Chapter 38

38.31(2)(h) (h) Targeted services based on student need such as financial literacy, career assessment and planning services, career workshops, computer skills and study skills workshops, veterans peer support groups, or tutoring or supplemental instruction.

38.31(2)(i) (i) Accommodation and transition services, including assistive technology such as adaptive equipment, instructional aids and devices, and related services for injured veterans.

38.31(2)(j) (j) Providing access or referrals to emergency dependent care and transportation assistance.

38.31(2)(k) (k) Any other program or service for veterans.

38.31(3) (3) Not later than September 1, 2017, the board shall submit a report to the joint committee on finance that includes all of the following information:

38.31(3)(a) (a) The technical colleges that received grant funding under this section and the amount of funding received by each.

38.31(3)(b) (b) The programs or services funded through the grant program under this section.

38.31(3)(c) (c) The total number of veterans supported through the grant program under this section.

38.31(3)(d) (d) The amount of unencumbered funds, if any, that lapsed to the veterans trust fund from the appropriation account under s. 20.292 (1) (r) at the end of the 2015-17 fiscal biennium.

38.31 History History: 2015 a. 55.

38.32 38.32 Technical college instructor occupational competency program.

38.32(1) (1) The board shall establish a technical college instructor occupational competency program. The program shall be designed to provide technical college instructors in district schools with temporary work experiences in business and industry in order to improve their knowledge and skills in the subjects they teach.

38.32(2) (2) The board shall review proposals submitted by district boards that are consistent with sub. (1). From the appropriation under s. 20.292 (1) (f), the board may award grants to district boards to partially pay the salaries of teachers participating in approved proposals. Any funds received by a district board under this subsection shall be equally matched by the district board.

38.32(3) (3) To the extent possible, grants awarded under sub. (2) shall be equally distributed on a statewide basis.

38.32 History History: 1983 a. 370; 1989 a. 56; 1991 a. 39; 1993 a. 399; 2013 a. 20; 2015 a. 329.

38.33 38.33 Professional development grants.

38.33(1) (1) From the appropriation under s. 20.292 (1) (f), the board may award grants to district boards to establish professional development programs. The programs shall promote all of the following:

38.33(1)(a) (a) Instructor awareness of and expertise in a wide variety of newly emerging technologies.

38.33(1)(b) (b) The integration of learning technologies in curriculum and instruction.

38.33(1)(c) (c) The use of instructional methods that involve emerging technologies.

38.33(1m) (1m) The board may not award a grant to a district board under this section unless there is a matching fund contribution from the district board equal to at least 50 percent of the grant amount.

38.33 History History: 1997 a. 27; 2013 a. 20; 2015 a. 329.

38.34 38.34 Funding to expand the oral health care workforce.

38.34(1) (1) In this section, “eligible expenditures” means any of the following:

38.34(1)(a) (a) Capital expenditures, such as expenditures for equipment or facility improvements or expansion.

38.34(1)(b) (b) Expenditures for instructional supplies, teaching materials and resources, consumables, or clinic fees.

38.34(1)(c) (c) Instructor bonuses if the requirements in sub. (3) are satisfied.

38.34(2) (2) 

38.34(2)(a) (a) In the 2023-25 fiscal biennium, the board, in coordination with district boards, may submit to the joint committee on finance a request for funding in the 2023-25 fiscal biennium, in a total amount not exceeding $20,000,000, for district board programs to expand the state’s oral health care workforce. Subject to par. (b) and sub. (5), the request for funding shall include a plan that identifies each district board that requests funding, the amount of funding the district board requests, and a detailed description of the eligible expenditures for which the requested funding would be used.

38.34(2)(b) (b) The plan under par. (a) shall include requests for all of the following:

38.34(2)(b)1. 1. For the district board of Northcentral Technical College, up to $2,000,000 to expand current dental hygienist and dental assistant programs and for development of a dental therapy program if dental therapy becomes an authorized dental practice.

38.34(2)(b)2. 2. For any district board that offers a dental hygienist program on February 2, 2024, other than the district board of Northcentral Technical College, up to $1,430,000.

38.34(2)(b)3. 3. For any district board that offers no dental program or only a dental assistant program on February 2, 2024, up to $1,000,000 to create a new program or expand the existing program.

38.34(2)(c) (c) The requirement under par. (b) does not preclude a request for funding in the plan of any additional amount for a district board for a purpose permissible under sub. (5).

38.34(3) (3) 

38.34(3)(a) (a) Funding provided by the board to a district board under this section may be used to pay newly hired instructors a hiring bonus not exceeding $5,000 per instructor if all of the following apply:

38.34(3)(a)1. 1. The instructor is hired into a position that is at least a 0.5 full-time equivalent position.

38.34(3)(a)2. 2. The instructor’s work responsibilities require the instructor to devote an amount of time at least equal to a 0.5 full-time equivalent position teaching courses in an oral health care program.

38.34(3)(a)3. 3. The district board provides matching funding for the bonus in an amount equal to or greater than the amount of the funds provided under this subsection.

