38.12(5m)
(5m) Annual budget. The district board shall prepare its annual budget in compliance with rules promulgated by the board under
s. 38.04 (11) (a). The district board shall submit an approved copy of its budget to the board by July 1 of each year and shall report any subsequent budget modification to the board within 30 days of approval of the modification by the district board.
38.12(6)
(6) Transportation planning. The district board shall work with the regional planning commissions and the local authorities of the community in which the district school is located to evaluate the transportation needs of the district school population. The district board shall develop a transportation plan for the district school to effect energy resource conservation and efficient use of transportation resources. The plan shall include pedestrian walkways, bikeways, bike routes, bicycle storage racks, car and van pools, and to the extent feasible, improved mass transit services. The transportation plans shall detail parking management strategies and parking fee policies which provide incentives for the use of mass transit and high occupancy vehicles.
38.12(7)
(7) District policies. The district boards shall establish specific written policies on district matters, including all of the matters enumerated under
s. 38.04 (14), which are consistent with the rules promulgated under
s. 38.04 (14). The policies may not conflict with any collective bargaining agreement and are subject to review and approval by the board.
38.12(8)
(8) Cooperation with other state agencies. 38.12(8)(a)(a) The district boards shall actively coordinate, with the department of education and the school boards, the responsibility for providing vocational training to pupils attending high school and for providing education to persons who have dropped out of high school.
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 district boards shall actively coordinate, with the department of public instruction and the school boards, the responsibility for providing vocational training to pupils attending high school and for providing education to persons who have dropped out of high school.
38.12(8)(b)
(b) The district boards shall actively coordinate, with the institutions and centers within the university of Wisconsin system, the sharing of programs and facilities, including the collegiate transfer program, adult education and evening courses and part-time student and associate degree programs, in order to reduce the duplication of such programs and facilities.
38.12(8)(c)
(c) Annually by July 1, the district board shall report to the school boards of every school district located in whole or in part within the boundaries of the district on the steps the district board has taken in the previous year to satisfy its responsibility under
par. (a).
38.12(9)
(9) Fire fighter training programs. The district board shall make available to members of volunteer and paid fire departments maintained by cities, villages and towns located in the district a fire fighter training program approved by the board and funded under
s. 20.292 (1) (gr). No district board may charge a fee for training provided under this subsection.
38.12(10)
(10) Controlled substances and controlled substance analogs; discipline. Each district board shall adopt rules providing nonacademic misconduct disciplinary sanctions for any student who engages in an activity, on district premises or at a district-sponsored event, that constitutes a violation of
ch. 961. In determining the appropriate sanction, the district board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a school environment free from controlled substances, as defined in
s. 961.01 (4), and controlled substance analogs, as defined in
s. 961.01 (4m).
38.12(11)
(11) Orientation program; information on sexual assault and sexual harassment. The district board shall:
38.12(11)(a)
(a) Incorporate in its orientation program for newly entering students oral and written information on sexual assault and sexual harassment, as defined in
s. 111.32 (13), including information on sexual assault by acquaintances of the victims and on all of the following:
38.12(11)(a)2.
2. Generally available national and state statistics on sexual assaults and on sexual assaults by acquaintances of the victims.
38.12(11)(a)3.
3. The rights of victims under
ch. 950 and the services available at the district school and in the community to assist a student who is the victim of sexual assault or sexual harassment.
38.12(11)(a)4.
4. Protective behaviors, including methods of recognizing and avoiding sexual assault and sexual harassment and locations in the community where courses on protective behaviors are provided.
38.12(11)(b)
(b) Annually supply all students enrolled in the district printed material that includes all of the information under
par. (a).
38.12(11)(c)
(c) Annually, submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3). The report shall indicate the methods the district board used to comply with
pars. (a) and
(b).
38.125
38.125
Public broadcasting stations. If the district board governing the Milwaukee area technical college determines to relinquish its public broadcasting licenses, it shall offer to assign the licenses to the educational communications board, subject to approval of the federal communications commission.
38.125 History
History: 1985 a. 29;
1987 a. 399.
38.14
38.14
District board powers. 38.14(1)
(1)
Legal proceedings. The district board may sue and be sued in the name of the district and may prosecute or defend all suits brought by or against the district.
38.14(2)(a)(a) For the use of the district schools, the district board may:
38.14(2)(a)1.
1. Purchase or lease materials, supplies and equipment.
38.14(2)(a)2.
2. Purchase or lease suitable land and buildings and rent to others any portion of such land and buildings not needed for school purposes.
38.14(2)(a)3.
3. Construct, enlarge and improve buildings. Existing school buildings and equipment shall be used as far as practicable.
38.14(2)(b)
(b) If there is a county teachers college in the district which is no longer in operation, the district board shall utilize the existing buildings and equipment of the college to the extent possible.
38.14(2)(bm)
(bm) With the approval of the director under
s. 38.04 (2), the district board may sell any property which it finds to be no longer needed by the district.
38.14(2)(c)
(c) All conveyances, leases and contracts under this subsection shall be in the name of the district.
38.14(2)(d)1.
1. Lease facilities to others for school purposes. The district board may not enter into a lease under this subdivision after June 30, 1991.
38.14(2)(d)2.
2. Lease land to others for the construction of a building for school purposes if any future acquisition of the building by the district board will not expose the district board to an expenditure exceeding $500,000, excluding moneys received from gifts, grants or federal funds. The district board may not enter into a lease under this subdivision after June 30, 1991.
38.14(3)(a)(a) The district board may enter into contracts to provide educational services to public and private educational institutions, federal and state agencies, local governmental bodies, industries and businesses.
38.14(3)(b)
(b) The district board may enter into contracts with local community-based organizations for basic skills instruction.
38.14(3)(bm)
(bm) The district board may enter into contracts to provide fiscal and management services to public and private educational institutions, federal and state agencies and local governmental units.
38.14(3)(c)
(c) A district board may contract with a foreign government or any business which is not operating in this state, if a district board demonstrates that the district will receive a direct and measurable benefit from the contract and that the contract will not result in a reduction in the quality of education at district schools and if all of the following conditions are met:
38.14(3)(c)1.
1. The contract meets all of the requirements for a district board contract under this subsection.
38.14(3)(c)2.
2. The contract provides for full cost recovery so that no direct or indirect costs under the contract will be funded by the district.
38.14(3)(c)3.
3. The district board reviews all cost allocation and record-keeping systems for all services provided under the contract, which shall be subject to audit by the district board, and provides guidelines which conform with the requirements of this paragraph.
38.14(3)(c)4.
4. The district board agrees to conduct an audit, on at least an annual basis, to determine that no state aids or district tax funds are spent in the execution of the contract.
38.14(3)(d)
(d) No district employe may receive compensation from a contract under
par. (c) in excess of the compensation that he or she receives as compensation as a district employe, and any compensation that a district employe receives from a contract under
par. (c) shall be paid in proportion to the percentage of an employe's workload that represents the amount of time that an employe is assigned to work under a contract.
38.14(3)(e)
(e) The district board shall establish and file with the board policies governing contracting under this subsection. By December 1, 1990, and annually by December 1 thereafter, the district board shall submit to the board, in a form determined by the board, a report identifying all contracts under which the district board provided services under this subsection in the preceding fiscal year, and any other information requested by the board.
38.14(4)
(4) Gifts and grants. The district board may accept gifts, grants and bequests to be used in the execution of its functions and may accept grants to provide fiscal and management services for the office of justice assistance in the department of administration or its subsidiaries or, if applicable, its successor agency.
38.14(5)
(5) Advisory committees. The district board may establish advisory committees representing every occupation in the district. Each advisory committee shall consist of equal numbers of employers and employes selected by the district board from recommendations submitted by representative organizations and associations of each occupation. The district board and the district director may request the advice and assistance of these advisory committees in selecting, purchasing and installing equipment, in preparing course materials, in developing instructional methods and vocational guidance programs and for such other purposes as the district board desires.
38.14(6)
(6) Transportation. The district board may provide transportation for students within the district, but no state aid may be paid for this service.
38.14(7)
(7) Sale of articles. The district board may sell at market value articles manufactured in district schools. The proceeds from such sales shall be paid to the district treasurer.
38.14(9)
(9) Activity, incidental and vocational-adult seminar and workshop fees. The district board may establish student activity and incidental fees to fund, in whole or in part, the cost of services and activities offered as support services for regular instruction. With the approval of the state director, the district board may establish fees for vocational-adult seminars and workshops, not to exceed the full cost of the seminar or workshop less the fee charged under
s. 38.24 (1m).
38.14(10)
(10) Bonds for officers and employes. The district board may require an officer or employe of the district board to give security for the faithful performance of his or her duties in such form and amount as the district board determines, and may require at any time additional bonds and sureties of any officer or employe.
38.14(11)
(11) Displaced homemakers' program. The district board may apply for and spend grant funds from the board for displaced homemakers' programs. The district board may spend those grant funds for contracts with local community organizations.
38.14(12)
(12) Integrated service programs for children with severe disabilities. If the county board of supervisors establishes an integrated service program for children with severe disabilities under
s. 59.53 (7), the district board may participate in an integrated service program for children with severe disabilities under
s. 59.53 (7) and may enter into written interagency agreements or contracts under the program.
38.14(13)
(13) Parking regulations and fees. The district board may adopt resolutions regulating the parking of motor vehicles on property under its jurisdiction. The resolutions may establish a fee for the parking of motor vehicles by students, faculty, staff and visitors and fines for the violation of any parking regulation. Nothing in this subsection requires that all users of the parking facilities be charged a parking fee.
38.14 Annotation
The Milwaukee technical college may acquire and operate a retail service station as a part of a vocational training program. 58 Atty. Gen. 23.
38.14 Annotation
See note to art. VIII, sec. 10, citing 60 Atty. Gen. 231.
38.14 Annotation
VTAE districts and the state board of vocational, technical and adult education do not have the power of eminent domain and, therefore, are not subject to 32.19 to 32.27, the relocation act. 63 Atty. Gen. 367.
38.14 Annotation
VTAE board may subsidize public bus line to provide transportation under (6). 65 Atty. Gen. 305.
38.145
38.145
Responsibilities of students. The students of each district, subject to the responsibilities and powers of the board, the state director, the district board, the district director and the faculty, shall be active participants in the immediate governance of and policy development for the district and may participate in all matters affecting student interests to the extent not in conflict with the terms of any collective bargaining agreement. As such, students have primary responsibility for the formulation and review of policies concerning student life and services. Students in consultation with the district director and subject to the final confirmation of the district board have the responsibility for the disposition of student activity and incidental fees under
s. 38.14 (9). The students of each district may organize themselves in a manner that they determine and select their representatives to participate in district governance. This section does not prohibit the board, the state director, the district board, the district director or the faculty from selecting students to participate in district governance but any students selected by those bodies or persons shall not be considered to be representatives of the students for the purposes of the students' right to select their representatives to participate in district governance.
38.145 History
History: 1993 a. 101.
38.15
38.15
Financing of capital expenditures. 38.15(1)
(1) Subject to
sub. (3), if the district board intends to make a capital expenditure in excess of $500,000, excluding moneys received from gifts, grants or federal funds, for the acquisition of sites, purchase or construction of buildings, the lease/purchase of buildings if costs exceed $500,000 for the lifetime of the lease, building additions or enlargements or the purchase of fixed equipment relating to any such activity, it shall adopt a resolution stating its intention to do so and identifying the anticipated source of revenue for each project and shall submit the resolution to the electors of the district for approval. The referendum shall be noticed, called and conducted as provided in
s. 67.05 (3) insofar as applicable. For the purposes of this section, all projects located on a single campus site within one district which are bid concurrently or which are approved by the board under
s. 38.04 (10) within a 2-year period shall be considered as one capital expenditure project.
38.15(2)
(2) No more than $500,000 in reserve funds, consisting of property tax revenues and investment earnings on those revenues, may be utilized by the district board to finance capital expenditures in excess of $500,000 for the purposes under
sub. (1).
38.15(3)
(3) This section applies to building program actions approved by the board after January 31, 1980. This section does not apply to building remodeling or improvement projects.
38.15(5)
(5) This section does not apply to the acquisition of a building as a result of a lease under
s. 38.14 (2) (d) 2. if the district makes no cash expenditure to acquire the building.
38.15(6)
(6) For a building acquired as a result of a lease under
s. 38.14 (2) (d) 2., the purchase price is a capital expenditure under
sub. (1) in the fiscal year commencing on the 2nd July 1 following the acquisition of the building.
38.15 Annotation
This section requires approval by referendum of general building plan and source of funding, not specific project proposal which is definite as to cost, location and campus configuration. Ball v. District No. 4, Area Board, 117 W (2d) 529, 345 NW (2d) 389 (1984).
38.16
38.16
District tax levy. 38.16(1)(1) Annually by October 31, or within 10 days after receipt of the equalized valuations from the department of revenue, whichever is later, the district board may levy a tax, not exceeding 1.5 mills on the full value of the taxable property of the district, for the purpose of making capital improvements, acquiring equipment and operating and maintaining the schools of the district, except that the mill limitation is not applicable to taxes levied for the purpose of paying principal and interest on valid bonds or notes now or hereafter outstanding as provided in
s. 67.035. The district board secretary shall file with the clerk of each city, village and town, any part of which is located in the district, a certified statement showing the amount of the levy and the proportionate amount of the tax to be spread upon the tax rolls for collection in each city, village and town. Such proportion shall be ascertained on the basis of the ratio of full value of the taxable property of that part of the city, village or town located in the district to the full value of all taxable property in the district, as certified to the district board secretary by the department of revenue. Upon receipt of the certified statement from the district board secretary, the clerk of each city, village and town shall spread the amounts thereof upon the tax rolls for collection. When the taxes are collected, such amounts shall be paid by the treasurer of each city, village and town to the district board treasurer.
38.16(2)
(2) The district board may borrow money and levy taxes to be used for the purchase or construction of buildings and for additions, enlargements and improvements to buildings and for the acquisition of sites and equipment. In financing activities under this subsection, the district may issue its bonds or promissory notes under
ch. 67 to pay the cost thereof.
38.16 Annotation
This section is constitutional. West Milwaukee v. Area Bd. Vocational, T. & A. Ed. 51 W (2d) 356, 187 NW (2d) 387.
38.18
38.18
Contracts and bidding. All contracts made by a district board for public construction in a district, the estimated cost of which exceeds $10,000, shall be let by the district board to the lowest responsible bidder in accordance with
s. 62.15 (1) to
(11) and
(14). For purposes of this section, the district board shall possess the powers conferred by
s. 62.15 on the board of public works and the common council. All contracts made under this section shall be made in the name of the district and shall be executed by the district board chairperson and district board secretary.
38.20
38.20
Adjustment of assets and liabilities. 38.20(1)
(1) Except as provided in
sub. (2), upon the creation of a district the property, assets, claims, contracts, obligations, rights, duties and liabilities relating and pertaining to the existing technical colleges in the territory included in the district shall become the property, assets, claims, contracts, obligations, rights, duties and liabilities of the district.
38.20(2)(a)(a) Upon the creation of a district the property, assets, claims, contracts, obligations, rights, duties and liabilities relating and pertaining to the existing technical college operated in a city, village or town located in the territory included in the district shall remain the property, assets, claims, contracts, obligations, rights, duties and liabilities of such city, village or town, unless the governing body of such city, village or town transfers the whole or any portion thereof to the district under an agreement between such city, village or town and the district as to the use, obligation and ownership thereof.
38.20(2)(b)
(b) The purchase price of such property, except as otherwise agreed upon under
par. (a), shall be the fair market value as determined by an independent appraiser selected jointly by the governing body of the city or village and the district board, less any outstanding obligations against the property which shall be assumed by the district.
38.20(2)(c)
(c) In financing the purchase of property transferred to the district under this subsection, the district may issue its bonds or promissory notes under
ch. 67 to pay the cost thereof including assumption of outstanding obligations.
38.20(2)(d)
(d) The city or village shall deposit the proceeds of the sale of technical college property in the debt service fund, if any, created for payment of existing technical college obligations. The indebtedness of such city or village shall, for purposes of computing its legal debt limit, be deemed reduced by the amount of such deposit. The city or village may invest these debt service fund moneys under
s. 66.04 (2) or
67.11 (2) and
(3). Bonds and notes issued by districts for purposes of this subsection shall not be subject to referendum. The purchase agreement shall include an irrevocable clause providing that the district shall pay annually to the city or village a sum of money equal to the amount in which the interest received by the city or village upon investments authorized hereunder is less than the amount of interest paid by the city or village on the bonds of the city or village for technical college purposes.
38.20(2)(e)
(e) The district purchasing property under this subsection may, with approval of the city council or village board involved, pay the purchase price by issuing and delivering directly to the city or village the general obligation promissory notes or the notes of the district under
s. 67.12 (12), except that no referendum may be held and the 10-year limitation on such notes shall be inapplicable to such notes issued under this paragraph. Such notes shall mature and be payable at such times, in such amounts and at such rate of interest as will amortize and pay when due the principal and interest on the outstanding obligations of the city or village for technical college purposes. All such notes, upon execution and delivery to the city or village, shall in all respects be held and considered as an authorized investment under
s. 66.04 (2) or
67.11 (2) and
(3) of the debt service fund created for payment of the city or village obligations issued for technical college purposes and shall be offset against city or village indebtedness in computing legal debt limit to the same extent as other authorized investments of the debt service fund and such notes may be sold and hypothecated. If the offset against city or village indebtedness under this paragraph is determined to be invalid in any respect, such city or village immediately may require the district issuing the promissory notes to such city or village to comply with
pars. (c) and
(d) to the extent necessary to cure such invalidity.
38.22
38.22
Admission requirements. 38.22(1)
(1) Except as provided in
subs. (1m) and
(1s) and
s. 118.37, every person who is at least the age specified in
s. 118.15 (1) (b) is eligible to attend the schools of a district if the person is:
