115.46(9)
(9) Article IX - Construction and Severability. This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.
115.47
115.47
Designated state official under agreement. The "designated state official" for this state under
s. 115.46 shall be the secretary.
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
115.47 Designated state official under agreement. The "designated state official" for this state under s. 115.46 shall be the state superintendent of public instruction.
115.47 History
History: 1995 a. 27 s.
9145.
115.48
115.48
Contracts under agreement. True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the department and in the office of the secretary of state. The department shall publish all such contracts in convenient form.
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
115.48 Contracts under agreement. True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the department of public instruction and in the office of the secretary of state. The department of public instruction shall publish all such contracts in convenient form.
115.48 History
History: 1995 a. 27
STATE SCHOOLS AND SCHOLARSHIPS FOR THE HANDICAPPED
115.51
115.51
Definitions. In this subchapter:
115.51(1)
(1) "Blind" includes persons visually handicapped, as determined by competent medical authority with the approval of the department.
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) "Blind" includes persons visually handicapped, as determined by competent medical authority with the approval of the state superintendent.
115.51(2)
(2) "Deaf" includes persons who because of some pathological or functional cause cannot attain proficiency in speech without special instruction and training.
115.51 History
History: 1995 a. 27 s.
9145 (1).
115.52
115.52
Wisconsin schools for the visually handicapped and the deaf. 115.52(1)(1) The object of the Wisconsin school for the visually handicapped and the Wisconsin school for the deaf is to afford the visually handicapped and the deaf a practical education and physical rehabilitation which may aid them to make a living, discharge their duties as citizens and secure to them all possible happiness.
115.52(2)
(2) The department shall maintain and govern the school for the visually handicapped and the school for the deaf. The department may fix the period of the school year at the schools at not less than 38 weeks, prescribe the school terms and confer diplomas upon meritorious pupils who have completed the prescribed curricula.
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 state superintendent shall maintain and govern the school for the visually handicapped and the school for the deaf. The state superintendent may fix the period of the school year at the schools at not less than 38 weeks, prescribe the school terms and confer diplomas upon meritorious pupils who have completed the prescribed curricula.
115.52(3)
(3) All the blind and the deaf residents of this state 6 to 20 years old, and for the duration of a school term all the blind or deaf residents of this state who become 21 years old during that school term, who are capable of receiving instruction shall be received and taught in the schools free of charge. Like nonresident pupils also may be received upon payment in advance of the fees fixed by the department at an amount not less than $75 per month, but no nonresident shall be received to the exclusion of a resident pupil. The department also may admit pupils who are 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the superintendent of the school to which the pupil will be assigned. All pupils shall equally and freely enjoy the benefits and privileges of the schools and have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination. The schools may provide transportation for resident pupils.
115.52 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) All the blind and the deaf residents of this state 6 to 20 years old, and for the duration of a school term all the blind or deaf residents of this state who become 21 years old during that school term, who are capable of receiving instruction shall be received and taught in the schools free of charge. Like nonresident pupils also may be received upon payment in advance of the fees fixed by the state superintendent at an amount not less than $75 per month, but no nonresident shall be received to the exclusion of a resident pupil. The state superintendent also may admit pupils who are 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the superintendent of the school to which the pupil will be assigned. All pupils shall equally and freely enjoy the benefits and privileges of the schools and have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination. The schools may provide transportation for resident pupils.
115.52(5)
(5) The department may grant approval for the maintenance of a summer school at the school for the deaf whenever it will be to the advantage of deaf persons and may grant approval for the maintenance of a summer school at the school for the visually handicapped whenever it will be to the advantage of visually handicapped minors. There shall be a summer school each year at the school for the visually handicapped for visually handicapped adults.
Effective date note
NOTE: Sub. (5) 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 Act 27, s. 9145 (1) it read:
Effective date text
(5) The state superintendent may grant approval for the maintenance of a summer school at the school for the deaf whenever it will be to the advantage of deaf persons and may grant approval for the maintenance of a summer school at the school for the visually handicapped whenever it will be to the advantage of visually handicapped minors. There shall be a summer school each year at the school for the visually handicapped for visually handicapped adults.
115.52(6)
(6) The department may make charges for meals, living quarters, laundry and other services furnished to employes of the schools and their families. The department also may make charges for services furnished to visitors at the schools and participants in training programs and institutes.
