chapter38 · 907 vocational, technical and adult education 38.001 board anddistrict boards; duties....

907

VOCATIONAL, TECHNICAL AND ADULT EDUCATION

38.001 Board and district boards ; duties .(1) The board shall be responsible for theinitiation, development, maintenance andd super-vision of programs with specific occupationalorientations below the baccalaureate level, in-cluding terminal associate degrees, training ofapprentices and adult education below the pro-fessional level .

(2) (a) The district boards shall activelycoordinate, with the department of public in-struction and the school boards, the responsibil-ity for providing vocational training to pupilsattending high school and for providing educa-tion to persons who have dropped out of highschool .

(b) The district boards shall actively coordi-nate, with the institutions and centers within theuniversity of''Wisconsin system, the sharing ofprograms and facilities, including the collegiatetransfer"progcam, adult education and eveningcourses and part-time student and associatedegree programs, in order to reduce the duplica-tion of such programs and facilities ..History: 1971 c. . 100, 1 25, 211 ; 1 98 1 c . . 269, .391 . .

38.01 Definitions. In this chapter :(1) "Board" means the board of vocational,

technical and adult education.(2) "District" means a vocational, technical

andd adulteducation district established underthis chapter.

(3) "District board" means the districtboard in charge of the vocational, technical andadult education schools of a district,

(4) "School district" means a school districtoperating high school grades .

(5) "School board" means the school boardin charge of the public schools of a schooldistrict.:

(6) "School year" means the time commenc-ing with July l and ending with the next suc-ceeding June .30,

38.04 Board of vocational , technical andadult education; powers and duties. (1)

VOCATIONAL, TECHNICAL AND ADULT EDUCATION 38 .04

CHAPTER 38

38,001 Board and district boards ; duties,38,01 D efi nitions . .38 .02 Establishment.38 .04 Board of vocational , technical and adult education;

powers and duties,38 .06 District boundaries .3 8, 08 Composition and organization of d istrict board .38,10 Appointm ent of district board members.38 .. 1 2 D ist rict board duties..38,14 D ist rict board powers .

38 15 Financing of capital expenditures .38 .16 District tax levy .38.18 Contracts and bidding . .38.20 Adjustment of assets and liabilities . .38 122 Admission requirements .38.. 24 Fees and tuition . .38.28 State aid:.38 . 29 District budget limitations .38.30 Special aid for veterans3851 Educational approval board .

(7) "Associate degree program" means a 2-year, post-high school program in an area desig-nated and approved by the board for which thecourse requirements are established by theboard,

(8) "Collegiate . transfer- program" means astate-wide, full-time program, designated andapproved by the board, in which the creditsearned may be transferable to a 4-year' institu-tion of higher education .

(9) "Vocational diploma program" means aone- or 2-year, full-time program in an areadesignated and approved by the board for whichthe course requirements are established by theboard .

(10) "Vocational-adult program" means apart-time vocationally oriented program estab-lished by a district board which is approved bythe state director under procedures establishedby the board .

( 11) "Community service program" meansan avocational or self-enrichment course thatdoes not lead to a paying occupation or presenttessential skills needed in nonpaying occupationsand that is established by a district board andapproved by the state director under proceduresestablished by the board .

Histo ry: 1971 c . 154, 211 ; 1975 c. . 39 ; 1979 c . 34,

38 .02 Establishment. There is establishedunder this chapter a system of vocational, tech-nical and adult education to foster and maintaininstruction in courses approved by the board inpart-time and full-time day or evening classes .Every person at least the age specified in s .118.15 (1 ) (b) who can profit thereby is eligibleto receive instruction under this chapter andrules established by the board,

History : 1971 c .. 154. .

Electronically scanned images of the published statutes.

38 .04 VOCATIONAL , TECHNICAL AND ADULT EDUCATION 908

training program shall be available to membersof volunteer and paid fire departments main-tained by publ ic and private agencies, includingindustrial plants ., The council on fire servicetraining programs shall advise the board on theestablishment and maintenance of the program .

(10) ADDITIONAL FACILITIES .. The boardshall review and approve any proposals by dis-trict boards for land acquisition, additional ornew facilities, rentals and remodeling of existingfacilities, prior to the letting of contracts toconstruct, remodel,, rent or incur debt f 'or suchfacilities or, acquisition of land . The board shallencourage district boards to finance capitalbuilding proposals with long term benefitsthrough bonding or promissory note obligations .

(11) DISTRICT REPORTING AND AUDIT RE-

QuixEMErrs . (a) Uniform format and reporthigsystems.. Thee board shall establish uniform re-porting methods for fiscal, enrollment, programand other information which - shall be providedby the district boards as the board deems neces-saiyand shall require common use of ' xhe fiscallyear for operations and data reporting . Theboard shall establish, by rule, uniform formatsand reporting standards for district board con-tracts under s. 38 .14 (3) and for budgets ap-proved . by district boards under s . 38,12 (Sm) ..The board shall adopt rules governing the fi-nancing of capital expenditures under s. 38 .15and the management of " reserve funds . .

(b) Annual audit,, The board shall adoptrules governing the annual district audit under s ..38.12 (5) . The rules shall provide for a stan-dard audit contract and shall specify the mini-mum disclosures to be made by the firm con-ducting the audit and the persons authorized tohave access to and obtain the working papers ofthe firm conducting the audit , . The board mayconduct or contract for an audit of any district ,.

(c) Withholding of state aid . The board shallwithhold or, suspend payment of state aid to anydistrict board which fails to comply with budget,audit, contracting and reporting standards es-tablished by thee board under this subsection . .

(12) PRISON INMATE EDUCATIONAL PRO-

GRAM,. The board may establish vocational edu• .rational programs for inmates within the statecorrectional system and contract with the de-partment of health and social services for reim-bursement of that portion of the district pro-gram - costs which exceeds amounts received asstate and federal aid . .

(13) DISPLACED HOMEMAKERS' PROGRAM . .

(a) l .. The board shall accept and process appli-cations from district boards and local commu-n i ty organizations to provide services, whichmay include but are not limited to personalcounseling and outreach, to or on behalf of

GENERAL . .. The board shall determine the or-ganization, plans, scope and development ofvocational, technical and adult education .. For -state aid, credit determination and other pur-poses, the board shall establish criteria for theestablishment of district schools and shall clas-sify and name the districtschools .

(2) DIRECTOR . . The board shall appoint adir' ector' , outside the classified service, to serve atits pleasure .

(3) STAFF . The board shall appoint such staff 'as is necessary under the classified service . Twodivision administrator positions shall be filledoutside the classified service.

(4) TEACHER AND COURSE REQUIREMENTS .

(a) The qualifications of educational personneland the courses of study for each programoffered in district schools shall be approved bythe board The board may charge the districtsfor the fulll costs associated with certification ofeducationall personnel . Such qerxification ex-penses;shall not be included in the district aid-able cost .(am:) The board shall not consider any course

ofstudy for- approval under' par . (a) that has notfirst been approved by thee district board,

(b) The board may authorize district boardsto grant associate degrees to those students whosuccessfully complete associate degreeprograms .

(c) Except as authorizedd in par . (d), col-legiate transfer programs shall not comprisemore than 25% of thee approved credit hoursoffered in any vocational, technical and adulteducation district

(d) The Nicolet district as composed andexisting on ,January 1, 1977, is exempt from thelimitation under par ., (c) until July 1, 1980, butshall restrict the ratio of approved collegiatetransfer course credits to the districts totalapproved course credits to 32% for, 1977-78,30% for 1978-79, and 28% in 1979-80 . Forstate aid purposes, costs associated with col-legiate transfer course credits exceeding thelimitations under this subsection do not consti-tute adistrict aidable cost as defined in s . 38,28( im) (a ) .

