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.
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. The state superintendent shall post on the department's Internet site the name of the licensee who is under investigation. 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) The department shall maintain a record of all investigations conducted under
par. (b) that indicates the name of the licensee, the date the investigation began, the reason for the investigation, and the result of the investigation. Whenever an investigation results in the revocation of a license, the department shall post on its Internet site the name of the person whose license was revoked.
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,
99-1338.
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 children and families 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;
2007 a. 20.
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 safety and professional services to inspect a public school if any of the following occurs:
