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
State aid
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
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
School districts may obtain adjustments in state aid payments whether their equalized valuation is changed either as a result of a reassessment of or a finding of exemption of manufacturing property. A final order or decision of the Tax Appeals Commission or a final order or judgment of a court can be a final redetermination under the Act. A decision of the Board of Assessors is not sufficient to support a request for adjustment in state aid. 73-119
Student records
A school cannot use confidential information obtained from law enforcement authorities to require students, under threat of expulsion, to participate in group or individual counseling, nor can the school use such information to suspend or expel students. The school can use such confidential information to refer a student to county social welfare agencies or nongovernmental self-help groups, but only if the student consents to such referral. 76-134
Secondary schools may not legally provide a vocational, technical and adult education district with the names of high school dropout students. 67-254
Taxation
Pursuant to section 120.12(3), Stats., the school board of a common or union high school district has the ultimate authority to determine the tax levy for the operation and maintenance of the schools in the district. 79-46
Matters and documents in the possession or control of school district officials containing information concerning the salaries, including fringe benefits, paid to individual teachers are matters of public record. 63-143
Vocational, Technical and Adult Education District owning residential property is subject to tax levied for school purposes under sec. 70.114(1), Stats. 63-187
When school taxes are collected on property in school district A but are erroneously paid to school district B, school district A is entitled, under sec. 74.78, Stats., to recover the amount so paid, with interest at six percent. Action on a claim under sec. 74.78, Stats., is subject to the six-year statute of limitation. To the extent that 14 OAG 443 (1925), 20 OAG 1177 (1931), and 24 OAG 170 (1935), are inconsistent with this opinion, they are repudiated. 68-389
Textbook loans to school students. 77-66
Textbooks
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
Transportation
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
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
Students living less than two miles from school may not be transported by the school board at parental expense. 62-95
Under secs. 121.54(7),343.12 and 340.01(56), Stats., a school bus and school bus operator need only be provided for the transportation of those students engaged in the extracurricular activity of the school. Exceptions to the requirements of providing a school bus and school bus operator for the transportation of students discussed. 65-298
The requirements of section 121.555(2)(a), (c)l., 2., 3. and 5. and (d), Stats., apply to all drivers transporting pupils other than only their own children to and from curricular and extracurricular activities, if such transportation has been provided by the school board. The requirements of section 121.555(2)(b) and (c)4. only apply if the vehicle used is owned or leased by a school or a school bus contractor or is operated by a school district employe. 75-146
Truancy
Parents who unilaterally remove a child from an exceptional educational needs placement violate the compulsory education statute. 79-105
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
Tuition
Neither art. X, sec. 3, Wis. Const., nor any other constitutional provisions 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 institutions are eligible for tuition grants under sec. 39.30, Stats. 66-182
Vocational school teachers
Discussion of the power of the Superintendent of Public Instruction to license vocational school teachers to teach public school students. 68-248
Vocational, technical and adult education
Neither art. X, sec. 3, Wis. Const., nor any other constitutional provisions 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
Section 38.08(1)(a), Stats., requires that a "school district administrator of a school district" appointed to a district board of Vocational, Technical and Adult Education have the qualifications specified in sec. 115.01(11), Stats. 70-256
Section 38.24(3)(b), Stats., making the district board of a student's district of residence liable for payment of nonresident fees when attending another district VTAE school is not a denial of equal protection. VTAE districts cannot enter into agreements with each other to waive the nonresident tuition provided for in sec. 38.24(3)(b), Stats. 69-139
Votes and voting
Decision of the Wisconsin Supreme Court upholding weighted voting on school district fiscal boards remains in full force and effect notwithstanding subsequent developments in the law of one person, one vote. 69-14
SEARCH AND SEIZURE
See CRIMINAL LAW
SECRECY
See CONFIDENTIAL REPORTS; OPEN MEETING; PUBLIC RECORDS
SECRETARY OF STATE
Election 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
Lobbying Law
The Secretary of State may promulgate rules and forms to aid in the administration of the Lobbying Law. However, a substantial portion of the rules proposed on April 30, 1975, would be invalid if adopted since they exceed bounds of correct interpretation of the relevant statutes and impose substantive requirements in excess of statutory authority. 64-49
Uniform Commercial Code
Changes in the Uniform Commercial Code filing procedures brought about by the amendments to secs. 409.401(1)(c) and 409.403(1), Stats., by ch. 215, Laws of 1973, discussed. 63-439
SECURITY GUARDS
See POLICE
SECURITIES LAW
Investment Board, Wisconsin
Section 25.18(1)(i) and (j), Stats., which permits the State of Wisconsin In vestment Board to lend securities to dealers, is constitutional. (Unpub.). 120-1979
Margin account agreement
Section 138.05(1), Stats., operates to limit the interest rate which a securities broker-dealer may charge to a noncorporate customer under a margin account agreement; a choice-of-law provisions in margin account agreement will have the effect of avoiding the applicability of sec. 138.05(1)(a), Stats., to interest charges made under the agreement if and only if the agreement bears a "reasonable relation" to the state of the chosen law. 64-11
SENATE
Elections
A state Senator need not resign his or her present seat before filing and running for a newly numbered Senate seat, merely because he or she is presently an incumbent Senator. 71-162
Vacancy
A vacancy in the office of a state Senator is created under the provisions of art. XIII, sec. 3 and art. XIII, sec. 10, Wis. Const., as implemented by sec. 17.03(5), Stats., upon his conviction of and sentence for any felony punishable by imprisonment in state prison, and no further specific action is required by the state Senate to implement those provisions. 65-264
SENTENCES
