1995 Wisconsin Act 27

27,3899 Section 3899 . 115.81 (8) of the statutes is amended to read:

115.81 (8) Appeal to court. Within 45 days after the decision of the reviewing officer appointed by the state superintendent secretary under sub. (7), either party may appeal the decision to the circuit court for the county in which the child resides.

27,3901 Section 3901 . 115.85 (2) (c) 2. (intro.) of the statutes is amended to read:

115.85 (2) (c) 2. (intro.) The state superintendent department shall approve a placement in a public special education program located in another state if he or she the department determines that it the program is appropriate to meet the child's exceptional educational needs and that:

27,3902 Section 3902 . 115.85 (2m) of the statutes is amended to read:

115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and social services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under ss. s. 48.48 (4) and, 48.553 (3) or 48.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

27,3907 Section 3907 . 115.89 of the statutes is amended to read:

115.89 Noncomplying school district; remedies. (1) If, after a public hearing in the school district or as the result of a monitoring procedure or a complaint investigation, the state superintendent department finds that a school board has violated this subchapter or the rules promulgated under this subchapter, he or she the department may make recommendations to the school board to remedy the violation and may require the school board to submit a remedial plan incorporating such recommendations.

(3) If, after consultation with the school board, the state superintendent department finds that the remedial plan has not incorporated his or her the department's recommendations, or that its implementation has been inadequate to ensure compliance with this subchapter and the rules promulgated under this subchapter, he or she the department shall request the attorney general to proceed against the school district for injunctive or other appropriate relief.

27,3909 Section 3909 . 115.93 (1) of the statutes is amended to read:

115.93 (1) Except as provided under sub. (2), if upon receipt of the reports under s. 115.92 (2) the state superintendent department is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), he or she the department shall certify to the department of administration in favor of each school district maintaining the program a sum equal to 63% of the amount expended by the school district during the preceding school year for salaries of teachers and instructional aids aides, special transportation and other expenses approved by the state superintendent department. The department of administration shall pay such amounts to the school district from the appropriation under s. 20.255 (2) (b).

27,3914e Section 3914e. 116.01 of the statutes is amended to read:

116.01 Purpose. The organization of school districts in Wisconsin is such that the legislature recognizes the need for a service unit between the school district and the state superintendent. The cooperative educational service agencies are designed to serve educational needs in all areas of Wisconsin by serving as a link both between school districts and between school districts and the state. Cooperative educational service agencies may provide leadership and, coordination services for and education services to school districts, including such programs as curriculum development assistance, school district management development, coordination of vocational education and exceptional education, research, special student classes, human growth and development, data collection, processing and dissemination and in-service programs University of Wisconsin System institutions and centers and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public and private schools, agencies and organizations that provide services to pupils.

27,3914m Section 3914m. 116.02 (1) (a) of the statutes is amended to read:

116.02 (1) (a) Each agency shall be governed by a board of control composed of members of school boards of school districts within the agency. There shall be no more than one member from the same school board. There shall be no more than one member from the territory comprising a union high school district and its underlying elementary school districts. Annually on or after the 4th Monday in April, the school board of each school district in the agency shall appoint one of its members as its representative for the purpose of determining the composition of the board of control. For the purpose of determining membership on the board of control, a school district operating elementary grades only and lying in more than one union high school district shall be considered part of the union high school district territory in which the major portion of its equalized valuation lies. The board of control shall hold an annual organizational meeting on or after the 2nd Monday in August, unless, at the direction of the convention under par. (c), the board of control at the annual organizational meeting in any year determines to thereafter hold the annual organizational meeting on an earlier date May. No annual organizational meeting may be held prior to after the 2nd Monday in May. If the board of control at the annual organizational meeting determines to thereafter hold the annual organizational meeting prior to the 2nd Monday in August, it shall within 30 days of that decision give notice in writing of the decision to the clerk of each district within the agency and the state superintendent August.

