38.04 Cross-reference
Cross-reference: See also ch.
TCS 2, Wis. adm. code.
38.04(16)
(16) Accommodation of religious beliefs. The board shall promulgate rules, applicable to all district boards, providing for the reasonable accommodation of a student's sincerely held religious beliefs with regard to all examinations and other academic requirements.
38.04 Cross-reference
Cross-reference: See also ch.
TCS 14, Wis. adm. code.
38.04(17)
(17) Information for tax bills. By October 1, the board shall provide to the department of revenue the information about aids distributed under
ss. 38.28 and
38.32 to each technical college district that will enable the department of revenue to furnish to taxation districts the information required under
s. 73.03 (31).
38.04(18)
(18) Statewide guide. Annually, the board shall produce, and distribute to students, parents, high school personnel and others, a guide containing information on all of the technical colleges and their programs.
38.04(19)
(19) Cooperative research on education programs. The board shall enter into a written agreement with the department of public instruction, the board of regents of the University of Wisconsin System, and the Wisconsin Association of Independent Colleges and Universities to cooperatively conduct research on preschool through postsecondary education programs under
s. 115.297, except as provided in
s. 115.297 (5) (b).
38.04(20)
(20) Basic skills instruction in jails and prisons. From the appropriation under
s. 20.292 (1) (ce), the board shall award grants to district boards for providing basic skills instruction in jails and prisons.
38.04(21)
(21) Pupils attending technical colleges; board report. Annually by the 3rd Monday in February the board shall submit a report to the department of administration, department of children and families, department of public instruction, and department of workforce development, and to the legislature under
s. 13.172 (2). The report shall specify all of the following by school district:
38.04(21)(b)
(b) The type and number of credits earned by the pupils.
38.04(21)(c)
(c) The number of persons who applied for admission to a technical college in the previous school year, who previously earned technical college credit under
s. 118.55 (7r) and who applied for admission within one year of graduating from high school.
38.04(21)(d)
(d) The courses given in high schools for which a pupil may receive technical college credit and the number of pupils enrolled in the courses for technical college credit in the previous school year.
38.04(21)(e)
(e) Any other information considered relevant by the board.
38.04(22)
(22) Technical college student organizations. The board shall assist district boards to operate technical college student organizations for students pursuing related instruction.
38.04(23)
(23) Workplace Literacy Resource Center. The board shall operate a workplace literacy resource center. The workplace literacy resource center shall do all of the following:
38.04(23)(a)
(a) Develop, purchase, review and evaluate materials on workplace literacy, including needs assessment instruments, and disseminate those materials to persons interested in supporting workplace literacy.
38.04(23)(b)
(b) Refer any person that is interested in supporting workplace literacy, such as an employer, an employee, a labor organization or a community organization, to literacy service providers located in the person's community and other workplace literacy resources.
38.04(24)
(24) Training of health professionals. The board shall promote public awareness of, access to and training of health professionals for rural and underserved urban areas.
38.04(26)
(26) Technical preparation programs. In consultation with the state superintendent of public instruction, the board shall approve courses for technical preparation programs under
s. 118.34. By July 1, 1994, and annually thereafter by July 1, the board shall publish a list of the approved courses that indicates the schools in which each course is taught and the credit equivalency available in each district for each course.
38.04(27)
(27) School safety. The board shall work with schools of education and other departments of the University of Wisconsin System under
s. 36.11 (36m), school districts, private schools, tribal schools, and the department of public instruction to present to school districts, private schools, and tribal schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.
38.04(28)
(28) Health care education programs. From the appropriation under
s. 20.292 (1) (ch), the board shall award grants to district boards to expand health care education programs.
38.04(29)
(29) Master logger apprenticeship grants. The board shall use the moneys appropriated under
s. 20.292 (1) (km) to award grants to businesses that provide technical college students with forest product internships for the purpose of placing eligible apprentices with loggers who are certified by the Great Lakes Timber Professionals Association as master loggers.
