115.33(3)(b)1.1. If the department determines that a school is not in compliance and is not worth repairing, and the department of commerce, based on its inspection of the school, concurs in the determination, the department may order the school board to develop a plan that describes how the school board will achieve compliance with the standard under
s. 121.02 (1) (i). The plan shall specify the time within which compliance with the standard under
s. 121.02 (1) (i) shall be achieved. The department shall hold a public hearing on the plan in the school district and may, as a result of the hearing, recommend changes to the plan. The department may withhold up to 25% of the school district's state aid if the school district fails to achieve compliance with the standard under
s. 121.02 (1) (i) within the period specified in the plan.
115.33 Note
NOTE: Subd. 1. is shown as amended by
1995 Wis. Act 27. 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. Subd. 1., as not affected by
1995 Wis. Act 27 s.
9145 (1), reads as follows:
Effective date text
1. If the state superintendent determines that a school is not in compliance and is not worth repairing, and the department of commerce, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to develop a plan that describes how the school board will achieve compliance with the standard under s. 121.02 (1) (i). The plan shall specify the time within which compliance with the standard under s. 121.02 (1) (i) shall be achieved. The state superintendent shall hold a public hearing on the plan in the school district and may, as a result of the hearing, recommend changes to the plan. The state superintendent may withhold up to 25% of the school district's state aid if the school district fails to achieve compliance with the standard under s. 121.02 (1) (i) within the period specified in the plan.
115.33 Annotation
See note to 50.50, citing 65 Atty. Gen. 54.
115.34
115.34
School lunch program. 115.34(1)
(1) The department may contract for the operation and maintenance of school lunch programs and for the distribution, transportation, warehousing, processing and insuring of food products provided by the federal government. The form and specifications of such contracts shall be determined by the department. Amounts remaining unpaid for 60 days or more after they become payable under the terms of such contracts shall be deemed past due and shall be certified to the department of administration on October 1 of each year and included in the next apportionment of state special charges to local units of government as special charges against the school districts and municipalities charged therewith.
115.34(2)
(2) The department shall make payments to school districts and to private schools for school lunches served to children in the prior year as determined by the department from the appropriation under
s. 20.255 (2) (cn). Payments to school districts and to private schools shall equal the state's matching obligation under
42 USC 1751 et seq. Payments in the current year shall be determined by prorating the state's matching obligation based on the number of school lunches served to children in the prior year. In this subsection, "private school" means any school defined in
s. 115.001 (3r) which complies with the requirements of
42 USC 2000d.
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) The department shall make payments to school districts and to private schools for school lunches served to children in the prior year as determined by the state superintendent from the appropriation under s. 20.255 (2) (cn). Payments to school districts and to private schools shall equal the state's matching obligation under 42 USC 1751 et seq. Payments in the current year shall be determined by prorating the state's matching obligation based on the number of school lunches served to children in the prior year. In this subsection, "private school" means any school defined in s. 115.001 (3r) which complies with the requirements of 42 USC 2000d.
115.34 Annotation
United States and Wisconsin Constitutions do not prohibit state from disbursing state matching funds under National School Lunch Act to private as well as public schools. 69 Atty. Gen. 109.
115.341
115.341
School breakfast program. 115.341(1)
(1) A school board or governing body of a private school may apply to the department for a grant to assist in establishing a school breakfast program. Beginning in the 1994-95 school year, the department shall award grants from the appropriation under
s. 20.255 (2) (cm). The department may award a grant of up to $10,000 to a school board or governing body of a private school under this section only if all of the following apply:
Effective date note
NOTE: Sub. (1) (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
(1) A school board or governing body of a private school may apply to the state superintendent for a grant to assist in establishing a school breakfast program. Beginning in the 1994-95 school year, the state superintendent shall award grants from the appropriation under s. 20.255 (2) (cm). The state superintendent may award a grant of up to $10,000 to a school board or governing body of a private school under this section only if all of the following apply:
115.341(1)(a)
(a) The school board or governing body agrees to operate a school breakfast program for at least 3 school years.
115.341(1)(b)
(b) The funds will be used for programs in schools in which at least 20% of the pupils enrolled are eligible for free or reduced-price lunches under
42 USC 1758 (b).
115.341(1)(c)
(c) The school board or governing body has adopted a plan to maximize the participation in the program of pupils who are eligible for free or reduced-price lunches under
42 USC 1758 (b).
115.341(2)
(2) Notwithstanding
sub. (1) (intro.), a school board or governing body of a private school that received a grant under this section to establish a school breakfast program may apply in successive school years for a grant under this section to expand the program to additional schools.
115.341(3)
(3) A grant awarded under this section may be used only for nonrecurring costs, including site improvement, the purchase of equipment, the costs of training necessary to establish a school breakfast program and the costs of publicizing new programs. A grant may not be used for recurring costs, including food, supplies and support for permanent positions, or to reimburse for services or equipment that has already been contracted for or purchased.
115.341(4)
(4) The department shall promulgate rules to implement and administer this section.
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) The state superintendent shall promulgate rules to implement and administer this section.
115.341 History
History: 1993 a. 168;
1995 a. 27 s.
9145 (1).
115.343
115.343
Wisconsin morning milk program. 115.343(1)
(1) The department shall establish a morning milk program. A school participating in the program shall offer each eligible child a half-pint of Wisconsin-produced whole milk, 2% milk, 1.5% milk, one percent milk, 0.5% milk, skim milk or chocolate milk on each day in which school is in session. If a child is allergic to milk or has metabolic disorders or other conditions which prohibit him or her from drinking milk, the child shall be offered juice as a substitute. Any school that participates in the program is encouraged to consider bids from local milk suppliers. The school shall keep all information related to the identity of the pupils who receive a beverage under the program confidential. In this subsection, "Wisconsin-produced" means that all or part of the raw milk used by the milk processor was produced in this state.
115.343(2)
(2) A child who is enrolled in a school in prekindergarten classes to grade 5 is eligible to receive a beverage specified in
sub. (1) if all of the following apply:
115.343(2)(a)
(a) The child does not receive the beverage through the federal special milk program under
42 USC 1772 (b).
115.343(2)(b)
(b) The child meets the income eligibility standard for a free or reduced-price lunch in the federal school lunch program under
42 USC 1758 (b).
115.343(3)
(3) The department shall pay each participating school the full cost of beverages under
sub. (1) served to children eligible under
sub. (2) in the prior school year from the appropriation under
s. 20.255 (2) (cp).
115.343(4)
(4) If the appropriation under
s. 20.255 (2) (cp) in any fiscal year is insufficient to pay the full amount of aid under this section, state aid payments shall be prorated among the schools entitled to such aid.
115.343(5)
(5) The department shall maintain a count of the number of children who are served beverages under this section.
115.343 History
History: 1987 a. 27,
399;
1991 a. 39.
115.345
115.345
Nutritional improvement for elderly. 115.345(1)
(1) Any school district approved by the department may establish a system to provide the opportunity for authorized elderly persons to participate in its school lunch program. If a school board desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the department. Upon petition of 5% of the voters in the school district who voted in the last school board election, the school board shall formulate a food services plan, provided that hot food service facilities are available to school children in the district.
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) Any school district approved by the superintendent may establish a system to provide the opportunity for authorized elderly persons to participate in its school lunch program. If a school board desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the superintendent. Upon petition of 5% of the voters in the school district who voted in the last school board election, the school board shall formulate a food services plan, provided that hot food service facilities are available to school children in the district.
115.345(2)
(2) Each plan shall provide at least one meal per day for each day that school is in regular session. The school board may provide additional service at other times in its discretion, if the number of eligible persons in the district or adjacent districts is of sufficient size, in the opinion of the department, so that unwarranted production expense is not incurred.
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) Each plan shall provide at least one meal per day for each day that school is in regular session. The school board may provide additional service at other times in its discretion, if the number of eligible persons in the district or adjacent districts is of sufficient size, in the opinion of the superintendent, so that unwarranted production expense is not incurred.
115.345(3)
(3) Any school board which operates a food services plan for elderly persons under this section shall make facilities available for service to elderly persons at every high school and junior high school in the district which provides hot food service to its students. Upon application, the department may grant exceptions from compliance with this subsection for reasons of safety, convenience or insufficient interest in a given neighborhood. The school board may, in addition, provide service at elementary schools if desired.
Effective date note
NOTE: Sub. (3) 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
(3) Any school board which operates a food services plan for elderly persons under this section shall make facilities available for service to elderly persons at every high school and junior high school in the district which provides hot food service to its students. Upon application, the superintendent may grant exceptions from compliance with this subsection for reasons of safety, convenience or insufficient interest in a given neighborhood. The school board may, in addition, provide service at elementary schools if desired.
115.345(4)
(4) Meals may be served at schools where they are served to students or at any site more convenient to the majority of authorized elderly persons interested in the service. Food may be transported to authorized elderly persons who are unable to leave their homes or distributed to nonprofit organizations for such purposes. However, no state funds under this section may be used for food delivery to individual homes. The department may require consolidation of programs between districts and between schools if such a procedure will be convenient and economical.
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) Meals may be served at schools where they are served to students or at any site more convenient to the majority of authorized elderly persons interested in the service. Food may be transported to authorized elderly persons who are unable to leave their homes or distributed to nonprofit organizations for such purposes. However, no state funds under this section may be used for food delivery to individual homes. The superintendent may require consolidation of programs between districts and between schools if such a procedure will be convenient and economical.
115.345(5)
(5) The school board may file a claim with the department for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15% of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department approves the claim, it shall certify that payment is due and the state treasurer shall pay the claim from the appropriation under
s. 20.255 (2) (cn).
115.345(6)
(6) All meals served must meet the approval of the department which shall establish minimum nutritional standards not inconsistent with federal standards and reasonable expenditure limits such that the average cost per meal is not excessive. The department shall give special consideration to dietary problems of elderly persons in formulating a nutritional plan. However, no school board shall be required to provide special foods for individual persons with allergies or medical disorders.
Effective date note
NOTE: Sub. (6) 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
(6) All meals served must meet the approval of the superintendent who shall establish minimum nutritional standards not inconsistent with federal standards and reasonable expenditure limits such that the average cost per meal is not excessive. The superintendent shall give special consideration to dietary problems of elderly persons in formulating a nutritional plan. However, no school board shall be required to provide special foods for individual persons with allergies or medical disorders.
115.345(7)
(7) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the department. The department may issue identification cards to such persons if necessary.
Effective date note
NOTE: Sub. (7) 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
(7) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the department. The superintendent may issue identification cards to such persons if necessary.
115.345(7m)
(7m) A private school may establish a food services plan for elderly persons. If the plan meets all of the requirements of this section and is approved by the department, the private school is eligible for reimbursement in the same manner as school districts under
sub. (5).
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) A private school may establish a food services plan for elderly persons. If the plan meets all of the requirements of this section and is approved by the state superintendent, the private school is eligible for reimbursement in the same manner as school districts under sub. (5).
115.345(8)
(8) The department shall adopt reasonable rules necessary to implement this section.
Effective date note
NOTE: Sub. (8) 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
(8) The superintendent shall adopt reasonable rules necessary to implement this section.
115.345(9)
(9) In this section, "authorized elderly person" means any resident of the state who is 60 years of age or more, or the spouse of any such person. A school board may admit nonresident persons who would otherwise qualify into its program except that no state funds under this section may be used to subsidize any portion of the meals served to such persons.
115.347
115.347
Direct certification of eligibility for school nutrition programs. 115.347(1)(1) Beginning in the 1994-95 school year, a school board may submit enrollment data to the department of industry, labor and job development for the purpose of directly certifying children as eligible for free or reduced-price meals under the federal school nutrition programs. The department of industry, labor and job development shall prescribe a format for the report.
115.347(2)
(2) Whenever a school district that is located in whole or in part in a county that has converted to the client assistance for reemployment and economic support data system submits a report under
sub. (1) in the prescribed format, the department of industry, labor and job development shall determine which children enrolled in the school district are members of Wisconsin works groups participating under
s. 49.147 (3) to
(5) or of families receiving aid to families with dependent children or food stamps and shall provide the information to the school board as soon thereafter as possible. The school board shall use the information to directly certify children as eligible for free or reduced-price meals served by the school district under federal school nutrition programs, pursuant to
42 USC 1758 (b) (2) (C) (ii) and (iii).
115.347(3)
(3) The department shall assist school boards in developing a method for submitting enrollment data to the department of industry, labor and job development under
sub. (1).
115.347 Note
NOTE: Sub. (3) is shown as amended by
1995 Wis. Act 27. 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. Sub. (3), as not affected by
1995 Wis. Act 27 s.
9145 (1), reads as follows:
Effective date text
(3) The state superintendent shall assist school boards in developing a method for submitting enrollment data to the department of industry, labor and job development under sub. (1).
115.35
115.35
Health problems education program. 115.35(1)
(1) A critical health problems education program is established in the department. The program shall be a systematic and integrated program designed to provide appropriate learning experiences based on scientific knowledge of the human organism as it functions within its environment and designed to favorably influence the health, understanding, attitudes and practices of the individual child which will enable him or her to adapt to changing health problems of our society. The program shall be designed to educate youth with regard to critical health problems and shall include, but not be limited to, the following topics as the basis for comprehensive education curricula in all elementary and secondary schools: controlled substances, as defined in
s. 961.01 (4); controlled substance analogs, as defined in
s. 961.01 (4m); alcohol; tobacco; mental health; sexually transmitted diseases, including acquired immunodeficiency syndrome; human growth and development; and related health and safety topics. Participation in the human growth and development topic of the curricula shall be entirely voluntary. The department may not require a school board to use a specific human growth and development curriculum.
115.35(2)
(2) In carrying out this section, the department may, without limitation because of enumeration:
Effective date note
NOTE: Sub. (2) (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
(2) In carrying out this section, the state superintendent may, without limitation because of enumeration:
115.35(2)(a)
(a) Establish guidelines to help school districts develop comprehensive health education programs.
115.35(2)(b)
(b) Establish special in-service programs to provide professional preparation in health education for teachers throughout the state.
115.35(2)(c)
(c) Provide leadership institutions of higher education to develop and extend curricula in health education for professional preparation in both in-service and preservice programs.
115.35(2)(d)
(d) Develop cooperative programs between school districts and institutions of higher education whereby the appropriate health personnel of such institutions would be available to guide the continuing professional preparation of teachers and the development of curricula for local programs.
115.35(2)(e)
(e) Assist in the development of plans and procedures for the evaluation of health education curricula.
115.35(3)
(3) The department may appoint a council consisting of representatives from universities and colleges, law enforcement, the various fields of education, the voluntary health agencies, the department of health and family services, the professional health associations and other groups or agencies it deems appropriate to advise it on the implementation of this section, including teachers, administrators and local school boards.
115.35(4)
(4) The department shall cooperate with agencies of the federal government and receive and use federal funds for the purposes of this section.
Effective date note
NOTE: Sub. (5) (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
(5) In each report under s. 15.04 (1) (d), the state superintendent shall include information:
115.35(5)(a)
(a) As to the scope and nature of programs undertaken under this section.
115.35(5)(b)
(b) As to the degree and nature of cooperation being maintained with other state and local agencies.
115.35(5)(c)
(c) As to the department's recommendations to improve such programs and cooperation.
