119.16(3m)(a)(a) By July 1, 2011, the board shall evaluate all school buildings in the school district operating under this chapter according to the criteria established under
par. (b), and shall develop a master plan governing the use, repair, renovation, and demolition of buildings in the school district.
119.16(3m)(b)
(b) The board shall establish criteria to evaluate the safety, structural integrity, utility, and costs of maintenance and repair of school buildings in the school district. Subject to the requirements under
sub. (10), the criteria shall include consideration of the advantages and disadvantages of repairing versus demolishing older buildings having high maintenance or operating costs.
119.16(4)
(4) Competitive bidding. The board shall establish competitive bidding policies and procedures for purchases and for construction contracts.
119.16(5)
(5) Special courses. Within budgetary limitations, the board shall establish in any public school, in grade 7 and higher, such classes of instruction consistent with the educational goals and objectives adopted by the board under
sub. (1) as are petitioned for by the parents of a number of pupils attending the school sufficient to form one or more classes of instruction. Petition by the parents of 30 or more pupils of like classification attending any such school requesting the establishment of instruction in a specified subject is prima facie evidence of the sufficiency of the number of pupils to commence instruction therein.
119.16(6)
(6) Custodians of school premises. The board shall fix the duties and responsibilities of principals, as custodians of the school premises, and of the school engineers. Each principal shall have general supervision of and shall be custodian of all school premises over which the principal presides.
119.16(8)(a)(a) Annually before adopting its budget for the ensuing school year and at least 5 days before transmitting its completed budget under
par. (b), the board shall hold a public hearing on the proposed school budget at a time and place fixed by the board. At least one week before the public hearing, the board shall publish a class 1 notice, under
ch. 985, of the public hearing.
119.16(8)(b)
(b) The board shall transmit its completed budget to the common council on or before the first Monday in August of each year on forms furnished by the auditing officer of the city. Such completed budget shall be published with the budget summary under
s. 65.04 (2) or
65.20 and budget under
s. 65.05 (7).
119.16(9)
(9) School budget. Annually, the board shall prepare a budget for each school in the school district operating under this chapter.
119.16(10)(a)(a) The board may not demolish any school facility that is 50 years old or older without the approval of the city historic preservation commission.
119.16(10)(b)
(b) The board may construct new school facilities only in the areas of greatest local need for such facilities.
119.16(11)
(11) Comprehensive programs. The board shall collaborate with nonprofit organizations and government agencies to provide pupils with comprehensive social services and educational support, which may include a program that offers comprehensive services that address the needs of children and youth from before the time they are born through postsecondary education.
119.16(12)
(12) Alternative routes to graduation. The board shall provide alternative methods of attaining a high school diploma for those pupils who are unlikely to graduate in the traditional manner, including a program allowing a pupil or former pupil to retake a course in which he or she was not initially successful.
119.16(13)
(13) Research consortium. If the board determines that sufficient state or federal aid or private funding is available for this purpose, the board shall participate in an educational research consortium, similar to the Consortium on Chicago School Research and the Boston Plan for Excellence, to provide research and policy recommendations, including recommendations addressing pupil literacy and academic achievement, to the department, the board, and the legislature. In addition, the research consortium shall make its recommendations publicly available.
119.16(14)
(14) Parent survey. Annually, the board shall conduct a survey of parents of pupils enrolled in the school district operating under this chapter and use the results of the survey to develop or modify parent involvement and school improvement plans, which may include school-based community resource centers, regularly scheduled public meetings, or parent education classes.
119.16 Annotation
One who deals with a municipality does so at his or her own risk and may be subject to any provisions of law that might prevent him or her from being paid by a municipality even though the services were rendered. Unless the power to bind the municipality financially has been specifically delegated, the only entity with the statutory authority to contract is the municipality. The statutes do not authorize anyone other than the board to enter into contracts. The board may delegate that authority, but it must do so clearly and specifically. For an MPS employee to have such power, it must be specifically delegated by the board to that employee or class of employees. Holzbauer v. Safway Steel Products, Inc. 2005 WI App 240,
288 Wis. 2d 250,
706 N.W.2d 36,
04-2058.
119.16 Annotation
The authority of school boards to contract for services and facilities for special needs students is discussed. 61 Atty. Gen. 203.
119.18(1g)(1g)
Generally. The board 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.
119.18(1r)
(1r) Rules. The board may adopt and modify or repeal rules for its own government and for the organization, discipline and management of the public schools which shall promote the good order and public usefulness of the public schools.
119.18(2)
(2) Distribution of printed proceedings. The board may determine the distribution of the printed proceedings of the board.
119.18(3)
(3) Transportation. The board may provide for the transportation of pupils to and from any school within the city.
119.18(4)
(4) Insurance. The board may provide for accident insurance covering pupils in the school district.
119.18(5)
(5) Textbooks for indigent pupils. The board may purchase textbooks for pupils whose parents, guardians or other persons having control or custody of such pupils are without means to furnish them with textbooks, if the indigency of such pupils have been investigated and certified by a welfare worker or attendance officer. The local governmental authority administering poor relief in the city shall reimburse the board for all expenditures by the board for such textbooks. Such textbooks shall be the property of the city and subject to the disposal of the board.
119.18(6)
(6) School calendar. The board may determine the school calendar and vacation periods for each school year for the regular day schools, summer schools, social centers and playgrounds, except that:
119.18(6)(a)
(a) The period of teaching service in the regular day schools shall not exceed 200 days, including the legal holidays and educational convention days on which the schools are closed.
119.18(6)(b)
(b) The board may close any school or dismiss any class in the event of an emergency, fire or other casualty, quarantine or epidemic.
119.18(7)
(7) School hours. The board may establish rules scheduling the hours of each school day during which the schools shall be in session. The board may differentiate between the various grades in scheduling such school hours.
119.18(8)
(8) Schools closed. The board may determine on which national, state and local legal holidays and for which educational conventions the public schools shall be closed. There shall be no deductions from the annual or monthly compensation of employees not rendering services on such days.
119.18(9)
(9) Enrollment under legal name. The board may require that any pupil attending public school shall be enrolled under the pupil's legal name.
119.18(10)(b)(b) Subject to
ss. 63.18 to
63.53 when applicable, the board may employ and determine the qualifications, duties and compensation of any persons as are required in the operation and management of the schools.
119.18(10)(c)
(c) The board may employ a staff to aid it in its duties. The board shall determine the compensation, duties and qualifications of its staff, including whether or not employment of such staff shall be subject to
ss. 63.18 to
63.53.
119.18(11)
(11) Bonded officers and employees. The board may require any officer or employee of the board to give security for the faithful performance of the officer's or employee's duties in such form and amount as the board determines, and may require at any time additional bonds and sureties of any officer or employee.
119.18(12)
(12) Employer contribution. The board may make as the employer agency the contributions to the city retirement system payable under
chapter 396, laws of 1937, in respect to its employees who are members of such system.
119.18(13)
(13) Exchange teachers. The board may make an agreement with the managing body of the schools in any city or school district in the United States or another country for the exchange of one of the board's teachers for a teacher of such other city or school district for a period not exceeding one school year. The board shall determine the qualifications and compensation of the teacher rendering service under the agreement in the schools under its jurisdiction, who shall be counted as a regular teacher in the city in the computation of state and county school aids. The agreement shall state:
119.18(13)(a)
(a) The manner and by whom the salaries of such exchange teachers shall be paid.
119.18(13)(b)
(b) That any teacher regularly employed by the board under this chapter shall receive credit for the year of exchange teaching service in the computation of any benefits to which the teacher is entitled under
ch. 40 and the manner in which the monthly reservations shall be paid under that subchapter.
119.18(13)(c)
(c) Such other provisions as the board and the other managing body deem appropriate.
119.18(14)
(14) Sales and charges. The board may establish and maintain, in any of the schools or playgrounds under its jurisdiction, cafeterias and stores for the sale of schoolbooks, candies, refreshments and supplies. The board also may charge or permit the making of a charge for admission to any school, social center or athletic entertainment or activity, under such terms and conditions as the board prescribes.
119.18(15)
(15) Lease school property. In addition to any other authority, the board may lease school sites, buildings and equipment not needed for school purposes to any person for any lawful use at a reasonable rental for a term not exceeding 15 years.
119.18(16)
(16) Gifts and grants. The board may receive, accept and use gifts or grants of furniture, books, equipment, supplies, moneys, securities or other property used or useful for school and educational purposes. The board shall make such use of gifts or grants, or invest the same in the case of moneys, as the donor or grantor specifies. In the absence of any specific direction as to the use of such gifts or grants by a donor or grantor, the board may determine the use of or may invest the same in accordance with the law applicable to trust investments. In the use, control or investment of such gifts or grants, the board may exercise the rights and powers generally conferred upon trustees.
119.18(17)
(17) Purchases from house of correction. The board may purchase for use in the schools, from any county in which the city is located, furniture, furnishings and equipment manufactured in any house of correction under
s. 303.16 (1). The board may waive the furnishing by the county or institution of bid bonds and performance bonds otherwise required by the statutes in connection with any such purchase.
119.18(18)
(18) Copyright materials. The board may copyright under the applicable federal laws any book, pamphlet, bulletin or record form edited and published by or under the direction of the board.
119.18(19)
(19) Fences. The board may construct around any schoolhouse or playground site a fence of materials and design approved by the board.
119.18(20)
(20) Diplomas. The board may grant diplomas in testimony of the completion of high school or special education requirements, including the requirements of special schools established under
s. 119.28.
119.18(21)
(21) Rules on conduct and dress. The board may establish rules pertaining to conduct and dress of pupils in order to maintain good decorum and a favorable academic atmosphere.
119.18(22)
(22) Records custodian. On behalf of any school district authority as defined in
s. 19.32 (1), including the board, school district officers and any subunit of the board or school district, designate one or more persons to be legal custodians of records.
119.18(23)
(23) School closings. The board may close any school that it determines is low in performance by adopting a resolution to that effect. If the superintendent of schools recommends to the board that a school be closed, he or she shall state the reasons for the recommendation in writing. If the board closes a school, the superintendent of schools may reassign the school's staff members without regard to seniority in service. If the board reopens the school, the superintendent of schools may reassign staff members to the school without regard to seniority in service.
119.19
119.19
Released time for religious instruction. 119.19(1)
(1) The board may permit a pupil, with the written permission of the pupil's parent or guardian, to be absent from school for up to 180 minutes per week to obtain religious instruction outside the school during the required school period. The board shall determine periods allotted for the pupil to be absent from school for the purpose of religious instruction. Monthly, the supervisor of the religious instruction shall report the names of the pupils who attended such weekly religious instruction to the principal of the school that the pupil regularly attends. The board may withdraw permission to be absent from school if a pupil does not attend the religious instruction.
119.19(2)
(2) The board is not responsible for transporting a pupil to or from religious instruction under
sub. (1).
119.19(3)
(3) The board is released from all liability for a pupil who is absent from school under
sub. (1).
119.19 History
History: 1989 a. 267.
119.22
119.22
Sex discrimination in physical education or physical training prohibited. Except as provided in
s. 120.13 (37m), courses in physical education or physical training may not discriminate on the basis of sex in the provision of necessary facilities, equipment, instruction or financial support, or the opportunity to participate in any physical education or training activity as provided in
20 USC 1681 et seq.
119.23
119.23
Milwaukee parental choice program. 119.23(1)(ae)
(ae) "Administrator" means the superintendent, supervising principal, executive director, or other person who acts as the administrative head of a private school participating in the program under this section.
119.23(1)(am)
(am) "Preaccreditation" means the review and approval of an educational plan. Review of an education plan includes consideration of whether the school submitting the plan meets the requirements under
s. 118.165 (1). The fact that a private school has obtained preaccreditation does not require an accreditation organization to accredit the private school.
119.23(1)(c)
(c) "Summer choice average daily membership equivalent" means the summer average daily membership equivalent of pupils who were attending a private school under this section on the 2nd Friday of January of the school term immediately preceding that summer or whose applications have been accepted under
sub. (3) for attendance at the private school in the school term immediately following that summer.
119.23(1)(d)
(d) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.
119.23(2)(a)(a) Subject to
par. (b), any pupil in grades kindergarten to 12 who resides within the city may attend, at no charge, any private school located in the city if all of the following apply:
119.23(2)(a)1.
1. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.75 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section if the pupil is a member of a family that has a total family income that does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. For purposes of admission to a private school under this section, siblings of pupils attending a private school under this section are subject to the higher income limit. If a pupil attending a private school under this section ceases to attend a private school under this section, the lower income limit applies unless the pupil is a sibling of a pupil attending a private school under this section.
119.23(2)(a)3.
3. The private school notified the state superintendent of its intent to participate in the program under this section, and paid a nonrefundable fee set by the department, by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space. The department shall by rule set the fee charged under this subdivision at an amount such that the total fee revenue covers the costs of employing one full-time auditor to evaluate the financial information submitted by the private schools under
sub. (7) (am) and
(d) 2. and
3.
119.23(2)(a)5.
5. The private school meets all health and safety laws or codes that apply to public schools.
119.23(2)(a)6.a.a. Except as provided in
subd. 6. c., all of the private school's teachers have a bachelor's degree from an accredited institution of higher education.
119.23(2)(a)6.b.
b. All of the private school's administrators have at least a bachelor's degree from an accredited institution of higher education.
119.23(2)(a)6.c.
c. Any teacher employed by the private school on July 1, 2010, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2010, and who does not satisfy the requirements under
subd. 6. a. on July 1, 2010, applies to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under
subd. 6. a. The department shall promulgate rules to implement this
subd. 6. c., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under
subd. 6. a., including the name of the accredited institution of higher education at which the teacher is pursuing or will pursue the bachelor's degree and the anticipated date on which the teacher expects to complete the bachelor's degree. No waiver granted under this
subd. 6. c. is valid after July 31, 2015.
119.23(2)(a)7.a.a. Subject to
subd. 7. c., for a private school participating in the program under this section on July 1, 2009, the private school achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the Archdiocese of Milwaukee, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year that begins after June 30, 2006, in which it participates in the program under this section, or the private school was approved for scholarship funding for the 2005-06 school year by Partners Advancing Values in Education. If the private school is accredited as provided under this
subd. 7. a., the private school is not required to obtain preaccreditation from the Institute for the Transformation of Learning at Marquette University under
subd. 7. b. as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.
119.23(2)(a)7.b.
b. Subject to
subd. 7. c., for a private school that is a first-time participant in the program under this section on July 1, 2009, and that is not accredited as provided under
subd. 7. a., the private school obtains preaccreditation from the Institute for the Transformation of Learning at Marquette University by August 1 before the first school term of participation in the program under this section that begins after July 1, 2009, or by May 1 if the private school begins participating in the program during summer school, and achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the Archdiocese of Milwaukee, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year that begins after July 1, 2009, in which it participates in the program under this section. If the private school is accredited under this
subd. 7. b., the private school is not required to obtain preaccreditation from the Institute for the Transformation of Learning at Marquette University as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.
119.23(2)(a)7.c.
c. On or after July 1, 2009, a private school participating or seeking to participate in the program under this section may not apply for accreditation by the Institute for the Transformation of Learning at Marquette University, except that a private school that has applied for accreditation to the Institute for the Transformation of Learning at Marquette University before July 1, 2009, may complete the accreditation process with the Institute for the Transformation of Learning at Marquette University, and may seek renewal of accreditation from the Institute for the Transformation of Learning at Marquette University.
119.23(2)(a)8.
8. Notwithstanding
s. 118.165 (1) (c), the private school annually provides at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil instruction in grades 7 to 12. Hours provided under this subdivision include recess and time for pupils to transfer between classes but do not include the lunch periods.
119.23(2)(b)
(b) No more than 22,500 pupils, as counted under
s. 121.004 (7), may attend private schools under this section. Whenever the state superintendent determines that the limit is reached, he or she shall issue an order prohibiting the participating private schools from accepting additional pupils until he or she determines that the number of pupils attending private schools under this section has fallen below the limit. If the number of pupils attending private schools under this section falls below the limit under this paragraph, the state superintendent shall issue an order notifying participating private schools that they may begin accepting additional pupils, and, notwithstanding
sub. (3) (a), participating private schools that wish to accept additional pupils under this section shall accept pupils as follows:
119.23(2)(b)1.
1. The private school shall give first priority to pupils who are attending a private school under this section.
119.23(2)(b)2.
2. The private school shall give 2nd priority to the siblings of pupils who are attending a private school under this section.
119.23(2)(b)3.
3. The private school shall give 3rd priority to pupils selected at random under a procedure established by the department by rule.
119.23(2)(c)1.1. Notwithstanding
par. (a) 6., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor's degree.
