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.
115.28(16)
(16) Alcohol and other drug abuse prevention plan. Cooperate with the department of health and family services in the preparation of a joint alcohol and other drug abuse prevention, intervention, treatment and rehabilitation plan under
s. 46.974.
115.28(17)
(17) American Indian language and culture education. 115.28(17)(a)(a) Establish by rule, in coordination with the American Indian language and culture education board, standards for certifying the abilities of teachers participating in American Indian language and culture education programs under
subch. IV to read and write or speak an American Indian language and to possess knowledge of American Indian history and culture.
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.
