38.001(3)(a)1.1. Contract with secondary schools to provide educational opportunities for high school age students in order to enhance their potential for benefiting from postsecondary education and for obtaining employment.
38.001(3)(a)2.
2. Coordinate and cooperate with secondary schools to facilitate the transition of secondary school students into postsecondary technical college education through curriculum articulation and collaboration.
38.001(3)(c)
(c) Provide community services and avocational or self-enrichment activities.
38.001(3)(d)
(d) Provide education in basic skills to enable students to effectively function at a literate level in society.
38.001(3)(e)
(e) Provide education and services which address barriers created by stereotyping and discriminating and assist minorities, women and the handicapped or disadvantaged to participate in the work force and the full range of technical college programs and activities.
38.01
38.01
Definitions. In this chapter:
38.01(1)
(1) "Associate degree program" means a 2-year, post-high school program in an area designated and approved by the board for which the course requirements are established by the board.
38.01(2)
(2) "Board" means the technical college system board.
38.01(3)
(3) "Collegiate transfer program" means a statewide, full-time program, designated and approved by the board, in which the credits earned may be transferable to a 4-year institution of higher education.
38.01(4)
(4) "Community service program" means an avocational or self-enrichment course that does not lead to a paying occupation or present essential skills needed in nonpaying occupations and that is established by a district board and approved by the state director under procedures established by the board.
38.01(5)
(5) "District" means a technical college district established under this chapter.
38.01(6)
(6) "District board" means the district board in charge of the technical colleges of a district.
38.01(7)
(7) "School board" means the school board in charge of the public schools of a school district.
38.01(8)
(8) "School district" means a school district operating high school grades.
38.01(9)
(9) "School year" means the time commencing with July 1 and ending with the next succeeding June 30.
38.01(10)
(10) "Vocational-adult program" means a part-time vocationally oriented program established by a district board which is approved by the state director under procedures established by the board.
38.01(11)
(11) "Vocational diploma program" means a one- or 2-year, full-time program in an area designated and approved by the board for which the course requirements are established by the board.
38.01 Annotation
See note to 118.15, citing Educ. Ass'n v. Public Instruction Dept. 154 W (2d) 655, 453 NW (2d) 915 (Ct. App. 1990).
38.02
38.02
Establishment. There is established under this chapter a system of technical colleges to foster and maintain instruction in courses approved by the board in part-time and full-time day or evening classes.
38.04
38.04
Technical college system board; powers and duties. 38.04(1)(1)
General. The board shall determine the organization, plans, scope and development of technical colleges. For state aid, credit determination and other purposes, the board shall establish criteria for the establishment of district schools and shall classify and name the district schools.
38.04(2)
(2) Director. The board shall appoint a director, outside the classified service, to serve at its pleasure.
38.04(2m)
(2m) Executive assistant. The director may appoint an executive assistant, outside the classified service, to serve at his or her pleasure.
38.04(3)
(3) Staff. The board shall appoint such staff as is necessary under the classified service. Two division administrator positions shall be filled outside the classified service.
38.04(4)
(4) Teacher and course requirements. 38.04(4)(a)(a) Except as provided in
par. (ag), the qualifications of educational personnel and the courses of study for each program offered in district schools shall be approved by the board. The board may charge the districts for the full costs associated with certification of educational personnel. Such certification expenses shall not be included in the district aidable cost.
38.04(4)(ag)
(ag) A program approved by the development finance board under
subch. IV of ch. 560 is exempt from board approval under
par. (a).
38.04(4)(am)
(am) The board shall not consider any course of study for approval under
par. (a) that has not first been approved by the district board.
38.04(4)(b)
(b) The board may authorize district boards to grant associate degrees to those students who successfully complete associate degree programs.
38.04(4)(c)
(c) Collegiate transfer programs shall not comprise more than 25% of the approved credit hours offered in any technical college district.
38.04(4)(d)
(d) The board shall seek the advice of the environmental education board on the development of environmental education programs.
38.04(4)(e)
(e) No driver education course may be approved by the board unless it acquaints each student with the hazards posed by machinery and animals on highways and provides instruction in safely dealing with such hazards.
38.04(5)
(5) Cooperate with federal government. The board shall cooperate with the federal government in carrying out any federal act pertaining to technical education.
38.04(6)
(6) Gifts and grants. The board may accept gifts, grants, bequests and devises to be used in the execution of its functions.
38.04(7)
(7) Funding sources. The board shall develop policies for the purpose of specifically identifying the general purpose revenue and nongeneral purpose revenue funding sources used for noninstructional student activities and for the purpose of governing the allocation of funds to those noninstructional student activities supported by both general purpose and nongeneral purpose revenue.
