SB405: Bill Text

SB405,10,4 115.001 (8) School district administrator. "School district administrator" means the school district superintendent, supervising principal or other person who acts as the administrative head of a school district, or the superintendent of schools of a school district operating under ch. 119.

SB405, s. 21 Section 21. 115.28 (53) of the statutes is created to read:

SB405,10,12 115.28 (53) Comprehensive services to children in Milwaukee. From the appropriation under s. 20.255 (3) (cs), beginning in the 2011-12 school year annually award a grant to a nonprofit corporation that jointly with a local governmental unit or a state agency provides comprehensive services to improve the education, health, and economic opportunities of children residing in a 1st class city school district. The state superintendent shall promulgate rules to implement and administer this subsection, including rules establishing a matching requirement.

SB405, s. 22 Section 22. 115.98 of the statutes is amended to read:

SB405,11,2 115.98 Bilingual-bicultural advisory committee. In each school district which establishes a bilingual-bicultural education program under this subchapter, the school board may appoint a bilingual-bicultural advisory committee to afford parents and educators of limited-English proficient pupils the opportunity to advise the school board of their views and to ensure that a program is planned, operated and evaluated with their involvement and consultation. In the school district operating under ch. 119, the superintendent of schools shall appoint such a committee. The committee shall assist the school board or the superintendent of schools in informing educators, parents and legal custodians of limited-English proficient pupils that a program exists. The committee shall be composed of parents of limited-English proficient pupils enrolled in the bilingual-bicultural education program, bilingual and other teachers, bilingual teacher's aides, bilingual and other counselors and bilingual counselor's aides in the district, at least one representative from the community and a representative of the school district administration.

SB405, s. 23 Section 23. 118.22 (1) (b) of the statutes is amended to read:

SB405,11,9 118.22 (1) (b) "Teacher" means any person who holds a teacher's certificate or license issued by the state superintendent or a classification status under the technical college system board and whose legal employment requires such certificate, license or classification status, but does not include part-time teachers or teachers employed by any board of school directors the superintendent of schools in a city of the 1st class.

SB405, s. 24 Section 24. 119.02 (1) of the statutes is amended to read:

SB405,11,12 119.02 (1) "Board" means the board of school directors in charge of the public schools of a city of the 1st class city school district.

SB405, s. 25 Section 25. 119.02 (4) of the statutes is created to read:

SB405,11,15 119.02 (4) "Superintendent of schools" means the superintendent of schools in charge of the public schools of a city.

SB405, s. 26 Section 26. 119.04 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB405,12,5 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (25), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board. Except for ss. 118.06 (1), 118.13 (2) (a), 118.31 (4), and 120.13 (1) (c) and (17), in a 1st class city school district, any power conferred or duty imposed upon a school board in these provisions is conferred or imposed instead upon the superintendent of schools, and any prohibition upon a school board's actions in these provisions applies to both the board and the superintendent of schools.

SB405, s. 27 Section 27. 119.04 (2) of the statutes is amended to read:

SB405,12,11 119.04 (2) The board superintendent of schools shall exercise the powers, perform the functions and be entitled to all school aid under sub. (1) insofar as the same are relevant to cities of the 1st class. The superintendent of schools, the board, and the schools in cities of the 1st class shall be governed in all matters by the general laws of the state, except as altered or modified by express amendments.

SB405, s. 28 Section 28. 119.10 (2) of the statutes is amended to read:

SB405,12,19 119.10 (2) Annually, no earlier than the 4th Monday in April and no later than the first Monday in May, the board shall hold its organizational meeting, shall elect a president from among its members to serve for one year and until a successor is chosen, and shall designate an individual to serve as clerk and an individual to serve as assistant clerk. In the absence or during the disability of the board president, the board shall elect an acting president. The board president shall appoint standing committees to serve for one year.

SB405, s. 29 Section 29. 119.12 (4) of the statutes is renumbered 119.18 (25) and amended to read:

SB405,12,24 119.18 (25) Limit on debt and expenses. The board superintendent of schools shall not in any one year contract any debt or incur any expense greater than the amount of the school funds subject to its his or her order.

SB405, s. 30 Section 30. 119.12 (6) of the statutes is renumbered 119.18 (24) and amended to read:

SB405,13,12 119.18 (24) Attorney. The city attorney of the city shall be the legal adviser of and attorney for the board superintendent of schools, except that the board superintendent of schools may retain an attorney to represent the board superintendent of schools in any matter if the board superintendent of schools determines that it he or she requires specialized legal expertise not possessed by the city attorney, the city attorney does not have sufficient staff to adequately represent the interests of the board superintendent of schools or a conflict of interest exists. The board superintendent of schools shall provide the city attorney with reasonable notice of any board meeting at which the board will whenever he or she intends to consider retention of an attorney.

SB405, s. 31 Section 31. 119.14 (title), (1), (2) and (6) to (13) of the statutes are created to read:

SB405,13,18 119.14 (title) Board; powers and duties. (1) General supervision. The board may visit and examine the schools of the school district and advise the superintendent of schools regarding the instruction, government, and progress of the pupils.

SB405,13,20 (2) Rules. The board may adopt and modify or repeal rules for its own government.

SB405,14,2 (6) Public input. The board shall allocate time at each board meeting for public comment on issues of concern or interest to residents of the school district regarding the education of pupils, management of the school district, the school district's budget, or other issues of interest or concern. The board shall provide a written summary of public comments received at each board meeting to the superintendent of schools within 2 weeks of the board meeting.

SB405,14,7 (7) Discussion of public questions. Upon the written application of one-half of the electors of the school district, the board shall allow the use of the school buildings or grounds for the free discussion of public questions so far as such use does not interfere, as determined by the superintendent of schools, with the prime purpose of the school buildings or grounds.

SB405,14,11 (8) Funds for rewards. The board may 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.

SB405,14,14 (9) School board organization; fee. The board may 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.

SB405,14,21 (10) Community programs and services. The board may 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 board prescribes. The 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).

SB405,15,2 (11) Lectures. The board may 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 superintendent of schools may purchase books, stationery, charts, and other things necessary to conduct such lectures. The board may designate a person to manage such lectures.

SB405,15,7 (12) School board orientation. The board may provide for the orientation and continuing education of board members and persons who have been elected to the board but have not yet taken office in the general duties and responsibilities of the board and the school district, and pay for the actual and necessary expenses incurred.

SB405,15,11 (13) Attorney. The board may retain an attorney to advise and represent it on matters relating to board governance and to subchs. II and V of ch. 19 if the city attorney approves. The board shall provide the city attorney with reasonable notice of any board meeting at which the board will consider retention of an attorney.

SB405, s. 32 Section 32. 119.14 (15) of the statutes is created to read:

SB405,15,14 119.14 (15) Records custodian. The board may designate one or more persons to be legal custodians of the board's records.

SB405, s. 33 Section 33. 119.16 of the statutes is amended to read:

SB405,15,21 119.16 Board Superintendent of schools; duties. (1) Educational priorities and objectives. The board and the superintendent of schools shall identify broad yearly objectives and assess priorities for education in the school district and shall issue an annual report and such additional reports as the board and superintendent deem deems desirable on the status of academic programs in the school district and the progress of pupils enrolled in the public schools.

SB405,15,24 (1m) Management of school district. The board superintendent of schools shall have the possession, care, control and management of the schools, facilities, operations, property and affairs of the school district.

SB405,16,5 (2) Establish schools and districts. The board superintendent of schools shall maintain the public schools in the city and shall establish, organize and maintain such schools as the board superintendent of schools determines are necessary to accommodate the children entitled to instruction therein. The board superintendent of schools shall divide the city into attendance districts for such schools.

SB405,16,9 (3) Buildings and sites. (a) The board superintendent of schools shall construct, purchase, lease, improve or enlarge buildings and purchase furniture and sites for the public schools, shall purchase, install and maintain heating systems in public schools and may contract for carrying out any of these purposes.