27,3914s Section 3914s. 116.02 (1) (c) of the statutes is amended to read:

116.02 (1) (c) The state superintendent shall cause to convene annually on the day that the board of control holds its annual organizational meeting under par. (a) a convention composed of the representative from each school board in the agency. The secretary to the board of control of the agency shall act as nonvoting secretary to the convention. In the secretary's absence the convention shall appoint an acting secretary from among the representatives to the convention. Upon the convening of the convention the representatives from all school boards within each union high school district territory, meeting separately, shall elect a single representative to represent the territory in the election of members of the board of control. After the meeting for election of a single representative from each union high school district territory, the convention shall elect the members of the board of control, not to exceed 11 in number, in accordance with the plan of representation for the agency adopted under par. (d). The members of the board of control shall be elected for staggered 3-year terms and shall be chosen from among the representatives elected to represent each union high school district territory and the representatives appointed by the school boards of districts operating both elementary and high school grades. There shall be no more than one representative from each union high school district. The convention may direct the board of control to determine a different date for the annual organizational meeting.

27,3915e Section 3915e. 116.02 (1) (d) of the statutes is repealed.

27,3915m Section 3915m. 116.02 (2) of the statutes is repealed and recreated to read:

116.02 (2) The annual convention shall establish bylaws for governing the agency, including bylaws for all of the following:

(a) Subject to sub. (1) (a), setting the date of the annual convention and establishing procedures for calling a special meeting.

(b) Providing for regular meetings of the board of control.

(c) Establishing an initial plan of representation for the agency and specifying how the plan may be amended.

(d) Specifying the number of members on the board of control.

(e) Specifying what constitutes a vacancy on the board of control and establishing procedures for filling a vacancy on the board of control.

(f) Specifying the officers on the board of control, establishing procedures for choosing those officers, specifying their terms of office and their duties and establishing procedures for removing them from office.

(g) Providing for the establishment of fiscal control, responsibility and accountability requirements.

(h) Designating a public depository.

27,3915s Section 3915s. 116.02 (3) of the statutes is repealed.

27,3916e Section 3916e. 116.03 (3) of the statutes is repealed.

27,3916m Section 3916m. 116.03 (6) of the statutes is repealed.

27,3916s Section 3916s. 116.03 (7) of the statutes is repealed.

27,3917m Section 3917m. 116.03 (8) of the statutes is repealed.

27,3919 Section 3919 . 116.03 (10) of the statutes is amended to read:

116.03 (10) Authorize the expenditure of money for the purposes set forth in this chapter and for the actual and necessary expenses of the board of control and agency administrator and for the acquisition of equipment, space and personnel. All accounts of the agency shall be paid by check, share draft or other draft signed by the chairperson and secretary to the board of control.

27,3920 Section 3920. 116.03 (11) of the statutes is amended to read:

116.03 (11) Establish the salaries of the agency administrator and other professional and nonprofessional employes. State reimbursement for the cost of the salary of the agency administrator shall be equal to the actual salary paid or the maximum of the salary range for public instruction supervisors under the state superintendent in the department, whichever is less.

27,3920m Section 3920m. 116.03 (12m) of the statutes is created to read:

116.03 (12m) Every 3rd year as scheduled by the department, provide to the school board of each school district in the agency an accountability plan that addresses both the efficiency and effectiveness of all agency programs and services.

27,3921 Section 3921 . 116.03 (13) of the statutes is amended to read:

116.03 (13) Every 3rd year, as scheduled by the state superintendent department, submit to the state superintendent department for his or her its approval an evaluation of agency programs and services.

27,3921m Section 3921m. 116.03 (13s) of the statutes is created to read:

116.03 (13s) Upon request of 2 or more school districts served by the board of control, apply for a state trust fund loan under s. 24.66 on behalf of the school districts to carry out a distance education project. The board of control shall expend the proceeds or transfer the proceeds to each school district in the amounts determined under s. 24.61 (7) as directed by each school district and shall accept from each school district repayments of principal and payments of interest and promptly remit such payments to the board of commissioners of public lands.

27,3922c Section 3922c. 116.032 of the statutes is created to read:

116.032 Contracts for services. (1) Subject to subs. (2) to (5), for the purpose of providing services to pupils a board of control may contract with school districts, University of Wisconsin System institutions and centers, technical college district boards, private schools, and agencies or organizations that provide services to pupils.

(2) A board of control may not contract with any person for the purpose of providing services to any entity specified under sub. (1) unless the entity specified under sub. (1) is authorized to contract directly with that person for those services.

(3) (a) A board of control may contract with a private school or private agency or organization to provide a service or program to that private school or private agency or organization only if all of the following apply:

1. The service or program was developed for and has been provided to public schools.

2. Providing the service or program will not have a negative effect on the agency's ability to serve school districts.

(b) Any contract with an entity specified under sub. (1) other than a school district shall require payment for at least the full cost of the service or program provided.

(4) A board of control may contract with a school district that is not in the agency to provide a service or program to that school district only if the agency in which the school district participates does not offer the service or program or the latter agency authorizes the school district to do so.

(5) No contract may be for a term that is longer than 20 years.

27,3922g Section 3922g. 116.04 of the statutes, as affected by 1993 Wisconsin Act 355, is repealed and recreated to read:

116.04 Agency administrator. The board of control shall appoint an individual who is licensed by the department as a school administrator or is eligible to be licensed by the department as a school administrator to serve as agency administrator. The agency administrator shall implement the policies of the board of control.

27,3923m Section 3923m. 116.05 of the statutes is amended to read:

116.05 (title) Professional advisory committee Advisory committees. In each agency there shall be a professional advisory committee, composed of the school district administrator of each school district in the agency, which shall meet at the request of the board of control or the agency administrator to advise them. The board of control may appoint additional advisory committees that are representative of the users of the agency's services and programs.

27,3924m Section 3924m. 116.055 of the statutes is amended to read:

116.055 Real property. The board of control may purchase, hold, encumber and dispose of real property, in the name of the agency, for use as its office or for any educational service provided by the agency if a resolution to do so is adopted by a two-thirds vote of the members of the board of control majority of the delegates at the annual convention or at a special meeting and then approved, within 60 days after the convention or special meeting, by three-fourths two-thirds of the school boards in the agency by majority vote of each school board. Aid received under s. 116.08 may be used for the acquisition and maintenance of real property under this section. In addition, the board of control may assess the costs of acquisition and maintenance against each school district in the agency.

27,3924r Section 3924r. 116.08 (3m) (intro.) and (b) of the statutes are consolidated, renumbered 116.08 (3m) and amended to read:

116.08 (3m) The school board of a school district that has withdrawn from cooperative educational service agency no. 1 under s. 116.065 and is not in any other agency may: (b) Contract contract with the department for other programs and services the school district would be receiving if it were in an agency.

27,3924t Section 3924t. 116.08 (3m) (a) of the statutes is repealed.

27,3925m Section 3925m. 116.09 of the statutes is created to read:

116.09 State and federal grants. (1) Except as provided under sub. (2), the board of control is eligible for and may apply for any state or federal grant for which a school district is eligible.

(2) If a school district in the agency applies for a grant the board of control is eligible for that grant only on behalf of one or more school districts in the agency.

27,3926 Section 3926 . 117.03 (2) of the statutes is amended to read:

117.03 (2) “Appeal panel" means a panel appointed by the state superintendent secretary under s. 117.05 (1).

27,3927 Section 3927 . 117.05 (1) of the statutes is amended to read:

117.05 (1) Appeal panels. The state superintendent secretary shall appoint 3 members of the board to hear appeals filed under ss. 117.12 (4) and 117.13 (3). No 2 members of the appeal panel may be board members from any of the following kinds of school districts: those with small enrollments, those with medium enrollments or those with large enrollments.

27,3928 Section 3928 . 117.05 (1m) of the statutes is amended to read:

117.05 (1m) Board and appeal panel meetings. The state superintendent secretary shall set the time and place for meetings of the board under ss. 117.10, 117.12 (5) and 117.132 and for meetings of appeal panels under ss. 117.12 (4) and 117.13.

27,3929 Section 3929 . 117.05 (2) (a) of the statutes is amended to read:

117.05 (2) (a) Board. The state superintendent secretary shall appoint 7 members of the board to perform any review under ss. 117.10, 117.12 (5) and 117.132. The 7 members shall include the state superintendent secretary or his or her designee on the board, 2 board members from school districts with small enrollments, 2 board members from school districts with medium enrollments and 2 board members from school districts with large enrollments. Any action of the board under this chapter requires the affirmative vote of at least 4 of the 7 members appointed under this paragraph.

