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.
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) As to the state superintendent's recommendations to improve such programs and cooperation.
115.36
115.36
Assistance to schools for alcohol and other drug abuse programs. 115.36(1)(1) The purpose of this section is to enable and encourage public and private schools to develop comprehensive programs to prevent or ameliorate alcohol and other drug abuse among minors.
115.36(2)(a)
(a) Develop and conduct training programs for the professional staff of public and private schools in alcohol and other drug abuse prevention, intervention and instruction programs.
115.36(2)(b)
(b) Provide consultation and technical assistance to public and private schools for the development and implementation of alcohol and other drug abuse prevention, intervention and instruction programs.
115.36(2)(c)
(c) Provide fellowship grants to support advanced training or education in comprehensive school health and alcohol and other drug abuse education.
115.36(2)(d)
(d) Provide access to informational resources for alcohol and other drug abuse education programs and services including, but not limited to:
115.36(2)(d)1.
1. The screening, revision and evaluation of available information resources.
115.36(2)(d)2.
2. The establishment of a central depository and loan program for high cost informational resources.
115.36(2)(d)3.
3. The systematic dissemination of information concerning available resources to appropriate public and private school staff.
115.36(2)(e)
(e) Create a council under
s. 15.04 (1) (c) to advise the department concerning the administration of this section.
115.36(3)(a)(a) The department shall, from the appropriation under
s. 20.255 (2) (g), fund school district projects designed to assist minors experiencing problems resulting from the use of alcohol or other drugs or to prevent alcohol or other drug abuse by minors. The department shall:
115.36(3)(a)1.
1. Administer grant application and disbursement of funds.
115.36(3)(a)5.
5. Promulgate necessary rules for the implementation of this subsection.
115.36(3)(b)
(b) Grants under this subsection may not be used to replace funding available from other sources.
115.36(3)(c)
(c) Grants under this subsection may be made only where there is a matching fund contribution from the local area in which a program is designed to operate of 20% of the amount of the grant obtained under this subsection. Private funds and in-kind contribution may be applied to meet the requirement of this paragraph.
115.36(3)(d)
(d) A school district applying for aid under this subsection shall submit a copy of the application to the county department under
s. 51.42 for its advisory review. The county department under
s. 51.42 may, and the council established under
sub. (2) (e) shall, submit an advisory recommendation with respect to the application to the department prior to the approval or denial of the application.
115.361
115.361
Early alcohol and other drug abuse prevention and intervention programs. 115.361(2)(am)
(am) A school board may contract with a city or county to provide drug abuse resistance education to pupils enrolled in grades 3 to 9. Instruction shall be provided by law enforcement officers employed by the county or city who have been specially trained to provide such instruction. The law enforcement officers may use guest lecturers and others to assist them in providing instruction.
115.361(2)(b)
(b) A school board contracting under
par. (am) may apply to the department for a grant to help fund the costs of the program. The department shall review the applications and determine which of the applicants will receive grants. A grant shall fund 100% of the cost of the classroom materials for the program and 80% of the costs of the contract, except that no grant may exceed $50,000. Grants shall be awarded from the appropriation under
s. 20.255 (2) (dm).
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) A school board contracting under par. (am) may apply to the state superintendent for a grant to help fund the costs of the program. The state superintendent shall review the applications and determine which of the applicants will receive grants. A grant shall fund 100% of the cost of the classroom materials for the program and 80% of the costs of the contract, except that no grant may exceed $50,000. Grants shall be awarded from the appropriation under s. 20.255 (2) (dm).
115.361(2)(bm)
(bm) Beginning January 1, 1991, law enforcement agencies shall use the sheriff's department of a county having a population of 500,000 or more, or a program that provides comparable training, to train law enforcement officers for the program under this subsection.
