chapter 38docs.legis.wisconsin.gov/document/statutes/1989/38.pdf · 89-90 wis. : stats. 820 chapter...

89-90 Wis . : Stats . 820

CHAPTER 38

VOCATIONAL, TECHNICAL AND ADULT EDUCATION

38.001 Mission and purpose . (1) The legislature findss it inthe public interest to pr ovide a system of vocational, technicaland adult education which enables eligible persons to acquirethe occupational skills training necessary for full participa-tion in the work force; which stresses job training andretraining ; which recognizes the rapidly changing educationalneeds of residents to keep current with the demands of thework place and through its course offerings and programsfacilitates educational options for, residents ; which fosterseconomic development; which provides education throughassociate degree programs and other programs below thebaccalaureate level; which functions cooperatively with othereducational institutions and other governmental bodies ; andwhich provides services to all members of the public .

(1m) The board shall be responsible for the initiation,development, maintenance and supervision of programs withspecific occupational orientations below the baccalaureatelevel, including terminal associate degrees, training of ap-prentices and adult education below the professional level

(2) The principal purposes of the vocational, technical andadult education system are to :

(a) Provide occupational education and training and re-training programs, including the training of apprentices, thatenable residents to obtain the knowledge and skills necessaryfor employment at a technical, paraprofessional, skilled orsemiskilled occupation . . Such programs include general edu-cation courses to facilitate student achievement in occupa-tional skills training . . The district boards should maintaincourses at standards acceptable to national, regional andprofessional accrediting agencies and associations..

(b) Provide customized training and technical assistance tobusiness and industry in order to foster' economic develop-ment and the expansion of employment opportunities .

(3) The additional purposes of the vocational, technicaland adult education system are to :

(a) 1 .. Contract with secondary schools to provide educa-tional opportunities for high school age students in order toenhance their potential for benefiting from postsecondaryeducation and for- obtaining employment . .

2 . . Coordinate and cooperate with secondary schools tofacilitate the transition of secondary school students intopostsecondary vocational education through curriculum ar-ticulation and collaboration .

(b) Provide a collegiate transfer program .(c) Provide community services and avocational or self-

enrichment activities..(d) Provide education in basic skills to enable students to

effectively function at a literate level in society ..

(1) "Associate degree program" means a 2-year, post-highschool program in an area designated and approved by theboard for which the course requirements are established bythe board . .

(2) "Board" means the board of vocational, technical andadult education .

(3) "Collegiate transfer program" means a state-wide, full-time program, designated and approved by the board, inwhich the credits earned may be transferable to a 4-yearinstitution of higher education . .

(4) "Community service program" means an avocationalor self-enrichment course that does not lead to a payingoccupation or present essential skills needed in nonpayingoccupations and that is established by a district board andapproved by the state director under procedures establishedby the board ..

(5) "District" means a vocational, technical and adulteducation district established under this chapter . .

(6) "District board" means the district board in charge ofthe vocational, technical and adult education schools of 'adistrict . .

(7) "School board" means the school board in charge ofthe public schools of 'a school district . .

(8) "School district" means a school district operating highschool grades .

(9) "School year" means the time commencing with July 1and ending with the next succeeding June 30 .

(10) "Vocational-adult program" means a part-time voca-tionally oriented program established by a district boardwhich is approved by the state director under proceduresestablished by the board . .

(11) "Vocational diploma program" means cone- or 2-year, full-time program in an area designated and approvedby the board for which the course requirements are estab-lished by the board ..

Histor y : 1 971 c . 15 4, 211 ; 1975 c . 39 ; 1979 c 34; 1983 a .. 189 . .See note to 118 15, citing Educ . Assn v P ublic Instruction Dept . ., 154 W

(2d) 655, 453 NW (2d) 915 (Ct App . 1990) .

38.001 VOCATIONAL, TECHNICAL AND ADULT EDUCATION

38 . 001 Mission and purpose,-38 . . 01 ' Definitions

38 „ 02 Establishment .3804 Board of vocational, technical and adult education; powers and

duties .. .38 . . 06 District boundaries3808 Composition and organization of district board. .38 ; 10 Appointment of district boa rd members.38 12 ' . District board duties ,38 . 125 . Public, broadcasting stations. . .38 14 District board powers .. .38 , 15 Financing 'o£ capital expenditures ..38 16 District tax levy .

.38 .. 18 Contracts and bidding .

3820 Adjustment of assets and liabilities.38 , 22 Admission requirements ;38 .23 Student discrimination prohibited ,3824 Fees and tuition .38 . . 27 Incentive . grants .3828 State aid ,38 . 29 Chauffeur training grants.3830 , . Special aid for veterans .3832 Vocational education instructor occupational competency pr 'ogr 'am . .38 ,35 Alcohol and other drug abuse prevention and intervention

programs38 . ..36 Nutritional improvement for elde r ly ,38 .51 Educational approval board

(e) Provide education and services which address barrierscreated by stereotyping and discriminating and assist minoii-tes, women and the handicapped or disadvantaged to partici-pate in the work force and the full range of vocational,technical and adult education programs and activities ..

History: 19'71 c .. 100, 125, 211 ; 1981 c 269, 391 ; 1983 a. .3'79 ..

38.01 Definitions . In this chapter :

Electronically scanned images of the published statutes.

82L : 89-90 Wis Stats : VOCATIONAL, TECHNICAL AND ADULT EDUCATION 38.04

38.02 Establishment . There is established under this chap-ter a system of vocational;: technicaland adult education tofoster andmaintain instruction in courses approved by theboard impart-time and full-time day or evening classes ., Everyperson at least the age specified in s . 118„15 .(1) (b) who canprofit thereby is eligible to receive instruction under thischapter and rules promulgated by the board .

History : 1 97 1 c . 1 54 ; 19 89 a. 359 . ,

38.04 Board of vocational , technical and adult education ;powers and duties . (1) GENERAL, The board shall determinethe organization, plans, scope and development of voca-tional, technical and adult education . . For state aid, creditdetermination and other purposes, the board shall establishcriteria for the establishment of district schools and shallclassify'and name the district schools .

(2)-DrnECrox . The board shall appoint a director; outsidethe classified service, to serve at its pleasure

(2m) ExEcurivE Asstsinrrr : The director may appoint anexecutive assistant, outside the classified service, to serve athis or her pleasure,

(3) STAFF, The board shall appoint such staff as is neces-sary under- the classified service, Two division administrator,positions shall be filled outside the classified service .

(4) TEACHER AND COURSE REQUIREMENTS . . (a) Except asprovided in par'.,("ag),'the qualifications of educational per-sonnel and the courses of study for each program offered indistrict schools shall be approved by the board.. The boardmay charge the districts for the fulll costs associated withcertification of' educational personnel,° Such certificationexpenses shall not be included in the district aidable cost .

(ag) A, program approved by the development financeboard under subch. IV of ch . 560 is exempt from boardapproval under par. (a) .

(am) The board shall not consider any course of study forapproval under par.. (a) that has not first been approved bythe district board .-(b)' The board may authorize 'district boards to giant

associate degrees to those students who successfully completeassociate degree programs ..

(c)' Collegiate transfer programs shall not comprise 'morethan 25% of the approved credit hours" offered in anyvocational, technical and adult education district .

(d) The board shall seek the advice of the environmentaleducation board on the development of environmental edu-cation programs..

(5) COOPERATE WITH FEDERAL GOVERNMENT, The` U01I'C{shall cooperate with the federal government in carrying outany federal act pertaining tO vocational, technical and adulteducation„

(6)GIFT'S AND GRANTS . The bOaId ri12y accept g l ftS , grants;bequests and devises to be used in the execution of itsfunctions . .

(7) FUNDING SOURCES ., The board shall develop policies forthe purpose of` specifically identifying thee general purposerevenue and-nongeneral purpose revenue funding, sourcesused for noninstructional student activities and for the pur-pose of governing the allocation of funds to those noninstruc-tional student' activities, supported by both general purposeand nongeneral purpose revenue .

(8) MINORITY STUDENT RETENTION GRANTS, (a) In thissubsection, ".`minority group member" has the meaning givenins 560.036 ( 1 )(f) .

(b)` From the appropriation tinder, s . 20 ..292 (1) (c), theboard shall :

1 Beginning in the 1990-91 school year, annually awardgrants to applying district boards to cover the costs incurred

by the district boards for counseling and tutoring services forstudents who are minority group members .. The districtboard shall use the grant to supplement andd not to replacefunds otherwise available for counseling and tutoring ser-vices, .If a district in which the number of minority studentsenrolled constitutes 15% or more of the total enrollmentreceives a grant under this subdivision, the district board shalluse the grant for the placement and retention of minoritystudents in technical education programs with high earn ingpotential . . No grant under this subdivision may equal morethan 50% of approved expenditures .

2 : Beginning in the 1989-90 school year, annually award agrant to a district board operating a collegiate transferprogram that prepares its graduatess for admission to ateacher education program at an institution within the uni-versity of Wisconsin system to provide internships forr minor-ity group members enrolled in the program . The amount ofthe grant under this subdivision shall be $52,800 in the 1989-90 school year and $52 ,800 in the 1990-91 school year .

3. Beginning, in the 1990-91 school year, annually award agiant to a district board of' a district that contains a lst classcity to fund a pilot program that combines basic skillsprograms with occupational training pxogiams . The amountof the . grant under this subdivision shall be $47,200 in the1990 -91 school year .

(9) TRAINING PROGRAM . . FOR FIRE FIGHTERS In order topromote safety to life and property , : the board may establishand supervise a training program in fire preventionn andprotection : The training program shall be available tomembers of volunteer and paid fire departments maintainedby public : and private agencies, including industrial plants .The council on fire service training programs shall advise theboard on the establishment and maintenance of the program

(10) ADDITIONAL FACILITIES (a) Except as provided underpar : (b), the board shall review and approve any proposals bydistrict boards for land acquisition, additional or new facili-ties ; rentals and remodeling of existing facilities, prior to theletting of contracts to construct, remodel, rent or incur debtfor such facilities or acquisition of land . The board shallencourage district boards to finance capital building propos-als with long-term benefits through bonding or promissorynote obligations :

(b) Proposals by district boards for minor rentals andminor remodeling projects are exempt from board review andapproval under par ': (a) . . The board shall promulgate rulesdefining "minor rental" and "minor remodeling" and estab-lishing cr iteria and procedures for exempting such proposalsunder this paragraph .

(c) The board shall review and approve, disapprove ormodify any proposal by a district board to lease facilities o rproperty to others under s . 38,14 (2) (d) .

(11) DISTRICT REPORTING AND AUDIT REQUIREMENT' S , (a)Uniform, format and reporting systems . The board shall estab-lish uniform reporting methods for fiscal, enrollment, ' pro-gram and other information which shall be provided by thedistrict boards as the board deems necessary and shall requirecommon use of the fiscal year for operations and datareporting .. The board shall establish, by rule, uniform for-mats and repo rting standards fox district board contractsunder s . 38.: 14 (:3) and fox budgets approved by district boardsunder s . 38,12 (Sm) . The board shall promulgate rulesgoverning the financing of capital expenditures under s 38 15and the management of reserve funds ;

(b) Annual audit . . The board shall promulgate rules gov-erning the annual district audit under s .. .38 . 12 (5) . The rulesshalll provide for a standard audit contract andd shall specifythe minimum disclosures to be made by the firm conducting


89-90 Wis .. Stats . 82238.04 VOCATIONAL, TECHNICAL AND ADULT EDUCATION

such assistance, or is supported as the parent of minorchildren by public assistance or spousal support but whosechildren are within 2 years of ' reaching their majority ..

( 14) GENERAL DISTRICT POLICIES . (a) The board shall pro-mulgate rules, applicable to all district boards, establishinggener al district policies and procedures on all of thefollowing:

1 . Employe and district board member travel and ex-penses . Thee policies and procedures established under thissubdivision shall be similar to the provisions of ' ss , 16 . 53 (12))and 20 916, insofarr as applicable ..2.. Procurement .3 Personnel, including thee district director. .,4 . Contracts to provide services .(b) The board may direct the district boards to establish

written policies relating to any matter not enumeratedd underpar. (a) .

(15) REVIEW OF DISTRICT BOARD APPOINTMENTS The boardshall, by rule, establish criteria and procedures for- the reviewof district board member ' appointments by the board ..

(17) INFORMATION FOR TAX BILLS .. By October' 1 , the boardshall provide to the department of revenue the informationabout aids distributed under ss . 38 . 28 and 38 .32 to eachvocational, technical and adult education district that willenable the department of revenue to furnish to taxationdistricts the information required under s .. 73 03 (31) .

(18): RECYCLING PROGRAMS,, The board shall develop aprogram relating to recycling Costs under , this subsectionshall be paid from the appropriation under s . 20 292 (1) (s) . .

History : ' 19 7 1 c 154, . 211 ; 1973 c . . 90, 333 ; 19 ' 15 c. 39 ; 1977 c 29 19 ' 79 a .221 ; . 1981 c. . 20 ; . 1981 c . 93 ss 19m, 30m, 30o ; 1981 c . 269, 3 1 4 ; 1983 a . 2 7 , 379 ;1985a . 12, 29; 1985'a, .332 s 251 (1) ; 1987 a 27 ; 1989 a . 31, 1 07 , 125 ; 169, 299,

.335,336See note to 66 .433, citing 70 Atty Gen 226 .See note to 1921, citing 71 Atty .. Gen . . 9State board review of district board appointments discussed.. '73 Atty . Gen

Los; _

38.06 District boundaries. (1) Each district shall includeone or more counties , municipalities or school districts in anycontiguous combination ..

(2) In this section, .','reorganization" means any alteration,dissolution, creation or merger of any district .

(3) (a) Upon its own motion or upon approval of a petitionfiled under sub . (4), the board may issue a district reorganiza-tion order . Prior to issuing an order under this subsection,the board shall conduct such studies, investigations andhearings as it deems necessar y .

(b) Any reorganization . orderissued by the board shall takeeffect on the July l next succeeding the date of the order .

(c) Three months prior to the effective date of any reorga-nization order, the board shall report to the joint committeeon finance the fiscal and educational impact of the reorgani-zation order upon the affected districts

(4) (a) The governing body of a county, municipality orschool district may file a petition with the board requestingthat its territory, be detached f rom the district in which it liesand attached to a district to which such territory is contigu-ous, or if portions of its territory lie in more than one district,by requesting that all such portions be placed within one ofsuch districts .

(b) Immediately upon receipt of the petition, thee boardshall notify each district board affected of the receipt of thepetition and the boundary reorganization requested therein . .Such district boards shall within 45 days notify the board oftheir recommendations on the petition .

(c) Within 90 days of' the receipt of ' the petition, the, boardshall notify -the governing body filing the petition and the

the audit and the persons authorized to have access to andobtain the working papers of ' the firm conducting the audit..The board may conduct or contractt for an audit of anydistrict

(bm) Uniform , financial,fund accounting system . The boardshall prescribe a detailed uniform financial fund accountingsystem, applicable to all district boards , which provides forthe recording of all financial transactions inherent in themanagement of the districts and the administration of thedistrict aid programs.. The system shall be in operation by. July 1, 1987 ..

(c), Withholding of state aid , The board shall withhold orsuspend payment of all or a portion of state aid to any districtboard which fails to comply . with accounting, budget, audit,contracting and reporting standards established by the boardunder this subsection . .

(12) PRISON INMATE EDUCATIONAL PROGRAM .. The boardmay establish vocational educational programs for inmateswithin- the state correctional system and contractt with thedepartments of corrections and health andd social services forreimbursement of that portion of the district program costswhich exceeds amounts received as state and federal aid ..

(13)DISPLACED HOMEMAKERS'' PROGRAM ,. (a) I The boardshall accept and process applications from district boards andlocal community organizations to provide services, whichmayy include butt are not limited to personal counseling andoutreach, to or ' on behalf` of displaced homemakers . : Theboard shall make grants for these purposes from the appro-priation under s . 20 292 (1) (b) ., Grants under this subsectionshall be distributed on a statewide basis and shall supplementrather than : replacee funds received under any other law toprovide- services to displaced homemaker 's To the extentpossible while maintaining statewide distribution, except asprovided in subd. 2, in awarding grants preference shall begiven to district boards .: If a particular district board does notapplyy for a grant under this subsection, the board may awarda , grant to a local community organization located in thatdistrict which, submits an application : No grant may equalmore than 90% of approved expenditures . Any cost to theboard of administering this subsection shall be paid from theappropriation under s :20 ..292 (1) (a) .

2 .. If the board receives an application from a local commu-nity organization offering a displaced homemakers' programin the 1981-83 biennium and from a district board, the boarddmay not give preference to the district board's application .:

3 If the board determines that a district board or, localcommunity organization awarded a grant under subd 1 willnot fully expend the grant before the end of a , fiscal year,, theboard may reduce the amount of the grant awarded to thedistrict board or local community organization andd awardthe funds to another applicant . .

, (b) No person may, on the ground of ' sex, age, race, color,religion or national origin', be excluded f r om participating in,be denied the benefits of; or, be subjected to discriminationunder any program or, activity fundedd in whole or in part withfunds made available under, this subsection .

(c) In this subsection; : "displaced homemaker" means anindividual who :

1 Has worked in the home for- a substantiall number ofyears providing unpaid household servicess for familyymembers ;, _

2 Is not gainfully employed ;3 . . Has had, or would have, difficulty in securing employ-

ment; and4 Has -been dependent on the income of another family

member but is no longer, supported by such income, has beendependent on public assistance but is no longer eligible for


VOCATIONAL, TECHNICAL AND ADULT EDUCATION 38.10823 89-90 Wis.: Stats ,

the function shall be performed by the district boardsecretary .

History: . 1971 c. 154; 1977 c. 29 ; 19811 c 269 ; 1983 a. 189 s 329 (17) ; 1985a . 29; 1987 a . 94; 1989 a . .31, 359

Office of commissioner on policy board of consortium of counties underfederal : comprehensive employment and training act and office of president ofdistrict VTAE board which would be applicant and competitor for funds allo-cated are incompatible; however, counties under present statutes do not havepower to form consortium for purposes of federal act where Governor has notdesignated them as participating units of government under 16 54 (6) 63 ArtyGen. 453 .

Criteria for appointment to district VTAE boards discussed, includingchanges in status of "employer," "employe" and "elected official" representa-tivesand incompatibility between board membership and offices of sheriff andcircdit 'judge 77 Atty. Gen, 256 :-

38.10 Appointment of district board members . (1) Districtboard members shalll be appointed by an appointment com-mittee constituted as follows :

(a) If' the petition for creationn of a district was filed by thegoverningr bodies of school districts or municipalities, theschool board presidents of school districts having territorywithin the district shall constitute the appointmentcommittee ..

(b) If the petition for creation of a district was filed by thegoverning bodies of counties or any combination of ' schooldistricts ; , counties and municipalities, the county boardchairpersons of countiess having territory within the districtshall constitute the appointment committee .

(c) If the board created a district , the heads of the gov-erning bodies designated - by the board shall constitute theappointment committee . The designation shall be made inaccordance with par . (a) or (b) depending upon which gov-ernmental units comprise the district .

(gym) An appointment committee member may designateanother officer of his or her governmental unit to representthe member at appointment committee meetings . .

(2) (a) 1 On or before the first Monday in March , or' within30 days of the date on which a vacancy on the district boardoccurs, the district board secretary shall notify each memberof the appointment committee, each governing body having amember on the appointment committee and the board of thevacancy or of terms of office which will expire during theyear .

2 The chairperson of the appointment committee shall fixa date, to be no later than 60 days after receipt of " notificationof the vacancy or term expiration, or 60 days after a springelection if' a vacancy occurs within 120 days preceding aspring election, and a timee and place forr a public hearing andmeeting of the appointment committee to approve a repre-sentation plan and to appoint district board members, andshall send written notice .of' the public hearing and meeting toeach district board member , each governing body having amember on the appointment committee, each member of' theappointment committee andthe board..

(b) The appointment committee member from the appro-priate governmental unit specified under sub .. (1) (a), (b) or (c)having the largest population in the district shall act aschairperson of the appointment committee .

(c) At the meeting and prior to the appointment of districtboard members, the appointment committee shall formulatea plan of representation for the membership of the districtboard' . The plan shall give equal ' consideration to the generalpopulation distribution within the district andd the distribu-tion ofwomen and minorities within the district : The plan ofrepresentation for' the membership of' the district board thatgoverns a district encompassing a 1st class city shall also giveequal consideration to the distribution of minorities withinthe lst class city . The plan shall form the basis upon whichmembership of' thedistrict board is determined . . The boardshall - review- district board appointments to determine

district boards affected of its approval or disapproval of theproposed detachment and attachment of'territory .

(5) If school district boundaries are changed in accordancewith ohs. 115 to 121, the board may act to change districtboundaries to coincide with school district boundaries with-out holding a public healing :

History: 19'71 c. 154 ;, 1973 c . 3.33 ; 1989 a 56 .

38 . 08 Composition and organization of district board . (1)(a)1 . A district board shall administer the district and shall becomposed of '9 members who are residents of the district,including 2 employers, 2 employes, 3 additional members, aschool district administrator, as defined under s, . 115 . .001(8),and one elected official who holds a state or local office, asdefined in s . . 5..02, except for the office of party committeemanor party committeewoman . : The board shall by rule define"employer" and "employe" for the purpose of thissubdivision .

2 . The employer and employe members of the districtboard shall be representative of the various businesses andindustries in the district . The school district administratorshall be employed by the school board of a school districtlocated in the district . Of the 3 additional members, no morethan 2 may be employers, no more than 2 may be employes,no more than 3 may be school district administrators and nomore than 3 may be elected officials. No 2 members of thedistrict board may be officials of the same governmental unitnor may any district board member be a member of theschool board that employs the school district administratormember .

