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(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(50)
(50) Transition services. In cooperation with the department of workforce development and the department of health services, establish a clearinghouse for information about the special education transition services and vocational opportunities available in each county. Each of the 3 departments shall post information about the clearinghouse on its Internet site.
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(52)
(52) Adult literacy grants. From the appropriation under
s. 20.255 (3) (b), award grants to nonprofit organizations, as defined in
s. 108.02 (19), to support programs that train community-based adult literacy staff and to establish new volunteer-based programs in areas of this state that have a demonstrated need for adult literacy services. No organization may receive more than one grant in any fiscal year.
115.28(53)
(53) Online courses. Make online courses available for a reasonable fee, through a statewide web academy, to school districts, cooperative educational service agencies, and charter schools, private schools, and tribal schools located in this state.
115.28(55)
(55) Social studies standards. Incorporate the history of organized labor and the collective bargaining process into the model academic standards for social studies.
115.28(58)
(58) Assessment for interstate compact on educational opportunity for military children. Annually determine the amount of the assessment under
s. 115.997 (14) (b). The amount shall be the lesser of $1,000 or the amount calculated by multiplying $1 by the number of children of military families, as defined in
s. 115.997 (2) (b), who are enrolled in public schools in this state.
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;
2005 a. 25 ss.
1108,
1855,
1856m,
1856w;
2005 a. 218,
220,
466;
2007 a. 20 ss.
2683 to
2684m,
9121 (6) (a);
2007 a. 68,
222;
2009 a. 28,
64,
99,
220,
302,
329;
2011 a. 32,
157,
166,
173,
209.
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.
115.29(6)
(6) English language proficiency assessment system. Assist in the establishment of, and participate in, a consortium of state education agencies organized to obtain public and private funds to be used to purchase an English language proficiency assessment system.
115.29(7)
(7) Teen pregnancy prevention. Apply for all federal funds allocated for providing instruction in any of the subjects identified in
s. 118.019.
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.
115.297
115.297
Cooperative research on education programs; statewide student data system. 115.297(1)(a)
(a) "Agencies" means the department, the board of regents of the University of Wisconsin System, the technical college system board, and the Wisconsin Association of Independent Colleges and Universities.
115.297(1)(c)
(c) "Postsecondary education" means education at an institution of higher education occurring after the completion of high school, including undergraduate, graduate and professional education.
115.297(2)
(2) Evaluations and studies of education programs. Any of the agencies on their own or jointly with one or more of the other agencies may evaluate and study education programs operated or supervised by one or more of the other agencies, pursuant to the written agreement entered into under
sub. (3), for the purpose of improving student academic achievement beginning with preschool programs and continuing through postsecondary education.
115.297(3)
(3) Written agreement. By February 1, 2010, the agencies shall enter into a written agreement that does all of the following:
115.297(3)(a)
(a) Requires that the agencies establish and maintain a longitudinal data system of student data that links such data from preschool programs to postsecondary education programs, and describes the process by which the data system will be established and maintained. The data system may consist of separate record systems integrated through agreement and data transfer mechanisms.
115.297(3)(b)
(b) Describes the process by which any of the agencies on their own or jointly with one or more of the other agencies may evaluate and study education programs operated or supervised by one or more of the other agencies for the purpose of improving student academic achievement beginning with preschool programs and continuing through postsecondary education.
115.297(3)(c)
(c) Prohibits any of the agencies from evaluating or studying another agency's education programs without the approval of the latter agency and a written agreement specifying the level of supervision and involvement that each of the agencies will have in the work performed.
115.297(3)(d)
(d) Requires the agencies to exchange student data to the extent necessary to perform the evaluation or study approved under
par. (c).
115.297(3)(e)
(e) Establishes a system for the agencies to enter into data-sharing agreements with each other and with public and private research organizations under
sub. (4).
115.297(3)(f)
(f) Establishes a process by which one or more of the agencies may collaborate with other persons, including state agencies, to import workforce or other data into the longitudinal data system under
par. (a) to assist with an evaluation or study approved under
par. (c).
115.297(3)(g)
(g) Commits the agencies to protect student privacy and comply with laws pertaining to the privacy of student data.
115.297(4)(a)(a) Except as provided in
par. (b), any of the agencies may submit student data to the longitudinal data system under
sub. (3) (a), to another agency, or to a public or private research organization, to support an evaluation or study under this section.
115.297(4)(b)
(b) Any of the agencies may disclose personally identifiable student data to the longitudinal data system under
sub. (3) (a), to another agency, or to a public or private research organization, to support an evaluation or study under this section if the disclosure is in connection with a data-sharing agreement that does all of the following:
115.297(4)(b)1.
1. Specifies the purpose, scope, and duration of the data-sharing agreement.
115.297(4)(b)2.
2. Requires the recipient to use personally identifiable student data only for the purpose specified in
subd. 1.
115.297(4)(b)3.
3. Describes the specific data access, use, and security restrictions with which the recipient will comply.
115.297(4)(b)4.
4. Requires that the personally identifiable student data be destroyed or returned when no longer needed for the purpose specified in
subd. 1. or upon expiration of the data-sharing agreement, whichever occurs first.
115.297(4)(b)5.
5. If the disclosure is to a public or private research organization, prohibits the personal identification of any person by individuals other than authorized representatives of the recipient who have legitimate interests in the information.
115.297(5)(a)(a) Nothing in this section, and nothing in the written agreement under
sub. (3) or in a data-sharing agreement entered into under
sub. (4), may be construed to infringe upon or diminish the legal authority of any of the agencies.
115.297(5)(b)
(b) Failure of any of the agencies to enter into a written agreement under
sub. (3) does not affect the powers and duties conferred upon the other agencies under this section or under
s. 36.11 (31) or
38.04 (19).
115.297(5)(c)
(c) Notwithstanding
sub. (3), the Wisconsin Association of Independent Colleges and Universities is not required to enter into the written agreement under that subsection. Notwithstanding
sub. (2), if the Wisconsin Association of Independent Colleges and Universities does not enter into the written agreement, none of the other agencies may evaluate or study the association's education programs without the approval of the association.
115.297 History
History: 2009 a. 59.
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, juvenile correctional facility, as defined in
s. 938.02 (10p), secured residential care center for children and youth, 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. "Immoral conduct" includes the intentional use of an educational agency's equipment to download, view, solicit, seek, display, or distribute pornographic material.
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, and include a complete copy of the licensee's personnel file and all records related to any investigation of the licensee conducted by or on behalf of the educational agency, 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.
