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
Under section 120.11(4), Stats., a school district in which no newspaper is published may print legal notices of the proceedings of school board meetings in a shopper paper which does not meet the qualifications contained in section 985.03(1)(a). Other legal notices required to be published by law may not be printed in such a shopper paper. 75-269
Where school board permits citizens to appear at regular meeting and notes fact in agenda and notice, board may discuss and act on such matters, if urgent, even though express subject was not referred to in notice. There is no requirement that the board delay the matter until the next meeting, although nothing would prevent it from doing so either. 66-68
Parochial and private schools
Parents who unilaterally remove a child from an exceptional educational needs placement violate the compulsory education statute. 79-105
Because of lack of statutory authority, speech therapists may not supply services to students attending therapy sessions in parochial school buildings. 63-8
Chapter 307, Laws of 1973, sec. 118.255, Stats., authorizes local school districts to provide health and welfare services, but not educational services, to students attending private schools. However, that Act may be unconstitutional to the extent that any of the services authorized thereby are rendered in church-affiliated private schools. 64-75
Discussion of whether a private school pupil or a child in a home-based private educational program may participate in selected courses or activities of the public school district. A public school district may lease space in a sectarian school for holding classes for public school students. 75-251
Funds made available through the Elementary Secondary Education Act may be used in dual enrollment programs to transport children from parochial schools to public school and return. 65-126
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
1979 Assembly Bill 227, which if enacted into law would require school boards to purchase textbooks and loan them without charge to pupils of public and private schools within the district, does not violate the United States or Wisconsin Constitution. 68-287
Police interviews with students at school
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
Private interest in public contracts
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
Private schools
See Parochial and private schools
Psychologist
Senate Bill 370 would create a new category of licensure, that of school psychiatrist. Only those licensed could privately practice school psychology. The definition of school psychology could be by administrative rule promulgated by the Psychology Examining Board. (Unpub.). 98-1977
Public records
A written notice and request for transfer of pupil records under sec. 118.125(4), Stats., is both a pupil record and public record which must be maintained for at least five years after the pupil ceases to be enrolled. "Pupil records" as defined in sec. 118.125(1), Stats., are "public records" within sec. 19.32(2), Stats., but are subject to special statutes which limit access and direct maximum and minimum periods of maintenance before destruction for various classes of pupil records. Secs. 19.21(6) and 118.125(3), Stats. 72-169
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
Pupil information
Pupil information which local education agencies are required to release to the Department of Public Instruction under the reporting provisions of ch. 89, Laws of 1973, may be provided, with or without permission, without violation of the state or federal confidentiality statutes, sec. 118.125(e), Stats., and sec. 438, P. L. 93-380. 65-1
Real estate purchases
School district members of cooperative educational service agencies who unsuccessfully oppose purchase of real estate are obliged to pay their share of the costs of the acquisition of that real estate, and the CESA may sue those districts if they do not fulfill their financial obligation. The board of control may set the appropriate share for the school districts if the money used for acquisition is not state or local aids under section 116.08(1), Stats. 80-296
Referendum
