120.11 History
History: 1979 c. 141,
173;
1983 a. 27,
339.
120.12
120.12
School board duties. The school board of a common or union high school district shall:
120.12(1)
(1) Management of school district. Subject to the authority vested in the annual meeting and to the authority and possession specifically given to other school district officers, have the possession, care, control and management of the property and affairs of the school district, except for property of the school district used for public library purposes under
s. 43.52.
120.12(2)
(2) General supervision. Visit and examine the schools of the school district, advise the school teachers and administrative staff regarding the instruction, government and progress of the pupils and exercise general supervision over such schools.
120.12(3)
(3) Tax for operation and maintenance. 120.12(3)(a)(a) On or before November 1, determine the amount necessary to be raised to operate and maintain the schools of the school district and public library facilities operated by the school district under
s. 43.52, if the annual meeting has not voted a tax sufficient for such purposes for the school year. On or before November 6, the school district clerk shall certify the appropriate amount so determined to each appropriate municipal clerk who shall assess the amount certified and enter it on the tax rolls as other school district taxes are assessed and entered.
120.12(3)(b)
(b) If a tax sufficient to operate and maintain the schools of a school district for the ensuing school year has not been determined, certified and levied prior to the effective date of school district reorganization under
ch. 117 affecting any territory of the school district, the school board of the affected school district shall determine, on or before the November 1 following the effective date of the reorganization, the amount of deficiency in operation and maintenance funds on the effective date of the reorganization which should have been paid by the property in the affected school district if the tax had been determined, certified and assessed prior to the effective date of the reorganization. On or before November 6, the school district clerk shall certify the appropriate amount to each appropriate municipal clerk who shall assess, enter and collect the amount as a special tax on the property. This paragraph does not affect the apportionment of assets and liabilities under
s. 66.03.
120.12(3)(c)
(c) If on or before November 1 the school board determines that the annual meeting has voted a tax greater than that needed to operate the schools of the school district for the school year, the school board may lower the tax voted by the annual meeting. On or before November 6, the school district clerk shall certify the appropriate amount so determined to each appropriate municipal clerk who shall assess the amount certified to him or her and enter it on the tax rolls in lieu of the amount previously reported.
120.12(3)(d)
(d) If on or before November 1 the school board determines that the annual meeting has voted a tax that would violate the limit under
subch. VII of ch. 121, the school board shall lower the tax to bring it into compliance with that limit.
120.12(4)
(4) Tax for debt retirement. On or before November 1, determine the amount necessary to meet any irrepealable tax obligations or other financial commitments of the school district not otherwise provided for. The school district clerk shall certify the amount apportioned to each appropriate municipal clerk who shall include the amount certified and enter it on the tax rolls as other school district taxes are assessed and entered.
120.12(5)
(5) Repair of school buildings. Keep the school buildings and grounds in good repair, suitably equipped and in safe and sanitary condition at all times. The school board shall establish an annual building maintenance schedule.
120.12(6)
(6) Insurance on school property. Keep the school buildings, equipment and other property amply insured. If there are no funds in the school district treasury sufficient to pay the premium, the school board may execute a note for that purpose.
120.12(7)
(7) Depository. Designate one or more public depositories in which the money belonging to the school district shall be deposited and specify whether the moneys shall be maintained in time deposits subject to the limitations of
s. 66.04 (2), demand deposits or savings deposits. When the money is so deposited in the name of the school district, the school district treasurer and bondsmen are not liable for any loss as defined in
s. 34.01 (2). The interest on such deposits shall be paid into the school district treasury.
120.12(8)
(8) Inventory. Annually make an inventory of the school district property.
120.12(9)
(9) Discussion of public questions. Upon the written application of one-half of the electors of the school district, allow the use of the school buildings or grounds for the free discussion of public questions so far as such use does not interfere, in the opinion of the school board, with the prime purpose of the school buildings or grounds.
120.12(10)
(10) Citizen associations. If the citizens of any community are organized into a nonpartisan, nonsectarian, nonexclusive association for the discussion of public questions or for the promotion of public health by instruction in physical culture and hygiene or by physical exercises, grant to such association the use, when not being used for its prime purpose, of a school building or other school district property which is capable of being used in the work of such association, provide free of charge any necessary light, heat and janitor service and make such other provisions as are necessary for the free and convenient use of such school buildings or property by the association at such times as the association designates. All such gatherings shall be free to the public.
120.12(11)
(11) Indigent children. Provide books and school supplies for indigent children residing in the school district.
120.12(12)
(12) Sanitary facilities. Provide and maintain enough suitable and separate toilets and other sanitary facilities for both sexes at each school.
