115.01(13)(a)(a) Whenever an action may be taken by a percentage of electors in an area, that percentage shall be based on the number of electors who voted for governor at the last general election in that area.
115.01(13)(b)
(b) If the area does not coincide with a municipality or part thereof for which election statistics are kept, the number of electors shall be determined as follows:
115.01(13)(b)1.
1. The area of the school district in square miles shall be divided by the area of the municipality in square miles in which it lies.
115.01(13)(b)2.
2. The vote for governor at the last general election in the municipality within which the school district lies shall be multiplied by the quotient determined under
subd. 1. to determine the required number of electors.
115.01(13)(c)
(c) If a school district is in more than one municipality, the method of determination under
par. (b) shall be used for each part of the school district which constitutes only a fractional part of any area for which election statistics are kept.
115.01 Annotation
See note to 111.70, citing Bd. of Education v. WERC, 52 W (2d) 625, 191 NW (2d) 242.
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
115.28
115.28
General duties. The state superintendent shall:
115.28(1)
(1) General supervision. Ascertain the condition of the public schools, stimulate interest in education and spread as widely as possible a knowledge of the means and methods which may be employed to improve the schools.
115.28(2)
(2) Sectarianism. Exclude all sectarian books and instruction from the public schools.
115.28(3)
(3) Supervision of schools. Supervise and inspect the public schools and day schools for children with disabilities, advise the principals and local authorities thereof and give assistance in organizing such schools.
115.28(3m)
(3m) Supervision of cooperative educational service agencies; rules. 115.28(3m)(a)(a) Supervise and audit the receipts and expenditures of the cooperative educational service agencies, conduct program review of the agencies, supervise boundary reorganization where necessary, advise the administrators of the agencies and provide assistance in organizing the agencies throughout the state.
115.28(3m)(b)
(b) Promulgate rules establishing procedures for the reorganization of cooperative educational service agencies and boundary appeals.
115.28(3m)(c)
(c) Every 3rd year as scheduled by the department, report to the appropriate standing committees of the legislature under
s. 13.172 (3) on all cooperative educational service agency programs and services. The report shall include information on the efficiency and effectiveness of the programs and services.
115.28(4)
(4) Public information. By reports, bulletins, circulars, correspondence and public addresses, give the public information upon the different methods of school organization and management and the subject of education generally.
115.28(5)
(5) Appeals. Examine and determine all appeals which by law are made to the state superintendent and prescribe rules of practice in respect thereto, not inconsistent with law.
115.28(6)
(6) Annual conventions. Annually, hold conventions of school district administrators, supervisors and agency coordinators.
115.28(7)(a)(a) License all teachers for the public schools of the state, make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in
ss. 118.19 (2) and
(3),
118.192 and
118.195, prescribe by rule standards and procedures for the approval of teacher preparatory programs leading to licensure, file in the state superintendent's office all papers relating to state teachers' licenses and register each such license.
115.28(7)(b)
(b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under
par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in either public or private schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private schools are not obligated to employ only licensed or certified teachers.
115.28(7)(c)
(c) Subject to
s. 118.19 (4m), license and make rules for the examination and licensing of persons, including teachers, employed to provide publicly funded special education and related services, as those terms are defined in
s. 115.76 (14) and
(15).
115.28(7)(d)
(d) Annually, establish fees for the certification or licensure of school and public library personnel sufficient to fund certification and licensing administrative costs.
115.28(7)(e)1.1. In this paragraph, "alternative education program" means an instructional program, approved by the school board, that utilizes successful alternative or adaptive school structures and teaching techniques and that is incorporated into existing, traditional classrooms or regularly scheduled curricular programs or that is offered in place of regularly scheduled curricular programs. "Alternative educational program" does not include a private school or a home-based private educational program.
115.28(7)(e)2.
2. Promulgate rules establishing requirements for licensure as an alternative education program teacher and for the approval of teacher education programs leading to licensure as an alternative education program teacher. The rules shall encompass the teaching of multiple subjects or grade levels or both, as determined by the state superintendent. The rules may require teacher education programs to grant credit towards licensure as an alternative education program teacher for relevant experience or demonstrated proficiency in relevant skills and knowledge.
115.28(7m)
(7m) Certification of school nurses. Certify school nurses, make rules for the examination and certification of school nurses and file in the state superintendent's office all papers relating to school nurses certification and register each such certification.
115.28(9)
(9) Federal aids. Accept federal funds for any function over which the state superintendent has jurisdiction and act as the agent for the receipt and disbursement of such funds.
115.28(10)
(10) Educational assessment. Develop an educational assessment program to measure objectively the adequacy and efficiency of educational programs offered by public schools in this state. The program shall include methods by which pupil achievement in reading, mathematics, writing, science, social science and other areas of instruction commonly offered by public schools will be objectively measured each year. Assessment shall be undertaken at several grade levels on a uniform, statewide basis.
