Members of a district board shall serve until their successors are appointed and qualified. A vacancy shall be filled for any unexpired term of more than 90 days in the manner provided for the making of original appointments in s. 38.10
, except that if a vacancy occurs within 120 days preceding a spring election, the vacancy need not be filled until 60 days after the spring election, in the manner provided in s. 38.10
Any member of a district board serving as an elected official under sub. (1) (a) 1. e.
or 1g. c.
shall cease to be a member upon vacating his or her office as an elected official.
The district board shall hold its annual organizational meeting on the 2nd Monday in July at which it shall elect from among its members a chairperson, vice chairperson, secretary and treasurer. If a vacancy occurs in any of the district board officer positions after the annual organizational meeting, the district board may elect an officer to fill the vacancy at any subsequent district board meeting. No person may serve as chairperson for more than 2 successive annual terms.
District board members shall receive their actual and necessary expenses incurred in the performance of their duties.
Where a function is assigned to the clerk of a governmental unit and a district is one of such governmental units, the function shall be performed by the district board secretary.
The office of commissioner on a policy board of a consortium of counties under the federal comprehensive employment and training act and the office of president of a district VTAE (technical college) board, which would be an applicant and competitor for funds allocated, are incompatible. 63 Atty. Gen. 453.
The state board may by rule require that the record concerning appointment of district board members show compliance with statutory procedural requirements, and the state board may disapprove appointments because of procedural irregularities except those involving the Open Meetings Law. 73 Atty. Gen. 108
The criteria for appointment to district VTAE (technical college) boards, including changes in status of “employer," “employee," and “elected official" representatives and the incompatibility of board membership and the offices of sheriff and circuit judge, is discussed. 77 Atty. Gen. 256
Appointment of district board members. 38.10(1)(1)
District board members shall be appointed by an appointment committee constituted as follows:
If the petition for creation of a district was filed by the governing bodies of school districts or municipalities, the school board presidents of school districts having territory within the district shall constitute the appointment committee.
If the petition for creation of a district was filed by the governing bodies of counties or any combination of school districts, counties and municipalities, the county board chairpersons of counties having territory within the district shall constitute the appointment committee.
If the board created a district, the heads of the governing bodies designated by the board shall constitute the appointment committee. The designation shall be made in accordance with par. (a)
depending upon which governmental units comprise the district.
Notwithstanding pars. (a)
, the county executive of Milwaukee County and the chairpersons of the Milwaukee, Ozaukee, and Washington County boards of supervisors shall constitute the appointment committee for the district board governing the Milwaukee area technical college.
An appointment committee member may designate another officer of his or her governmental unit to represent the member at appointment committee meetings.
On or before the first Monday in March, or within 30 days of the date on which a vacancy on the district board occurs, the district board secretary shall notify each member of the appointment committee, each governing body having a member on the appointment committee and the board of the vacancy or of terms of office which will expire during the year.
The chairperson of the appointment committee shall fix a date, to be no later than 60 days after receipt of notification of the vacancy or term expiration, or 60 days after a spring election if a vacancy occurs within 120 days preceding a spring election, and a time and place for a public hearing and meeting of the appointment committee to approve a representation plan required under par. (c) 1.
and to appoint district board members, and shall send written notice of the public hearing and meeting to each district board member, each governing body having a member on the appointment committee, each member of the appointment committee and the board.
The appointment committee member from the appropriate governmental unit specified under sub. (1) (a)
having the largest population in the district shall act as chairperson of the appointment committee. The county executive of Milwaukee County shall act as the chairperson of the appointment committee for the district board governing the Milwaukee area technical college.
At the meeting and prior to the appointment of district board members, the appointment committee shall formulate a plan of representation for the membership of the district board. The plan shall give equal consideration to the general population distribution within the district and the distribution of women and minorities within the district. The plan of representation for the membership of the district board that governs a district encompassing a 1st class city shall also give equal consideration to the distribution of minorities within the 1st class city. The plan shall form the basis upon which membership of the district board is determined.
The board shall review district board appointments to determine whether they comply with the provisions of the plan of representation required under subd. 1.
and the requirements of s. 38.08 (1) (a)
Upon receiving notice of the vacancy or term expiration under par. (a) 1.
and at least 14 days before publication of the notice required under subd. 3.
, the appointment committee shall publish a notice announcing the intent to appoint district board members, including the criteria for selection, and soliciting the submission of names and qualifications of candidates.
In order to be eligible for consideration for appointment to the district board, a candidate shall submit his or her name and qualifications to the appointment committee within 14 days of the date of publication of the notice under subd. 1.
