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) (2)Drug abuse resistance education.
115.361(2)(a)(a) In this subsection:
115.361(2)(a)1. 1. "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
115.361(2)(a)2. 2. "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
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.
115.361(2)(c) (c) The department shall promulgate rules to implement and administer this subsection, including rules establishing criteria for selecting grant recipients under par. (b).
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) The state superintendent shall promulgate rules to implement and administer this subsection, including rules establishing criteria for selecting grant recipients under par. (b).
115.361(3) (3)Grants for families and schools together programs.
115.361(3)(a)(a) A school board may apply to the department for a grant to fund a families and schools together program designed to identify pupils who are 6 to 11 years of age who have a high risk of dropping out of school, experiencing alcohol and other drug abuse problems or being adjudged delinquent. The program shall provide prevention and early intervention activities involving joint school, family and community participation, including mental health and alcohol and other drug abuse program specialists.
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) A school board may apply to the state superintendent for a grant to fund a families and schools together program designed to identify pupils who are 6 to 11 years of age who have a high risk of dropping out of school, experiencing alcohol and other drug abuse problems or being adjudged delinquent. The program shall provide prevention and early intervention activities involving joint school, family and community participation, including mental health and alcohol and other drug abuse program specialists.
115.361(3)(b) (b) Beginning in the 1990-91 school year and annually thereafter, the department may award grants of up to $50,000 to school districts with small and medium memberships and grants of up to $70,000 to school districts with large memberships. Grants shall be awarded from the appropriation under s. 20.255 (2) (dm). In this paragraph, "membership" has the meaning given in s. 121.004 (5).
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) Beginning in the 1990-91 school year and annually thereafter, the state superintendent may award grants of up to $50,000 to school districts with small and medium memberships and grants of up to $70,000 to school districts with large memberships. Grants shall be awarded from the appropriation under s. 20.255 (2) (dm). In this paragraph, "membership" has the meaning given in s. 121.004 (5).
115.361(3)(c) (c) A school board may contract with a private, nonprofit organization for the program under this subsection.
115.361(4) (4)Grants for pupil alcohol and other drug abuse program projects.
115.361(4)(a)(a) The department may award grants of up to $1,000 to a participating school district for alcohol and other drug abuse education, prevention or intervention programs designed by the pupils enrolled in the school district. The school district shall use the funds for the costs of the projects.
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 state superintendent may award grants of up to $1,000 to a participating school district for alcohol and other drug abuse education, prevention or intervention programs designed by the pupils enrolled in the school district. The school district shall use the funds for the costs of the projects.
115.361(4)(b) (b) Grants under this subsection shall be awarded from the appropriation under s. 20.255 (2) (dm). To the extent possible, the department shall ensure that grants are equally distributed on a statewide basis.
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) Grants under this subsection shall be awarded from the appropriation under s. 20.255 (2) (dm). To the extent possible, the state superintendent shall ensure that grants are equally distributed on a statewide basis.
115.361(5) (5)Grants for after-school and summer school programs.
115.361(5)(a)(a) A school board, with the cooperation and support of a community-based organization, may apply to the department for a grant of up to $30,000 to fund an after-school or summer school program for pupils in grades 1 to 9.
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) A school board, with the cooperation and support of a community-based organization, may apply to the state superintendent for a grant of up to $30,000 to fund an after-school or summer school program for pupils in grades 1 to 9.
115.361(5)(b) (b) The department shall award grants under this subsection from the appropriation under s. 20.255 (2) (dm). The amount of a grant may not exceed 80% of the cost of the program, including in-kind contributions. The department may award a grant to a school board under this subsection only if all of the following apply:
Effective date note NOTE: Par. (b) (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 (b) The state superintendent shall award grants under this subsection from the appropriation under s. 20.255 (2) (dm). The amount of a grant may not exceed 80% of the cost of the program, including in-kind contributions. The state superintendent may award a grant to a school board under this subsection only if all of the following apply:
115.361(5)(b)1. 1. The program identifies the special skills and interests of individual pupils and helps them develop those skills and interests.
115.361(5)(b)2. 2. The program is coordinated with the school district's program for children at risk under s. 118.153 and the school district's alcohol and drug abuse prevention program.
115.361(5)(b)3. 3. The program includes a school tutoring program operated by the school board or the community-based organization for pupils in grades 1 to 9 who are one or more years behind their age group in reading, writing or mathematics or who exhibit other significant academic deficiencies, including poor school attendance or school work completion problems. The department may consider whether any of the following applies to the program in determining whether to award a grant:
Effective date note NOTE: Subd. 3. (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 3. The program includes a school tutoring program operated by the school board or the community-based organization for pupils in grades 1 to 9 who are one or more years behind their age group in reading, writing or mathematics or who exhibit other significant academic deficiencies, including poor school attendance or school work completion problems. The state superintendent may consider whether any of the following applies to the program in determining whether to award a grant:
115.361(5)(b)3.a. a. The tutoring program provides at least one instructor for every 6 pupils.
115.361(5)(b)3.b. b. The school district supplies the instructional materials.
115.361(5)(b)3.c. c. The tutoring program serves at least 18 pupils each week.
115.361(5)(b)4. 4. No more than 7% of the amount awarded will be used for program administration by the school district.
115.361(5)(c) (c) The department shall:
Effective date note NOTE: Par. (c) (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 (c) The state superintendent shall:
115.361(5)(c)1. 1. Ensure that grants are awarded to school districts that have a higher than average dropout rate.
115.361(5)(c)2. 2. Give preference in awarding grants to programs that use retired teachers.
115.361(5)(c)3. 3. Annually by July 1, evaluate the programs funded under this subsection and submit a report describing its conclusions and recommendations to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).
Effective date note NOTE: Subd. 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. Annually by July 1, evaluate the programs funded under this subsection and submit a report describing his or her conclusions and recommendations to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).
115.361(5)(c)4. 4. Promulgate rules to implement and administer this subsection.
115.361(7) (7)Transfers; report.
115.361(7)(a)(a) Of the amount in the appropriation under s. 20.255 (2) (dm), annually the department shall allocate the following amounts for the following programs:
Effective date note NOTE: Par. (a) (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 (a) Of the amount in the appropriation under s. 20.255 (2) (dm), annually the state superintendent shall allocate the following amounts for the following programs:
115.361(7)(a)2. 2. For drug abuse resistance education grants under sub. (2), $895,000 in the 1993-94 fiscal year and $995,000 annually thereafter.
115.361(7)(a)3. 3. For grants for families and schools together programs under sub. (3), $1,000,000.
115.361(7)(a)4. 4. For grants for pupil alcohol and other drug abuse program projects under sub. (4), $300,000.
115.361(7)(a)5. 5. For grants for after-school and summer school programs under sub. (5), $425,000.
115.361(7)(b) (b) Annually, the department shall determine whether the amount allocated for each program under par. (a) will be fully utilized based upon the applications received that meet the specified criteria for each program. If an amount will not be fully utilized, the department may transfer the unutilized funds to programs for which qualified applications exceed the amounts allocated. The transfer shall be made by November 1 of each school year, except that in any school year in which a biennial budget act takes effect, the transfer shall be made by November 1 or within 120 days after the effective date of the biennial budget act, whichever is later. Annually, the department shall submit a report to the joint committee on finance describing all transfers under this paragraph.
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) Annually, the state superintendent shall determine whether the amount allocated for each program under par. (a) will be fully utilized based upon the applications received that meet the specified criteria for each program. If an amount will not be fully utilized, the state superintendent may transfer the unutilized funds to programs for which qualified applications exceed the amounts allocated. The transfer shall be made by November 1 of each school year, except that in any school year in which a biennial budget act takes effect, the transfer shall be made by November 1 or within 120 days after the effective date of the biennial budget act, whichever is later. Annually, the state superintendent shall submit a report to the joint committee on finance describing all transfers under this paragraph.
115.361(7)(c) (c) The department shall collect and analyze information about the programs funded under this section, evaluate their effectiveness and submit a report of the evaluation to the appropriate standing committees of the legislature under s. 13.172 (3) and to the governor by July 1, 1994, and biennially by July 1 thereafter.
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) The state superintendent shall collect and analyze information about the programs funded under this section, evaluate their effectiveness and submit a report of the evaluation to the appropriate standing committees of the legislature under s. 13.172 (3) and to the governor by July 1, 1994, and biennially by July 1 thereafter.
115.361 History History: 1989 a. 122 ss. 53c to 53e; 1991 a. 39, 269 s. 614g; 1993 a. 16, 98; 1995 a. 27 ss. 3874, 9145 (1).
115.3615 115.3615 Head start supplement. From the appropriation under s. 20.255 (2) (eh), the department shall distribute funds to agencies determined by the department to be eligible for designation as head start agencies under 42 USC 9836 to provide comprehensive health, educational, nutritional, social and other services to economically disadvantaged children and their families. The department shall distribute the funds in a manner consistent with 42 USC 9831 to 9852 except that there is no matching fund requirement. The department shall give preference in funding under this section to an agency that is receiving federal funds under 42 USC 9831 to 9852. Funds distributed under this section may be used to match available federal funds under 42 USC 9831 to 9852 only if the funds are used to secure additional federal funds for the purposes under this section.
Effective date note NOTE: This section 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 115.3615 Head start supplement. From the appropriation under s. 20.255 (2) (eh), the state superintendent shall distribute funds to agencies determined by the state superintendent to be eligible for designation as head start agencies under 42 USC 9836 to provide comprehensive health, educational, nutritional, social and other services to economically disadvantaged children and their families. The state superintendent shall distribute the funds in a manner consistent with 42 USC 9831 to 9852 except that there is no matching fund requirement. The state superintendent shall give preference in funding under this section to an agency that is receiving federal funds under 42 USC 9831 to 9852. Funds distributed under this section may be used to match available federal funds under 42 USC 9831 to 9852 only if the funds are used to secure additional federal funds for the purposes under this section.
115.3615 History History: 1989 a. 122 ss. 53c to 53e; 1991 a. 39, 269 s. 614g; Stats. 1991 s. 115.3615; 1995 a. 27 s. 9145 (1).
115.362 115.362 Youth alcohol and other drug abuse programs.
115.362(1)(1) The department shall make grants to school districts for alcohol and other drug abuse prevention, intervention and instruction programs. The department shall award at least 30 grants each school year.
115.362(2) (2)
115.362(2)(a)(a) The department shall award grants from the appropriation under s. 20.255 (2) (fy) to school districts for any of the following:
115.362(2)(a)1. 1. The development or expansion of a school district-wide, kindergarten to grade 12 curriculum in the prevention of and intervention in alcohol and other drug abuse.
115.362(2)(a)2. 2. If a school district has a curriculum described under subd. 1., the development or expansion of an alcohol and other drug abuse prevention and intervention program.
115.362(2)(b) (b) The department shall award grants under sub. (1) from the appropriation under s. 20.255 (2) (k) only for alcohol and other drug abuse intervention programs.
115.362(3) (3) Except for grants under sub. (2) (a), no school district may receive more than one grant under this section. Grants awarded under sub. (2) (a) shall not be used to supplant or replace funds otherwise available for the program.
115.362(4) (4)
115.362(4)(a)(a) Each school board receiving a grant under sub. (2) (a) 2. shall ensure that its program meets standards established by the department by rule. The school board may establish the program individually or on a cooperative basis with one or more school districts, cooperative educational service agencies or county handicapped children's education boards.
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 (4)  (a) Each school board receiving a grant under sub. (2) (a) 2. shall ensure that its program meets standards established by the state superintendent by rule. The school board may establish the program individually or on a cooperative basis with one or more school districts, cooperative educational service agencies or county handicapped children's education boards.
115.362(4)(b) (b) As part of its alcohol and other drug abuse prevention and intervention program, the school board shall do all of the following:
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