27,3930 Section 3930 . 117.05 (10) of the statutes is amended to read:

117.05 (10) (title) State superintendent Secretary to advise. The state superintendent secretary shall advise and consult with school boards regarding school district organization and reorganization. If, in the state superintendent's secretary's opinion, one or more school districts should be altered, consolidated or dissolved, he or she may make recommendations to the school boards.

27,3931 Section 3931 . 118.001 of the statutes is created to read:

118.001 Duties and powers of school boards; construction of statutes. The statutory duties and powers of school boards shall be broadly construed to authorize any school board action that is within the comprehensive meaning of the terms of the duties and powers, if the action is not prohibited by the laws of the federal government or of this state.

27,3933 Section 3933 . 118.01 (1) of the statutes is amended to read:

118.01 (1) Purpose. Public education is a fundamental responsibility of the state. The constitution vests in the state superintendent the supervision of public instruction and directs the legislature to provide for the establishment of district schools. The effective operation of the public schools is dependent upon a common understanding of what public schools should be and do. Establishing such goals and expectations is a necessary and proper complement to the state's financial contribution to education. Each school board should provide curriculum, course requirements and instruction consistent with the goals and expectations established under sub. (2). Parents and guardians of pupils enrolled in the school district share with the state and school board the responsibility for pupils meeting the goals and expectations under sub. (2).

27,3934 Section 3934 . 118.013 (3) (a) of the statutes is amended to read:

118.013 (3) (a) A school board on its own initiative or upon receipt of an application from the principal of a school located in the school district may apply to the state superintendent department for a grant to assist in developing or implementing a management restructuring program. The state superintendent At the commencement of each gubernatorial term of office, the secretary shall appoint a 12-member council under s. 15.04 (1) (c) to review the applications and make recommendations to the state superintendent department. The council shall consist of the governor or his or her designee and at least one member representing school boards, one member representing school administrators, one member representing parents of pupils enrolled in the school district and one member representing teachers. The state superintendent secretary may also appoint members representing other groups. Grants shall be awarded from the appropriation under s. 20.255 (2) (ds). The state superintendent department shall give preference in awarding grants under this paragraph to applications submitted by school boards in collaboration with an organization of professional educators or persons concerned with educational administration. To the extent possible, the state superintendent department shall ensure that grants are equally distributed on a statewide basis.

27,3936m Section 3936m. 118.019 (5) of the statutes is amended to read:

118.019 (5) Advisory committee. Each In any school district that offers a human growth and development curriculum, the school board shall appoint an advisory committee composed of parents, teachers, school administrators, pupils, health care professionals, members of the clergy and other residents of the school district. The advisory committee shall develop a the human growth and development curriculum and advise the school board on the design, review and implementation of the advisory committee's human growth and development curriculum. The advisory committee shall review the curriculum at least every 3 years and shall file a written report with the department indicating it has done so.

27,3937 Section 3937 . 118.019 (6) of the statutes is repealed.

27,3938 Section 3938 . 118.07 (2) (b) of the statutes is amended to read:

118.07 (2) (b) Annually the person having direct charge of any public or private school shall file a report pertaining to such drills on forms furnished by the department of industry, labor and human relations development. Such reports shall be made to the department of industry, labor and human relations development and, in each community having a recognized fire department, to the chief of the fire department. When no fire drill is held during any month, the person having direct charge of the school shall state the reasons therefor in the report.

27,3939 Section 3939 . 118.125 (2) (i) of the statutes is amended to read:

118.125 (2) (i) The technical college district board in which the public school is located, or the department of health and social services or a county department under s. 46.215, 46.22 or 46.23 for verification of eligibility for public assistance under ch. 49, shall, upon Upon request, be provided by the school district clerk with shall provide the names of pupils who have withdrawn from the public school prior to graduation under s. 118.15 (1) (c) to the technical college district board in which the public school is located or, for verification of eligibility for public assistance under ch. 49, to the department of health and social services, the department of industry, labor and human relations or a county department under s. 46.215, 46.22 or 46.23.

27,3940 Section 3940 . 118.125 (3) of the statutes is amended to read:

118.125 (3) Maintenance of records. Each school board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board may maintain the records on microfilm, or optical disk or in electronic format if authorized under s. 19.21 (4) (c), or in such other form as the school board deems appropriate. A school board shall maintain peace officers' records obtained under s. 48.396 (1m) separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under ch. 985.