16
Legal Considerations
Educators, community members, and employers working with minors have
a responsibility to provide youth with the education and experiences that
will prepare them to be college- and career-ready. Fortunately for some,
that includes opportunities to apply work or classroom learning in other
environments. The primary concern, whether minors are learning in school
or out of school, is that students are safe. Employment of minors laws
have developed over time to ensure that youth are not exploited in work
environments and are afforded specic protections.
Guidance has been produced by a team from the Wisconsin Department of
Workforce Development (DWD) and the Wisconsin Department of Public
Instruction (DPI) to assist schools and employers who hire youth. It is the
primary responsibility of the DWD Equal Rights Division to issue permits
and enforce laws that address the employment of minors in the state.
Note that this Guide to Implementing Career-Based Learning Experiences
is meant to be used along with the Guide to Wisconsin’s Employment of
Minors Laws as an interpretive aide and is not meant to replace Wisconsin
Administrative Code Chapter DWD 270 or cover all possible scenarios or
exceptions. Furthermore, this guide does not constitute a legal document
which can be asserted as evidence in a court of law.
Compulsory Attendance
School boards and districts have broad authority and autonomy to
personalize the learning experience for students in the high school grades
to meet the needs of individual students as they progress to graduation.
Published in 2017, Fostering Innovation in Wisconsin Schools also outlines
credit and seat time exibilities to support college and career readiness.
According to Wis. Stat. § 118.33(1)(b), a school board may not grant a high
school diploma to any pupil unless, during the high school grades, the pupil
has been enrolled in a class or has participated in an activity approved by
the school board during each class period of each school day, or the pupil
has been enrolled in an alternative education program, as dened in Wis.
Stat. § 115.28(7)(e). Nothing in this paragraph prohibits a school board from
establishing a program that allows a pupil enrolled in the high school grades
who has demonstrated a high level of maturity and personal responsibility
to leave the school premises for up to one class period each day if the pupil
does not have a class scheduled during that class period.
Each school board submits to DPI high school graduation policies governing
the granting of diplomas (Wis. Stat. § 118.33(1)(f)). Policies include course
requirements, number of clock hours of instruction required to earn one
credit in the courses, and education programs for students with exceptional
educational interests, needs, or requirements.
According to Wis. Admin. Code sec. PI 18.05(1)(d), open campus and
work release may not be approved by a board under this section.
However, a pupil’s employment during school hours may be approved
if the employment is part of or related to the pupil’s instructional
program [school-supervised work-based learning experience sponsored
by an accredited school, the technical college system board, or DWD’s
Youth Apprenticeship program]; or if the employment is approved as an
accommodation for a pupil with exceptional educational interests, needs,
or requirements (Wis. Admin. Code sec. PI 18.04). Note that “work release,”
permitting students to leave the school premises solely for employment is
different from a “work-based learning program,” a program that provides
occupational training and work-based learning experiences. (Wis. Admin.
Code sec. PI 18.05; Wis. Admin. Code sec. PI 18.02(11); Wis. Stat. §
115.363(1)(b))
Districts have the authority to determine the equivalency of learning
experiences outside of the classroom or the modied learning experience
to actual traditional classroom instruction and how those experiences
appear on the transcript (Wis. Stat. § 118.15(1)(c)). Districts should consider
what the implications are for postsecondary plans of the student when
determining how to reect activities or experiences on the transcript.
Districts can structure work-based learning experiences (hours, credit, etc.)
to accommodate the needs of students. Students under 18 cannot work
during school hours unless participating in structured work-based learning
for credit (Wis. Admin. Code sec. DWD 270.10(1)).
Currently, Wis. Stat. 118.56 addresses a specic type of work-based
learning program and requirements for it. This statute does not preclude
any other school-supervised work-based learning experience, such as
DPI’s State-certied Cooperative Education programs, DWD’s Youth
Apprenticeship program (Wis. Stat. § 106.13), or local cooperative
education programs, approved by school boards.