Notwithstanding s. 19.84 (3)
, the appointment committee shall publish a notice of any meeting or public hearing at which the appointment committee will consider the filling of any vacancy on the district board or any other matter pertaining to the appointment of district board members at least 14 days before the meeting or public hearing. The subject matter of the meeting or public hearing as specified in the notice shall contain the names of individuals being considered for appointment. Prior to the meeting at which an appointment is made, the appointment committee shall hold a public hearing at which the names and qualifications of individuals being considered for appointment to the district board shall be discussed. No person may be appointed to a district board by an appointment committee unless his or her name appeared in at least one notice of a public hearing or meeting of the committee and he or she provided references to the committee, was interviewed by the committee and attended the public hearing at which his or her appointment to the district board was discussed.
All notices under this paragraph are class 1 notices under ch. 985
, except that they shall be 8-point type or larger.
Within 5 days of the appointment of district board members, the chairperson of the appointment committee shall send written notice of the appointments and lengths of terms to the board, to the members appointed to the district board and to the district board secretary.
Selection of district board members and approval of a representation plan required under par. (c) 1.
by the appointment committee shall be by majority vote of a quorum under par. (g)
. If the appointment committee cannot reach agreement on the representation plan and district board membership within 30 days after their first meeting, the board shall formulate the plan of representation and appoint the district board members in accordance with the plan.
If the board determines under par. (c) 2.
that district board appointments do not comply with the plan of representation required under par. (c) 1.
or do not comply with s. 38.08 (1) (a)
, the board shall notify the appointment committee that the district board appointments are in noncompliance. Within 45 days after receipt of the board's determination that the district board appointments are in noncompliance, the appointment committee shall make district board appointments that comply with the provisions of the plan of representation required under par. (c) 1.
and with s. 38.08 (1) (a)
. The board shall review any appointments made under this paragraph. If the board determines that the appointments made under this paragraph do not comply with a plan of representation required under par. (c) 1.
or do not comply with s. 38.08 (1) (a)
, the board shall formulate a plan of representation that conforms with par. (c) 1.
and the board shall appoint the district board members in accordance with the plan of representation and with s. 38.08 (1) (a)
County board chairpersons from counties having a combined population exceeding 50 percent of the population of the district constitute a quorum to do business for appointment committees composed of county board chairpersons under sub. (1) (b)
. School board presidents from school districts having a combined population exceeding 50 percent of the population of the district constitute a quorum to do business for appointment committees composed of school board presidents under sub. (1) (a)
. In no case may fewer than 2 people constitute a quorum.
Three members shall constitute a quorum for the appointment committee for the district board governing the Milwaukee area technical college.
See also ch. TCS 2
, Wis. adm. code.
The county board chair acts for the county on special groups that appoint members of district boards of vocational, technical and adult education (technical colleges), even if there is a county administrator or executive. 60 Atty. Gen. 257.
District board duties. 38.12(1)(1)
Control of district schools.
Except as otherwise provided by statute, the district board shall have exclusive control of the district schools established by it and of property acquired for the use of such schools.
(2) District funds and treasurer.
The district board shall deposit all moneys received by it with the district board treasurer who shall be accountable for such funds. All expenditures exceeding $2,500 shall be approved by the district board. Disbursement of such funds shall be made in accordance with s. 66.0607 (6)
(3) District director and other employees. 38.12(3)(a)(a)
The district board shall employ and fix the compensation of:
A district director who shall have general supervision and management of the development and work of the district schools.
Such supervisors, coordinators, teachers and technical advisers and experts as are necessary.
Such clerical assistants, custodians and other employees as are necessary.
Employees under par. (a) 1.
shall meet the requirements established by the board and, where applicable, the qualifications determined under s. 38.04 (4) (a)
Employment of the district director under par. (a) 1.
shall be by written contract which shall be filed with the district board secretary. The contract shall set forth all of the terms and conditions of employment.
(4) Publication of proceedings; open records.
The proceedings of the district board meetings shall be published within 45 days after the meeting as a class 1 notice, under ch. 985
, in a newspaper published in the district. If no newspaper is published in the district, the proceedings may be publicized as the district board directs. The publication of the proceedings shall include a statement of receipts and expenditures in the aggregate. The district board shall make a detailed record of all receipts and expenditures available to the public for inspection at each district board meeting and upon request.
(5) Annual audit.
The district board shall annually authorize an audit of the district in accordance with rules promulgated by the board under s. 38.04 (11) (b)
. The district board shall submit the audit report to the board no later than 6 months following the end of each fiscal year.
(5m) Annual budget.
The district board shall prepare its annual budget in compliance with rules promulgated by the board under s. 38.04 (11) (a)
. The district board shall submit an approved copy of its budget to the board by July 1 of each year and shall report any subsequent budget modification to the board within 30 days of approval of the modification by the district board.
(6) Transportation planning.
