Physical therapists
Discussion of circumstances under which a physical therapist may practice without a referral pursuant to section 448.04(1)(e), Stats. 75-217
Restaurants
Discussion of coverage of licensing requirements for restaurants under sec. 50.50(3), Stats., in light of amendments to sec. 97.28, Stats., regarding the licensing of delicatessen operations. (Unpub.). 85-1977
Schools and school districts
A school district may contract with a vocational, technical and adult educational district pursuant to sec. 66.30, Stats., for a health occupations course to be taught in the public high school, subject to the teacher's licensing by the Department of Public Instruction. 68-148
PUBLIC INLAND LAKE PROTECTION AND REHABILITATION
Property owners
Individuals who lease but do not own real property may not participate in the formation and operation of a public inland lake protection and rehabilitation district under ch. 33, Stats. (Unpub.). 65-1982
PUBLIC INSTRUCTION, SUPERINTENDENT OF
See also EDUCATION
Church schools
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 enrolling 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
Dual enrollment"
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 enrolling 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
School Lunch Program
Department of Public Instruction may, if so authorized under sec. 16.54, Stats., implement the School Lunch Program and Special Food Service Plan for Children in secular and sectarian private schools and child-care institutions without violating the United States or Wisconsin Constitutions. 63-473
Segregation
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
State aid
Section 121.17(1)(a), Stats., vests discretion in the State Superintendent to withhold state aid from a school district operating under ch. 119, Stats., if the "scope and character of the work" in such district are not maintained because of failure to comply with the 180-day requirement of sec. 121.02(1)(h), Stats. Section 121.17(3), Stats., requires the withholding of state aid from such a school district only if, in the absence of extenuating circumstances set forth in that statutory provision, it fails to employ and pay qualified teachers during the full school session established by the board of school directors. 66-155
PUBLIC LANDS
See also LAND
County Board
A resurvey of the public lands under sec. 59.635(8), Stats., requires reestablishing all corner posts placed by government surveyors in the original survey of the public lands. If a county board approves a resurvey program under sec. 59.635(8), Stats., the resurvey must be completed in twenty years or less and at least 5 percent of the resurvey must be completed each calendar year. 66-134
County forest lands
County boards cannot sell or exchange county forest lands without first withdrawing them from the county forest program under sec. 28.11(11), Stats. The term "exchange" does not include a sale for valuable consideration. 66-108
County owned mineral rights
Counties may not transfer county owned mineral rights acquired through nonpayment of taxes, to private persons without following the appraisal and public sale provisions of sec. 75.69, Stats. Under sec. 59.07(1)(c), Stats., counties may make gifts of land or interests in lands only to enumerated public entities. 67-236
Eminent domain
Limited to a specific fact situation the Department of Natural Resources need not comply with the eminent domain procedure of ch. 32, Stats., when acquiring property if there is a bona fide intention not to condemn the property sought, but it must comply with Wisconsin Relocation Assistance Law if it has the statutory power to condemn the property acquired. 68-3
Legislation
Proposed statutory language to ch. 24, Stats., does not meet constitutional and other standards. Alternate proposal offered. (Unpub.). 14-1981
Mineral rights
Department of Natural Resources may grant contracts for mining beneath beds of navigable lakes and waters and licenses for prospecting on state park and forest lands, but it may not grant leases for mining purposes on state park and forest lands. (Unpub.). 58-1976
Nonpayment of taxes
An interested person may redeem land sold for the nonpayment of taxes up until the time a tax deed conveying the same is recorded. 63-592
State
State reservation of land and interests in lands under ch. 452, Laws of 1911 and sec. 24.11(3), Stats., discussed. 65-207
Survey
Requirements for relocation, establishing and perpetuation of the corners of the survey of the public lands discussed. Section 60.38, Stats., requires that resurveys of the public lands be recorded with the Register of Deeds in the county where the resurveyed land is located and kept as the county board directs by resolution as long as a separate index is maintained. 66-126
PUBLIC LANDS, COMMISSIONERS OF
State
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
State reservation of land and interests in lands under ch. 452, Laws of 1911 and sec. 24.11(3), Stats., discussed. 65-207
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
Trust funds
The Board of Commissioners of Public Lands may not disburse funds in an amount less than that stated on the application submitted by a municipality for a loan from the trust fund which the Board administers. (Unpub.). 8-1981
PUBLIC NOTICE
See NEWSPAPERS; OPEN MEETING
PUBLIC OFFICIALS
See also CIVIL SERVICE; COMPATIBILITY; SALARIES AND WAGES and individual titles such as DISTRICT ATTORNEY
Alderperson
Compatibility of the office of alderperson with positions of city employe, teacher in city school district and firefighter discussed in general terms. 67-177
Where, as a result of the alteration of the county board supervisory districts, a supervisor's residence is left outside the district he or she represents, the supervisor may continue to represent that district until the expiration of his term. When a city has combined the offices of alderman and county board supervisor where the aldermanic and supervisory boundaries are coterminous, the county board retains its discretion to decide whether to alter the supervisory districts after the city has annexed territory. 76-10
Appointees
Individual appointed to fill vacancy in office of sheriff is entitled to same salary as predecessor. County board may increase but cannot decrease such compensation during term of such officer (Unpub.). 1-1975