SB405,16,14 (b) Except as provided in par. (c), schoolhouses and the sites on which they are situated shall be the property of the city. No site may be purchased or leased and no schoolhouse may be constructed unless a resolution therefor is duly adopted by the board the superintendent of schools issues an order to do so. Except as provided in par. (c), deeds of conveyance and leases shall be made to the city.

SB405,16,18 (c) If the redevelopment authority of the city issues bonds under s. 66.1333 (5r), the board superintendent of schools may lease buildings or sites from the redevelopment authority or borrow money from the redevelopment authority for the purposes of par. (a).

SB405,16,21 (4) Competitive bidding. The board superintendent of schools shall establish competitive bidding policies and procedures for purchases and for construction contracts.

SB405,17,5 (5) Special courses. Within budgetary limitations, the board superintendent of schools shall establish in any public school, in grade 7 and higher, such classes of instruction consistent with the educational goals and objectives adopted by the board superintendent of schools under sub. (1) as are petitioned for by the parents of a number of pupils attending the school sufficient to form one or more classes of instruction. Petition by the parents of 30 or more pupils of like classification attending any such school requesting the establishment of instruction in a specified subject is prima facie evidence of the sufficiency of the number of pupils to commence instruction therein.

SB405,17,9 (6) Custodians of school premises. The board superintendent of schools shall fix the duties and responsibilities of principals, as custodians of the school premises, and of the school engineers. Each principal shall have general supervision of and shall be custodian of all school premises over which the principal presides.

SB405,17,24 (8) Budget. (a) Annually before adopting its the budget for the ensuing school year and at least 5 60 days before transmitting its the completed budget under par. (b), the board shall hold a public hearing on the proposed school budget at a time and place fixed by the board. At least one week before the public hearing, the board shall publish a class 1 notice, under ch. 985, of the public hearing. superintendent of schools shall submit the proposed budget to the board for its review. If the board objects to one or more items, it shall return the budget to the superintendent of schools within 15 days, indicating the items to which it objects in writing. The superintendent of schools shall respond to the board's objections, in writing, within 25 days. The response may include revised versions of the items to which the board objected. The board may hold one or more public hearings on the superintendent's response. At the board's request, the superintendent of schools shall participate in the public hearings. If the board holds one or more public hearings, it shall provide to the superintendent of schools a written report on the hearings within 15 days of receiving the superintendent's response.

SB405,18,5 (b) The board superintendent of schools shall transmit its the completed budget to the common council on or before the first Monday in August of each year on forms furnished by the auditing officer of the city. Such completed budget shall be published with the budget summary under s. 65.04 (2) or 65.20 and budget under s. 65.05 (7).

SB405,18,8 (10) School facilities. (a) The board superintendent of schools may not demolish any school facility that is 50 years old or older without the approval of the city historic preservation commission.

SB405,18,10 (b) The board superintendent of schools may construct new school facilities only in the areas of greatest local need for such facilities.

SB405, s. 34 Section 34. 119.16 (8) (am) of the statutes is created to read:

SB405,18,14 119.16 (8) (am) At least 5 days before transmitting the completed budget to the common council under par. (b), the superintendent of schools shall hold a public hearing on the proposed budget.

SB405, s. 35 Section 35. 119.16 (11) of the statutes is created to read:

SB405,18,20 119.16 (11) Collective bargaining agreements. (a) Within 5 days of signing a collective bargaining agreement, the superintendent of schools shall submit a copy of the agreement to the board for its review. The superintendent of schools shall meet with the board to discuss the agreement if the board requests such a meeting within 30 days of receiving a copy of the agreement.

SB405,18,23 (b) The superintendent of schools may not enter into a contract specifying wages, hours, or conditions of employment with any organization that is not a labor organization, as defined in s. 111.70 (1) (h).