(5) COOPERATE WITH FEDERAL GOVERN-

MErrr .. The board shall cooperate with the fed-eral government in carrying out any federal actpertainingg to vocational, technical and adulteducation .

(6) GIFTS AND G xArrrs. . The board may ac-cept gifts, grants, bequests and devises to beused in the execution of its functions .,

(9) TRAINING PROGRAM FOR FIRE FIGHTERS,

In order to promote safety to life and property,the board mayy establish and supervise a trainingprogram in ire prevention and protection,, The


909 VOCATIONAL, TECHNICAL AND ADULT EDUCATION 38 .06

displaced homemakers , The board shall makegrants for these purposes from the appropriationunder s. 20,292 (1) (b) . Grants under thissubsection shall be distributed on a statewidebasis and shall supplement rather than replacefunds received under any other law to provideservices to displaced homemakers .. To the extentpossible while maintaining statewide distribu-tion, except as provided in subd . 2, in awardinggrants preference shall be given to districtboards . If' a particular district board does notapply for a grant under this subsection, theboard may award a grant to a local communityorganization located in that district which sub-mits an application .. No grant may equal morethan 90% of approved expenditures . Any costto the board of administering this subsectionshall be paid from the appropriation under s ..20.292 (1) (a) .

2. If the board receives an application f 'r'om alocal community organization offering a dis-placed homemakers' program in the 1981-8 .3biennium and from a district board, the boardmay not give preference to the district board'sapplication,

(b) No person may, on the ground of ' sex, age,race, color; religion or national origin, be ex-cluded ' from participating in, be denied thebenefits of, or be subjected to discriminationunder any program or activity funded in wholeor in part with funds made available under thissubsection..

(c) In this subsection, "displaced home-maker" means an individual who:

P . Has `worked in the home f 'or, a substantialnumber of years providing unpaid householdservices for family members;

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

ing employment; and4 . . Has been dependent on the income of

another family member butt is no longer sup-ported by such income, has been dependent onpublic assistance but is no longer eligible forsuch assistance, or is supported as the parent ofminor children by public assistance or spousalsupport but whose children are within 2 years ofreaching their majority.

(14) GENERAL DISTRICT POLICIES.. : (a) Theboard shall adopt rules, applicable to all districtboards, establishing general district policies andprocedures on all of the following :

1 . Employe and district boardmember traveland expenses „ The policies and proceduresestablished under this subdivisionn shall be simi-lar to the provisions of ss . 16 535 and 20.916,insofarr as applicable :

2. Procurement : :3, Personnel, including the district director . .4. Contracts to provide services,,

(b) The board may direct the district boardsto establish written policies relating to any mat-ter, not enumerated under pa t .. (a) .

(15) REVIEW OF DISTRICT BOARD APPOINT-

MENTS, The board shall , by rule, establish crite-ria and procedures for the review of districtboard member appointments by the board ..

History: 1971 c. 154, 211 ;1973 c. 90, 333 ; 19 ' 75 c . 39 ;197 7 c. 29; . 1979 c. 221 ; 1981 c .. 20; . 1981 . c.. 93 ss . 19m, .30m,300 ; 1981 c . 269, 314..

Sub . (4) (a) does not empower, teachers author ized toteach vocational students to teach high school students , 68Atty .. Gen .. 248.

See note to 66 433, citing '70 Atty.. Gen . 226 . .See note to 19 . 21, citing OAG 4-82.

38.06 District boundaries . (1) Each dis-trict shall include one or more counties,, munici-palities or school districts in any contiguouscombination ..

(2) In this section, "reorganization" meansany alteration, dissolution, creation or merger ofany district . -

(3) (a) Upon its own motion or upon ap-proval of a petition filed under sub . . (4), theboard may issue a district reorganization order .Prior to issuing an, order under this subsection,the boardshall conduct such studies, investiga-tions and hearings as it deems necessary .

(b) Any reorganization order issued by theboard shall take effect on the July 1 nextt suc-ceeding the date of such order except that noorder for reorganization of any district shallbecome effective before July 1, 1976..

(c) Three months prior to the effective dateof any reorganization order, the board shallreport to the joint committee on finance thefiscall and educational impact of the reorganiza-tion order' upon : the affected districts..

(4) (a) The governing body of a county,municipality or school district may file a petitionwith the board requesting that its te rritory bedetached from the district in which it lies andattached to a district to which such territory iscontiguous, or if portions of its te r ritory lie inmore than one district, by requesting that allsuch portions .s be placed within one of suchdistricts .

(b) Immediately upon receipt of the petition,thee board shall notify each district board af-fected of the receipt - of the petition and theboundary reorganization requested therein .Such district boards shall within 45 days notifythe board of thei r recommendations on thepetition,

(c) Within 90 days of' the receipt of thepetition, the board shall notify the governingbody filing the petition and the district boardsaffected of its approval or disapproval of theproposed detachment and attachment ofterritory,,



38 . 10 Appointment of district boardmembers . (1) District board members shall beappointed by an appointment committee consti-tuted as follows :

(a) If the petition for creation of a districtwass filed by the governing bodies of schooldistricts or municipalities, the school board pres-idents of school districts having territory withinthe district shall constitute the appointmentcommittee.

(b) If the petition for creation of a districtwas filed by the governing bodies of counties orany combination of school districts, counties andmunicipalities, the county board chairmen ofcounties having territory within the district shallconstitute the appointment committee . .

(c) If the board created a district, the headsof the governing bodies designated by thee boardshalll constitute the appointment committee .The designation shall be made in accordancewith par. (a) or (b) depending upon whichgovernmental units comprise the district .

(1m) An appointment committee membermay designate another officer of his or hergovernmental unit to represent the member atappointment committee meetings .,

(2) (a) 1 . On or before the first Monday inMarch, or within 30 days of the date on which avacancy on the district board resulting from anuncompleted term occurs, the district boardsecretary shall notify each member of the ap-pointment committee, each governing body hav-ing amember' on the appointment committeeand the board of the vacancy or of terms of officewhich will expire during the ,year' .

2, The chairperson of the appointment com-mittee shall fix a date, to be no later than 60 daysafter receipt of notification of the vacancy orterm expiration, and a time and place for apublic hearing and meeting of the appointmentcommittee: to approve a representation plan andto appoint district board members, and shallsend written notice of the public hearing andmeeting to each district board member, eachgoverning body having a member on the ap-pointment committee, each member' of the ap-pointment committee and the board,

(b) The appointment committee memberfrom. the appropriatee governmental unit speci-fied under sub. . (1)' (a), (b) or (c) having thelargest population in the district shall act aschairperson of the appointment committee„

(c) At the meeting and prior to the appoint-ment' of district board members, the appoint-ment committee shall formulate a plan of repre-

38.08 Compositionn and organization ofdistrict board . ( 1) (a) 1 ., A district boardshall administer the district and shall be com-posed of 9 members who are residents of thedistrict, including 3 employers who have powerto employ and discharge, 3 employes who do nothave power to employ or discharge, 2 additionalmembers and a school district administrator, asdefined under s . 115 . .01 (11 ) .2. The employer and employe members of the

district board shall be representative of thevarious businesses and industries in the district .The school district administrator shall be em-ployed by the school board of a school districtlocated in the district .. At least 2 of the membersof the district board shall be elected officials of acounty board of supervisors, common council,village board of trustees, town board of supervi-sors or- school board, but no 2 members of thedistrict board may be officialss of the samegovernmental unit nor' may any district boardmember' be a member of the school board thatemploys the school district administratormember .

(b) District board members shall take officeon July 1 and shall serve staggered 3-year terms . .