120.12(13)
(13) Mail box. Provide and maintain a mail box for each school of the school district located on a rural mail route.
120.12(14)
(14) Course of study. Determine the school course of study, with the advice of the department.
Effective date note
NOTE: Sub. (14) 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
(14) Course of study. Determine the school course of study, with the advice of the state superintendent.
120.12(15)
(15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in
s. 115.01 (10), shall be held during the school term. This subsection shall not be construed to eliminate a school district's duty to bargain with the employe's collective bargaining representative over any calendaring proposal which is primarily related to wages, hours and conditions of employment.
120.12(16)(a)(a) In cooperation with local health departments, as defined in
s. 250.01 (4), develop and implement a plan to encourage compliance with
par. (b) and
s. 252.04 (2) and submit the plan to the department of health and family services by September 1, 1991, and annually thereafter.
120.12(16)(b)
(b) Require each student to present evidence of completed basic and recall (booster) series immunizations unless the student, if an adult, or the parent, guardian or legal custodian of a minor student submits a written waiver to the school board under
s. 252.04 (3).
120.12(17)
(17) University of Wisconsin system tuition. Pay the tuition of any pupil enrolled in the school district and attending a center or institution within the university of Wisconsin system if the pupil is not participating in the program under
s. 118.37, the course the pupil is attending at the university is not offered in the school district and the pupil will receive high school credit for the course.
120.12(18)
(18) Continuity of educational programming. Coordinate and provide for continuity of educational programming for pupils receiving educational services as the result of a court order under
s. 48.345 (12) or
938.34 (7d), including but not limited to providing a report to the court assigned to exercise jurisdiction under
chs. 48 and
938 and the agency which is required to submit an educational plan for a child under
s. 48.33 or
938.33 (1) (e). The report shall describe the child's educational status and make recommendations regarding educational programming for the child. The report shall be in writing, except that if the educational plan under
s. 938.33 (1) (e) is presented orally at the dispositional hearing the report may be presented orally to the court assigned to exercise jurisdiction under
chs. 48 and
938 and the agency at the dispositional hearing. If written, the report shall be provided to the court assigned to exercise jurisdiction under
chs. 48 and
938 and the agency at least 3 days before the date of the child's dispositional hearing.
120.12(19)
(19) Integrated service program. If the county board of supervisors establishes an integrated service program for children with severe disabilities under
s. 59.53 (7), participate in an integrated service program for children with severe disabilities under
s. 59.53 (7) and may enter into written interagency agreements or contracts under the program.
120.12(20)
(20) Prohibition of tobacco. Prohibit the use of all tobacco products on premises owned or rented by, or under the control of, a school board, except that the school board may allow the use of tobacco products on premises owned by the school district and rented to another person for noneducational purposes.
120.12(21)
(21) Consideration of effects on historic properties. 120.12(21)(a)(a) In the earliest stage of planning any action related to the following, determine if its proposed action will affect any historic property that is a listed property, as defined under
s. 44.31 (4), or that is on the list of locally designated historic places under
s. 44.45:
120.12(21)(b)
(b) Notify the state historic preservation officer of any proposed action that the school board determines under
par. (a) would affect any historic property.
120.12(22)
(22) Advanced placement examinations. Pay the costs of advanced placement examinations taken by pupils enrolled in the school district who are eligible for free or reduced-price lunches in the federal school lunch program under
42 USC 1758.
120.12(23)
(23) Pupil participation in school activities. Annually, adopt a policy on access to extracurricular and recreational school programs and activities that encourages full participation by all elementary grade pupils in these programs and activities. This subsection does not apply to the school board of a union high school district.
120.12(24)
(24) Health care benefits. Prior to the selection of any group health care benefits provider for school district professional employes, as defined in
s. 111.70 (1) (ne), solicit sealed bids for the provision of such benefits.
120.12 History
History: 1973 c. 61,
90;
1975 c. 180,
421;
1977 c. 206,
418;
1979 c. 301,
318,
334;
1983 a. 189 s.
329 (21);
1985 a. 29,
218,
225;
1987 a. 285;
1989 a. 31,
114,
209,
264,
359;
1991 a. 39,
269;
1993 a. 16,
27,
437;
1995 a. 27 ss.
4022r,
4023m,
9126 (19),
9145 (1);
1995 a. 77,
201.
120.12 Annotation
See note to 62.25, citing Joint School Dist. No. 1 v. City of Chilton, 78 W (2d) 52, 253 NW (2d) 879.
120.12 Annotation
Under (3) school board of common or union high school district has ultimate authority to determine tax levy for operation and maintenance of schools in district.
79 Atty. Gen. 46.
120.12 Annotation
School boards have authority to enforce policies which mandate the manner, conditions and content of police interviews with students on school premises during school hours.
81 Atty. Gen. 126.
120.12 Annotation
Individual school board members are not liable for failure to supervise district employes. Callaway v. Hafeman, 628 F Supp. 1478 (1985).
120.125
120.125
Before- and after-school day care. 120.125(1)
(1) In this section, "before- and after-school day care program" means a program which provides day care services before school, after school or both before and after school.
120.125(2)(a)(a) A school board shall permit a day care provider who has submitted a request which meets all of the requirements under
sub. (3) to administer a before- and after-school day care program in any elementary school within the school district unless:
120.125(2)(a)1.
1. There is a limitation of reasonably available space within the elementary school;
120.125(2)(a)2.
2. The school board has previously accepted a request which was submitted under this subsection;
120.125(2)(a)3.
3. Before- and after-school day care programs exist in the elementary school;
120.125(2)(a)4.
4. The school board intends to provide before- and after-school day care services in the elementary school;
120.125(2)(b)
(b) The school board may deny a request under
par. (a) 6. if the school board intends to solicit day care providers to submit requests to provide before- and after-school day care programs in the elementary school for which a request under
par. (a) was submitted. If a school board denies a request under this paragraph, the request submitted under
par. (a) shall be considered along with requests that are submitted as a result of the school board solicitation.
120.125(2)(c)
(c) If a school board denies a request under
par. (a) or
(b), the school board shall specify the reasons for denial, in writing, to the day care provider within 60 days after the date on which the request is received.
120.125(3)(a)(a) A request submitted to a school board under
sub. (2) shall be in writing, name the elementary school in which the before- and after-school day care program is to be provided and shall specify the amount of space needed, the number and ages of the pupils to be served and the time the provider intends to operate the program. The request shall also contain all of the following assurances:
120.125(3)(a)1.
1. That the day care provider will be responsible for all actual incremental costs incurred by the school as a result of permitting the day care provider to provide a before- and after-school day care program in the school building.
120.125(3)(a)2.
2. That the day care provider will be liable to the school district for any damage to property in the operation of the before- and after-school day care program, that the day care provider shall hold the school district harmless from any liability, claim or damages caused by the acts or omissions of the day care provider, and that the day care provider will acquire adequate insurance coverage, as determined by the school district.
120.125(3)(a)3.
3. That the day care provider will not provide religious instruction or permit religious practices to be conducted during the before- and after-school day care program.
120.125(3)(b)
(b) A school board shall conditionally grant a request submitted by a day care provider if all the requirements under
par. (a) are met and
sub. (2) (a) 1. to
6. and
(b) does not apply.
120.125(4)
(4) If a request under
sub. (3) is conditionally accepted by the school board, the school board shall enter into a written agreement with the day care provider that specifies the hours during the day in which the day care provider is to occupy the school premises and the rooms, facilities or equipment that are to be used by the day care provider. The agreement shall also provide all of the following:
120.125(4)(a)
(a) Except as provided under
s. 121.545 (2), that the school board is not responsible for providing transportation to or from the before- and after-school day care program.
120.125(4)(b)
(b) That nothing in the agreement would prohibit the school board from permitting other day care providers to provide day care services to pupils in the same building during the same time and that nothing in the agreement would prohibit the school district from providing before- and after-school day care programs in the same building and during the same time in which the day care provider provides before- and after-school day care programs.
120.125(4)(c)
(c) That the agreement may be terminated by the school board at the end of a school year if the school board intends to provide day care for the pupils in the elementary school or intends to solicit other day care providers to provide services during the following school year.
120.125(4)(d)
(d) That the school board may review and terminate the agreement at any time, with 30 days' prior written notice to the day care provider, if any of the conditions in the agreement are violated by the day care provider.
120.125(4)(e)
(e) That the day care provider shall be responsible for all actual costs incurred by the school district as a result of the agreement, the costs of which shall be paid to the school district at times specified by the school board in the agreement.
120.125(4)(f)
(f) That the day care provider shall be liable to the school district for any damage to property in the operation of the before- and after-school day care program, that the day care provider shall hold the school district harmless from any liability, claim or damages caused by the acts or omissions of the day care provider, and that the day care provider shall acquire adequate insurance, as determined by the school district, to be in effect beginning the first day on which the day care provider provides the before- and after-school day care program.
120.125(4)(g)
(g) That the day care provider shall not provide religious instruction or permit religious practices to be conducted during the before- and after-school day care program.
120.125(4)(h)
(h) That the day care provider shall meet the standards for licensed day care centers established by the department of health and family services.
120.13
120.13
School board powers. The school board of a common or union high school district may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupils, and including all of the following:
120.13(1)
(1) School government rules; suspension; expulsion. 120.13(1)(a)(a) Make rules for the organization, gradation and government of the schools of the school district, including rules pertaining to conduct and dress of pupils in order to maintain good decorum and a favorable academic atmosphere, which shall take effect when approved by a majority of the school board and filed with the school district clerk.
120.13(1)(b)
(b) The school district administrator or any principal or teacher designated by the school district administrator also may make rules, with the consent of the school board, and may suspend a pupil for not more than 5 school days or, if a notice of expulsion hearing has been sent under
par. (c) 4 or
(e) 4. or
s. 119.25 (2) (c), for not more than a total of 15 consecutive school days for noncompliance with such rules or school board rules, or for knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or for conduct by the pupil while at school or while under the supervision of a school authority which endangers the property, health or safety of others, or for conduct while not at school or while not under the supervision of a school authority which endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled. Prior to any suspension, the pupil shall be advised of the reason for the proposed suspension. The pupil may be suspended if it is determined that the pupil is guilty of noncompliance with such rule, or of the conduct charged, and that the pupil's suspension is reasonably justified. The parent or guardian of a suspended minor pupil shall be given prompt notice of the suspension and the reason for the suspension. The suspended pupil or the pupil's parent or guardian may, within 5 school days following the commencement of the suspension, have a conference with the school district administrator or his or her designee who shall be someone other than a principal, administrator or teacher in the suspended pupil's school. If the school district administrator or his or her designee finds that the pupil was suspended unfairly or unjustly, or that the suspension was inappropriate, given the nature of the alleged offense, or that the pupil suffered undue consequences or penalties as a result of the suspension, reference to the suspension on the pupil's school record shall be expunged. Such finding shall be made within 15 days of the conference. A pupil suspended under this paragraph shall not be denied the opportunity to take any quarterly, semester or grading period examinations or to complete course work missed during the suspension period, as provided in the attendance policy established under
s. 118.16 (4) (a).
120.13(1)(bm)
(bm) The school district administrator or any principal or teacher designated by the school district administrator shall suspend a pupil under
par. (b) if the school district administrator, principal or teacher determines that the pupil, while at school or while under the supervision of a school authority, possessed a firearm, as defined in
18 USC 921 (a) (3).
120.13(1)(c)1.1. The school board may expel a pupil from school whenever it finds the pupil guilty of repeated refusal or neglect to obey the rules, or finds that a pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or finds that the pupil engaged in conduct while at school or while under the supervision of a school authority which endangered the property, health or safety of others, or finds that a pupil while not at school or while not under the supervision of a school authority engaged in conduct which endangered the property, health or safety of others at school or under the supervision of a school authority or endangered the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled, and is satisfied that the interest of the school demands the pupil's expulsion.
120.13(1)(c)2.
2. In addition to the grounds for expulsion under
subd. 1., the school board may expel from school a pupil who is at least 16 years old if the school board finds that the pupil repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an activity supervised by a school authority and that such conduct does not constitute grounds for expulsion under
subd. 1., and is satisfied that the interest of the school demands the pupil's expulsion.
120.13(1)(c)2m.
2m. The school board shall commence proceedings under
subd. 3. and expel a pupil from school for not less than one year whenever it finds that the pupil, while at school or while under the supervision of a school authority, possessed a firearm, as defined in
18 USC 921 (a) (3). Annually, the school board shall report to the department the information specified under
20 USC 8921 (d) (1) and (2).
120.13(1)(c)3.
3. Prior to expelling a pupil, the school board 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 school board shall keep written minutes of the hearing. Upon the ordering by the school board of the expulsion of a pupil, the school district clerk shall mail a copy of the order to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the expulsion to the department. If the school 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 school 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 of the county in which the school is located.
120.13 Note
NOTE: Subd. 3. is shown as affected by
1995 Wis. Act 27, s.
9145 (1), and
1995 Wis. Acts 32,
75 and
235. 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.
120.13(1)(c)4.
4. Not less than 5 days' written notice of the hearing under
subd. 3. shall be sent to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The notice shall state all of the following:
120.13(1)(c)4.a.
a. The specific grounds, under
subd. 1.,
2. or
2m., and the particulars of the pupil's alleged conduct upon which the expulsion proceeding is based.
120.13(1)(c)4.d.
d. That, upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed.
120.13(1)(c)4.e.
e. That the pupil and, if the pupil is a minor, the pupil's parent or guardian may be represented at the hearing by counsel.
120.13(1)(c)4.f.
f. That the school board shall keep written minutes of the hearing.
