Board; general provisions. 119.12(1)(1)
Board members are subject to all restrictions, liabilities, punishments and limitations, including recall under s. 9.10 (4)
, prescribed by law for members of the common council in their city. A majority of the members-elect of the board may dismiss from office for malfeasance any member of the board. The board shall provide by resolution the manner of hearing and disposing of complaints against a board member.
In any action or proceeding in which the board is a defendant, service of any summons, writ, pleading or other papers served in commencing the action or proceeding upon the board president and the superintendent of schools constitutes service upon the entire board. It is sufficient to serve on such 2 officers any notice required by law to be served upon the board.
Each member of the board shall be paid an annual salary in the amount set by the board. The salary shall be paid monthly.
The board shall not in any one year contract any debt or incur any expense greater than the amount of the school funds subject to its order.
If the board president is by law a member of any board or commission, the board may appoint another board member to serve on such board or commission in place of the board president.
The city attorney of the city shall be the legal adviser of and attorney for the board, except that the board shall retain an attorney to represent the board in any matter if any of the following applies:
The mayor, the common council, the city attorney, or the board determines that the board requires specialized legal expertise not possessed by the city attorney.
The mayor, the common council, the city attorney, or the board determines that the city attorney does not have sufficient staff to adequately represent the interests of the board.
The mayor, the common council, the city attorney, or the board determines that a conflict of interest exists.
The city attorney shall notify the board as soon as a determination is made under par. (a)
that the city attorney is unable to represent the board. The board shall provide the city attorney with reasonable notice of any board meeting at which the board will consider retention of an attorney.
Board members; refusal of salary. 119.13(1)(1)
In this section, “board member” includes a member-elect.
Notwithstanding the provisions of s. 119.12 (3)
, a board member may send written notification to the clerk and the city treasurer that the board member wishes to refuse to accept the salary that he or she is otherwise entitled to receive.
Except as provided in subd. 2. b.
, for the taxable year in which the board member's election is certified or the board member is appointed under s. 17.26
, the board member shall send the notification no later than the day on which the board member takes the official oath of office and before the board member performs any services in his or her capacity as a board member. The notification applies only to the taxable year in which the board member's election is certified.
If the board member's current taxable year ends within 3 months of the day on which the board member's election is certified, the notification applies until the end of his or her next taxable year.
Except as provided in subd. 2.
, a board member shall send the notification at least 30 days before the start of the board member's next taxable year and the notification applies only to that taxable year. A board member may renew his or her refusal by sending a notification annually as provided in this subdivision.
A board member may not rescind a notification sent under this paragraph.
If the clerk and city treasurer receive a notification under par. (a)
, the city treasurer may not pay the board member the salary that he or she is otherwise entitled to receive during the time period to which the notification applies, beginning with the first pay period that commences after the notification applies.
If a board member's notification no longer applies, the city treasurer shall pay the board member any salary that he or she is entitled to receive, beginning with the first pay period that commences after the expiration of the notification.
History: 2017 a. 9
Educational priorities and objectives.
The board and the superintendent of schools shall identify broad yearly objectives and assess priorities for education in the district and shall issue an annual report and such additional reports as the board and superintendent deem desirable on the progress of pupils enrolled in the public schools.
(1m) Management of school district.
The board shall have the possession, care, control and management of the schools, facilities, operations, property and affairs of the school district.
(1n) Contract with the superintendent of schools or with the commissioner.
Notwithstanding sub. (1m)
, immediately upon the transfer of a public school to an opportunity schools and partnership program under s. 119.33
or subch. II
, the board shall make the superintendent of schools or the commissioner, respectively, an agent of the board under any lease between the board and the city and shall transfer to the superintendent of schools or the commissioner, respectively, the possession, care, control, and management of all land, buildings, facilities, and other property that is part of the school being transferred.
(2) Establish schools and districts.
The board shall maintain the public schools in the city, other than those public schools transferred to the opportunity schools and partnership programs under s. 119.33
and subch. II
, and shall establish, organize and maintain such schools as the board determines are necessary to accommodate the children entitled to instruction therein. The board shall divide the city into attendance districts for such schools.
The board 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.
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. Except as provided in par. (c)
, deeds of conveyance and leases shall be made to the city.
If the redevelopment authority of the city issues bonds under s. 66.1333 (5r)
, the board may lease buildings or sites from the redevelopment authority or borrow money from the redevelopment authority for the purposes of par. (a)
By July 1, 2011, the board shall evaluate all school buildings in the school district operating under this chapter according to the criteria established under par. (b)
, and shall develop a master plan governing the use, repair, renovation, and demolition of buildings in the school district.
The board shall establish criteria to evaluate the safety, structural integrity, utility, and costs of maintenance and repair of school buildings in the school district. Subject to the requirements under sub. (10)
, the criteria shall include consideration of the advantages and disadvantages of repairing versus demolishing older buildings having high maintenance or operating costs.
(4) Competitive bidding.
The board shall establish competitive bidding policies and procedures for purchases and for construction contracts.
(5) Special courses.
Within budgetary limitations, the board 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 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.
(6) Custodians of school premises.
The board 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.
Annually before adopting its budget for the ensuing school year and at least 5 days before transmitting its 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 45 days before the public hearing, the board shall notify the superintendent of schools and the commissioner of the date, time, and place of the hearing. At least one week before the public hearing, the board shall publish a class 1 notice, under ch. 985
, of the public hearing.
The board shall transmit its 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, and shall include in the budget the information specified under s. 119.46 (1)
for all public schools in the city under this chapter, including the schools transferred to the opportunity schools and partnership programs under s. 119.33
and subch. II
. The board shall itemize those portions of the budget allocated to schools transferred to the opportunity schools and partnership programs under s. 119.33
and subch. II
. Such completed budget shall be published with the budget summary under s. 65.04 (2)
and budget under s. 65.05 (7)
(9) School budget.
Annually, the board shall prepare a budget for each school in the school district operating under this chapter, other than the schools transferred to the opportunity schools and partnership programs under s. 119.33
and subch. II
The board may not demolish any school facility that is 50 years old or older without the approval of the city historic preservation commission.
The board may construct new school facilities only in the areas of greatest local need for such facilities.
(11) Comprehensive programs.
The board shall collaborate with nonprofit organizations and government agencies to provide pupils with comprehensive social services and educational support, which may include a program that offers comprehensive services that address the needs of children and youth from before the time they are born through postsecondary education.
(12) Alternative routes to graduation.
The board shall provide alternative methods of attaining a high school diploma for those pupils who are unlikely to graduate in the traditional manner, including a program allowing a pupil or former pupil to retake a course in which he or she was not initially successful.
(13) Research consortium.
If the board determines that sufficient state or federal aid or private funding is available for this purpose, the board shall participate in an educational research consortium, similar to the Consortium on Chicago School Research and the Boston Plan for Excellence, to provide research and policy recommendations, including recommendations addressing pupil literacy and academic achievement, to the department, the board, and the legislature. In addition, the research consortium shall make its recommendations publicly available.
(14) Parent survey.
Annually, the board shall conduct a survey of parents of pupils enrolled in the school district operating under this chapter and use the results of the survey to develop or modify parent involvement and school improvement plans, which may include school-based community resource centers, regularly scheduled public meetings, or parent education classes.
(15) Aggregate assessment data of pupils attending a school transferred to an opportunity schools and partnership program.
Upon receipt from the superintendent of schools of pupil assessment and achievement data under s. 119.33 (2) (d)
or from the commissioner of pupil assessment and achievement data under s. 119.9002 (4)
for pupils enrolled in schools transferred to an opportunity schools and partnership program, the board may not make any modifications to the data but shall transmit that data to the state superintendent along with the report submitted under s. 119.44
One who deals with a municipality does so at his or her own risk and may be subject to any provisions of law that might prevent him or her from being paid by a municipality even though the services were rendered. Unless the power to bind the municipality financially has been specifically delegated, the only entity with the statutory authority to contract is the municipality. The statutes do not authorize anyone other than the board to enter into contracts. The board may delegate that authority, but it must do so clearly and specifically. For an MPS employee to have such power, it must be specifically delegated by the board to that employee or class of employees. Holzbauer v. Safway Steel Products, Inc. 2005 WI App 240
, 288 Wis. 2d 250
, 706 N.W.2d 36
The authority of school boards to contract for services and facilities for special needs students is discussed. 61 Atty. Gen. 203.
The board 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.
Subject to par. (b)
, the board may adopt and modify or repeal rules for its own government and for the organization, discipline and management of the public schools which shall promote the good order and public usefulness of the public schools.
The board may not establish by rule any limit on the number of pupils who may enroll in a charter school that is not an instrumentality of the school district, as determined under s. 118.40 (7)
(2) Distribution of printed proceedings.
The board may determine the distribution of the printed proceedings of the board.
The board may provide for the transportation of pupils to and from any school within the city.
The board may provide for accident insurance covering pupils in the school district.
(5) Textbooks for indigent pupils.
The board 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 for all expenditures by the board for such textbooks. Such textbooks shall be the property of the city and subject to the disposal of the board.
(6) School calendar.
The board may determine the school calendar and vacation periods for each school year for the regular day schools, summer schools, social centers, and playgrounds. The board may close any school or dismiss any class in the event of an emergency, fire or other casualty, quarantine, or epidemic.
(7) School hours.
The board may establish rules scheduling the hours of each school day during which the schools shall be in session. The board may differentiate between the various grades in scheduling such school hours.
(8) Schools closed.
The board 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.
(9) Enrollment under legal name.
The board may require that any pupil attending public school shall be enrolled under the pupil's legal name.
Subject to ss. 63.18
when applicable, the board may employ and determine the qualifications, duties and compensation of any persons as are required in the operation and management of the schools.
The board may employ a staff to aid it in its duties. The board shall determine the compensation, duties and qualifications of its staff, including whether or not employment of such staff shall be subject to ss. 63.18
(11) Bonded officers and employees.
The board may require any officer or employee of the board to give security for the faithful performance of the officer's or employee's duties in such form and amount as the board determines, and may require at any time additional bonds and sureties of any officer or employee.
(12) Employer contribution.
The board may make as the employer agency the contributions to the city retirement system payable under chapter 396, laws of 1937
, in respect to its employees who are members of such system.
(13) Exchange teachers.
The board 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 for a teacher of such other city or school district for a period not exceeding one school year. The board shall determine the qualifications and compensation of the teacher rendering service under the agreement in the schools under its 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:
The manner and by whom the salaries of such exchange teachers shall be paid.
That any teacher regularly employed by the board 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 ch. 40
Such other provisions as the board and the other managing body deem appropriate.
(14) Sales and charges.
The board may establish and maintain, in any of the schools or playgrounds under its jurisdiction, cafeterias and stores for the sale of schoolbooks, candies, refreshments and supplies. The board 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.
(15) Lease school property.
In addition to any other authority, the board may lease school sites, buildings and equipment not needed for school purposes to any person for any lawful use at a reasonable rental for a term not exceeding 15 years.
In this subsection, “community foundation" means a charitable organization, described in section 501
(c) (3) of the Internal Revenue Code and exempt from federal income tax under section 501
(a) of the Internal Revenue Code, dedicated to encouraging and assisting charitable activities and enterprises in a designated community in this state and having expertise in finance, fund development, and grantmaking.
The board 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 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 may determine the use of or may invest the same in accordance with the law applicable to trust investments, or may, subject to par. (c)
, transfer any such gift or grant to a community foundation. In the use, control, or investment of such gifts or grants, the board may exercise the rights and powers generally conferred upon trustees.
The board may transfer a gift or grant to a community foundation only if the board and the community foundation agree, in writing and at the time of the transfer of the gift or grant, to each of the following:
The community foundation agrees to make disbursements from and of the gift or grant to the board upon the written request of the board.
Subject to subd. 2m.
, the board retains control over the manner in which any disbursement made under subd. 1.
The school board's use of any disbursement made under subd. 1.
shall be consistent with the intent of the donor of the gift, bequest, or endowment and with the agreement between the school board and the community foundation.
The board exercises its rights over the use of each disbursement made under subd. 1.
in accordance with the law applicable to trust investments.