38.04(7m)
(7m) Financial aids. By April 10, 1996, and annually thereafter, the board shall develop and submit to the education commission for its review under
s. 39.285 (1) a proposed formula for the awarding of grants under
s. 39.435, except for grants awarded under
s. 39.435 (2) or
(5), for the upcoming academic year to students enrolled in the technical colleges.
38.04(8)
(8) Minority student participation and retention plan. 38.04(8)(b)
(b) Annually by January 1, the board shall develop a plan to increase minority group member participation and retention in the technical college system. The plan shall specify each district board's goals and objectives for minority group member participation and retention. The plan shall outline activities and programs that enhance minority group member participation and retention and shall review the progress made by the board and by district boards in the previous school year.
38.04(9)
(9) Training programs for fire fighters. In order to promote safety to life and property, the board may establish and supervise training programs in fire prevention and protection. The training programs shall be available to members of volunteer and paid fire departments maintained by public and private agencies, including industrial plants. No training program required for participation in structural fire fighting that is offered to members of volunteer and paid fire departments maintained by public agencies may require more than 60 hours of training. The council on fire service training programs shall advise the board on the establishment and maintenance of the programs.
38.04(10)(a)(a) Except as provided under
par. (b), the board shall review and approve any proposals by district boards for land acquisition, additional or new facilities, rentals and remodeling of existing facilities, prior to the letting of contracts to construct, remodel, rent or incur debt for such facilities or acquisition of land. The board shall encourage district boards to finance capital building proposals with long-term benefits through bonding or promissory note obligations.
38.04(10)(b)
(b) Proposals by district boards for minor rentals and minor remodeling projects are exempt from board review and approval under
par. (a). The board shall promulgate rules defining "minor rental" and "minor remodeling" and establishing criteria and procedures for exempting such proposals under this paragraph.
38.04(10)(c)
(c) The board shall review and approve, disapprove or modify any proposal by a district board to lease facilities or property to others under
s. 38.14 (2) (d).
38.04(11)
(11) District reporting and audit requirements. 38.04(11)(a)1.1. The board shall establish uniform reporting methods for fiscal, enrollment, program and other information which shall be provided by the district boards as the board deems necessary and shall require common use of the fiscal year for operations and data reporting. The board shall establish, by rule, uniform formats and reporting standards for district board contracts under
s. 38.14 (3) and for budgets approved by district boards under
s. 38.12 (5m). The board shall promulgate rules governing the financing of capital expenditures under
s. 38.15 and the management of reserve funds.
38.04(11)(a)2.
2. In consultation with the department of education, the board shall establish, by rule, a uniform format for district boards to use in reporting the number of pupils attending district schools under
ss. 118.15 (1) (b),
(cm) and
(d) and
118.37 and in reporting pupil participation in technical preparation programs under
s. 118.34, including the number of courses taken for advanced standing in the district's associate degree program and for technical college credit. The format shall be identical to the format established by the department of education under
s. 115.28 (38).
Effective date note
NOTE: Subd. 2. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
2. In consultation with the department of public instruction, the board shall establish, by rule, a uniform format for district boards to use in reporting the number of pupils attending district schools under ss. 118.15 (1) (b), (cm) and (d) and 118.37 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in the district's associate degree program and for technical college credit. The format shall be identical to the format established by the department of public instruction under s. 115.28 (38).
38.04(11)(b)
(b)
Annual audit. The board shall promulgate rules governing the annual district audit under
s. 38.12 (5). The rules shall provide for a standard audit contract and shall specify the minimum disclosures to be made by the firm conducting the audit and the persons authorized to have access to and obtain the working papers of the firm conducting the audit. The board may conduct or contract for an audit of any district.
38.04(11)(bm)
(bm)
Uniform financial fund accounting system. The board shall prescribe a detailed uniform financial fund accounting system, applicable to all district boards, which provides for the recording of all financial transactions inherent in the management of the districts and the administration of the district aid programs. The system shall be in operation by July 1, 1987.
38.04(11)(c)
(c)
Withholding of state aid. The board shall withhold or suspend payment of all or a portion of state aid to any district board which fails to comply with accounting, budget, audit, contracting and reporting standards established by the board under this subsection.
38.04(12)
(12) Prison inmate educational program. The board may establish vocational educational programs for inmates within the state correctional system and contract with the departments of corrections and health and family services for reimbursement of that portion of the district program costs which exceeds amounts received as state and federal aid.
38.04(13)
(13) Displaced homemakers' program. 38.04(13)(a)1.1. The board shall accept and process applications from district boards and local community organizations to provide services, which may include but are not limited to personal counseling and outreach, to or on behalf of displaced homemakers. The board shall make grants for these purposes from the appropriation under
s. 20.292 (1) (b). Grants under this subsection shall be distributed on a statewide basis and shall supplement rather than replace funds received under any other law to provide services to displaced homemakers. To the extent possible while maintaining statewide distribution, except as provided in
subd. 2., in awarding grants preference shall be given to district boards. If a particular district board does not apply for a grant under this subsection, the board may award a grant to a local community organization located in that district which submits an application. No grant may equal more than 90% of approved expenditures. Any cost to the board of administering this subsection shall be paid from the appropriation under
s. 20.292 (1) (a).
38.04(13)(a)2.
2. If the board receives an application from a local community organization offering a displaced homemakers' program in the 1981-83 biennium and from a district board, the board may not give preference to the district board's application.
38.04(13)(a)3.
3. If the board determines that a district board or local community organization awarded a grant under
subd. 1. will not fully expend the grant before the end of a fiscal year, the board may reduce the amount of the grant awarded to the district board or local community organization and award the funds to another applicant.
38.04(13)(b)
(b) No person may, on the ground of sex, age, race, color, religion or national origin, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this subsection.
38.04(13)(c)
(c) In this subsection, "displaced homemaker" means an individual who:
38.04(13)(c)1.
1. Has worked in the home for a substantial number of years providing unpaid household services for family members;
38.04(13)(c)3.
3. Has had, or would have, difficulty in securing employment; and
38.04(13)(c)4.
4. Has been dependent on the income of another family member but is no longer supported by such income, has been dependent on public assistance but is no longer eligible for such assistance, or is supported as the parent of minor children by public assistance or spousal support but whose children are within 2 years of reaching their majority.
38.04(14)(a)(a) The board shall promulgate rules, applicable to all district boards, establishing general district policies and procedures on all of the following:
38.04(14)(a)1.
1. Employe and district board member travel and expenses. The policies and procedures established under this subdivision shall be similar to the provisions of
ss. 16.53 (12) and
20.916, insofar as applicable.
38.04(14)(b)
(b) The board may direct the district boards to establish written policies relating to any matter not enumerated under
par. (a).
38.04(15)
(15) Review of district board appointments. The board shall, by rule, establish criteria and procedures for the review of district board member appointments by the board.
38.04(16)
(16) Accommodation of religious beliefs. The board shall promulgate rules, applicable to all district boards, providing for the reasonable accommodation of a student's sincerely held religious beliefs with regard to all examinations and other academic requirements.
38.04(17)
(17) Information for tax bills. By October 1, the board shall provide to the department of revenue the information about aids distributed under
ss. 38.28 and
38.32 to each technical college district that will enable the department of revenue to furnish to taxation districts the information required under
s. 73.03 (31).
38.04(20)
(20) Basic skills instruction in jails and prisons. From the appropriation under
s. 20.292 (1) (ce), the board shall award grants to district boards for providing basic skills instruction in jails and prisons.
38.04(22)
(22) Technical college student organizations. The board shall assist district boards to operate technical college student organizations for students pursuing related instruction.
38.04(23)
(23) Workplace literacy resource center. From the appropriation under
s. 20.292 (1) (bm), the board shall operate a workplace literacy resource center. The workplace literacy resource center shall do all of the following:
38.04(23)(a)
(a) Develop, purchase, review and evaluate materials on workplace literacy, including needs assessment instruments, and disseminate those materials to persons interested in supporting workplace literacy.
38.04(23)(b)
(b) Refer any person that is interested in supporting workplace literacy, such as an employer, an employe, a labor organization or a community organization, to literacy service providers located in the person's community and other workplace literacy resources.
38.04(24)
(24) Training of health professionals. The board shall promote public awareness of, access to and training of health professionals for rural and underserved urban areas.
38.04(25)
(25) American Indian health plan. In cooperation with the medical college of Wisconsin, inc., and the board of regents of the university of Wisconsin system, the board shall assist the council on American Indian health in developing and updating those elements of the state American Indian health plan under
s. 46.35 (2) (a) that relate to the recruitment and training of health care providers.
38.04(26)
(26) Technical preparation programs. In consultation with the department of education, the board shall approve courses for technical preparation programs under
s. 118.34. By July 1, 1994, and annually thereafter by July 1, the board shall publish a list of the approved courses that indicates the schools in which each course is taught and the credit equivalency available in each district for each course.
Effective date note
NOTE: Sub. (26) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
