118.34(3)
(3) The department and the technical college system board shall provide technical assistance to school boards to develop technical preparation programs in each high school. Annually, the school board shall evaluate its program and report the results to the department and the technical college system board.
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) The department and the technical college system board shall provide technical assistance to school boards to develop technical preparation programs in each high school. Annually, the school board shall evaluate its program and report the results to the state superintendent and the technical college system board.
118.35
118.35
Programs for gifted and talented pupils. 118.35(1)
(1) In this section, "gifted and talented pupils" means pupils enrolled in public schools who give evidence of high performance capability in intellectual, creative, artistic, leadership or specific academic areas and who need services or activities not ordinarily provided in a regular school program in order to fully develop such capabilities.
118.35(2)
(2) The department shall by rule establish guidelines for the identification of gifted and talented pupils.
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 by rule establish guidelines for the identification of gifted and talented pupils.
118.35(3)(a)
(a) Ensure that all gifted and talented pupils enrolled in the school district have access to a program for gifted and talented pupils.
118.35(3)(b)
(b) Annually by August 15, report to the department the number of gifted and talented pupils who participated in a program under
par. (a) in the previous school year and such other information as the department requests.
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 by August 15, report to the state superintendent the number of gifted and talented pupils who participated in a program under par. (a) in the previous school year and such other information as the state superintendent requests.
118.35 History
History: 1985 a. 29;
1995 a. 27 s.
9145 (1).
118.37
118.37
Postsecondary enrollment options program. 118.37(1)(1)
Definition. In this section, "institution of higher education" means a center or institution within the university of Wisconsin system, a technical college or a private, nonprofit institution of higher education located in this state.
118.37(2)
(2) Enrollment in institution of higher education; application. 118.37(2)(a)(a) Beginning in the 1992-93 school year, any public school pupil enrolled in the 11th or 12th grade who is not attending a technical college under
s. 118.15 (1) (b) may enroll in an institution of higher education for the purpose of taking one or more nonsectarian courses at the institution of higher education, subject to
par. (b). The pupil shall submit an application to the institution of higher education in the previous school semester. The pupil shall indicate on the application whether he or she will be taking the course or courses for high school credit or postsecondary credit. The pupil shall also specify on the application that if he or she is admitted the institution of higher education may disclose the pupil's grades, the courses that he or she is taking and his or her attendance record to the public school in which the pupil is enrolled.
118.37(2)(b)
(b) Paragraph (a) applies to a private institution of higher education only if the private institution of higher education has notified the department of its intent to participate in the program under this section by September 1 of the previous school year.
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) Paragraph (a) applies to a private institution of higher education only if the private institution of higher education has notified the state superintendent of its intent to participate in the program under this section by September 1 of the previous school year.
118.37(3)
(3) Notification of school board; determination of high school credit. 118.37(3)(a)(a) A pupil who intends to enroll in an institution of higher education under this section shall notify the school board of the school district in which he or she is enrolled of that intention no later than March 1 if the pupil intends to enroll in the fall semester, and no later than October 1 if the pupil intends to enroll in the spring semester. The notice shall include the titles of the courses in which the pupil intends to enroll and the number of credits of each course, and shall specify whether the pupil will be taking the courses for high school or postsecondary credit.
118.37(3)(b)
(b) If the pupil specifies in the notice under par.
(a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s.
118.33 and the number of high school credits to award the pupil for the course, if any. The department shall develop guidelines to assist school districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the end of the semester in which it received the notice under par.
(a). If the pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the department within 30 days after the decision. The department's decision shall be final and is not subject to review under subch.
III of ch. 227.
Effective date note
NOTE: Par. (b) is shown as amended eff. 7-29-95 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) If the pupil specifies in the notice under par. (a) that he or she intends to take a course at an institution of higher education for high school credit, the school board shall determine whether the course is comparable to a course offered in the school district, and whether the course satisfies any of the high school graduation requirements under s. 118.33 and the number of high school credits to award the pupil for the course, if any. The state superintendent shall develop guidelines to assist school districts in making the determinations. The school board shall notify the pupil of its determinations, in writing, before the end of the semester in which it received the notice under par. (a). If the pupil disagrees with the school board's decision regarding comparability of courses, satisfaction of high school graduation requirements or the number of high school credits to be awarded, the pupil may appeal the school board's decision to the state superintendent within 30 days after the decision. The state superintendent's decision shall be final and is not subject to review under subch. III of ch. 227.
