Chapter 38

38.34(8) (8) 

38.34(8)(a) (a) From the funding received under sub. (7), the board shall reimburse each district board for its eligible expenditures under the approved plan if the board finds the district board complied with the requirements under this section.

38.34(8)(b) (b) If a district board has not requested reimbursement from the board within 12 months after the joint committee on finance approves the plan or if the district board informs the board that it will not implement the program changes described in the approved plan, the board may submit a request to the joint committee on finance to redistribute the funds allocated for that district board to another district board to be used for a purpose consistent with this section. The request shall identify each district board to which funding is to be reallocated and the amount to be reallocated to each, along with a detailed description of the eligible expenditures for which the reallocated funding would be used. The request shall also include the same information that was required under sub. (5) for the original plan.

38.34(8)(c) (c) If, within 14 working days after receiving the request under par. (b), the cochairpersons of the joint committee on finance do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the request, the request is considered approved and the board may implement the reallocation of funding proposed in the request. If, within 14 working days after the date of the request, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the request, the request is approved only upon the committee’s express approval, as requested or as modified.

38.34(8)(d) (d) From reallocated funding approved under par. (c), the board shall reimburse a district board for its approved eligible expenditures if the board finds the district board complied with the requirements under this section.

38.34(9) (9) Not later than January 1, 2026, a district board that receives funding under this section shall report to the board the amount of funding the district board received, a detailed description of all expenditures for which the funding was used, and the impact of the funding on the district board’s oral health care programs. Not later than March 1, 2026, the board shall submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report summarizing this information received from the district boards.

38.34 History History: 2023 a. 89.

38.36 38.36 Nutritional improvement for elderly.

38.36(1) (1) In this section, “authorized elderly person” means any resident of this state who is 60 years of age or older, and the spouse of any such person.

38.36(2) (2) Any district approved by the board may establish a system to provide the opportunity for authorized elderly persons to participate in its meal program. If a district 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 board. Annually, the board shall notify the department of public instruction of the approved districts.

38.36(3) (3) Each plan shall provide at least one meal per day for each day that school is in regular session. The district 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 board, so that unwarranted production expense is not incurred.

38.36(4) (4) Any district board that operates a food services plan for elderly persons under this section shall make facilities available for service to elderly persons at every technical college in the district that provides hot food service to its students. Upon application, the board may grant exceptions from compliance with this subsection for reasons of safety, convenience or insufficient interest in a given neighborhood.

38.36(5) (5) 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 board may require consolidation of programs between districts and between schools if such a procedure will be convenient and economical.

38.36(6) (6) The district board may file a claim with the department of public instruction 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 of public instruction 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).

38.36(7) (7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the state superintendent of public instruction under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no district board may be required to provide special foods for individual persons with allergies or medical disorders.

38.36(8) (8) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the board. The board may issue identification cards to such persons if necessary. A district board may admit nonresidents who would otherwise qualify into its program, but no state funds under this section may be used to subsidize any portion of the meals served to such persons.

38.36(9) (9) The board shall adopt reasonable rules necessary to implement this section.

38.36 History History: 1989 a. 269, 359; 1993 a. 399; 1995 a. 27 ss. 1814, 9145 (1); 1997 a. 27; 2003 a. 33.

38.38 38.38 Services for students with disabilities. Annually the board may award a grant to each district board, from the appropriation under s. 20.292 (1) (f), to assist in funding transitional services for students with disabilities. Each district board shall contribute matching funds equal to 25 percent of the amount awarded.

38.38 History History: 1991 a. 39; 1997 a. 27; 2013 a. 20; 2019 a. 9.

38.40 38.40 Technical preparation, school-to-work, and work-based learning programs.

38.40(1) (1) Employment and education program administration. The board shall plan, coordinate, administer, and implement the technical preparation, school-to-work, and work-based learning programs under sub. (1m) and such other employment and education programs as the governor may by executive order assign to the board. Notwithstanding any limitations placed on the use of state employment and education funds under this section or under an executive order assigning an employment and education program to the board, the board may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

38.40(1m) (1m) Technical preparation, school-to-work and work-based learning programs. The board shall provide all of the following programs:

38.40(1m)(a) (a) A technical preparation program that includes the technical preparation programs under s. 118.34.

38.40(1m)(b) (b) A school-to-work program that includes the school-to-work program for children at risk under sub. (4m).

38.40(1m)(c) (c) A work-based learning program under which the board awards grants to tribal colleges that are recognized as land grant colleges under 7 USC 301 to fund programs that provide occupational training and work-based learning experiences to youths and adults.

38.40(2) (2) Interagency assistance. The council on workforce investment established under 29 USC 2821 and the department of public instruction shall assist the board in providing the technical preparation, school-to-work, and work-based learning programs under sub. (1m).

38.40(2m) (2m) Skill standards. The board shall approve statewide skill standards for the school-to-work program under sub. (1m) (b).

38.40(4m) (4m) School-to-work for children-at-risk.

38.40(4m)(a) (a) The board may approve an innovative school-to-work program provided by a nonprofit organization for children at risk, as defined in s. 118.153 (1) (a), in a county having a population of 750,000 or more to assist those children at risk in acquiring employability skills and occupational-specific competencies before leaving high school. If the board approves a program under this paragraph, the board may award a grant, from the appropriation under s. 20.292 (1) (f), to the nonprofit organization providing the program and the nonprofit organization shall use the funds received under the grant to provide the program.

38.40(4m)(b) (b) The board shall establish requirements for the operation of the grant program under this subsection. Notwithstanding sub. (5), those requirements are not required to be promulgated as rules.

38.40(4r) (4r) Publications and seminars. The board may provide publications and seminars relating to the employment and education programs administered by the board and may establish a schedule of fees for those publications and seminars. Fees established under this subsection for publications and seminars provided by the board may not exceed the actual cost incurred in providing those publications and seminars. The fees collected under this subsection shall be credited to the appropriation account under s. 20.292 (1) (ga).

38.40(5) (5) Rules. The board shall promulgate rules to implement this section.

38.40 History History: 2003 a. 33 ss. 946d to 946m, 1868p, 1868r, 1876t; 2005 a. 25 ss. 714d to 719d, 1835m; 2013 a. 20; 2017 a. 207 s. 5.

38.41 38.41 Training program.

38.41(1) (1) The board may award a grant to a district board for skills training or other education related to the needs of business.

38.41(2) (2) The board may award a grant to a district board to provide skills training or other education or market expansion or business diversification assistance to a business if the business is located in this state and the applicant submits to the board an affidavit stating that the business has no more than 250 employees or had no more than $10,000,000 in gross annual income in its most recent fiscal year.

38.41(3) (3) 

38.41(3)(a) (a) Amounts awarded under this section shall be paid from the appropriation under s. 20.292 (1) (f).

38.41(3)(c) (c) The board may award no more than $500,000 in any fiscal year under sub. (2).

38.41(4) (4) The board shall promulgate rules to implement and administer this section.

38.41 History History: 2005 a. 25; 2007 a. 20; 2009 a. 2, 28, 265; 2013 a. 20, 328.

38.41 Cross-reference Cross-reference: See also ch. TCS 17, Wis. adm. code.

38.42 38.42 Grants to meet emergency financial need.

38.42(1) (1) In this section:

38.42(1)(a) (a) “Eligible student” means a student enrolled in a technical college whose financial need meets the eligibility criteria for a grant from the Federal Pell Grant Program.

38.42(1)(b) (b) “Financial emergency” means an unplanned event causing an unanticipated expense, such as charges for medical treatment or vehicle repair, that would cause an eligible student to not complete that term if a grant were not available to cover the expense, but does not include such expenses as those for tuition, textbooks, student fees, alcohol or tobacco, groceries, entertainment, legal services, or fines or forfeitures resulting from legal violations.

38.42(2) (2) From the appropriation under s. 20.292 (1) (e), no later than September 1, 2016, and by September 1 of each year thereafter, the board shall distribute funds to the districts for payment of grants under this section. These funds may not be used by the districts for any other purpose. The amount distributed by the board to each district shall be determined by the board based on the anticipated need and demand for grants at each technical college.

38.42(3) (3) 

38.42(3)(a) (a) Subject to pars. (b) to (d), each technical college may award grants to eligible students to pay the student’s expense resulting from a financial emergency. In evaluating a grant application, the technical college shall, in its discretion and based on its best judgment, determine whether the student has incurred a legitimate financial emergency.

38.42(3)(b) (b) No grant may be awarded to a student unless the student has submitted with the grant application written proof, such as a bill, identifying the nature and amount of the expense and the 3rd party to whom this amount is owed.

38.42(3)(c) (c) A technical college may not award more than 2 grants under this section to the same student in any academic year. The total of all grants made to a student under this section in the same academic year may not exceed $1,000.

38.42(3)(d) (d) A grant under this section may not be disbursed in cash. The grant funds shall be disbursed in any of the following ways:

38.42(3)(d)1. 1. By check made payable to the student and delivered to the student.

38.42(3)(d)2. 2. By check made payable to the 3rd party identified under par. (b) and delivered to the 3rd party or to the student.

38.42(3)(d)3. 3. By electronic fund transfer or other electronic deposit to an account maintained by the student at a financial institution.

38.42(4) (4) Each technical college shall create or adopt a brief application process and designate an employee with the authority to disburse the grant funds to eligible students. A decision on a grant application, and disbursement of grant funds to a student if a grant is awarded, shall be made within 5 business days of the student’s application.

38.42(5) (5) If a student applies for a 2nd grant under this section within the same academic year, a technical college shall require the student to undergo a financial counseling session with a financial aid professional before the grant may be awarded.

38.42(6) (6) 

38.42(6)(a) (a) Each technical college shall collect, for each academic year, the following information related to the grant program under this section:

38.42(6)(a)1. 1. The number of grants awarded.

38.42(6)(a)2. 2. The number of grant requests denied.

38.42(6)(a)3. 3. The number of students receiving grants.

38.42(6)(a)4. 4. The total amount of grant money awarded.

38.42(6)(a)5. 5. The total amount of grant money available but not awarded.

38.42(6)(a)6. 6. The number of students who received a grant and completed their degree or credential.

38.42(6)(a)7. 7. The number of students who received a grant and transferred to another postsecondary institution.

38.42(6)(a)8. 8. The number of students who received a grant and did not complete the term in which the grant was awarded.

38.42(6)(a)9. 9. The types of expenses for which students requested grants.

38.42(6)(b) (b) By September 1 of each year, each district shall report to the board the information collected under par. (a), for the academic year ending in that calendar year, and the board shall submit a report of this information to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3) having jurisdiction over matters relating to colleges and universities.

38.42 History History: 2015 a. 282; 2023 a. 80.