"Early reinstatement" means the reinstatement to school of an expelled pupil before the expiration of the term of expulsion specified in the pupil's expulsion order under par. (c) 3.
or (e) 3.
"Early reinstatement condition" means a condition that a pupil is required to meet before he or she may be granted early reinstatement or a condition that a pupil is required to meet after his or her early reinstatement but before the expiration of the term of expulsion specified in the pupil's expulsion order under par. (c) 3.
or (e) 3.
A school board, or an independent hearing panel or independent hearing officer acting under par. (e)
, may specify one or more early reinstatement conditions in the expulsion order under par. (c) 3.
or (e) 3.
if the early reinstatement conditions are related to the reasons for the pupil's expulsion. Within 15 days after the date on which an expulsion order is issued by an independent hearing panel or independent hearing officer, the expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the determination regarding whether an early reinstatement condition specified in the expulsion order is related to the reasons for the pupil's expulsion to the school board. The decision of a school board regarding that determination is final and not subject to appeal.
If the school district administrator or his or her designee, who shall be someone other than a principal, administrator or teacher in the pupil's school, determines that a pupil has met the early reinstatement conditions that he or she is required to meet before he or she may be granted early reinstatement, the school district administrator or designee may grant the pupil early reinstatement. The determination of the school district administrator or designee is final.
If a pupil violates an early reinstatement condition that the pupil was required to meet after his or her early reinstatement but before the expiration of the term of expulsion, the school district administrator or a principal or teacher designated by the school district administrator may revoke the pupil's early reinstatement. Before revoking the pupil's early reinstatement, the school district administrator or his or her designee shall advise the pupil of the reason for the proposed revocation, including the early reinstatement condition alleged to have been violated, provide the pupil an opportunity to present his or her explanation of the alleged violation and make a determination that the pupil violated the early reinstatement condition and that revocation of the pupil's early reinstatement is appropriate. If the school district administrator or designee revokes the pupil's early reinstatement, the school district administrator or designee shall give prompt written notice of the revocation and the reason for the revocation, including the early reinstatement condition violated, to the pupil and, if the pupil is a minor, to the pupil's parent or guardian.
Except as provided in subd. 6.
, if a pupil's early reinstatement is revoked under subd. 4.
, the pupil's expulsion shall continue to the expiration of the term of the expulsion specified in the expulsion order unless the pupil or, if the pupil is a minor, the pupil's parent or guardian and the school board, independent hearing panel or independent hearing officer agree, in writing, to modify the expulsion order.
Within 5 school days after the revocation of a pupil's early reinstatement under subd. 4.
, the pupil or, if the pupil is a minor, the pupil's parent or guardian may request a conference with the school district administrator or his or her designee, who shall be someone other than a principal, administrator or teacher in the pupil's school. If a conference is requested, it shall be held within 5 school days following the request. If, after the conference, the school district administrator or his or her designee finds that the pupil did not violate an early reinstatement condition or that the revocation was inappropriate, the pupil shall be reinstated to school under the same reinstatement conditions as in the expulsion order and the early reinstatement revocation shall be expunged from the pupil's record. If the school district administrator or his or her designee finds that the pupil violated an early reinstatement condition and that the revocation was appropriate, he or she shall mail separate copies of the decision to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The decision of the school district administrator or his or her designee is final.
Provide for accident insurance covering pupils in the school district. Such insurance shall not be paid from school district funds unless the expenditure is authorized by an annual meeting.
Provide health care benefits on a self-insured basis to the employees of the school district if the school district has at least 100 employees. In addition, any 2 or more school districts which together have at least 100 employees may jointly provide health care benefits on a self-insured basis to employees of the school districts.
Any self-insurance plan under par. (b)
which covers less than 1,000 employees shall include excess or stop-loss reinsurance obtained through an insurer authorized to do business in this state, for the purpose of covering all eligible claims incurred during the term of the policy or contract.
The commissioner of insurance may prescribe detailed requirements for reinsurance under par. (c)
by rule or by order. The commissioner of insurance may promulgate rules governing self-insurance plans under pars. (b)
to ensure that they comply with all applicable provisions of chs. 600
All personally identifiable medical and claims records relating to any self-insurance plan under par. (b)
shall be kept confidential by the administrator of the self-insurance plan and shall be exempt from disclosure pursuant to s. 19.36 (1)
. This paragraph does not prohibit the release of personally identifiable records to school district personnel, to the extent that performance of their duties requires access to the records, but only with the prior written informed consent of the insured.