38.04(31)
(31) Truck driver training. From the appropriation under
s. 20.292 (1) (hm), subject to
2001 Wisconsin Act 16, section 9148 (1f), the board shall award grants to the district boards governing Chippewa Valley Technical College, Fox Valley Technical College, and Waukesha County Technical College for truck driver training.
38.04 History
History: 1971 c. 154,
211;
1973 c. 90,
333;
1975 c. 39;
1977 c. 29;
1979 c. 221;
1981 c. 20;
1981 c. 93 ss.
19m,
30m,
30o;
1981 c. 269,
314;
1983 a. 27,
379;
1985 a. 12,
29;
1985 a. 332 s.
251 (1);
1987 a. 27;
1989 a. 31,
107,
125,
169,
299,
335,
336;
1991 a. 39,
227,
250;
1993 a. 16,
223,
377,
399,
455,
491;
1995 a. 27 ss.
1800n to
1803,
9126 (19) and
9145 (1);
1995 a. 342;
1997 a. 27;
1999 a. 9,
124;
2001 a. 16,
109;
2003 a. 33,
62;
2005 a. 25,
466;
2007 a. 20 ss.
737,
9121 (6) (a);
2007 a. 68,
125,
130;
2009 a. 28,
59,
64,
181,
220,
302;
2011 a. 32,
173.
38.04 Annotation
Vocational, technical and adult education (technical college) districts are subject to city equal employment opportunity ordinances, but only within the geographic boundaries of the city. 70 Atty. Gen. 226.
38.04 Annotation
A VTAE (technical college) district is a "school district" under s. 19.21 (7) [now s. 19.21 (6)], governing destruction of obsolete school records.
71 Atty. Gen. 9.
38.04 Annotation
The state board may by rule require that the record concerning appointment of district board members show compliance with statutory procedural requirements, and the state board may disapprove appointments because of procedural irregularities except those involving the Open Meetings Law.
73 Atty. Gen. 108.
38.06
38.06
District boundaries. 38.06(1)(1) Each district shall include one or more counties, municipalities or school districts in any contiguous combination.
38.06(2)
(2) In this section, "reorganization" means any alteration, dissolution, creation or merger of any district.
38.06(3)(a)(a) Upon its own motion or upon approval of a petition filed under
sub. (4), the board may issue a district reorganization order. Prior to issuing an order under this subsection, the board shall conduct such studies, investigations and hearings as it deems necessary.
38.06(3)(b)
(b) Any reorganization order issued by the board shall take effect on the July 1 next succeeding the date of the order.
38.06(3)(c)
(c) Three months prior to the effective date of any reorganization order, the board shall report to the joint committee on finance the fiscal and educational impact of the reorganization order upon the affected districts.
38.06(4)(a)(a) The governing body of a county, municipality or school district may file a petition with the board requesting that its territory be detached from the district in which it lies and attached to a district to which such territory is contiguous, or if portions of its territory lie in more than one district, by requesting that all such portions be placed within one of such districts.
38.06(4)(b)
(b) Immediately upon receipt of the petition, the board shall notify each district board affected of the receipt of the petition and the boundary reorganization requested therein. Such district boards shall within 45 days notify the board of their recommendations on the petition.
38.06(4)(c)
(c) Within 90 days of the receipt of the petition, the board shall notify the governing body filing the petition and the district boards affected of its approval or disapproval of the proposed detachment and attachment of territory.
38.06(5)
(5) If school district boundaries are changed in accordance with
chs. 115 to
121, the board may act to change district boundaries to coincide with school district boundaries without holding a public hearing.
38.06 Cross-reference
Cross-reference: See also ch.
TCS 1, Wis. adm. code.
38.08
38.08
Composition and organization of district board. 38.08(1)(a)1.1. A district board shall administer the district and, except as provided in
subd. 1g., shall be composed of 9 members who are residents of the district, consisting of the following:
38.08(1)(a)1.e.
e. One elected official who holds a state or local office, as defined in
s. 5.02.
38.08(1)(a)1g.