115.28(11)
(11) Driver education courses. Approve driver education courses offered by school districts, county children with disabilities education boards and technical college districts for the purposes of
ss. 121.41 (1) and
343.16 (1) (c) 1. and establish minimum standards for driver education courses offered in private schools for the purposes of
s. 343.16 (1) (c) 3. All driver education courses approved or for which standards are established under this subsection shall acquaint each student with the hazards posed by farm machinery and animals on highways and by railroad grade crossings and shall provide instruction in safely dealing with such hazards.
115.28(13)
(13) Uniform financial fund accounting. Prescribe a uniform financial fund accounting system, applicable to all school districts and county children with disabilities education boards, which provides for the recording of all financial transactions inherent in the management of schools and county children with disabilities education board programs and the administration of the state's school aid programs.
115.28(14)
(14) Minority group pupil census. Establish procedures under which school districts report annually the number of minority group pupils, as defined in
s. 121.845 (2), residing in the school district and attending public schools in the district so as to be able to classify school districts under
s. 121.85 (2).
115.28(15)(a)(a) Establish, by rule, standards for the approval of the abilities of certified teachers and counselors and their aides participating in bilingual-bicultural education programs under
subch. VII to read, write and speak a non-English language and to possess knowledge of the culture of limited-English speaking pupils.
115.28(15)(b)
(b) Establish, by rule, minimum standards for bilingual-bicultural education programs under
subch. VII.
115.28(17)
(17) American Indian language and culture education. 115.28(17)(a)(a) Establish by rule standards for certifying the abilities of teachers participating in American Indian language and culture education programs under
subch. IV to read and write or speak an American Indian language and to possess knowledge of American Indian history and culture.
115.28(17)(b)
(b) Establish by rule standards for certifying the abilities of home school coordinators, counselors and aides participating in American Indian language and culture education programs under
subch. IV to possess knowledge of American Indian history and culture.
115.28(17)(d)
(d) Develop a curriculum for grades 4 to 12 on the Chippewa Indians' treaty-based, off-reservation rights to hunt, fish and gather.
115.28(18)
(18) Pupil membership audits. Annually require at least 25% of school boards to audit the number of pupils reported for membership purposes under
s. 120.14 (1).
115.28(19)
(19) Federal discretionary funds. Ensure that federal aid received under
20 USC 1411 (c) (1) (A) is not used to supplant or replace funding available from other sources.
115.28(20)
(20) Council for Milwaukee public schools grant programs. Appoint a council under
s. 15.04 (1) (c) composed of residents of the school district established under
ch. 119 who are selected to reflect the pluralistic nature of the school district. The council shall:
115.28(20)(a)
(a) Advise the state superintendent on funding criteria and evaluation plans for grant programs for the school district operating under
ch. 119.
115.28(20)(b)
(b) Advise the state superintendent on the programs that meet or do not meet the funding criteria.
115.28(20)(c)
(c) Assist the state superintendent in monitoring the progress of funded programs.
115.28(20)(d)
(d) Recommend to the state superintendent needed changes in statutes or rules relating to grant programs.
115.28(20)(e)
(e) Submit to the state superintendent an annual report detailing the council's activities, accomplishments and projected needs.
115.28(20)(f)
(f) Assist in ensuring that various grant programs operate compatibly.
115.28(21)
(21) Youth initiatives program. Administer grants to local community organizations for standardized assessment and programs for instruction in basic skills and work experience under the youth initiatives program. The state superintendent may require a school board to provide matching funds at any percentage. The match may be in the form of money or in-kind services or both. The state superintendent shall establish, by rule, performance standards for the youth initiatives program and shall monitor performances by grantees. This subsection does not apply after June 30, 1996.
115.28(22)
(22) Information for tax bills. By November 1, provide to the department of revenue the information about school aids distributed to each school district that will enable that department to furnish to taxation districts the information required under
s. 73.03 (31).
115.28(23)
(23) Wisconsin educational opportunity programs. Administer Wisconsin educational opportunity programs on a statewide basis to assist minority and economically disadvantaged youth and adults in pursuing higher education opportunities. The statewide programs shall consist of all of the following:
115.28(23)(a)
(a) A talent search program which shall provide information to youths and adults about postsecondary education and counseling to aid pupils in defining educational goals, applying and enrolling in postsecondary institutions and obtaining financial aid.
115.28(23)(b)
(b) A talent incentive program which shall provide supplemental aid to financially needy pupils to promote attendance at postsecondary institutions.
115.28(23)(c)
(c) An early identification program which shall provide services to pupils under
s. 115.44.
115.28(27)
(27) Wisconsin geography alliance. Annually allocate the amount in the appropriation under
s. 20.255 (3) (ec) to the Wisconsin geography alliance to train teachers and develop curricula for primary and secondary education in geography.
115.28(30)(a)(a) Give priority to assisting school boards to operate vocational student organizations for pupils pursuing related instruction.
115.28(30)(b)
(b) Provide in the department the following vocational education consultants and administrative, leadership and vocational student organization educational consultants:
115.28(30)(b)4.
4. Two full-time consultants in family and consumer education.
115.28(30)(b)5.
5. One full-time consultant and one half-time consultant in marketing education.
115.28(30)(d)
(d) Provide in the department, within the integrated and applied curricula team, a vocational education and vocational student organizations subteam consisting of those educational consultants specified in
par. (b).
115.28(31)
(31) Accommodation of religious beliefs. Promulgate rules providing for the reasonable accommodation of a pupil's sincerely held religious beliefs with regard to all examinations and other academic requirements.
115.28(32)
(32) Pupil transcript. By July 1, 1993, develop a uniform pupil transcript that may be used by school districts beginning in the 1993-94 school year.
115.28(33)
(33) Consolidation planning grant. From the appropriation under
s. 20.255 (1) (a), award a grant of $25,000 in the 1991-92 school year to the school boards of any 2 school districts, for the purpose of supporting their consolidation planning efforts, if at least one of the school districts received no state aid under
s. 121.08 in the 1990-91 school year and the 2 school boards established a committee to study the feasibility of consolidating the 2 school districts prior to June 1, 1991.
115.28(34)
(34) Exchange teachers. Coordinate and publicize the exchange of teachers under
s. 119.18 (13) and the exchange of teachers and administrators under
s. 120.13 (7).
115.28(36)
(36) Report on goals. Report to the governor and to the appropriate standing committees of the legislature under
s. 13.172 (3) the progress made by school districts toward attaining state educational goals and the state vision for education.
115.28(37)
(37) Training of health professionals. Promote public awareness of, access to and training of health professionals for rural and underserved urban areas.
115.28(39)
(39) Alcohol and other drug abuse report. By July 1, 1998, and biennially by July 1 thereafter, evaluate the effectiveness of the programs under
ss. 115.36,
115.361 and
115.362 and submit a report to the legislature under
s. 13.172 (2). To satisfy this reporting requirement as it pertains to
s. 115.361, the department may incorporate into the report under this subsection the report required under
s. 115.361 (7) (c).
115.28(40)
(40) Milwaukee public museum. Annually distribute the amount appropriated under
s. 20.255 (3) (eg) to the Milwaukee Public Museum to develop curricula and exhibits relating to African American history if the Milwaukee Public Museum provides an equal amount of money for that purpose.
115.28(41)
(41) Elks and Easter Seals Center for Respite and Recreation. Annually distribute the amount appropriated under
s. 20.255 (3) (d) to the Elks and Easter Seals Center for Respite and Recreation.
115.28 History
History: 1971 c. 40,
125;
1973 c. 89,
90;
1975 c. 39,
115,
199,
220,
224,
395,
422;
1977 c. 26,
29,
203,
418,
429;
1979 c. 28,
331;
1979 c. 346 ss.
10,
15;
1979 c. 355;
1981 c. 20,
241;
1983 a. 27,
412;
1985 a. 12;
1985 a. 29 ss.
1686m,
1689,
3202 (43);
1987 a. 27,
159;
1989 a. 31,
56,
297,
336,
359;
1991 a. 39,
93,
108,
164,
227,
250,
269,
315;
1993 a. 16,
27,
213,
223,
335,
339,
437,
455,
492;
1995 a. 27 ss.
3847g to
3858,
9126 (19),
9145 (1);
1995 a. 225;
1997 a. 27,
113,
114,
164,
240,
245,
252.
115.28 Note
NOTE: 1993 Wis. Act 339, which created sub. (7) (e), contains explanatory notes.
115.28 Annotation
See note to Art. I, sec. 18, citing 63 Atty. Gen. 473, concerning school lunch programs in private schools.
115.29
115.29
General powers. The state superintendent may:
115.29(1)
(1) Designate representative. Designate the deputy state superintendent or another employe of the department as the state superintendent's representative on any body on which the state superintendent is required to serve, except the board of regents of the university of Wisconsin system.
115.29(2)
(2) Educational meetings. Attend such educational meetings and make such investigations as the state superintendent deems important and as will acquaint the state superintendent with the different systems of public schools in the United States.
115.29(3)
(3) Auxiliary instructional employes. By order, establish classes of auxiliary instructional employes and authorize their employment in the instructional program of the elementary and high schools for specific purposes and their reimbursement from the instructional budget. Auxiliary instructional employes shall not be covered as teachers as defined in
s. 40.02 (55) or under
s. 118.21,
118.22 or
121.006 (2) but shall be eligible under the public employe trust fund as participating employes as defined in
s. 40.02 (46), if it is made applicable, other than through
s. 40.21 (3), to the school district employing them.
115.29(4)
(4) High school graduation equivalency. Grant declarations of equivalency of high school graduation to persons, if in the state superintendent's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The state superintendent may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the state superintendent, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the state superintendent or other standards established by the state superintendent.
115.29(5)
(5) Teacher supply, information and analysis. Assist school boards, cooperative educational service agencies and county children with disabilities education boards to locate qualified professional school personnel, assist qualified professional school personnel to locate vacant positions and provide information and analysis of the professional school personnel supply.
