The nonagricultural lands at the Northern Center for the Developmentally Disabled and other similar institutions are not subject to taxation for school purposes under sec. 70.114, Stats. (Unpub.). 110-1977
Church schools
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
Compatibility
The offices of Register of Deeds and school board member of a common school district are compatible. (Unpub.). 79-1976
Compulsory education statute
Parents who unilaterally remove a child from an exceptional educational needs placement violate the compulsory education statute. 79-105
Confidential reports
See Student records
Contracts
Multiple year contract renewal provisions under section 118.24(1) and (1m), Stats., do not apply to personnel and curriculum administrators and their assistants. (Unpub.). 37-1984
Counties
Counties are liable for proportionate share of tax certified to them prior to repeal of sec. 59.07(21), by sec. 300m of ch. 90, Laws of 1973. 63-300
Damage and interest provisions on tax payments
School districts may not invoke the damage and interest provisions of section 74.22, Stats., to penalize a township for failing to settle tax payments within the time required by law. 74-84
Destruction of obsolete school district records
Common school districts are presently without authority to destroy records which fall within sec. 19.21(1), Stats., and which are not pupil records under sec. 118.125(1), Stats. Where city school district is involved, city council could by ordinance provide for destruction of obsolete school district records under sec. 19.21(5)(a), Stats. Meaning of public records as related to school districts discussed. 63-272
Discrimination
Discrimination such as the use by public schools of American Indian logos, mascots or nicknames does come within the purview of section 118.13 of the Wisconsin statutes. 80-321
Driver education programs
Public school districts may not charge students for the cost of providing driver education programs if the programs are credited towards graduation. 71-209
A school district and a cooperative educational service agency may not, without legislative authority, contract with a private driving school and receive state aid for pupil driving instruction services performed by such driving school. 76-26
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 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
Elections
A school board which informs the electorate of the school district of the facts which are pertinent to an issue which will be the subject of a school district referendum need not register or file campaign financing reports under ch. 11, Stats. 68-167
Employes, sales and promotion of materials to students
Section 118.12(1)(a), Stats., applies only to materials and items that are part of or reasonably could become part of a school district's instructional process; enforcement authority usually lies with the school board president for the district; violations of section 118.12(1)(a) could possibly constitute violations of sections 946.12 and 946.13. 74-89
Grants and gifts
A school district has no power to transfer gift and grant moneys received by the district under section 118.27, Stats., to a nonprofit, nonstock, section 501(c)(3) corporation, which would manage the moneys and distribute the principal and interest for the benefit of area high school students in the form of scholarships; if moneys are accepted under section 118.27, the school district must act as trustee of the moneys, except under the circum stances outlined in section 66.30(2m). 74-45
Health occupations course
A school district may contract with a vocational, technical and adult education 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
Holidays
There is no statutory requirement that schools be closed on the Mondays succeeding the holidays listed in sec. 115.01(10)(a)1., Stats., when those holidays fall on Sunday. 67-129
Indian logos, mascots or nicknames
Discrimination such as the use by public schools of American Indian logos, mascots or nicknames does come within the purview of section 118.13 of the Wisconsin statutes. 80-321
Junior Achievement Bank
Would be a banking business within the meaning of sec. 224.02, Stats., and violates sec. 224.03, Stats. 62-254
Law enforcement officials interviewing students
School boards have authority to enforce policies which mandate the manner, conditions, and content of police interviews with students on school premises during school hours, although they should exercise considerable restraint in doing so. The preferable course is for school boards and local law enforcement to work together to jointly develop policies that will best serve the legitimate needs of each government arm, without unnecessarily intruding on those of the other. 81-126
Layoffs
Layoff and reinstatement provisions in sec. 118.23, Stats., are to be applied separately to classroom teachers and principals. 70-6
Lease financing. (Unpub.). 10-1983
Leases
Common school districts have the authority to lease property that they own if such property is not currently needed for school purposes and if the lease is authorized by the annual meeting of the common school district. The answer is not free from doubt and it is recommended that the Legislature specifically grant to school boards, if authorized by the annual meeting, the authority to lease school property not currently needed for school purposes. 67-332
Legal settlement"
The term "legal settlement" as used in sec. 121.77(1), Stats., is interpreted. 65-301
Lunchrooms
A city health department may inspect and license public school lunchrooms pursuant to a specific ordinance even though sec. 160.01(3), Stats., precludes public school lunchrooms from regulation as restaurants by the Department of Health and Social Services and its designated agents. The authority in the Department of Public Instruction, under sec. 115.33, Stats., to ensure a sanitary facility is not precluded by sec. 160.01(3), Stats. 65-54
Milwaukee, City of
Common Council of City of Milwaukee is without power under home rule provision of the Wisconsin Constitution or under its special charter and sec. 62.11(5), Stats., to adopt an anti-truancy ordinance. State has provided special procedures in secs. 118.15 and 118.16, Stats., and has designated the school district board as its agent to deal with matters of local concern in this area. 72-156
Milwaukee School Board
Authority of a state or governmental subdivision to provide a retirement plan in lieu of or supplemental to existing statutory plans discussed. The Milwaukee School Board is authorized by sec. 111.70, Stats., to contract for a retirement system supplementary to the existing statutory system. 67-153
Open meeting
In exceptional cases, section 19.85(1)(f), Stats., would permit a school board to reconvene into closed session to interview applicants for a vacant position on such board, but appointment should be made in open session. Section 19.85(1)(c) would not permit a closed session for purposes of interviewing applicants for a vacant school board position and to make appointment thereto. 74-70
Discussion of public notice requirements for meetings of city district school board under secs. 19.81-19.98 and 120.48, Stats. 66-93
Common school district board could utilize closed session to discuss qualifications of potential candidates for vacancy, if and only if, personal matters to be discussed might unduly damage reputations. (Unpub.). 9-1976
"Private conference" held under sec. 118.22(3), Stats., on nonrenewal of teacher's contract is a "meeting" within sec. 19.82(2), Stats., and school board could hold closed session under sec. 19.85(1)(c), Stats., although specific notice to teacher under sec. 19.85(1)(b), Stats., would have to be given where nonrenewal was based on charges and teacher would have right to require open meeting where evidentiary hearing was held or before final action or nonrenewal where charges were involved. 66-211
Specificity of notice required by governmental body where agenda item includes item "Citizens and Delegations," cross reference unpublished OAG 19-1977. 66-195
The presence of more than one-half of the members of a governmental body in one place presumptively creates a meeting within the meaning of the Open Meeting Law, but the presumption is rebuttable and it is necessary to look to the facts in each case, including whether the members are convening for the purpose of exercising responsibilities, authority, power or duties delegated in the body. 66-254
