixed by him and upon the recommendation of the secretary of health and social services, the director of vocational, technical and adult education or the superintendent of the school to which the pupil will be assigned. All pupils shall equally and freely enjoy the benefits and privileges of the schools and have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination. The schools may provide transportation for resident indigent pupils.

(5) The state superintendent may grant approval for the maintenance of a summer school at the school for the deaf whenever it will be to the advantage of deaf persons. There shall be a summer school each year at the school for the visually handicapped for adult visually handicapped persons. There is no age limitation on summer school admissions.

(6) The state superintendent may make charges for meals, living quarters, laundry and other services furnished to employees of the schools and their families. He also may make charges for services furnished to visitors at the schools and participants in training programs and institutes.

(7) The Wisconsin school for the deaf may provide instruction for preschool

deaf children and their parents. The Wisconsin school for the visually handicapped may provide instruction for preschool visually handicapped children and their parents. Such instruction or treatment shall be subject to the approval of, and shall comply with requirements established by, the department. [History-Subsec. (7) created by-L. 1973, ch. 89, sec. 4, eff. Aug. 9, 1973.]

SEC. 115.54. Compulsory education.-If it appears, by affidavit, to any county judge that any blind or deaf child between the ages of 6 and 21 is deprived of a suitable education by the failure of the person having the care and custody of the child to provide a suitable education, the judge shall order such person to bring the child before him. If the material allegations of the affidavit are denied, he shall subpoena witnesses and hear testimony. If the allegations are admitted or established, the judge may order the child sent to the school for the visually handicapped or for the deaf or to some class or other school for instruction, but the order shall not make a direct charge for the class or school against any county.

SEC. 115.56. Scholarships for blind students.—Under the direction of the superintendent of the school for the visually handicapped and subject to the approval of the state superintendent, any blind person who has been a resident of this state for at least 5 years preceding application for aid under this section and who is a regularly enrolled student in any university, college or conservatory of music may receive aid for the purposes of defraying tuition and other necessary expenses, including a reader, while in attendance at the university, college or conservatory of music. The aid to any such person shall not exceed $400 in any one year, nor shall the total aid exceed $2,000.

SEC. 115.57. Scholarships for deaf and hard of hearing students.-- Under the direction of the division for handicapped children and subject to the approval of the state superintendent, any deaf or hard of hearing person who has been a resident of this state for at least 5 years preceding application for aid under this section and who is a regularly enrolled student in any university or college may receive aid for the purposes of defraying tuition and other necessary expenses while in attendance at the university or college. The state superintendent shall set standards to determine the amount to be granted. The aid to any such person shall not exceed $500 in any one year.

Children With Exceptional Educational
Needs (subch. IV).

SEC. 115.76. Definitions.-In this subchapter: (1) "Administrator" means the administrator of the division for handicapped children.

(2) “Child” means any person under the age of 21 years, except as otherwise provided.

(3) "Child with exceptional educational needs" means any child who has a mental, physical, emotional or learning disability which, if the full potential of the child is to be attained, requires educational services to the child to supplement or replace regular education. Children with the following conditions, in addition to children with such other conditions as the state superintendent determines, may require educational services to supplement or replace regular education:

(a) Physical, crippling or orthopedic disability.

(b) Mental retardation or other developmental disabilities.

(c) Hearing impairment.

(d) Visual disability.

(e) Speech or language disability.

(f) Emotional disturbance.

(g) Learning disability.

(h) Pregnancy, including up to 2 months after the birth of the child or other termination of the pregnancy.

(i) Any combination of conditions named by the state superintendent or enumerated in pars. (a) to (h).

(4) "Division" means the division for handicapped children.

(5) "Expanded program" means any program which has increased its educational services, facilities or staff in such manner and degree as specified in written standards issued by the state superintendent. (6) "Parent" includes a guardian.

(7) "Part of a program" means that portion of a program in which a child with a particular type of exceptional educational need participates. (8) "Reduced program" means any program which has decreased its educational services, facilities or staff in the manner and degree specified in written standards issued by the state superintendent.

(9) "Regular education" means the educational program provided by a public or private school for children who do not have exceptional educational needs.

(10) "Special education" means any educational assistance required to provide an appropriate education program for a child with exceptional educational needs and any supportive or related service. [Source: L. 1973, ch. 89, sec. 5, eff. Aug. 9, 1973.]

