119.18(20)
(20) Diplomas. The board may grant diplomas in testimony of the completion of high school or special education requirements, including the requirements of special schools established under
s. 119.28 and special classes, centers or services established under
s. 115.83.
119.18(21)
(21) Rules on conduct and dress. The board may establish rules pertaining to conduct and dress of pupils in order to maintain good decorum and a favorable academic atmosphere.
119.18(22)
(22) Records custodian. On behalf of any school district authority as defined in
s. 19.32 (1), including the board, school district officers and any subunit of the board or school district, designate one or more persons to be legal custodians of records.
119.18(23)
(23) School closings. The board may close any school that it determines is low in performance by adopting a resolution to that effect. If the superintendent of schools recommends to the board that a school be closed, he or she shall state the reasons for the recommendation in writing. If the board closes a school, the superintendent of schools may reassign the school's staff members without regard to seniority in service. If the board reopens the school, the superintendent of schools may reassign staff members to the school without regard to seniority in service.
119.19
119.19
Released time for religious instruction. 119.19(1)
(1) The board may permit a pupil, with the written permission of the pupil's parent or guardian, to be absent from school for up to 180 minutes per week to obtain religious instruction outside the school during the required school period. The board shall determine periods allotted for the pupil to be absent from school for the purpose of religious instruction. Monthly, the supervisor of the religious instruction shall report the names of the pupils who attended such weekly religious instruction to the principal of the school that the pupil regularly attends. The board may withdraw permission to be absent from school if a pupil does not attend the religious instruction.
119.19(2)
(2) The board is not responsible for transporting a pupil to or from religious instruction under
sub. (1).
119.19(3)
(3) The board is released from all liability for a pupil who is absent from school under
sub. (1).
119.19 History
History: 1989 a. 267.
119.22
119.22
Sex discrimination in physical education or physical training prohibited. Courses in physical education or physical training may not discriminate on the basis of sex in the provision of necessary facilities, equipment, instruction or financial support, or the opportunity to participate in any physical education or training activity as provided in
20 USC 1681 et seq.
119.23
119.23
Milwaukee parental choice program. 119.23(2)(a)(a) Subject to
par. (b), beginning in the 1990-91 school year, any pupil in grades kindergarten to 12 who resides within the city may attend, at no charge, any private school located in the city if all of the following apply:
119.23(2)(a)1.
1. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.75 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.
119.23(2)(a)2.
2. In the previous school year the pupil was enrolled in the school district operating under this chapter, was attending a private school under this section, was enrolled in grades kindergarten to 3 in a private school located in the city other than under this section or was not enrolled in school.
119.23(2)(a)3.
3. The private school notified the department of its intent to participate in the program under this section by May 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space.
Effective date note
NOTE: Subd. 3. 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
3. The private school notified the state superintendent of its intent to participate in the program under this section by May 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space.
119.23(2)(a)5.
5. The private school meets all health and safety laws or codes that apply to public schools.
119.23(2)(b)
(b) In the 1995-96 school year, no more than 7% of the school district's membership may attend private schools under this section. Beginning in the 1996-97 school year, no more than 15% of the school district's membership may attend private schools under this section. If in any school year there are more spaces available in the participating private schools than the maximum number of pupils allowed to participate, the department shall prorate the number of spaces available at each participating private school.
119.23(3)(a)(a) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the department, to the participating private school that the pupil wishes to attend. Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. The department shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis.
Effective date note
NOTE: Par. (a) 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
(a) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis.
119.23(3)(b)
(b) If the private school rejects an applicant because it has too few available spaces, the pupil may transfer his or her application to a participating private school that has space available.
119.23(4)
(4) Upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school, the department shall pay to the parent or guardian, from the appropriation under
s. 20.255 (2) (fu), an amount equal to the total amount to which the school district is entitled under
s. 121.08 divided by the school district membership, or an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, whichever is less. The department shall pay 25% of the total amount in September, 25% in November, 25% in February and 25% in May. The department shall send the check to the private school. The parent or guardian shall restrictively endorse the check for the use of the private school.
Effective date note
NOTE: Sub. (4) 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
(4) Upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school, the state superintendent shall pay to the parent or guardian, from the appropriation under s. 20.255 (2) (fu), an amount equal to the total amount to which the school district is entitled under s. 121.08 divided by the school district membership, or an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, whichever is less. The state superintendent shall pay 25% of the total amount in September, 25% in November, 25% in February and 25% in May. The department shall send the check to the private school. The parent or guardian shall restrictively endorse the check for the use of the private school.
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) The state superintendent shall:
119.23(5)(a)
(a) Annually reduce the aid paid to the board under
s. 121.08 by an amount determined as follows:
119.23(5)(a)1.
1. Divide the total amount to which the school district is entitled under
s. 121.08 by the school district membership.
119.23(5)(a)2.
2. Multiply the quotient under
subd. 1. by the number of pupils attending private schools under this section.
119.23(5)(b)
(b) Ensure that aid paid to other school districts under
s. 121.08 is neither reduced nor increased as a result of the payments under
sub. (4) or the reduction in aid to the board under
par. (a) and that the amount of the aid reduction under
par. (a) lapses to the general fund.
119.23(5)(c)
(c) Ensure that pupils and parents and guardians of pupils who reside in the city are informed annually of the private schools participating in the program under this section.
119.23(6)
(6) The board shall provide transportation to pupils attending a private school under this section if required under
s. 121.54 and may claim transportation aid under
s. 121.58 for pupils so transported.
119.23(7)(a)(a) Each private school participating in the program under this section shall meet at least one of the following standards:
119.23(7)(a)1.
1. At least 70% of the pupils in the program advance one grade level each year.
119.23(7)(a)2.
2. The private school's average attendance rate for the pupils in the program is at least 90%.
119.23(7)(a)3.
3. At least 80% of the pupils in the program demonstrate significant academic progress.
119.23(7)(a)4.
4. At least 70% of the families of pupils in the program meet parent involvement criteria established by the private school.
119.23(7)(am)
(am) Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department and annually shall submit to the department an independent financial audit of the private school.
119.23(7)(b)
(b) The department shall monitor the performance of the pupils attending private schools under this section. If the department determines in any school year that the private school is not meeting at least one of the standards under
par. (a), that private school may not participate in the program under this section in the following 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) The state superintendent shall monitor the performance of the pupils attending private schools under this section. If the state superintendent determines in any school year that the private school is not meeting at least one of the standards under par. (a), that private school may not participate in the program under this section in the following school year.
119.23(7)(c)
(c) A private school may not require a pupil attending the private school under this section to participate in any religious activity if the pupil's parent or guardian submits to the pupil's teacher or the private school's principal a written request that the pupil be exempt from such activities.
119.23(8)
(8) There is created a pupil assignment council composed of one representative from each private school participating in the program under this section. Annually by June 30, the council shall make recommendations to the participating private schools to achieve, to the extent possible, a balanced representation of pupils participating in the program under this section.
119.23(9)
(9) The legislative audit bureau shall perform a financial and performance evaluation audit on the program under this section. The bureau shall submit copies of the audit report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3) by January 15, 2000.
119.23 Annotation
Constitutionality upheld. Davis v. Grover, 166 W (2d) 501, 480 NW (2d) 460 (1992).
119.23 Annotation
This section does not deny equal access to government benefits by excluding religious schools from the school choice program; expansion of the program to include religious schools would violate the establishment clause. Miller v. Benson, 878 F Supp. 1209 (1995).
119.23 Annotation
Milwaukee Parental Choice Program Upheld. Beard. 75 MLR 673 (1992).
119.23 Annotation
The Constitutional Implications of School Choice. 1992 WLR 459.
119.235
119.235
Contracts with private schools and agencies. 119.235(1)(1) The board may contract with any nonsectarian private school located in the city or any nonsectarian private agency located in the city to provide educational programs to pupils enrolled in the school district operating under this chapter. The board shall ensure that each private school or agency under contract with the board complies with
ss. 118.125 and
118.13,
20 USC 1232g,
20 USC 1681 to
1688,
20 USC 3171 to
3197,
29 USC 794,
42 USC 2000d and
42 USC 6101 to
6107, and all health and safety laws and rules that apply to public schools.
119.235(2)
(2) Each private school or agency under contract with the board shall do all of the following:
119.235(2)(b)
(b) Participate in the board's parent information program.
119.235(2)(c)
(c) Offer diverse opportunities for parents to participate in the school's programs.
119.235(2)(d)
(d) Meet insurance and financial requirements established by the board.
119.235(2)(e)
(e) Develop a pupil recruitment and enrollment plan that incorporates all of the following:
119.235(2)(e)2.
2. A pupil selection process that gives preference to the siblings of enrolled pupils and that gives no other preferences except those approved by the board.
119.235(2)(e)3.
3. A statement describing how the plan will serve the needs of low-academic achievers and pupils from low-income families.
119.235(2)(f)
(f) Report to the board any information requested by the board.
119.235(3)
(3) Any pupil enrolled in the school district operating under this chapter may attend, at no charge, any private school or agency with which the board has contracted under
sub. (1) if space is available in the private school or agency.
119.235(4)
(4) The board shall establish appropriate, quantifiable performance standards for pupils at each private school or agency with which it contracts in such areas as attendance, reading achievement, pupil retention, pupil promotion, parent surveys, credits earned and grade point average.
119.235(5)
(5) Annually, the board shall monitor the performance of the program under this section. The board may use the results of standardized basic educational skills tests to do so. The board shall include a summary of its findings in its annual report to the state superintendent under
s. 119.44.
119.235 History
History: 1995 a. 27.
119.24
119.24
Admission of pupils. Each school under the jurisdiction of the board shall be open to pupils residing within the attendance district established for that school under
s. 119.16 (2). A pupil residing in any such district may attend a school in another district with the written permission of the superintendent of schools.
119.24 History
History: 1985 a. 29.
119.25
119.25
Expulsion of pupils. 119.25(1)(1) The board may adopt a resolution, which is effective only during the school year in which it is adopted, authorizing any of the following to determine pupil expulsion from school under
sub. (2) instead of using the procedure under
s. 120.13 (1) (c):
119.25(1)(a)
(a) An independent hearing panel appointed by the board.
119.25(1)(b)
(b) An independent hearing officer appointed by the board.
119.25(2)(a)(a) During any school year in which a resolution adopted under
sub. (1) is effective, the independent hearing officer or independent hearing panel appointed by the board:
119.25(2)(a)1.
1. May expel a pupil from school whenever the hearing officer or panel finds that the pupil engaged in conduct that constitutes grounds for expulsion under
s. 120.13 (1) (c) 1. or
2.
119.25(2)(a)2.
2. Shall commence proceedings under
par. (b) and expel a pupil from school for not less than one year whenever the hearing officer or panel finds that the pupil engaged in conduct that constitutes grounds for expulsion under
s. 120.13 (1) (c) 2m.
119.25(2)(b)
(b) No administrator may be designated to participate in an expulsion hearing if he or she was involved in the incident that led to the expulsion proceeding. Prior to expelling a pupil, the hearing officer or panel shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian, may be represented at the hearing by counsel. The hearing officer or panel shall keep a full record of the hearing. The hearing officer or panel shall inform each party of the right to a complete record of the proceeding. Upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the pupil and, if the pupil is a minor, the pupil's parent or guardian. Upon the ordering by the hearing officer or panel of the expulsion of a pupil, the school district shall mail a copy of the order to the board, the pupil and, if the pupil is a minor, the pupil's parent or guardian. A school board, hearing officer or panel may disclose the transcript to the parent or guardian of an adult pupil, if the adult pupil is a dependent of his or her parent or guardian under section
152 of the internal revenue code. Within 30 days after the date on which the order is issued, the board shall review the expulsion order and shall, upon review, approve, reverse or modify the order. The order of the hearing officer or panel shall be enforced while the board reviews the order. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the board's decision to the department. If the board's decision is appealed to the department, within 60 days after the date on which the department receives the appeal, the department shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the board shall be enforced while the department reviews the decision. An appeal from the decision of the department may be taken within 30 days to the circuit court for the county in which the school is located.
119.25 Note
NOTE: Sub. (2) is shown as affected by four acts of the 1995 legislature. The treatment by Act 27, s. 9145 (1), which changed "state superintendent" to "department," was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. The treatments by Acts 32, 75 and 235 are not affected by the Thompson v. Craney ruling.
119.25(2)(c)
(c) Not less than 5 days' written notice of the hearing under
par. (b) shall be sent to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The notice shall include all of the information specified in
s. 120.13 (1) (e) 4.
