44.62(1)(b)
(b) "Municipality" means any city, village, town, county or federally recognized American Indian tribe or band in this state.
44.62(2)
(2) Subject to
sub. (3), the board shall award grants under the Wisconsin regranting program to local arts agencies and municipalities. Grants shall be awarded from the appropriations under
s. 20.215 (1) (f) and
(j).
44.62(3)
(3) No grant may be distributed under
sub. (2) unless the local arts agency or municipality makes a matching fund contribution that is equal to the amount of the grant awarded under this section. Private funds and in-kind contributions may be applied to meet the requirement of this subsection.
44.62(4)
(4) The board shall promulgate rules to implement and administer this section.
44.62 History
History: 1995 a. 27;
2001 a. 16.
TECHNOLOGY FOR EDUCATIONAL
ACHIEVEMENT IN WISCONSIN BOARD
44.70
44.70
Definitions. In this subchapter:
44.70(1)
(1) "Board" means the technology for educational achievement in Wisconsin board.
44.70(1d)
(1d) "Charter school sponsor" means an entity described under
s. 118.40 (2r) (b) that is sponsoring a charter school.
44.70(1m)
(1m) "Data line" means a data circuit that provides direct access to the Internet.
44.70(2)
(2) "Department" means the department of administration.
44.70(2g)
(2g) "Educational agency" means a school district, charter school sponsor, secured correctional facility, private school, cooperative educational service agency, technical college district, private college, public library system, public library board, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing.
44.70(3)
(3) "Educational technology" means technology used in the education or training of any person or in the administration of an elementary or secondary school and related telecommunications services.
44.70(3d)
(3d) "Political subdivision" means any city, village, town, or county.
44.70(3g)
(3g) "Private college" means a private, regionally accredited, 4-year, nonprofit college or university that is incorporated in this state or that has its regional headquarters and principal place of business in this state or a tribally controlled college in this state.
44.70(3r)
(3r) "Secured correctional facility" means the Southern Oaks Girls School, the Ethan Allen School, the Youth Leadership Training Center, and the Lincoln Hills School.
44.70(5)
(5) "Universal service fund" means the trust fund established under
s. 25.95.
44.70(6)
(6) "Video link" means a 2-way interactive video circuit.
44.71
44.71
Technology for educational achievement in Wisconsin board. 44.71(1)(1)
Executive director; staff. The governor may appoint a person to serve as executive director of the board. The executive director may appoint subordinate staff, subject to authorization under
s. 16.505.
44.71(2)
(2) Duties. The board shall do all of the following:
44.71(2)(a)
(a) In cooperation with school districts, cooperative educational service agencies, the technical college system board, the board of regents of the University of Wisconsin System and the department, promote the efficient, cost-effective procurement, installation and maintenance of educational technology by school districts, cooperative educational service agencies, technical college districts and the University of Wisconsin System.
44.71(2)(b)
(b) Identify the best methods of providing preservice and in-service training for teachers related to educational technology.
44.71(2)(c)
(c) With the consent of the department, enter into cooperative purchasing agreements under
s. 16.73 (1) under which participating school districts and cooperative educational service agencies may contract for their professional employees to receive training concerning the effective use of educational technology.
44.71(2)(d)
(d) In cooperation with the board of regents of the University of Wisconsin System, the technical college system board, the department of public instruction and other entities, support the development of courses for the instruction of professional employees who are licensed by the state superintendent of public instruction concerning the effective use of educational technology.
44.71(2)(e)
(e) Subject to
s. 44.73 (5), in cooperation with the department, provide telecommunications access to educational agencies under the program established under
s. 44.73.
44.71(2)(f)
(f) No later than October 1 of each even-numbered year, submit a biennial report concerning the board's activities to the governor, and to the appropriate standing committees of the legislature under
s. 13.172 (3).
44.71(2)(g)
(g) Coordinate the purchasing of educational technology materials, supplies, equipment, and contractual services for school districts, cooperative educational service agencies, technical college districts, and the board of regents of the University of Wisconsin System by the department under
s. 16.72 (8), and, in cooperation with the department and subject to the approval of the department of electronic government, establish standards and specifications for purchases of educational technology hardware and software by school districts, cooperative educational service agencies, technical college districts, and the board of regents of the University of Wisconsin System.
