Effective date text
2. If a person who has contracted under par. (a) to provide a 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 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 child care program under this subsection.
(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. For purposes of s. 895.523
, “actual costs" means reasonable costs for maintenance, security, supervision of participants who are minors, if applicable, and cleaning. 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, except as provided in s. 895.523
, 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. The school board may not expend moneys on ineligible costs, as defined by the department by rule. Costs associated with such programs and services shall not be included in the school district's shared cost under s. 121.07 (6)
(19m) Sale of property.
Sell any property belonging to and not needed by the school district. If a school site or other lands are to be abandoned which were acquired or are held upon condition that they revert to the prior owner when no longer used for school purposes, the school board shall sell any school buildings thereon or move them to another site within 8 months after the school buildings cease to be used for school purposes or the site ceases to be maintained as a school district playground or park.
(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 satisfy the income eligibility criteria for free lunches or reduced-price lunches under 42 USC 1758
(b) (1) 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
(30) Hunter education programs.
May award 0.5 high school credit to a pupil who successfully completes while in the high school grades a course of instruction under the hunter education program or bow hunter education program under s. 29.591
or the trapper education program under s. 29.597
. A school board may award credit to a pupil under this subsection for completion of only one program.
(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.
Notwithstanding s. 118.33 (1m)
, 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
; 2011 a. 105
; 2013 a. 186
; 2015 a. 55
; 2017 a. 11
; s. 35.17 correction in (1) (b) 2m.
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
Having established the right to an education, the state may not withdraw the right on grounds of misconduct absent fundamentally fair procedures to determine if misconduct occurred. Attendance by the student at expulsion deliberations is not mandatory; all that is required is that the student have the opportunity to attend and present his or her case. Remer v. Burlington Area School District, 149 F. Supp. 2d 665
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).
School Expulsions: Not all are Equal. Julien & Engel. Wis. Law. Oct. 2001.
Children in School: Student Discipline and the School-to-Prison Pipeline. Spitzer-Resnick. Wis. Law. Sept. 2014.
Capital improvement fund. 120.135(1)
By July 1, 2000, by a two-thirds vote of the members elect, a school board may adopt a resolution creating a capital improvement fund for the purpose of financing the cost of acquiring and improving sites, constructing school facilities and major maintenance of or remodeling, renovating and improving school facilities if all of the following are true:
A tax incremental district that is located in whole or in part in the school district is terminated before the maximum number of years that the tax incremental district would have existed under s. 66.1105 (7) (am)
The value increment of the tax incremental district exceeds $300,000,000.
In each year in which the school board adopts a resolution by a two-thirds vote of the members elect expressing its intention to do so until the year after the year in which the tax incremental district would have been required to terminate under s. 66.1105 (7) (am)
, the school board may deposit into the capital improvement fund the percentage, not to exceed 100 percent, specified in the resolution of the school district's portion of the positive tax increment of the tax incremental district in that year, as determined by the department of revenue under s. 66.1105
The school board shall use the balance of the school district's portion of the positive tax increment of the tax incremental district to reduce the levy that otherwise would be imposed.
Money in the capital improvement fund may not be used for any purpose or be transferred to any other fund without the approval of a majority of the electors of the school district voting on the question at a referendum.
The school board may not deposit into the capital improvement fund any amount other than the percentage specified under sub. (2)
The school board shall submit a report by January 1 of each odd-numbered year to the governor and the joint committee on finance describing the use of the moneys deposited into the fund under sub. (1)
and the effects of that use.
History: 1999 a. 17
; 2001 a. 30
; 2013 a. 8
Long-term capital improvement trust fund. 120.137(1)(1)
In this section, a “long-term capital improvement plan" is a capital improvement plan for at least a 10-year period.
A school board that has approved a long-term capital improvement plan may create a long-term capital improvement trust fund for the purpose of financing the costs of the capital improvements included in the school board's approved long-term capital improvement plan.
A school board may not expend money deposited in a long-term capital improvement trust fund created under sub. (2)
for a period of 5 years beginning on the date the trust fund is created.
After the 5-year period described in par. (a)
, a school board may make expenditures from a long-term capital improvement trust fund solely for the purposes described in the school board's approved long-term capital improvement plan and may not transfer money from a long-term capital improvement trust fund to any other school district fund.
History: 2013 a. 336
Audit of school district accounts.
In a common or union high school district:
At the close of each fiscal year, the school board of each school district shall employ a licensed accountant to audit the school district accounts and certify the audit. The audit shall include information concerning the school district's self-insurance plan under s. 66.0137 (4m)
or 120.13 (2) (b)
, as specified by the commissioner of insurance, and information about expenditures for community programs and services under s. 120.13 (19)
. If required by the state superintendent under s. 115.28 (18)
, the audit shall include an audit of the number of pupils reported for membership purposes under s. 121.004 (5)
. The cost of the audit shall be paid from school district funds. Annually by September 15, the school district clerk shall file a financial audit statement with the state superintendent.
The annual meeting may authorize and direct an audit of the school district accounts by a certified public accountant licensed or certified under ch. 442
The department shall establish by rule a standard contract and minimum standards for audits performed under this section.
See also s. PI 14.03
, Wis. adm. code.
School district president; duties.
The school district president of a common or union high school district shall:
Countersign all checks, share drafts or other drafts for disbursement of school district moneys.
Defend on behalf of the school district all actions brought against the school district.
Prosecute, when authorized by an annual meeting or the school board, actions brought by the school district.
Prosecute an action for the recovery of any forfeiture incurred under chs. 115
in which the school district is interested. If the school district president has incurred the forfeiture, such action shall be prosecuted by the school district treasurer. Of the net sum recovered under such action, one-half shall be paid into the school district treasury and one-half to the county treasury for the benefit of the school fund.