1g. The district board governing the Milwaukee area technical college shall be composed of 9 members who are residents of the district, 7 of whom are residents of Milwaukee County, consisting of the following:
38.08(1)(a)1g.a.
a. Five persons representing employers. Three of the members shall represent employers with 15 or more employees, 2 of the members shall represent employers with 100 or more employees, and at least 2 of the members shall represent employers who are manufacturing businesses.
38.08(1)(a)1r.
1r. The board shall by rule define "employer" and "employee" for the purpose of
subd. 1. a. and
b. For purposes of
subd. 1g. a., "employer" means a business entity, as defined in
s. 13.62 (5), nonprofit organization that provides health care services, credit union, or cooperative association.
38.08(1)(a)2.
2. The employer and employee members of the district board shall be representative of the various businesses and industries in the district. The school district administrator shall be employed by the school board of a school district located in the district. Of the 3 additional members, no more than 2 may be employers, no more than 2 may be employees, no more than 3 may be school district administrators and no more than 3 may be elected officials. No 2 members of the district board may be officials of the same governmental unit nor may any district board member be a member of the school board that employs the school district administrator member.
38.08(1)(b)
(b) District board members shall take office on July 1 and shall serve staggered 3-year terms.
38.08(2)
(2) Members of a district board shall serve until their successors are appointed and qualified. A vacancy shall be filled for any unexpired term of more than 90 days in the manner provided for the making of original appointments in
s. 38.10, except that if a vacancy occurs within 120 days preceding a spring election, the vacancy need not be filled until 60 days after the spring election, in the manner provided in
s. 38.10.
38.08(2m)
(2m) Any member of a district board serving as an elected official under
sub. (1) (a) 1. e. or
1g. c. shall cease to be a member upon vacating his or her office as an elected official.
38.08(3)
(3) The district board shall hold its annual organizational meeting on the 2nd Monday in July at which it shall elect from among its members a chairperson, vice chairperson, secretary and treasurer. If a vacancy occurs in any of the district board officer positions after the annual organizational meeting, the district board may elect an officer to fill the vacancy at any subsequent district board meeting. No person may serve as chairperson for more than 2 successive annual terms.
38.08(4)
(4) District board members shall receive their actual and necessary expenses incurred in the performance of their duties.
38.08(5)
(5) Where a function is assigned to the clerk of a governmental unit and a district is one of such governmental units, the function shall be performed by the district board secretary.
38.08 Annotation
The office of commissioner on a policy board of a consortium of counties under the federal comprehensive employment and training act and the office of president of a district VTAE (technical college) board, which would be an applicant and competitor for funds allocated, are incompatible. 63 Atty. Gen. 453.
38.08 Annotation
The state board may by rule require that the record concerning appointment of district board members show compliance with statutory procedural requirements, and the state board may disapprove appointments because of procedural irregularities except those involving the Open Meetings Law.
73 Atty. Gen. 108.
38.08 Annotation
The criteria for appointment to district VTAE (technical college) boards, including changes in status of "employer," "employee," and "elected official" representatives and the incompatibility of board membership and the offices of sheriff and circuit judge, is discussed.
77 Atty. Gen. 256.
38.10
38.10
Appointment of district board members. 38.10(1)
(1) District board members shall be appointed by an appointment committee constituted as follows:
38.10(1)(a)
(a) If the petition for creation of a district was filed by the governing bodies of school districts or municipalities, the school board presidents of school districts having territory within the district shall constitute the appointment committee.
38.10(1)(b)
(b) If the petition for creation of a district was filed by the governing bodies of counties or any combination of school districts, counties and municipalities, the county board chairpersons of counties having territory within the district shall constitute the appointment committee.
38.10(1)(c)
(c) If the board created a district, the heads of the governing bodies designated by the board shall constitute the appointment committee. The designation shall be made in accordance with
par. (a) or
(b) depending upon which governmental units comprise the district.
38.10(1)(d)
(d) Notwithstanding
pars. (a) to
(c), the county executive of Milwaukee County and the chairpersons of the Milwaukee, Ozaukee, and Washington County boards of supervisors shall constitute the appointment committee for the district board governing the Milwaukee area technical college.
38.10(1m)
(1m) An appointment committee member may designate another officer of his or her governmental unit to represent the member at appointment committee meetings.
38.10(2)(a)1.1. On or before the first Monday in March, or within 30 days of the date on which a vacancy on the district board occurs, the district board secretary shall notify each member of the appointment committee, each governing body having a member on the appointment committee and the board of the vacancy or of terms of office which will expire during the year.
38.10(2)(a)2.
2. The chairperson of the appointment committee shall fix a date, to be no later than 60 days after receipt of notification of the vacancy or term expiration, or 60 days after a spring election if a vacancy occurs within 120 days preceding a spring election, and a time and place for a public hearing and meeting of the appointment committee to approve a representation plan required under
par. (c) 1. and to appoint district board members, and shall send written notice of the public hearing and meeting to each district board member, each governing body having a member on the appointment committee, each member of the appointment committee and the board.
38.10(2)(b)
(b) The appointment committee member from the appropriate governmental unit specified under
sub. (1) (a),
(b) or
(c) having the largest population in the district shall act as chairperson of the appointment committee. The county executive of Milwaukee County shall act as the chairperson of the appointment committee for the district board governing the Milwaukee area technical college.
38.10(2)(c)1.1. At the meeting and prior to the appointment of district board members, the appointment committee shall formulate a plan of representation for the membership of the district board. The plan shall give equal consideration to the general population distribution within the district and the distribution of women and minorities within the district. The plan of representation for the membership of the district board that governs a district encompassing a 1st class city shall also give equal consideration to the distribution of minorities within the 1st class city. The plan shall form the basis upon which membership of the district board is determined.
38.10(2)(c)2.
2. The board shall review district board appointments to determine whether they comply with the provisions of the plan of representation required under
subd. 1. and the requirements of
s. 38.08 (1) (a).
38.10(2)(d)1.1. Upon receiving notice of the vacancy or term expiration under
par. (a) 1. and at least 14 days before publication of the notice required under
subd. 3., the appointment committee shall publish a notice announcing the intent to appoint district board members, including the criteria for selection, and soliciting the submission of names and qualifications of candidates.
38.10(2)(d)2.
2. In order to be eligible for consideration for appointment to the district board, a candidate shall submit his or her name and qualifications to the appointment committee within 14 days of the date of publication of the notice under
subd. 1.
38.10(2)(d)3.
3. Notwithstanding
s. 19.84 (3), the appointment committee shall publish a notice of any meeting or public hearing at which the appointment committee will consider the filling of any vacancy on the district board or any other matter pertaining to the appointment of district board members at least 14 days before the meeting or public hearing. The subject matter of the meeting or public hearing as specified in the notice shall contain the names of individuals being considered for appointment. Prior to the meeting at which an appointment is made, the appointment committee shall hold a public hearing at which the names and qualifications of individuals being considered for appointment to the district board shall be discussed. No person may be appointed to a district board by an appointment committee unless his or her name appeared in at least one notice of a public hearing or meeting of the committee and he or she provided references to the committee, was interviewed by the committee and attended the public hearing at which his or her appointment to the district board was discussed.
38.10(2)(d)4.
4. All notices under this paragraph are class 1 notices under
ch. 985, except that they shall be 8-point type or larger.
38.10(2)(e)
(e) Within 5 days of the appointment of district board members, the chairperson of the appointment committee shall send written notice of the appointments and lengths of terms to the board, to the members appointed to the district board and to the district board secretary.
38.10(2)(f)
(f) Selection of district board members and approval of a representation plan required under
par. (c) 1. by the appointment committee shall be by majority vote of a quorum under
par. (g). If the appointment committee cannot reach agreement on the representation plan and district board membership within 30 days after their first meeting, the board shall formulate the plan of representation and appoint the district board members in accordance with the plan.
