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
Those provisions of state law relating to campaign financing which conflict with the federal Election Campaign Act are invalid. The Secretary of State must retain and make available for public inspection, not later than the end of the day of receipt, the federal election campaign reports and statements required to be filed with him. The Elections Board cannot be designated as the agent of the Secretary of State for purposes of compliance by this State with the federal law. (Unpub.). 24-1977
Civil service
Discussion of restrictions on political activities of state employes under federal and state law. 67-315
Meaning of the phrase "declares an intention to run for office" in section 230.40(2), Stats., discussed. 81-135
Corporations
The statutory prohibition against political contribution and disbursements by corporations or cooperatives in support of or in opposition to any referendum to be submitted to the voters in sec. 11.38(1)(a)1., Stats., is unconstitutional. Other prohibitions in sec. 11.38(1)(a)1., Stats., are severable and constitutional. 65 Op. Att'y Gen. 145 (1976) and 65 Op. Att'y Gen. 237 (1976) are modified to the extent they are inconsistent with this opinion. Companion opinion to 67 Op. Att'y Gen. 211. 68-64
The statutory prohibition against political contributions and disbursements by corporations or cooperatives in support or opposition to any referendum to be submitted to the voters, set forth in sec. 11.38(1)(a)1., Stats., is unconstitutional. To the extent spending for that purpose is now allowable under sec. 11.38(1)(a)1., Stats., it is fully subject to the requirements and limitations otherwise set forth in ch. 11, Stats., including those requiring registration and filing. 67-211
County Executive
The County Board may create office of County Executive and make resolution contingent upon referendum of electorate. 62-14
County Highway Commissioner
Board may not utilize unidentified paper ballot in voting to appoint County Highway Commissioner, but may vote by ayes and nays or show of hands at open session if some member does not require vote to be taken in such manner that the vote of each member may be ascertained and recorded. Sec. 66.77(6), Stats. 63-569
County judge
Sections 489m, 490m and 561(8), ch. 90, Laws of 1973, may provide for and implement a legislative appointment to the office of county judge contrary to the provisions of art. VII, sec. 2 and art. VIII, sec. 10, Wis. Const. 63-24
County referendum
Chapter 220, Laws of 1977, effective April 7, 1978, expressly authorizes a county board to conduct a county referendum for advisory purposes or as a conditional element which would determine whether an enactment becomes effective. 68-130
Delegate selection rules
Statute and rules which restrict the partisan activities of some employes and officeholders do not offend the First Amendment even if they result in the employes or officeholders being prohibited from participating in the party caucuses which choose delegates to the National Convention. 73-51
Dyslexia
An elector with dyslexia may qualify for voter assistance under the provisions of sec. 6.82(2)(a), Stats. 62-195
Economic interests statement