Every self-insured plan under par. (b)
shall comply with ss. 49.493 (3) (d)
, 631.93 (2)
, 632.746 (10) (a) 2.
and (b) 2.
, 632.747 (3)
, 632.87 (4)
, and (6)
, 632.895 (9)
, and 767.513 (4)
Par. (g) is shown as affected by 2009 Wis. Acts 14
, and 346
and as merged by the legislative reference bureau under s. 13.92 (2) (i).
(3) Agreements with governmental units.
Enter into agreements, including leases for a term not exceeding 50 years, with a school board, technical college district board, city, village, town, county or the state or any department or agency thereof for the purchase, operation and maintenance of land, buildings and equipment for educational purposes, including, without limitation because of enumeration, contracts for the construction or repair of school driveways, roadways and parking areas or for the operation of any school program authorized by law.
(4) On-farm training to veterans.
Provide institutional on-farm training to veterans who are eligible for the training under any act of congress.
(5) Books, material and equipment.
Purchase or otherwise acquire necessary books and stationery, equipment, school apparatus and materials for the use of the schools of the school district and purchase any school books which in its judgment are needed by pupils whose parents are not able to furnish such books.
(6) Federal aid.
Apply for, receive and expend moneys made available to it by any act of congress for educational programs, school property and facilities, research, school food service and other school district programs.
(7) Exchange teachers and administrators.
Exchange any teacher or administrator employed by the school board for a teacher or administrator employed by a school board in another state or country or employed by a college or university, the state, a technical college district board or a cooperative educational service agency. No exchange may be for a longer period than one year. A teacher or administrator of this state exchanged under this subsection shall be deemed to have taught during the period in the school district by which the teacher or administrator is employed and shall be assessed, for the benefit of the public employee trust fund, the full amount which would have been assessed against the teacher or administrator had the teacher or administrator actually taught in the school district.
(8) Funds for rewards.
Establish a reward, not exceeding $500, for information leading to the arrest and conviction of persons who damage or destroy school property or who injure any person while at school or under the supervision of a school authority.
(9) Architects and engineers.
Contract with or employ architects and engineers for the preparation of plans and specifications for school buildings, structures and other improvements to school district property and for all other related services.
(9m) Legal services.
Retain an attorney or attorneys to represent the board or school district in any action or proceeding brought for or against the board or district and provide for any other legal service for the welfare of the school district.
(10) School food service.
Furnish school meals to pupils and pay for the meals out of school district funds. The school board may charge pupils and employees for the cost of school meals.
(11) Nurses and dentists.
Employ qualified public health nurses, school nurses, registered nurses and licensed dentists who shall cooperate with the local board of health, as defined in s. 250.01 (3)
, and the department of health services.
(12) Historical records.
Under s. 44.09 (1)
, transfer title to any school records to the state historical society which are no longer needed for the proper administration of the school district and which the society determines are of permanent historical interest.
(13) Prekindergarten classes.
Establish and maintain classes for children less than 4 years of age under such regulations as it prescribes. The school board may accept and receive federal funds for such purpose and expend such funds in conformity with the purposes and requirements thereof. The school board may charge a reasonable fee for attendance at such classes but may waive the fee or any portion thereof to any person who is unable to make payment.
Establish and provide or contract for the provision of child care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a child care program established under this subsection. Costs associated with a child care program under this subsection may not be included in shared costs under s. 121.07 (6)
. Child care programs established under this subsection shall meet the standards for licensed child care centers established by the department of children and families. If a school board proposes to contract for or renew a contract for the provision of a child care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a child care program under this subsection, the school board shall refer the contractor or proposed contractor to the department of children and families for the criminal history and child abuse record search required under s. 48.685
. Each school board shall provide the department of health services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1.
If a person who has contracted under par. (a)
to provide a day [child] care program is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m.
, or if a caregiver specified in s. 48.685 (1) (ag) 1. a.
or a nonclient resident, as defined in s. 48.685 (1) (bm)
, of the day [child] care program is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the school board shall rescind the contract of the contractor immediately upon providing written notice of the rescission and the grounds for the rescission and an explanation of the process for appealing the rescission.
If a person who has contracted under par. (a)
to provide a day [child] care program is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m.
