Chapter PI 38

PI 38.11 PI 38.11 Purpose.

PI 38.11(1) (1) Under s. 115.36 (1), Stats., public and private schools are encouraged to develop comprehensive kindergarten through grade 12 programs to prevent or ameliorate alcohol and other drug abuse among minors.

PI 38.11(2) (2) Under s. 115.36 (3), Stats., the department shall fund school district projects designed to assist minors experiencing problems resulting from alcohol or other drug use or to prevent alcohol and drug use by minors.

PI 38.11(3) (3) This subchapter sets forth characteristics of a comprehensive kindergarten through grade 12 program including criteria and procedures in awarding grants under s. 115.36, Stats.

PI 38.11 History History: Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 13-086: am. (4) Register May 2014 No. 701, eff. 6-1-14; 2017 Wis. Act 93: renum. (title), (1), (2), (3) from PI 32.01 (title), (1), (2), (4) and am. (3) Register December 2017 No. 744, eff. 1-1-18.

PI 38.12 PI 38.12 Definitions. In this subchapter:

PI 38.12(1) (1) “AODA program” means a comprehensive kindergarten through grade 12 alcohol and other drug abuse program as described in s. PI 38.13.

PI 38.12(3) (3) “Community–based organization” means a private, non-profit organization which is representative of a community or a significant segment of a community and which provides educational and job training services.

PI 38.12(4) (4) “Council” means the council created under s. 115.36 (2) (e), Stats.

PI 38.12(5) (5) “County department of community programs” means the county department of community programs appointed under s. 51.42 (3) (a), Stats.

PI 38.12(7) (7) “Intervention” means efforts to respond to and provide appropriate assistance to students experiencing health and safety problems including alcohol and other drug abuse.

PI 38.12(8) (8) “Membership” has the meaning given in s. 121.004 (5), Stats.

PI 38.12(9) (9) “Prevention” means efforts to provide pupils appropriate information and developmental experiences necessary to make personally and socially responsible decisions regarding their own alcohol and other drug use and non–use and other health and safety factors and to cope effectively with the personal and social results of health and safety decisions made by others. Prevention includes efforts to develop assets which can be used to overcome challenges and set-backs and to help students become positive, caring, responsible and productive citizens.

PI 38.12(10) (10) “Pupil assistance program,” also referred to as a student assistance program, means an alcohol and other drug abuse support program involving pupils with health and safety problems and concerns in individual or group settings operating under conditions established by school board policy, rules and responsibilities.

PI 38.12 History History: Cr. Register, July, 2000, No. 535, eff. 8-1-00; 2017 Wis. Act 93: renum. (intro.), (1), (3), (4), (5), (7) to (10) from PI 32.02 (intro.), (1), (3), (4), (5), (7) to (10) and am. (intro.), (1), (4) Register December 2017 No. 744, eff. 1-1-18.

PI 38.13 PI 38.13 Comprehensive kindergarten through grade 12 AODA programs, application requirements, and awarding of grants.

PI 38.13(1) (1) Aoda program policies. Except projects funded under s. PI 38.14, a school board conducting an AODA program shall establish policies and procedures that clearly articulate how the program will operate. In developing policies under this section, a school board shall consider requiring any of the following:

PI 38.13(1)(a) (a) That administrators and teachers designated to engage in AODA programs under s. 118.126, Stats., have received appropriate training and are aware of the requirements of s. 118.126, Stats.

PI 38.13(1)(b) (b) Provide for cooperative arrangements with the county department of community programs regarding the availability of AODA services as specified under s. 118.24 (2) (f), Stats.

PI 38.13(1)(c) (c) That school administrators, principals, pupil services professionals and teachers employed by the school board are aware of the provisions under s. 118.257, Stats., pertaining to liability for referral to police, when referring pupils to law enforcement authorities for removal from school grounds or school sponsored activities as a result of suspicion of possession or consumption of an alcoholic beverage or controlled substance.

PI 38.13(1)(d) (d) That school administrators, principals, pupil services professionals and teachers employed by the school board are aware of the provisions of s. 118.258, Stats., pertaining to the prohibition of electronic communications devices and that pupils are annually provided with a copy of the board’s rules pertaining to this prohibition.

PI 38.13(1)(e) (e) That school administrators, principals, pupil services professionals and teachers employed by the school board are aware of the provisions of s. 120.12 (20), Stats., pertaining to prohibiting the use of all tobacco products on school premises.

PI 38.13(1)(f) (f) That school administrators, principals, pupil service professionals and teachers employed by the school board are aware of the provisions of s. 125.09, Stats., pertaining to the prohibition of alcohol beverages on school grounds.

PI 38.13(1)(g) (g) That school administrators, principals, pupil service professionals and teachers employed by the school board are aware of the provisions of s. 118.125, Stats., pertaining to the maintenance and confidentiality of certain types of pupil records.

PI 38.13(1)(h) (h) That school administrators, principals, pupil service professionals and teachers employed by the school board are aware of the provisions of s. 118.45, Stats., pertaining to use of portable breath testing devices with pupils suspected of consuming alcohol or being under the influence of alcohol at school or a school sponsored event.

