Wis. Stat. » CHAPTER 118 — GENERAL SCHOOL OPERATIONS
Wisconsin Statutes

Wis. Stat. § 118.165 (2026)

Private schools

✓ current as of July 2026
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118.165118.165 Private schools.
118.165(1)(1) An institution is a private school if its educational program meets all of the following criteria:
118.165(1)(a)(a) The primary purpose of the program is to provide private or religious-based education.
118.165(1)(b)(b) The program is privately controlled.
118.165(1)(c)(c) The program provides at least 875 hours of instruction each school year.
118.165(1)(d)(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.
118.165(1)(e)(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).
118.165(1)(f)(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).
118.165(2)(2) An institution may request the state superintendent to approve the institution’s educational program as a private school. The state superintendent shall base his or her approval solely on the criteria under sub. (1).
118.165 HistoryHistory: 1983 a. 512; 1989 a. 336; 1995 a. 27; 1997 a. 27; 2009 a. 41.
Notes of Decisions
Cited in 4 cases, 1992–2016 · leading case: Davis Ex Rel. Davis v. Grover, 480 N.W.2d 460 (Wis. 1992).
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Davis Ex Rel. Davis v. Grover, 480 N.W.2d 460 (Wis. 1992). · cites it 6× “It simply does not matter how the school spends the money so long as it gives the participating student an education that complies with sec. 118.165, Stats., in return for the money.”
Ceria M. Travis Academy, Inc. v. Evers, 2016 WI App 86 (Wis. Ct. App. 2016). · cites it 2× “The review shall determine the following: (i) whether the School meets private schools requirements under Wis. Stat. § 118.165 (1); (ii) whether the School meets the hours of instruction requirements under Wis.”
State v. Andrews, 491 N.W.2d 504 (Wis. Ct. App. 1992). “A "private school" is an institution which either meets the criteria of sec. 118.165(1), Stats., or is determined to be private by the state superintendent.”
Jackson v. Benson, 578 N.W.2d 602 (1998). · cites it 4× “" The term "private school" is defined by statute to include those private institutions satisfying the requirements of Wis. Stat. § 118.165 or determined to be a private school by the State Superintendent under Wis.”
— Wis. Stat. § 118.165(1) — 1 case
State v. Andrews, 491 N.W.2d 504 (Wis. Ct. App. 1992). “A "private school" is an institution which either meets the criteria of sec. 118.165(1), Stats., or is determined to be private by the state superintendent.”
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