Article I, sec. 18, Wis. Const., prohibits the use of funds received under Title I of the Elementary and Secondary Education Act, as amended, to pay salaries of persons teaching in church affiliated private schools. 64-136
In the administration of Title IV, Elementary and Secondary Education Act, as amended, funds may not be spent to provide educational services on the premises of church affiliated private schools but such funds may be spent to provide services, through "dual enrollment" or "shared time" programs; nor may school districts be required to equalize, on a per enrollee basis, expenditures as between private and public school students; nor may the Department of Public Instruction administer Title IV programs if local school districts refuse or are legally unable to do so. 64-139
CESA
1971 Assembly Bill 1577 would violate the Establishment Clause of the First Amendment to the United States Constitution and sec. 18 of art. I of the Wisconsin Constitution. Guidelines to possibly avoid constitutional objection to CESA service contracts with private schools discussed. 62-75
Cosmetology Examining Board
Cosmetology Examining Board may admit to examination a student who has successfully completed prescribed courses of study at a registered school where the student's diploma is withheld by the school for the student's failure to meet his or her financial obligation to the school. 65-113
Dual enrollment
Funds made available through the Elementary Secondary Education Act may be used in dual enrollment programs to transport children from parochial schools to public schools and return. 65-126
In the administration of Title IV, Elementary and Secondary Education Act, as amended, funds may not be spent to provide educational services on the premises of church affiliated private schools but such funds may be spent to provide services, through "dual enrollment" or "shared time" programs; nor may school districts be required to equalize, on a per enrollee basis, expenditures as between private and public school students; nor may the Department of Public Instruction administer Title IV programs if local school districts refuse or are legally unable to do so. 64-139
Exceptional education needs
The Department of Health and Social Services must treat a parent's failure to respond as a denial of permission for evaluation and placement for exceptional educational needs. The Department of Health and Social Services has no authority to appoint a surrogate parent when a child's parent cannot be located, and must utilize alternative procedures under state law. 71-28
Parochial schools
See also Church schools
Because of lack of statutory authority, speech therapists may not supply services to students attending therapy sessions in parochial school buildings. 63-8
The Establishment Clause of the First Amendment to the U.S. Constitution and Wis. Const. art. I, sec. 18, prohibit public schools leasing classrooms from parochial schools in order to provide educational programs for parochial school students. 67-283
Public assistance
The term "legal settlement" as used in sec. 121.77(1), Stats., is interpreted. 65-301
Religion
Wisconsin Constitution art. I, sec. 18, prohibiting the drawing of money from the treasury for the benefit of religious societies, or religious or theological seminaries is a proscription against using public monies for such purpose. Section 3 of 1977 Assembly Bill 500 which purports to establish a separate fund outside of the State Treasury if enacted would not avoid this prohibition since the public nature of the money is not changed. 67-71
Residence
The term "legal settlement" as used in sec. 121.77(1), Stats., is interpreted. 65-301
School bus
A motor vehicle used by a vocational school to transport students in extracurricular activities is not a school bus as defined in sec. 340.01(56), Stats. After June 30, 1977, the transportation of minors who are fulfilling their compulsory school requirements, to or from vocational school, must be done in school buses. (Unpub.). 54-1976
A school owned or operated automobile, used in casual and occasional transportation of school children to extracurricular activities is not a school bus as defined in sec. 340.01(56), Stats., and sec. 121.54(7), Stats., does not prohibit such use. 64-45
Segregation
State Superintendent does not have authority to determine whether public schools are segregated or the authority to take enforceable action to desegregate public schools. 65-282
Speech therapists
Because of lack of statutory authority, speech therapists may not supply services to students attending therapy sessions in parochial school buildings. 63-8
Student loans
Legislature may direct Public Land Commissioners to invest monies from sale of public lands in student loans but may not direct a specific investment. That portion of 17 OAG 516 (1929) inconsistent with this opinion is repudiated. 65-28
Transportation
Funds made available through the Elementary Secondary Education Act may be used in dual enrollment programs to transport children from parochial schools to public schools and return. 65-126
A motor vehicle used by a vocational school to transport students in extra curricular activities is not a school bus as defined in sec. 340.01(56), Stats. After June 30, 1977, the transportation of minors who are fulfilling their compulsory school requirements, to or from vocational school, must be done in school buses. (Unpub.). 54-1976
A school owned or operated automobile, used in casual and occasional transportation of school children to extracurricular activities is not a school bus as defined in sec. 340.01(56), Stats., and sec. 121.54(7), Stats., does not prohibit such use. 64-45
Students living less than two miles from school may not be transported by the School Board at parental expense. 62-95
Vocational and adult education
Neither art. X, sec. 3, Wis. Const., nor any other constitutional provision prohibits the charging of tuition for any course of instruction offered at a school in the system of vocational, technical and adult education operated pursuant to ch. 38, Stats. The charging of tuition at such schools, and the manner and extent whereby such charges are to be made, is a matter of policy which the Legislature is free to determine in the exercise of its legislative power under art. IV, sec. 1, Wis. Const. 64-24
Students who attend state vocational, technical and adult education institutions are eligible for tuition grants under sec. 39.30, Stats. 65-182
Wisconsin Higher Education Corporation
The Wisconsin Higher Education Corporation may provide administrative services to lenders, charge a reasonable fee and may transfer any excess funds it receives from such fees to the appropriations of the Higher Educational Aids Board, or the State. (Unpub.). 3-1977
EDUCATION, BOARD OF
Collective bargaining
Section 19.85(3), Stats., requires that a governmental body conduct its discussions and deliberations regarding final ratification of a collective bargaining agreement in open session. 81-139
Public notice requirements
Discussion of public notice requirements for meetings of city district school board under secs. 19.81-19.98 and 120.48, Stats. 66-93
Open meeting
Section 19.85(3), Stats., requires that a governmental body conduct its discussions and deliberations regarding final ratification of a collective bargaining agreement in open session. 81-139
EDUCATIONAL COMMUNICATIONS BOARD, WISCONSIN
Friends
Under sec. 20.906(1), Stats., it would not be unlawful for Friends to hold funds for the ECB that were solicited through use of ECB facilities and resources. The ECB has statutory authority to contract with Friends to assist in raising funds for educational radio and television in this State. 70-163
ELECTED OFFICIALS
See PUBLIC OFFICIALS
ELECTIONS
See also VOTES AND VOTING
Ballots
Failure to publish notices of an election on the last Tuesday in May, the first Tuesday in June, and the second Monday preceding an election on the question of removal of a county seat and failure by the County Clerk to distribute the ballots will not invalidate the election where it appears that the voters were well informed of the time, place, and manner of the election and the issue involved, and a majority of the qualified voters who went to the polls, excluding those who had an opportunity to vote on the question of removal but chose not to, voted in favor of removal. 66-219
Campaign expenses
The provisions of sec. 11.50, Stats., created by ch. 107, Laws of 1977, which impose limits on the primary election campaign expenditures of candidates seeking public financing of their Spring and general election campaigns are constitutional. 67-321
Campaign contribution limits contained in sec. 11.26(1)(d), (2), and (9), Stats., are probably valid and enforceable, despite the fact that they are expressed as a percentage of disbursement limits in sec. 11.31, Stats., previously declared invalid. Statement in opinion of August 16, 1976, to the effect that sec. 11.26(9), Stats., should be treated as a nullity is withdrawn. Section 11.26(9), Stats., is probably constitutional. 65-237
Constitutionality of Wisconsin's Finance Law, ch. 11, Stats., discussed in light of Buckley v. Valeo, 96 S. Ct. 612 (1976). Contribution limitations and disclosure provisions are generally unaffected. Ban on corporate contributions imposed by sec. 11.38, Stats., is probably constitutional. All direct and indirect disbursement limitations on individuals, groups, and candidates contained in secs. 11.31, 11.26(9), and 11.315, Stats., are invalid, as is the limit in sec. 11.26(10), Stats., on a candidate's personal contribution to his campaign because of conflict with First Amendment rights of speech and association. Sections 11.01(16), (10), (9), and 11.23, Stats., defining the scope of regulated activity, should be narrowly construed. Restrictions on referenda-related activity in secs. 11.01(9) and 11.23, Stats., apply only to transactions directly related to a particular result in a referendum. Boa
Campaign reports