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) The state superintendent may make charges for meals, living quarters, laundry and other services furnished to employes of the schools and their families. The state superintendent also may make charges for services furnished to visitors at the schools and participants in training programs and institutes.
115.52(7)
(7) The Wisconsin school for the deaf may provide instruction for preschool deaf children and their parents. The Wisconsin school for the visually handicapped may provide instruction for preschool visually handicapped children and their parents. Such instruction or treatment shall be subject to the approval of, and shall comply with requirements established by, the department.
115.53
115.53
Department; powers. The department may:
Effective date note
NOTE: Sec. 115.53 (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
115.53 State superintendent; powers. The state superintendent may:
115.53(2)
(2) Arrange for vocational, trade or academic training for any pupil in either state school qualified to take such training advantageously, in either a public school or technical college or a private business establishment in Janesville or Delavan. The public school and the technical college shall be paid the regular tuition for full-time attendance and proportionally for part-time attendance by the school district responsible for the pupil's placement in an appropriate program under
s. 115.85 (1).
115.53(3)
(3) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the schools. The examination shall be paid for from the appropriation in
s. 20.255 (1) (b).
115.53(4)
(4) Apply to the board of directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the University of Wisconsin Hospitals and Clinics of any pupil in the state schools.
115.53(4)(a)
(a) The application shall be accompanied by the report of a physician appointed by the appropriate school superintendent and shall be in the same form as reports of other physicians for admission of patients to such hospital.
115.53(4)(b)
(b) The net cost of hospital treatment shall be at the rate established under
s. 233.40 (1) and shall be chargeable to the appropriation for operating the patient's school. The department likewise may authorize payment for the expense of transporting patients to and from the hospital. The department shall make payments for the treatment to the University of Wisconsin Hospitals and Clinics Authority. Funds collected by the department on account of the hospitalization shall be deposited in the appropriation under
s. 20.255 (1) (b) for the school concerned.
115.53 Note
NOTE: Par. (b) is shown a 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. Par. (b), as not affected by 1995 Wis. Act s. 9145 (1), reads as follows:
Effective date text
(b) The net cost of hospital treatment shall be at the rate established under s. 233.40 (1) and shall be chargeable to the appropriation for operating the patient's school. The state superintendent likewise may authorize payment for the expense of transporting patients to and from the hospital. The state superintendent shall make payments for the treatment to the University of Wisconsin Hospitals and Clinics Authority. Funds collected by the state superintendent on account of the hospitalization shall be deposited in the appropriation under s. 20.255 (1) (b) for the school concerned.
115.53(5)
(5) Arrange for visits by members of the staff of either school to other public schools or to families of blind or deaf children, whenever it appears to the department that such visits will be of advantage to blind or deaf children.
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) Arrange for visits by members of the staff of either school to other public schools or to families of blind or deaf children, whenever it appears to the state superintendent that such visits will be of advantage to blind or deaf children.
115.53(6)
(6) Charge the school district responsible for a pupil's placement in a school under this subchapter for the costs of transporting the pupil to and from the pupil's home on weekends. All fees received under this subsection shall be deposited in the appropriation under
s. 20.255 (1) (gt).
115.53 Annotation
The state superintendent does not have the authority to determine whether public schools are segregated or the authority to take enforceable action to desegregate public schools. 65 Atty. Gen. 282.
115.54
115.54
Compulsory education. If it appears, by affidavit, to any circuit judge that any blind or deaf child between the ages of 6 and 21 is deprived of a suitable education by the failure of the person having the care and custody of the child to provide a suitable education, the judge shall order the person to bring the child before the judge. If the material allegations of the affidavit are denied, the judge shall subpoena witnesses and hear testimony. If the allegations are admitted or established, the judge may order the child sent to the school for the visually handicapped or for the deaf or to some class or other school for instruction, but the order shall not make a direct charge for the class or school against any county.
115.54 History
History: 1977 c. 449.
115.55
115.55
Library for the blind and visually handicapped. Embossed, clear type or large type text books acquired by the school for the visually handicapped shall constitute a circulating collection for the blind and visually handicapped. The collection shall be kept at the school and be under the supervision of its superintendent. All blind and visually handicapped school age children of the state may use such books upon compliance with rules made by the superintendent and approved by the department.
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
115.55 Library for the blind and visually handicapped. Embossed, clear type or large type text books acquired by the school for the visually handicapped shall constitute a circulating collection for the blind and visually handicapped. The collection shall be kept at the school and be under the supervision of its superintendent. All blind and visually handicapped school age children of the state may use such books upon compliance with rules made by the superintendent and approved by the state superintendent.
115.55 History
History: 1975 c. 189;
1995 a. 27 s.
9145 (1).
115.58
115.58
Park grounds. The department may permit the city of Janesville to use portions of the grounds of the state school for the visually handicapped at Janesville, which abut on the Rock river, for purposes of operating a city park. Any construction on such grounds is subject to prior approval by the department. Any agreement pursuant hereto shall be cancelable at the option of either party without liability. Any such grounds so used by the city of Janesville shall be supervised by the city and shall be subject to the ordinances of the city of Janesville applicable to city parks.
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
115.58 Park grounds. The state superintendent may permit the city of Janesville to use portions of the grounds of the state school for the visually handicapped at Janesville, which abut on the Rock river, for purposes of operating a city park. Any construction on such grounds is subject to prior approval by the state superintendent. Any agreement pursuant hereto shall be cancelable at the option of either party without liability. Any such grounds so used by the city of Janesville shall be supervised by the city and shall be subject to the ordinances of the city of Janesville applicable to city parks.
115.58 History
History: 1995 a. 27 s.
9145 (1).
AMERICAN INDIAN LANGUAGE AND CULTURE EDUCATION PROGRAM
115.71
115.71
Definitions. In this subchapter:
115.71(1)
(1) "Alternative school" means any nonsectarian private school or tribally operated school in this state which complies with the requirements of
42 USC 2000d and in which at least 75% of the pupils enrolled are American Indians.
115.71(2)
(2) "American Indian" means any person who is:
115.71(2)(a)
(a) A member of a tribe, band or other organized group of Indians, including those tribes, bands or groups terminated since 1940, or who is a descendant in the first or 2nd degree of any such member;
115.71(2)(b)
(b) Considered by the federal government, on May 22, 1980, to be an Indian for any purpose;
115.71(2)(c)
(c) An Eskimo, Aleut or other Alaska native; or
115.71(2)(d)
(d) Determined to be an Indian under rules promulgated by the department in coordination with the board under
s. 115.28 (17) (c).
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) Determined to be an Indian under rules promulgated by the state superintendent in coordination with the board under s. 115.28 (17) (c).
115.71(3)
(3) "Board" means the American Indian language and culture education board.
115.71(4)
(4) "Home school coordinator" means a person employed by the school district to promote communication between the school and the American Indian community.
115.71(5)
(5) "Tribal education authority" means the educational authority of a tribe, band or other organized group of American Indians, which may be vested in a tribal department or division of education, a tribal school board, a tribal education committee or any similar body.
115.72
115.72
Establishment of programs. 115.72(1)
(1) Any school district enrolling American Indian pupils, or alternative school, may establish, on a voluntary basis, an American Indian language and culture education program. The program shall be designed to:
115.72(1)(a)
(a) Make the school curriculum more relevant to the needs, interests and cultural heritage of American Indian pupils.
115.72(1)(b)
(b) Provide reinforcement of the positive self-image of American Indian pupils.
115.72(1)(c)
(c) Develop intercultural awareness among pupils, parents and staff.
115.72(2)
(2) The American Indian language and culture education program may include:
115.72(2)(a)
(a) Instruction in American Indian language, literature, history and culture.
115.72(2)(b)
(b) In-service training and technical assistance for staff in regard to methods of teaching American Indian pupils.
115.72(2)(c)
(c) Vocational education and counseling for American Indian pupils.
115.72(2)(d)
(d) Modification of curriculum, instructional methods and administrative procedures to meet the needs of American Indian pupils.
115.72(2)(e)
(e) Tests of the academic achievement of the American Indian pupils enrolled.
115.72(2)(f)
(f) Identification of the educational needs of the American Indian pupils enrolled.
115.72(2)(g)
(g) Classification of American Indian pupils enrolled by grade, level of education, age and achievement.
115.72(3)
(3) The school board of a district establishing an American Indian language and culture education program may designate the school or schools in which the program shall be offered. The parent or guardian of an American Indian pupil may transfer the pupil to the school in which the program is offered, if it is in the same district, in order for the pupil to participate in the program.