44.71(2)(h)
(h) With the approval of the department of electronic government, purchase educational technology equipment for use by school districts, cooperative educational service agencies, and public educational institutions in this state and permit the districts, agencies, and institutions to purchase or lease the equipment, with an option to purchase the equipment at a later date. This paragraph does not require the purchase or lease of any educational technology equipment from the board.
44.71(2)(i)
(i) Administer, modify, or rescind any grant or award made by the Wisconsin Advanced Telecommunications Foundation to fund a project described in s.
14.28 (3) (a) 1. to
5., 1999 stats., to the extent allowed under a contract for making the grant or award.
44.71(3)
(3) Powers. The board may contract with the Wisconsin Advanced Telecommunications Foundation to provide administrative services to the foundation.
44.72
44.72
Educational technology training programs, grants, aids and loans. 44.72(1)
(1)
Educational technology training and technical assistance grants. From the appropriation under
s. 20.275 (1) (et), the board shall award grants to cooperative educational service agencies and to consortia consisting of 2 or more school districts, charter school sponsors, secured correctional facilities, or cooperative educational service agencies, or one or more school districts, charter school sponsors, secured correctional facilities, or cooperative educational service agencies and one or more public library boards, to provide technical assistance and training in the use of educational technology. An applicant for a grant shall submit to the board a plan that specifies the school districts, charter school sponsors, secured correctional facilities, and public library boards that will participate in the program and describes how the funds will be allocated. The board shall do all of the following:
44.72(1)(a)
(a) Award grants to applicants on a competitive basis through one funding cycle annually, except that the board shall ensure that at least one grant is awarded annually to an applicant located in the territory of each cooperative educational service agency.
44.72(1)(b)
(b) Give preference in awarding grants to consortia that include one or more public library boards.
44.72(1)(c)
(c) To the extent possible, ensure that grants are equally distributed on a statewide basis.
44.72(2)
(2) Educational technology block grants. 44.72(2)(b)1.1. In this paragraph, "equalized valuation per member" means equalized valuation, as defined in
s. 121.004 (2), divided by membership, as defined in
s. 121.004 (5), except as follows:
44.72(2)(b)1.a.
a. For a school district operating only high school grades, "equalized valuation per member" means equalized valuation, as defined in
s. 121.004 (2), divided by the result obtained by multiplying membership, as defined in
s. 121.004 (5), by 3.
44.72(2)(b)1.b.
b. For a school district operating only elementary grades, "equalized valuation per member" means equalized valuation, as defined in
s. 121.004 (2), divided by the result obtained by multiplying membership, as defined in
s. 121.004 (5), by 1.5.
44.72(2)(b)1.c.
c. If a school district's equalized valuation per member is less than $75,000, it shall be considered to be $75,000 for purposes of this paragraph.
44.72(2)(b)2.
2. From the appropriations under
s. 20.275 (1) (f),
(im),
(jm),
(js), and
(mp), annually the board shall pay $5,000 to each eligible school district and $5,000 to the department of corrections for each eligible correctional facility. The department of corrections shall allocate funds received under this subsection among the eligible secured correctional facilities as it considers appropriate. The board shall distribute the balance in the appropriation to eligible school districts and to charter school sponsors in proportion to the weighted membership of each school district and in proportion to the number of pupils attending each charter school on the 3rd Friday of September. The weighted membership for a school district shall be determined by dividing the statewide average equalized valuation per member by the school district's equalized valuation per member and multiplying the result by the school district's membership, as defined in
s. 121.004 (5).
44.72(2)(c)
(c) A school district is eligible for a grant under
par. (b) 2. only if the annual meeting in a common school district, or the school board in a unified school district or in a school district operating under
ch. 119, adopts a resolution requesting the grant. A secured correctional facility is eligible for a grant under
par. (b) 2. only if the secretary of corrections submits a written request to the board. A charter school sponsor is eligible for a grant under
par. (b) 2. only if it submits a written request to the board. A grant under this subsection may not be used to replace funding available from other sources.
44.72(2)(d)
(d) A school district or secured correctional facility receiving a grant under
par. (b) shall deposit the moneys in a separate fund. The moneys may be used for any purpose related to educational technology, except that a school district or secured correctional facility may not use the moneys to pay the salary or benefits of any school district or secured correctional facility employee. A charter school sponsor that receives a grant under
par. (b) may use the moneys for any purpose related to educational technology that benefits the pupils attending the charter school, except that a charter school sponsor may not use the moneys to pay the salary or benefits of any charter school employee.
44.72(2)(e)
(e) The board shall distribute the grants under
par. (b) 2. annually on the first Monday in February.
44.72(3)
(3) Computer training. Annually, the board shall pay to the Racine Unified School District the amount appropriated under
s. 20.275 (1) (q) for training teachers and pupils in computers, including training in use of the Internet, Web design, computer animation, graphic design, and video skills.
44.72(4)
(4) Educational technology infrastructure financial assistance. 44.72(4)(a)(a)
Financial assistance authorized. The board may provide financial assistance under this subsection to school districts and charter school sponsors from the proceeds of public debt contracted under
s. 20.866 (2) (zc) and to public library boards from the proceeds of public debt contracted under
s. 20.866 (2) (zcm). Financial assistance under this subsection may be used only for the purpose of upgrading the electrical wiring of school and library buildings in existence on October 14, 1997, and installing and upgrading computer network wiring.
44.72(4)(b)
(b)
Financial assistance applications, terms and conditions. The board shall establish application procedures for, and the terms and conditions of, financial assistance under this subsection, including a condition requiring a charter school sponsor to use financial assistance under this subsection for wiring upgrading and installation that benefits pupils attending the charter school. The board shall make a loan to a school district, charter school sponsor, or public library board in an amount equal to 50% of the total amount of financial assistance for which the board determines the school district or public library board is eligible and provide a grant to the school district or public library board for the remainder of the total. The terms and conditions of any financial assistance under this subsection may include provision of professional building construction services under
s. 16.85 (15). The board shall determine the interest rate on loans under this subsection. The interest rate shall be as low as possible but shall be sufficient to fully pay all interest expenses incurred by the state in making the loans and to provide reserves that are reasonably expected to be required in the judgment of the board to ensure against losses arising from delinquency and default in the repayment of the loans. The term of a loan under this subsection may not exceed 10 years.
44.72(4)(c)
(c)
Repayment of loans. The board shall credit all moneys received from school districts and charter school sponsors for repayment of loans under this subsection to the appropriation account under
s. 20.275 (1) (h). The board shall credit all moneys received from public library boards for repayment of loans under this subsection to the appropriation account under
s. 20.275 (1) (hb).
44.72(4)(d)
(d)
Funding for financial assistance. The board, with the approval of the governor and subject to the limits of
s. 20.866 (2) (zc) and
(zcm), may request that the building commission contract public debt in accordance with
ch. 18 to fund financial assistance under this subsection.
44.73
44.73
Educational telecommunications access program. 44.73(1)(1) Except as provided in
s. 196.218 (4t), the board, in consultation with the department and subject to the approval of the department of electronic government, shall promulgate rules establishing an educational telecommunications access program to provide educational agencies with access to data lines and video links.
44.73(2)
(2) The rules promulgated under
sub. (1) shall do all of the following:
44.73(2)(a)
(a) Allow an educational agency to make a request to the board for access to either one data line or one video link, except that any educational agency may request access to additional data lines if the agency shows to the satisfaction of the board that the additional data lines are more cost-effective than a single data line and except that a school district that operates more than one high school or a public library board that operates more than one library facility may request access to both a data line and a video link and access to more than one data line or video link.
44.73(2)(b)
(b) Establish eligibility requirements for an educational agency to participate in the program established under
sub. (1), including a requirement that a charter school sponsor use data lines and video links to benefit pupils attending the charter school and a requirement that Internet access to material that is harmful to children, as defined in
s. 948.11 (1) (b), is blocked on the computers of secured correctional facilities that are served by data links and video links subsidized under this section.
44.73(2)(c)
(c) Establish specifications for data lines and video links for which access is provided to an educational agency under the program established under
sub. (1).
44.73(2)(d)
(d) Require an educational agency to pay the department not more than $250 per month for each data line or video link that is provided to the educational agency under the program established under
sub. (1), except that the charge may not exceed $100 per month for each data line or video link that relies on a transport medium that operates at a speed of 1.544 megabits per second.
44.73(2)(f)
(f) Ensure that secured correctional facilities that receive access under this section to data lines and video links use them only for educational purposes.
44.73(2g)
(2g) An educational agency that is provided access to a data line under the program established under
sub. (1) may not do any of the following:
44.73(2g)(b)
(b) Request access to an additional data line for purposes of providing access to bandwidth to a political subdivision under a shared service agreement under
sub. (2r) (a).
44.73(2r)(a)(a) A public library board that is provided access to a data line under the program established under
sub. (1) may enter into a shared service agreement with a political subdivision that provides the political subdivision with access to any excess bandwidth on the data line that is not used by the public library board, except that a public library board may not sell, resell, or transfer in consideration for money or anything of value to a political subdivision access to any excess bandwidth. A shared service agreement under this paragraph is not valid unless the agreement allows the public library board to cancel the agreement at any time after providing notice to the political subdivision.
44.73(2r)(b)
(b) A political subdivision that obtains access to bandwidth under a shared service agreement under
par. (a) may not receive compensation for providing any other person with access to the bandwidth.
44.73(2r)(c)
(c) A public library board shall provide the technology for educational achievement in Wisconsin board with written notice within 30 days after entering into or modifying a shared service agreement under
par. (a).
44.73(3)
(3) The board shall submit an annual report to the department on the status of providing data lines and video links that are requested under
sub. (2) (a) and the impact on the universal service fund of any payment under contracts under
s. 16.974.
44.73(4)
(4) If the federal communications commission promulgates or modifies rules that provide rate discounts for telecommunications services to educational agencies under
47 USC 254, the governor shall submit a report to the joint committee on finance that includes any recommended changes to statutes or rules with respect to funding the program established under
sub. (1).
44.73(5)
(5) Notwithstanding
subs. (1) and
(2), technical college districts are not eligible to participate in the program established under
sub. (1) before April 1, 1998. The board shall determine by April 1, 1998, whether there are sufficient moneys in the appropriation under
s. 20.275 (1) (t) to include technical college districts in the program established under
sub. (1). If the board determines that there are sufficient moneys, technical college districts are eligible to participate in the program established under
sub. (1) beginning on April 1, 1998.
44.73(6)(a)(a) From the appropriation under
s. 20.275 (1) (s) or
(tm), the board may award an annual grant to a school district or private school that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the board. The board shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district or private school under a contract entered into under
s. 16.974 (1) or
(3) less the amount that the school district or private school would be paying under
sub. (2) (d) if the school district or private school were participating in the program established under
sub. (1), except that the amount may not be greater than the cost that a school district or private school incurs under the contract in effect on October 14, 1997. A school district or private school receiving a grant under this subsection is not eligible to participate in the program under
sub. (1). No grant may be awarded under this subsection after December 31, 2005.
44.73(6)(b)
(b) Notwithstanding
par. (a), the board may award a school district that operates more than one high school and that had in effect on October 14, 1997, a contract for access to more than one data line or video link an annual grant for each data line or video link serving each high school covered by that contract.
44.73 History
History: 1999 a. 9 ss.
2318,
2323 to
2329;
2001 a. 16.
44.73 Annotation
The provision, under s. 196.218 (4r) [now ss. 44.70 to 44.73], of subsidized links to all schools public and private, including religious schools, on a neutral basis does not violate the establishment clause of the 1st amendment of the United States constitution. Unrestricted direct cash grants, under sub. (4r) (g) [now sub. (6)], to religious organizations do violate the establishment clause. Freedom From Religion Foundation, Inc. v. Bugher,
55 F. Supp. 2d 962 (1999).