(b) District board members shall take office on July 1 andshall serve staggered 3-year terms ..

(1g) The appointment committee for a district board thatgoverns a district encompassing a 1 st class city shall include 4additional members designated by the board of'school direc-tors in charge of the public schools of the 1st class city . Theadditional members shall be appointed so as to reflect, to theextent possible, the distribution of women and minoritieswithin the 1st class city ..

(2) Members of a district board shall serve until theirsuccessor's are appointed and, qualified . A vacancy shall befilled for any unexpired term of more than 90 days in themanner provided for the making of original appointments ins. 38 10 ;;;except that if' a vacancy occurs within 120 dayspreceding a ;spring election, the vacancy need not be filledduntil 60 days after the spring election ; in the manner providedin s. 3810 .

(2m) Any member of'a district board serving as an electedofficial under sub . (1) (a) 1 shall cease to be a member uponvacating his or her office as an elected official .

(3) The district board shall hold its annual organizationalmeeting on the 2nd Monday in July at which it shall electfrom among its members a chairperson, vice chairperson,secretary and treasurer . If a vacancy occurs in any of thedistrict' board officer positions after the annual organiza-tional meeting, the district board may elect an officer to fillthe vacancy at any subsequent district board meeting . Noperson may serve as chairperson for more than 2 successiveeannual terms .

(4) District board members shalll receive theirr actual andnecessary expenses incurred in the performance of their'duties .

( 5) Where a function is assigned to the clerk of a govern-mental unit and a district is one of such governmental units,


38.10 VOCATIONAL, TECHNICAL AND ADULT EDUCATION 89-90 Wis . . Stats . 824

whether they comply with the provisions of the plan and therequirements of s .. .38 ..08 (1) (a) .

(d) 1 , Upon receiving notice of the vacancy or termexpiration under par. (a) 1 andd at least 14 days beforepublication of the notice required under subd . .3, the appoint-ment committee shall publish a notice announcing the intentto appoint district board members, including the criteria forselection, and soliciting the submission of names and qualifi-cations of' candidates .

2 In order to be eligible for consideration for appointmentto the district board, a candidate shall submit his or her nameand qualifications to the appointment committee within 14days of the date of publicationn of the notice under subd . 1

3 :: Notwithstanding s . 19, 84 (3), the appointment commit-tee shall publish a notice of any meeting or public hearing atwhich the appointment committee will consider the filling ofany vacancy ' on the district board ' or , any other ' matter,pertaining to the appointment of district board members atleast 14 days before the meeting or public hearing .. Thesubject matter of the meeting or public hearing as specified inthe .e notice shall contain.n the names of individuals beingconsidered for appointment : Prior to the meetingat which anappointment is made, the appointment committee shall hold .da public hearing at which the names and qualifications of ''individuals being considered for appointment to the districtboard shall be discussed . No person may be appointed to adistrict board by an appointment committee unless his or hername appeared in at least one notice of a public hearing ormeeting of' the committee and he or she provided references tothe committee, was interviewed by the committee and at-tended the public hearing at which his or her appointment tothe dis tr ict board wass discussed .4.. All notices: under this paragraph are class 1 notices

under ch:. 985, except, that they shalll be 8-point type or larger „(e) . . Within 5 days of the appointment of district board

members, the chairpersonn of the appointment committeeshall send written notice of the appointments and lengths ofterms to thee board, to the members appointed to the districtboard and' to the district board secretary.,

(f) Selection of " district board member 's and approval of' arepresentation plan by the appointment committee shall beby majority vote of' a quorum under par' . . (g) . . If' the appoint-ment committee cannot reach agreement on the representa-tion- plan and district board membership w ithin 30 days aftertheir first meeting, the board shall formulate the plan ofrepresentation and appoint the district board members inaccordance with the plan

(fm) If' the board determines under par . . (c) that districtboard appointments: do not comply with the plan of ' represen-tationunder par (c) or do not comply with s . .38. : 08 (1) (a), theboard shall notify the appointment committee that the ds-trict board appointments are in noncompliance Within 45days after, receipt of the board's - determination that thedistri ct boa rd appointments are in noncompliance , the ap-pointment committee shallmake district board appointmentsthat comply with the provisions of the plan of representationunder par: . (c) and with s . 38 . 08 (1) (a) : The board shall reviewany appointments made under: this paragraph.. If the boarddetermines that the appointments made under this paragraphdo not comply with a plan of' repr•esentation under par (c) ordo not comply with s . 38,08 (1) (a), the board shall, formulatea plan of representation .that conforms with par .. (c) and theboard: shall appoint the district boardd members in accordancewith, the; plan of representation and with s . . 38.. 08 (1) (a) .

(g) County board chairpersons from counties having acombined population exceeding 50% of the population of ' thedistrict constitute a quorum to do business for appointment

committees composed of county board chairpersons undersub.. (1) (b) Schooll board presidents from school districtshaving a combined population exceeding 50% of ' the popula-tion of the district constitute a. . quorum to do business forappointmentt committees composed of school board presi-dents under sub . (1) (a) . In no case may fewer than 2 peopleconstitute a quorum ..

History: 197 1 c 154; 1977 c , 29; 1981 c 269; 1983 a 192; 1987 a 94 ; 1989a 31 ..

This section is constitutional, West Milwaukee v Area Bd . Vocational, i . -& A . Ed : 51 W (2d) 356, 187 NW (2d) 387 .

County board chairman acts for county on special group which appointsmembers of district board of vocational, technical and adult education, evenwhere there is a county administrator or executive .. 60 Atty . . Gen.. 257 .

3$.12 District board duties . ( 1) CONTROL OF DISTRICTscHOOLS . Except as otherwise provided by statute, the districtboard shall have exclusive control of the district schoolsestablished by it and of property acquired for the use of' suchschools .

(2) DISTRICT FUNDS AND TREASURER, The district boardshall deposit all moneys received by it with the district boardtreasurer who shall` be accountable for such funds .. Allexpenditures exceeding $2,500 shall be approved by thedistrict board . Disbursement of such funds shall be made inaccordance with s . 66 . 042 (6) . :

(3) DISTRICT DIRECTOR AND OTHER EMPLOYES (a) Thedist rict board shall employ and fix the compensation of :

1 .. A district director who shall have general supervisionnand management of the development and work of - the districtschools . .

2 .;. Such supervisors, coordinators , teachers and technica ladvisers and experts as are necessary . .

3 . Such clerical assistants , custodians and other employe sas are necessary .

(b?, Employes, under par. ., (a) 1 and 2 shall meet therequiements established by the boa rd and, ., where applicable,the qualifications determined under s . 38 . 04 (4) (a) .

(d) Employment of the district director underr par (a) 1shall be by written contract which shall be filed with thedistrict board secr etac ,y The contract shall set forth all of ' theterms and conditions of employment :

(4) PUBLICATION OF PROCEEDINGS ; ' OPEN RECORDS ., The

proceedings of ' the district board meetings shall be publishedwithin 45 days after the meetin g as a class l notice , under ch .985, in a newspaper published in the district . . If ' no newspaperispublished in the district, the proceedings may be publicizedAs the district board directs . The publication of' the proceed-ings shall include a statement of receipts and expenditures inthe aggregate: . The district board shall make a detailed recordof all receipts and expenditures available to the public forinspection at each district board meeting and upon request .

(5), ANNUAL AUDIT, The district board shall annuallyauthorize an audit of the district in accordancee with rulespromulgated by the board under s„ 38,04 (11) (b) . The districtboard shall submit the audit report to the board no later than6 months following the end of, each fiscal year,

(5m) ANNUAL BUDGET, The district board shall prepare itsannual budget in compliance with rules promulgated by theboard under s . . 39 .04 (11) (a) . The district board shall submitan. approved copy of its budget to the board by July 1 of eachyear , and shall report any subsequent budget modification tothe board within 30 days of approval of ' th8 modification bythe district board . .

(B) TRANSPORTATION"PLANNING.. The district board shallwork with-the regional planning commissions and the localauthorities of the community in which the district school islocated to evaluate the transportationn needs of the districtschool population . . The district board shall develop a trans-


VOCATIONAL, TECHNICAL AND ADULT EDUCATION 38.14825 89-90 Wis . Stats

4 Protective behaviors, including methods of recognizingand avoiding sexual assault and sexual harassment anddlocations in the community whe re courses on protectiv ebehaviors are provided .

(b) Annually supply all students enrolled in the districtprinted material that includes all of the information underPar . (a) .

(c) Annually, submit a report to the chief clerk of eachhouse of the legislature for- distribution to the appropriatestanding committees under s . . 13 . 172 (3) .. The report shallindicate the methodss the district board used to comply withpars . (a) and (b) .

History : 1971 c . 154 ; 197 5 c . 1 98 s.,65 ; 1977 c. 29; 1979 c . 221 ; 1981 a 20,269 ; 1981 c .. 391 s . 210; 1983 a . 27, 192 ; 1983 a 37 9 ss , 2, 5, 6, ' 7; 1983 a 391 ;1985 a . .332 s . 251 (1), (3) ; 1987 a 399 ; 1989 a , 56, 121, 177, 359 . .

38.125 Public broadcasting stations . If' the district boardgoverning the Milwaukee area technical college determines torelinquish its public broadcasting licenses, it shall offer toassign the licensess to the educational communications board ,subject to approval of the federal communicationscommission..

History: 1985 a 29 ; . 1987 a .399 .

35.14 District board powers. ( 1 ) LEGAL PROCEEDINGS . . Thedistrict board may sue and be sued in the name of the districtand may prosecute or defend all suits brought by or againstthe district :

(2 ) BUILDINGS AND EQUIPMENT. (a) For the use of thedistrict schools, the district board may .̀

1 .. Purchase or lease materials, supplies and equipment ..2 Purchase or lease suitable land and buildings andd rent to

others any portion of such land and buildings not needed forschool purposes .

3 Construct, enlarge and improve buildings Existingschool buildings and equipment shall be used as far aspracticable.

(b)If' thexe is a county teachers college in the district whichis no longer in operation, the district board shall utilize theexisting buildings and equipment of ' the college to the extenttpossible . .

(bm) With the approval of the director under s 38,04 (2),the district board may sell any property which it finds to be nolonger, nneeded by the district . .

(c) All conveyances, leases and contracts under this subsec-tion shall be in the name of ' the district .

(d) With the approval of the board under s 38 04 (10) (c) ,the district ; board may : . .

1 . Lease facilities to others for school purposes Thedistrict board may not, enter into a lease under this subdivi-sion after June 30, 199

2 .. Lease land to others for-, the construction of a buildingf'or school purposes if' any future acquisition of the buildinggby the district board will not expose the district board to anexpenditure exceeding $500,000 ;, excluding moneys receivedfrom gifts, giants or federal funds . . Thee district board maynot enter into a lease under ' this subdivi sion after June 30,1991

(3) CONTRACTS FoxsExvicES . (a) The district board mayenter into contracts to provide educational services to publicand private educational institutions, federal and state agen-cies, local governmental bodies, industries and businesses :

(b) The district board may enter intoo contracts with localcommunity-based organizations for basic skills instruction .

(bm) The district board may enterr into contracts to pro-vide, fiscaland management services to public and privateeducational, institutions, federal and state agencies and localgovernmental units ..

portation plan for the district school to effect energy resourceconservation and efficient use of transportation resources .Theplan shall include pedestrian walkways, bikeways, bikeroutes, bicycle storage racks, car and van pools, and to theextent feasible, improved mass transit services . The transpor-tation plans shall detail parking management strategies andparking fee policies which provide incentives for the use ofmass transit and high occupancy vehicles .

(7) DISTRICT POLICIES, The district boards shall establishspecific written policiess on district matters,, including all ofthe matters enumerated under s.: 38 .:04.(14), which are consist-ent with the rules promulgated under s . .38 ..04 (14) Thepolicies may not conflict with, any collective bargainingagreement and are subject to review and approval by theboard .

(8) COOPERATION WITH OTHER STATE AGENCIES . . (a) Thedistrict boards shall actively coordinate, with the departmentof public instruction and the school boards, the responsibilityfor providing vocational training to pupils attending highschool and for providing education to persons who havedropped out of high school .

(b) The district boards shall actively coordinate, with theinstitutions and centers within the university of Wisconsinsystem,: the sharing of programs and facilities, including theecollegiate transfer program, adult education .n and eveningcourses and part-time student and associate degree programs,in order: to, reduce the duplication of such programss andfacilities ..

(c) Annually by .July 1, the district board shall report to theschool boards of'eveiy school district located in whole or inpart within the boundaries .s of the district on the steps thedistrictt board has taken in the previous year to satisfy itsresponsibility under par .: (a) .

(9) FIRE FIGHTER TRAINING PROGRAMS , The district boardshall make available to memberss of volunteer and paid firedepartments maintained by cities, villages and towns locatedin the district a fire fighter training program approved by theboard and funded under s 20 .292(1) (gr) . No district boardmay charge a fee for' training provided under this subsection . .

(10) CONTROLLED SUBSTANCES ; DISCIPLINE.. Each districtboard shall adopt rules providing nonacademic misconductdisciplinary sanctions for any student who engages in anactivity, on district premises or at adistrict-sponsored event,that constitutes a violation of ch. 161 . In determining theappropriate sanction, the district board or' its designee shallconsider: those penalties, including suspension and expulsion,that will' contribute most effectively to maintaining a schoolenvironment free from controlled substances, as defined in s .16101 (4)

( 11 ) ORIENTATION PROGRAM; INFORMATION ON SEXUAL AS-SAULT AND SEXUAL HARASSMENT, The district board shall :

(a) Incorporate in its orientationr program for newly enter-ing students oral and written information on sexual assaultand sexual harassment, as defined ins . 111 .,32 ( 1 .3); includinginformation on sexual assault by acquaintances of the victimsand ori'all of the following :

1 The legal definitions of, and penalties for ; sexual assaultunder ss : 940 :225 and 948 .02, sexual exploitation by a thera-pist under s . . 940.22 and harassment under s.. 947 . .013 .

2 . . Generally available national and, state statistics onsexual assaults and on sexual assaults by acquaintances of'thevictims

3 The rights of victims under, ch ., 950 and the servicesavailable at the district school and in the community to assista student who < is > the victim of sexual assault or sexualharassment


38:14 VOCATIONAL, TECHNICAL AND ADULT EDUCATION 89-90 Wis . . Stats . 826

(c) A district board may contract with a foreign govern-ment or any business which is not operating in this state, if' adistrict board demonstrates that the district will receive adirect and measurable benefit from the contract and that thecontract will not result in a reduction in the quality ofeducation at district schools and if' all of the followingconditions are met :

1 : The contract meets all of'the requirements for a districtboard contract under this subsection .. .

2:: The contract provides for fullcost recovery so that nodirect or indirect costs under the contract will be funded bythe district .

3 The district board reviews all cost allocation and record-keeping systems for all services provided under the contract,which shall be subject to audit by the district board, andprovides guidelines which conform with the requirements of'this paragraph4.. The district board agrees to conduct an audit, on at least

an annual basis, to determine that no state aids or district taxfunds are spent in the execution of the contract .

(d) No district employe may receive compensation from acontract under par . . (c) in excess of'the compensation that heor she receives as compensation as a district employe, and anycompensation that a district employe receives from a contractunder' par„ (c) shall be paid in proportion to the percentage ofan employe's workload that represents the amount of timethat an employe is assigned to work under a contract .

(e) The district board shall establish and file with the boardpolicies governing contracting under this subsection .. ByDecember 1, 1990, and annually by December 1 thereafter,the district board shall submit to the board, in a formdetermined by the board, a report identifying all contractsunder which the district board provided services under thissubsection in the preceding fiscal year, and any other infor-mation requested by the board .

(4) GIFTS AND GRANTS . . The district board may accept gifts,giants and bequests to be used in the execution of itsfunctions and may accept grants to provide fiscal and man-agement services for the office of ,justice assistance in thedepartment of administration or- its subsidiaries or, if applica-ble; its successor agency .:'(5) ADVISORY coMMrrnES . The district board may estab-

lish advisory committees representing every occupation in thedistrict. Each advisory committee shall consist of equalnumbers of employers and employes selected by the districtboard from recommendations submitted by representativeorganizations and associations of each occupation . Thedistrict board and the district director may request theadviceand assistance of these advisory committees in selecting,purchasing and installing equipment, in preparing coursematerials, in developing instructional methods and voca-tional guidance programs and for such other purposes as thedistrict board desires .

(6) TRANSPORTATION,, The district board may providetransportation for students within the district, but no stateaid may be paid for-this service„

(7) SA LE OF ARTICLES. The district board may sell at marketvalue articles manufactured in district schools . The proceedsfiom'sueh sales shall be-paid to the district treasurer .

(9)A,CTIVITY ANDINCIDENIAL FEES„ The district boat d mayestablish student activity and incidental fees to fund, in wholeor in part, the cost of'services and activities offered as supportservices for regular instruction .

(10) BONDS FOR OFFICERS AND EMPLOYES, The district boardmay require'an officer or employe of the district board to givesecurity for` the "faithful performance of his or her duties insuch form and amount as the district board determines, and

may require at any time additional bonds and sureties of anyofficer or employe

(11 ) DISPLACED HOMEMAKERS' PROGRAM .. The district boardmay apply for and spend grant funds from the board fordisplaced homemakers' programs . The district board mayspend those grant funds for contracts with local communityorganizations

(12) INTEGRATED SERVICE PROGRAMS FOR CHILDREN WITHSEVERE DISABILITIES. If the county board of super visors estab-lishes an integrated service program for children with severedisabilities under s .' 59 . 07 (147), the district board mayparticipate in an integrated service program for children withsevere disabilities under s . . 59,07 (147) and may enter intowritten interagency agreements ` oi ' : contracts under theprogram .

History: ; 1971 c. 154,, 215; 19 7'7 a 29; 19 79 c. 221 ; 1981 c . . 20, 93, 269 ; 1985a.. 29; , 1987 a .. 2 ' 7, 403 ; 1989 a .31 ,

The Milwaukee technical college may acquire and operate a retail servicestation as a part of 'a vocational training program 58 Atty .. Gen . . 2.3 .

See note to art, VIII, sec. 10, citing 60 Atty. Gen .. 231 .VTAE districts and . the state board of vocational, . technical and adult edu-

cation do not have the power of eminent domain and, therefore, are not sub-ject to 32 .19 to 3227, the relocation act . . 63 Atty , Gen; 367

VTAE board may subsidize public bus line to provide tr ansportation under(6): 65 Atty . Gen. 305 . .'

38:15 Financing of capital expenditures . (1)Subject to sub .(3) if ' the district board intends to make a capital expenditurein excess of $500 ,000 , excluding moneys received from gifts,grants 'or federal funds, for the acquisition of ' sifes, purchaseor construction of buildings , the lease/purchase of buildingsif ' costs exceed $500,000 for the lifetime of the lease, buildingadditions or enlargements or the purchase of fixed equipmentrelating to any such activity , it shall adopt a resolution statingits intention to do so and identifying the anticipated source ofrevenue for each project and shall submit the resolution to theelectors of ' the district for approval . The referendum shall benoticed„ called and conducted as provided in s. 67 . : 05 (3)insofar, as applicable . For , the purposes of this section, allprojects located on a ; single campus site within one d istrictwhich are bid concurrently or which are approved by theboard under' s . .38 ,04 : (10) within a 2-year period shall beconsidered as one capital expenditure project ;

(2) No more than $500,000 in reserve funds, consisting ofpropertyy tax revenues andd investment earnings on thoserevenues, may be utilized by the district board to financecapital expenditures in excess of $500,000 for the purposesunder sub ., . ( 1 )„

(3) This section applies to buildingg program actions ap-yproved . by the board after January .31,1980 :. This section does

not apply to building remodeling or improvement projects :(5) This section does not apply to the acquisition of 'a

building as a result of a lease under s , 38 . 14 (2) (d) 2 if thedistr ict makes no cash expenditure to acquire the building

(6) Fo r a, building acquired as a - result of a lease under s38 . .14. (2) (d) 2, the purchase price is a capital expenditureunder sub: (1) in the fiscal year commencing on the 2nd July. 1following the acquisitionn of the building.,:

History: 1979 c 221 ; 1983 a . .380 ; 1985 a . 323; 1987 a. 27, .391 ; 1989 a 31 .This section requires approval by referendum of general building plan and

source of funding, not specific project proposal which is definite as to cost,location and campus configuration Ball v; District No 4 ; At ea Board, 117 W(2d) 529, 345 NW (2d) 389 (1984): . .

38.16'- District tax levy . (1) Annually by October 31, orwithin 10 days after receipt of the equalized valuations fromthe department of revenue, whichever , is later, the districtboard may levy a tax, not exceeding i 5 mills on the full valueof the taxable property of the district , for the purpose ofmaking capital improvements, acquiring equipment and op-erating and maintaining the schools of the district, except that


VOCATIONAL, TECHNICAL AND ADULT EDUCATION 38.22827 89-90 Wis: Stats ,

or promissory notes under ch . 67 to pay the cost thereof'including assumption of outstanding obligations .

(d) The city or village shall deposit the proceeds of ' the saleof ':vocational and adult education school property in the debtservice fund, if any, created for payment of existing voca-tional and adult education school obligations . The indebted-ness of " such city or village shall, for purposes of computing itslegal debt limit, be deemed reduced by the amount of suchdeposit. The city or: village ma y invest these ;debt service fundmoneys under s.. 66,04 (2) or 67. 11 (2) and (3) . Bonds andnotes, issued by distri cts for purposes of' this subsection shallnot be subject to referendum . The purchase agreement shallinclude an irrevocable clause providing that the district shallpay annually to the city or village a sum of money equal to theamount ; in which the interestt received by the city or villageupon investments authorized hereunder is less than theamount of interest paid by the city or village on the bonds ofthe , city or village for vocational and adult education schoolpurposes .