PI 38.13(2) (2) Aoda program content. Under s. 115.36 (1), Stats., every public and private school is encouraged to develop AODA programs to prevent or ameliorate alcohol and other drug abuse among minors. Section 115.36 (3), Stats., provides for grants to assist school districts in developing or supplementing AODA programs. An AODA program under this section may include any of the following:

PI 38.13(2)(a) (a) Curriculum and instruction that meets all of the requirements of s. 118.01 (2) (d) 2. c. and 6., Stats., and which does all of the following:

PI 38.13(2)(a)1. 1. Provides accurate and up-to-date information on health promotion and risk behaviors.

PI 38.13(2)(a)2. 2. Provides accurate information about youth attitudes and behaviors about AODA and related youth risk behaviors.

PI 38.13(2)(a)3. 3. Provides a strong focus on life skill development, such as decision making, goal setting and communication skills.

PI 38.13(2)(a)4. 4. Emphasizes key concepts that cut across many health and safety issues.

PI 38.13(2)(a)5. 5. Provides multiple instructional strategies.

PI 38.13(2)(a)6. 6. Is developmentally appropriate and builds on a pupil’s prior knowledge.

PI 38.13(2)(a)7. 7. Provides a sense of safety and community in the classroom.

PI 38.13(2)(a)8. 8. Provides clear and consistent messages.

PI 38.13(2)(a)9. 9. Involves parents and guardians in instructional programs.

PI 38.13(2)(b) (b) A written school district policy which supports comprehensive alcohol and other drug abuse programming including pupil assistance programs, curriculum, instruction, staff development and youth oriented activities. The policies shall be widely publicized and be in accordance with appropriate state and federal laws.

PI 38.13(2)(c) (c) Programs for pupils including pupil assistance programs, peer programs, student clubs, and drug free alternatives.

PI 38.13(2)(d) (d) Programs for adults including staff development, employee assistance and wellness programs, and parent and community education.

PI 38.13(2)(e) (e) Integration of community resources and support services including, but not limited to, human services providers, private treatment providers, law enforcement officers, and judicial personnel.

PI 38.13(2)(f) (f) Access to a collaborative pupil service team made up of school counselors, social workers, nurses and psychologists.

PI 38.13(2)(g) (g) An AODA program coordinator who is provided with appropriate time and training.

PI 38.13(2)(h) (h) Ongoing monitoring, assessment and evaluation of AODA program activities.

PI 38.13(2)(i) (i) Strategies to develop comprehensive school health programs which include, but are not limited to, a police-school partnership project, a family support project providing parenting skills and family cohesion building strategies, after school and summer school tutorial services, student assistance programs, youth-led prevention activities, any other strategy approved by the state superintendent to meet the statutory objectives of prevention or amelioration of alcohol and drug use by minors. A school district may enter into contracts with public or private non-profit agencies to collaborate on family support programs that include parenting skills and family cohesion building strategies.

PI 38.13(3) (3) Grant application requirements. A school board or a school board in cooperation with another school board under an agreement under s. 66.0301, Stats.; or a CESA board under s. 116.032, Stats.; may apply for a grant under this section. Maximum awards for consortium projects shall be determined by the state superintendent as described under sub. (4) (a). Annually, an applicant under this section shall submit all of the following information to the department in its grant application:

PI 38.13(3)(a) (a) Evidence of the need for the grant.

PI 38.13(3)(b) (b) The name of the AODA program coordinator, and evidence that the AODA program coordinator holds a current license issued by the department under ch. PI 34.

PI 38.13(3)(c) (c) A description of how the proposed program activities will be integrated with the school district’s current AODA program as specified in this section, as well as other school improvement strategies.

PI 38.13(3)(d) (d) An outline of the proposed program objectives, activities, and related timelines. The program’s objectives shall be measurable.

PI 38.13(3)(e) (e) A description of how the proposed program will be evaluated. The description shall contain outcome evaluations.

PI 38.13(3)(f) (f) A description of how the program activities will continue after the grant period is completed.

PI 38.13(3)(g) (g) A description of how the strategies and activities contained in the proposal contribute to the prevention or amelioration of alcohol, tobacco, and other drug abuse.

PI 38.13(3)(h) (h) A description of the collaborative development of the proposal, including the individuals that participated in the process.

PI 38.13(3)(i) (i) A description of the resources and funds necessary to implement the project and how the matching fund contribution of 20% will be met. Private and in–kind contributions may be applied to meet this requirement.

PI 38.13(3)(j) (j) An assurance that the grant applicant will not use the funds to supplant any funds which are otherwise available for the proposed project.

PI 38.13(3)(k) (k) Evidence that the grant applicant submitted a copy of the proposed project to the county department of community programs for advisory review.

PI 38.13(4) (4) Review of applications and awarding of grants.

PI 38.13(4)(a) (a) The state superintendent, annually, shall establish funding limits for programs under this section based on the amount appropriated for the program under s. 20.255 (2) (kd), Stats., using the criteria specified under par. (c) 2. The state superintendent shall inform school districts of the funding limits by letter which will accompany application materials.

