Effective date note
NOTE: Par. (a) 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
(a) A school board, with the cooperation and support of a community-based organization, may apply to the state superintendent for a grant of up to $30,000 to fund an after-school or summer school program for pupils in grades 1 to 9.
115.361(5)(b)
(b) The department shall award grants under this subsection from the appropriation under
s. 20.255 (2) (dm). The amount of a grant may not exceed 80% of the cost of the program, including in-kind contributions. The department may award a grant to a school board under this subsection only if all of the following apply:
Effective date note
NOTE: Par. (b) (intro.) 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
(b) The state superintendent shall award grants under this subsection from the appropriation under s. 20.255 (2) (dm). The amount of a grant may not exceed 80% of the cost of the program, including in-kind contributions. The state superintendent may award a grant to a school board under this subsection only if all of the following apply:
115.361(5)(b)1.
1. The program identifies the special skills and interests of individual pupils and helps them develop those skills and interests.
115.361(5)(b)2.
2. The program is coordinated with the school district's program for children at risk under
s. 118.153 and the school district's alcohol and drug abuse prevention program.
115.361(5)(b)3.
3. The program includes a school tutoring program operated by the school board or the community-based organization for pupils in grades 1 to 9 who are one or more years behind their age group in reading, writing or mathematics or who exhibit other significant academic deficiencies, including poor school attendance or school work completion problems. The department may consider whether any of the following applies to the program in determining whether to award a grant:
Effective date note
NOTE: Subd. 3. (intro.) 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
3. The program includes a school tutoring program operated by the school board or the community-based organization for pupils in grades 1 to 9 who are one or more years behind their age group in reading, writing or mathematics or who exhibit other significant academic deficiencies, including poor school attendance or school work completion problems. The state superintendent may consider whether any of the following applies to the program in determining whether to award a grant:
115.361(5)(b)3.a.
a. The tutoring program provides at least one instructor for every 6 pupils.
115.361(5)(b)4.
4. No more than 7% of the amount awarded will be used for program administration by the school district.
Effective date note
NOTE: Par. (c) (intro.) 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
(c) The state superintendent shall:
115.361(5)(c)1.
1. Ensure that grants are awarded to school districts that have a higher than average dropout rate.
115.361(5)(c)2.
2. Give preference in awarding grants to programs that use retired teachers.
115.361(5)(c)3.
3. Annually by July 1, evaluate the programs funded under this subsection and submit a report describing its conclusions and recommendations to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3).
Effective date note
NOTE: Subd. 3. 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
3. Annually by July 1, evaluate the programs funded under this subsection and submit a report describing his or her conclusions and recommendations to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).
115.361(5)(c)4.
4. Promulgate rules to implement and administer this subsection.
115.361(7)(a)(a) Of the amount in the appropriation under
s. 20.255 (2) (dm), annually the department shall allocate the following amounts for the following programs:
Effective date note
NOTE: Par. (a) (intro.) 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
(a) Of the amount in the appropriation under s. 20.255 (2) (dm), annually the state superintendent shall allocate the following amounts for the following programs:
115.361(7)(a)2.
2. For drug abuse resistance education grants under
sub. (2), $895,000 in the 1993-94 fiscal year and $995,000 annually thereafter.
115.361(7)(a)3.
3. For grants for families and schools together programs under
sub. (3), $1,000,000.
115.361(7)(a)4.
4. For grants for pupil alcohol and other drug abuse program projects under
sub. (4), $300,000.
115.361(7)(a)5.
5. For grants for after-school and summer school programs under
sub. (5), $425,000.
115.361(7)(b)
(b) Annually, the department shall determine whether the amount allocated for each program under
par. (a) will be fully utilized based upon the applications received that meet the specified criteria for each program. If an amount will not be fully utilized, the department may transfer the unutilized funds to programs for which qualified applications exceed the amounts allocated. The transfer shall be made by November 1 of each school year, except that in any school year in which a biennial budget act takes effect, the transfer shall be made by November 1 or within 120 days after the effective date of the biennial budget act, whichever is later. Annually, the department shall submit a report to the joint committee on finance describing all transfers under this paragraph.
Effective date note
NOTE: Par. (b) 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
(b) Annually, the state superintendent shall determine whether the amount allocated for each program under par. (a) will be fully utilized based upon the applications received that meet the specified criteria for each program. If an amount will not be fully utilized, the state superintendent may transfer the unutilized funds to programs for which qualified applications exceed the amounts allocated. The transfer shall be made by November 1 of each school year, except that in any school year in which a biennial budget act takes effect, the transfer shall be made by November 1 or within 120 days after the effective date of the biennial budget act, whichever is later. Annually, the state superintendent shall submit a report to the joint committee on finance describing all transfers under this paragraph.
115.361(7)(c)
(c) The department shall collect and analyze information about the programs funded under this section, evaluate their effectiveness and submit a report of the evaluation to the appropriate standing committees of the legislature under
s. 13.172 (3) and to the governor by July 1, 1994, and biennially by July 1 thereafter.
Effective date note
NOTE: Par. (c) 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
(c) The state superintendent shall collect and analyze information about the programs funded under this section, evaluate their effectiveness and submit a report of the evaluation to the appropriate standing committees of the legislature under s. 13.172 (3) and to the governor by July 1, 1994, and biennially by July 1 thereafter.
115.3615
115.3615
Head start supplement. From the appropriation under
s. 20.255 (2) (eh), the department shall distribute funds to agencies determined by the department to be eligible for designation as head start agencies under
42 USC 9836 to provide comprehensive health, educational, nutritional, social and other services to economically disadvantaged children and their families. The department shall distribute the funds in a manner consistent with
42 USC 9831 to
9852 except that there is no matching fund requirement. The department shall give preference in funding under this section to an agency that is receiving federal funds under
42 USC 9831 to
9852. Funds distributed under this section may be used to match available federal funds under
42 USC 9831 to
9852 only if the funds are used to secure additional federal funds for the purposes under this section.
Effective date note
NOTE: This section 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
115.3615 Head start supplement. From the appropriation under s. 20.255 (2) (eh), the state superintendent shall distribute funds to agencies determined by the state superintendent to be eligible for designation as head start agencies under 42 USC 9836 to provide comprehensive health, educational, nutritional, social and other services to economically disadvantaged children and their families. The state superintendent shall distribute the funds in a manner consistent with 42 USC 9831 to 9852 except that there is no matching fund requirement. The state superintendent shall give preference in funding under this section to an agency that is receiving federal funds under 42 USC 9831 to 9852. Funds distributed under this section may be used to match available federal funds under 42 USC 9831 to 9852 only if the funds are used to secure additional federal funds for the purposes under this section.
115.3615 History
History: 1989 a. 122 ss.
53c to
53e;
1991 a. 39,
269 s.
614g; Stats. 1991 s. 115.3615;
1995 a. 27 s.
9145 (1).
115.362
115.362
Youth alcohol and other drug abuse programs. 115.362(1)(1) The department shall make grants to school districts for alcohol and other drug abuse prevention, intervention and instruction programs. The department shall award at least 30 grants each school year.
115.362(2)(a)(a) The department shall award grants from the appropriation under
s. 20.255 (2) (fy) to school districts for any of the following:
115.362(2)(a)1.
1. The development or expansion of a school district-wide, kindergarten to grade 12 curriculum in the prevention of and intervention in alcohol and other drug abuse.
115.362(2)(a)2.
2. If a school district has a curriculum described under
subd. 1., the development or expansion of an alcohol and other drug abuse prevention and intervention program.
115.362(2)(b)
(b) The department shall award grants under
sub. (1) from the appropriation under
s. 20.255 (2) (k) only for alcohol and other drug abuse intervention programs.
115.362(3)
(3) Except for grants under
sub. (2) (a), no school district may receive more than one grant under this section. Grants awarded under
sub. (2) (a) shall not be used to supplant or replace funds otherwise available for the program.
115.362(4)(a)(a) Each school board receiving a grant under
sub. (2) (a) 2. shall ensure that its program meets standards established by the department by rule. The school board may establish the program individually or on a cooperative basis with one or more school districts, cooperative educational service agencies or county handicapped children's education boards.
Effective date note
NOTE: Par. (a) 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
(4) (a) Each school board receiving a grant under sub. (2) (a) 2. shall ensure that its program meets standards established by the state superintendent by rule. The school board may establish the program individually or on a cooperative basis with one or more school districts, cooperative educational service agencies or county handicapped children's education boards.
115.362(4)(b)
(b) As part of its alcohol and other drug abuse prevention and intervention program, the school board shall do all of the following:
115.362(4)(b)1.
1. Train teachers and other school staff members in the prevention of alcohol and other drug abuse.
115.362(4)(b)2.
2. Provide a pupil assistance program to intervene in the abuse of alcohol and other drugs by pupils.
115.362(4)(b)3.
3. Develop and implement an alcohol and other drug abuse curriculum for grades kindergarten to 12.
115.362(4)(b)4.
4. Provide instruction to pupils in communication, problem solving and decision making, dealing effectively with peer pressure, critical thinking, stress reduction, self-improvement and positive self-esteem.
115.362(4)(b)5.
5. Release teachers from other duties in order to enable them to participate in training programs under
subd. 1. and
s. 115.36 (2) (a) and in pupil assistance programs under
subd. 2.
115.362(4)(c)
(c) The school board shall coordinate its alcohol and other drug abuse prevention and intervention program with other such programs available in the school district and to the greatest extent possible shall involve pupils, parents, professional school staff, treatment professionals, law enforcement officers and court personnel in the development and implementation of the program.
115.362(5)
(5) The department shall promulgate rules establishing criteria for the awarding of grants under
sub. (2) (a). The rules shall require that the department give priority in awarding grants to school districts in which no pupil assistance program is available.
Effective date note
NOTE: Sub. (5) 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
(5) The state superintendent shall promulgate rules establishing criteria for the awarding of grants under sub. (2) (a). The rules shall require that the state superintendent give priority in awarding grants to school districts in which no pupil assistance program is available.
115.365
115.365
Assistance to schools for suicide prevention programs. 115.365(1)(1) The purpose of this section is to enable and encourage public and private schools to develop programs designed to prevent suicide among minors.
115.365(2)
(2) The department, in conjunction with the department of health and family services, shall:
115.365(2)(a)
(a) Develop and conduct training programs in suicide prevention for the professional staff of public and private schools and county departments under
ss. 46.215,
46.22 and
51.42. The programs shall include information on how to assist minors in the positive emotional development which will help prevent suicidal tendencies; the detection, by minors, school staff and parents, of conditions which indicate suicidal tendencies; the proper action to take when there is reason to believe that a minor has suicidal tendencies or is contemplating suicide; and the coordination of school suicide prevention programs and activities with the suicide prevention and intervention programs and activities of other state and local agencies. Persons other than the professional staff of public and private schools and county departments under
ss. 46.215,
46.22 and
51.42 may attend the training programs. The department may charge such persons a fee sufficient to cover the increased costs to the department of their participation in the programs.
115.365(2)(b)
(b) Provide consultation and technical assistance to public and private schools for the development and implementation of suicide prevention programs and the coordination of those programs with the suicide prevention and intervention programs of other state and local agencies.
115.368
115.368
Assistance to schools for protective behaviors programs. 115.368(1)(1) The purpose of this section is to enable and encourage public and private schools to develop protective behaviors programs and anti-offender behavior programs designed to assist minors and their parents or guardians in recognizing, avoiding, preventing and halting physically or psychologically intrusive or abusive situations that may be harmful to minors.
115.368(2)
(2) The department, in conjunction with the department of health and family services, and after consulting with established organizations providing services with a focus on children of risk, shall:
115.368(2)(a)
(a) Develop and conduct protective behaviors training programs for the professional staff of public and private schools and counties under
ss. 46.034,
46.215,
46.22,
46.23,
51.42 and
51.437. The training programs shall include information on how to assist a minor and his or her parent or guardian in recognizing, avoiding, preventing and halting physically or psychologically intrusive or abusive situations that may be harmful to the minor, including child abuse, sexual abuse and child enticement. The training programs shall emphasize how to help minors to develop positive psychological, emotional and problem-solving responses to such situations, and to avoid relying on negative, fearful or solely reactive methods of dealing with such situations. The training programs shall also include information on the detection, by other minors, their parents or guardians and school staff, of conditions that indicate that a minor is being or has been subjected to such situations; the proper action to take when there is reason to believe that a minor is being or has been subjected to such situations; and the coordination of school protective behaviors programs and activities with programs and activities of other state and local agencies. Persons other than the professional staff of public and private schools and counties under
ss. 46.034,
46.215,
46.22,
46.23,
51.42 and
51.437 may attend the training programs. The department may charge such persons a fee sufficient to cover the increased costs of materials, but not personnel cost, to the department of their participation in the programs. The department may not deny any resident of Wisconsin the opportunity to participate in a program if the person is unable to pay any fee.
115.368(2)(b)
(b) Provide consultation and technical assistance to public and private schools for the development and implementation of protective behaviors programs and the coordination of those programs with programs of other state and local agencies.
115.37
115.37
Council on the education of the blind. The council on the education of the blind shall make recommendations as to procedures and policies affecting any problem of the visually handicapped before the department. The council shall advise on such services, activities, programs, investigations and researches as in its judgment will contribute to the welfare of visually handicapped persons. The department shall seek the advice of and consult with the council on problems and policy changes affecting the visually handicapped in the department's jurisdiction, and the council may initiate consultations with the department. Notwithstanding any provision to the contrary, the council shall have access to files, records and statistics kept in the department which relate to matters concerning the visually handicapped.
Effective date note
NOTE: This section 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
115.37 Council on the education of the blind. The council on the education of the blind shall make recommendations as to procedures and policies affecting any problem of the visually handicapped before the department. The council shall advise on such services, activities, programs, investigations and researches as in its judgment will contribute to the welfare of visually handicapped persons. The state superintendent shall seek the advice of and consult with the council on problems and policy changes affecting the visually handicapped in the department's jurisdiction, and the council may initiate consultations with the department. Notwithstanding any provision to the contrary, the council shall have access to files, records and statistics kept in the department which relate to matters concerning the visually handicapped.
115.37 History
History: 1971 c. 292;
1995 a. 27 s.
9145 (1).
115.375
115.375
Environmental education board and grants. 115.375(1)(a)(a) The environmental education board shall consult with the department in identifying needs and establishing priorities for environmental education in public schools, including needs for teacher training, curriculum development and the development and dissemination of curriculum materials. The department shall seek the advice of the board in carrying out these activities.
Effective date note
NOTE: Par. (a) 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
(a) The environmental education board shall consult with the state superintendent in identifying needs and establishing priorities for environmental education in public schools, including needs for teacher training, curriculum development and the development and dissemination of curriculum materials. The state superintendent shall seek the advice of the board in carrying out these activities.
115.375(1)(b)
(b) The board shall consult with other state agencies, including the university of Wisconsin-extension, conservation and environmental groups, youth organizations and nature and environmental centers in identifying needs and establishing priorities for environmental education.
