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Bills from the 2021–22 session

Assembly Bill 59

Applications for the full-time open enrollment program in the 2020-21 and 2021-22 school years and the family income requirement for the Wisconsin Parental Choice Program in the 2021-22 school year. (FE)

Vetoed by the governor

Both chambers passed it, and the governor vetoed it on Jun 18, 2021. Lawmakers did not ⁠, so it stands.

  1. Introduced, passed

    Feb 12, 2021

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed 60 to 36

  4. Senate vote, passed

    Passed 20 to 12

  5. Governor, stopped here

    Vetoed Jun 18, 2021.

  6. Law, not reached

Latest entry in the official record, May 17, 2022: “Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82”

Read the governor's veto message · All vetoes this session

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

For the 2021-22 school year, this bill increases the income eligibility for the Wisconsin Parental Choice Program to 300 percent of the federal poverty level, allows a pupil to submit full-time open enrollment applications to an unlimited number of nonresident school districts, and prohibits a resident school district from denying a full-time open enrollment (OEP) application submitted under the alternative application process if the basis for the application is that the pupil's parent and nonresident school board agree that attending school in the nonresident school district is in the best interests of the pupil. Under the bill, the prohibition on resident school districts denying OEP applications submitted under the alternative application process also applies to an OEP application for the 2020-21 school year that is submitted on or after the date on which the bill becomes law.

Wisconsin parental choice program; family income requirement for the 2021-22 school year For purposes of attending a private school participating in the WPCP in the 2021-22 school year, this bill changes the family income eligibility requirement for the WPCP to a family income that is no more than 300 percent of the federal poverty level, which is the same as the family income eligibility requirement for the Racine and Milwaukee Parental Choice Programs. Under current law, the income eligibility requirement for the WPCP is a family income of no more than 220 percent of the federal poverty level.

Read the full summary

Full-time open enrollment; applications for the 2020-21 and 2021-22 school years Under current law, a pupil may attend a public school, including a virtual charter school, in a nonresident school district under the full-time open enrollment program (OEP). For purposes of the OEP, a virtual charter school is located in the school district that authorized the virtual charter school.

The standard OEP application procedure requires a pupil's parent to apply to a nonresident school district during the spring semester immediately preceding the school year in which the pupil wishes to attend the nonresident school district.

However, current law provides an alternative application procedure that allows a pupil's parent to apply to a nonresident school district at any time during the school year if certain circumstances apply. One of the circumstances under which a pupil may apply using the alternative application procedure is if the parent of the pupil and the nonresident school board agree that attending school in the nonresident school district is in the best interests of the pupil. Current law allows a resident school board to deny a pupil's application if the resident school board determines the circumstance relied upon by the pupil to use the alternative application procedure does not apply to the pupil. Current law also provides an appeal process in the event the resident school board denies a pupil's application.

Under the bill, during the 2020-21 and 2021-22 school years, if a pupil submits an OEP application using the alternative application procedure on the basis of the pupil's parent and nonresident school board agreeing that attending school in the nonresident school district is in the best interests of the pupil, the pupil's resident school board may not deny the application for any reason.

Current law also limits the number of nonresident school boards to which a pupil may apply to attend a public school under the OEP to no more than three nonresident school boards in any school year. Under the bill, this limitation does not apply to 1) applications for the 2020-21 school year that are submitted under the alternative application procedure, or 2) applications for the 2021-22 school year that are submitted under the standard or alternative application procedure.

Who's behind it

10 representatives are its ⁠. All 10 are Republicans.

12 more lawmakers ⁠.

See all 22 names

Authors (10)

Signed on in support (12)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

How lawmakers voted

There were 4 votes on this bill.

Assembly Committee on Education vote to recommend it

Passed, 9 to 5 · Mar 25, 2021

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by Committee on Education, Ayes 9, Noes 5”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 60 to 36 · May 11, 2021 · 2 didn't vote

See how each of the 98 representatives voted

D: Democrat, R: Republican

Yes (60)

No (36)

Didn't vote (2)

Official motion: “PASSAGE”. Official record · This vote on its own page

Senate vote

Passed, 5 to 0 · Jun 4, 2021

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0”. Official record · This vote on its own page

Senate vote to pass it

Passed, 20 to 12 · Jun 9, 2021 · 1 didn't vote

See how each of the 33 senators voted

D: Democrat, R: Republican

Official motion: “CONCURRENCE”. Official record · This vote on its own page

What happened

  1. May 17, 2022

    The veto stood. Lawmakers didn't override it.