PI 38.13(4)(b) (b) The council shall review the applications submitted under this section and make recommendations to the state superintendent regarding the funding of school district applications. These recommendations shall be based on the criteria specified in par. (c).

PI 38.13(4)(c) (c)

PI 38.13(4)(c)1. 1. The state superintendent shall review the applications submitted under this section and consider the recommendations made by the council under par. (b) to determine which of the applications eligible for funding will receive grants. The state superintendent shall make this determination based on the following primary criteria:

PI 38.13(4)(c)1.a. a. The extent to which the goals, objectives and activities relate to the purpose of the proposed program.

PI 38.13(4)(c)1.b. b. The extent to which the proposed program activities will assist the district in meeting the requirements of this section.

PI 38.13(4)(c)1.c. c. The local capacity to sustain program activities.

PI 38.13(4)(c)1.d. d. The extent to which programs are innovative or exemplary and may serve as a model for other school districts.

PI 38.13(4)(c)2. 2. Secondary criteria in awarding grants shall, to the extent possible, include the following:

PI 38.13(4)(c)2.a. a. The grants shall be distributed equally throughout the state.

PI 38.13(4)(c)2.b. b. The grants shall be awarded to school districts of varying sizes, as determined by membership.

PI 38.13 History History: Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (3) (intro.) made under s. 13.93 (2m) (b) 7., Stats, Register, July, 2000, No. 535; correction in (3) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register June 2004 No. 582; CR 13-086: am. (2) (intro.), (4) (a), (b) Register May 2014 No. 701, eff. 6-1-14; 2017 Wis. Act 93: renum. from PI 32.03 and am. (1) (intro.), (2) (intro.), (3) (intro.), (c), (4) (b) Register December 2017 No. 744, eff. 1-1-18.

PI 38.14 PI 38.14 Student mini grants.

PI 38.14(1) (1) Grant application requirements.

PI 38.14(1)(a) (a) A school district may apply for a grant for an AODA education and related youth risk behaviors education, prevention and intervention activities program designed by the pupils enrolled in the school district. A grant under this section may not exceed $1,000. Annually, an applicant under this section shall submit all of the following information to the department in its grant application:

PI 38.14(1)(a)1. 1. A description of the program to be developed and implemented by pupils and whether the program is being implemented at a building, district, or community level.

PI 38.14(1)(a)2. 2. An outline of the proposed program goals, objectives, activities, personnel involved, material to be developed or needed, and related timelines.

PI 38.14(1)(a)3. 3. A description on how the proposed activities will be evaluated to determine the extent to which the objectives were met.

PI 38.14(1)(a)4. 4. A budget that describes how grant funds will be used.

PI 38.14(2) (2) Review of applications and awarding of grants. The state superintendent shall review applications submitted under this section and determine which of the applications eligible for funding will receive grants. The state superintendent shall make this determination based on all of the following criteria.

PI 38.14(2)(a) (a) The extent to which the goals, objectives and activities relate to the purpose of the proposed program.

PI 38.14(2)(b) (b) The extent to which program activities have an educational focus.

PI 38.14(2)(c) (c) Evidence that the proposal was developed and will be implemented by youth.

PI 38.14 Note Note: PI-2391, Application – Student Alcohol and Other Drug Abuse Mini-Grant, may be obtained at no charge from the Department of Public Instruction, P. O. Box 7841, Madison, WI 53707-7841.

PI 38.14 History History: Cr. Register, July, 2000, No. 535, eff. 8-1-00; 2017 Wis. Act 93: renum. from PI 32.04 Register December 2017 No. 744, eff. 1-1-18.

subch. V of ch. PI 38 Subchapter V — Four-Year-Old Kindergarten Grants

PI 38.21 PI 38.21 Purpose. This subchapter sets forth criteria and procedures for awarding grants to eligible school districts to implement a 4-year-old kindergarten program under s. 115.445, Stats. Funds are awarded from the appropriation under s. 20.255 (2) (dp), Stats.

PI 38.21 History History: EmR0805: emerg. cr. eff. 2-25-08; CR 08-018: cr. Register November 2008 No. 635, eff. 12-1-08; 2017 Wis. Act 93: renum. from PI 16.01 and am. Register December 2017 No. 744, eff. 1-1-18.

PI 38.22 PI 38.22 Definitions. In this subchapter:

PI 38.22(1) (1) “Age eligible” means a child who turns 4 years old on or before September 1 in the year that he or she proposes to enter school or meets the school district’s criteria for early admission under s. 120.12 (25), Stats.

PI 38.22(2) (2) “Community based provider” means head start and providers licensed under ch. DCF 250 or 251.

PI 38.22(3) (3) “Community interest groups” means individuals or representatives with an interest in and relevance to early learning, such as family child care, community home visiting programs, parent education, resource and referral agencies, family resource centers, health or mental health organizations, social service agencies, elected officials, businesses, or philanthropic organizations.