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.
38.36(3)
(3) Each plan shall provide at least one meal per day for each day that school is in regular session. The district board may provide additional service at other times in its discretion, if the number of eligible persons in the district or adjacent districts is of sufficient size, in the opinion of the board, so that unwarranted production expense is not incurred.
38.36(4)
(4) Any district board that operates a food services plan for elderly persons under this section shall make facilities available for service to elderly persons at every technical college in the district that provides hot food service to its students. Upon application, the board may grant exceptions from compliance with this subsection for reasons of safety, convenience or insufficient interest in a given neighborhood.
38.36(5)
(5) Meals may be served at schools where they are served to students or at any site more convenient to the majority of authorized elderly persons interested in the service. Food may be transported to authorized elderly persons who are unable to leave their homes or distributed to nonprofit organizations for such purposes. However, no state funds under this section may be used for food delivery to individual homes. The board may require consolidation of programs between districts and between schools if such a procedure will be convenient and economical.
38.36(6)
(6) The district board may file a claim with the department of education for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15% of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department of education approves the claim, it shall certify that payment is due and the state treasurer shall pay the claim from the appropriation under
s. 20.255 (2) (cn).
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) The district board may file a claim with the department of public instruction for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15% of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department of public instruction approves the claim, it shall certify that payment is due and the state treasurer shall pay the claim from the appropriation under s. 20.255 (2) (cn).
38.36(7)
(7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the department of education under
s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no district board may be required to provide special foods for individual persons with allergies or medical disorders.
Effective date note
NOTE: Sub. (7) 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
(7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the state superintendent of public instruction under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no district board may be required to provide special foods for individual persons with allergies or medical disorders.
38.36(8)
(8) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the board. The board may issue identification cards to such persons if necessary. A district board may admit nonresidents who would otherwise qualify into its program, but no state funds under this section may be used to subsidize any portion of the meals served to such persons.
38.36(9)
(9) The board shall adopt reasonable rules necessary to implement this section.
38.38
38.38
Services for handicapped students. A district board may apply to the board for a grant to assist in funding transitional services for handicapped students. The board shall notify district boards of criteria for the awarding of grants and the amount of grants to be awarded. The board shall award grants from the appropriation under
s. 20.292 (1) (de). Amounts awarded shall range from 25% to 75% of the total project cost.
38.38 History
History: 1991 a. 39.
38.42
38.42
Telecommunications retraining program. 38.42(1)(1)
Definition. In this section, "telecommunications company" includes a telecommunications utility, as defined in
s. 196.01 (10), and a telecommunications carrier, as defined in
s. 196.01 (8m).
38.42(2)
(2) Administration. Subject to
sub. (3), the board shall administer, or contract for the administration of, a telecommunications retraining program.
38.42(3)
(3) Retraining board duties. The telecommunications retraining board shall do all of the following:
38.42(3)(a)
(a) Determine the impact on telecommunications work and the displacement caused by changing markets, technological advancements, changing methods of operations and competition in the telecommunications industry.
38.42(3)(b)
(b) Determine how the telecommunications retraining funds should be expended and how training should be provided under the telecommunications retraining program.
38.42(3)(c)
(c) Maximize opportunities for displaced telecommunications workers to receive retraining.
38.42(4)
(4) Retraining fund. A consortium of telecommunications companies shall agree to contribute $3,000,000 to the telecommunications retraining fund over a 3-year period beginning on July 20, 1994. If the retraining fund is depleted within 3 years and if requested by the telecommunications retraining board, the consortium shall contribute up to an additional $1,000,000. Moneys contributed under this subsection shall be credited to the appropriation under
s. 20.292 (1) (gt).
38.42(5)
(5) Retraining eligibility. A person is eligible to receive a grant of up to $2,500 for retraining if all of the following conditions exist:
38.42(5)(a)
(a) The person is a displaced telecommunications industry worker who is being laid off, terminated or declared surplus under a telecommunications company downsizing or because of leaving a telecommunications company under an early retirement or incentive separation plan.
38.42(5)(b)
(b) The person was not terminated for cause.
38.42(5)(c)
(c) The person applied for a retraining grant within 24 months after the person left the employment of the telecommunications company.
38.42(5)(d)
(d) The person was employed by a telecommunications company that contributed to the retraining fund under
sub. (4).
38.42(5)(e)
(e) The person uses the retraining grant for a retraining program that is approved by the telecommunications retraining board.
38.42(6)
(6) Sunset. This section does not apply after June 30, 1999.
38.42 History
History: 1993 a. 496.
38.51
38.51
Proprietary schools. 38.51(1)(1)
Definitions. In this section unless the context clearly requires otherwise:
38.51(1)(b)
(b) "Course" means an organized unit of subject matter in which instruction is offered within a given period of time or which covers a specified amount of related subject matter.
38.51(1)(c)
(c) "Course of instruction" means a series of classroom or correspondence courses having a unified purpose which lead to a diploma or degree or to an occupational or vocational objective.
38.51(1)(cm)
(cm) "Department" means the department of education.
38.51(1)(d)
(d) "Person" means any individual, partnership, association, corporation or limited liability company, or any combination thereof.
38.51(1)(e)
(e) "School" means any person, located within or outside this state, maintaining, advertising or conducting any course or course of instruction for profit or a tuition charge; but in
subs. (7),
(8) and
(10) "school" means any private trade, correspondence, business or technical school not excepted under
sub. (9).
38.51(1)(f)
(f) "Solicitor" means a person employed by or representing a school located either within or outside this state who, in places other than the actual business premises of the school, personally attempts to secure the enrollment of a student in such school.
38.51(1)(g)
(g) "Teaching location" means the area and facilities designated for use by a school required to be approved by the department under this section.
38.51(2)
(2) Purpose. The purpose of this section is to approve schools and courses of instruction for the training of veterans of the armed forces and war orphans receiving assistance from the federal government, protect the general public by inspecting and approving private trade, correspondence, business and technical schools doing business within this state whether located within or outside this state, changes of ownership or control of these schools, teaching locations used by these schools and courses of instruction offered by these schools and to regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by these schools.
38.51(3)
(3) Rule-making power. The department shall promulgate rules and establish standards necessary to carry out the purpose of this section.
38.51(6)
(6) Approval agency for veteran's training. 38.51(6)(a)(a) Except as provided in
par. (b) the department shall be the state approval agency for the education and training of veterans and war orphans. It shall approve and supervise schools and courses of instruction for their training under Title 38, USC, and may enter into and receive money under contracts with the U.S. department of veterans affairs or other appropriate federal agencies.
38.51(6)(b)
(b) The governor may designate the following agencies for approval and supervision of special phases of the program of veterans education:
38.51(6)(b)1.
1. On the job and apprenticeship training program, the department of industry, labor and job development.
38.51(6)(b)2.
2. On the farm training program, the technical college system board.
38.51(6)(b)3.
3. Funeral directors apprentices, the funeral directors examining board.
38.51(7)
(7) Approval of schools generally. In order to protect students, prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction and encourage schools to maintain courses and courses of instruction consistent in quality, content and length with generally accepted educational standards, the department shall:
38.51(7)(a)
(a) Investigate the adequacy of courses and courses of instruction offered by schools to residents of this state and establish minimum standards for such courses of instruction.
38.51(7)(b)
(b) Investigate the adequacy of schools' facilities, equipment, instructional materials and instructional programs and establish minimum standards therefor.
38.51(7)(c)
(c) Establish rules, standards and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.
38.51(7)(d)
(d) Promulgate rules restricting the negotiability of promissory instruments received by schools in payment of tuition and other charges.
38.51(7)(e)
(e) Establish minimum standards for refund of the unused portion of tuition, fees and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued therefrom.