38.34(3)(a)4. 4. The instructor agrees in writing to continue employment with the district board for at least 3 years in a position that satisfies the requirements in subds. 1. and 2.

38.34(3)(a)5. 5. The district board commits to pay the retention bonus under sub. (4), from funds other than the grant awarded under this section, if the conditions in sub. (4) are satisfied.

38.34(3)(a)6. 6. The instructor was not employed by the district board, or by any other district board, at any time in the 75-day period immediately preceding February 2, 2024.

38.34(3)(b) (b)

38.34(3)(b)1. 1. The agreement under par. (a) 4. shall specify that, except as provided in subds. 2. to 4., if the instructor discontinues employment with the district board less than 3 years after the instructor’s first day of employment, the instructor is required to repay the hiring bonus as follows:

38.34(3)(b)1.a. a. All of the bonus if the term of employment was less than one year.

38.34(3)(b)1.b. b. Two-thirds of the bonus if the term of employment was at least one year but less than 2 years.

38.34(3)(b)1.c. c. One-third of the bonus if the term of employment was at least 2 years but less than 3 years.

38.34(3)(b)2. 2. If the instructor discontinues employment with the district board to begin employment with a different district board, in a position that is at least a 0.5 full-time equivalent position, as an instructor in an oral health care program, the repayment requirement under subd. 1. does not apply and the 3-year period under par. (a) 4. continues in effect from the instructor’s first day of employment with the district board that paid the hiring bonus.

38.34(3)(b)3. 3. If a district board pays an instructor a hiring bonus under par. (a) and the instructor is terminated for cause less than 3 years after the instructor’s first day of employment, the instructor is required to repay all of the bonus.

38.34(3)(b)4. 4. If a district board pays an instructor a hiring bonus under par. (a) and the instructor is terminated for a reason other than cause, including as a result of budgetary constraints or program changes, the instructor is not required to repay the bonus.

38.34(3)(c) (c) An instructor who is simultaneously employed by 2 district boards may not receive more than one bonus under this subsection.

38.34(4) (4) The district board shall pay to an instructor who receives a hiring bonus under sub. (3) a retention bonus in the amount of $5,000 if, 5 years after the date the bonus under sub. (3) was paid, the instructor remains employed by the district board in a position that meets the requirements under sub. (3) (a) 1. and 2.

38.34(5) (5) The plan under sub. (2) shall include sufficient information for the joint committee on finance to determine that, for each district board program for which funding is requested, all of the following requirements are satisfied:

38.34(5)(a) (a) Funding will be used only for eligible expenditures to expand a district board’s existing oral health care program that has a capacity limit and a current waiting list for program admission or to create a new oral health care program offered by the district board after the district board’s finding of demonstrated community interest in and need for the program.

38.34(5)(b) (b) Except as provided in sub. (3) (a) 3., the district board will provide matching funding, from sources other than this section, of at least 20 percent of the amount requested in the plan to pay costs associated with the district board’s new or expanded oral health care program.

38.34(6) (6) If the joint committee on finance determines that the requirements in subs. (2) and (5) are satisfied, the joint committee on finance may approve the plan and request for funding, as proposed or as modified.

38.34(7) (7) Upon approval under sub. (6), the joint committee on finance may provide funding from the appropriation under s. 20.865 (4) (a), in an amount determined by the joint committee on finance but not exceeding a total of $20,000,000, to the board for distribution to the applicable district boards as provided in the approved plan.

38.34(8) (8) 

38.34(8)(a) (a) From the funding received under sub. (7), the board shall reimburse each district board for its eligible expenditures under the approved plan if the board finds the district board complied with the requirements under this section.

38.34(8)(b) (b) If a district board has not requested reimbursement from the board within 12 months after the joint committee on finance approves the plan or if the district board informs the board that it will not implement the program changes described in the approved plan, the board may submit a request to the joint committee on finance to redistribute the funds allocated for that district board to another district board to be used for a purpose consistent with this section. The request shall identify each district board to which funding is to be reallocated and the amount to be reallocated to each, along with a detailed description of the eligible expenditures for which the reallocated funding would be used. The request shall also include the same information that was required under sub. (5) for the original plan.

38.34(8)(c) (c) If, within 14 working days after receiving the request under par. (b), the cochairpersons of the joint committee on finance do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the request, the request is considered approved and the board may implement the reallocation of funding proposed in the request. If, within 14 working days after the date of the request, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the request, the request is approved only upon the committee’s express approval, as requested or as modified.

38.34(8)(d) (d) From reallocated funding approved under par. (c), the board shall reimburse a district board for its approved eligible expenditures if the board finds the district board complied with the requirements under this section.

38.34(9) (9) Not later than January 1, 2026, a district board that receives funding under this section shall report to the board the amount of funding the district board received, a detailed description of all expenditures for which the funding was used, and the impact of the funding on the district board’s oral health care programs. Not later than March 1, 2026, the board shall submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report summarizing this information received from the district boards.

38.34 History History: 2023 a. 89.

38.36 38.36 Nutritional improvement for elderly.

38.36(1) (1) In this section, “authorized elderly person” means any resident of this state who is 60 years of age or older, and the spouse of any such person.

38.36(2) (2) Any district approved by the board may establish a system to provide the opportunity for authorized elderly persons to participate in its meal program. If a district board desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the board. Annually, the board shall notify the department of public instruction of the approved districts.

38.36(3) (3) Each plan shall provide at least one meal per day for each day that school is in regular session. The district board may provide additional service at other times in its discretion, if the number of eligible persons in the district or adjacent districts is of sufficient size, in the opinion of the board, so that unwarranted production expense is not incurred.

38.36(4) (4) Any district board that operates a food services plan for elderly persons under this section shall make facilities available for service to elderly persons at every technical college in the district that provides hot food service to its students. Upon application, the board may grant exceptions from compliance with this subsection for reasons of safety, convenience or insufficient interest in a given neighborhood.

38.36(5) (5) Meals may be served at schools where they are served to students or at any site more convenient to the majority of authorized elderly persons interested in the service. Food may be transported to authorized elderly persons who are unable to leave their homes or distributed to nonprofit organizations for such purposes. However, no state funds under this section may be used for food delivery to individual homes. The board may require consolidation of programs between districts and between schools if such a procedure will be convenient and economical.

38.36(6) (6) The district board may file a claim with the department of public instruction for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15 percent of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department of public instruction approves the claim, it shall certify that payment is due and the secretary of administration shall pay the claim from the appropriation under s. 20.255 (2) (cn).

38.36(7) (7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the state superintendent of public instruction under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no district board may be required to provide special foods for individual persons with allergies or medical disorders.

38.36(8) (8) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the board. The board may issue identification cards to such persons if necessary. A district board may admit nonresidents who would otherwise qualify into its program, but no state funds under this section may be used to subsidize any portion of the meals served to such persons.

38.36(9) (9) The board shall adopt reasonable rules necessary to implement this section.

38.36 History History: 1989 a. 269, 359; 1993 a. 399; 1995 a. 27 ss. 1814, 9145 (1); 1997 a. 27; 2003 a. 33.

38.38 38.38 Services for students with disabilities. Annually the board may award a grant to each district board, from the appropriation under s. 20.292 (1) (f), to assist in funding transitional services for students with disabilities. Each district board shall contribute matching funds equal to 25 percent of the amount awarded.

38.38 History History: 1991 a. 39; 1997 a. 27; 2013 a. 20; 2019 a. 9.

38.40 38.40 Technical preparation, school-to-work, and work-based learning programs.

38.40(1) (1) Employment and education program administration. The board shall plan, coordinate, administer, and implement the technical preparation, school-to-work, and work-based learning programs under sub. (1m) and such other employment and education programs as the governor may by executive order assign to the board. Notwithstanding any limitations placed on the use of state employment and education funds under this section or under an executive order assigning an employment and education program to the board, the board may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

38.40(1m) (1m) Technical preparation, school-to-work and work-based learning programs. The board shall provide all of the following programs:

38.40(1m)(a) (a) A technical preparation program that includes the technical preparation programs under s. 118.34.

38.40(1m)(b) (b) A school-to-work program that includes the school-to-work program for children at risk under sub. (4m).

38.40(1m)(c) (c) A work-based learning program under which the board awards grants to tribal colleges that are recognized as land grant colleges under 7 USC 301 to fund programs that provide occupational training and work-based learning experiences to youths and adults.

38.40(2) (2) Interagency assistance. The council on workforce investment established under 29 USC 2821 and the department of public instruction shall assist the board in providing the technical preparation, school-to-work, and work-based learning programs under sub. (1m).

38.40(2m) (2m) Skill standards. The board shall approve statewide skill standards for the school-to-work program under sub. (1m) (b).

38.40(4m) (4m) School-to-work for children-at-risk.

38.40(4m)(a) (a) The board may approve an innovative school-to-work program provided by a nonprofit organization for children at risk, as defined in s. 118.153 (1) (a), in a county having a population of 750,000 or more to assist those children at risk in acquiring employability skills and occupational-specific competencies before leaving high school. If the board approves a program under this paragraph, the board may award a grant, from the appropriation under s. 20.292 (1) (f), to the nonprofit organization providing the program and the nonprofit organization shall use the funds received under the grant to provide the program.

38.40(4m)(b) (b) The board shall establish requirements for the operation of the grant program under this subsection. Notwithstanding sub. (5), those requirements are not required to be promulgated as rules.

38.40(4r) (4r) Publications and seminars. The board may provide publications and seminars relating to the employment and education programs administered by the board and may establish a schedule of fees for those publications and seminars. Fees established under this subsection for publications and seminars provided by the board may not exceed the actual cost incurred in providing those publications and seminars. The fees collected under this subsection shall be credited to the appropriation account under s. 20.292 (1) (ga).