38.04(11)(bm)
(bm)
Uniform financial fund accounting system. The board shall prescribe a detailed uniform financial fund accounting system, applicable to all district boards, which provides for the recording of all financial transactions inherent in the management of the districts and the administration of the district aid programs. The system shall be in operation by July 1, 1987.
38.04(11)(c)
(c)
Withholding of state aid. The board shall withhold or suspend payment of all or a portion of state aid to any district board which fails to comply with accounting, budget, audit, contracting and reporting standards established by the board under this subsection.
38.04(12)
(12) Prison inmate educational program. The board may establish vocational educational programs for inmates within the state correctional system and contract with the departments of corrections and health and family services for reimbursement of that portion of the district program costs which exceeds amounts received as state and federal aid.
38.04(13)
(13) Displaced homemakers' program. 38.04(13)(a)1.1. The board shall accept and process applications from district boards and local community organizations to provide services, which may include but are not limited to personal counseling and outreach, to or on behalf of displaced homemakers. The board shall make grants for these purposes from the appropriation under
s. 20.292 (1) (b). Grants under this subsection shall be distributed on a statewide basis and shall supplement rather than replace funds received under any other law to provide services to displaced homemakers. To the extent possible while maintaining statewide distribution, except as provided in
subd. 2., in awarding grants preference shall be given to district boards. If a particular district board does not apply for a grant under this subsection, the board may award a grant to a local community organization located in that district which submits an application. No grant may equal more than 90% of approved expenditures. Any cost to the board of administering this subsection shall be paid from the appropriation under
s. 20.292 (1) (a).
38.04(13)(a)2.
2. If the board receives an application from a local community organization offering a displaced homemakers' program in the 1981-83 biennium and from a district board, the board may not give preference to the district board's application.
38.04(13)(a)3.
3. If the board determines that a district board or local community organization awarded a grant under
subd. 1. will not fully expend the grant before the end of a fiscal year, the board may reduce the amount of the grant awarded to the district board or local community organization and award the funds to another applicant.
38.04(13)(b)
(b) No person may, on the ground of sex, age, race, color, religion or national origin, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this subsection.
38.04(13)(c)
(c) In this subsection, "displaced homemaker" means an individual who:
38.04(13)(c)1.
1. Has worked in the home for a substantial number of years providing unpaid household services for family members;
38.04(13)(c)3.
3. Has had, or would have, difficulty in securing employment; and
38.04(13)(c)4.
4. Has been dependent on the income of another family member but is no longer supported by such income, has been dependent on public assistance but is no longer eligible for such assistance, or is supported as the parent of minor children by public assistance or spousal support but whose children are within 2 years of reaching their majority.
38.04(14)(a)(a) The board shall promulgate rules, applicable to all district boards, establishing general district policies and procedures on all of the following:
38.04(14)(a)1.
1. Employe and district board member travel and expenses. The policies and procedures established under this subdivision shall be similar to the provisions of
ss. 16.53 (12) and
20.916, insofar as applicable.
38.04(14)(b)
(b) The board may direct the district boards to establish written policies relating to any matter not enumerated under
par. (a).
38.04(15)
(15) Review of district board appointments. The board shall, by rule, establish criteria and procedures for the review of district board member appointments by the board.
38.04(16)
(16) Accommodation of religious beliefs. The board shall promulgate rules, applicable to all district boards, providing for the reasonable accommodation of a student's sincerely held religious beliefs with regard to all examinations and other academic requirements.
38.04(17)
(17) Information for tax bills. By October 1, the board shall provide to the department of revenue the information about aids distributed under
ss. 38.28 and
38.32 to each technical college district that will enable the department of revenue to furnish to taxation districts the information required under
s. 73.03 (31).
38.04(20)
(20) Basic skills instruction in jails and prisons. From the appropriation under
s. 20.292 (1) (ce), the board shall award grants to district boards for providing basic skills instruction in jails and prisons.
38.04(22)
(22) Technical college student organizations. The board shall assist district boards to operate technical college student organizations for students pursuing related instruction.
38.04(23)
(23) Workplace literacy resource center. From the appropriation under
s. 20.292 (1) (bm), the board shall operate a workplace literacy resource center. The workplace literacy resource center shall do all of the following:
38.04(23)(a)
(a) Develop, purchase, review and evaluate materials on workplace literacy, including needs assessment instruments, and disseminate those materials to persons interested in supporting workplace literacy.
38.04(23)(b)
(b) Refer any person that is interested in supporting workplace literacy, such as an employer, an employe, a labor organization or a community organization, to literacy service providers located in the person's community and other workplace literacy resources.
38.04(24)
(24) Training of health professionals. The board shall promote public awareness of, access to and training of health professionals for rural and underserved urban areas.
38.04(25)
(25) American Indian health plan. In cooperation with the medical college of Wisconsin, inc., and the board of regents of the university of Wisconsin system, the board shall assist the council on American Indian health in developing and updating those elements of the state American Indian health plan under
s. 46.35 (2) (a) that relate to the recruitment and training of health care providers.
38.04(26)
(26) Technical preparation programs. In consultation with the department of education, the board shall approve courses for technical preparation programs under
s. 118.34. By July 1, 1994, and annually thereafter by July 1, the board shall publish a list of the approved courses that indicates the schools in which each course is taught and the credit equivalency available in each district for each course.
Effective date note
NOTE: Sub. (26) 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
(26) Technical preparation programs. In consultation with the state superintendent of public instruction, the board shall approve courses for technical preparation programs under s. 118.34. By July 1, 1994, and annually thereafter by July 1, the board shall publish a list of the approved courses that indicates the schools in which each course is taught and the credit equivalency available in each district for each course.
38.04 History
History: 1971 c. 154,
211;
1973 c. 90,
333;
1975 c. 39;
1977 c. 29;
1979 c. 221;
1981 c. 20;
1981 c. 93 ss.
19m,
30m,
30o;
1981 c. 269,
314;
1983 a. 27,
379;
1985 a. 12,
29;
1985 a. 332 s.
251 (1);
1987 a. 27;
1989 a. 31,
107,
125,
169,
299,
335,
336;
1991 a. 39,
227,
250;
1993 a. 16,
223,
377,
399,
455,
491;
1995 a. 27 ss.
1800n to
1803,
9126 (19) and
9145 (1);
1995 a. 342.
38.04 Annotation
See note to 66.433, citing 70 Atty. Gen. 226.
38.04 AnnotationState board review of district board appointments discussed.
73 Atty. Gen. 108.
38.06
38.06
District boundaries. 38.06(1)(1) Each district shall include one or more counties, municipalities or school districts in any contiguous combination.
38.06(2)
(2) In this section, "reorganization" means any alteration, dissolution, creation or merger of any district.
38.06(3)(a)(a) Upon its own motion or upon approval of a petition filed under
sub. (4), the board may issue a district reorganization order. Prior to issuing an order under this subsection, the board shall conduct such studies, investigations and hearings as it deems necessary.
38.06(3)(b)
(b) Any reorganization order issued by the board shall take effect on the July 1 next succeeding the date of the order.
38.06(3)(c)
(c) Three months prior to the effective date of any reorganization order, the board shall report to the joint committee on finance the fiscal and educational impact of the reorganization order upon the affected districts.
38.06(4)(a)(a) The governing body of a county, municipality or school district may file a petition with the board requesting that its territory be detached from the district in which it lies and attached to a district to which such territory is contiguous, or if portions of its territory lie in more than one district, by requesting that all such portions be placed within one of such districts.
38.06(4)(b)
(b) Immediately upon receipt of the petition, the board shall notify each district board affected of the receipt of the petition and the boundary reorganization requested therein. Such district boards shall within 45 days notify the board of their recommendations on the petition.
38.06(4)(c)
(c) Within 90 days of the receipt of the petition, the board shall notify the governing body filing the petition and the district boards affected of its approval or disapproval of the proposed detachment and attachment of territory.
38.06(5)
(5) If school district boundaries are changed in accordance with
chs. 115 to
121, the board may act to change district boundaries to coincide with school district boundaries without holding a public hearing.
38.08
38.08
Composition and organization of district board. 38.08(1)(a)1.1. A district board shall administer the district and shall be composed of 9 members who are residents of the district, including 2 employers, 2 employes, 3 additional members, a school district administrator, as defined under
s. 115.001 (8), and one elected official who holds a state or local office, as defined in
s. 5.02, except for the office of party committeeman or party committeewoman. The board shall by rule define "employer" and "employe" for the purpose of this subdivision.