, or if a caregiver specified in s. 48.685 (1) (ag) 1. a.
or a nonclient resident, as defined in s. 48.685 (1) (bm)
, of the day [child] care program is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the school board shall immediately suspend the contract of the contractor until the school board obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to provide a day [child] care program under this subsection.
The correct term is shown in brackets. 2009 Wis. Act 76
created par. (b) with the references to "day care" and 2009 Wis. Act 185
changed other references from "day care" to "child care" without taking Act 76 into account. Corrective legislation is pending.
(15) Special high school courses.
In a union high school district or a common school district operating elementary and high school grades, establish and maintain courses in industrial arts, home economics, agriculture, commercial subjects and such other courses as the school board determines.
(16) School board organization; fee.
Pay the membership fee in an organization of school boards in this state and the actual and necessary expenses of its representatives incurred in attending meetings of such organization.
(17) Temporary use of school property.
Grant the temporary use of school grounds, buildings, facilities or equipment, upon such conditions, including fees not to exceed actual costs, as determined by the school board, to any responsible person for any lawful nonschool purpose if such use does not interfere with use for school purposes or school-related functions. Fees received under this subsection shall be paid into the school district treasury and accounted for as prescribed under s. 115.28 (13)
. The user shall be primarily liable, and the school board secondarily liable, for any damage to property and for any expense incurred in consequence of any use of school grounds, buildings, facilities or equipment under this subsection.
(18) Property for ecological, agricultural or vocational instruction.
Subject to the authority of the annual or special meeting to approve the acquisition of real property, acquire real or personal property for ecological, agricultural or vocational instruction, experimentation or other school-related purposes.
(18m) Renewable resource facilities.
Construct or acquire, borrow funds to construct or acquire, own, operate, and maintain a renewable resource facility, and use the energy generated by the facility for school district facilities or sell the energy generated by the facility at wholesale, if the school board's share of the installed capacity of the facility does not exceed 5 megawatts and the school board incorporates information about the facility in its curriculum. In this subsection, "renewable resource" has the meaning given in s. 196.374 (1) (j)
(19) Community programs and services.
Establish and maintain community education, training, recreational, cultural or athletic programs and services, outside the regular curricular and extracurricular programs for pupils, under such terms and conditions as the school board prescribes. The school board may establish and collect fees to cover all or part of the costs of such programs and services. Costs associated with such programs and services shall not be included in the school district's shared cost under s. 121.07 (6)
(20) Options to purchase real property.
Solicit and obtain one or more options to purchase real property and, upon approval of the annual or special meeting, exercise such option.
Provide free lectures on educational subjects in school buildings, public library buildings or other suitable places, and provide for the further education of the adult residents of the school district. The school board may purchase books, stationery, charts and other things necessary to conduct such lectures and may designate a person to manage such lectures.
(22) Cable television and data processing services.
Enter into leases for a term not exceeding 20 years for acquisition of cable television or data processing services and facilities for educational purposes.
(23) Bonds for officers and employees.
Require an officer or employee of the board to give security in such form and amount as the board determines, and may require at any time additional bonds and sureties of any officer or employee.
(24) Contracts with other governmental units.
Participate and enter into contracts with school boards and other governmental units as provided under s. 120.25
(25) Lease school property.
In addition to any other authority, lease school sites, buildings, and equipment not needed for school purposes to any person for any lawful use at a reasonable rental if approved at an annual or special school district meeting.
(26) Contracts with private education services.
Upon the approval of the state superintendent, contract with private education services for pupils who need concurrent education and treatment services, the educational portion of which is not available in the schools in which the pupils are enrolled. Private education services provided under this subsection may not include religious or sectarian teachings or instruction.
(26m) Contracts with county children with disabilities education boards.
Contract with a county children with disabilities education board for special education services. The costs of such services shall be included in the school district's shared cost under s. 121.07 (6)
. This subsection applies beginning on the effective date of a resolution adopted under s. 115.817 (9) (c)
(26r) Contracts for mental health and developmental disabilities services.
