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 do all of the following:
115.28(11)(a)
(a) Acquaint each student with the hazards posed by farm machinery and animals on highways and by railroad grade crossings and provide instruction in safely dealing with such hazards.
115.28(11)(b)
(b) Provide at least 30 minutes of instruction relating to organ and tissue donation and organ and tissue donation procedures.
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 proficient 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(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(25)
(25) School technology resource grants. Consult with the technology for educational achievement in Wisconsin board before awarding school technology resource grants under
20 USC 6842.
115.28(26)
(26) Periodical and reference information databases. Contract with one or more persons to provide statewide access, through the Internet, to periodical and reference information databases.
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 and
115.361 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 (2).
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(43)
(43) School safety funding. With the department of justice, seek and apply for federal funds relating to school safety and reducing violence and disruption in schools, including funds for alternative schools or programs. Each department shall make a report by January 1, 2001, and January 1, 2003, of its progress in applying for and obtaining funds under this subsection. The report shall be provided to the legislature in the manner provided under
s. 13.172 (2) to the cochairpersons of the joint committee on finance and to the governor.
115.28(44)
(44) Direct instruction program. From the appropriation under
s. 20.255 (1) (me), award a grant of $80,000 annually in the 1999-2000, 2000-01, 2001-02 and 2002-03 fiscal years to the University of Wisconsin-Milwaukee to conduct a direct instruction pilot program. The purpose of the program shall be to determine the efficiency of direct instruction in improving the ability of children to read. By August 1 of 2000, 2001, 2002 and 2003, the University of Wisconsin-Milwaukee shall submit a report to the appropriate standing committees of the legislature under
s. 13.172, and to the state superintendent, that describes the findings and conclusions of the study.
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;
1999 a. 9,
19,
32,
124,
185,
186.
115.28 Note
NOTE: 1993 Wis. Act 339, which created sub. (7) (e), contains explanatory notes.
115.28 Annotation
The department of public instruction may, if so authorized under 16.54, implement the school lunch program and special food service plan for children in secular and sectarian private schools and child-care institutions without violating the U.S. or Wisconsin Constitutions. 63 Atty. Gen. 473.
115.29
115.29
General powers. The state superintendent may:
115.29(1)
(1) Designate representative. Designate the deputy state superintendent or another employee 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 employees. By order, establish classes of auxiliary instructional employees 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 employees 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 employee trust fund as participating employees 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.
115.295
115.295
Federal appropriations adjustments. 115.295(1)
(1) In this section, "the schedule" means the schedule under
s. 20.005 (3) as published in the biennial budget act for the first fiscal year of a fiscal biennium and as approved by the joint committee on finance under
s. 20.004 (2) for the 2nd fiscal year of a fiscal biennium.
115.295(2)(a)(a) Subject to
par. (b), annually by December 1 or within 30 days after the applicable federal appropriation bill for that federal fiscal year has been enacted, whichever is later, the state superintendent shall submit to the joint committee on finance a plan identifying how the state superintendent proposes to adjust the department's federal appropriations for that state fiscal year to reflect the most recent estimate of the amount of federal funds that the department will be appropriated in that state fiscal year.
115.295(2)(b)
(b) The state superintendent is required to submit a plan under
par. (a) only if the department's most recent estimate of the amount of federal funds that the department will be appropriated under
s. 20.255 in the current state fiscal year is less than 95% or more than 105% of the amount of federal revenue shown in the schedule for the appropriations under
s. 20.255 in that fiscal year.
115.295(3)
(3) After receiving a plan under
sub. (2) (a), the cochairpersons of the joint committee on finance jointly shall determine whether the plan is complete. If the joint committee on finance meets and either approves or modifies and approves a plan submitted under
sub. (2) (a) within 14 days after the cochairpersons determine that the plan is complete, the state superintendent shall implement the plan as approved by the committee. If the joint committee on finance does not meet and either approve or modify and approve a plan submitted under
sub. (2) (a) within 14 days after the cochairpersons determine that the plan is complete, the state superintendent shall implement the proposed plan.
115.295 History
History: 1997 a. 86.
115.30
115.30
Forms and reports. 115.30(1)(1) The department shall prepare for the use of school officers suitable forms for making reports, and suitable outlines as aids in conducting school meetings. With the exception of changes due to statute or rule revision, the department shall give school districts a one-year advance notice of any changes to be made to the forms and reports. School district officers and employees shall maintain a uniform recording of accounting as prescribed by the department and make such reports to the department as will enable it to distribute state school fund appropriations and state educational appropriations to the schools and persons entitled thereto, and to properly discharge the other duties of the department.
115.30(2)
(2) The department may require all school boards to report to it, on forms provided, the name of the school and its location, the name and address of the teachers, the number of months of school maintained during the year, the opening and closing dates, the names and ages of all pupils enrolled between the ages of 6 and 18, the names and post-office addresses and places of residence of the parents of such pupils, the number of the school district and the distance such pupils reside from the schoolhouse, the number of days each pupil was present during each month and any other information requested by it.
115.30(3)
(3) On or before each October 15, each administrator of a public or private school system or a home-based private educational program shall submit, on forms provided by the department, a statement of the enrollment on the 3rd Friday of September in the elementary and high school grades under his or her jurisdiction to the department which shall prepare such reports as will enable the public and private schools and home-based private educational programs to make projections regarding school buildings, teacher supply and funds required. The administrator of each private school system and home-based private educational program shall indicate in his or her report whether the system or program meets all of the criteria under
s. 118.165 (1).
115.30(4)(a)
(a) The condition of all schools under the state superintendent's supervision.
115.30(4)(b)
(b) An abstract of the public school reports made to the state superintendent.
115.30(4)(c)
(c) The state superintendent's visits to educational institutions.
115.30(4)(d)
(d) The work done by the department in the performance of its duties.
115.30(4)(e)
(e) Plans for improving the schools and advancing education.
115.30(4)(f)
(f) A summary of the receipts and disbursements of all schools under the state superintendent's jurisdiction.
115.30(4)(g)
(g) Such other matters as the state superintendent deems appropriate.
