The levy limit imposed on vocational, technical and adult education districts by section 38.16(1), Stats., does not include amounts charged under section 74.73(2), for recovery of unlawful taxes or overassessments. 75-6
Liability
The limitation of damages by section 893.80(3), Stats., in actions founded upon tort against governmental bodies, officers, agents or employes, unless modified or rendered inapplicable by other statute, applies to vocational, technical and adult education districts, their officers and employes. 77-145
Public records
A local vocational, technical and adult education district is a "school district" within the meaning of the Wisconsin Public Records Law. Sec. 19.21, Stats. Except for any pupil records under sec. 118.125, Stats., a VTAE district must preserve records at least seven years before destruction. Sec. 19.21(7), Stats. A VTAE district may not maintain records on microfilm. 71-9
Tax refunds
Municipalities may use the add-on method of recovery of refunded taxes from Vocational, Technical and Adult Education districts pursuant to section 74.73(2), Stats., regardless of whether the refunds are for unlawful taxes under section 74.73(1r) or excessive assessments under section 74.73(4). 76-268
Teachers
Discussion of the power of the Superintendent of Public Instruction to license vocational school teachers to teach public school students. 68-248
Tuition
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
Tuition grants
Students who attend state vocational, technical and adult institutions are eligible for tuition grants under sec. 39.30, Stats. 66-182
VOCATIONAL, TECHNICAL AND ADULT EDUCATION, BOARD OF
Appointments to VTAE Board
Criteria and procedures for review of district board appointments by the state VTAE board explained. Effect of an "elected official" member not seeking re-election midway in his term as a district board member discussed. 76-120
Criteria for appointment to district VTAE boards discussed, including changes in status of "employer," "employe" and "elected official" representatives and incompatibility between board membership and the offices of sheriff and circuit judge. Discussion of meeting notice requirements of sections 38.10(2)(d)3. and 19.84(3), Stats. Definition of "public officer" for purposes of section 38.10(1m) relating to participation on board appointment committee. 77-256
The State Board of Vocational, Technical and Adult Education may by rule require that the record concerning appointment of district board members show compliance with statutory procedural requirements, and the State Board may disapprove appointments because of procedural irregularities except those involving the Open Meetings Law. Also, appointment by the appointment committee and approval by the State Board is required to move a previously approved candidate from one membership category to another. 73-108
Apprentices
Apprentices indentured under ch. 106, Stats., may lawfully be charged tuition at schools in the state vocational, technical and adult education system for related instruction that apprentices must receive as a condition of their apprenticeship. 65-37
A vocational, technical and adult education district which provides apprenticeship training may contract with other districts for payment of the costs of training persons who are residents of the other districts. Such district may not refuse, however, to admit nonresident Wisconsin students to an approved apprenticeship program, because the district of the student's residence fails to reimburse the district providing the instruction, unless the State Board of Vocational, Technical and Adult Education adopts rules sanctioning such refusal. 69-257
Appropriations and expenditures
That part of sec. 67.12(12)(e)5., Stats., requiring the petition requesting that a referendum be held on a vocational, technical and adult education district board's resolution to incur indebtedness to contain the signatures of electors from each county in the district equal to at least 2.5% of the population of the county is unconstitutional as applied to the Moraine Park District. Equal protection of the laws is denied to electors in certain counties of the district in that their signatures on the petition, because of the wide disparity in population among the counties, are accorded greatly disproportionate weight as compared to the signatures of electors in other counties. 66-349
Composition of VTAE Board
The State Board of Vocational, Technical and Adult Education may by rule require that the record concerning appointment of district board members show compliance with statutory procedural requirements, and the State Board may disapprove appointments because of procedural irregularities except those involving the Open Meetings Law. Also, appointment by the appointment committee and approval by the State Board is required to move a previously approved candidate from one membership category to another. 73-108
Cosmetology Examining Board
Cannot circumscribe tuition refund policy set by the VTAE Board. (Unpub.). 102-1977
Dismissal of employe
Where statute provides that a public officer serves at pleasure but is appointed for a term, such public officer may be summarily dismissed during the term. 62-97
District board appointments
Criteria and procedures for review of district board appointments by the state VTAE board explained. Effect of an "elected official" member not seeking re-election midway in his term as a district board member discussed. 76-120
Criteria for appointment to district VTAE boards discussed, including changes in status of "employer," "employe" and "elected official" representatives and incompatibility between board membership and the offices of sheriff and circuit judge. Discussion of meeting notice requirements of sections 38.10(2)(d)3. and 19.84(3), Stats. Definition of "public officer" for purposes of section 38.10(1m) relating to participation on board appointment committee. 77-256
Eminent domain
Vocational, technical and adult education districts and the State Board of Vocational, Technical and Adult Education do not have the power of eminent domain and, therefore, are not subject to secs. 32.19 to 32.27, Stats., (Relocation Act). 63-367
Madison Redevelopment Authority
The Madison Redevelopment Authority proceeding under sec. 66.431, Stats., to eliminate blight or slums, may include in its plan the ultimate sale of acquired property to the Vocational, Technical and Adult Education District for a campus. (Unpub.). 95-1976
Nonresident Wisconsin students
A vocational, technical and adult education district which provides apprenticeship training may contract with other districts for payment of the costs of training persons who are residents of the other districts. Such district may not refuse, however, to admit nonresident Wisconsin students to an approved apprenticeship program, because the district of the student's residence fails to reimburse the district providing the instruction, unless the State Board of Vocational, Technical and Adult Education adopts rules sanctioning such refusal. 69-257
Political activity by state employes
Statutes 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
Promissory notes
Section 67.12(12)(e)5., 6., created by ch. 250, Laws of 1973, is construed to permit a vocational, technical and adult education district board to initiate a referendum on question of borrowing by issuing promissory notes, the results of which will be binding on the board. 63-551
State aid
The Wisconsin Board of Vocational, Technical and Adult Education has authority to adopt a policy which provides for the payment of state aids for the nonreimbursed costs incurred when vocational, technical and adult education districts enter into contracts pursuant to section 38.14(3), Stats., and when the State Board determines that the services provided are not "community services" within the meaning of section 38.28(1m)(a). In order to receive state aids for qualifying contracts, however, fees must be charged which are equivalent to the uniform program and material fees normally charged to district students. 74-67
Taxation
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
Transportation
VTAE Board may subsidize public bus line to provide transportation under sec. 38.14(6), Stats. 63-305
Tuition
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
See also ELECTIONS; REAPPORTIONMENT; REFERENDUM
Agriculture
An ordinance formulated and proposed by the supervisors of a county soil and water conservation district, created pursuant to sec. 92.05, Stats., is not necessarily invalid simply because its effect is limited to the regulation of agricultural practices and uses on land currently utilized for agricultural purposes. All resident electors of the "area to be affected" by such an ordinance may vote in a referendum election on the ordinance whether or not they reside on the specific kind of property which may be the subject of such regulations. 68-126
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
Constitutionality of Wisconsin's Campaign Finance Law, ch. 11, Stats., discussed in light of Buckley v. Valeo, 96 S. Ct. 612 (1976). 65-145
Dyslexia
An elector with dyslexia may qualify for voter assistance under the provisions of sec. 6.82(2)(a), Stats. 62-195