(2) Members of a district board shall serveuntil their successors are appointed and quali-fied. A vacancy shall be filled for any unexpiredterm of more than 90 days in the mannerprovided for the making of original appoint-ments in s, .38 .10 ." (3) The district board shall hold its annualorganizational meeting on the 2nd . Monday inJuly at which it shall elect from among itsmembers a chairperson, vice chairperson, secre-taryand treasurer.' If a vacancy occurs in any ofthe district board officer positions after theannual organizational meeting, the districtboard may elect an officer to fill the vacancy atany subsequent district board meeting .. Noperson may serve as chairperson for more than 2successive annual terms .

(4) District board members shall receivetheir actual and necessary expenses incurred inthe performance of their duties .

(5) Where a function is assigned to the clerkof a governmental unit and a district is one ofsuch governmental' units, the function shall beperformed by the district board secretary,

History: 1971 c:; 154;;1977 c .. 29 ; 1981 c. 269:Office of commissioner, on policy board of consortium of

counti es under federal comprehensive employment and train-ing a ct and office of president of district V'TAE board which

(5) If school district boundaries are changedin accordance with chs . 115 to 121, the boardmay act to change district boundaries to coin -cide with school distr ict boundaries withoutholdingg a public hearing .

History: 1971 c 154; 1973 c . .3.3 .3 ..

would be applicant and competitor for' funds allocated are in-compatible; however, counties under present statutes do nothave power t o form consortium -for, purposes of fe de ral actwhere Governor has not designated them as participatingunits of government und er 16 54 (6) . 63 Atty. . Gen . . 4 53 ..


VOCATIONAL, TECHNICAL AND ADULT EDUCATION 38.12911

sentation for the membership of the districtboard . . The plann shall give equal considerationto the general population dist r ibution within thedistrict and the distribution of women and mi-norities within the district.. The plan shall formthe basis upon which membership of' the districtboard is determined .. The board shall requirethat district board appointments comply withthe provisions of the plan .

(d) 1 . Upon receiving notice of the vacancyor term expiration under par. (a) 1 and at least14 days before publication of' the notice requiredunder subd . .3, the appointment committee shallpublish a notice announcing the intent to ap-point district board members, including the cri-teria for selection, and soliciting the submissionof ` names and qualifications of candidates . .

2 . In order to be eligible for consideration forappointment to the district board, a candidateshall submit his or' her namee and , qualificationsto the appointment committee within 14 days ofthe date of publication of' the notice under subd .1

3 . Notwithstanding s . . 19 ..84 (3), the appoint-ment committee shall publish a notice of anymeeting or public heating at which the appoint-ment committeewill consider the filling of anyvacancy on the district board or any other mat-ter pertaining to the appointment of districtboard members at least 14 days: before themeeting or public hearing . The subject matterof the meeting or public hearing as specified inthe notice shall contain the names of individualsbeing considered for `appointment .' Prio r to themeeting at which an appointment is made, theappointment committee shall hold a public heai-ing at which the names , and qualifications ofindividuals being considered f'or, appointment tothe district board shall be discussed .. No personmay be appointed to a district board by anappointment committee unless his or her, nameappeared in at least one notice of a publichearing or meeting of the committee .

4.. All notices under this paragraph are class 1notices under` ch 985, except that they shall be8-point type or larger- . .

(e) Within 5 days of the appointment ofdistrict board members, the chairperson of theappointment committee shall send written no-tice of the appointments and lengths of ' terms tothe board, to the members appointed to thedistrict board and to the district board secretary.,

(f) Selection of district board members andapproval of a representation plan .n by the ap-pointment comm i ttee shall be by majorityvoteof a ;quorum under par . (g), If ' the appointmentcommittee cannot reach agreement on the rep-resentation plananddistrict board membershipwithin 30 days after their- first meet ing, theboard shall formulate the plan of ' representation

38 . 12 District board duties . (1) CONTROLOF DISTRICT SCHOOLS,, Except as otherwise pro-vided by statute,' the district board shall haveexclusive control of the district schools estab-lished by it and of property acquired for the useof'such schools .

(2) DISTRICT FUNDS AND TREASURER, Thedistrict board shall deposit all moneys receivedby it with the district board treasurer who shallbe accountable for such funds . . All expendituresexceeding $2,500 shall be approved by the dis-trictboard. D isbursement of such funds shall bemade in accordance with s . . 66,042 (6) .

(3) DISTRICT DIRECTOR AND OTHER EM-rtoYES. (a) The district board shall employ andfix the compensation of:

1 .. A district director who shall have generalsupervision and management of the develop-ment and work of the district schools .

2. Such supervisors, coordinators, teachersand technical advisors and experts as arenecessary . .

3. Such clerical assistants, custodians andother employes as are necessary .

(b) Employes underpar : (a)` 1' and 2 shallmeet the requirements established by the boardand, where ap plicable, the qualifications deter-mined under s 38.04 (4) '(a) . .

(c) The district board shall retiree the district'director, and each teacher in a district school atthe end of the school ,year in which such personattains the age of 70 years .

(d) Employment of the district directorunder par' . . (a) 1 shall be by written contractwhich shall be filed with the district boardsecreta ry . The contract shall set forth all of theterms and conditions of employment .

(4 ) PUBLICATION OF PROCEEDINGS.. The pro-ceedings of the district board meetings shall be

and appoint the. district board members in ac-cordance with the plan ..

(g) County board chairmen from countieshaving a combined population exceeding 50%of the population of the district ' constitute aquorum to do businesss for appointment commit-tees composed of county board chairmen undersub . . (1) ( b) . School board presidents fromschool districts having a combined populationexceeding 50% of the population of the districtconstitute a quorum to do business for appoint-ment committees .s composed of school boardpresidents under sub . (1) (a) .. In no case mayfewer , than 2 people constitute a quorum .

History : 1971 c. 154 ; 1977 c 29 ; 1981 c . 269 .This section is constitutional , West Milwaukee v .. Area Bd.

Vocational, T &A . . Ed . 51 W (2d) 356, 187 NW (2d) 387 . .County board chairman acts for county on special group

which appoints members of district board of vocational, tech-nical and adultt education, even where there is a county ad-ministrator or executive 60 Atty. . Gen . . 257 ..


38.12 VOCATIONAL, TECHNICAL AND ADULT EDUCATION 912

published within 45 days after the meeting as aclass I notice,, under ' ch: 985, in a newspaperpublished in the district If no newspaper ispublished in thedistrict, the proceedings may bepublicized as the district board directs.. Thepublication of the proceedings shall include astatement of each receipt and expenditure ex-ceeding $100 except salaries, which may belistedd in the aggregate ..

(5) ANNUAL, AUDIT, The district board shallannually authorize an audit of the district inaccordance with rules establishedd by the boardunder s . .38 .,04 (11) ( b) . The district boardshall submit the audit report to the board nolater, than 6 months following the end of eachfiscal ,year..

(5m) ANNUAL BUDGET, The district boardshall prepare its annual budget in compliancewith x . .38 .. 29 and with rules established by theboard under ' s 38.04 (11) (a) . The districtboard shall submit an approved copy of itsbudget to the board by July 1 of each year, andshall report any subsequent budget modificationto the board within 30 days of approval of themodification by the district board .

(6) TRANSPORTATION PLANNING . . The dis-trict board shall work with the regional planningcommissions and the local authorities of thecommunity in which the district school is locatedto evaluate the transportation needs of the dis-trict school population.. The district board shalldevelop a transportation plan for, the districtschool to effect energy resource conservationand ef fi cient use of transportation resources .The plan shall include pedestrian walkways,bikeways, bike routes, bicycle storage racks, carand van pools, and to the extent feasible, im-proved mass transit services . The transportationplans shall detail parking management strate-gies and parking fee policies which provideincentives forr the use of mass transit and highoccupancy vehicles .. The plans shall be imple-mented by January 1, 1982.

(7) DISTRICT POLICIES, The district boardsshall establish specific written policies on dis-trict matters, including all of the matters enu-merated under s.. 38.04 (14), which are consist-ent with the rules adopted under s. 38,04 (14)The policies may not conflict with any. collectivebargaining agreement and are subject to reviewand approval by the board .. . .

(8) ANNUAL REPORT . Annually by .July 1,the districtt board shall report to the schoolboards of every .: school district located in wholeor in part within the boundaries of the district onthe steps the distr ict board has taken in theprevious year to satisfy its responsibility under s ..38 . 001 . (2) . (a) :

History.' 1971 c. 154;1975 a 198 s . 65 ;19'77 c. . 29 ;19'79c. .221 ; 1981 c.. 20, 269; 1981 c„' 391 ' x„ 210. .

38.14 District board powers. (1) LEGALPROCEEDINGS . The district board may sue andbe sued in the name of the district and mayprosecute or, defend all suits brought by or,against the district .

(2) BUILDINGS AND EQUIPMENT . (a) For theuse of the district schools, the district boardmay:

1 .. Purchase or, lease materials, supplies andequipment..2„ Purchase or lease suitable land and build-

ings and rent to others any portion of such landand buildings not needed for school purposes .,

3 ,. Construct, enlarge and improve buildings „Existing school buildings and equipment shallbe used as far as practicable .

(b) I f there is a county teachers college in thedistrict which is no longer in operation, thedistrict board shall utilize the existing buildingsand equipment of the college to the extentpossible „

(bm) With the approval of the directo r unders ., 38 . 04 (2), the district board may sell anyproperty which it finds to be no longer needed bythe district,,

(c) All conveyances, leases and contractsunder this subsection shall be in the name of thedistrict . :

(3) CONTRACTS FOR SERVICES ... (a) The dis-trict board may enter into contracts to provideservices to public educational institutions andlocal governmental bodies ..

(b) The district board may enter , into con-tracts to provide services to private educationalinstitutions, industries and businesses .

(bm) The district board may enter into con-tr'acts to provide fiscal and management servicesto state and local governmental units . .

(c) No district board may contract with aforeign government or any business which is notoperating in this state .

(d) The district board shall ,establish and filewith the board policies governing contractingunder this subsection , . The district board shallsubmit to the board copies of all contractsentered into under this subsection within 30days of their approval by the district board . .

(4) GIFTS AND GRANTS . The district boardmay accept gifts, grants and bequests to be usedin the execution of its functions and may acceptgrants to provide fiscal and management ser-vices for the council on criminal justice or itssubsidiaries or, if applicable, its successoragency. ..

(5 ) ADVISORY COMMITTEES, The districtboard may establish adv isory committees repre-senting everyy occupation in the district. Eachadvisory committee shall consist of equal num-bers of employers and employes selected by the


913 VOCATIONAL, TECHNICAL AND. ADULT EDUCATION 38.16

district board from recommendations submittedby representative organizations and associationsof each occupation.. The district board and thedistrict director may request the advicee andassistance of these advisory committees in se-lecting, purchasing and installing equipment, inpreparing course materials, in developing in-structional methods and vocational guidanceprograms and for such other purposes as thedistrict board desires :

(6) TRANSPORTATION, The district boardmay provide transportation for students withinthe district, but no state aid may be paid for thisservice.

(7) SALE OF ARTICLES, The district boardmay sell at market value articles manufacturedin district schools . The proceeds from such salesshall be paid to the district treasurer

(9) ACTIVITY AND INCIDENTAL FEES '. . Thedistrict board may establish student activity andincidental fees to fund, in whole or, in part, thecost of services and activities offered as supportservices for regular instruction .

(1 0 ) BONDS FOR OFFICERS AND EMPLOYES .The district board may require an officer oremploye of- the district board to give security forthe faithful pe r formance of his or her duties insuch form and amount as the district boarddetermines, and may require at any time addi-tional bonds and sureties of any officer oremploye r

(11) DISPLACED HOMEMAKERS' PROGRAM..

The district board may apply for and spendgrant funds from the board fo r displaced home-makers' programs. The districtt board mayspend those grant funds for contracts with localcommunity organizations .

History: 1971 c. 154, 215; 1977 c . 29; 1979 c.. 221 ; 1981 c ..2Q93,269,

The Milwaukee technical college may acquire and operatea retail service station as a part of a vocational training pro-gram . 58 Atty Gen. 23

See note to art.. VIII, sec. 10, citing 60 Atty . . Gen . . 231 .Sub . (3) permits district vocational, technical and adult

education boards to contract only with public educational in-stitutions for instructional services . 61 Atty . Gen . . 345 ..

VTAE districts and the state boardd of vocational, techni-cal and adult education do not have the power of eminenrdo-main and, therefore, are not subject to,32„ 19 to 32„ 27, the re-location act., 63 Atty . . Gen . . 367 .

VTAE board may subsidize public bus line to providetransportation under, (6) .. 65 Atty. : Gen. . 305 .

See note to 3$,04,. citing 68 Atty . Gen. 248,

3 .15 Financing of capital expenditures .(1) Subject to sub . . (3), if the district boardintends to make a capital expenditure in excessof $500,000 for the acquisition of sites, purchaseor construction of " build ings, the lease/purchaseof buildings if costs exceed $500,000 for thelifetime of the lease, building additions or en-largements or the purchase of fixed equipmentrelating to any such activity, it shall adopt ., aresolution stating itss intention to do so and

38 .16 District tax levy. (1) Annually byOctober. 31, or within 10 days after receipt of'theequalized valuations from the department ofrevenue, whichever is later, the district boardmay levy a tax, not exceeding 1 .5 mills on thefull value of the taxable property of the district,for the purpose of making capital improvements,acquiring equipment and oper'ating' and main-taining the schools of the district, except that themill limitation is not applicable to taxes leviedfor the purpose of paying principal and intereston valid bonds or notes now or hereafter out-standing as provided in s. 67 .035 .. The districtboard secretary shall file with the clerk of eachcity, village and town, any part of' which islocated in the district, a certified statementshowing the amount of the levy and the propor-tionate amount of the tax to be spread upon thetax rolls for collection in each city, village andtown. Such proportion shall be ascertained onthe basis of the ratio of full value of the taxableproperty of that part of the city, village or townlocated in the district to the full value of alltaxable property in the district, as certified tothe district board secretary by the department ofrevenue. Upon receipt of the certified statementfrom the district board secretary, the clerk ofeach city, village and town shall spread theamounts thereof upon the tax rolls for collection .Whenn the taxess are collected, such amountsshall be paid by the treasurer- of each city, villageand town to the district board treasurer-,

(2) The district board may borrow moneyand levy taxes to be used for the purchase orconstruction of buildings and for, additions, en-

identifying the anticipated source of ' revenue foreach project and shall submit the resolution tothe electors of the district for, approval. Thereferendum shall be noticed, called and con-ducted under s.67 . . 05 (6m) (b) to (e) insofar asapplicable , For the purposes of this section, allprojects located on a single campus site withinone district which are bid concurrently or whichare approved by the board under s. 3 (10)within a 2-year period shall be considered as onecapital expenditure project . .

(2) No more than $500,000 in reserve funds,consisting of property tax revenues and invest-ment earnings on those revenues, may ~ e uti-lized by the district board to finance capitalexpenditures in excess of $500,000 for the pur-poses under sub „ (1) . .

(3) This section applies to building programactions approved by the board after January 31,1980 .. This section does not apply to capitalexpenditures in excess of $500,000 which arefully funded by gifts, grants or federal funds or,to building remodeling or improvement projects ..

History ; 1979 c. 221 .


3 8 .16 VOCATIONAL, TECHNICAL AND ADULT EDUCATION 914

including assumption of outstandingobligations .

(d) The city or village shall deposit theproceeds of the sale of vocational and adulteducation school property in the sinking fund, if'any, created for payment of existing vocationaland adult education school obligations ., Theindebtedness of such city or village shall, f 'or,purposes of computing its legal debt limit, bedeemed reduced by the amount of such deposit . .The city or, village may invest these sinking fundmoneys under, s 66 . 04 (2) or 67 . li (2) and (3) ..Bonds and notes issued by districts for purposesof this subsection shall not be subject to Tefeien -dum . The purchase agreement shall include anirrevocable clause providing thatt the districtshall pay annually to the city or ' village a sum ofmoney equal to the amount in which the interestreceived by the city or, village upon investmentsauthorized hereunder is less than the amount ofinterest paid by the city or villagee on the bondsof thee city or village for vocational and adulteducation school purposes .

(e) The district purchasing property underthis subsection may, with approval of the citycouncil or village board involved, pay thepurchase price by issuing andd delivering directlyto the city or village the general obligationpromissory notes or the notes of the districtunder s . . 67 . 12 (12), except that no referendummay be held and the 10-- year, limitation on suchnotes shall be inapplicable to such notes issuedunder this paragraph.. Such notes shall matureand be payable at such times, in such amountsand at such rate of inte r est as will amortize andpay when due the principal and interest on theoutstanding obligations of the city or village forvocational and adult education school purposes .All such notes, upon execution and delivery tothe city or village, shall in all respects be heldand considered as an authorized investmentunder, s . 66 :. 04- (2) or 67 . 11 (2) and (3) of' thesinking fund created for payment of the city ozvillage . obligations issued for vocational andadult education school purposes and shall beoffset against city or village indebtedness incomputing legal debt limit to the same extent asother authorized investments of the sinking fundandd such notes may be sold and hypothecated ., Ifthe offset against c ity orvillage indebtednessunder this paragraph is determined to be invalidin any respect, such city or village immediatelymay require the district issuing the promissorynotes to such city of village to comply with pans ,(c) and (d) to the extent necessary to cure suchinvalidity „

History: 1971 : a , 154 .

38.22 Admission requirements. (1) Everyperson who is at least the age specified in s..

38.20 ' Adjustment of assets and liabili-ties. (1) Except as provided in sub (2), uponthe creation of a districtt the property, assets,claims, contracts, obligations, rights, duties andliabilities relating and pertaining to the existingvocational and adult education schools in theterritory included in the district shall becomethe property, assets, claims, contracts, obliga-tions; rights, duties and liabilities of the district ..

(2) (a) Upon thee creation of 'a district theproperty, assets, claims, contracts, obligations,rights, duties and liabilities relating and pertain-ing to the existing vocational and adult educa-tion school operated in a city or village located inthe territory included in the district shall remainthe property, assets,, claims, contracts, obliga-tions, rights, duties and liabilities of'such city or,village, unless the governing: body of such city orvillage transfers the whole or, any portion thereof'to the district under an agreement between suchcity or village and thee district as to the use,obligation and ownership thereof', .

(b)` The purchase price of such property,except as otherwise agreed upon under par . (a),shall be the fair- .market value as determined byan independent appraiser selected jointly by thegoverning body of the city or village and thedistrict board, less any outstanding obligationsagainst the property which shall be assumed bythe district .

(c) In financing the purchase of propertytransferred to the district under this subsection,the district may issue its bonds or promissorynotes under ch„ 67 to pay the cost thereof

largements and improvements to buildings andfor the acquisition of sites and equipment . Infinancing activities under this subsection, thedistrict may issue its bonds or promissory notesunder ch .. 67 to pay the cost thereof ':

History : 1971 c 154,211 ; 19 73 c . 61, 90; 1975 c .. .39; 19'7 ' 7c .. 29 ss . 493, 1647 (13) ; 19'1 ' 7 c. . 300 ss, 1, 8; 1977 c. 418 s . .918m; 1979 c . 34 ; 1981 c. 20.

This section is constitutional . West Milwaukee v. . Area BdVocational, T .. & A . Ed . 51 W (2d) 356,187 NW (2d) 387..

38.18 Contracts and bidding . All contractsmade by a district board for, public constructionin a district, the estimated cost of which exceeds$5,000, shall belet by the district board to thelowest responsible bidder in accordance with s .62 , 15 (1) to (11) and (14) For purposes ofthis section, the district board shall possess thepowers conferred by s.. 62 . 15 on the board ofpublic works and the common council . Allcontracts made under' this section shall be madein the name of the district and shall be executedby the district board chairperson and districtboard secretary .,

History : 1971 c. . 154; 1975 c. . 244 ; 1981 c.. 269 . .



(a) Liberal arts collegiate transfer programs .Uniform fees based on 25% of the statewideaverage operational costs of liberal arts col-legiate transfer programs in district schools .

(b) Post-secondar,yand vocational-adultpro-grams. Unifo rm fees based on not less than10.5% of" the combined estimated statewideoperational cost of post-secondary, exclusive ofcollegiate transfer, andd vocational-adult pro-grams . The board shall maintain statewideuniformity in the program fees charged for post-secondary and vocational-adult credits . Stu-dents 62 years old andd over shall be exemptedfromm program fees under this paragraph invocational-adult programs. Students enrolled inadult high school, adult basic education andEnglish as a 2ndd language courses shall beexempted from program fees under thisparagraph ..,

(c) Materials fees. Establish uniform feesagainst all students, including tuition exemptedstudents underr par . (b), to cover the cost ofconsumable materials in addition to programfees.

(d) Programs for, inmates . Fees, for voca-tional programs offered to inmates by the divi-sion of corrections in cooperat ion with a districtboard, not more than. 9 . 5% of the actual opera-tional costs of the program in which the inmateis enrolled that are incurred by the vocationaldistrict ..

(2) REFUNDS, The board shall establish feeand tuition refund policies .

(3) NONRESIDENT' FEES AND LIABILITIES. (a)

The board shall establish the following nonresi-dent - fees annually, which shall be in addition tofees charged under sub . . (1) and shall be theliability of the student except as provided underpar-, (b) .

1 ,. For, postsecondary and vocational-adultstudents who are Wisconsin residents, other ,than students in approved apprenticeship pro-grams, a fee based on .37.5% of the statewideproperty tax funded cost per full-time equivalentstudent for operating these programs.

2 . For all students who are not residents ofWisconsin, nor' subject to reciprocal agreementswith the board, a fee based on 100% of thestatewide property tax funded cost per full-timeequivalent student for operating the programs inwhich they are enrolled.

(b) The district board of a student's districtof residence is liable for the nonresident feeunder par. (a) I only if the program in which thestudent enrolled is not offered by the district ofresidence and the district board of attendancefiles notice of enrollment under ' s ., 38.22 (2) . Inthe case of any disagreement between districtboards as to liability under this paragraph, thestate board shall make the final determination .

38.24 Fees and tuition . (1) PROGRAM FEES . .The district boards shall charge students the feesestablished by the state board under this subsec-tion . Annually, the board shall establish .

118.15 (1) (b) is eligible to attend the schoolsof a district if the person is :

(a) A resident of the district . .(b) A nonresident of the district who is

employed in the district ,(c) A nonresident of' the district who desires

to take specific courses which are offered in theschools of such district but not offered in theschools of the district in which he or she resides,consistent with nonresident en r ollment proce-dures established under sub. (5) . .

(d) A nonresident of this state, and if thedistrict board of attendance approves theenrollment „

(2) Within 30 days of the enrollment of astudent in a school of another district, the dis-trict board of attendance shall send writtennotice of such enrollmentt to the district board ofthe district in which the student resides .

(3) Nonresident students shall be subject tothe same rules and regulations as residentstudents . .'

"(4) The board' shall establish procedures todetermine the residence of students attendingdistrict schools . In the case of any disagreementas to the r esidence of any student, the boardshall make the final determination.

(5) The board shall adopt rules for admissionof nonresident students, who are Wisconsin res-idents, in postsecondary and vocational-adultprograms which are not offered statewide, butmay not require that any district reserve placesin any program for ' such nonresident students inexcess of the percentage of nonfederal operatingcosts of postsecondary and vocational-adult pro-grams funded under s, 20,292 (1) (d);

(a) The board shalladopt rules for the admis-sion of residents of this state who wish to trans-fer from their, district of' residence to attendanother district in order to enrolll in a post-secondary or vocational-adult program which isnot offered in their district of residence .

` (b) Rules under this subsection shall estab-lish a method of providingg placement f 'or' stu-dents under par . . (a) .: However, no district maybe required to reserve placement for studentsspecified in par. (a) in excess of the percentageof nonfederal operating costs of postsecondaryand vocational-adult programs funded under s ..20 : 292 (1) (d)

History : 197 1 c . 154; 1977 c . 29 ss . 494, 494m, 501m;1977 c : 273 .

District may not refuse to admit nonresident Wisconsin stu-dents to approved apprenticeship program because district ofstudent's residence fails to reimburse district, unless stateboard adopts rules sanctioning refusal , 69 Atty. Gen . 257 . .


38 .24 VOCATIONAL, TECHNICAL AND ADULT EDUCATION 916

(c) District boards may enter' into inter dis-trict contractual agreements to waive, or estab-lish interdistricY payments for, nonresident tui-tion charges to Wisconsin residents invocational-adult courses . . A copy of any con-tractual agreement between districts under thisparagraph shall be submitted by the districtboards to the state board prior to the effectivedate of such agreement. . The district boardsentering into an agreement under this para-graph shall notify the state board whenever theagreement is amended or terminated . The dis-trict boards shall file a copy of any amendmentsto an agreement with the state board ..

(d) Annually on or before August 1, thedistrict board secretary shall send a verifiedstatement to the district board secretary of eachdistrict which is liable for- a tuition charge underpar. (b) for the previous year . For each student,the statement shall set forth his or- her name, ageand place of residence, date of enrollment in adistrict school and the instructional program ofthe student and the amounts due therefor underpar'. (b) . . The statement shall be filed as a claimagainst the district board of ' the student's districtof residence and allowed as other claims areallowed.

History: L9' 11 c , 154, 211, 228 ; 1975 c . 39, 224;19 '77 c. 29,418 ;'1981 c .. 20:

Guidelines for determination of district of residency of 'aVTAE student and statutes affecting attendance at a particu-lar VTAE school are discussed .. 61 Atty .. Gen . . 151 .

VTAE schools are not "district schools" within meaningof`Att.: X, sec . 3 . 64 Atty . Gen . . 24

Apprentices indentured under ch . 106 may be charged tui-tion at VTAE schools for related instruction that apprenticesmust receive as a condition of their apprenticeship .. 65 Atty..Gen . 37. .

VTAE districts cannot enter into agreements with eachother to waive nonr esident tuition under (3) (b) . . Sub . . (3)(b) is constitutional, 69 Atty. . Gen. . 139 . .

38.28 State aid. (1) Annually at the timeand on forms prescribed by the director', thedistrict board secretary shall report to the boardthe cost of maintaining the schools of' the dis-trict; thee character of the work done ; thenumber, names and qualifications of the teach-ers employed; the number , of full-time studentsenrolled; the number of full-time students ex-empted from tuition, by course credits; the ac-tual amount of tuition collected in post-secondary and in vocational-adult programs ;and such other information as the boardrequires.

(9m) In this section :(a) "District aidable cost" means the annual

cost of operating a vocational, technical andadult education district, including debt servicecharges for, district bonds and promissory notesfor building programs or capital equipment, butexcluding all expenditures relating to auxiliaryenterprises and community service programs, allexpenditures funded by or reimbursed with fed-

eral revenues, all fees collected under s . . .38 :24(1), driver education and chauf 'f'eur trainingaids and any expenditures which exceed theallowable budget determined under s . 38 . . 29 . .

(b) "Equalization index" means a ratio de-teimined by :

1 . . Dividing the most current statewide fullvaluation by the board's estimate of the districts'total aidable full-time equivalent student countfor the next fiscal year ;

2 . . Dividing the most current full valuation foreach district by the board's estimate of thatdistrict's full-time equivalent student count forthe next fiscal year ; and

;3 . Dividing the quotient of subd . 1 by thequotient of subd . 2, rounded to the 5th decimalplace..

(2) (a) Annually,, by January 1, the boardshall estimate the statewide operational cost per-full-time equivalent student in collegiate trans-fers andd other postsecondary and vocational-adult programs for the next f iscal year . Theboard shall furnish each district board withdefinitions of statewide operational costs per-full-time equivalent student and shall establishprocedures for determining operational cost perfull-time equivalent student ..

(b) Each district's share of aids under thissection shall be computed as follows :

1 . The district's aidable cost shall be multi-plied by 35% and this product shall be multi-plied by the equalization index to determinestate aids.

2 . . The most current equalized values certifiedby the department of' revenue shall be used in aiddeterminations . .

3 . . Beginning with the 1975-76 fiscal year,state aids shall be calculated and paid on thebasis of 1975-76 district aidable cost.. Annuallythereafter, aid payments in any fiscal.l year shallfund the district aidable cost in that same fiscalyear..

4.. The board shall make such adjustments inaid payments during the fiscal year as a r e neces-sary to reflect more current data under sub..(lm)ands.20 . 292(1) (d) . . Final adjustmentsof state aid payments, on the basis of actualenrollments and costs, including the reduction ofnet aidable cost by any expenditures in excess ofthose authorized under, s.. 38 .29, shall be madefrom the following year's aid appropriationunder s .. 20,292 (1) (d) .

(c) The board shall pay 40 cents for eachstudent period of 50minutes or more of actualattendance for instruction in driver, trainingcourses approved by the board . . The board mayprovide aids under this paragraph on the basis ofa minimum of 10 students per, class period' ofactual instruction regardless of the number ofstudents actually enrolled and attending .



(d) Notwithstanding par:. (b), the board maywithhold, suspend or r educe in whole or in partpayment of state aid under this subsection to anydistrict board whose program or educationalpersonnel does not meet minimum standards setby the board or which violates this chapter orany rule, established by the board under theauthority of this chapter, including a districtboard which has operated on an annual budgetthat exceeds the allowable budget under s . .38 .. 29 . : The board shall discontinue aids to those

' programs which are no longer necessary to meetneeds within the state

(e) Aids shall not be paid to districts for anyvocational-adult programs conducted after Sep-tember 1, 1975, unless the intended ' content ofeach course has been thoroughly described, andthe program has been designated and approvedby the state director and reviewed by the board .The board shall establish procedures to imple-ment this subsection whichh shall enhance thedistr'ict'ss ability to respond rapidly to the needsof its citizens :.

(f) The boardd shall compile information onanticipated cost for each succeeding fiscal yearby the preceding January 1 .

(g) The board shall pay $1 for each studentperiod of 50 minutes or more of actual instruc-tion in chauffeur training courses approved bythe board .

(3) If the appropriation for state aid under s . .20292 (1) (d) in any one year is insuff icient topay : the fulll amount under sub . (2), state aidpayments shall be prorated among the districtsentitled thereto. I f the appropriation for stateaid under s . . 20 . 292 (1) (u) in any one year isinsufficient to pay the full amount under subs . .(2) (c) and (g), fundss in the appropriationshall be used first for the purposes of sub . (2)(c) and any remaining funds shall be proratedamong the districts entitled to support undersub. (2) (g) . If' the appropriation for state aidunder s . . 20. . 292 ; . (1) (u) in any one year isinsufficient to pay the full amount under sub . .(2) (c), funds in the appropriation shall beprorated among the districts entitled to thefunds;

(5) Statee aid shall not be paid to a_ district forany year, unless every teacher, administrator,principal and supervisor employed by the dis-trict during that year is under a contract provid-ing for leave of absence by reason of sickness ofsuch person, without deduction from salary, fornot less than 5 days per year and for accumula-tion of unused sick leave from year to year to atotal of not lesss than 30 days . No allowance maybe paid for such absences from teaching or othe reducational services rendered in evening schoolby any person employed at least 30 hours perweek in day school : This subsection does not

38.29 . District budget limitations. (1) Forthe purposes of ' this section, "allowable budget"means thatt portion of a district's nonfederaloperational budget, excluding receipts fromcontracts entered into under s . .38 . 14 (3) orgifts, grants and bequests unde r s 38 . 14 (4),whichh does not exceed the budget limitationsunder subs . . (2) and (3),

(2) For the 1978-79 fiscal year, and annuallythereafter, thee budgeted full-time equivalentnonfederal operational cost increase for eachdistrict over its previous year's actual or allow-able full-time equivalent nonfederal operationalcost, whichever ', is lower, shall be limited to9 . 5% . The previous year's full-time equivalentnonfederal operational cost includes any retio-active salary increases affecting costs in thatyear which are required in the current year by adecision of a mediator-arbitrator acting under s .111 . 70 (4) (cm) ..

(3) In addition to the amounts sett forth in. sub .. (1), a district may, upon application to theboard before July 1 f 'or' the next fiscal year or,during the month of Februa ry for the currentfiscal year, include within allowable budget suchadditional amounts as dete rmined by the boardafter the board finds that there is evidence thatthe budget limitations would prevent supportfor :

(a) The development of new .or expandedprograms primar i ly - for handicapped students,women or racial minority groups ;

(b) Documented heat and utility costt in-creases which exceed 95% of the previousyear's expenditures for heat and utilities;

(c) Utilization of a new or remodeled facilityfor- the first year during which the new orremodeled facility will be utilized ; or

(d) Compliance wi th an order of a court orfederal or statee agency other than an orderissued by the board .

(e) Thee nonreimbursed costs of services pro-vided to a public high school under s . 38 14 (3)

(a(4) Prior to a determination by the board onan appeal; under sub .. (3), , . the boa r d shalll hold apublic hearing . The district board shall notifyelectors of' the district of the subject, time andlocation of the scheduled budget limitationhearing by class 1 notice under ch . . 985 . . Thedecision of the board under sub . . (3) shall befinal

(5) District expenditur es for apprenticeshipcurriculum: development during fiscal year1979-80 are exempt from budget limitations

apply to a person employed by the district boardfor less than 30 hours per week .

History : 1971 c . 1 5 4, 21 1 ; 1 973 c 90 ; 1975 c . .39, 22 4;1 977 c 29, 41 8 ; 1 9 79 c . 3 4, 22 1 ; 19 8 1 c 20, 269 ..



instruction for profit or a tuition charge ; but insub .. (7) and (8) "school" means any privatetrade, correspondence, business or technicalschool not excepted under sub . (9) ..

(e) "Course" means an organized unit ofsubject matter i n which instruction is offeredwithin a given period of time or which covers aspecified amount of related subject matter .

(f) "Course of instruction" means a series ofclassroom or correspondence courses having aunified purpose which lead to a diploma ordegree or to an occupational or vocationalobjective.

(2) PURPOSE . The purpose of the board is toapprove schools and courses of instruction forthe training of veterans of the armed forces andwar orphans receiving assistance from the fed-eral, government, protect the general public byinspecting and approving private t r ade, corre-spondence, business and technical schools doingbusiness within this state whether located withinor outside this state and courses of instructionoffered by these schoolss and to regulate thesoliciting of students for correspondence orclassroom courses and courses of instructionofferedd by these schools..

(3) RULE-MAKING POWER . The board shallprescribe rules and establish standards neces-sary to carry out its purpose

(5) EMPLOYES; QUARTERS, The board shallemploy a person to perform the duties of anexecutive secretary and such other personsunder the classified service as may be necessaryto carry out its purpose . The administrativefunctions of the board shall be in charge of the

'person performing the duties of the executivesecretary , The board shall keep its office withthe boardd of vocational, technical and adulteducation.

(6) APPROVAL AGENCY FOR VETERAN'STRAINING" (a) Except as provided in par . (b)the board shall be the state approval agency forthe education and training of veterans and warorphans ., It shall approve and supervise schoolsand courses of instruction for their trainingunder Title 38, U.3.C., and may enter into andreceive money under contracts with the veteransadministration ' or, other appropriate federalagencies .

(b) The governor' may designate the follow-ing agencies for approval and supervision ofspecial phases of the program of veteranseducation :

1 On the job and apprenticeship trainingprogram, the department of industry, labor andhuman relations .

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

38.30 Special aid for veterans. (1) (a)District boards may receive payments from theU.S. veterans administration for tuition to cover'the cost of training for resident and nonresidentstudents who are enrolled in district schools andare veterans eligible for, benefits under federallaw .

(b) District boards may receive paymentsfrom the department of health and social ser-vices under s . 47„40 to cover the cost of trainingfor resident and nonresident students who areenrolled in district schools and are veteransineligible for benefits under par, . (a) .

(c) District boards shall not receive pay-ments under this subsection which, together'with other receipts for the same purpose exclu-sive of the funds provided under s . 38 .16, wouldexceed the full cost of training provided suchveterans

(d) The amounts received for nonresidentsunder- this subsection shall not be less than theamounts specified in s .. 38,24 (3) but mayexceed such amounts .

(2) Upon the authorization of a school boardor district board, the board may enter intocontracts with the U .S. veterans administrationfor training in vocational agriculture to be pro-vided by such school board or district board toveterans eligible for- benefits under federal law .The board shall receive from the US, veteransadministration payments granted to cover thecost of administration by the board and, to bepaid to the school board or district board, pay-ments granted to cover the cost of such training

History: 1971 c. . 154; 1973 c 284 s .. 32; 1977 c . : 29 .

38.51 Educational approval board . (1)DEFtrrrrioxs'. In this section unless the contextclearly requires otherwise :

(a) "Board" means educational approvalboard . .

(b) "Solicitor" means a person employed byor representing a school located either within oroutside this state who, in places other than theactual business premises of the school, person-ally attempts to secure the enrollment of astudent in such school ;,

(c) "Person" means any individual, partner-ship, association, or corporation or any combi-nation thereof..

(d) "School" means any person, locatedwithin or outside this state, maintaining, adver-tising or conducting any course or course of

under this section, but shall be included in thefull-time equivalent nonfederal operational costunder sub . . (2) for, the purpose of determiningthe district's allowable budget in fiscal year1980-81 .

History: 1977 c . 29, 418 ; 1979 c 34 ; 1981 c.. 20 .



by a fee set by the board, not to exceed $50, anda surety bond acceptable to the board in the sumof $1,000 Such bond may be continuous andshall be conditioned to provide indemnificationto any student suffering loss as the result of anyfraud or, misrepresentation used in procuring hisor her enrollment or as a result of the failure ofthe school to faithfully perform the agreementmade with the student by the solicitor , and maybe supplied by the solicitor~ or by the school itself 'as " a blanket bond covering each of its solicitorsin the amount of $1,000 . . Upon approval of apermit the board shall issue an identificationcard to the solicitor, giving his or her name andaddress, the name and address of the employingschool, and certifying - that the person whosename appears on the card is authorized to solicitstudents for the school ., A permit shall be validfor one yea r from the date issued .. Liability ofthe surety on the bond for each solicitor coveredthereby shall not exceed the sum of $1,000 as anaggr egate for any and all students for allbreaches of the conditions of the bond,, Thesurety of' a bond ' may cancel the same upongiving 30days' notice in writing to the board andthereafter shall be relieved of liability for- anybreach of condition occurring after the effectivedate of the cancellation ; An application forrenewal shall be accompanied by a fee set by theboard; not to exceed $50, a surety bond if acontinuous bond has not been furn i shed, andsuch information as the board requests of theapplicant .

(c) ' ' Ref'usal or, revocation of permit. Theboard may refuse to issue or renew, or may,revoke, any solicitor's permit upon one of anycombination of the following grounds :

1 . Wilful violation of this subsection or, anyrule promulgated by the board under thissection;

2 . Furnishing false, misleading of incompleteinformation to the board ;

3 ,. Presenting information to prospective stu-dents relating to the school, a course or course ofinstruction which is false, fraudulent ormisleading,

4 . . Refusal by the school to be rep r esented toallow reasonable inspection or to supply infor-mation after' written request therefor , by theboard ;

5 Failure of the school which the solici torrepresents to meet requirements and standardsestablished by and to comply with rules pre-scribed by the board pursuant to sub .. (7) ;

6 . . Cancellation of the solicitor's bond bysurety;

7 . . Subject to ss . 111,321, 111,322 and111 .335, the applicant has an arrest or convic-tion record . .

3 . . Embalmers and funeral directors appren-tices, the funeral directors and embalmers ex-amining board

(7) APPROVAL OF SCHOOLS GENERALLY „ Inor ' der' to protect students, prevent fraud andmisrepresentation in the sale and advertising ofcourses and courses of instruction and en-courage schools to maintain courses and coursesof instruction consistentt in quality, content andlength with generally accepted educational stan-dards, the board shall :

(a) Investigate the adequacy of courses andcourses of instruction offered by schools to res-idents of this state and establish minimum stan-dards for Such courses of instruction .,

(b) Investigate the adequacy of schools' fa-cilities, equipment, instructional matefials andinstructional programs andd establish minimumstandards therefor..

(c) Establish rules, standards and criteria toprevent fraud and misrepresentation in the saleand advertising of courses and courses ofinstruction.

(d) Establish r ules restricting the negotiabil-ity of promissory instruments received byschools in payment of tuition and other charges . .

(e) Establish minimum standards for- refundof the unused portion of tuition, fees and other 'charges if a student` does not enter a course ofcourse of instruction or ' withdraws or, is discon-tinued therefrom .

(f) Require schoolss of'f 'ering coursess andcourses of instruction to residents of ' this state tofurnish information concerning their facilities,curricula, instructors, enrollment policies, tui-tion and other , charges and fees, refund policiesandd policies concerning negotiability of promis-sory instruments received in payment of tuitionand other, charges .

(g) Approve courses of instruction andschools meeting the requirements and standardsestablished by the boardd and complying withrules established by the board and publish a listof such schools and coursess of instruction . .

(h) Issue permits to solicitors when all boardt•equirements have been met . .

(8) SOLICITING of STUDENTS (a) In gen -eral. No solicitor representing any school offer-ing any course or' course of instruction shall sellany course ox course of instruction or solicitstudents theaef'or, in this state for a considerationor- Y'emuneration, except upon the actual busi-ness premises of the school, unless he firstsecures a solicitor's permit from the board . If 'the solicitor, r'epr'esents more than one school, aseparate permit shall be obtained for each schoolrepresented by him. .

(b) Solicitor's permit. The application for asolicitor's permit shall be made on a form fur-nished by the board and shall be accompanied


38.51 VOCATIONAL, TECHNICAL AND ADULT EDUCATION 920

(d) Notice of refusal to issue or renew per-mit. Notice of refusal to issue or renew a permitor of the revocation of a permit shall be sent byregistered mail to the last address of the appli-cant or permit holder shown in the records of theboard .. Revocation of a permit shall be effective10 days after the notice of revocation has beenmailed to the permit holder .

(e) Request for appearance .: Within 20 daysof the receipt of notice of the board's refusal toissue or renew a permit or ' of the revocation of apermit, the applicant or holder of thee permitmay request thatt he be permitted to appearbefo re the board in person, with or withoutcounsel,, to present reasons why the permitshould be issued or reinstated . Upon receipt ofsuch request the board shalll grant a hearing tothe applicant or holder of the permit within 30days giving him at least 10 days' notice of thedate, time and place .

(f) Recovery by students . The bond in forceunder' par . . (b) shall not limit or impair any rightof recovery otherwise available under law, norshall the amount of the bond be relevant indetermining the amount of damages or other -relief to which any plaintif 'f ' may: be entitled , .

(g) Recovery on contracts . No recovery shallbe had by any school or its assignee on anycontract for or in connection with a course orcourse of instruction if the representative whosold or, solicited the course was not the holder , ofa solicito r 's permit under this subsection at thetime of the sale or solicitation .

(h) Enforcement. The attorney general orany districtt attorney mayy bring any appropriateaction or proceeding in any court of competent

, jurisdiction f 'or' the enforcement of thissubsection.

(i) Penalty, Whoever violates this subsectionmay be fined not more than $500 of imprisonednot more than 3 months or both .

(9) ExcErnorrs . . This section, except theprovisions of sub. (6), shall not apply to thefollowing :

(a) Schools organized on a nonprofit basis asdefined by the US,. internal revenue code.

(b) Schoolss that are supported mainly bytaxes . :

(c) Schools of a parochial or denominationalcharacter offering courses having a sectarianobjective .,

(d) Schools primarily offering instructionavocational or recreational in nature and notleading to a vocational objective .

(e) Courses conducted by employers exclu-sively for their employes.,

(f) Schools, courses of instruction and train-ing programs which are approved or licensedand supervised by other state agencies andboards .,

(g) Schools approved by the department ofpublic instruction for the training of teachers .

(h) Schools accredited by accrediting agen-cies recognized by the board . .

(10) PROPRIETARY SCHOOL APPROVAL , (a)Authority : All proprietary schools shall be ex-amined and approved by the board before oper-ating in this state . Approval shall be granted toschools meeting the criteria established by theboard for a period not to exceed one year .Existing schools on November , 5, 1971, haveuntil September, 1, 1973, to receive approval .No school may advertise in this state unlessapproved by the board All approved schoolsshall submit quarterly reports, including infor-mation on enrollment, number of teachers andtheir' qualifications, course offerings, number ofgraduates, number, of graduates successfullyemployed and such other, information as theboard deems necessary,,

(b) Application Application for initial ap-proval of a school or a course of instruction,renewal of approval of a school or- reinstatementof approval of a school or course of instructionwhich has been revoked shall be made on a formfurnished by the board and shall be accompa-nied by a fee set by the board, not to exceed$500, and such other information as the boarddeems necessary to evaluate the school in carry-ing out the purpose of this section ,.

History: 1971 c . 125 ss. 249, 448 ; 19 7 1 c. 211 s. . 51 ; 1973 c..12, 90 ; 1975 c, 39, 224, 422; 1981 c. . 380 ; 1981 c . . 391 s .. 211 . .


chapter38 · 907 vocational, technical and adult education 38.001 board anddistrict boards; duties....

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