SB405, s. 36 Section 36. 119.18 (title), (1g) and (1r) of the statutes are amended to read:

SB405,19,4 119.18 (title) Board Superintendent of schools; powers. (1g) Generally. The board superintendent of schools may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupils.

SB405,19,8 (1r) Rules. The board superintendent of schools may adopt and modify or repeal rules for its own government the administration of the school district and for the organization, discipline and management of the public schools which shall promote the good order and public usefulness of the public schools.

SB405, s. 37 Section 37. 119.18 (2) of the statutes is renumbered 119.14 (3).

SB405, s. 38 Section 38. 119.18 (3) to (5), (6) (intro.) and (b) and (7) to (10) of the statutes are amended to read:

SB405,19,13 119.18 (3) Transportation. The board superintendent of schools may provide for the transportation of pupils to and from any school within the city.

SB405,19,15 (4) Insurance. The board superintendent of schools may provide for accident insurance covering pupils in the school district.

SB405,19,24 (5) Textbooks for indigent pupils. The board superintendent of schools may purchase textbooks for pupils whose parents, guardians or other persons having control or custody of such pupils are without means to furnish them with textbooks, if the indigency of such pupils have been investigated and certified by a welfare worker or attendance officer. The local governmental authority administering poor relief in the city shall reimburse the board superintendent of schools for all expenditures by the board superintendent of schools for such textbooks. Such textbooks shall be the property of the city and subject to the disposal of the board superintendent of schools.

SB405,20,3 (6) School calendar. (intro.) The board superintendent of schools may determine the school calendar and vacation periods for each school year for the regular day schools, summer schools, social centers and playgrounds, except that:

SB405,20,5 (b) The board superintendent of schools may close any school or dismiss any class in the event of an emergency, fire or other casualty, quarantine or epidemic.

SB405,20,9 (7) School hours. The board superintendent of schools may establish rules scheduling the hours of each school day during which the schools shall be in session. The board superintendent of schools may differentiate between the various grades in scheduling such school hours.

SB405,20,13 (8) Schools closed. The board superintendent of schools may determine on which national, state and local legal holidays and for which educational conventions the public schools shall be closed. There shall be no deductions from the annual or monthly compensation of employees not rendering services on such days.

SB405,20,16 (9) Enrollment under legal name. The board superintendent of schools may require that any pupil attending public school shall be enrolled under the pupil's legal name.

SB405,20,20 (10) Employees. (b) Subject to ss. 63.18 to 63.53 when applicable, the board superintendent of schools may employ and determine the qualifications, duties and compensation of any persons as are required in the operation and management of the schools.

SB405,20,24 (c) The board superintendent of schools may employ a staff to aid it in its his or her duties. The board superintendent of schools shall determine the compensation, duties and qualifications of its his or her staff, including whether or not employment of such staff shall be subject to ss. 63.18 to 63.53.

SB405, s. 39 Section 39. 119.18 (11) of the statutes is renumbered 119.14 (14).

SB405, s. 40 Section 40. 119.18 (12), (13) (intro.), (b) and (c) and (14) of the statutes are amended to read:

SB405,21,6 119.18 (12) Employer contribution. The board superintendent of schools may make as the employer agency the contributions to the city retirement system payable under chapter 396, laws of 1937, in respect to its his or her employees who are members of such system.

SB405,21,15 (13) Exchange teachers. (intro.) The board superintendent of schools may make an agreement with the managing body of the schools in any city or school district in the United States or another country for the exchange of one of the board's teachers a teacher for a teacher of such other city or school district for a period not exceeding one school year. The board superintendent of schools shall determine the qualifications and compensation of the teacher rendering service under the agreement in the schools under its his or her jurisdiction, who shall be counted as a regular teacher in the city in the computation of state and county school aids. The agreement shall state:

SB405,21,19 (b) That any teacher regularly employed by the board superintendent of schools under this chapter shall receive credit for the year of exchange teaching service in the computation of any benefits to which the teacher is entitled under ch. 40 and the manner in which the monthly reservations shall be paid under that subchapter.

SB405,21,21 (c) Such other provisions as the board superintendent of schools and the other managing body deem appropriate.

SB405,22,2 (14) Sales and charges. The board superintendent of schools may establish and maintain, in any of the schools or playgrounds under its his or her jurisdiction, cafeterias and stores for the sale of schoolbooks, candies, refreshments and supplies. The board superintendent of schools also may charge or permit the making of a charge for admission to any school, social center or athletic entertainment or activity, under such terms and conditions as the board prescribes.

SB405, s. 41 Section 41. 119.18 (15) of the statutes is renumbered 119.14 (4) and amended to read:

SB405,22,8 119.14 (4) Lease school property. In addition to any other authority, the board may lease school sites, buildings and equipment not needed for school purposes, as determined by the superintendent of schools, to any person for any lawful use at a reasonable rental for a term not exceeding 15 years.

SB405, s. 42 Section 42. 119.18 (16) to (22) of the statutes are amended to read:

SB405,22,19 119.18 (16) Gifts and grants. The board superintendent of schools may receive, accept and use gifts or grants of furniture, books, equipment, supplies, moneys, securities or other property used or useful for school and educational purposes. The board superintendent of schools shall make such use of gifts or grants, or invest the same in the case of moneys, as the donor or grantor specifies. In the absence of any specific direction as to the use of such gifts or grants by a donor or grantor, the board superintendent of schools may determine the use of or may invest the same in accordance with the law applicable to trust investments. In the use, control or investment of such gifts or grants, the board superintendent of schools may exercise the rights and powers generally conferred upon trustees.

SB405,22,25 (17) Purchases from house of correction. The board superintendent of schools may purchase for use in the schools, from any county in which the city is located, furniture, furnishings and equipment manufactured in any house of correction under s. 303.16 (1). The board superintendent of schools may waive the furnishing by the county or institution of bid bonds and performance bonds otherwise required by the statutes in connection with any such purchase.

SB405,23,3 (18) Copyright materials. The board superintendent of schools may copyright under the applicable federal laws any book, pamphlet, bulletin or record form edited and published by or under the direction of the board superintendent of schools.

SB405,23,6 (19) Fences. The board superintendent of schools may construct around any schoolhouse or playground site a fence of materials and design approved by the board superintendent of schools.

SB405,23,9 (20) Diplomas. The board superintendent of schools may grant diplomas in testimony of the completion of high school or special education requirements, including the requirements of special schools established under s. 119.28.

SB405,23,12 (21) Rules on conduct and dress. The board superintendent of schools may establish rules pertaining to conduct and dress of pupils in order to maintain good decorum and a favorable academic atmosphere.

SB405,23,16 (22) Records custodian. On Except as provided in s. 119.14 (15), on behalf of any school district authority as defined in s. 19.32 (1), including the board, school district officers and any subunit of the board or school district, the superintendent of schools may designate one or more persons to be legal custodians of records.

SB405, s. 43 Section 43. 119.18 (23) of the statutes is repealed and recreated to read:

SB405,23,23 119.18 (23) School closings. (a) Subject to par. (b), the superintendent of schools may close any school that he or she determines is low in performance. If the superintendent of schools closes a school, he or she may reassign the school's staff members without regard to seniority in service. If the superintendent of schools reopens the school, he or she may reassign staff members to the school without regard to seniority in service.

SB405,24,8 (b) At least 60 days before closing a school, the superintendent of schools shall submit the proposal to close the school to the board for its review. If the board objects to the closing, it shall return the proposal to the superintendent of schools within 15 days, indicating in writing the reasons for its objection. The superintendent of schools shall respond to the board's objection, in writing, within 25 days. The response may include a revised proposal. The board may hold one or more public hearings on the superintendent's response. At the board's request, the superintendent of schools shall participate in the public hearings. If the board holds one or more hearings, it shall provide to the superintendent of schools a written report on the hearings within 15 days of receiving the superintendent's response.

SB405, s. 44 Section 44. 119.19 of the statutes is amended to read: