15.348 History
History: 1971 c. 179.
15.37
15.37
Department of education; creation. 15.37(1)
(1) There is created a department of education under the direction and supervision of the education commission. The powers and duties of the education commission are regulatory, advisory and policy-making, and not administrative. The commission shall consist of the following members:
15.37(1)(a)
(a) The state superintendent of public instruction.
15.37(1)(b)
(b) Two members appointed by the governor for 4-year terms expiring on January 20 of an odd-numbered year.
15.37(1)(c)
(c) Two members appointed by the senate majority leader for 2-year terms expiring on January 20 of an odd-numbered year.
15.37(1)(d)
(d) Two members appointed by the speaker of the assembly for 2-year terms expiring on January 20 of an odd-numbered year.
15.37(1)(e)
(e) One member appointed by the senate minority leader for a 2-year term expiring on January 20 of an odd-numbered year.
15.37(1)(f)
(f) One member appointed by the assembly minority leader for a 2-year term expiring on January 20 of an odd-numbered year.
15.37(1)(g)
(g) The president, or by his or her designation another member, of the board of regents of the University of Wisconsin System, who shall serve as a nonvoting member.
15.37(1)(h)
(h) The president, or by his or her designation another member, of the technical college system board, who shall serve as a nonvoting member.
15.37(2)
(2) The secretary of education shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The administrative powers and duties of the department of education are vested in the secretary of education, to be administered by the secretary of education under the direction of the education commission.
Effective date note
Note: This section is shown as repealed and recreated eff. 1-1-96 by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
15.37 Department of public instruction; creation. There is created a department of public instruction under the direction and supervision of the state superintendent.
15.37 History
History: 1971 c. 125;
1995 a. 27.
15.373
15.373
Same; specified divisions. 15.373(1)
(1)
Division for learning support, equity and advocacy. There is created in the department of education a division for learning support, equity and advocacy.
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) Division for learning support, equity and advocacy. There is created in the department of public instruction a division for learning support, equity and advocacy.
15.373(2)
(2) Division for libraries and community learning. There is created in the department of education a division for libraries and community learning.
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) Division for libraries and community learning. There is created in the department of public instruction a division for libraries and community learning.
15.374(1)(1)
Office of educational accountability. There is created an office of educational accountability in the department of education. The director of the office shall be appointed by the secretary of education.
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) Office of educational accountability. There is created an office of educational accountability in the department of public instruction. The director of the office shall be appointed by the state superintendent of public instruction.
15.374 History
History: 1993 a. 16;
1995 a. 27.
15.375
15.375
Same; attached boards. 15.375(1)
(1)
American Indian language and culture education board. There is created an American Indian language and culture education board which is attached to the department of education under
s. 15.03. The board shall consist of 13 members appointed by the governor for staggered 4-year terms from recommendations made by the various Indian tribes, bands and organizations in this state. The members shall include parents or guardians of American Indian children, American Indian teachers, school administrators, a school board member, persons involved in programs for American Indian children and persons experienced in the training of teachers for American Indian language and culture education programs. Members shall be appointed so as to be representative of all the American Indian tribes, bands and organizations in this state. In addition to its duties under
subch. IV of ch. 115, the board shall advise the secretary of education, the board of regents of the university of Wisconsin system, the department of education and the technical college system board on all matters relating to the education of American Indians. The board does not have rule-making authority.
Effective date note
Note: Sub. (1) is shown as amended eff. 1-1-96 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. As not affected by Act 27, s. 9145 (1), it reads:
Effective date text
(1) American Indian language and culture education board. There is created an American Indian language and culture education board which is attached to the department of public instruction under s. 15.03. The board shall consist of 13 members appointed by the governor for staggered 4-year terms from recommendations made by the various Indian tribes, bands and organizations in this state. The members shall include parents or guardians of American Indian children, American Indian teachers, school administrators, a school board member, persons involved in programs for American Indian children and persons experienced in the training of teachers for American Indian language and culture education programs. Members shall be appointed so as to be representative of all the American Indian tribes, bands and organizations in this state. In addition to its duties under subch. IV of ch. 115, the board shall advise the state superintendent of public instruction, the board of regents of the university of Wisconsin system, the department of education and the technical college system board on all matters relating to the education of American Indians. The board does not have rule-making authority.
15.375(2)
(2) School district boundary appeal board. There is created a school district boundary appeal board in the department of education. The board shall consist of 12 school board members appointed by the secretary of education for staggered 2-year terms and the secretary of education or his or her designee. Four board members shall be school board members of school districts with small enrollments, 4 board members shall be school board members of school districts with medium enrollments and 4 board members shall be school board members of school districts with large enrollments. No 2 school board members of the board may reside within the boundaries of the same cooperative educational service agency.
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) School district boundary appeal board. There is created a school district boundary appeal board in the department of public instruction. The board shall consist of 12 school board members appointed by the state superintendent of public instruction for staggered 2-year terms and the state superintendent of public instruction or his or her designee. Four board members shall be school board members of school districts with small enrollments, 4 board members shall be school board members of school districts with medium enrollments and 4 board members shall be school board members of school districts with large enrollments. No 2 school board members of the board may reside within the boundaries of the same cooperative educational service agency.
15.375(3)(a)(a)
Creation. There is created an environmental education board attached to the department of education under
s. 15.03.
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) Creation. There is created an environmental education board attached to the department of public instruction under s. 15.03
15.375(3)(b)
(b)
Members. The environmental education board shall consist of the following members:
Effective date note
Note: Subd. 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. The state superintendent of public instruction.
15.375(3)(b)3.
3. The president of the university of Wisconsin system.
15.375(3)(b)5.
5. One majority and one minority party senator and one majority and one minority party representative to the assembly, appointed as are the members of standing committees in their respective houses.
15.375(3)(b)6.
6. One member, appointed for a 3-year term by the secretary of education, to represent each of the following:
Effective date note
Note: Subd. 6. (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
6. One member, appointed for a 3-year term by the state superintendent of public instruction, to represent each of the following:
15.375(3)(b)6.f.
f. Faculty of public and private institutions of higher education.
15.375(3)(b)6.g.
g. Nature centers, zoos, museums and other nonformal environmental educational organizations.
15.375(3)(c)
(c)
Designees. Members of the board under
par. (b) 1. to
4. may appoint designees to serve on the board, if the designee is an employe or appointive officer of the agency who has sufficient authority to deploy agency resources and directly influence agency decision making.
15.377(1)(1)
Council on the education of the blind. There is created in the department of education a council on the education of the blind consisting of 3 members, who shall be visually handicapped and shall have a recognized interest in and a demonstrated knowledge of the problems of the visually handicapped, appointed by the secretary of education for staggered 6-year terms. "Visually handicapped" means having a) a visual acuity equal to or less than 20/70 in the better eye with correcting lenses, or b) a visual acuity greater than 20/70 in the better eye with correcting lenses, but accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
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) Council on the education of the blind. There is created in the department of public instruction a council on the education of the blind consisting of 3 members, who shall be visually handicapped and shall have a recognized interest in and a demonstrated knowledge of the problems of the visually handicapped, appointed by the state superintendent of public instruction for staggered 6-year terms. "Visually handicapped" means having a) a visual acuity equal to or less than 20/70 in the better eye with correcting lenses, or b) a visual acuity greater than 20/70 in the better eye with correcting lenses, but accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
15.377(2)
(2) Governor's council on business and education partnerships. There is created in the department of education a council on business and education partnerships consisting of representatives of private business and industry, agriculture, organized labor, the technical college system and the public school system. A majority of the members shall be representatives of private business and industry. Council members shall be appointed for 3-year terms.
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) Governor's council on business and education partnerships. There is created in the department of public instruction a council on business and education partnerships consisting of representatives of private business and industry, agriculture, organized labor, the technical college system and the public school system. A majority of the members shall be representatives of private business and industry. Council members shall be appointed for 3-year terms.
15.377(3)
(3) Council on instructional telecommunications. There is created in the department of education a council on instructional telecommunications. The secretary of education shall appoint one member to represent each of the cooperative educational service agencies, from nominations made by the boards of control of the cooperative educational service agencies, and 2 members to represent private primary and secondary educational institutions. Council members shall be appointed for 4-year terms.
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) Council on instructional telecommunications. There is created in the department of public instruction a council on instructional telecommunications. The state superintendent of public instruction shall appoint one member to represent each of the cooperative educational service agencies, from nominations made by the boards of control of the cooperative educational service agencies, and 2 members to represent private primary and secondary educational institutions. Council members shall be appointed for 4-year terms.
15.377(4)
(4) Council on exceptional education. There is created in the department of education a council on exceptional education consisting of 15 members appointed by the secretary of education for 3-year terms. No more than 7 members of the council may be persons who do not have children with exceptional educational needs and who are representatives of the state, school districts, county handicapped children's education boards or cooperative educational service agencies. At least 5 members of the council shall be parents or guardians of a child with exceptional educational needs, at least one member of the council shall be a school board member, at least one member shall be a certified teacher of regular education as defined in
s. 115.76 (9) and at least one member shall be a certified teacher of special education.
Effective date note
Note: Sub. (4) 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) Council on exceptional education. There is created in the department of public instruction a council on exceptional education consisting of 15 members appointed by the state superintendent for 3-year terms. No more than 7 members of the council may be persons who do not have children with exceptional educational needs and who are representatives of the state, school districts, county handicapped children's education boards or cooperative educational service agencies. At least 5 members of the council shall be parents or guardians of a child with exceptional educational needs, at least one member of the council shall be a school board member, at least one member shall be a certified teacher of regular education as defined in s. 115.76 (9) and at least one member shall be a certified teacher of special education.
15.377(6)
(6) Council on library and network development. There is created in the department of education a council on library and network development composed of 15 members. Seven of the members shall be library science, audiovisual and informational science professionals representative of various types of libraries and information services, including public libraries, public library systems, school libraries, public and private academic libraries, special libraries and library educators. Eight of the members shall be public members who have demonstrated an interest in libraries or other types of information services. The members of the council shall be appointed for 3-year terms. The council shall meet 6 times annually and shall also meet on the call of the secretary of education, and may meet at other times on the call of the chairperson or a majority of its members.
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) Council on library and network development. There is created in the department of public instruction a council on library and network development composed of 15 members. Seven of the members shall be library science, audiovisual and informational science professionals representative of various types of libraries and information services, including public libraries, public library systems, school libraries, public and private academic libraries, special libraries and library educators. Eight of the members shall be public members who have demonstrated an interest in libraries or other types of information services. The members of the council shall be appointed for 3-year terms. The council shall meet 6 times annually and shall also meet on the call of the state superintendent, and may meet at other times on the call of the chairperson or a majority of its members.
15.377(7m)
(7m) Council on suicide prevention. There is created a council on suicide prevention in the department of education. The council shall consist of 2 persons appointed by the secretary of education, at least one of whom is not an employe of the department of education, 2 persons appointed by the secretary of health and family services, at least one of whom is not an employe of the department of health and family services, one person and one physician appointed jointly by the secretary of education and the secretary of health and family services and one person appointed by the executive staff director of the office of justice assistance in the department of administration. Members shall be appointed for 3-year terms.
15.377 Note
Note: Sub. (7m) 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. (7m) as not affected by Act 27 s. 9145 (1), reads as follows:
Effective date text
(7m) Council on suicide prevention. There is created a council on suicide prevention in the department of public instruction. The council shall consist of 2 persons appointed by the state superintendent of public instruction, at least one of whom is not an employe of the department of public instruction, 2 persons appointed by the secretary of health and family services, at least one of whom is not an employe of the department of health and family services, one person and one physician appointed jointly by the state superintendent of public instruction and the secretary of health and family services and one person appointed by the executive staff director of the office of justice assistance in the department of administration. Members shall be appointed for 3-year terms.
15.40
15.40
Department of regulation and licensing; creation. There is created a department of regulation and licensing under the direction and supervision of the secretary of regulation and licensing.
15.405
15.405
Same; attached boards and examining boards. 15.405(1)(1)
Accounting examining board. There is created an accounting examining board in the department of regulation and licensing. The examining board shall consist of 7 members, appointed for staggered 4-year terms. Five members shall hold certificates as certified public accountants and be eligible for licensure to practice in this state. Two members shall be public members.
15.405(2)
(2) Examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors. There is created an examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors in the department of regulation and licensing. Any professional member appointed to the examining board shall be registered to practice architecture, landscape architecture, professional geology, professional engineering, the design of engineering systems or land surveying under
ch. 443. The examining board shall consist of the following members appointed for 4-year terms: 3 architects, 3 landscape architects, 3 professional geologists, 3 professional engineers, 3 designers, 3 land surveyors and 12 public members.
15.405(2)(a)
(a) In operation, the examining board shall be divided into an architect section, a landscape architect section, a geologist section, an engineer section, a designer section and a land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.
15.405(2)(b)
(b) All matters pertaining to passing upon the qualifications of applicants for and the granting or revocation of registration, and all other matters of interest to either the architect, landscape architect, geologist, engineer, designer or land surveyor section shall be acted upon solely by the interested section.
15.405(2)(c)
(c) All matters of joint interest shall be considered by joint meetings of all sections of the examining board or of those sections to which the problem is of interest.
15.405(3)(a)(a) There is created in the department of regulation and licensing an auctioneer board consisting of the following members appointed for 4-year terms:
