120.12(3)(a)(a) On or before November 1, determine the amount necessary to be raised to operate and maintain the schools of the school district and public library facilities operated by the school district under
s. 43.52, if the annual meeting has not voted a tax sufficient for such purposes for the school year. On or before November 6, the school district clerk shall certify the appropriate amount so determined to each appropriate municipal clerk who shall assess the amount certified and enter it on the tax rolls as other school district taxes are assessed and entered.
120.12(3)(b)
(b) If a tax sufficient to operate and maintain the schools of a school district for the ensuing school year has not been determined, certified and levied prior to the effective date of school district reorganization under
ch. 117 affecting any territory of the school district, the school board of the affected school district shall determine, on or before the November 1 following the effective date of the reorganization, the amount of deficiency in operation and maintenance funds on the effective date of the reorganization which should have been paid by the property in the affected school district if the tax had been determined, certified and assessed prior to the effective date of the reorganization. On or before November 6, the school district clerk shall certify the appropriate amount to each appropriate municipal clerk who shall assess, enter and collect the amount as a special tax on the property. This paragraph does not affect the apportionment of assets and liabilities under
s. 66.0235.
120.12(3)(c)
(c) If on or before November 1 the school board determines that the annual meeting has voted a tax greater than that needed to operate the schools of the school district for the school year, the school board may lower the tax voted by the annual meeting. On or before November 6, the school district clerk shall certify the appropriate amount so determined to each appropriate municipal clerk who shall assess the amount certified to him or her and enter it on the tax rolls in lieu of the amount previously reported.
120.12(3)(d)
(d) If on or before November 1 the school board determines that the annual meeting has voted a tax that would violate the limit under
subch. VII of ch. 121, the school board shall lower the tax to bring it into compliance with that limit.
120.12(4)
(4) Tax for debt retirement. On or before November 1, determine the amount necessary to meet any irrepealable tax obligations or other financial commitments of the school district not otherwise provided for. The school district clerk shall certify the amount apportioned to each appropriate municipal clerk who shall include the amount certified and enter it on the tax rolls as other school district taxes are assessed and entered.
120.12(5)
(5) Repair of school buildings. Keep the school buildings and grounds in good repair, suitably equipped and in safe and sanitary condition at all times. The school board shall establish an annual building maintenance schedule.
120.12(6)
(6) Insurance on school property. Keep the school buildings, equipment and other property amply insured. If there are no funds in the school district treasury sufficient to pay the premium, the school board may execute a note for that purpose.
120.12(7)
(7) Depository. Designate one or more public depositories in which the money belonging to the school district shall be deposited and specify whether the moneys shall be maintained in time deposits subject to the limitations of
s. 66.0603 (1m), demand deposits or savings deposits. When the money is so deposited in the name of the school district, the school district treasurer and bondsmen are not liable for any loss as defined in
s. 34.01 (2). The interest on such deposits shall be paid into the school district treasury.
120.12(9)
(9) Discussion of public questions. Upon the written application of one-half of the electors of the school district, allow the use of the school buildings or grounds for the free discussion of public questions so far as such use does not interfere, in the opinion of the school board, with the prime purpose of the school buildings or grounds.
120.12(11)
(11) Indigent children. Provide books and school supplies for indigent children residing in the school district.
120.12(12)
(12) Sanitary facilities. Provide and maintain enough suitable and separate toilets and other sanitary facilities for both sexes at each school.
120.12(13)
(13) Mail box. Provide and maintain a mail box for each school of the school district located on a rural mail route.
120.12(14)
(14) Course of study. Determine the school course of study.
120.12(15)
(15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in
s. 115.01 (10), shall be held during the school term. This subsection shall not be construed to eliminate a school district's duty to bargain with the employee's collective bargaining representative over any calendaring proposal which is primarily related to wages, hours and conditions of employment.
