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.
38.10 Annotation
County board chairman acts for county on special group which appoints members of district board of vocational, technical and adult education, even where there is a county administrator or executive. 60 Atty. Gen. 257.
38.12
38.12
District board duties. 38.12(1)
(1)
Control of district schools. Except as otherwise provided by statute, the district board shall have exclusive control of the district schools established by it and of property acquired for the use of such schools.
38.12(2)
(2) District funds and treasurer. The district board shall deposit all moneys received by it with the district board treasurer who shall be accountable for such funds. All expenditures exceeding $2,500 shall be approved by the district board. Disbursement of such funds shall be made in accordance with
s. 66.042 (6).
38.12(3)
(3) District director and other employes. 38.12(3)(a)(a) The district board shall employ and fix the compensation of:
38.12(3)(a)1.
1. A district director who shall have general supervision and management of the development and work of the district schools.
38.12(3)(a)2.
2. Such supervisors, coordinators, teachers and technical advisers and experts as are necessary.
38.12(3)(a)3.
3. Such clerical assistants, custodians and other employes as are necessary.
38.12(3)(b)
(b) Employes under
par. (a) 1. and
2. shall meet the requirements established by the board and, where applicable, the qualifications determined under
s. 38.04 (4) (a).
38.12(3)(d)
(d) Employment of the district director under
par. (a) 1. shall be by written contract which shall be filed with the district board secretary. The contract shall set forth all of the terms and conditions of employment.
38.12(4)
(4) Publication of proceedings; open records. The proceedings of the district board meetings shall be published within 45 days after the meeting as a class 1 notice, under
ch. 985, in a newspaper published in the district. If no newspaper is published in the district, the proceedings may be publicized as the district board directs. The publication of the proceedings shall include a statement of receipts and expenditures in the aggregate. The district board shall make a detailed record of all receipts and expenditures available to the public for inspection at each district board meeting and upon request.
38.12(5)
(5) Annual audit. The district board shall annually authorize an audit of the district in accordance with rules promulgated by the board under
s. 38.04 (11) (b). The district board shall submit the audit report to the board no later than 6 months following the end of each fiscal year.
38.12(5m)
(5m) Annual budget. The district board shall prepare its annual budget in compliance with rules promulgated by the board under
s. 38.04 (11) (a). The district board shall submit an approved copy of its budget to the board by July 1 of each year and shall report any subsequent budget modification to the board within 30 days of approval of the modification by the district board.
38.12(6)
(6) Transportation planning. The district board shall work with the regional planning commissions and the local authorities of the community in which the district school is located to evaluate the transportation needs of the district school population. The district board shall develop a transportation plan for the district school to effect energy resource conservation and efficient use of transportation resources. The plan shall include pedestrian walkways, bikeways, bike routes, bicycle storage racks, car and van pools, and to the extent feasible, improved mass transit services. The transportation plans shall detail parking management strategies and parking fee policies which provide incentives for the use of mass transit and high occupancy vehicles.
38.12(7)
(7) District policies. The district boards shall establish specific written policies on district matters, including all of the matters enumerated under
s. 38.04 (14), which are consistent with the rules promulgated under
s. 38.04 (14). The policies may not conflict with any collective bargaining agreement and are subject to review and approval by the board.
38.12(8)
(8) Cooperation with other state agencies. 38.12(8)(a)(a) The district boards shall actively coordinate, with the department of education and the school boards, the responsibility for providing vocational training to pupils attending high school and for providing education to persons who have dropped out of high school.
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) The district boards shall actively coordinate, with the department of public instruction and the school boards, the responsibility for providing vocational training to pupils attending high school and for providing education to persons who have dropped out of high school.
38.12(8)(b)
(b) The district boards shall actively coordinate, with the institutions and centers within the university of Wisconsin system, the sharing of programs and facilities, including the collegiate transfer program, adult education and evening courses and part-time student and associate degree programs, in order to reduce the duplication of such programs and facilities.
38.12(8)(c)
(c) Annually by July 1, the district board shall report to the school boards of every school district located in whole or in part within the boundaries of the district on the steps the district board has taken in the previous year to satisfy its responsibility under
par. (a).
38.12(9)
(9) Fire fighter training programs. The district board shall make available to members of volunteer and paid fire departments maintained by cities, villages and towns located in the district a fire fighter training program approved by the board and funded under
s. 20.292 (1) (gr). No district board may charge a fee for training provided under this subsection.
38.12(10)
(10) Controlled substances and controlled substance analogs; discipline. Each district board shall adopt rules providing nonacademic misconduct disciplinary sanctions for any student who engages in an activity, on district premises or at a district-sponsored event, that constitutes a violation of
ch. 961. In determining the appropriate sanction, the district board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a school environment free from controlled substances, as defined in
s. 961.01 (4), and controlled substance analogs, as defined in
s. 961.01 (4m).
38.12(11)
(11) Orientation program; information on sexual assault and sexual harassment. The district board shall:
38.12(11)(a)
(a) Incorporate in its orientation program for newly entering students oral and written information on sexual assault and sexual harassment, as defined in
s. 111.32 (13), including information on sexual assault by acquaintances of the victims and on all of the following:
38.12(11)(a)2.
2. Generally available national and state statistics on sexual assaults and on sexual assaults by acquaintances of the victims.
38.12(11)(a)3.
3. The rights of victims under
ch. 950 and the services available at the district school and in the community to assist a student who is the victim of sexual assault or sexual harassment.
38.12(11)(a)4.
4. Protective behaviors, including methods of recognizing and avoiding sexual assault and sexual harassment and locations in the community where courses on protective behaviors are provided.
38.12(11)(b)
(b) Annually supply all students enrolled in the district printed material that includes all of the information under
par. (a).
38.12(11)(c)
(c) Annually, submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3). The report shall indicate the methods the district board used to comply with
pars. (a) and
(b).
38.125
38.125
Public broadcasting stations. If the district board governing the Milwaukee area technical college determines to relinquish its public broadcasting licenses, it shall offer to assign the licenses to the educational communications board, subject to approval of the federal communications commission.
38.125 History
History: 1985 a. 29;
1987 a. 399.
38.14
38.14
District board powers. 38.14(1)
(1)
Legal proceedings. The district board may sue and be sued in the name of the district and may prosecute or defend all suits brought by or against the district.
38.14(2)(a)(a) For the use of the district schools, the district board may:
38.14(2)(a)1.
1. Purchase or lease materials, supplies and equipment.
38.14(2)(a)2.
2. Purchase or lease suitable land and buildings and rent to others any portion of such land and buildings not needed for school purposes.
38.14(2)(a)3.
3. Construct, enlarge and improve buildings. Existing school buildings and equipment shall be used as far as practicable.
38.14(2)(b)
(b) If there is a county teachers college in the district which is no longer in operation, the district board shall utilize the existing buildings and equipment of the college to the extent possible.
38.14(2)(bm)
(bm) With the approval of the director under
s. 38.04 (2), the district board may sell any property which it finds to be no longer needed by the district.
38.14(2)(c)
(c) All conveyances, leases and contracts under this subsection shall be in the name of the district.
38.14(2)(d)1.
1. Lease facilities to others for school purposes. The district board may not enter into a lease under this subdivision after June 30, 1991.
38.14(2)(d)2.
2. Lease land to others for the construction of a building for school purposes if any future acquisition of the building by the district board will not expose the district board to an expenditure exceeding $500,000, excluding moneys received from gifts, grants or federal funds. The district board may not enter into a lease under this subdivision after June 30, 1991.
38.14(3)(a)(a) The district board may enter into contracts to provide educational services to public and private educational institutions, federal and state agencies, local governmental bodies, industries and businesses.
38.14(3)(b)
(b) The district board may enter into contracts with local community-based organizations for basic skills instruction.
38.14(3)(bm)
(bm) The district board may enter into contracts to provide fiscal and management services to public and private educational institutions, federal and state agencies and local governmental units.
38.14(3)(c)
(c) A district board may contract with a foreign government or any business which is not operating in this state, if a district board demonstrates that the district will receive a direct and measurable benefit from the contract and that the contract will not result in a reduction in the quality of education at district schools and if all of the following conditions are met:
