115.33(2)(a)2.2. The school board of the school district in which the school is located requests the state superintendent to do so. The school board may also request an opinion as to whether the school is adequate for a proposed use. 115.33(2)(a)3.3. The state superintendent determines there is significant evidence that the school is not in compliance. 115.33(2)(b)(b) The department of safety and professional services shall inspect the school within 30 days after receiving a request from the state superintendent under par. (a). 115.33(3)(a)(a) If the state superintendent determines that a school is not in compliance, and the department of safety and professional services, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to repair, improve, remodel or close the school by a stated date. An order issued under this paragraph constitutes a preliminary finding of noncompliance with the standard under s. 121.02 (1) (i). 115.33(3)(b)1.1. If the state superintendent determines that a school is not in compliance and is not worth repairing, and the department of safety and professional services, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to develop a plan that describes how the school board will achieve compliance with the standard under s. 121.02 (1) (i). The plan shall specify the time within which compliance with the standard under s. 121.02 (1) (i) shall be achieved. The state superintendent shall hold a public hearing on the plan in the school district and may, as a result of the hearing, recommend changes to the plan. The state superintendent may withhold up to 25 percent of the school district’s state aid if the school district fails to achieve compliance with the standard under s. 121.02 (1) (i) within the period specified in the plan. 115.34115.34 School lunch program. 115.34(1)(1) The department may contract for the operation and maintenance of school lunch programs and for the distribution, transportation, warehousing, processing and insuring of food products provided by the federal government. The form and specifications of such contracts shall be determined by the department. Amounts remaining unpaid for 60 days or more after they become payable under the terms of such contracts shall be deemed past due and shall be certified to the department of administration on October 1 of each year and included in the next apportionment of state special charges to local units of government as special charges against the school districts and municipalities charged therewith. 115.34(2)(2) The state superintendent shall make payments to school districts, private schools, charter schools under s. 118.40 (2r) and (2x), tribal schools, the program under s. 115.52, and the center under s. 115.525 for school lunches served to children in the prior year as determined by the state superintendent from the appropriation under s. 20.255 (2) (cn). Payments shall equal the state’s matching obligation under 42 USC 1751 et seq. Payments in the current year shall be determined by prorating the state’s matching obligation based on the number of school lunches served to children in the prior year. In this subsection, “private school” means any school defined in s. 115.001 (3r) which complies with the requirements of 42 USC 2000d. 115.34 AnnotationThe U.S. and Wisconsin Constitutions do not prohibit the state from disbursing state matching funds under the National School Lunch Act to private as well as public schools. 69 Atty. Gen. 109.
115.341115.341 School breakfast program. 115.341(1)(1) From the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse each school board 15 cents for each breakfast served at a school that meets the requirements of 7 CFR 220.8 and shall reimburse each governing body of a private school or tribal school 15 cents for each breakfast served at the private school or tribal school that meets the requirements of 7 CFR 220.8. 115.341(2)(2) If the appropriation under s. 20.255 (2) (cm) in any fiscal year is insufficient to pay the full amount of aid under this section, the state superintendent shall prorate state aid payments among the school boards and governing bodies of private schools and tribal schools entitled to the aid. 115.343115.343 Wisconsin school day milk program. 115.343(1)(1) The department shall establish a school day milk program. A public, private, or tribal school participating in the program shall offer each eligible child one half-pint of Wisconsin-produced whole milk, 2 percent milk, 1.5 percent milk, one percent milk, 0.5 percent milk, skim milk or chocolate milk on each day in which school is in session. If a child is allergic to milk or has metabolic disorders or other conditions which prohibit him or her from drinking milk, the child shall be offered juice as a substitute. Any school that participates in the program is encouraged to consider bids from local milk suppliers. The school shall keep all information related to the identity of the pupils who receive a beverage under the program confidential. In this subsection, “Wisconsin-produced” means that all or part of the raw milk used by the milk processor was produced in this state. In this section, “public, private, or tribal school” includes a charter school under s. 118.40 (2r) or (2x), the program under s. 115.52, the center under s. 115.525, or a residential care center for children and youth, as defined in s. 115.76 (14g). 115.343(2)(2) A child who is enrolled in a school in prekindergarten classes to grade 5 is eligible to receive a beverage specified in sub. (1) if all of the following apply: 115.343(2)(a)(a) The child does not receive the beverage through the federal special milk program under 42 USC 1772 (b). 115.343(2)(b)(b) The child meets the income eligibility standard for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b) (1). 115.343(2)(c)(c) The child does not receive the beverage during the school’s breakfast or lunch period. 115.343(3)(3) The department shall pay each participating school the full cost of beverages under sub. (1) served to children eligible under sub. (2) in the prior school year from the appropriation under s. 20.255 (2) (cp). 115.343(4)(4) If the appropriation under s. 20.255 (2) (cp) in any fiscal year is insufficient to pay the full amount of aid under this section, state aid payments shall be prorated among the schools entitled to such aid. 115.343(5)(5) The department shall maintain a count of the number of children who are served beverages under this section. 115.345115.345 Nutritional improvement for elderly. 115.345(1)(1) Any school district approved by the state superintendent may establish a system to provide the opportunity for authorized elderly persons to participate in its school lunch program. If a school board desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the state superintendent. Upon petition of 5 percent of the voters in the school district who voted in the last school board election, the school board shall formulate a food services plan, provided that hot food service facilities are available to school children in the district. 115.345(2)(2) Each plan shall provide at least one meal per day for each day that school is in regular session. The school board may provide additional service at other times in its discretion, if the number of eligible persons in the district or adjacent districts is of sufficient size, in the opinion of the state superintendent, so that unwarranted production expense is not incurred. 115.345(3)(3) Any school board which operates a food services plan for elderly persons under this section shall make facilities available for service to elderly persons at every high school and junior high school in the district which provides hot food service to its students. Upon application, the state superintendent may grant exceptions from compliance with this subsection for reasons of safety, convenience or insufficient interest in a given neighborhood. The school board may, in addition, provide service at elementary schools if desired. 115.345(4)(4) Meals may be served at schools where they are served to students or at any site more convenient to the majority of authorized elderly persons interested in the service. Food may be transported to authorized elderly persons who are unable to leave their homes or distributed to nonprofit organizations for such purposes. However, no state funds under this section may be used for food delivery to individual homes. The state superintendent may require consolidation of programs between districts and between schools if such a procedure will be convenient and economical. 115.345(5)(5) The school board may file a claim with the department for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15 percent of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department approves the claim, it shall certify that payment is due and the secretary of administration shall pay the claim from the appropriation under s. 20.255 (2) (cn). 115.345(6)(6) All meals served must meet the approval of the state superintendent who shall establish minimum nutritional standards not inconsistent with federal standards and reasonable expenditure limits such that the average cost per meal is not excessive. The state superintendent shall give special consideration to dietary problems of elderly persons in formulating a nutritional plan. However, no school board shall be required to provide special foods for individual persons with allergies or medical disorders. 115.345(7)(7) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the department. The state superintendent may issue identification cards to such persons if necessary. 115.345(7m)(7m) A private school or tribal school may establish a food services plan for elderly persons. If the plan meets all of the requirements of this section and is approved by the state superintendent, the private school or tribal school is eligible for reimbursement in the same manner as school districts under sub. (5). 115.345(8)(8) The state superintendent shall adopt reasonable rules necessary to implement this section. 115.345(9)(9) In this section, “authorized elderly person” means any resident of the state who is 60 years of age or more, or the spouse of any such person. A school board may admit nonresident persons who would otherwise qualify into its program except that no state funds under this section may be used to subsidize any portion of the meals served to such persons. 115.347115.347 Direct certification of eligibility for school nutrition programs. 115.347(1)(1) Beginning in the 1994-95 school year, a school board may submit enrollment data to the department of children and families for the purpose of directly certifying children as eligible for free or reduced-price meals under the federal school nutrition programs. The department of children and families shall prescribe a format for the report. 115.347(2)(2) Whenever a school district that is located in whole or in part in a county that has converted to the client assistance for reemployment and economic support data system submits a report under sub. (1) in the prescribed format, the department of children and families shall determine which children enrolled in the school district are members of Wisconsin Works groups participating under s. 49.147 (3) to (5) or of families receiving aid to families with dependent children or food stamps and shall provide the information to the school board as soon thereafter as possible. The school board shall use the information to directly certify children as eligible for free or reduced-price meals served by the school district under federal school nutrition programs, pursuant to 42 USC 1758 (b) (2) (C) (ii) and (iii). 115.347(3)(3) The state superintendent shall assist school boards in developing a method for submitting enrollment data to the department of children and families under sub. (1). 115.35115.35 Health problems education program. 115.35(1)(1) A critical health problems education program is established in the department. The program shall be a systematic and integrated program designed to provide appropriate learning experiences based on scientific knowledge of the human organism as it functions within its environment and designed to favorably influence the health, understanding, attitudes and practices of the individual child which will enable him or her to adapt to changing health problems of our society. The program shall be designed to educate youth with regard to critical health problems and shall include, but not be limited to, the following topics as the basis for comprehensive education curricula in all elementary and secondary schools: controlled substances, as defined in s. 961.01 (4); controlled substance analogs, as defined in s. 961.01 (4m); alcohol; tobacco; mental health; sexually transmitted diseases, including acquired immunodeficiency syndrome; human growth and development; and related health and safety topics. Participation in the human growth and development topic of the curricula shall be entirely voluntary. The department may not require a school board to use a specific human growth and development curriculum. 115.35(2)(2) In carrying out this section, the state superintendent may, without limitation because of enumeration: 115.35(2)(a)(a) Establish guidelines to help school districts develop comprehensive health education programs. 115.35(2)(b)(b) Establish special in-service programs to provide professional preparation in health education for teachers throughout the state. 115.35(2)(c)(c) Provide leadership institutions of higher education to develop and extend curricula in health education for professional preparation in both in-service and preservice programs. 115.35(2)(d)(d) Develop cooperative programs between school districts and institutions of higher education whereby the appropriate health personnel of such institutions would be available to guide the continuing professional preparation of teachers and the development of curricula for local programs. 115.35(2)(e)(e) Assist in the development of plans and procedures for the evaluation of health education curricula. 115.35(3)(3) The department may appoint a council consisting of representatives from universities and colleges, law enforcement, the various fields of education, the voluntary health agencies, the department of health services, the professional health associations and other groups or agencies it deems appropriate to advise it on the implementation of this section, including teachers, administrators and local school boards. 115.35(4)(4) The department shall cooperate with agencies of the federal government and receive and use federal funds for the purposes of this section. 115.35(5)(a)(a) As to the scope and nature of programs undertaken under this section. 115.35(5)(b)(b) As to the degree and nature of cooperation being maintained with other state and local agencies. 115.35(5)(c)(c) As to the state superintendent’s recommendations to improve such programs and cooperation. 115.355115.355 Assistance to schools for instruction on adoption. The department shall annually and upon request disseminate to appropriate public school staff information about materials and services available through the state adoption center under s. 48.55 which may serve as resources for instruction on adoption for pupils in grades kindergarten through 12. 115.355 HistoryHistory: 1997 a. 104; 1999 a. 9. 115.359115.359 Recovery high schools; operational and planning grants. 115.359(1)(1) Definition. In this section, “recovery high school” means a public, private, or tribal school that operates only high school grades and meets all of the following criteria: 115.359(1)(a)(a) The school is specifically designed for pupils in recovery from a substance use disorder or a mental health disorder that coexists with a substance use disorder. 115.359(1)(b)(b) The school awards high school credits that count towards a high school diploma awarded by the school or high school credits that will transfer and count towards a high school diploma awarded by a school district. 115.359(2)(2) Eligibility; operational grant. A recovery high school is eligible for a grant under sub. (3) if the recovery high school satisfies all of the following: 115.359(2)(a)(a) The recovery high school is governed by a governing board. 115.359(2)(b)(b) The recovery high school employs an individual who is responsible for the daily operations of the recovery high school. 115.359(2)(c)(c) The recovery high school demonstrates that its model is capable of supporting its anticipated enrollment. 115.359(2)(d)(d) If the recovery high school is a private school, the private school is a nonprofit organization. 115.359(2)(e)(e) The recovery high school requires prospective pupils to apply to the recovery high school and conditions eligibility for enrollment on all of the following: 115.359(2)(e)2.2. That the pupil commits to attend the recovery high school daily. 115.359(2)(e)4.4. That the pupil agrees to a 30-day probationary period and that the pupil’s enrollment may be terminated at the end of the probationary period for any of the following reasons: 115.359(2)(e)4.a.a. The pupil tests positive for a controlled substance on a drug test administered at the end of the probationary period. 115.359(2)(e)4.b.b. The individual responsible for the daily operations of the recovery high school determines that the pupil’s enrollment should be terminated based on the pupil’s behavior at the recovery high school during the probationary period. 115.359(2)(f)(f) The recovery high school provides evidence that it has at least one other source of funding to support its operations. 115.359(2)(g)(g) The recovery high school provides evidence-based programming to pupils. For purposes of this paragraph, “evidence-based programming” includes evidence-based peer-to-peer suicide prevention programming, smaller class sizes, and self-care planning. 115.359(3)(a)(a) A recovery high school that meets the requirements under sub. (2) may apply for a grant under this subsection. An applicant for a grant under this subsection shall include in its application the grant amount requested and a proposed budget for how it will use the grant funds in the following school year. 115.359(3)(b)(b) Beginning in the 2023-24 school year, from the appropriation under s. 20.255 (3) (ef), the department annually shall award grants to eligible recovery high schools that apply for a grant under this subsection. If the department does not award an applicant the full amount requested in an application, the department shall provide an explanation to the applicant for the reduced grant award. The department shall pay 50 percent of a grant amount on the 2nd Monday of July and 50 percent of the grant amount on the 2nd Monday of January. 115.359(3)(c)(c) A recovery high school may use a grant under this subsection for any of the following purposes: 115.359(3)(c)1.1. To employ school staff, including teachers and counselors. 115.359(3)(c)2.2. To rent, or otherwise secure, a physical location for the school. 115.359(3)(c)4.4. To develop and implement an after-school and weekend sober activity program.
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