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:
115.001 Note
(2) Department. "Department" means the department of public instruction.
115.001(3)
(3) Energy emergency. "Energy emergency" means a period of disruption of energy supplies which poses a serious risk to the economic well-being, health or welfare of the citizens of this state, as certified by executive order of the governor.
115.001(3g)
(3g) Home-based private educational program. "Home-based private educational program" means a program of educational instruction provided to a child by the child's parent or guardian or by a person designated by the parent or guardian. An instructional program provided to more than one family unit does not constitute a home-based private educational program.
115.001(3r)
(3r) Private school. "Private school" means an institution with a private educational program that meets all of the criteria under
s. 118.165 (1) or is determined to be a private school by the department under
s. 118.167.
Effective date note
NOTE: Sub. (3r) 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
(3r) Private school. "Private school" means an institution with a private educational program that meets all of the criteria under s. 118.165 (1) or is determined to be a private school by the state superintendent under s. 118.167.
115.001(7)
(7) School board. "School board" means the school board or board of school directors in charge of the schools of a school district.
115.001(8)
(8) School district administrator. "School district administrator" means the school district superintendent, supervising principal or other person who acts as the administrative head of a school district.
115.001(10)
(10) School district clerk. "School district clerk" means the school district clerk of a 3-member school board elected by the electors in a common or union high school district, the school district clerk elected by the school board in a unified, common or union high school district having a school board of more than 3 members and the clerk designated by the school board in a 1st class city school district.
115.001(11)
(11) School nurse. "School nurse" means a registered nurse licensed under
ch. 441 who is also certified by the department as being qualified to perform professional nursing services in a public school.
115.001(12)
(12) School term. "School term" means the time commencing with the first school day and ending with the last school day that the schools of a school district are in operation for attendance of pupils in a school year, other than for the operation of summer classes.
115.001(13)
(13) School year. "School year" means the time commencing with July 1 and ending with the next succeeding June 30.
115.001(13m)
(13m) Secretary. "Secretary" means the secretary of education.
Effective date note
NOTE: Sub. (13m) is created 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.
115.001(14)
(14) Session. "Session" means the time during a school term that the schools of a school district are operated for the attendance of pupils.
115.01(1)
(1) Public schools. Public schools are the elementary and high schools supported by public taxation.
115.01(2)
(2) Grades. The educational work of the public schools is divided into 12 grades, besides kindergarten, which are numbered from one to 12 beginning with the lowest. The first 8 grades are the elementary grades. Where reference is made to "elementary grades", the reference includes kindergarten, where applicable. Where reference is made to "kindergarten", the reference includes both 4-year-old and 5-year-old kindergarten, except as otherwise specifically provided. The last 4 grades are the high school grades. A middle school is a school in which grades 5 to 8 are taught. A junior high school is a school in which grades 7 to 9 are taught. A senior high school is a school in which grades 10 to 12 are taught. This classification is not a limitation of the character of work or the studies that may be carried on in either the elementary or the high schools.
115.01(3)
(3) School districts. The school district is the territorial unit for school administration. School districts are classified as common, union high, unified and 1st class city school districts. A joint school district is one the territory of which is not wholly in one municipality.
115.01(5)(a)1.
1. Each school district shall be known by the designation "School District of" followed by the name of the municipalities in which any high schools operated by the district lie.
115.01(5)(a)2.
2. A school district which does not operate a high school shall be known by number and by the name of the municipalities in which it lies.
115.01(5)(b)
(b) A school board may by resolution designate a different name for the school district if the revised name contains the words "school district".
115.01(10)(a)(a) School days are days on which school is actually taught and the following days on which school is not taught:
115.01(10)(a)1.
1. Days on which school is closed by order of the school district administrator because of inclement weather and days on which parent-teacher conferences are held, not to exceed 5 days during the school term.
115.01(10)(b)
(b) Not to exceed 5 Saturdays may be counted as school days in any school year when school is taught thereon with the consent of the school board.
115.01(12)
(12) Distance. The distance between home and school shall be measured from building to building along the usually traveled route.
115.01(13)(a)(a) Whenever an action may be taken by a percentage of electors in an area, that percentage shall be based on the number of electors who voted for governor at the last general election in that area.
115.01(13)(b)
(b) If the area does not coincide with a municipality or part thereof for which election statistics are kept, the number of electors shall be determined as follows:
115.01(13)(b)1.
1. The area of the school district in square miles shall be divided by the area of the municipality in square miles in which it lies.
115.01(13)(b)2.
2. The vote for governor at the last general election in the municipality within which the school district lies shall be multiplied by the quotient determined under
subd. 1. to determine the required number of electors.
115.01(13)(c)
(c) If a school district is in more than one municipality, the method of determination under
par. (b) shall be used for each part of the school district which constitutes only a fractional part of any area for which election statistics are kept.
115.01 Annotation
See note to 111.70, citing Bd. of Education v. WERC, 52 W (2d) 625, 191 NW (2d) 242.
DEPARTMENT OF EDUCATION
Effective date note
NOTE: Subchapter II (title) 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:
Subch. II of ch. 115 Note
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
115.28
115.28
General duties. The department shall:
Effective date note
NOTE: Sec. 115.28 (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
115.28 General duties. The state superintendent shall:
115.28(1)
(1) General supervision. Ascertain the condition of the public schools, stimulate interest in education and spread as widely as possible a knowledge of the means and methods which may be employed to improve the schools.
115.28(2)
(2) Sectarianism. Exclude all sectarian books and instruction from the public schools.
115.28(3)
(3) Supervision of schools. Supervise and inspect the public schools and day schools for handicapped children, advise the principals and local authorities thereof and give assistance in organizing such schools.
115.28(3m)
(3m) Supervision of cooperative educational service agencies; rules. 115.28(3m)(a)(a) Supervise and audit the receipts and expenditures of the cooperative educational service agencies, conduct program review of the agencies, approve agency evaluations, supervise boundary reorganization where necessary, advise the administrators of the agencies and provide assistance in organizing the agencies throughout the state.
115.28(3m)(b)
(b) Promulgate rules establishing procedures for the reorganization of cooperative educational service agencies and boundary appeals.
115.28(3m)(c)
(c) Every 3rd year as scheduled by the department, report to the appropriate standing committees of the legislature under
s. 13.172 (3) on all cooperative educational service agency programs and services. The report shall include information on the efficiency and effectiveness of the programs and services.
Effective date note
NOTE: Sub. (3m) 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
(3m) Supervision of cooperative educational service agencies; rules. Supervise and audit the receipts and expenditures of the cooperative educational service agencies, conduct program review of the agencies, approve agency evaluations, supervise boundary reorganization where necessary, advise the administrators of the agencies and provide assistance in organizing the agencies throughout the state. The state superintendent shall adopt rules establishing procedures for the reorganization of cooperative educational service agencies and boundary appeals.
115.28(4)
(4) Public information. By reports, bulletins, circulars, correspondence and public addresses, give the public information upon the different methods of school organization and management and the subject of education generally.
115.28(5)
(5) Appeals. Examine and determine all appeals which by law are made to the department and prescribe rules of practice in respect thereto, not inconsistent with law.
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) Appeals. Examine and determine all appeals which by law are made to the state superintendent and prescribe rules of practice in respect thereto, not inconsistent with law.
115.28(6)
(6) Annual conventions. Annually, hold conventions of school district administrators, supervisors and agency coordinators.
115.28(7)(a)(a) License all teachers for the public schools of the state, make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in
ss. 118.19 (2) and
(3),
118.192 and
118.195, prescribe by rule standards and procedures for the approval of teacher preparatory programs leading to licensure, file in the secretary's office all papers relating to state teachers' licenses and register each such license.
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) License all teachers for the public schools of the state, make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.192 and 118.195, prescribe by rule standards and procedures for the approval of teacher preparatory programs leading to licensure, file in his or her office all papers relating to state teachers' licenses and register each such license.
115.28(7)(b)
(b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under
par. (a), the department shall grant certificates and licenses to teachers in private schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in either public or private schools. An applicant is not eligible for a license or certificate unless the department finds that the private school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private schools are not obligated to employ only licensed or certified teachers.
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) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in either public or private schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private schools are not obligated to employ only licensed or certified teachers.
115.28(7)(c)
(c) Subject to
s. 118.19 (4m), license and make rules for the examination and licensing of persons, including teachers, employed by special education programs, as defined in
s. 115.76 (10).
115.28(7)(d)
(d) Annually, establish fees for the certification or licensure of school and public library personnel sufficient to fund certification and licensing administrative costs.
115.28(7)(e)1.1. In this paragraph, "alternative education program" means an instructional program, approved by the school board, that utilizes successful alternative or adaptive school structures and teaching techniques and that is incorporated into existing, traditional classrooms or regularly scheduled curricular programs or that is offered in place of regularly scheduled curricular programs. "Alternative educational program" does not include a private school or a home-based private educational program.
115.28(7)(e)2.
2. Promulgate rules establishing requirements for licensure as an alternative education program teacher and for the approval of teacher education programs leading to licensure as an alternative education program teacher. The rules shall encompass the teaching of multiple subjects or grade levels or both, as determined by the department. The rules may require teacher education programs to grant credit towards licensure as an alternative education program teacher for relevant experience or demonstrated proficiency in relevant skills and knowledge.
Effective date note
NOTE: Subd. 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. Promulgate rules establishing requirements for licensure as an alternative education program teacher and for the approval of teacher education programs leading to licensure as an alternative education program teacher. The rules shall encompass the teaching of multiple subjects or grade levels or both, as determined by the state superintendent. The rules may require teacher education programs to grant credit towards licensure as an alternative education program teacher for relevant experience or demonstrated proficiency in relevant skills and knowledge.
115.28(7m)
(7m) Certification of school nurses. Certify school nurses, make rules for the examination and certification of school nurses and file in the secretary's office all papers relating to school nurses certification and register each such certification.
Effective date note
NOTE: Sub. (7m) 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
(7m) Certification of school nurses. Certify school nurses, make rules for the examination and certification of school nurses and file in the superintendent's office all papers relating to school nurses certification and register each such certification.
115.28(8)
(8) Admissions to kindergarten and first grade. Prescribe procedures, conditions and standards under which admissions to kindergarten and first grade may be made at ages earlier than those specified in
s. 118.14 in exceptional cases.
115.28(9)
(9) Federal aids. Accept federal funds for any function over which the department has jurisdiction and act as the agent for the receipt and disbursement of such funds.
Effective date note
NOTE: Sub. (9) 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
(9) Federal aids. Accept federal funds for any function over which the state superintendent has jurisdiction and act as the agent for the receipt and disbursement of such funds.
115.28(10)
(10) Educational assessment. Develop an educational assessment program to measure objectively the adequacy and efficiency of educational programs offered by public schools in this state. The program shall include methods by which pupil achievement in reading, mathematics, writing, science, social science and other areas of instruction commonly offered by public schools will be objectively measured each year. Assessment shall be undertaken at several grade levels on a uniform, statewide basis.
115.28(11)
(11) Driver education courses. Approve driver education courses offered by school districts, county handicapped children's education boards and technical college districts for the purposes of
ss. 121.41 (1) and
343.16 (1) (c) 1. and establish minimum standards for driver education courses offered in private schools for the purposes of
s. 343.16 (1) (c) 3. All driver education courses approved or for which standards are established under this subsection shall acquaint each student with the hazards posed by farm machinery and animals on highways and shall provide instruction in safely dealing with such hazards.
115.28(13)
(13) Uniform financial fund accounting. Prescribe a uniform financial fund accounting system, applicable to all school districts and county handicapped children's education boards, which provides for the recording of all financial transactions inherent in the management of schools and county handicapped children's education board programs and the administration of the state's school aid programs.
115.28(14)
(14) Minority group pupil census. Establish procedures under which school districts report annually the number of minority group pupils, as defined in
s. 121.845 (2), residing in the school district and attending public schools in the district so as to be able to classify school districts under
s. 121.85 (2).
115.28(15)(a)(a) Establish, by rule, standards for the approval of the abilities of certified teachers and counselors and their aides participating in bilingual-bicultural education programs under
subch. VII to read, write and speak a non-English language and to possess knowledge of the culture of limited-English speaking pupils.
115.28(15)(b)
(b) Establish, by rule, minimum standards for bilingual-bicultural education programs under
subch. VII.