Contract with the department of health services for services under s. 46.043
(27) Transportation of persons who are not pupils. 120.13(27)(a)(a)
Subject to par. (b)
, the school board may use or allow the use of school buses owned and operated by the school district to transport persons who are not pupils of the school district. School buses may be used by persons who are not pupils of the school district during school hours if such use does not interfere with the transportation of pupils of the school district. The school board shall charge a fee for use of the school buses under this subsection. The fee shall be an amount equal to the actual cost of transportation under this subsection, including but not limited to costs for depreciation, maintenance, insurance, fuel and compensation of vehicle operators. If the school board denies a written request for use of the school buses, the school board shall provide the requester a written statement of the basis for the denial within 14 days after the denial.
No school bus may be used to provide transportation under this subsection unless the vehicle is insured by a policy providing property damage coverage and bodily injury liability coverage for such transportation in the amounts specified in s. 121.53 (1)
(27m) Transportation of indigent pupils.
Provide transportation to and from school for indigent pupils who reside in the school district and who are not required to be transported under s. 121.54
. In this subsection, "indigent pupils" means pupils who are eligible for free lunches or reduced-price lunches under 42 USC 1758
or who are members of a Wisconsin works group, as defined in s. 49.141 (1) (s)
, with a member who is participating in Wisconsin works under s. 49.147 (3)
or any combination thereof, as determined by the school board. If a school board determines to provide transportation under this subsection, there shall be reasonable uniformity in the transportation furnished such pupils whether they attend public or private schools. The cost of transporting pupils under this subsection may not be included in the school district's shared cost under s. 121.07 (6) (a)
(28) Records custodian.
On behalf of any school district authority as defined in s. 19.32 (1)
, including the school board, school district officers and any subunit of the school board or school district, designate one or more persons to be legal custodians of records.
Borrow money and issue municipal obligations, as provided in chs. 24
(31) School crossing guards.
Upon the adoption of a resolution to do so and approval of the resolution by the governing bodies of all of the cities, villages and towns located in whole or in part within the school district, provide for the appointment of adult school crossing guards for the protection of persons who are crossing a highway in the vicinity of a school. The school crossing guards shall wear insignia or uniforms which designate them as school crossing guards and shall be equipped with signals or signs to direct traffic to stop at school crossings.
(32) School board orientation.
Provide for the orientation and continuing education of school board members and persons who have been elected to the school board but have not yet taken office in the general duties and responsibilities of the school board and the school district, and pay for the actual and necessary expenses incurred.
(33) Spending authority.
During the period between July 1 and the final adoption of a budget by the school board after the budget hearing under s. 65.90
, spend money as needed to meet the immediate expenses of operating and maintaining the public instruction in the school district.
A school board may adopt rules applicable to persons who enter or remain in a building operated by the school board, including requirements that such persons identify themselves and sign in when entering or remaining in the building or any specified portion of the building and designating time periods during which such persons may enter or remain in the building or any portion of the building.
Except as provided in subd. 2.
, any person entering or remaining in a building or portion of a building in violation of the school board's rules is subject to a forfeiture of not more than $1,000. Any person entering or remaining in a building or portion of a building in violation of the school board's rules under circumstances tending to create or provoke a breach of the peace may be fined not more than $10,000 or imprisoned for not more than 90 days or both.
2. Subdivision 1.
does not apply to pupils, parents of pupils, school district employees or officials or agents of a certified or recognized representative of school district employees who are included in a collective bargaining unit.
(36) Prekindergarten and kindergarten program agreements.
Enter into an agreement with a licensed public or private nonsectarian child care center to lease space for prekindergarten or kindergarten programs offered by the school district or to place school district employees in child care centers to provide instruction in prekindergarten or kindergarten programs offered by the school district.
(37) Awarding high school diplomas to veterans. 120.13(37)(a)(a)
Notwithstanding s. 118.33 (1)
, award a high school diploma to a person who meets all of the following requirements:
Is at least 65 years old, or is at least 55 years old and has a service-connected disability.
Attended high school in the school district or attended high school in this state and resides in the school district.
Left high school before receiving a high school diploma to join the U.S. armed forces during a war period under s. 45.01 (13)
Served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces.
Award a high school diploma to a person who received a high school equivalency diploma under s. 115.29 (4)
after serving on active duty under honorable conditions if the person meets the conditions of par. (a) 1.
Award, upon request, a high school diploma to a person who has died, but who, before dying, satisfied the conditions of par. (a) 2.
(37m) Single-sex schools and courses.
Operate one or more schools that enroll only one sex or provide one or more courses that enroll only one sex if the school board makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.
(38) Hunting in school forests.
Allow hunting in its school forest, as defined in s. 26.39 (1) (a)
, except that the board may not allow hunting for a wild animal when there is not an open season for that animal on land adjacent to the school forest. This subsection does not affect the authority of the department of natural resources to remove a wild animal under s. 29.885 (2) (a)
History: 1973 c. 94
; 1975 c. 115
; 1977 c. 206
; 1979 c. 20
; 1981 c. 96
; 1983 a. 27
; 1985 a. 29
; 1985 a. 101
; 1985 a. 218
; 1985 a. 332
; 1987 a. 88
; 1989 a. 31
; 1991 a. 39
; 1993 a. 16
; 1995 a. 27
, 9126 (19)
, 9145 (1)
; 1995 a. 29
; 1997 a. 27
; 1999 a. 9
; 1999 a. 150
; 1999 a. 186
; 2001 a. 38
; 2003 a. 254
; 2005 a. 22
; 2005 a. 443
; 2007 a. 20
, 9121 (6) (a)
; 2007 a. 36
; 2009 a. 14
; 13.92 (2) (i).
A school board may issue a subpoena to compel the attendance of a witness at an expulsion hearing. Expulsion may be partially based on hearsay statements by school staff. Due process is discussed. Racine Unified School District v. Thompson, 107 Wis. 2d 657
, 321 N.W.2d 334
(Ct. App. 1982).
Neither sub. (1) (c) or (e) expressly or impliedly authorizes the state superintendent to review a challenged suspension when the superintendent reviews an expulsion decision under those provisions. Madison Metropolitan School District v. DPI, 199 Wis. 2d 1
, 543 N.W.2d 843
(Ct. App. 1995), 94-0199
Section 66.185 [now s. 66.0137] does not prohibit providing health insurance benefits to persons not listed in the statute if authority is granted by other statutes. Sections 120.12, 120.13, and 120.44, broadly construed as required by s. 118.001, grant broad powers, including that of providing insurance to persons not listed in this section. Pritchard v. Madison Metropolitan School District, 2001 WI App 62, 242 Wis. 2d 301
, 625 N.W.2d 613
The section (intro) expresses the legislature's intent to give school boards broader powers and wide discretion in exercising its powers, but it does not mean that, when the legislature had previously authorized a board to take particular actions using specified procedures, the board has the authority to follow other procedures in taking those particular actions. While school boards have powers beyond those enumerated in subs. (1) to (37), they do not have the power to violate the provisions of subs. (1) to (37). Madison Metropolitan School District v. Burmaster, 2006 WI App 17, 288 Wis. 2d 771
, 709 N.W.2d 73
The only reasonable construction of sub. (1) (e) 3. is that, if a school district elects to have a hearing officer conduct an expulsion hearing, the district must comply with the procedures specified in that paragraph. Because sub. (1) (e) 3. provides for review by the board of a hearing officer's decision only if the officer has ordered expulsion, the board does not have the authority to review and reverse the hearing officer's decision not to order an expulsion. Madison Metropolitan School District v. Burmaster, 2006 WI App 17, 288 Wis. 2d 771
, 709 N.W.2d 73
The duties and powers under ss. 118.001, 120.12 (14), and 120.13 extend to individual teachers as employees of the school board. It would be absurd to require teachers to obtain special permission from the school board with respect to every detail of their teaching. Summer homework, particularly for an honors class for which students receive additional credit, fits comfortably within the range of what is reasonable and is not unconstitutional. Larson v. Burmaster, 2006 WI App 142, 295 Wis. 2d 333
, 720 N.W.2d 134
Because of a lack of statutory authority, speech therapists may not supply services to students attending therapy sessions in parochial school buildings. 63 Atty. Gen. 8.
Students may have bus riding privileges suspended without being suspended or expelled from school. However, both public and private school students must be afforded due process under sub. (1) before such a suspension can take place. 63 Atty. Gen. 526.
School boards have authority to enforce policies that mandate the manner, conditions, and content of police interviews with students on school premises during school hours. 81 Atty. Gen. 126
Sub. (1) (f) does not allow a school board to deny enrollment to a pupil who is currently expelled either from an out-of-state public school district or from a private school. OAG 5-08
Democracy in the classroom: due process and school discipline. 58 MLR 705.
In Wisconsin Expulsions, We Don't Have to Leave Children Behind. Kratochvil. 91 MLR 1213 (2008).