SEC. 115.82. Compulsory attendance.-The provisions of section 118.15 relating to compulsory school attendance apply during the school term to children with exceptional educational needs and may be satisfied by attendance at special education programs operated by a school district, county handicapped children's education board, board of control of a cooperative educational service agency, state or county residential facility or private special education service. [Source: L. 1973, ch. 89, sec. 5, eff. Aug. 9, 1973.]

SEC. 115.83. Authorization of special education programs and services.— (1) A school board, board of control of a cooperative educational service agency or, upon authorization of the county board, a county handicapped children's education board may:

(a) Subject to approval by the division under section 115.77(4)(b) and (c), establish, maintain, expand, reduce or discontinue a special education program, including special physical or occupational therapy services, for children with exceptional educational needs.

(b) Employ, for a special education program, either full- or part-time certified teachers, certified coordinators of special education, certified school social workers, certified school psychologists, paraprofessionals, certified consulting teachers to work with any teacher of regular education programs who has a child with exceptional educational needs in a class and any other personnel approved by the department.

(c) Provide in-service training for any teacher who has a child with exceptional educational needs in a class and any other services approved by the department.

(2) A special education program may consist of such special education programs for children as to allow them to attend regular education programs, one or more special schools or preschools, special sections within a school or preschool, special instruction centers, special instruction at the home or residence of the child or at any other location or any other special education program approved by the state superintendent.

(3) A special education program may be supplemented by family guidance or counseling services to train other members of the child's family to assist in the child's education.

(4) A special education program may be for the school term, may include a summer program or may be for the school year.

(5) The courses, qualifications of teachers, coordinators, social workers and school psychologists and plan of organizing and maintaining special education programs and other services shall comply with requirements established by the state superintendent. [Source: L. 1973, ch. 89, sec. 5, eff. Aug. 9, 1973.]

SEC. 115.85. School district.-(1) Responsibility to make programs available. (a) Each school district shall ensure that appropriate special education programs are available to children with exceptional educational needs who have attained the age of 3 years and who reside in the school district.

(b) A school district may provide special education for preschool children under the age of 3 years and instruction for their parents. Such special education shall be subject to the approval of and shall comply with requirements established by the state superintendent.

(c) The school board shall submit to the division any information it requires concerning special education in state or county facilities supervised by the division under section 115.77(3)(d) and shall advise the superintendent of each such facility.

(2) Placement in appropriate program. The school board after consultation with the multidisciplinary team and after the parent has consented in writing shall place in an appropriate special education program a child who has been recommended for special education by a multidisciplinary team and who resides in the school district. The board may delegate this responsibility in such manner and to such person as it deems appropriate, including the multidisciplinary team. ***

SEC. 115.86. Handicapped children's education board.—(1) Definitions. In this section “board” means the county handicapped children's education board.

(2) Establishment. Any county board may determine to establish a special education program for children with exceptional educational needs, for school districts in the county. The program may provide for one or more special schools, classes, treatment, or instruction centers or any other service authorized under section 115. 83 for children with one or more types of exceptional educational needs. A school district shall be included under such county program only to the extent approved by formal action of the school board of the district. When the county board determines to establish such a program, it shall create a board to be known as the "Handicapped Children's Education Board".

(5) Board duties. The board shall have charge of all matters pertaining to the organization, equipment, operation and maintenance of such programs and may do all things necessary to perform its function, including, without restriction because of enumeration, the authority to erect buildings subject to county board approval and employ teachers and other personnel. The board shall prepare an annual budget which shall be subject to approval of the county board under section 65.90 and shall include, without limitation because of enumeration, funds for the hiring of staff, the purchase of materials, supplies and equipment and the operation and maintenance of buildings or classrooms.

(8) Transportation. The board may promulgate a plan for the transportation at county expense of children who are participating in special education programs under this section, special education programs operated at day care centers or special education programs operated by a private organization within whose attendance area the child resides and which is situated not more than 5 miles beyond the boundaries of the area the board serves, as measured along the usually traveled route. The plan, upon approval of the state superintendent, shall govern the transportation of such children. Any such plan for transportation during the school term supersedes sections 115.88 and 121.54(3).

Special Educational Needs (subch. V).

SEC. 115.90. Definitions.-(1) In this subchapter, "pupils with special educational needs", means pupils who have or are likely to have low levels of academic achievement, especially in relation to social and economic factors.

(2) Any public school district which is determined to have pupils with special needs according to section 115.91 may apply for funds under section 115.92. Nonprofit, nonsectarian agencies may apply for funds under section 115.92. Prior to accepting applications from any such agency, the state superintendent shall determine that it has adequate management and accounting capacity and such agency shall agree that its accounts related to such programs may be audited. [Source: L. 1973, ch. 90, sec. 442, eff. Aug. 5, 1973.]