118.37(3m)
(3m) School district duty to offer comparable course. 118.37(3m)(a)(a) Except as provided under
par. (b), if in the current school year the number of pupils attending an institution of higher education under this section and enrolled in a course that is not comparable to a course offered in the school district is equal to or greater than the number of pupils normally required for the school board to offer a course, as determined by the school board, and the school board expects the situation to continue in the next school year, the school board shall offer the course in the next school year.
118.37(3m)(b)
(b) The department may waive the requirement under
par. (a) if the department determines that the requirement would impose too great a cost because of the lack of equipment or space.
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) The state superintendent may waive the requirement under par. (a) if he or she determines that the requirement would impose too great a cost because of the lack of equipment or space.
118.37(4)
(4) Admission to institution of higher education; notification. 118.37(4)(a)(a) An institution of higher education may admit a pupil under this section only if it has space available. A pupil may attend a technical college under this section only if he or she is a resident of this state.
118.37(4)(am)
(am) A pupil may attend an institution of higher education under this section only if the institution of higher education complies with
s. 118.13 (1).
118.37(4)(b)
(b) If an institution of higher education admits a pupil, it shall notify the school board of the school district in which the pupil is enrolled, in writing, within 30 days after the beginning of classes at the institution of higher education. The notification shall include the course or courses in which the pupil is enrolled.
118.37(4)(c)
(c) If a pupil is not admitted to attend the course that he or she specified in the notice under
sub. (3) (a) but is admitted to attend a different course, the pupil shall immediately notify the school board of the school district in which he or she is enrolled and the school board shall inform the pupil of its determinations under
sub. (3) (b) regarding the course to which the pupil was admitted as soon as practicable.
118.37(4)(d)
(d) A pupil taking one or more courses for high school credit at an institution of higher education under this section may not take more than the equivalent of 15 credit hours in any academic semester.
118.37(5)
(5) Payment. Within 30 days after the end of the semester, the school board of the school district in which a pupil attending an institution of higher education under this section is enrolled shall pay the institution of higher education, on behalf of the pupil, the following amount for any course that is taken for high school credit and that is not comparable to a course offered in the school district:
118.37(5)(a)
(a) If the pupil is attending a center or institution within the university of Wisconsin system, the actual cost of tuition, fees, books and other necessary materials directly related to the course.
118.37(5)(b)
(b) If the student is attending a technical college, the actual cost of tuition, fees, books and other necessary materials directly related to the course.
118.37(5)(c)
(c) If the pupil is attending a private institution of higher education, the lesser of the following:
118.37(5)(c)1.
1. The actual cost of tuition, fees, books and other necessary materials directly related to the course.
118.37(5)(c)2.
2. An amount determined by dividing the state total net cost of the general fund in the previous school year by the state total membership in the previous school year, dividing that quotient by the statewide average number of high school credits taken by full-time pupils in the previous school year, as determined by the department, and multiplying that quotient by the number of high school credits taken by the pupil at the private institution of higher education, as determined under
sub. (3) (b). In this subdivision, "net cost" has the meaning given in
s. 121.004 (6), and "membership" has the meaning given in
s. 121.004 (5).
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. An amount determined by dividing the state total net cost of the general fund in the previous school year by the state total membership in the previous school year, dividing that quotient by the statewide average number of high school credits taken by full-time pupils in the previous school year, as determined by the state superintendent, and multiplying that quotient by the number of high school credits taken by the pupil at the private institution of higher education, as determined under sub. (3) (b). In this subdivision, "net cost" has the meaning given in s. 121.004 (6), and "membership" has the meaning given in s. 121.004 (5).
118.37(6)
(6) Responsibility of pupil for tuition and fees. 118.37(6)(a)(a) A pupil taking a course at an institution of higher education for high school credit under this section is not responsible for any portion of the tuition and fees for the course if the school board, or the department on appeal under
sub. (3) (b), has determined that the course is not comparable to a course offered in the school district.
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 pupil taking a course at an institution of higher education for high school credit under this section is not responsible for any portion of the tuition and fees for the course if the school board, or the state superintendent on appeal under sub. (3) (b), has determined that the course is not comparable to a course offered in the school district.
118.37(6)(b)
(b) A pupil taking a course at an institution of higher education for high school credit under this section is responsible for the tuition and fees for the course if the school board has determined that the course is comparable to a course offered in the school district, unless the department reverses the school board's decision on appeal under
sub. (3) (b).
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 pupil taking a course at an institution of higher education for high school credit under this section is responsible for the tuition and fees for the course if the school board has determined that the course is comparable to a course offered in the school district, unless the state superintendent reverses the school board's decision on appeal under sub. (3) (b).