The district board shall work with the regional planning commissions and the local authorities of the community in which the district school is located to evaluate the transportation needs of the district school population. The district board shall develop a transportation plan for the district school to effect energy resource conservation and efficient use of transportation resources. The plan shall include pedestrian walkways, bikeways, bike routes, bicycle storage racks, car and van pools, and to the extent feasible, improved mass transit services. The transportation plans shall detail parking management strategies and parking fee policies which provide incentives for the use of mass transit and high occupancy vehicles.
The district boards shall establish specific written policies on district matters, including all of the matters enumerated under s. 38.04 (14)
, which are consistent with the rules promulgated under s. 38.04 (14)
. The policies may not conflict with any collective bargaining agreement and are subject to review and approval by the board.
Except as provided in subd. 2m.
, upon receiving from the federal department of defense a student's official joint services transcript or Community College of the Air Force transcript, the technical college in which the student is enrolled shall do the following:
Accept all American Council on Education credit recommendations included in the official joint services transcript and award academic credit to the student in accordance with these recommendations.
Accept all credits included in the Community College of the Air Force transcript and award academic credit to the student accordingly.
A technical college may not award academic credit to a student under subd. 1m.
for each course for which the student, upon consultation with the technical college's staff, objects to the awarding of credit for that course.
See also ch. TCS 6
, Wis. adm. code.
(8) Cooperation with other state agencies. 38.12(8)(a)(a)
The district boards shall actively coordinate, with the department of public instruction and the school boards, the responsibility for providing vocational training to pupils attending high school and for providing education to persons who have dropped out of high school.
The district boards shall actively coordinate, with the institutions within the University of Wisconsin System, the sharing of programs and facilities, including the collegiate transfer program, adult education and evening courses and part-time student and associate degree programs, in order to reduce the duplication of such programs and facilities.
Annually by July 1, the district board shall report to the school boards of every school district located in whole or in part within the boundaries of the district on the steps the district board has taken in the previous year to satisfy its responsibility under par. (a)
(9) Fire fighter training programs.
The district board shall make available to members of volunteer and paid fire departments maintained by cities, villages and towns located in the district a fire fighter training program approved by the board and funded under s. 20.292 (1) (gr)
. No district board may charge a fee for training provided under this subsection.
(10) Controlled substances and controlled substance analogs; discipline.
Each district board shall adopt rules providing nonacademic misconduct disciplinary sanctions for any student who engages in an activity, on district premises or at a district-sponsored event, that constitutes a violation of ch. 961
. In determining the appropriate sanction, the district board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a school environment free from controlled substances, as defined in s. 961.01 (4)
, and controlled substance analogs, as defined in s. 961.01 (4m)
(11) Orientation program; information on sexual assault and sexual harassment.
The district board shall:
Incorporate in its orientation program for newly entering students oral and written information on sexual assault and sexual harassment, as defined in s. 111.32 (13)
, including information on sexual assault by acquaintances of the victims and on all of the following:
Generally available national and state statistics on sexual assaults and on sexual assaults by acquaintances of the victims.
The rights of victims under ch. 950
and the services available at the district school and in the community to assist a student who is the victim of sexual assault or sexual harassment.
Protective behaviors, including methods of recognizing and avoiding sexual assault and sexual harassment and locations in the community where courses on protective behaviors are provided.
Annually supply all students enrolled in the district printed material that includes all of the information under par. (a)
Annually, submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3)
. The report shall indicate the methods the district board used to comply with pars. (a)
(12) Service members; priority registration. 38.12(12)(b)
Each district board shall ensure that a student who is a service member is given priority in registering for courses at any technical college in the district.
(13) Armed forces.
If a student who is a member of a national guard or a member of a reserve unit of the U.S. armed forces withdraws from school after September 11, 2001, because he or she is called into state active duty or into active service with the U.S. armed forces, the district board shall do all of the following:
Reenroll the student beginning in the semester in which he or she is discharged, demobilized, or deactivated from active duty or the next succeeding semester, whichever the student prefers.
Give the student the same priority in registering for courses that the student would have had if he or she had registered for courses at the beginning of the registration period.
At the student's request, do one of the following for all courses from which the student had to withdraw:
Reimburse the student all tuition and fees paid for all the courses.
Grant the student an incomplete in all the courses and permit the student to complete the courses, within 6 months after leaving state service or active service, without paying additional tuition or fees.
Ensure that the student is provided a reasonable opportunity to complete final projects and final examinations for all courses in which the scheduled end date of the course is not more than 30 days after the date of the order calling the student into active duty or service unless such an accommodation cannot be reasonably made.
(14) Attendance at technical college. 38.12(14)(a)(a)
Upon the pupil's request and with the written approval of the pupil's parent or guardian, any public school pupil who satisfies the following criteria may apply to attend a technical college for the purpose of taking one or more courses:
The pupil notifies the school board of the school district in which the pupil resides of his or her intent to attend a technical college under this subsection by March 1 if the pupil intends to enroll in the fall semester and by October 1 if the pupil intends to enroll in the spring semester.