(e) The district purchasing property under thiss subsectionmay, with approval of the city council or village boardinvolved, pay the purchase price by issuing and deliveringdirectly to the city or village the general obligation promis-sory notes ox ,'the notes of the district under s .. 67 . 12 (12) ,except : that no referendum may be held and the 10-yearlimitation on such notes shall be inapplicable to such notesissued under this paragraph, .Such notes shall mature and bepayable at such times, in such amounts and at such ratee ofinterest as will amortize and pay when due the principal andinterestt on the outstanding obligations of the .city .y orr villagefor vocational and adult education school purposes, All suchnotes, upon execution and delivery to the city or village, shallin all respects be held and conside red as an authorizedinvestment under s.., 66.04 (2) or 67 11 (2) and (3) of the debtservice fund created for payment : of the cityy or villageobligations issued foi vocational and adult education schoolpurposes and shall be offset against city or village indebted -ness in computing legal debt limit to the same extent as otherrauthorized investments of the debt service fund andd suchnotes may be sold and hypothecated .. If' the offset against cityor village indebtedness under this paragraph is determined tobe invalid in any respect, such city or village immediately mayrequire the district issuing the promissory notes to such cityor-, village to comply with pats . (c) and (d) to the extentnecessary to cure such invalidity.

" History : ' 1971 c. 154; . 1983 a , 207 s 93 (8)

38.22 Admission requirements . (1) Every person who is atleast the age specified in s ., 118 „ 15 (1) (b) is eligible to attendthe schools of a district if the person is :

(a) A resident of this state(d) A `nonresident of ' thiS state, and if the district board of

attendance approves the enrollment,(1 m) Notwithstanding sub . (1) (intro . . ), a person who is at

least 15 years and 6 months of age, who satisfies the other'requirements for'admission undersub : (1) and who obtains aletter from his or her, high school p rincipal recommendingthat the person be permitted to attend the schools of a distr ictin order to take a course in motorcycle safety is eligible toattend the schools of a distr ict for the purpose of taking acourse in motorcycle safety . A person under the age of 16,years who takess a : course in motorcycle safety under thissubsection may not use in the course a motorcycle other thana motorcycle provided by the school of the district for thecourse ..

(4s) Notwithstanding sub, (1) (intro ), an individual underthe age of 16 is eligible to attend the schools of 'a district i f allof'. the following apply :

the mill limitation is not applicable to taxes levied for thepurpose-of' paying principal and interest on valid bonds ornotes now or hereafter outstanding as provided in s 67,035 .The district board secretary shall file with the clerk of eachcity, village and town,- any part of which is located in thedistrict, a certified statement showing the amount of the levyand the proportionate amount of the tax to be spread uponthe tax rolls for collectionn in each city, village and town . . Suchproportion shall be ascertained on the basis of the ratio of fullvalue of the taxable property of that part of the city, village ortown located in the district to the full value of all taxableproperty in the district, as certified to the district boardsecretary by the department of revenue, Upon receipt of thecertified statement from the district board secretary, the clerkof each city, village and town shall spread thee amountsthereof upon the tax rolls for, collection.. When the taxes arecollected, such amounts shall be paid by the treasurer of eachcity, viliage .and townn to the district board treasurer .:

(2) The district board may borrow money and levy taxes tobe used for : the purchase or construction of buildings and foradditions, enlargements and improvements to buildings andfor the acquisition of sites and equipment .. In financingactivities under, this subsection, the district may issue itsbonds or promissory notes under ch 67 to pay the costthereofHistory: .. 1971 c. . 154, .211 ; 1973 c . 61, 90; 1975 c. 39; 1971 c. 29 ss . 493,

1647 (13) ; 19'77 c. 300 ss '1, 8 ; 1977 c 418 s . 918m ; 1979 c 34; 1981 c .. 20This section is constitutional West Milwaukee v, Area B d .. Voca tional , 7

& .A Ed 51 W (2d) 356, 187 NW (2d) .387. .

38.18 Contracts and bidding . All contracts made by adistrict board for, public . construction in a district, the esti-mated cost of which exceeds $5,000, shall be let by-the districtboard to; the lowest responsible bidder in accordance with s ..62 . 15 (1;) to (11) and (14) .,, For purposes of'this section, thedistrict board shall possess the powers conferred by s 62 .15on the board of public works and the common council Alllcontracts made under this section shall be made in the nameof the district and shall be executed by the district boardchairperson and district board secretary .,Histor y: 1971 c . 154; 19'75 c . 244; 1981 c 269 ..

38 .20 Adjustment of assets and liabilities . (1) Except asprovided in sub . (2), upon the creation- of a district theproperty, assets, claims, contracts, obligations rights, dutiesand liabilities relating and pertaining to the existing voca-tional and adult education schools in the territory included inthe district shall become the property, assets, claims, con-tracts, obligations, rights, duties and liabilities of the district ..

(2) (a) Upon the creation of a district the property, assets,claims, contracts, obligations, rights, duties and liabilitiesrelating and pertaining to the existing vocational and adulteducation school operated in a city or village located in theterritory included in the district shall remain the property, ;assets, claims, contracts, obligations, rights, duties and liabil-ities of such city or village, unless the governing body of suchcity or village transfers the whole or any portion thereof tothe district under an agreement between such city orr villageand the district as to the use,, obligation and ownershipthereof,

(b) The purchase price of' such property, except as other-wise agreed upon under par . (a), shall be the fair .rnarket valueas determined by an independent!appraisec`selected,jointly bythe governing body of the city or village and the districtboard, less any outstanding obligations against thee propertywhich shall be assumed by the district ..

(c) In financing the purchase of property transferred to thedistrict under this subsection, the district may issue its bonds


38.22: VOCATIONAL, TECHNICAL AND ADULT EDUCATION 89-90 Wis.. Stats. 828

(a) The district board agrees to admit the individual „(b) The individual satisfiess the other requirements for

admission under sub (1) .(c) The individual has the written permission of his or her

parent of guardian.(d) The individual will not be attending the distr i ct school

during the hours of the normal school day established unders , 119 . 18 (7) or 120 . 12 (15)

(3) Nonresident students shall be subject to the same rulesand regulations as resident students . .

(4) The board shall establish procedures to determine theresidence of students attending district schools ., In the case ofany disagreement as to the residence of any student, theboard shall make the final determination ,:

(5) The board shall promulgate rules establishing thepriority to be given by a district board in admitting studentswho are residents of° the district, students who are notresidents of the district but are residents of this state andstudents who are not residents of this state ..

(6) The following persons are residents of this state for thepu rposes' of this section and s : 38 . 24:

(a) Any person who has been employed as a migrantworker for at least 2 months each ,year for 3 of the 5 years nextpreceding the beginning of the semester or session for whichtheperson wishes to enroll at a district school, or for at least 3months each year for 2 of the 5 years next preceding thebeginning of the semester or session for which the personwishes to enroll at 'a distr i ct school, any adult whose parent orlegal guardian has been So employed while the adult was aminor, and any minor whose parent or legal guardian hasbeen so employed' In this paragraph, "migrant worker" hasthee meaning specified in s . 103 . 90 (5) . .

(b) Any minor, ' or adult who is a dependent of his or herparents or guardian under 26 USC 152 (a), whose naturalparents are divorced or legally separated, if one or both of theperson's parents : have been bona fide residents of ' this state f" or,at least 12 months next 'preceding the, beginning of thesemester or, session for which the person ishes to enroll at adistrict school .

(c) Any person continuously employed ' full time in thisstate , whowas relocated to this state by his or her currentemployer or who moved to this state for employment put, -Poses and accepted his or her current employment beforeapplying for admission to a district school and before mov-ing, and the spouse and dependents of any such person , if thestudent demonstrates an intent to establish and maintain apermanent home in Wisconsin . In this paragraph, "depen-dents" has the meaning given in 26 USC 152 (a) .

History : 197 1 c. 1 54; 1977 c , 29, ss 494, 494m, 501 m ; 1972 c 273 ; 1985 a29; 1985 a 332 s . 251 (1) ; 1987 a. 122 ; 1989 a . 24, 3,1 ; .3 .36 .

District may not refuse to admit nonresident Wisconsin students to ap-proved apprenticeship program because district of student's residence fails toreimburse disf t ict; unless state board adopts rules sanctioning refusal . 69 Atty . .Gen . 257

38.23 Student discrimination prohibited : (1) No studentmay be denied admission to, participation in or thee benefitsof or be discriminated against in any service; program,course or facility of the board or any district because of theestudent's race, - color, creed, religion, sex, national origin, .,disability, ancestry, age, sexual orientation, pregnancy, mari-tal; status or parental status

(2) (a) Each district -board shall establish -policies andprocedures to, protect students fr om discrimination undersub . . (1) The policies and procedures shall do all of Shefollowing:

1 . Provide criteria , for determining whetherr sub . (1) hasbeen .n violated2.. Provide remedies and sanctions for violations ofsub, (1) .

3 . Require a complainant to file a complaint with thedistrict director, within 300 days of the alleged violation ofsub . . (1) .

4 . Provide periods within which the complainant and thedistrict director must act for each procedural step leading tothe issuance of a final decision and for appeal of the finalldecision to the district board .

(b) The policies and procedures established under par . (a)are subject to review and approval by the board . .

(3) By September 1 , 1991 , 1992, 11993, and 1994 , the boardshall submit a. report to the chief' clerk of each house of thelegislature for distribution to the appropriate standing com-mittees'under s. 1 .3 . . 172 ( .3) . The report shall specify thenumber of complaints received by each district board in theprevious school year alleging a violation of sub . (1) and thedisposition of each such complaint .

(4) Nothing in this section or, s . 36 :. 12 prevents institutionsfrom segregating students in dormitories based on sex .

History: 1989 .a . 186,

38.24 Fees and tuition . ( 1 ) PROGRAM F EES . The districtboards shall charge students the f ees established , by the stateboard under this subsection . Annually, the board shallestablish : '

` (a) Liberal arts collegiate transfer programs . Uniform feesbased on 29 . . .3% of the statewide average operational costs ofliberal arts collegiate transfer programs in district schools , .

(b) Postsecondary and vocational-adult programs . Uniformfees based on not less than 12% of ' the combined estimatedstatewide operational cost of postsecondary, exclusive ofcollegiate transfer, and vocational-adult programs .. Theboard shall maintain statewide uniformity in the programfees charged for postsecondary and vocational-adult c redits . .Students 62 years old and over shall be exempted fromprogram fees under this paragraph in vocational-adult pro-grams. ` Students enrolled in adult high school , adult basiceducation and English as a 2nd language courses shall beexempted from program fees under this paragraph ..

(c) Materials fees .. Establish uniform fees against all stu-dents, including tuition exempted students under, par . (b), tocover the cost of consumable materials in addition to pro-gram fees . .