  2. Feb 1, 2022

    Sent to the Assembly Committee on Rules.

  3. Jun 18, 2021

    The governor vetoed it.

  4. Jun 17, 2021

    Sent to the governor.

  5. Jun 9, 2021

    The Senate passed it too, 20 to 12.

  6. Jun 4, 2021

    “Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0” (the official wording)

  7. May 14, 2021

    Sent to the Senate Committee on Senate Organization.

  8. May 12, 2021

    The Senate received it.

  9. May 11, 2021

    The Assembly passed it, 60 to 36.

  10. Apr 14, 2021

    1 more representative signed on in support.

  11. Mar 25, 2021

    Sent to the Assembly Committee on Rules.

  12. Mar 25, 2021

    The committee voted to recommend passing it, 9 to 5.

  13. Mar 4, 2021

    1 more representative signed on in support.

  14. Mar 4, 2021

    The committee held a public hearing.

  15. Mar 4, 2021

    1 more representative signed on in support.

  16. Feb 17, 2021

    A state agency sent in its estimate of the cost.

  17. Feb 12, 2021

    Sent to the Assembly Committee on Education.

  18. Feb 12, 2021

    Introduced in the Assembly.

See the official record, word for word
  1. Feb 12, 2021 · Assembly

    Introduced by Representatives Dittrich, Brooks, Gundrum, Horlacher, Magnafici, Moses, Rozar, Thiesfeldt, Wichgers and Skowronski; cosponsored by Senators Kooyenga, Stroebel, Bernier, Felzkowski, Wanggaard, Bradley, Darling, Nass and Marklein

  2. Feb 12, 2021 · Assembly

    Read first time and referred to Committee on Education

  3. Feb 17, 2021 · Assembly

    Fiscal estimate received

  4. Mar 4, 2021 · Assembly

    Representative Jagler added as a coauthor

  5. Mar 4, 2021 · Assembly

    Public hearing held

  6. Mar 4, 2021 · Assembly

    Representative Ramthun added as a coauthor

  7. Mar 18, 2021 · Assembly

    Executive action taken

  8. Mar 25, 2021 · Assembly

    Report passage recommended by Committee on Education, Ayes 9, Noes 5

  9. Mar 25, 2021 · Assembly

    Referred to committee on Rules

  10. Apr 14, 2021 · Assembly

    Representative Allen added as a coauthor

  11. May 6, 2021 · Assembly

    Placed on calendar 5-11-2021 by Committee on Rules

  12. May 11, 2021 · Assembly

    Read a second time

  13. May 11, 2021 · Assembly

    Ordered to a third reading

  14. May 11, 2021 · Assembly

    Rules suspended

  15. May 11, 2021 · Assembly

    Read a third time and passed, Ayes 60, Noes 36

  16. May 11, 2021 · Assembly

    Ordered immediately messaged

  17. May 12, 2021 · Senate

    Received from Assembly

  18. May 14, 2021 · Senate

    Read first time and referred to committee on Senate Organization

  19. May 14, 2021 · Senate

    Available for scheduling

  20. Jun 4, 2021 · Senate

    Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

  21. Jun 4, 2021 · Senate

    Placed on calendar 6-9-2021 pursuant to Senate Rule 18(1)

  22. Jun 9, 2021 · Senate

    Read a second time

  23. Jun 9, 2021 · Senate

    Ordered to a third reading

  24. Jun 9, 2021 · Senate

    Rules suspended

  25. Jun 9, 2021 · Senate

    Read a third time and concurred in, Ayes 20, Noes 12

  26. Jun 9, 2021 · Senate

    Ordered immediately messaged

  27. Jun 10, 2021 · Assembly

    Received from Senate concurred in

  28. Jun 11, 2021 · Assembly

    LRB correction

  29. Jun 11, 2021 · Assembly

    Report correctly enrolled on 6-11-2021

  30. Jun 17, 2021 · Assembly

    Presented to the Governor on 6-17-2021

  31. Jun 18, 2021 · Assembly

    Report vetoed by the Governor on 6-18-2021

  32. Feb 1, 2022 · Assembly

    Referred to committee on Rules

  33. May 17, 2022 · Assembly

    Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  34. May 17, 2022 · Assembly

    Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

Terms on this page

Veto override

Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.

More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Veto override

Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote