115.28(17)(b)
(b) Establish by rule, in coordination with the American Indian language and culture education board, standards for certifying the abilities of home school coordinators, counselors and aides participating in American Indian language and culture education programs under
subch. IV to possess knowledge of American Indian history and culture.
115.28(17)(c)
(c) Promulgate rules, in coordination with the American Indian language and culture education board, which further define "American Indian" under
s. 115.71 (2) (d).
115.28(17)(d)
(d) In coordination with the American Indian language and culture education board, develop a curriculum for grades 4 to 12 on the Chippewa Indians' treaty-based, off-reservation rights to hunt, fish and gather.
115.28(18)
(18) Pupil membership audits. Annually require at least 25% of school boards to audit the number of pupils reported for membership purposes under
s. 120.14 (1).
115.28(19)(a)(a) Continue to award federal aid received under
20 USC 1411 (c) (1) (A) to any school district which received such funds in the 1982-83 school year in order to fund the educational costs associated with the transfer of handicapped pupils from a state institution. This paragraph does not apply after July 1, 1992.
115.28(19)(b)
(b) Ensure that federal aid received under
20 USC 1411 (c) (1) (A) after July 1, 1992, is not used to supplant or replace funding available from other sources.
115.28(20)
(20) Council for Milwaukee public schools grant programs. Appoint a council under
s. 15.04 (1) (c) composed of residents of the school district established under
ch. 119 who are selected to reflect the pluralistic nature of the school district. The council shall:
115.28(20)(a)
(a) Advise the secretary on funding criteria and evaluation plans for grant programs for the school district operating under
ch. 119.
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) Advise the state superintendent on funding criteria and evaluation plans for grant programs for the school district operating under ch. 119.
115.28(20)(b)
(b) Advise the secretary on the programs that meet or do not meet the funding criteria.
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) Advise the state superintendent on the programs that meet or do not meet the funding criteria.
115.28(20)(c)
(c) Assist the secretary in monitoring the progress of funded programs.
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) Assist the state superintendent in monitoring the progress of funded programs.
115.28(20)(d)
(d) Recommend to the secretary needed changes in statutes or rules relating to grant programs.
Effective date note
NOTE: Par. (d) 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
(d) Recommend to the state superintendent needed changes in statutes or rules relating to grant programs.
115.28(20)(e)
(e) Submit to the secretary an annual report detailing the council's activities, accomplishments and projected needs.
Effective date note
NOTE: Par. (e) 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
(e) Submit to the state superintendent an annual report detailing the council's activities, accomplishments and projected needs.
115.28(20)(f)
(f) Assist in ensuring that various grant programs operate compatibly.
115.28(21)
(21) Youth initiatives program. Administer grants to local community organizations for standardized assessment and programs for instruction in basic skills and work experience under the youth initiatives program. The department may require a school board to provide matching funds at any percentage. The match may be in the form of money or in-kind services or both. The department shall establish, by rule, performance standards for the youth initiatives program and shall monitor performances by grantees. This subsection does not apply after June 30, 1996.
Effective date note
NOTE: Sub. (21) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27, s.
9145 (1). 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
(21) Youth initiatives program. Administer grants to local community organizations for standardized assessment and programs for instruction in basic skills and work experience under the youth initiatives program. The state superintendent may require a school board to provide matching funds at any percentage. The match may be in the form of money or in-kind services or both. The state superintendent shall establish, by rule, performance standards for the youth initiatives program and shall monitor performances by grantees. This subsection does not apply after June 30, 1996.
115.28(22)
(22) Information for tax bills. By November 1, provide to the department of revenue the information about school aids distributed to each school district that will enable that department to furnish to taxation districts the information required under
s. 73.03 (31).
115.28(23)
(23) Wisconsin educational opportunity programs. Administer Wisconsin educational opportunity programs on a statewide basis to assist minority and economically disadvantaged youth and adults in pursuing higher education opportunities. The statewide programs shall consist of all of the following:
115.28(23)(a)
(a) A talent search program which shall provide information to youths and adults about postsecondary education and counseling to aid pupils in defining educational goals, applying and enrolling in postsecondary institutions and obtaining financial aid.
115.28(23)(b)
(b) A talent incentive program which shall provide supplemental aid to financially needy pupils to promote attendance at postsecondary institutions.
115.28(23)(c)
(c) An early identification program which shall provide services to pupils under
s. 115.44.
115.28(27)
(27) Wisconsin geography alliance. Annually allocate the amount in the appropriation under
s. 20.255 (3) (ec) to the Wisconsin geography alliance to train teachers and develop curricula for primary and secondary education in geography. This subsection does not apply after June 30, 1996.
115.28(30)(a)(a) Give priority to assisting school boards to operate vocational student organizations for pupils pursuing related instruction.
115.28(30)(b)
(b) Provide in the department the following vocational education consultants and administrative, leadership and vocational student organization educational consultants:
115.28(30)(b)4.
4. Two full-time consultants in family and consumer education.
115.28(30)(b)5.
5. One full-time consultant and one half-time consultant in marketing education.
115.28(30)(c)
(c) Provide in the department one full-time educational consultant in apprenticeship education within the office of school-to-work transition.
115.28(30)(d)
(d) Provide in the department, within the integrated and applied curricula team, a vocational education and vocational student organizations subteam consisting of those educational consultants specified in
par. (b).
115.28(31)
(31) Accommodation of religious beliefs. Promulgate rules providing for the reasonable accommodation of a pupil's sincerely held religious beliefs with regard to all examinations and other academic requirements.
115.28(32)
(32) Pupil transcript. By July 1, 1993, develop a uniform pupil transcript that may be used by school districts beginning in the 1993-94 school year.
115.28(33)
(33) Consolidation planning grant. From the appropriation under
s. 20.255 (1) (a), award a grant of $25,000 in the 1991-92 school year to the school boards of any 2 school districts, for the purpose of supporting their consolidation planning efforts, if at least one of the school districts received no state aid under
s. 121.08 in the 1990-91 school year and the 2 school boards established a committee to study the feasibility of consolidating the 2 school districts prior to June 1, 1991.
115.28(34)
(34) Exchange teachers. Coordinate and publicize the exchange of teachers under
s. 119.18 (13) and the exchange of teachers and administrators under
s. 120.13 (7).
115.28(35)
(35) Grants for collaborative projects. From the appropriation under
s. 20.255 (2) (ef), award a $300,000 grant to a rural school district, a suburban school district and an urban school district, other than the school district operating under
ch. 119, for projects, conducted in collaboration with the county social services department or the county human services department, that integrate social services and school responsibilities as they relate to pupils and their parents. One-third of the total grant amount shall be paid in each of 3 consecutive school years. The department shall give preference in awarding grants to projects that provide for the delivery of services in a single location. No grant may be awarded under this subsection after June 30, 1996.
Effective date note
NOTE: Sub. (35) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27, s.
9145 (1). The treatment by Act 27, s. 9145 (1), was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to the treatment by Act 27, s. 9145 (1), it read:
Effective date text
(35) Grants for collaborative projects. From the appropriation under s. 20.255 (2) (ef), award a $300,000 grant to a rural school district, a suburban school district and an urban school district, other than the school district operating under ch. 119, for projects, conducted in collaboration with the county social services department or the county human services department, that integrate social services and school responsibilities as they relate to pupils and their parents. One-third of the total grant amount shall be paid in each of 3 consecutive school years. The state superintendent shall give preference in awarding grants to projects that provide for the delivery of services in a single location. No grant may be awarded under this subsection after June 30, 1996.
115.28(36)
(36) Report on goals. Report to the governor and to the appropriate standing committees of the legislature under
s. 13.172 (3) the progress made by school districts toward attaining state educational goals and the state vision for education.
115.28(37)
(37) Training of health professionals. Promote public awareness of, access to and training of health professionals for rural and underserved urban areas.
115.28(38)
(38) Reporting of pupils attending technical colleges. In consultation with the technical college system board, promulgate rules establishing a uniform format for school boards to use in reporting the number of pupils attending technical college districts under
ss. 118.15 (1) (b),
(cm) and
(d) and
118.37 and in reporting pupil participation in technical preparation programs under
s. 118.34, including the number of courses taken for advanced standing in a technical college district's associate degree program and for technical college credit. The format shall be identical to the format established by the technical college system board under
s. 38.04 (11) (a) 2.
115.28 History
History: 1971 c. 40,
125;
1973 c. 89,
90;
1975 c. 39,
115,
199,
220,
224,
395,
422;
1977 c. 26,
29,
203,
418,
429;
1979 c. 28,
331;
1979 c. 346 ss.
10,
15;
1979 c. 355;
1981 c. 20,
241;
1983 a. 27,
412;
1985 a. 12;
1985 a. 29 ss.
1686m,
1689,
3202 (43);
1987 a. 27,
159;
1989 a. 31,
56,
297,
336,
359;
1991 a. 39,
93,
108,
164,
227,
250,
269,
315;
1993 a. 16,
27,
213,
223,
335,
339,
437,
455,
492;
1995 a. 27 ss.
3847g to
3858,
9126 (19),
9145 (1);
1995 a. 225.
115.28 Note
NOTE: 1993 Wis. Act 339, which created sub. (7) (e), contains explanatory notes.
115.28 Annotation
See note to Art. I, sec. 18, citing 63 Atty. Gen. 473, concerning school lunch programs in private schools.
115.29
115.29
General powers. The secretary may:
Effective date note
NOTE: Sec. 115.29 (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
115.29 General powers. The state superintendent may:
115.29(1)
(1) Designate representative. Designate the deputy secretary or another employe of the department as the secretary's representative on any body on which the secretary is required to serve, except the board of regents of the university of Wisconsin system.
Effective date note
NOTE: Sub. (1) 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) Designate representative. Designate the deputy state superintendent or another employe of the department as the state superintendent's representative on any body on which the state superintendent is required to serve, except the board of regents of the university of Wisconsin system.
115.29(2)
(2) Educational meetings. Attend such educational meetings and make such investigations as the secretary deems important and as will acquaint the secretary with the different systems of public schools in the United States.
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) Educational meetings. Attend such educational meetings and make such investigations as the state superintendent deems important and as will acquaint the state superintendent with the different systems of public schools in the United States.
115.29(3)
(3) Auxiliary instructional employes. By order, establish classes of auxiliary instructional employes and authorize their employment in the instructional program of the elementary and high schools for specific purposes and their reimbursement from the instructional budget. Auxiliary instructional employes shall not be covered as teachers as defined in
s. 40.02 (55) or under
s. 118.21, [118.215], 118.22 or 121.006 (2) but shall be eligible under the public employe trust fund as participating employes as defined in
s. 40.02 (46), if it is made applicable, other than through
s. 40.21 (3), to the school district employing them.
115.29 Note
NOTE: The bracketed language indicates a cross-reference to a provision which was repealed by
1995 Wis. Act 66. Corrective legislation is pending.
115.29(4)
(4) High school graduation equivalency. Grant declarations of equivalency of high school graduation to persons, if in the secretary's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The secretary may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the secretary, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the secretary or other standards established by the secretary.
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) High school graduation equivalency. Grant declarations of equivalency of high school graduation to persons, if in the state superintendent's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The state superintendent may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the state superintendent, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the state superintendent or other standards established by the state superintendent.
115.29(5)
(5) Teacher supply, information and analysis. Assist school boards, cooperative educational service agencies and county handicapped children's education boards to locate qualified professional school personnel, assist qualified professional school personnel to locate vacant positions and provide information and analysis of the professional school personnel supply.
115.30
115.30
Forms and reports. 115.30(1)(1) The department shall prepare for the use of school officers suitable forms for making reports, and suitable outlines as aids in conducting school meetings. With the exception of changes due to statute or rule revision, the department shall give school districts a one-year advance notice of any changes to be made to the forms and reports. School district officers and employes shall maintain a uniform recording of accounting as prescribed by the department and make such reports to the department as will enable it to distribute state school fund appropriations and state educational appropriations to the schools and persons entitled thereto, and to properly discharge the other duties of the department.
115.30(2)
(2) The department may require all school boards to report to it, on forms provided, the name of the school and its location, the name and address of the teachers, the number of months of school maintained during the year, the opening and closing dates, the names and ages of all pupils enrolled between the ages of 6 and 18, the names and post-office addresses and places of residence of the parents of such pupils, the number of the school district and the distance such pupils reside from the schoolhouse, the number of days each pupil was present during each month and any other information requested by it.
115.30(3)
(3) On or before each October 15, each administrator of a public or private school system or a home-based private educational program shall submit, on forms provided by the department, a statement of the enrollment on the 3rd Friday of September in the elementary and high school grades under his or her jurisdiction to the department which shall prepare such reports as will enable the public and private schools and home-based private educational programs to make projections regarding school buildings, teacher supply and funds required. The administrator of each private school system and home-based private educational program shall indicate in his or her report whether the system or program meets all of the criteria under
s. 118.165 (1).
Effective date note
NOTE: Sub. (4) (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
(4) In the biennial report under s. 15.04 (1) (d), the state superintendent also shall report:
115.30(4)(a)
(a) The condition of all schools under the department's supervision.
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 condition of all schools under the state superintendent's supervision.
115.30(4)(b)
(b) An abstract of the public school reports made to the department.
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) An abstract of the public school reports made to the state superintendent.
115.30(4)(c)
(c) The secretary's visits to educational institutions.
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:
