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(42)
(42) Wisconsin geographic education program. Enter into an agreement with the National Geographic Society Education Foundation to establish a geographical education program in this state. The agreement shall require each of the following:
115.28(42)(a)
(a) That the National Geographic Society Education Foundation shall establish and manage a trust fund consisting of any grant made under
2001 Wisconsin Act 16, section 9101 (10) (b), and $500,000 in matching funds provided by the Foundation.
115.28(42)(b)
(b) That, from the trust fund established under
par. (a) and any income thereon, the National Geographic Society Education Foundation shall award grants and support programs for improving geographical education in this state, with an emphasis on improving student use of geographic information systems technology.
115.28(42)(c)
(c) That the National Geographic Society Education Foundation annually submit to the department an audited financial statement of the trust fund established under
par. (a) that is prepared by an independent auditor and a report listing the names of grant recipients and the amounts and purposes of awards and other expenditures made from the trust fund.
115.28(42)(d)
(d) That, if the trust fund established under
par. (a) is dissolved, the National Geographic Society Education Foundation shall return to the department the grant made under
2001 Wisconsin Act 16, section 9101 (10) (b), and unexpended income thereon.
115.28(42)(e)
(e) That the agreement is not effective unless the secretary of administration determines that the transfer between the appropriation accounts described under
2001 Wisconsin Act 16, section 9101 (10) (b), has occurred and that the National Geographic Society Education Foundation has provided the matching funds described in
par. (a).
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(48)
(48) Veterans. Encourage school boards to invite armed forces veterans to school to discuss their experiences as veterans.
115.28(49)
(49) Charter school report. Annually report to the legislature, in the manner provided under
s. 13.172 (2), on the status of existing charter schools, the number of petitions for new charter schools, and school board and departmental action on petitions for new charter schools.
115.28(51)
(51) Funeral assistants. Encourage school boards to grant an excused absence to a pupil in grades 6 to 12 for the purpose of sounding "Taps" during a military honors funeral for a deceased veteran.
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;
2001 a. 16;
2003 a. 33,
42.
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 s. 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. 115.29(4)(a)(a) 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(4)(b)
(b) Promulgate rules establishing fees for issuing a declaration of equivalency of high school graduation or a general educational development certificate under
par. (a). The rules may provide exemptions from the fees based on financial need.
115.29 Cross-reference
Cross Reference: See also ch.
PI 5, Wis. adm. code.
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.
115.30(5)
(5) The department shall make certified copies, when required, of any papers deposited or filed or records kept in the department, and of any act or decision made by it. The fee therefor shall be 15 cents per page.
115.31
115.31
License or permit revocation; reports; investigation. 115.31(1)(a)
(a) "Administrator" means the chief administrative officer of an educational agency. If the chief administrative officer is the subject of a report under this section, "administrator" means the presiding officer of the governing board of the educational agency or the secretary of the department in which the educational agency is located.
115.31(1)(b)
(b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under
s. 302.01, secured correctional facility, as defined in
s. 938.02 (15m), secured child caring institution, as defined in
s. 938.02 (15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health Institute, a state center for the developmentally disabled, a private school, or a private, nonprofit, nonsectarian agency under contract with a school board under
s. 118.153 (3) (c).
115.31(1)(c)
(c) "Immoral conduct" means conduct or behavior that is contrary to commonly accepted moral or ethical standards and that endangers the health, safety, welfare or education of any pupil.
115.31(2)
(2) Except as provided under
sub. (2g), after written notice of the charges and of an opportunity for defense, any license granted by the state superintendent may be revoked by the state superintendent for incompetency or immoral conduct on the part of the licensee.
115.31(2g)
(2g) Notwithstanding
subch. II of ch. 111, the state superintendent shall revoke a license granted by the state superintendent, without a hearing, if the licensee is convicted of any Class A, B, C, or D felony under
ch. 940 or
948, except
ss. 940.08 and
940.205, for a violation that occurs on or after September 12, 1991, or any Class E, F, G, or H felony under
ch. 940 or
948, except
ss. 940.08 and
940.205, for a violation that occurs on or after February 1, 2003.
115.31(2r)(a)(a) Except as provided under
par. (b), the state superintendent may not reinstate a license revoked under
sub. (2g) for 6 years following the date of the conviction, and may reinstate a license revoked under
sub. (2g) only if the licensee establishes by clear and convincing evidence that he or she is entitled to reinstatement.
115.31(2r)(b)
(b) The state superintendent shall reinstate a license revoked under
sub. (2g), prior to the expiration of the 6-year period following the conviction, if he or she receives from the court in which the conviction occurred a certificate stating that the conviction has been reversed, set aside or vacated.
115.31(3)
(3) An administrator shall do all of the following:
115.31(3)(a)
(a) Report to the state superintendent the name of any person employed by the educational agency and licensed by the state superintendent if any of the following occurs:
115.31(3)(a)1.
1. The person is charged with a crime under
ch. 948, including a crime specified under
s. 948.015, a felony with a maximum term of imprisonment of at least 5 years or a crime in which the victim was a child.
115.31(3)(a)3.
3. The person is dismissed, or his or her contract is not renewed, by the employer based in whole or in part on evidence that the person engaged in immoral conduct.
115.31(3)(a)4.
4. The person resigns and the administrator has a reasonable suspicion that the resignation relates to the person having engaged in immoral conduct.
115.31(3)(b)
(b) Report to the state superintendent the name of any person employed by the educational agency who is not licensed by the state superintendent if the person is convicted of a crime described under
par. (a) 1. or of 4th degree sexual assault under
s. 940.225 (3m).
115.31(3)(c)
(c) Send a copy of any report that is made to the state superintendent under
par. (a) or
(b) to the person who is the subject of the report.
115.31(4)
(4) If an administrator requests a person who is employed by an educational agency and licensed by the state superintendent to resign, and the administrator has a reasonable suspicion that the person engaged in immoral conduct, the administrator shall inform the person of the duty to report to the state superintendent under
sub. (3) (a) 4.
115.31(5)(a)(a) A report under
sub. (3) shall be made within 15 days after the administrator becomes aware of the charge, conviction, dismissal, nonrenewal or resignation.
115.31(5)(b)
(b) Any administrator who in good faith reports or fails to report information under
sub. (3), and any other person who reports information under
sub. (3) to the state superintendent, is immune from civil liability for such acts or omissions.
115.31(6)(a)(a) Upon receiving a report under
sub. (3) (a) 2. or
(b) indicating that a person was convicted of a crime, the state superintendent shall verify the conviction.
115.31(6)(b)
(b) Upon receiving a report under
sub. (3) relating to a person licensed by the state superintendent, the state superintendent shall investigate to determine whether to initiate revocation proceedings. During the investigation, the state superintendent shall keep confidential all information pertaining to the investigation except the fact that an investigation is being conducted and the date of the revocation hearing.
115.31(6)(c)
(c) Notwithstanding
s. 16.61 (4), the department shall destroy all information pertaining to an investigation or a revocation proceeding, other than the fact that a person was convicted of a crime described under
sub. (3) (a) 1., 3 years from the date on which the investigation is terminated or a final decision denying revocation of the person's license is issued, whichever is later.
115.31(6m)
(6m) The department of public instruction shall, without a hearing, revoke a license or permit granted by the department of public instruction if the department of revenue certifies under
s. 73.0301 that the licensee or permit holder is liable for delinquent taxes.
115.31(7)
(7) Any person who intentionally fails to report as required under this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
115.31(8)
(8) The state superintendent shall promulgate rules to implement and administer this section.
115.31 Annotation
A woman attempting to protect the lives of her daughter and granddaughters by shooting their potential attacker after issuing numerous warnings and taking actions in an apparent attempt to avoid shooting did not act contrary to commonly accepted moral or ethical standards. That she was convicted of carrying a concealed weapon did not necessarily show moral turpitude or bad purpose. Epstein v. Benson, 2000 WI App 195,
238 Wis. 2d 717,
618 N.W.2d 224.
115.315
115.315
Memorandum of understanding; license restriction and suspension. As provided in the memorandum of understanding under
s. 49.857, the department shall restrict or suspend a license or permit granted by the department if the licensee or permit holder is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the licensee or permit holder fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings.
115.315 History
History: 1997 a. 191.
115.33
115.33
Inspection of school buildings. 115.33(1)(b)
(b) "Proposed use" means a function that the school board has indicated by resolution that it intends to pursue within the current school year or the next 2 succeeding school years.
115.33(2)(a)(a) The state superintendent may request the department of commerce to inspect a public school if any of the following occurs:
115.33(2)(a)1.
1. Any elector in the school district complains in writing to the state superintendent that the school is inadequate or is otherwise unfit for school purposes.