118.37(6)(c)
(c) A pupil taking a course at an institution of higher education for postsecondary credit under this section is responsible for the tuition and fees for the course.
118.37(7g)
(7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education under this section and is taking a course for high school credit that is not comparable to a course offered in the school district may apply to the department for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The department shall determine the reimbursement amount and shall pay the amount from the appropriation under
s. 20.255 (2) (cw). The department shall give preference under this subsection to those pupils who are eligible for a free or reduced-price lunch under
42 USC 1758 (b).
Effective date note
NOTE: Sub. (7g) 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
(7g) Transportation. The parent or guardian of a pupil who is attending an institution of higher education under this section and is taking a course for high school credit that is not comparable to a course offered in the school district may apply to the state superintendent for reimbursement of the cost of transporting the pupil between the high school in which the pupil is enrolled and the institution of higher education that the pupil is attending if the pupil and the pupil's parent or guardian are unable to pay the cost of such transportation. The state superintendent shall determine the reimbursement amount and shall pay the amount from the appropriation under s. 20.255 (2) (cw). The state superintendent shall give preference under this subsection to those pupils who are eligible for a free or reduced-price lunch under 42 USC 1758 (b).
118.37(8)
(8) Program information. Annually by October 1, each school board shall provide information about the program under this section to all pupils enrolled in the school district in the 9th, 10th and 11th grades.
118.37(9)
(9) Rules. The department shall promulgate rules to implement and administer this section, including rules establishing criteria for determining reimbursement amounts under
sub. (7g).
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) Rules. The state superintendent shall promulgate rules to implement and administer this section, including rules establishing criteria for determining reimbursement amounts under sub. (7g).
118.38
118.38
Waivers of laws and rules. 118.38(1)(a)(a) A school board may request the department to waive any school board or school district requirement in
chs. 115 to
121 or in the administrative rules promulgated by the department under the authority of those chapters, except for statutes or rules related to any of the following:
118.38(1)(a)7.
7. Licensure or certification under
s. 115.28 (7) or
(7m) other than the licensure of the school district administrator or business manager.
118.38(1)(b)
(b) Before requesting a waiver, the school board shall hold a public hearing in the school district on the request.
118.38(1m)
(1m) The school board shall specify in its request for a waiver its reason for requesting the waiver.
118.38(2)
(2) In determining whether to grant the waiver, the department shall consider all of the following factors and may consider additional factors:
118.38(2)(a)
(a) Whether the requirement impedes progress toward achieving a local improvement plan developed under sec. 309 (a) (3) of
P.L. 103-227.
118.38(2)(b)
(b) If the school board has adopted educational goals for the school district, whether the requirement impedes progress toward achieving the goals.
118.38(2m)
(2m) Beginning on January 1, 1996, a school board shall submit a request for a waiver to the secretary. If the secretary denies a waiver, the school board may, within 30 days after the denial, appeal the denial to the commission. The commission shall issue a decision on the appeal within 30 days after receiving the appeal.
118.38(3)
(3) A waiver is effective for 4 years. The secretary shall renew the waiver for additional 4-year periods if the school board has evaluated the educational and financial effects of the waiver over the previous 4-year period, except that the secretary is not required to renew a waiver if the secretary determines that the school district is not making adequate progress toward improving pupil academic performance.
118.38(4)
(4) By July 1, 2000, the department shall submit a report to the governor, and to the appropriate standing committees of the legislature under
s. 13.172 (3). The report shall specify the number of waivers requested under this section, a description of each waiver request, the reason given for each waiver request and the educational and financial effects on the school district of each waiver that was granted.
118.38 History
History: 1995 a. 27.
118.40
118.40
Charter schools. 118.40(1)(1)
Notice to department. Whenever a school board intends to establish a charter school, it shall notify the department of its intention. The notice shall include a description of the proposed school.
Effective date note
NOTE: Sub. (1) 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, s. 9145 (1), it read:
Effective date text
(1) Notice to state superintendent. Whenever a school board intends to establish a charter school, it shall notify the state superintendent of its intention. The notice shall include a description of the proposed school.
118.40(1m)(a)(a) A written petition requesting the school board to establish a charter school under this section may be filed with the school district clerk. The petition shall be signed by at least 10% of the teachers employed by the school district or by at least 50% of the teachers employed at one school of the school district.
118.40(1m)(b)
(b) The petition shall include all of the following:
118.40(1m)(b)1.
1. The name of the person who is seeking to establish the charter school.