38.08(1)(a)2.
2. The employer and employe members of the district board shall be representative of the various businesses and industries in the district. The school district administrator shall be employed by the school board of a school district located in the district. Of the 3 additional members, no more than 2 may be employers, no more than 2 may be employes, no more than 3 may be school district administrators and no more than 3 may be elected officials. No 2 members of the district board may be officials of the same governmental unit nor may any district board member be a member of the school board that employs the school district administrator member.
38.08(1)(b)
(b) District board members shall take office on July 1 and shall serve staggered 3-year terms.
38.08(1g)
(1g) The appointment committee for a district board that governs a district encompassing a 1st class city shall include 4 additional members designated by the board of school directors in charge of the public schools of the 1st class city. The additional members shall be appointed so as to reflect, to the extent possible, the distribution of women and minorities within the 1st class city.
38.08(2)
(2) Members of a district board shall serve until their successors are appointed and qualified. A vacancy shall be filled for any unexpired term of more than 90 days in the manner provided for the making of original appointments in
s. 38.10, except that if a vacancy occurs within 120 days preceding a spring election, the vacancy need not be filled until 60 days after the spring election, in the manner provided in
s. 38.10.
38.08(2m)
(2m) Any member of a district board serving as an elected official under
sub. (1) (a) 1. shall cease to be a member upon vacating his or her office as an elected official.
38.08(3)
(3) The district board shall hold its annual organizational meeting on the 2nd Monday in July at which it shall elect from among its members a chairperson, vice chairperson, secretary and treasurer. If a vacancy occurs in any of the district board officer positions after the annual organizational meeting, the district board may elect an officer to fill the vacancy at any subsequent district board meeting. No person may serve as chairperson for more than 2 successive annual terms.
38.08(4)
(4) District board members shall receive their actual and necessary expenses incurred in the performance of their duties.
38.08(5)
(5) Where a function is assigned to the clerk of a governmental unit and a district is one of such governmental units, the function shall be performed by the district board secretary.
38.08 Annotation
Office of commissioner on policy board of consortium of counties under federal comprehensive employment and training act and office of president of district VTAE (technical college) board which would be applicant and competitor for funds allocated are incompatible; however, counties under present statutes do not have power to form consortium for purposes of federal act where Governor has not designated them as participating units of government under 16.54 (6). 63 Atty. Gen. 453.
38.08 Annotation
Criteria for appointment to district VTAE (technical college) boards discussed, including changes in status of "employer," "employe" and "elected official" representatives and incompatibility between board membership and offices of sheriff and circuit judge.
77 Atty. Gen. 256.
38.10
38.10
Appointment of district board members. 38.10(1)
(1) District board members shall be appointed by an appointment committee constituted as follows:
38.10(1)(a)
(a) If the petition for creation of a district was filed by the governing bodies of school districts or municipalities, the school board presidents of school districts having territory within the district shall constitute the appointment committee.
38.10(1)(b)
(b) If the petition for creation of a district was filed by the governing bodies of counties or any combination of school districts, counties and municipalities, the county board chairpersons of counties having territory within the district shall constitute the appointment committee.
38.10(1)(c)
(c) If the board created a district, the heads of the governing bodies designated by the board shall constitute the appointment committee. The designation shall be made in accordance with
par. (a) or
(b) depending upon which governmental units comprise the district.
38.10(1m)
(1m) An appointment committee member may designate another officer of his or her governmental unit to represent the member at appointment committee meetings.
38.10(2)(a)1.1. On or before the first Monday in March, or within 30 days of the date on which a vacancy on the district board occurs, the district board secretary shall notify each member of the appointment committee, each governing body having a member on the appointment committee and the board of the vacancy or of terms of office which will expire during the year.
38.10(2)(a)2.
2. The chairperson of the appointment committee shall fix a date, to be no later than 60 days after receipt of notification of the vacancy or term expiration, or 60 days after a spring election if a vacancy occurs within 120 days preceding a spring election, and a time and place for a public hearing and meeting of the appointment committee to approve a representation plan and to appoint district board members, and shall send written notice of the public hearing and meeting to each district board member, each governing body having a member on the appointment committee, each member of the appointment committee and the board.
38.10(2)(b)
(b) The appointment committee member from the appropriate governmental unit specified under
sub. (1) (a),
(b) or
(c) having the largest population in the district shall act as chairperson of the appointment committee.
38.10(2)(c)
(c) At the meeting and prior to the appointment of district board members, the appointment committee shall formulate a plan of representation for the membership of the district board. The plan shall give equal consideration to the general population distribution within the district and the distribution of women and minorities within the district. The plan of representation for the membership of the district board that governs a district encompassing a 1st class city shall also give equal consideration to the distribution of minorities within the 1st class city. The plan shall form the basis upon which membership of the district board is determined. The board shall review district board appointments to determine whether they comply with the provisions of the plan and the requirements of
s. 38.08 (1) (a).
38.10(2)(d)1.1. Upon receiving notice of the vacancy or term expiration under
par. (a) 1. and at least 14 days before publication of the notice required under
subd. 3., the appointment committee shall publish a notice announcing the intent to appoint district board members, including the criteria for selection, and soliciting the submission of names and qualifications of candidates.
38.10(2)(d)2.
2. In order to be eligible for consideration for appointment to the district board, a candidate shall submit his or her name and qualifications to the appointment committee within 14 days of the date of publication of the notice under
subd. 1.
38.10(2)(d)3.
3. Notwithstanding
s. 19.84 (3), the appointment committee shall publish a notice of any meeting or public hearing at which the appointment committee will consider the filling of any vacancy on the district board or any other matter pertaining to the appointment of district board members at least 14 days before the meeting or public hearing. The subject matter of the meeting or public hearing as specified in the notice shall contain the names of individuals being considered for appointment. Prior to the meeting at which an appointment is made, the appointment committee shall hold a public hearing at which the names and qualifications of individuals being considered for appointment to the district board shall be discussed. No person may be appointed to a district board by an appointment committee unless his or her name appeared in at least one notice of a public hearing or meeting of the committee and he or she provided references to the committee, was interviewed by the committee and attended the public hearing at which his or her appointment to the district board was discussed.
38.10(2)(d)4.
4. All notices under this paragraph are class 1 notices under
ch. 985, except that they shall be 8-point type or larger.
38.10(2)(e)
(e) Within 5 days of the appointment of district board members, the chairperson of the appointment committee shall send written notice of the appointments and lengths of terms to the board, to the members appointed to the district board and to the district board secretary.
38.10(2)(f)
(f) Selection of district board members and approval of a representation plan by the appointment committee shall be by majority vote of a quorum under
par. (g). If the appointment committee cannot reach agreement on the representation plan and district board membership within 30 days after their first meeting, the board shall formulate the plan of representation and appoint the district board members in accordance with the plan.
38.10(2)(fm)
(fm) If the board determines under
par. (c) that district board appointments do not comply with the plan of representation under
par. (c) or do not comply with
s. 38.08 (1) (a), the board shall notify the appointment committee that the district board appointments are in noncompliance. Within 45 days after receipt of the board's determination that the district board appointments are in noncompliance, the appointment committee shall make district board appointments that comply with the provisions of the plan of representation under
par. (c) and with
s. 38.08 (1) (a). The board shall review any appointments made under this paragraph. If the board determines that the appointments made under this paragraph do not comply with a plan of representation under
par. (c) or do not comply with
s. 38.08 (1) (a), the board shall formulate a plan of representation that conforms with
par. (c) and the board shall appoint the district board members in accordance with the plan of representation and with
s. 38.08 (1) (a).
38.10(2)(g)
(g) County board chairpersons from counties having a combined population exceeding 50% of the population of the district constitute a quorum to do business for appointment committees composed of county board chairpersons under
sub. (1) (b). School board presidents from school districts having a combined population exceeding 50% of the population of the district constitute a quorum to do business for appointment committees composed of school board presidents under
sub. (1) (a). In no case may fewer than 2 people constitute a quorum.
38.10 Annotation
This section is constitutional. West Milwaukee v. Area Bd. Vocational, T. & A. Ed. 51 W (2d) 356, 187 NW (2d) 387.
