119.16(3)(a)(a) The board shall construct, purchase, lease, improve or enlarge buildings and purchase furniture and sites for the public schools, shall purchase, install and maintain heating systems in public schools and may contract for carrying out any of these purposes.
119.16(3)(b)
(b) Except as provided in
par. (c), schoolhouses and the sites on which they are situated shall be the property of the city. No site may be purchased or leased and no schoolhouse may be constructed unless a resolution therefor is duly adopted by the board. Except as provided in
par. (c), deeds of conveyance and leases shall be made to the city.
119.16(3)(c)
(c) If the redevelopment authority of the city issues bonds under
s. 66.1333 (5r), the board may lease buildings or sites from the redevelopment authority or borrow money from the redevelopment authority for the purposes of
par. (a).
119.16(3m)(a)(a) By July 1, 2011, the board shall evaluate all school buildings in the school district operating under this chapter according to the criteria established under
par. (b), and shall develop a master plan governing the use, repair, renovation, and demolition of buildings in the school district.
119.16(3m)(b)
(b) The board shall establish criteria to evaluate the safety, structural integrity, utility, and costs of maintenance and repair of school buildings in the school district. Subject to the requirements under
sub. (10), the criteria shall include consideration of the advantages and disadvantages of repairing versus demolishing older buildings having high maintenance or operating costs.
119.16(4)
(4) Competitive bidding. The board shall establish competitive bidding policies and procedures for purchases and for construction contracts.
119.16(5)
(5) Special courses. Within budgetary limitations, the board shall establish in any public school, in grade 7 and higher, such classes of instruction consistent with the educational goals and objectives adopted by the board under
sub. (1) as are petitioned for by the parents of a number of pupils attending the school sufficient to form one or more classes of instruction. Petition by the parents of 30 or more pupils of like classification attending any such school requesting the establishment of instruction in a specified subject is prima facie evidence of the sufficiency of the number of pupils to commence instruction therein.
119.16(6)
(6) Custodians of school premises. The board shall fix the duties and responsibilities of principals, as custodians of the school premises, and of the school engineers. Each principal shall have general supervision of and shall be custodian of all school premises over which the principal presides.
119.16(8)(a)(a) Annually before adopting its budget for the ensuing school year and at least 5 days before transmitting its completed budget under
par. (b), the board shall hold a public hearing on the proposed school budget at a time and place fixed by the board. At least one week before the public hearing, the board shall publish a class 1 notice, under
ch. 985, of the public hearing.
119.16(8)(b)
(b) The board shall transmit its completed budget to the common council on or before the first Monday in August of each year on forms furnished by the auditing officer of the city. Such completed budget shall be published with the budget summary under
s. 65.04 (2) or
65.20 and budget under
s. 65.05 (7).
119.16(9)
(9) School budget. Annually, the board shall prepare a budget for each school in the school district operating under this chapter.
119.16(10)(a)(a) The board may not demolish any school facility that is 50 years old or older without the approval of the city historic preservation commission.
119.16(10)(b)
(b) The board may construct new school facilities only in the areas of greatest local need for such facilities.
119.16(11)
(11) Comprehensive programs. The board shall collaborate with nonprofit organizations and government agencies to provide pupils with comprehensive social services and educational support, which may include a program that offers comprehensive services that address the needs of children and youth from before the time they are born through postsecondary education.
119.16(12)
(12) Alternative routes to graduation. The board shall provide alternative methods of attaining a high school diploma for those pupils who are unlikely to graduate in the traditional manner, including a program allowing a pupil or former pupil to retake a course in which he or she was not initially successful.
119.16(13)
(13) Research consortium. If the board determines that sufficient state or federal aid or private funding is available for this purpose, the board shall participate in an educational research consortium, similar to the Consortium on Chicago School Research and the Boston Plan for Excellence, to provide research and policy recommendations, including recommendations addressing pupil literacy and academic achievement, to the department, the board, and the legislature. In addition, the research consortium shall make its recommendations publicly available.
119.16(14)
(14) Parent survey. Annually, the board shall conduct a survey of parents of pupils enrolled in the school district operating under this chapter and use the results of the survey to develop or modify parent involvement and school improvement plans, which may include school-based community resource centers, regularly scheduled public meetings, or parent education classes.
119.16 Annotation
One who deals with a municipality does so at his or her own risk and may be subject to any provisions of law that might prevent him or her from being paid by a municipality even though the services were rendered. Unless the power to bind the municipality financially has been specifically delegated, the only entity with the statutory authority to contract is the municipality. The statutes do not authorize anyone other than the board to enter into contracts. The board may delegate that authority, but it must do so clearly and specifically. For an MPS employee to have such power, it must be specifically delegated by the board to that employee or class of employees. Holzbauer v. Safway Steel Products, Inc.
2005 WI App 240,
288 Wis. 2d 250,
706 N.W.2d 36,
04-2058.
119.16 Annotation
The authority of school boards to contract for services and facilities for special needs students is discussed. 61 Atty. Gen. 203.
119.18(1g)(1g)
Generally. The board may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupils.
119.18(1r)
(1r) Rules. The board may adopt and modify or repeal rules for its own government and for the organization, discipline and management of the public schools which shall promote the good order and public usefulness of the public schools.
119.18(2)
(2) Distribution of printed proceedings. The board may determine the distribution of the printed proceedings of the board.
119.18(3)
(3) Transportation. The board may provide for the transportation of pupils to and from any school within the city.
119.18(4)
(4) Insurance. The board may provide for accident insurance covering pupils in the school district.
119.18(5)
(5) Textbooks for indigent pupils. The board may purchase textbooks for pupils whose parents, guardians or other persons having control or custody of such pupils are without means to furnish them with textbooks, if the indigency of such pupils have been investigated and certified by a welfare worker or attendance officer. The local governmental authority administering poor relief in the city shall reimburse the board for all expenditures by the board for such textbooks. Such textbooks shall be the property of the city and subject to the disposal of the board.
119.18(6)
(6) School calendar. The board may determine the school calendar and vacation periods for each school year for the regular day schools, summer schools, social centers, and playgrounds. The board may close any school or dismiss any class in the event of an emergency, fire or other casualty, quarantine, or epidemic.
119.18(7)
(7) School hours. The board may establish rules scheduling the hours of each school day during which the schools shall be in session. The board may differentiate between the various grades in scheduling such school hours.
119.18(8)
(8) Schools closed. The board may determine on which national, state and local legal holidays and for which educational conventions the public schools shall be closed. There shall be no deductions from the annual or monthly compensation of employees not rendering services on such days.
119.18(9)
(9) Enrollment under legal name. The board may require that any pupil attending public school shall be enrolled under the pupil's legal name.
119.18(10)(b)(b) Subject to
ss. 63.18 to
63.53 when applicable, the board may employ and determine the qualifications, duties and compensation of any persons as are required in the operation and management of the schools.
119.18(10)(c)
(c) The board may employ a staff to aid it in its duties. The board shall determine the compensation, duties and qualifications of its staff, including whether or not employment of such staff shall be subject to
ss. 63.18 to
63.53.
119.18(11)
(11) Bonded officers and employees. The board may require any officer or employee of the board to give security for the faithful performance of the officer's or employee's duties in such form and amount as the board determines, and may require at any time additional bonds and sureties of any officer or employee.
119.18(12)
(12) Employer contribution. The board may make as the employer agency the contributions to the city retirement system payable under
chapter 396, laws of 1937, in respect to its employees who are members of such system.
119.18(13)
(13) Exchange teachers. The board may make an agreement with the managing body of the schools in any city or school district in the United States or another country for the exchange of one of the board's teachers for a teacher of such other city or school district for a period not exceeding one school year. The board shall determine the qualifications and compensation of the teacher rendering service under the agreement in the schools under its jurisdiction, who shall be counted as a regular teacher in the city in the computation of state and county school aids. The agreement shall state:
119.18(13)(a)
(a) The manner and by whom the salaries of such exchange teachers shall be paid.
119.18(13)(b)
(b) That any teacher regularly employed by the board under this chapter shall receive credit for the year of exchange teaching service in the computation of any benefits to which the teacher is entitled under
ch. 40 and the manner in which the monthly reservations shall be paid under that subchapter.
119.18(13)(c)
(c) Such other provisions as the board and the other managing body deem appropriate.
119.18(14)
(14) Sales and charges. The board may establish and maintain, in any of the schools or playgrounds under its jurisdiction, cafeterias and stores for the sale of schoolbooks, candies, refreshments and supplies. The board also may charge or permit the making of a charge for admission to any school, social center or athletic entertainment or activity, under such terms and conditions as the board prescribes.
119.18(15)
(15) Lease school property. In addition to any other authority, the board may lease school sites, buildings and equipment not needed for school purposes to any person for any lawful use at a reasonable rental for a term not exceeding 15 years.
119.18(16)(a)(a) In this subsection, "community foundation" means a charitable organization, described in section
501 (c) (3) of the Internal Revenue Code and exempt from federal income tax under section
501 (a) of the Internal Revenue Code, dedicated to encouraging and assisting charitable activities and enterprises in a designated community in this state and having expertise in finance, fund development, and grantmaking.
119.18(16)(b)
(b) The board may receive, accept, and use gifts or grants of furniture, books, equipment, supplies, moneys, securities, or other property used or useful for school and educational purposes. The board shall make such use of gifts or grants, or invest the same in the case of moneys, as the donor or grantor specifies. In the absence of any specific direction as to the use of such gifts or grants by a donor or grantor, the board may determine the use of or may invest the same in accordance with the law applicable to trust investments, or may, subject to
par. (c), transfer any such gift or grant to a community foundation. In the use, control, or investment of such gifts or grants, the board may exercise the rights and powers generally conferred upon trustees.
119.18(16)(c)
(c) The board may transfer a gift or grant to a community foundation only if the board and the community foundation agree, in writing and at the time of the transfer of the gift or grant, to each of the following:
119.18(16)(c)1.
1. The community foundation agrees to make disbursements from and of the gift or grant to the board upon the written request of the board.
119.18(16)(c)2.
2. Subject to
subd. 2m., the board retains control over the manner in which any disbursement made under
subd. 1. is used.
119.18(16)(c)2m.
2m. The school board's use of any disbursement made under
subd. 1. shall be consistent with the intent of the donor of the gift, bequest, or endowment and with the agreement between the school board and the community foundation.
119.18(16)(c)3.
3. The board exercises its rights over the use of each disbursement made under
subd. 1. in accordance with the law applicable to trust investments.
119.18(17)
(17) Purchases from house of correction. The board may purchase for use in the schools, from any county in which the city is located, furniture, furnishings and equipment manufactured in any house of correction under
s. 303.16 (1). The board may waive the furnishing by the county or institution of bid bonds and performance bonds otherwise required by the statutes in connection with any such purchase.
119.18(18)
(18) Copyright materials. The board may copyright under the applicable federal laws any book, pamphlet, bulletin or record form edited and published by or under the direction of the board.
119.18(19)
(19) Fences. The board may construct around any schoolhouse or playground site a fence of materials and design approved by the board.
119.18(20)
(20) Diplomas. The board may grant diplomas in testimony of the completion of high school or special education requirements, including the requirements of special schools established under
s. 119.28.
119.18(21)
(21) Rules on conduct and dress. The board may establish rules pertaining to conduct and dress of pupils in order to maintain good decorum and a favorable academic atmosphere.
119.18(22)
(22) Records custodian. On behalf of any school district authority as defined in
s. 19.32 (1), including the board, school district officers and any subunit of the board or school district, designate one or more persons to be legal custodians of records.
119.18(23)
(23) School closings. The board may close any school that it determines is low in performance by adopting a resolution to that effect. If the superintendent of schools recommends to the board that a school be closed, he or she shall state the reasons for the recommendation in writing. If the board closes a school, the superintendent of schools may reassign the school's staff members without regard to seniority in service. If the board reopens the school, the superintendent of schools may reassign staff members to the school without regard to seniority in service.
119.19
119.19
Released time for religious instruction. 119.19(1)
(1) The board may permit a pupil, with the written permission of the pupil's parent or guardian, to be absent from school for up to 180 minutes per week to obtain religious instruction outside the school during the required school period. The board shall determine periods allotted for the pupil to be absent from school for the purpose of religious instruction. Monthly, the supervisor of the religious instruction shall report the names of the pupils who attended such weekly religious instruction to the principal of the school that the pupil regularly attends. The board may withdraw permission to be absent from school if a pupil does not attend the religious instruction.
119.19(2)
(2) The board is not responsible for transporting a pupil to or from religious instruction under
sub. (1).
119.19(3)
(3) The board is released from all liability for a pupil who is absent from school under
sub. (1).
119.19 History
History: 1989 a. 267.
119.22
119.22
Sex discrimination in physical education or physical training prohibited. Except as provided in
s. 120.13 (37m), courses in physical education or physical training may not discriminate on the basis of sex in the provision of necessary facilities, equipment, instruction or financial support, or the opportunity to participate in any physical education or training activity as provided in
20 USC 1681 et seq.
119.23
119.23
Milwaukee parental choice program. 119.23(1)(ae)
(ae) "Administrator" means the superintendent, supervising principal, executive director, or other person who acts as the administrative head of a private school participating in the program under this section.
119.23(1)(ag)
(ag) "Disqualified person" means a person who, when a private school was barred or terminated from participation in the program under this section by an order issued under
sub. (10), satisfied at least one of the following:
119.23(1)(ag)1.
1. Had a controlling ownership interest in, or was the administrator or an officer, director, or trustee of, the private school.
119.23(1)(ag)2.
2. Was a person designated by the administrator of the private school to assist in processing pupil applications.
119.23(1)(ag)3.
3. Was responsible for an action or circumstance that led to the private school being barred or terminated from participation in the program under this section.
119.23(1)(am)
(am) "Preaccreditation" means the review and approval of an educational plan. Review of an education plan includes consideration of whether the school submitting the plan meets the requirements under
s. 118.165 (1). The fact that a private school has obtained preaccreditation does not require an accreditation organization to accredit the private school.
119.23(1)(c)
(c) "Summer choice average daily membership equivalent" means the summer average daily membership equivalent of pupils who were attending a private school under this section on the 2nd Friday of January of the school term immediately preceding that summer or whose applications have been accepted under
sub. (3) for attendance at the private school in the school term immediately following that summer.
119.23(1)(d)
(d) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.
119.23(2)(a)(a) Any pupil in grades kindergarten to 12 who resides within the city may attend any private school if all of the following apply:
119.23(2)(a)1.a.a. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and
sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be verified as provided in
subd. 1. b. A pupil attending a private school under this section whose family income increases, including a pupil who attended a private school under this section in the 2010-11 school year and whose family income has increased, may continue to attend a private school under this section.
119.23 Note
NOTE: Subd. 1. a. is shown as affected by 2 sections of
2011 Wis. Act 47 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
119.23(2)(a)1.b.
b. The private school submits to the department of public instruction the names, addresses, social security numbers, and other state and federal tax identification numbers, if any, of the pupil's parents or legal guardians that reside in the same household as the pupil, whether and to whom the parents or legal guardians are married, the names of all of the other members of the pupil's family residing in the same household as the pupil, and the school year for which family income is being verified under this
subd. 1. b. The department of revenue shall review the information submitted under this
subd. 1. b. and shall verify the eligibility or ineligibility of the pupil to participate in the program under this section on the basis of family income. In this subdivision, "family income" means federal adjusted gross income of the parents or legal guardians residing in the same household as the pupil for the tax year preceding the school year for which family income is being verified under this
subd. 1. b. or, if not available, for the tax year preceding the tax year preceding the school year for which family income is being verified under this
subd. 1. b. Family income for a family in which the pupil's parents are married or in which the pupil's legal guardians are married shall be reduced by $7,000 before the verification is made under this
subd. 1. b. The department of revenue may take no other action on the basis of the information submitted under this
subd. 1. b. If the department of revenue is unable to verify family income or to verify whether the pupil is eligible or ineligible to participate in the program under this section on the basis of family income, the department of revenue shall notify the department of public instruction of this fact and the department of public instruction shall utilize an alternative process, to be established by the department of public instruction, to determine whether the pupil is eligible to participate in the program under this section on the basis of family income. The department of public instruction may not request any additional verification of income from the family of a pupil once the department of revenue has verified that the pupil is eligible to participate in the program under this section on the basis of family income. The department of public instruction shall establish a procedure for determining family income eligibility for those pupils for whom no social security number or state or federal tax identification number has been provided.
119.23(2)(a)3.
3. Except as provided in
subd. 3m. b., the private school notified the state superintendent of its intent to participate in the program under this section, and paid a nonrefundable fee set by the department, by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space. The department shall by rule set the fee charged under this subdivision at an amount such that the total fee revenue covers the costs of employing one full-time auditor to evaluate the financial information submitted by private schools under
sub. (7) (am) and
(d) 2. and
3. and under
s. 118.60 (7) (am) and
(d) 2. and
3.
