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Gfsz ???

oliverclotheshoff

Regular Member
Joined
Aug 17, 2010
Messages
845
Location
mauston wi
in the dells area there is a church owned building where parents home school there kids can that be part of the GFSZ headache or can we ignore that

please cite when replying
 
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BROKENSPROKET

Regular Member
Joined
Jan 5, 2010
Messages
2,199
Location
Trempealeau County
in the dells area there is a church owned building where parents home school there kids can that be part of the GFSZ headache or can we ignore that

please cite when replying

Are any of the parents compensated by the church and thus issued a 1099 or a W2?

I Am Not A Lawyer, but if not, my guess is that you could ignore it, if it is true 'home schooling'.
 

Big Dipper

Regular Member
Joined
May 16, 2009
Messages
144
Location
Illinois & Wisconsin
The "legal" definition of "school" in the WI statutes (in regards to GFSZ) seems to me to be pretty expansive.

948.61(1)(b)
(b) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

If in this situation parents are teaching children in addition to, or other than their own, at a place other than their own home an aggressive prosecutor might be able to make an argument, and have a lot of people attest to the "fact", that it is a "school".

There is no requirement in the statute definition that the teachers be paid professionals or that there be some monster administrative bureaucracy to be a "school". All that seems to be required is "...provides an educational progarm..." and "is commondly know as a ... school..."
 
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Nutczak

Regular Member
Joined
Dec 2, 2008
Messages
2,165
Location
The Northwoods, lakeland area, Wisconsin, USA
Don't forget the wording of the GFSZ law, You must "Knowingly" be in a school zone, or have "reason to believe" you are in a school zone.

So without school crossing signs, or a big-ole billboard out front stating it is a school, How would a normal person know?

But forget about that defense now because it was discussed on a publicly viewable forum, and the police do watch this board among others to help them cite otherwise innocent people for laws that make nothing safer for anyone.
 

__

Banned
Joined
Jun 1, 2009
Messages
94
Location
, ,
But forget about that defense now because it was discussed on a publicly viewable forum, and the police do watch this board among others to help them cite otherwise innocent people for laws that make nothing safer for anyone.
Miss me yet?
 

bigdaddy1

Regular Member
Joined
May 7, 2009
Messages
1,320
Location
Southsider der hey
Its right next to the one that says anyone can call any home, building or tent a school. Show a cite showing otherwise. Its the prosecutions responsibility to prove guilt. not the other way around.
 
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Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
The "legal" definition of "school" in the WI statutes (in regards to GFSZ) seems to me to be pretty expansive.

948.61(1)(b)
(b) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

If in this situation parents are teaching children in addition to, or other than their own, at a place other than their own home an aggressive prosecutor might be able to make an argument, and have a lot of people attest to the "fact", that it is a "school".

There is no requirement in the statute definition that the teachers be paid professionals or that there be some monster administrative bureaucracy to be a "school". All that seems to be required is "...provides an educational progarm..." and "is commondly know as a ... school..."

Actually, it is pretty specific regarding what a "School" is... and you left out a very important part of the requirement... "Commonly known as" does not mean that you find 20 of your friends to attest to the fact that THEY commonly know it as "an elementary school, middle school, junior high school, senior high school, or high school".....
Commonly knowing it as a "School" is not enough if it is not commonly known as "an elementary school, middle school, junior high school, senior high school, or high school".....


“School” means a public school, parochial or private
school, or tribal school, as defined in s. 115.001 (15m), which provides
an educational program for one or more grades between
grades 1 and 12 and which is commonly known as an elementary
school, middle school, junior high school, senior high school, or
high school
.


PRIVATE SCHOOL. “Private school” means an institution
with a private educational program that meets all of the criteria
under s. 118.165 (1) or is determined to be a private school by the
state superintendent under s. 118.167.
Private schools. (1) An institution is a private
school if its educational program meets all of the following criteria:
(a) The primary purpose of the program is to provide private
or religious−based education.
(b) The program is privately controlled.
(c) The program provides at least 875 hours of instruction each
school year.
(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.
(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).
(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).
 

Big Dipper

Regular Member
Joined
May 16, 2009
Messages
144
Location
Illinois & Wisconsin
Interceptor_Knight, I have no quarrel with your elaboration whatsoever.

I was merely trying to point out that there is no requirement that it be "registered" with the state to be a "school" (and an associated school zone) for GFSZ purposes.

A group home school such as presented by the OP could certainly be "commonly known" in the area as an "elementary school" and therefore meet the requirements. The state does not need to be involved in a "declaration" that it is a school.

My abridgement of the citation was certainly not meant to imply that barber schools, beauty schools, karate schools or the like would fall within the requirements of the WI GFSZ! I only abbreviated for emphasis, having already provided the full citation.
 
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Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
A group home school such as presented by the OP could certainly be "commonly known" in the area as an "elementary school" and therefore meet the requirements. The state does not need to be involved in a "declaration" that it is a school..

That could be more easily disproven than proven for the purposes of the GFSZ Statute unless it was more officially established as an Elemantary School..
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
So then would home schoolers' fall under this?

No

HOME−BASED PRIVATE EDUCATIONAL PROGRAM. “Home−
based private educational program” means a program of educational
instruction provided to a child by the child’s parent or
guardian or by a person designated by the parent or guardian. An
instructional program provided to more than one family unit does
not constitute a home−based private educational program.
 
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