38.272 History
History: 1991 a. 39;
1995 a. 27.
38.28(1)(a)(a) Annually at the time and on forms prescribed by the director, the district board secretary shall report to the board the cost of maintaining the schools of the district; the character of the work done; the number, names and qualifications of the teachers employed; the number of full-time students enrolled; the number of full-time equivalent students enrolled in the district who are residents of another district; the number of full-time students exempted from tuition, by course credits; the actual amount of tuition collected in postsecondary and in vocational-adult programs; and such other information as the board requires.
38.28(1)(b)
(b) By October 15, 1992, each district board shall report to the board all of the following information for each of the 2 preceding school years:
38.28(1)(b)1.
1. The number and titles of all postsecondary programs and course sections added or discontinued.
38.28(1)(b)2.
2. The number of nonresident students and the district, state and country of residence of each.
38.28(1)(b)3.
3. For students who are residents of this state but not residents of the district:
38.28(1)(b)3.b.
b. Whether the student's district of residence offered the postsecondary program or course in which the student is enrolled.
38.28(1)(b)4.
4. The number, title and program area of each instructional staff position added or eliminated and the reason for the addition or elimination.
38.28(1)(c)
(c) By January 1, 1993, the board shall report the information received from the district boards under
par. (b) to the governor and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3).
38.28(1m)(a)1.1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under
subs. (6) and
(7) and
ss. 38.12 (9),
38.14 (3) and
(9),
118.15 (2) (a),
118.37 and
146.55 (5), all receipts from grants awarded under
ss. 38.04 (8) and
(20),
38.14 (11),
38.26,
38.27 and
38.38, all fees collected under
s. 38.24 and driver education and chauffeur training aids.
38.28(1m)(a)2.
2. "District aidable cost" for any district that does not have an institution or center located in the district does not include costs associated with the collegiate transfer program at the district school. In this subdivision, "institution" and "center" have the meanings specified under
s. 36.05.
38.28(1m)(b)
(b) "Equalization index" means a ratio determined by:
38.28(1m)(b)1.
1. Dividing the most current statewide full valuation by the board's estimate of the districts' total aidable full-time equivalent student count for the next fiscal year;
38.28(1m)(b)2.
2. Dividing the most current full valuation for each district by the board's estimate of that district's full-time equivalent student count for the next fiscal year; and
38.28(1m)(b)3.
3. Dividing the quotient of
subd. 1. by the quotient of
subd. 2., rounded to the 5th decimal place.
38.28(2)(b)(b) Each district's share of aids under this section shall be computed as follows:
38.28(2)(b)1.
1. The district's aidable cost shall be multiplied by the applicable percentage and this product shall be multiplied by the equalization index to determine state aids. In this subdivision, the "applicable percentage" is the percentage sufficient to generate total aid under this section that will fall within the range of 0.999 and 1.001 of the amount appropriated under
s. 20.292 (1) (d), as determined by the board.
38.28(2)(b)2.
2. The most current equalized values certified by the department of revenue shall be used in aid determinations.
38.28(2)(b)3.
3. Beginning with the 1975-76 fiscal year, state aids shall be calculated and paid on the basis of 1975-76 district aidable cost. Annually thereafter, aid payments in any fiscal year shall fund the district aidable cost in that same fiscal year.
38.28(2)(b)4.
4. The board shall make such adjustments in aid payments during the fiscal year as are necessary to reflect more current data under
sub. (1m) and
s. 20.292 (1) (d). Final adjustments of state aid payments, on the basis of actual enrollments and costs, shall be made from the following year's aid appropriation under
s. 20.292 (1) (d).
38.28(2)(c)
(c) The board shall pay an amount determined by multiplying the number of students enrolled in a driver training course approved by the board by the number of credits of the course for which each student is enrolled and multiplying the product by $16. The board may provide aids under this paragraph on the basis of a minimum of 10 students regardless of the number of students actually enrolled and attending.
38.28(2)(d)
(d) Notwithstanding
par. (b), the board may withhold, suspend or reduce in whole or in part payment of state aid under this subsection to any district board whose program or educational personnel does not meet minimum standards set by the board or which violates this chapter or any rule promulgated by the board under the authority of this chapter. The board shall discontinue aids to those programs which are no longer necessary to meet needs within the state.
38.28(2)(e)
(e) Aids shall not be paid to a district board for any program unless the intended content of each course has been thoroughly described, and the program has been designated and approved by the state director and reviewed by the board. The board shall establish procedures to implement this subsection which shall enhance the district's ability to respond rapidly to the needs of its citizens.
38.28(2)(f)
(f) The board shall compile information on anticipated cost for each succeeding fiscal year by the preceding January 1.
38.28(2)(g)
(g) The board shall pay an amount determined by multiplying the number of students enrolled in a chauffeur training course approved by the board by the number of credits of the course for which each student is enrolled and multiplying the product by $150.
38.28(3)
(3) If the appropriation for state aid under
s. 20.292 (1) (d) in any one year is insufficient to pay the full amount under
sub. (2), state aid payments shall be prorated among the districts entitled thereto. If the appropriation for state aid under
s. 20.292 (1) (u) in any one year is insufficient to pay the full amount under
subs. (2) (c) and
(g), funds in the appropriation shall be used first for the purposes of
sub. (2) (c) and any remaining funds shall be prorated among the districts entitled to support under
sub. (2) (g). If the appropriation for state aid under
s. 20.292 (1) (u) in any one year is insufficient to pay the full amount under
sub. (2) (c), funds in the appropriation shall be prorated among the districts entitled to the funds.
38.28(4)
(4) From the appropriation under
s. 20.292 (1) (dm), the board shall annually pay to any district that does not have an institution or center located within the district an amount equal to that portion of the instructional costs of the district's collegiate transfer program not supported by fees and tuition that is equal to the state support of similar programs in the university of Wisconsin system, as determined by the board. In this subsection, "institution" and "center" have the meanings specified under
s. 36.05.
38.28(5)
(5) State aid shall not be paid to a district for any year, unless every teacher, administrator, principal and supervisor employed by the district during that year is under a contract providing for leave of absence by reason of sickness of such person, without deduction from salary, for not less than 5 days per year and for accumulation of unused sick leave from year to year to a total of not less than 30 days. No allowance may be paid for such absences from teaching or other educational services rendered in evening school by any person employed at least 30 hours per week in day school. This subsection does not apply to a person employed by the district board for less than 30 hours per week.
38.28(6)(a)(a) Annually, the board shall determine all of the following for each district:
38.28(6)(a)1.
1. The number of students enrolled in associate degree programs and vocational diploma programs in the district who are residents of another district.
38.28(6)(a)2.
2. The number of residents of the district who are enrolled in associate degree programs and vocational diploma programs in another district.
38.28(6)(b)
(b) Annually, the board shall pay to each district for which the result under
subd. 1. is a positive number an amount determined as follows:
38.28(6)(b)1.
1. For each district, subtract the number determined under
par. (a) 2. from the number determined under
par. (a) 1. for that district, adjusted to a full-time equivalent basis.
38.28(6)(b)2.
2. Add the positive numbers obtained under
subd. 1. for all districts.
38.28(6)(b)3.
3. Multiply the amount in the appropriation under
s. 20.292 (1) (fm) for that fiscal year by a fraction, the numerator of which is the result obtained under
subd. 1. and the denominator of which is the result obtained under
subd. 2.
38.28(6)(c)
(c) The board shall make aid payments under this section from the appropriation under
s. 20.292 (1) (fm). The board shall make such adjustments in aid payments during the fiscal year as are necessary to reflect more current data under
pars. (a) and
(b). Final adjustments of aid payments, on the basis of actual enrollments, shall be made from the appropriation under
s. 20.292 (1) (fm) in the following fiscal year.
38.28(7)(a)(a) In coordination with the department of education, the board shall pay the following amounts to each district board from the appropriation under
s. 20.292 (1) (cm) for the development and implementation of technical preparation programs in each high school:
Effective date note
NOTE: Par. (a) (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
(a) In coordination with the department of public instruction, the board shall pay the following amounts to each district board from the appropriation under s. 20.292 (1) (cm) for the development and implementation of technical preparation programs in each high school:
38.28(7)(a)2.
2. In the 1994-95 school year, an amount determined as follows:
38.28(7)(a)2.a.
a. Divide the number of technical preparation courses approved by the board under
s. 38.04 (26) that have been successfully completed by high school pupils within the district in the 1994 fall semester either for advanced standing in the district's associate degree program or for technical college credit, by the total number of such courses statewide.
38.28(7)(b)
(b) The district board shall ensure that the use of the funds received under
par. (a) is determined by the consortium established under
s. 118.34 (2) (b).
38.28 History
History: 1971 c. 154,
211;
1973 c. 90;
1975 c. 39,
224;
1977 c. 29,
418;
1979 c. 34,
221;
1981 c. 20,
269;
1983 a. 27;
1985 a. 29;
1985 a. 332 s.
251 (3);
1987 a. 27,
399;
1989 a. 31,
102,
336;
1991 a. 39,
322;
1993 a. 16,
377,
399,
437;
1995 a. 27 ss.
1812,
9145 (1);
1995 a. 225.
38.29
38.29
Chauffeur training grants. 38.29(1)
(1) The board shall annually notify each district board receiving state aid under
s. 38.28 (2) (g) of the amounts available for grants under this section. Grants under this section may be awarded only for the development of advanced chauffeur training facilities, the acquisition of instructional equipment for such facilities, operational costs associated with the maintenance of such facilities and equipment and costs incurred in the coordination of the training programs.
38.29(2)(a)(a) Any district board receiving aid under
s. 38.28 (2) (g) may apply to the board for a grant for the purposes described under
sub. (1).
38.29(2)(b)
(b) The board shall review the application according to criteria and procedures established by the board. If an application submitted under
par. (a) is approved, the board shall notify the district board of the amount and conditions of the grant to be awarded.
38.29(3)
(3) Each district board receiving a grant under this section shall, by September 1 of the fiscal year following receipt of the grant, file a report with the board. The report shall evaluate the district board's performance in attaining the goals specified in the application submitted under
sub. (2) (a).
38.29 History
History: 1985 a. 29.
38.30
38.30
Special aid for veterans. 38.30(1)(a)(a) District boards may receive payments from the U.S. department of veterans affairs for tuition to cover the cost of training for resident and nonresident students who are enrolled in district schools and are veterans eligible for benefits under federal law.
38.30(1)(b)
(b) District boards may receive payments from the department of industry, labor and job development under
s. 47.02 to cover the cost of training for resident and nonresident students who are enrolled in district schools and are veterans ineligible for benefits under
par. (a).
38.30(1)(c)
(c) District boards shall not receive payments under this subsection which, together with other receipts for the same purpose exclusive of the funds provided under
s. 38.16, would exceed the full cost of training provided such veterans.
38.30(1)(d)
(d) The amounts received for nonresidents under this subsection shall not be less than the amounts specified in
s. 38.24 (3) but may exceed such amounts.
38.30(2)
(2) Upon the authorization of a school board or district board, the board may enter into contracts with the U.S. department of veterans affairs for training in vocational agriculture to be provided by such school board or district board to veterans eligible for benefits under federal law. The board shall receive from the U.S. department of veterans affairs payments granted to cover the cost of administration by the board and, to be paid to the school board or district board, payments granted to cover the cost of such training.
38.32
38.32
Technical college instructor occupational competency program. 38.32(1)(1) The board shall establish a technical college instructor occupational competency program. The program shall be designed to provide technical college instructors in district schools with temporary work experiences in business and industry in order to improve their knowledge and skills in the subjects they teach.
38.32(2)
(2) The board shall review proposals submitted by district boards that are consistent with
sub. (1). From the appropriation under
s. 20.292 (1) (e), the board shall award grants to district boards to partially pay the salaries of teachers participating in approved proposals. Any funds received by a district board under this subsection shall be equally matched by the district board.
38.32(3)
(3) To the extent possible, grants awarded under
sub. (2) shall be equally distributed on a statewide basis.
38.32(4)
(4) The board shall promulgate rules to implement and administer the program under this section. The rules shall ensure that no worker in the participating business or industry will be displaced or laid off as a result of the program and that the program does not conflict with any collective bargaining agreement in effect on the effective date of the rules.
38.35
38.35
Alcohol and other drug abuse prevention and intervention programs. 38.35(1)
(1) A district board may apply to the board for a grant to assist in funding an alcohol and other drug abuse prevention and intervention program under this section. The board shall determine the amount of the grant, if any, to be awarded. Amounts awarded shall be paid from the appropriation under
s. 20.292 (1) (f). The board shall promulgate rules establishing criteria for the awarding of grants.
38.35(2)
(2) Each district board receiving a grant under
sub. (1) shall establish an alcohol and other drug abuse prevention and intervention program that meets standards established by the board by rule. The district board shall appoint an individual to coordinate the program. The individual shall do all of the following:
38.35(2)(a)
(a) Provide educational programs for district staff and students in the prevention of and intervention in alcohol and other drug abuse.
38.35(2)(b)
(b) Provide or coordinate support services for students who are in treatment for or recovering from dependence on alcohol or other drugs.
38.35(3)
(3) The board shall ensure that grants awarded under
sub. (1) are not used to supplant other funds available for positions or programs relating to the prevention of, intervention in or education about alcohol and other drug abuse.
38.35 History
History: 1989 a. 31,
122;
1991 a. 39.
38.36
38.36
Nutritional improvement for elderly. 38.36(1)
(1) In this section, "authorized elderly person" means any resident of this state who is 60 years of age or older, and the spouse of any such person.
38.36(2)
(2) Any district approved by the board may establish a system to provide the opportunity for authorized elderly persons to participate in its meal program. If a district board desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the board. Annually, the board shall notify the department of education of the approved districts.
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) Any district approved by the board may establish a system to provide the opportunity for authorized elderly persons to participate in its meal program. If a district board desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the board. Annually, the board shall notify the department of public instruction of the approved districts.