(d) Programs for inmates . Uniform -fees, for vocationalprograms or courses offered to statee prison inmates at adistrict facility by the department of corrections or thedepartment of health and social services in cooperation with adistrict board, equal to the fees establishedd under par (b) .

(2) REFUNDS The board shall establish fee and tuitionrefund policies .

(3) NONRESIDENT FEES AND LIABILITIES For all students whoare not residents of Wisconsin ; nor- subject to reciprocalagreements with the board, the board shall annually establisha fee based on 100% of tbe statewide cost per full-timeequivalent student for operating the programs in which theyare enrolled. The fee established under this subsection is theeliability of the student "

History: 1971 c . ' 154; 211, 228; 1975 c 39, 224 ; 19'7' 7 c 29, 418 ; 1981 c 20;1983 a 27; 1985 ' a . 29 1987 . a. 27;' 1989 a . 37, 107, 3 .36.

Guidelines for determination of' district of residency of ' a VTAE student andstatutes affecting attendance at a particular VTAE school are discussed .. 61Atty. Gen . . 151 ,

VTAE schools are not "district schools" within meaning of Art. X, sec .. 3 .64 Atty. . Gen .. 24

Apprentices indentured under ch „ 106 may be charged tuition at UiAE "schools for related instruction that apprentices must receive as a condition oftheir appr enticeship', 65 Atty. . Gen .37 ,

38.27 Incentive grants . (1) The board shall annually notifyeach district board of those purposes for which grants may beawarded under this section . Grants may be awarded only forthe purposes of assisting in :


VOCATIONAL, TECHNICAL AND ADULT EDUCATION 38.28829 89-90 Wis.. Stats..

programs in addition to the amount awarded for such pro-grams in the 1988-89 fiscal year.

(3) (a) Each district board receiving a grant under thissection' shall, by September 1 of the fiscal year followingreceipt of' the grant, file a report with the board .- The reportshall , evaluate the district board 's performance in attainingthe goals specified in the application submitted under sub .(2) . .

(b) The board shall develop and implement an auditprogram to assess the effectiveness of the grant s made underthis section in accomplishing the intended goals .

History: 1985 a . . 29 ; 1987 a 399, 419; 1989 a . .3 1

38.28 State aid. (1) (a) Annually at the time and on formsprescribed by the director, the district board secretary shallreport to the board the cost of ' maintaining the schools of thedistrict" the character of ' the work done; the number, namesand qualifications of the teachers employed ; the number offull-time students enrolled ; the number of full-timeequ ivalent students enrolled in the district who are residentsof another district; the number of' full-time students exemptedfrom tuition, by course credits ; the actual amount of" tuitioncollected in postsecondary and in vocational-adult programs ;and such other information as the board requires .

(b) By October 15 , 1992, each district board shall report tothe board all of' the following information for each of the 2preceding school years

1 The number and titles of all postsecondary programsand course sections added or discontinued .

2. The number of nonresident students and the district,state and countryy of residence of each .

3 : For students who are residents of this state but notresidents of the distr 'iet :

a . The name and home address of each, to the extentpermitted under 20 USC 1232 g ..

b Whetherthe student's district ofresidence offered thepostsecondary program or, course in which the student isenrolled.: ,

4. The number; title and program area of each instruc-tional staff ' position added or eliminated and the reason forthe addition or elimination .

(c) B ,y ,lanuary 1 , 1993, the board shall report the informa-tion received from the district boards under par . (b) to thegovernor- and to the chief ' clerk of each house of the legislaturefor distribution to the appropriate standing committeesunder s. 11172. (3) .

(im) In this section :(a) ` 1 . "District aidable cost" means the annual cost of

ope rating a vocational, technical and adult education district,including debt service charges for district bonds and promis-sory notes for building programs or capital equipment, butexcluding all expenditures relating to auxiliary enterpr isesand community service programs, all expenditures funded byor- reimbursed with federal revenues, all receipts under ' sub..(6) all receipts under , s . '.38 . 12 (9) , all receipts under s . 38 14(3), receipts under s . 146 . 55 (5), all receipts from grantsawarded under ss . .38 . 04 (8) , 38 . 14 (11) and 38 ..27 , all feescollected under s .. 38 24 and driver education and chauffeur 'training aids

2 . " District aidable cost" fbr-any district that does not havean institution or center located in the district does not includecosts associated with the collegiate transfer program at thedistrict school . In this 'subdivision, "institution" and "cen-ter" have the meanings specified under s . 36 . . 05 ..

(b) "Equalization index" means a ratio determined by :1 . Dividing the most current statewide full valuation by the

board's `. estimate of the districts' total aidable full-timeequivalent student count for, the next fiscal year ;

(a) The creation or expansion of adult high school, adultbasic education and English as a 2nd language courses . . Theboardd shall give ' priority to courses serving minority, unem-ployed,, disadvantaged or handicapped students .

(b) The creation or expansion of programs, courses orservices, and related staffff and instructional materialdevelopment:

1 .. Which address the need to train emerging skills, skillsresulting from occupational or technological change or skillsin occupations experiencing substantial growth .

2 . For which there is significant projected long-term jobgrowth ; and

r3 .. That comply with state program priorities and plans for 'coordinating the efficient andd cost-effective delivery ofservices .

(c) The purchase or lease of high-cost instructional equip-ment ;necessary to develop or improve new or expandingoccupational training programs :

1 . . Which address emerging skilled training needs;2 For which there is significant projected long-term Jo

growth; and3 That comply with state program priorities and plans for

coordinating the efficient and cost-effective delivery ofservices.

(d) Programs that foster the provision of classroom in-struction for apprentices and the upgrading of ' ;joutneymen .

(e) Educational programs , courses or services that wouldnot otherwise be established :or, maintained because of' de-clines in district fiscal capacity ..

(f) Paying the . tuitiom of 'farmers enrolled in farm trainingprograms based on financial need criteria established by theeboard .

(2) (a) Any district board may apply to the board for agrant to accomplish the purposes identified by the boardunder sub . (1) .

(b) The board shall review the applications submittedunder par (a) according to procedures and criteriaa estab-lished by the board . Prior to awarding agcant for the purposeof Sub" (1) (e) the board shall consider the principle ofcomparable budgetary support for similar programs andensure that the program being ' considered fox, a grant isefficient and cost-effective .. The board shall notify the districtboard whether the district board's application has beenapproved and, if approved, of the amount and the conditionsof the' giant to be awarded .

(c) Amounts awarded under par . (b) shall be paid from theappropriation under s .. 20 .. 292 (1) (dc) and may be paid to thedistrict, board in ' instalments . Amounts awarded for thepurposes of' su6:( 1) (b) to (d) shall range from 25% to 75% of'the total project cost : : The board shall require the districtboard to :provide thee remaining percentage share of totalproject cost

(d) Amounts awarded for the purpose of sub (1) (a) or (e)may be awarded on a continuing basis, pending the availabil-ity of' funds . . Amounts awarded to support the establishmentof new programs: under sub .. (1) : (b) may be awarded for aperiod of up to 3 years; pending the availability of funds .

(e) Funds received under this section for the purpose ofsub, (1) (a), (b), (c) or (d) may not be used to supplant fundsotherwise available for such purposes

(2m) The board shall. ensure that:(a)' Beginning in the 1989-90 fiscal year, not more than

$1,500;000 annually is, awarded for the purpose of sub . . (1) (e) .(b) Not more than 25% of the total 'amount awarded under

thi s section in any fiscal year is for the purposes of sub . (1) (c) ..(c) Beginning in the .1989-90 fiscal year, at least $1,500,000

annually is awarded under sub .. (1) (a) for adult . literacy


38.28' VOCATIONAL, TECHNICAL AND ADULT EDUCATION 89-90 Wis . . Stats . 830.

2.. Dividing the most current full valuation for ' each districtby the board's estimate of that district's full-time equivalentstudentt count for the next fiscal year; and

3 . . Dividing the quotient of'subd . 1 by the quotient of ' subd .2, rounded to the 5th decimal place .

(2) (a) Annually, by January 1 , the board shall estimate thestatewide operational cost per full-time equivalent student incollegiate transfers and other postsecondary and vocational-adult programs for the next fiscal year . The board shallfurnish each district board with definitions ' of statewideoperational costs per full-time equivalent student and shallestablish procedures for determining operational cost pet-full-time equivalent student ..

(b) Each district' s share of aids under this section shall becomputed as follows :

11, The district's aidable cost shalll be multiplied by theapplicable percentage and thiss product shall be multiplied bythe equalization index to determine state aids . . In thissubdivision, the. "applicable percentage" is the percentagesufficient to generate total aid under this section that will fallwithin the range of 0, 999 and LOOT of' the amount appropri-ated under. s. 20.292 (1) (d), as determined by the board .

2 . The most current equalized values certified by , thedepartment of ' revenue shall be used in aid determinations .

3 . . Beginning with the 1975-76 fiscal year , state aids shall becalculated and paid on the basis of 1975-76 district aidablecost Annually thereafter, aid payments in any fiscall yearshall fund the district aidable cost in that same fiscal year . .4.. The board shall make such adjustments in aid payments

during the fiscal year as are necessary to reflect more currentdata under sub . . (lm) and s. 20,292 (1) (d) . . Final adjustmentsof state aid payments, on the basis of actual enrollments andcosts, shall be made from the following year's aid appropria-tion under s.. 20 .292 (1) (d) .

(c) The board shall pay an amount determined by multi-plying the number of students enrolled in a driver training ,course approved by the board by the number of credits ofthecourse for which each student is enrolled and multiplying theproduct by $16 . The board may provide aids under thisparagraph on the basis of a minimum of 10 studentss regard-less of -. thee number of students actually enrolled andattending . .'

(d) Notwithstanding par . (b), the board may withhold,suspend or reduce n , whole or in part payment of state aidunder this subsection to any district board whose program oreducational personnel does not meet minimum standards setby the board or which violatess thiss chapter or any rulepromulgated by the boardd under the authority of ' this chap-ter.. The , board shall discontinuee aids to thosee programswhich are no longer necessary to meet needs within the state .

(e) Aids shall not be paid to a district board for anyprogram unless the intended content of ' each course has beenthoroughlyy described, andd the program has been designatedand approved by the state director, aand reviewedd by theboard The board shall establish procedures to implementthis ,subsection which shall enhance the district's ability torespond rapidly to the needs of its citizens ..

(f) The board shall compile information on anticipatedcost fox each succeeding fiscal year by the preceding January

(g) The board shall pay an amount dete rmined by multi-plying She number , of students enrolled in a chauffeur trainingcourse approved by the board by the number of' credits of thecourse for which each student is enrolled and multiplying theproduct by $72 ..

(3) If the appropriation for state aid under s . 20 .292 (1) (d)in any one year is insufficient to pay the full amount under

sub . . (2), state aid payments shall be prorated among thedistr icts entitled thereto .. If the appropriation for state aidunder s . 20, 292 (1) (u) in any one year is insufficient to pay thefull amount under subs . (2) (c) and (g), funds in the appropri-ation shall be used first for, the purposes of sub . (2) (c) and anyremaining funds shall be prorated among the districts entitledto support under sub . (2) (g) . If " the appropriation for stateaid under s. 20,292 (1) (u) in any one year is insufficient to paythe full amount under sub :: (2) (c), funds in the appropriationshall be prorated among the districts entitled to the funds . .

(4) From the appropriation under s . . 20 292 (1) (dm), theboard shall annuall y pay to any di strict that does not have aninstitution or, center located within the district an amountequal to that portion of the instructional costs of the district'scollegiate transfer program not supported by fees and tuitionthat is equal to the state support of similar programs in theuniversity of Wisconsin system, as determined by the board . .In this subsection, "institution" and "center" have the mean-ings specified under s . 36 . 05 .

(5) State aid shallnot be paid to a district for any year,unless every teacher, administrator', principal and supervisoremployed by the district during that year is under a contractproviding for leave of absence by reason of sickness of suchperson, without deduction from salary, for not less than 5days per year and for accumulation of ' unused sick leave fromyear to year to a total of not less than 30 days . No allow ancemay be paid for such absences from teaching or othereducationall services r 'ender 'ed in evening school by any per-son employed at least 30 hours per week in da y school . Thissubsection does not apply to a person employed by thedistr i ct board for less than 30 hourss per week . .

(6) (a) Annually, the board shall determine all of thefollowing for each district : -

1 . The number of students enrolled in the district who areresidents of another district .

2. The number, of ' residents of the district who ate attendinga district school in another district .

(b) Annually , the board shall. pay to each dis trict for whichthe result under subd . 1 is a positive number an amountdetermined as follows:

1 . For each district, subtract the number determined underpar . (a) 2 , fxom the numberr determined under par .. (a) i forthat district, adjustedd to a full time equivalent basis . .

2.. Add the positive numbers obtained under subd 1 for alldistricts . .

3 . Multiply. the amount in the appropriation under s .20.292 (1) (fin)) for that fiscal year by a fraction, the numeta-tor of which is the result obtained under subd 1 and thedenominator of which is the result obtained under subd . 2 .

(c) The board shall make aid payments under this sectionfrom the appropriation under s .. 20 292 (1) (fin) . .

History : . 1971 c. 154; 211 ; 1973 c . 90; 1975 c . 39, 224; 1977 c . 29, 418 ; 1979c . 34, 221 ; 1981 c. 20, 269 ; 1983 a 27 ; 1985 a 29; 1985 a. 332 s. 251 (3); 1987 a27,399 ; 1989 a.. 31, 102, 3 .36.

38.29 Chauffeur training grants . (1) The board shall annu-ally notify each district board receiving state aid under s .38 . 28 (2) (g) of the amounts available for grants under thissection . Grants under this section may be awarded only forthe development of advanced chauffeur training facilities, theacquisition of instructional equipment for such facilities,operational costs associated with the maintenancee of suchfacilities and equipment and costs incurred in the coordina-tion of the training programs .

(2) (a) Any district board receiving aid under s . .38 . . 28 (2) (g)may apply to the board for a grant for the purposes describedunderr sub. (1) . .


831 89-90 Wis . . Stats . VOCATIONAL , TECHNICAL AND ADULT EDUCATION 38.36

(b) The board shall review the application according tocriteria and procedures established by the board.. If anapplication submitted under par . . (a) is approved, the boardshall notify the district board of the amount and conditions ofthe grant to be awarded,,

(c) Amounts awarded shall be paid from the appropriationunder s .20 . .292 (1) (v) . .

(3) Each district board receiving a grant under this sectionshall, by September 1 of'the fiscal year following receipt of'thegrant, file a report with the board . . The report shall evaluatethe district board's performance in attaining the goals speci-fied in the application submitted under sub . (2) (a)..History: 1985 a . 29

38 . 30 Special aid for veterans . (1) (a) District boards mayreceive payments from the U . S . . department of veteransaffairs for tuition to cover the cost of'training for resident andnonresident students who are enrolled in district schools andare veterans eligible for benefits under federal law,

(b) District boards may receive payments from the depart-ment of health and social services under s . 47,02 to cover thecost gf'training for resident and nonresident students who areenrolled in district schools and are veterans ineligible forbenefits under par, (a),.

(c) District boards shall not receive payments under thissubsection which, together with other' receipts for the samepurpose exclusive of the funds provided under s . . 38 .16, wouldexceed the full cost of training provided such veterans,

(d)' The amounts received for- nonresidents under thissubsection shall not be less than the amounts specified in s . .38 .24 (3) but may exceed such amounts .

(2) Upon the authorization of a school board or districtboard, the boardd may enter into contracts with the U S .department of veterans affairs for training in vocationalagriculture to be provided by such school board or districtboard to veterans eligible for benefits under federal law . Theboard shall receivee from the U.S, department of veteransaffairs payments granted to cover, the cost of administrationby the board and, to be paid to the school board or districtboard, payments granted to cover the cost of'such training .

History: 1971 c . 1 54 ; 1973 c 284 s, 32 ; 1977 c . 29 ; 1983 a 435 s 7; 1989 a..56

38 .32 . Vocational education instructor occupational com -petency program . (1) The board and the department of'public instruction shall ,jointly establish a vocational educa-t on. instructor occupational, competency program. Theprogram shall be designed to provide vocational educationinstructors in district schools and publicc high schools withtemporary work experiences in business and industry in orderto improve their knowledge and skills in, the subjects theyreach .:

(2) ` The board and the department of public instructionshall review proposals submitted by district boards andschool boards that are consistent with ,sub .: (1), From theappropriations-under ss . 20,255 (2) (e) and 20 .292 (1) (e), theboard and the department shall award grants to district

:. .boards and schooll boards .to partially pay the salaries ofteachers participating in approved proposals. 'Any fundsreceived by a district board or a school board under thissubsection shall be equally matched by,the e district board arschool board,

(3) To the extent possible, grants awarded under, sub . (2)shall be equally distributed on a statewide basis .

(4) The board, in conjunction with the department ofpublic instruction, shalll promulgate rules to implement andadminister the program under this section .. The rules shallensure that no worker in the participating business or indus-

try will be displaced or laid off' as a result of the program andthat the program does not conflict with any collective bar-gaining agreement in effect on the effective date of the rules .History : , 1983 a 370 ; 1989 a 56 .

38 . 35 Alcohol and other drug abuse prevention and inter-vention programs. (1) A district board may apply to theboard for a grant to assist in funding an alcohol and other,drug abuse prevention and intervention program under thissection .. The board shall determine the amount of'the grant, if'any, to be awarded: Amounts awarded shall be paid from theappropriations under s 20.292 (1) (w) and, before July 1,1993, s . 20,292 (1) (f) . The board shall promulgate rulesestablishing criteria for the awarding of grants

(2) Each district board receiving a grant under sub, (1)shall establish an alcohol and other drug abuse preventionand intervention program that meets standards establishedby the board by rule . The program shall be coordinated by analcohol and other drug abuse prevention and interventionprogram counselor . The counselor shall do all of" thefollowing.

(a) Provide educational programs for district staff' andstudents in the prevention of and intervention in alcohol andother drug abuse .

(b) Provide or coordinate support services for studentswho are in treatment for or recovering from dependence onalcohol or, other drugs,

(c) Provide early intervention services . .(3) The board shall ensure that grants awarded under sub,

(1) ate notused to supplant otherfunds availablee for posi-tions or programs relating to the prevention of, interventionin or education about alcohol, and other drug abuse.History: 1989 a 31, 122 .

38 . 36 ' Nutritional improvement for elderly . (1) In this sec-tion, "authorized elderly person" means any resident of thisstate who is 60 years of age or older ; and the spouse of anysuch person

(2) Any district approved by the board may establish asystem to provide the opportunity for authorized elderlypersons to participate in its meal program . If a district boarddesires to establish such a service, it shall develop a plan forthe provision of food services fox elderly persons and submitthe plan to the board . Annually, the board shall notify thedepartment of public instruction of'the approved districts .

(3) Each plan shall provide at least one meal per day foreach day that school is in regular session The district boardmay provide additional service at other times in its discretion,if the number of eligible persons in the district or adjacentdistricts is of sufficient size, in the opinion of the board, sothat unwarranted production expense is not incurred,

(4) Any district board that operates a food services plan forelderly persons under this section shall make facilities avail-able for service to elderly persons at every vocational schoolin the district that provides hot food service to its students . .Upon application, the board may grant exceptions fromcompliance with this subsection for reasons of safety, conve-nience. insufficient interest in a given neighborhood ..

(5) Meals may be served at schools where they are served tostudents or at any site more convenient to the majority ofauthorized elderly persons interested in the service . . Foodmay be transported to authorized elderly persons who areunable to leave their homes or distributed to nonprofitorganizations for such purposes . However, no state fundsunder this section may be used for food delivery to individualhomes. The board may require consolidation of programsbetween districts and between schools if'such aproceduxe willbe convenient and economical .


38.36 VOCATIONAL , TECHNICAL AND ADULT EDUCATION 89-90 Wis . . Scats. 832

(6) The distr ict board may file a claim with the departmentof' public instruction for reimbursement for reasonable ex-penses incurred, excluding capital equipment costs, but not toexceed 15% of the cost of the meal or 50 cents per meal,whichever is less.. Any cost in excess of the lessee amount maybe charged to participants If ' the department of publicinstruction approves the claim, it shall certify that payment isdue and the state treasurer shall pay the claim from theappropriation under s, 20,255 (2) (cn) .

Q) All meals served must meet the approval of the board ,which shall establish minimum nutritional standardss andreasonable expenditure limits consistent with the standardsand limits established by the state superintendent of publicinstruction under s.. 115 . .345(6). The board shall give specialconsideration to the dietary problems of elderly persons , informulating a nutritional plan . However', no distr i ct boardmay be required to provide special foods for individualpersons with allergies or medical disorders . .

(8) Participants in a program under , this section may berequired to document their ' Wisconsin residency in a mannerapprovedd by the board . The board may issue identificationcards to such persons if necessary . A district boardd may

` admit nonresidents who would otherwise qualify into itsprogram , but no state funds under this section may be used tosubsidize any portion of ' the meals served to such persons,

(9) The board shall adopt reasonable rules necessary toimplement this section .

History: 1989 a. . 269, .359 .

38.51 Educational approval board . (1) DEFtNtriorrs . In thissection unless the context clearly requires otherwise :

(a) "Board" means educational approval board . .(b) "Course" means an organized unit of subject matter in

which instruction .is offered within a given period of ' time or-which covers a specified amount of related subject matter..

(c) "Course of instruction" means a series of classroom orcorrespondence courses having a unified purpose which leadto a diploma or degree or to an occupationall or vocationalobjective .,

(d) `,̀ Person" means any individual, partnership, associa-tion, or corporation or any combination thereof,

(e) "School" means any person ; located within or outsidethis state, maintaining, advertising or, conducting any courseor course of' instruction for ' profit or, a tuition charge ; but in

- .subs (7) , (8) and (10) "school" means any private trade,correspondence, business or technical ; school not exceptedunder sub . (9)

( f) "Solicitor," means a person employedd by or represent-ing aschool located either within or outside this state who, inplaces other than the actual business premises of the school ,personally attempts to secure the enrollment of a student insuch school

(g) "Teaching location " means the area and facilitiesdesignated for use by a school required to be approved by theboard under this section .

(2) PURPOSE, . The purpose of the boardd is to approveschools and courses of instruction for the training of veteransof the armed forces and war orphans receiving assistancefrom the federal government, protect the general public byinspecting and approving private trade, correspondence, bus-iness and technical schools doing business within this statewhether locatedd within or outside this state, changes ofownership or control of these schools, teaching locationsused by these schools and courses of instruction offered bythese schools : and to regulate the soliciting of students forcorrespondence or classroom courses and courses of instruc-tion offered by these schools .

(3) RULE-MAKING rowEx . The board shall promulgaterules and establish standards necessary to carry out itspurpose . .

(5) EMPLOYES, QUARTERS, The board shall employ a personto perform the duties of an executive secretary and such otherpersons under the classified service as may be necessary tocarry out its purpose. The person performing the duties ofthe executive secretary shall be in charge of'the administrativefunctions of the board. The board shall keep its office withthe board of vocational, technical and adult education ..

(6) APPROVAL AGENCY FOR VETERAN'S TRAINING, (a) Exceptas provided in par . (b) the board shall be the state approvalagency for the education and training of veterans and warorphans .. It shall approve and supervise schools and coursesof'instruction f'or' their training under Title .38, USC, and mayenter into and receive money under contracts with the U' .SSdepartment of veterans affairs or other' appropriate federalagencies . .

(b) The governor may designate the following agencies forapproval and supervision of special phases of the program ofveterans education :

1 ' On the job and apprenticeship training program, thedepartment of industry, labor and human relations.,

2 .. On the farm training program, the board of vocational,technical and adult education ..

3 . Funeral directors apprentices, the funeral directorsexamining board.

(7) APPROVAL OF SCHOOLS GENERALLY . In or-der to protectstudents, prevent fraud and misrepresentation in the sale andadvertising of courses and courses of instruction, and en-courage schools to maintain courses and courses of instxuc-tiori consistent in quality, content and length with generallyaccepted educational standards, the board shall :

(a) Investigate the adequacy of courses and courses ofinstruction offered by schools to residents of this state andestablish minimum standards for such courses of'instcuction .

(b) `I nvestigate the adequacy of schools' facilities, equip-merit, instructional materials and instructional programs andestablish minimum standards therefor .

(c) Establish rules, standards and criteria to prevent fraudand misrepresentation in the sale and advertising of coursesand courses of instruction .

(d) Promulgate rules restricting the negotiability of prom-issory instruments received by schools in payment of tuitionand other charges.

(e) Establish minimum standards for refund of the unusedportion of tuition, fees and other charges if 'a student does notenter `a: course or course of instruction or withdraws or, isdiscontinued- theYefi om .

(f) Require schools offering courses and courses of"instxuc-tion to residents of this state to furnish information concern-ing their facilities, curricula, instructors, enrollment policies,tuition and other : charges and fees, refund policies andpolicies concerning negotiability of promissory instrumentsreceived in payment of tuition and other charges. .

(g) Approve courses of instruction, schools, changes of'ownership or control of schools and teaching locationsmeeting the requirements and standards established by. theboard and complying with rules promulgated by the boardand publish a list of the schools and courses of instructionapproved.

(h) Issue permits to solicitors when all board requirementshave been met.. :

(8) SOLICITING OF STUDENTS, (a) In general No solicitorrepresenting any school offering, any course or course ofinstruction shall sell anyy course or course of instruction or,solicit students therefor in this state for a consideration or


833 89-90 Wis . . Stars . VOCATIONAL, TECHNICAL AND ADULT EDUCATION 38.51

remuneration, except upon the actual business premises ofthe school, unless he first secures a solicitor's permit from theboard . If the solicitor represents more than one school , aseparate permit shall be obtained for each school representedby him;

(b) Solicitor's permit . The application for a solicitor'spermit shall be made on a form furnished by the board andshall be accompanied by a fee set by the board, not to exceed$50, and a surety bond acceptable to the board in the sum of$1 ,000 .. Such bond may be continuous and shall be condi-tioned to provide indemnification to any student sufferingloss as the result of any fraud or misrepresentation used inprocuring his or her enrollment or as a result of the failure ofthe school to faithfully perform the agreement made with thestudent by the solicitor, and may be supplied by the solicitoror by the school itself as a blanket bond covering each of itssolicitors in the amount of $1,000 . . Upon approval of apermit the board shall issue an identification card to thesolicitor giving his or her name and address , the name andaddress of the employing school, and certifying that theperson whose name appears on the card is authorized tosolicit students for the school ., A permit shall be valid fo r oneyear from the date issued . . Liability of the surety on the bondfor each solicitor covered thereby shall not exceed the sum of$1,000 as an aggregate for any and all students for allbreaches of' the conditions of the bond.. The surety of a bondmay cancel the same upon giving 30 days' notice in writing tothe board and thereafter shall be relieved of liability for anybreach of condition occurring after the effective date of thecancellation . An application for renewal shall be accompa-nied by a fee set by the board, not to exceed $50, a surety bondif' a continuous bond has not been furnished, and suchinformation as the board requests of ' the applicant , .

(c) Refusal or revocation of permit. The board may refuse toissue or renew, or may revoke, any solicitor's permit uponone or any combination of' the following grounds :

1 . Wilful violation of this subsection or any rule promul-gated by the board under this section ;

2 .. Furnishing false, misleading or incomplete informationto the board ;

3 .. Presenting information to prospective students relatingto the school , a course or course of instruction which is false,fraudulent or, misleading;

4 . Refusal by the school to be represented to allow reason-able inspection or to supply information after written requesttherefor by the board ;

5 . Failure of the school which the solicitor represents tomeet requirements and standards established by and tocomply with rules promulgated by the board pursuant to sub . .(7 ) ;

6 . Cancellation of the solicitor's bond by surety;7 Subject to ss . 111 . . .321, 111 .322 and 111 . . 335, the appli-

cant has an arrest or conviction record.(d) Notice of refusal to issue or renew permit.. Notice of

refusal to issue or renew a permit or of the revocation of apermit shall be sent by registered mail to the last address of'the applicantt or permit holder shown in the records of theboard . Revocation of ' a permit shall be effective 10 days afterthe notice of' xevocation has been mailed to the permit holder

(e) Request for appearance . . Within 20 days of the receipt ofnotice of the board ' s refusal to issue or renew a permit or ofthe revocation of a permit, the applicant or holder of thepermit ma y request that he be permitted to appear before theboard in person, with or without counsel, to present reasonswhy the permit should be issued or reinstated . Upon receiptof such request the board shall grant a hear ing to the

applicant or holder of the permit within 30 days giving him atleast 10 days' notice of the date, time and place .

(f) Recovery by students . The bond in force under par (b)shall not limit or impair any right of recovery otherwiseavailable under law, nor shall the amount of the bond berelevant in determining the amount of' damages or other relief'to which any plaintiff may be entitled .,

(g) Recovery on contracts . No recovery shall be had by anyschool or its assignee on any contract for or in connectionWith a course or course of instruction if the representativewho sold or solicited the course was not the holder of asolicitor's permit under this subsection at the time of the saleor solicitation ,.

(h) Enforcement. The attorney general or, any districtattorney may bring any appropriate action or proceeding inany court of competent jurisdiction for the enforcement ofthis subsection . .

(i) Penalty . Whoever violates this subsection may be finednot more than $500 or imprisoned not more than 3 months orboth ..

(9) EXCEPTIONS, This section, except the provisions of'sub,.(6), shall not apply to the following :

(a) Schools organized on a nonprofit basis as defined bythe U . S internal revenue code . .

(b) Schools that are supported mainly by taxes ..(c) Schools of a parochial or denominational character

offering courses having a sectarian objective . .(d) Schools primarily offering instruction avocational or

recreational in nature and not leading to a vocationalobjective..

(e) Courses conducted by employers exclusively for theiremployes .

(f) Schools, courses of instruction and training programswhich are approved or licensed and supervised by other stateagencies and boards..

(g) Schools approved by the department of public instruc-tion for the training of teachers . .

(h) Schools accredited by accrediting agencies recognizedby the board ..

( 10) PROPRIETARY SCHOOL APPROVAL . (a) Authority Allproprietary schools shall be examined and approved by theboard before operating in this state .. Approval shall begranted to schools meeting the criteria established by theboard for a period not to exceed one ,year . No school mayadvertise in this state unless approved by the board .. Allapproved schools shall submit quarterly reports, includinginformation on enrollment, number of teachers and theirqualifications, course offerings, number of graduates,number of graduates successfully employed and such otherinformation as the board deems necessary .

(b) Application . Application for initial approval of ' a schoolor a course of instruction, approval of a teaching location ,change of ownership or control of a school, renewal ofapproval of a school or , reinstatement of approval of' a schoolor course of instruction which has been revoked shall be madeon a form furnished by the board and shall be accompaniedby a fee set by the board under par . (c), and such otherinformation as the board deems necessary to evaluate theschool in carrying out the purpose of this section ..

(c) Fees, rule making . The board shall promulgate rules toestablish fees to accompany all applications under par (b) . Inpromulgating rules to establish fees, the board shall :

1 . Require that the amount of fees collected under thisparagraph be sufficient to cover all costs that the board incursin examining and approving proprietary schools under thissubsection . .


38.51 VOCATIONAL, TECHNICAL AND ADULT EDUCATION 89-90 Wis . . Stats . 834

2'. : Give consideration :to establishing a variable fee struc- (f) Other remedies, In addition to any other remediestune based on the size of a propr ietary school provided by law , a student who attends a school which is in

(d) Enforcement .: The 'attorney , general or any district violation of par '. (a) may brings civil action to recover feesattorney may bring any appropriate action or proceeding in paid to the school in violation of par .. (a) together with costs

r; any court of competent jurisdiction for the enforcement of and disbursements, including reasonable attorney fees .this subsection, including but not limited to bringing an History : 1971 c 125 ss. 249, ass ; 1971 c, 21 1 s s 1 ; 1973 a 12, 90; 19 75 c .action to restrain b temporary oor, permanent injunction an 39, - 224, 422 ; 1981 c. 380 ; 1981 c, 391 s . 211 ; 1983 a 27, 189, 485; 7985 a 156 ;

Y Y 1985 a : 332 s . 251 (3), (6); 1987 ;a , 27 ; 1989 a 31, 56, 359violation of par ., (a) .

(e) Penalties. Any , person who violates par.. (a) may berequired to forfeit not more than $50.0.. Eachh day of operationin violation of par , ((a) constitutes a separate offense .


chapter 38docs.legis.wisconsin.gov/document/statutes/1989/38.pdf · 89-90 wis. : stats. 820 chapter...

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