SEC. 115.91. Identification of pupils with special education needs.—(1) Annually the state superintendent shall establish criteria by which characteristics of social and economic factors can be measured and on which he will make grants to school districts or agencies for programs for pupils with special educational needs.

(2) Each school district or agency for which a program is approved under section 115.92 shall select the individuals who have or are likely to have the greatest special educational needs. [Source: L. 1973, ch. 90, sec. 442, eff. Aug. 5, 1973.]

SEC. 115.92. Application and approval of programs to serve pupils with special educational needs.−(1) Annually the state superintendent shall issue guidelines for developing and approving programs for serving pupils with special educational needs. Such guidelines shall incorporate the factors which in his judgment provide the greatest likelihood for successful programs.

(2) The school districts and other agencies eligible under section 115.90 shall submit applications to serve the number of pupils determined under section 115.91. Such proposals shall demonstrate how other available funds will be incorporated into the program, that funds under section 20.255(1)(fd) will be directed to the pupils selected under section 115.90 and that funds under section 20.255(1)(fd) will not be used to supplant or replace other funds otherwise available for these pupils.

(3) The state superintendent shall approve applications which he determines will enhance the potential for academic success of the pupils. Priority shall be given to programs for preschool and primary elementary grade children. [Source: L. 1973, ch. 90, sec. 442, eff. Aug. 5, 1973.]

SEC. 115.94. Local advisory program councils.—No application for funds under this subchapter shall be reviewed by the state superintendent unless the school district or other eligible applicant has established a local advisory program council consisting of parents, community representatives, school administrators and teachers to advise on the development of applications and the implementation of approved programs. [Source: L. 1973, ch. 90, sec. 442, eff. Aug. 5, 1973.]

Curriculum

State Superintendent; General Classifications and Definitions; * * * (ch. 115).

SEC. 115.01. Classifications and definitions.—In this title:

(2) Grades. The educational work of the public schools is divided into 12 grades, besides kindergarten, which are numbered from one to 12 beginning with the lowest. The first 8 grades are the elementary grades. Where reference is made to "elementary grades," the reference includes kindergarten, where applicable. The last 4 grades are the high school grades. A junior high school is a school in which only grades 7 to 9 or grades 7 to 10 are taught. A senior high school is a school in which only grades 10 to 12 are taught. This classification is not a limitation of the character of work or the studies that may be carried on in either the elementary or the high schools.

General School Operations (ch. 118).

SEC. 118.01. Curriculum requirements.—(1) Fundamental course. Reading, writing, spelling, English grammar and composition, geography, arithmetic, elements of agriculture and conservation of natural resources, history and civil government of the United States and of Wisconsin, citizenship and such other subjects as the school board determines shall be taught in every elementary school. All instruction shall be in the English language, except that the school board may cause any foreign language to be taught to such pupils as desire it.

(2) Physiology and hygiene. Physiology and hygiene, sanitation, the effects of controlled substances under chapter 161 and alcohol upon the human system, symptoms of disease and the proper care of the body shall be

taught in either the 6th, 7th or 8th grade, but no pupil shall be required to take such instruction if his parents file with the teacher a written objection thereto. Instruction in physiology and hygiene shall be offered in every high school.

(3) Physical education. Physical instruction and training shall be provided for all pupils in conformity with the course of instruction in physical education prescribed by the department. In 1- and 2-room schools such instruction and training shall take the form of supervised playground work. In this subsection "physical education" means instruction in the theory and practice of physical exercise and instruction in hygiene, but does not include medical supervision.

(8) Cooperatives and conservation. Every high school shall provide instruction in cooperative marketing and consumers' cooperatives and conservation' of natural resources.

(9) Dairy products. Every public and private elementary and high school shall give instruction in the true and comparative vitamin content and food and health values of dairy products and their importance for human diet. The course of such instruction and the educational material therefor shall be prescribed by the department and shall be included in the instruction manuals for such schools. Such educational program shall be directed by the department through school district administrators and such other educational officials whose cooperation may be deemed necessary to insure its success. The department of agriculture, the department of health and social services and the college of agriculture and the extension division of the university of Wisconsin shall cooperate with and assist the department in the development and execution of such program.

(10) Citizenship. Every public and private school, by appropriate instruction and ceremony to be formulated by the department, shall provide instruction in the proper reverence and respect for and the history and meaning of the American flag, the Declaration of Independence, the U.S. Constitution, the constitution and laws of this state as well as the duties and responsibilities of citizenship, so that government of the people, by the people and for the people may function and endure in the United States of America.

