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.
115.361 History History: 1989 a. 122 ss. 53c to 53e; 1991 a. 39, 269 s. 614g; 1993 a. 16, 98; 1995 a. 27 ss. 3874, 9145 (1).
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) (2)
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) (4)
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.
115.365 History History: 1985 a. 29, 176; 1987 a. 403; 1995 a. 27 s. 9126 (19).
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.
115.368 History History: 1985 a. 213; 1985 a. 332 ss. 153, 253; 1995 a. 27 s. 9126 (19).
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)(1)
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.
115.375(2) (2)
115.375(2)(a)(a) In this subsection:
115.375(2)(a)1. 1. "Corporation" means a nonstock, nonprofit corporation organized under ch. 181.
115.375(2)(a)1m. 1m. "Lake sanitary district" has the meaning given in s. 30.50 (4q).
115.375(2)(a)2. 2. "Public agency" means a county, city, village, town, public inland lake protection and rehabilitation district, lake sanitary district or school district or an agency of this state or of a county, city, village, town, public inland lake protection and rehabilitation district, lake sanitary district or school district.
115.375(2)(b) (b) From the appropriations under s. 20.255 (1) (jr) and (2) (ee) and (ra), the board shall award grants to corporations and public agencies for the development, dissemination and presentation of environmental education programs. Programs shall be funded on an 18-month basis. The board may not award a grant unless the grant recipient matches at least 25% of the amount of the grant. Private funds and in-kind contributions may be applied to meet the matching requirement. Grants under this paragraph may not be used to replace funding available from other sources.
115.375(2)(c) (c) The board shall promulgate rules establishing the criteria and procedures for the awarding of grants for programs and projects under par. (b). The board shall use the priorities established under sub. (1) for awarding grants if the amount in the appropriations under s. 20.255 (1) (jr) and (2) (ee) and (ra) in any fiscal year is insufficient to fund all applications under this subsection. The department shall assist the board in administering this section.
115.375(2)(d) (d) The board shall seek private funds for the purpose of the grants under this subsection.
115.375(2)(e) (e) No more than one-third of the total amount awarded in grants under par. (b) in any fiscal year may be awarded to state agencies.
115.375 History History: 1989 a. 299; 1991 a. 39; 1993 a. 16, 458; 1995 a. 27 ss. 3878m to 3880 and 9145 (1); 1995 a. 349.
115.38 115.38 School performance report; educational program review.
115.38(1)(1) The department shall develop a school and school district performance report for use by school districts under sub. (2). The report shall include all of the following by school and by school district:
Effective date note NOTE: Sub. (1) (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 (1) The state superintendent shall develop a school and school district performance report for use by school districts under sub. (2). The report shall include all of the following by school and by school district:
115.38(1)(a) (a) Indicators of academic achievement, including the performance of pupils on the tests administered under s. 121.02 (1) (r) and statewide assessment examinations.
115.38(1)(b) (b) Other indicators of school and school district performance, including dropout, attendance, retention in grade and graduation rates; numbers of suspensions and expulsions; percentage of habitual truants, as defined in s. 118.16 (1) (a); percentage of pupils participating in extracurricular and community activities and advanced placement courses; percentage of graduates enrolled in postsecondary educational programs; and percentage of graduates entering the workforce.
115.38(1)(c) (c) Staffing and financial data information, as determined by the department, not to exceed 10 items. The department may not request a school board to provide information solely for the purpose of including the information in the report under this paragraph.
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) Staffing and financial data information, as determined by the state superintendent, not to exceed 10 items. The state superintendent may not request a school board to provide information solely for the purpose of including the information in the report under this paragraph.
115.38(2) (2) By January 1, 1993, and annually thereafter by January 1, each school board shall distribute to the parent or guardian of each pupil enrolled in the school district, including pupils enrolled in charter schools located in the school district, or give to each pupil to bring home to his or her parent or guardian, a school and school district performance report that includes the information specified by the department under sub. (1).
Effective date note NOTE: Sub. (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) By January 1, 1993, and annually thereafter by January 1, each school board shall distribute to the parent or guardian of each pupil enrolled in the school district, including pupils enrolled in charter schools located in the school district, or give to each pupil to bring home to his or her parent or guardian, a school and school district performance report that includes the information specified by the state superintendent under sub. (1).
115.38(3) (3) Annually, the department shall publish and distribute to the legislature under s. 13.172 (2) a summary of the reports under sub. (2).
Effective date note NOTE: Sub. (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, the state superintendent shall publish and distribute to the legislature under s. 13.172 (2) a summary of the reports under sub. (2).
115.38(4) (4) Beginning in the 1993-94 school year and annually thereafter, the department shall identify those school districts that are low in performance and those schools in which there are pupils enrolled who do not meet the state minimum performance standards on the examinations administered under s. 118.30. The department shall make recommendations regarding how the programs and operations of the identified school districts and schools may be improved and periodically assess school district implementation of the recommendations.
Effective date note NOTE: Sub. (4) 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) Beginning in the 1993-94 school year and annually thereafter, the state superintendent shall identify those school districts that are low in performance and those schools in which there are pupils enrolled who do not meet the state minimum performance standards on the examinations administered under s. 118.30. The state superintendent shall make recommendations regarding how the programs and operations of the identified school districts and schools may be improved and periodically assess school district implementation of the recommendations.
115.38 History History: 1991 a. 39, 269; 1993 a. 16; 1995 a. 27 s. 9145 (1).
115.39 115.39 Administrative leadership academy. The department may establish and maintain an administrative leadership academy to enhance the knowledge and skills of mid-career school district administrators and principals. The department shall establish and charge a fee for participation in the administrative leadership academy. The moneys from the fee payments shall be credited to the appropriation under s. 20.255 (1) (hf).
115.39 History History: 1987 a. 27.
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