Wisconsin Constitution
Article X - Education
Section 3 - District schools; tuition; sectarian instruction; released time.

[As amended April 1972] 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. [1969 J.R. 37, 1971 J.R. 28, vote April 1972]

The constitution does not require that school districts be uniform in size or equalized valuation. Larson v. State Appeal Board 56 Wis. 2d 823, 202 N.W.2d 920.

Public schools may sell or charge fees for the use of books and items of a similar nature when authorized by statute without violating this section. Board of Education v. Sinclair, 65 Wis. 2d 179, 222 N.W.2d 143.

Use of the word “shall" in s. 118.155, making cooperation by school boards with programs of religious instruction during released time mandatory rather than discretionary does not infringe upon the inherent powers of a school board. State ex rel. Holt v. Thompson, 66 Wis. 2d 659, 225 N.W.2d 678.

School districts are not constitutionally compelled to admit gifted four-year old children into kindergarten. Zweifel v. Joint Dist., No. 1, Belleville, 76 Wis. 2d 648, 251 N.W.2d 822.

The mere appropriation of public monies to a private school does not transform that school into a district school under this section. Jackson v. Benson, 218 Wis. 2d 835, 578 N.W.2d 602 (1998), 97-0270.

The school finance system under ch. 121 is constitutional under both art. I, sec. 1 and art. X, sec. 3. Students have a fundamental right to an equal opportunity for a sound basic education. Uniform revenue-raising capacity among districts is not required. Vincent v. Voight, 2000 WI 93, 236 Wis. 2d 588, 614 N.W.2d 388, 97-3174.

The due process clause of the 14th amendment includes the fundamental right of parents to make decisions concerning the care, custody, and control of their children, including the right to direct the upbringing and education of children under their control, but that right is neither absolute nor unqualified. Parents do not have a fundamental right direct how a public school teaches their child or to dictate the curriculum at the public school to which they have chosen to send their child. Larson v. Burmaster, 2006 WI App 142, 295 Wis. 2d 333, 720 N.W.2d 134, 05-1433.

The state and its agencies, except the department of public instruction, constitutionally can deny service or require the payment of fees for services to children between age 4 and 20 who seek admission to an institution or program because school services are lacking in their community or district. 58 Atty. Gen. 53.

VTAE schools [now technical colleges] are not “district schools" within the meaning of this section. 64 Atty. Gen. 24.

Public school districts may not charge students for the cost of driver education programs if the programs are credited towards graduation. 71 Atty. Gen. 209.

Having established the right to an education, the state may not withdraw the right on grounds of misconduct absent fundamentally fair procedures to determine if misconduct occurred. Attendance by the student at expulsion deliberations is not mandatory; all that is required is the student have the opportunity to attend and present his or her case. Remer v. Burlington Area School District, 149 F. Supp. 2d 665 (2001).

Intrastate inequalities in public education; the case for judicial relief under the equal protection clause. Silard, White, 1970 WLR 7.

The constitutional mandate for free schools. 1971 WLR 971.