120.12(16)(a)(a) In cooperation with local health departments, as defined in
s. 250.01 (4), develop and implement a plan to encourage compliance with
par. (b) and
s. 252.04 (2) and submit the plan to the department of health and family services by September 1, 1991, and annually thereafter.
120.12(16)(b)
(b) Require each student to present evidence of completed basic and recall (booster) series immunizations unless the student, if an adult, or the parent, guardian or legal custodian of a minor student submits a written waiver to the school board under
s. 252.04 (3).
120.12(17)
(17) University of Wisconsin System tuition. Pay the tuition of any pupil enrolled in the school district and attending an institution within the University of Wisconsin System if the pupil is not participating in the program under
s. 118.55, the course the pupil is attending at the university is not offered in the school district and the pupil will receive high school credit for the course.
120.12(18)
(18) Continuity of educational programming. Coordinate and provide for continuity of educational programming for pupils receiving educational services as the result of a court order under
s. 48.345 (12) or
938.34 (7d), including but not limited to providing a report to the court assigned to exercise jurisdiction under
chs. 48 and
938 and the agency which is required to submit an educational plan for a child under
s. 48.33 or
938.33 (1) (e). The report shall describe the child's educational status and make recommendations regarding educational programming for the child. The report shall be in writing, except that if the educational plan under
s. 938.33 (1) (e) is presented orally at the dispositional hearing the report may be presented orally to the court assigned to exercise jurisdiction under
chs. 48 and
938 and the agency at the dispositional hearing. If written, the report shall be provided to the court assigned to exercise jurisdiction under
chs. 48 and
938 and the agency at least 3 days before the date of the child's dispositional hearing.
120.12(19)
(19) Integrated service program. If the county board of supervisors establishes an integrated service program for children with severe disabilities under
s. 59.53 (7), participate in an integrated service program for children with severe disabilities under
s. 59.53 (7) and may enter into written interagency agreements or contracts under the program.
120.12(20)
(20) Prohibition of tobacco. Prohibit the use of all tobacco products on premises owned or rented by, or under the control of, a school board, except that the school board may allow the use of tobacco products on premises owned by the school district and rented to another person for noneducational purposes.
120.12(21)
(21) Consideration of effects on historic properties. 120.12(21)(a)(a) In the earliest stage of planning any action related to the following, determine if its proposed action will affect any historic property that is a listed property, as defined under
s. 44.31 (4), or that is on the list of locally designated historic places under
s. 44.45:
120.12(21)(b)
(b) Notify the state historic preservation officer of any proposed action that the school board determines under
par. (a) would affect any historic property.
120.12(22)
(22) Advanced placement examinations. Pay the costs of advanced placement examinations taken by pupils enrolled in the school district who are eligible for free or reduced-price lunches in the federal school lunch program under
42 USC 1758.
120.12(23)
(23) Pupil participation in school activities. Annually, adopt a policy on access to extracurricular and recreational school programs and activities that encourages full participation by all elementary grade pupils in these programs and activities. This subsection does not apply to the school board of a union high school district.
120.12(24)
(24) Health care benefits. Prior to the selection of any group health care benefits provider for school district professional employees, as defined in
s. 111.70 (1) (ne), solicit sealed bids for the provision of such benefits.
120.12(25)
(25) Early admission to kindergarten and first grade. Prescribe procedures, conditions and standards for early admission to kindergarten and first grade.
120.12(26)
(26) School safety plans. Have in effect a school safety plan for each school in the school district.
120.12 History
History: 1973 c. 61,
90;
1975 c. 180,
421;
1977 c. 206,
418;
1979 c. 301,
318,
334;
1983 a. 189 s.
329 (21);
1985 a. 29,
218,
225;
1987 a. 285;
1989 a. 31,
114,
209,
264,
359;
1991 a. 39,
269;
1993 a. 16,
27,
437;
1995 a. 27 ss.
4022r,
4023m,
9126 (19),
9145 (1);
1995 a. 77,
201;
1997 a. 27,
160,
237,
240;
1999 a. 9;
1999 a. 150 s.
672;
2001 a. 30.
120.12 Annotation
Nothing in ch. 62 or 120 precludes a school board from qualifying as a proper "claimant" against a city under s. 62.25. Chilton Joint School District No. 1 v. City of Chilton,
78 Wis. 2d 52,
253 N.W.2d 879 (1977).
120.12 Annotation
Section 66.185 [now sub. (5)] does not prohibit providing health insurance benefits to persons not listed in the statute if authority is granted by other statutes. Sections 120.12, 120.13, and 120.44, broadly construed as required by s. 118.001, grant broad powers, including that of providing insurance to persons not listed in this section. Pritchard v. Madison Metropolitan School District, 2001 WI App 62,
242 Wis. 2d 301,
625 N.W.2d 613.
120.12 Annotation
Under sub. (3), the school board of common or union high school district has ultimate authority to determine the tax levy for operation and maintenance of the schools in the district.
79 Atty. Gen. 46.
120.12 Annotation
School boards have authority to enforce policies that mandate the manner, conditions, and content of police interviews with students on school premises during school hours.
81 Atty. Gen. 126.
120.12 Annotation
Individual school board members are not liable for a failure to supervise district employees. Callaway v. Hafeman,
628 F. Supp. 1478 (1985).
120.125
120.125
Before- and after-school day care. 120.125(1)
(1) In this section, "before- and after-school day care program" means a program which provides day care services before school, after school or both before and after school.
120.125(2)(a)(a) A school board shall permit a day care provider who has submitted a request which meets all of the requirements under
sub. (3) to administer a before- and after-school day care program in any elementary school within the school district unless:
120.125(2)(a)1.
1. There is a limitation of reasonably available space within the elementary school;
120.125(2)(a)2.
2. The school board has previously accepted a request which was submitted under this subsection;
120.125(2)(a)3.
3. Before- and after-school day care programs exist in the elementary school;
120.125(2)(a)4.
4. The school board intends to provide before- and after-school day care services in the elementary school;
120.125(2)(b)
(b) The school board may deny a request under
par. (a) 6. if the school board intends to solicit day care providers to submit requests to provide before- and after-school day care programs in the elementary school for which a request under
par. (a) was submitted. If a school board denies a request under this paragraph, the request submitted under
par. (a) shall be considered along with requests that are submitted as a result of the school board solicitation.
120.125(2)(c)
(c) If a school board denies a request under
par. (a) or
(b), the school board shall specify the reasons for denial, in writing, to the day care provider within 60 days after the date on which the request is received.
120.125(3)(a)(a) A request submitted to a school board under
sub. (2) shall be in writing, name the elementary school in which the before- and after-school day care program is to be provided and shall specify the amount of space needed, the number and ages of the pupils to be served and the time the provider intends to operate the program. The request shall also contain all of the following assurances:
120.125(3)(a)1.
1. That the day care provider will be responsible for all actual incremental costs incurred by the school as a result of permitting the day care provider to provide a before- and after-school day care program in the school building.
120.125(3)(a)2.
2. That the day care provider will be liable to the school district for any damage to property in the operation of the before- and after-school day care program, that the day care provider shall hold the school district harmless from any liability, claim or damages caused by the acts or omissions of the day care provider, and that the day care provider will acquire adequate insurance coverage, as determined by the school district.
120.125(3)(a)3.
3. That the day care provider will not provide religious instruction or permit religious practices to be conducted during the before- and after-school day care program.
120.125(3)(b)
(b) A school board shall conditionally grant a request submitted by a day care provider if all the requirements under
par. (a) are met and
sub. (2) (a) 1. to
6. and
(b) does not apply.
120.125(4)
(4) If a request under
sub. (3) is conditionally accepted by the school board, the school board shall enter into a written agreement with the day care provider that specifies the hours during the day in which the day care provider is to occupy the school premises and the rooms, facilities or equipment that are to be used by the day care provider. The agreement shall also provide all of the following:
120.125(4)(a)
(a) Except as provided under
s. 121.545 (2), that the school board is not responsible for providing transportation to or from the before- and after-school day care program.
120.125(4)(b)
(b) That nothing in the agreement would prohibit the school board from permitting other day care providers to provide day care services to pupils in the same building during the same time and that nothing in the agreement would prohibit the school district from providing before- and after-school day care programs in the same building and during the same time in which the day care provider provides before- and after-school day care programs.
120.125(4)(c)
(c) That the agreement may be terminated by the school board at the end of a school year if the school board intends to provide day care for the pupils in the elementary school or intends to solicit other day care providers to provide services during the following school year.
120.125(4)(d)
(d) That the school board may review and terminate the agreement at any time, with 30 days' prior written notice to the day care provider, if any of the conditions in the agreement are violated by the day care provider.
120.125(4)(e)
(e) That the day care provider shall be responsible for all actual costs incurred by the school district as a result of the agreement, the costs of which shall be paid to the school district at times specified by the school board in the agreement.
120.125(4)(f)
(f) That the day care provider shall be liable to the school district for any damage to property in the operation of the before- and after-school day care program, that the day care provider shall hold the school district harmless from any liability, claim or damages caused by the acts or omissions of the day care provider, and that the day care provider shall acquire adequate insurance, as determined by the school district, to be in effect beginning the first day on which the day care provider provides the before- and after-school day care program.
120.125(4)(g)
(g) That the day care provider shall not provide religious instruction or permit religious practices to be conducted during the before- and after-school day care program.
120.125(4)(h)
(h) That the day care provider shall meet the standards for licensed day care centers established by the department of health and family services.
120.13
120.13
School board powers. The school board of a common or union high school district may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupils, and including all of the following:
120.13(1)
(1) School government rules; suspension; expulsion. 120.13(1)(a)(a) Make rules for the organization, gradation and government of the schools of the school district, including rules pertaining to conduct and dress of pupils in order to maintain good decorum and a favorable academic atmosphere, which shall take effect when approved by a majority of the school board and filed with the school district clerk. Subject to
20 USC 1415 (k), the school board shall adopt a code to govern pupils' classroom conduct beginning in the 1999-2000 school year. The code shall be developed in consultation with a committee of school district residents that consists of parents, pupils, members of the school board, school administrators, teachers, pupil services professionals and other residents of the school district who are appointed to the committee by the school board. The code of classroom conduct may provide different standards of conduct for different schools and may provide additional placement options under
s. 118.164 (3). The code shall include all of the following:
120.13(1)(a)1.
1. A specification of what constitutes dangerous, disruptive or unruly behavior or behavior that interferes with the ability of the teacher to teach effectively under
s. 118.164 (2).
120.13(1)(a)3.
3. The procedures for determining the appropriate educational placement of a pupil who has been removed from the class and assigned a placement by the school principal or his or her designee under
s. 118.164.
120.13(1)(a)4.
4. A procedure for notifying the parent or guardian of a minor pupil who has been removed from the class under
s. 118.164 (2).
120.13(1)(b)1.1. In addition to rule-making authority granted school boards under
par. (a), the school district administrator, or any principal or teacher designated by the school district administrator, may make rules with the consent of the school board.
120.13(1)(b)2.
2. The school district administrator or any principal or teacher designated by the school district administrator may suspend a pupil for not more than 5 school days or, if a notice of expulsion hearing has been sent under
par. (c) 4. or
(e) 4. or
s. 119.25 (2) (c), for not more than a total of 15 consecutive school days for any of the following reasons:
120.13(1)(b)2.a.
a. Noncompliance with rules adopted under
subd. 1. or school board rules.
120.13(1)(b)2.b.
b. Knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives.
120.13(1)(b)2.c.
c. Conduct by the pupil while at school or while under the supervision of a school authority that endangers the property, health or safety of others.
120.13(1)(b)2.d.
d. Conduct while not at school or while not under the supervision of a school authority that endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employee or school board member of the school district in which the pupil is enrolled.
120.13(1)(b)2m.
2m. In subdivision 2. c. and d., conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.
120.13(1)(b)3.
3. Prior to any suspension, the pupil shall be advised of the reason for the proposed suspension. The pupil may be suspended if it is determined that the pupil is guilty of noncompliance with a school board rule or a rule adopted under
subd. 1., or of the conduct charged, and that the pupil's suspension is reasonably justified. The parent or guardian of a suspended minor pupil shall be given prompt notice of the suspension and the reason for the suspension.
120.13(1)(b)4.
4. The suspended pupil or the pupil's parent or guardian may, within 5 school days following the commencement of the suspension, have a conference with the school district administrator or his or her designee who shall be someone other than a principal, administrator or teacher in the suspended pupil's school. If the school district administrator or his or her designee finds that the pupil was suspended unfairly or unjustly, or that the suspension was inappropriate, given the nature of the alleged offense, or that the pupil suffered undue consequences or penalties as a result of the suspension, reference to the suspension on the pupil's school record shall be expunged. The administrator, or the administrator's designee, shall make a finding within 15 days of the conference.
120.13(1)(b)5.
5. A pupil suspended under this paragraph shall not be denied the opportunity to take any quarterly, semester or grading period examinations or to complete course work missed during the suspension period, as provided in the attendance policy established under
s. 118.16 (4) (a).
120.13(1)(bm)
(bm) The school district administrator or any principal or teacher designated by the school district administrator shall suspend a pupil under
par. (b) if the school district administrator, principal or teacher determines that the pupil, while at school or while under the supervision of a school authority, possessed a firearm, as defined in
18 USC 921 (a) (3).
120.13(1)(c)1.1. The school board may expel a pupil from school whenever it finds the pupil guilty of repeated refusal or neglect to obey the rules, or finds that a pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or finds that the pupil engaged in conduct while at school or while under the supervision of a school authority which endangered the property, health or safety of others, or finds that a pupil while not at school or while not under the supervision of a school authority engaged in conduct which endangered the property, health or safety of others at school or under the supervision of a school authority or endangered the property, health or safety of any employee or school board member of the school district in which the pupil is enrolled, and is satisfied that the interest of the school demands the pupil's expulsion. In this subdivision, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.
120.13(1)(c)2.
2. In addition to the grounds for expulsion under
subd. 1., the school board may expel from school a pupil who is at least 16 years old if the school board finds that the pupil repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an activity supervised by a school authority and that such conduct does not constitute grounds for expulsion under
subd. 1., and is satisfied that the interest of the school demands the pupil's expulsion.
120.13(1)(c)2m.
2m. The school board shall commence proceedings under
subd. 3. and expel a pupil from school for not less than one year whenever it finds that the pupil, while at school or while under the supervision of a school authority, possessed a firearm, as defined in
18 USC 921 (a) (3). Annually, the school board shall report to the department the information specified under
20 USC 8921 (d) (1) and (2).
120.13(1)(c)3.
3. Prior to expelling a pupil, the school board shall hold a hearing. Upon request of the pupil and, if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed. The pupil and, if the pupil is a minor, the pupil's parent or guardian may be represented at the hearing by counsel. The school board shall keep written minutes of the hearing. Upon the ordering by the school board of the expulsion of a pupil, the school district clerk shall mail a copy of the order to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the expulsion to the state superintendent. If the school board's decision is appealed to the state superintendent, within 60 days after the date on which the state superintendent receives the appeal, the state superintendent shall review the decision and shall, upon review, approve, reverse or modify the decision. The decision of the school board shall be enforced while the state superintendent reviews the decision. An appeal from the decision of the state superintendent may be taken within 30 days to the circuit court of the county in which the school is located.