Schools and School Districts-School-Work Training Programs (Chapter 332, Laws of 1973, Assembly Bill 239)-An Act to create 118.15(1)(e) of the statutes, permitting 16- to 18-year olds to be excused from full-time school attendance to participate in school-work training programs.

SEC. 118.15.-(1)e) If his parent or legal custodian and the school board of his district or the board's designee so determine, any child who is 16 years of age or over may be excused from full-time attendance at high school to participate in a school-work training program or work-study program developed for him in consultation with a school social worker, psychologist or guidance counselor. Upon approval of such a program by the state superintendent, the number of pupils enrolled therein shall be determined and state aid shall be paid to the pupils' school district in the manner provided in section 121.14(2)(b) and (c). [Effective July 3, 1974.]

Pupil Transportation

Compiler's Note: See CONSTITUTIONAL PROVISIONS, PUBLIC AID FOR NONPUBLIC SCHOOLS, DECLARATION OF RIGHTS, art I, sec. 23.

Ch. 121. School Finance-Subch. II. Transportation

SEC. 121.51. Definitions.-In this subchapter: ***

(3) "Private school" means any parochial or private elementary or high school in this state offering any academic grades comparable to those described in section 115.01(2), including kindergarten.

(4) "Attendance area" is the geographic area designated by the governing body of a private school as the area from which its pupils attend and approved by the school board of the district in which the private school is located. If the private school and the school board cannot agree on the

attendance area, the state superintendent shall, upon the request of the private school and the board, make a final determination of the attendance area. The attendance areas of private schools affiliated with the same religious denomination shall not overlap.

1. Validity-Intent, effect and result of amendments to school transportation statute providing for transportation at public expense of students to and from public schools on an attendance area basis is to establish an area or proximity basis as general rule for determining which schools pupils are to be assigned to, public, private or parochial and is not unconstitutional as authorizing overlapping of attendance areas estab lished for private, nonreligiously affiliated schools while banning overlapping only as to attendance areas established for private, religiously afiliated schools. [State ex rel. Vanko v. Kahl (1971) 188 N.W. 2d 460, 52 Wis. 2d 206.]

SEC. 121.54. Transportation by school district.-(1) City option. Subsections (2) and (6) and section 121.57 do not apply to pupils who reside in cities unless the school they attend is located outside the city but within the boundaries of the school district. Where an annual or special meeting of a common school district or a union high school district, or the school board of a city school district or unified school district determines to provide transportation for such pupils, state aid shall be paid in accordance with section 121.58 and there shall be reasonable uniformity in the transportation furnished such pupils whether they attend public or private schools.

(2) General transportation. (a) Except as provided in sub. (1), every school board shall provide transportation to and from public school for all pupils who reside in the school district 2 miles or more from the nearest public school they are entitled to attend..

(b) 1. Except as provided in sub. (1) or otherwise provided in this subsection, the school board of each district operating high school grades shall provide transportation to and from the school he attends for each pupil residing in the school district who attends any elementary grade, including kindergarten, or high school grade at a private school located 2 miles or more from his residence, if such private school is a school within whose attendance area the pupil resides and is situated within the school district or not more than 5 miles beyond the boundaries of the school district measured along the usually traveled route.

3. No later than May 15 in each year, each private school shall notify each school board of the names, grade levels and locations of all pupils, if any, eligible to have transportation provided by such school board under this paragraph and planning to attend such private school during the forthcoming school term. The school board may extend the notification deadline. (c) An annual or special meeting of a common school district or union high school district, or the school board of a city school district or unified school district may determine to provide transportation for all or part of the pupils who reside in the school district to and from the nearest public school they are entitled to attend or the private school within or without the school district within whose attendance area they reside, but if transportation is provided for less than all such pupils there shall be reasonable uniformity in the minimum distance that pupils attending public and private schools will be transported. Except for elementary school districts electing to furnish transportation under paragraph (b) 2, this paragraph does not permit the annual or special meeting or school board in a district operating only elementary grades to provide for the transportation of pupils attending private schools.

(3) Transportation for children with exceptional educational needs. Every school board shall provide transportation for children with exceptional educational needs, as defined in section 115.76(3), to any public or private elementary or high school, to the Wisconsin school for the visually handicapped or the Wisconsin school for the deaf or to any special educational program for children with exceptional educational needs sponsored by a state tax-supported institution of higher education, regardless of distance, if the request for such transportation is approved by the