State Codes and Statutes

Statutes > Wisconsin > 38 > 38.28

38.28

38.28 State aid.

38.28(1)

(1)

38.28(1)(a)

(a) Annually at the time and on forms prescribed by the director, the district board secretary shall report to the board the cost of maintaining the schools of the district; the character of the work done; the number, names and qualifications of the teachers employed; the number of full-time students enrolled; the number of full-time equivalent students enrolled in the district who are residents of another district; the number of full-time students exempted from tuition, by course credits; the actual amount of tuition collected in postsecondary and in vocational-adult programs; and such other information as the board requires.

38.28(1)(b)

(b) By October 15, 1992, each district board shall report to the board all of the following information for each of the 2 preceding school years:

38.28(1)(b)1.

1. The number and titles of all postsecondary programs and course sections added or discontinued.

38.28(1)(b)2.

2. The number of nonresident students and the district, state and country of residence of each.

38.28(1)(b)3.

3. For students who are residents of this state but not residents of the district:

38.28(1)(b)3.a.

a. The name and home address of each, to the extent permitted under 20 USC 1232g.

38.28(1)(b)3.b.

b. Whether the student's district of residence offered the postsecondary program or course in which the student is enrolled.

38.28(1)(b)4.

4. The number, title and program area of each instructional staff position added or eliminated and the reason for the addition or elimination.

38.28(1)(c)

(c) By January 1, 1993, the board shall report the information received from the district boards under par. (b) to the governor and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

38.28(1m)

(1m) In this section:

38.28(1m)(a)

(a)

38.28(1m)(a)1.

1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under sub. (6) and ss. 38.12 (9), 38.14 (3) and (9), 118.15 (2) (a), and 118.55 (7r), all receipts from grants awarded under ss. 38.04 (8), (20), (28), and (31), 38.14 (11), 38.26, 38.27, 38.33, and 38.38, all fees collected under s. 38.24, and driver education and chauffeur training aids.

38.28(1m)(a)2.

2. "District aidable cost" for any district that does not have an institution or college campus located in the district does not include costs associated with the collegiate transfer program at the district school. In this subdivision, "institution" and "college campus" have the meanings specified under s. 36.05.

38.28(1m)(b)

(b) "Equalization index" means a ratio determined by:

38.28(1m)(b)1.

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

38.28(1m)(b)2.

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

38.28(1m)(b)3.

3. Dividing the quotient of subd. 1. by the quotient of subd. 2., rounded to the 5th decimal place.

38.28(2)

(2)

38.28(2)(b)

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

38.28(2)(b)1.

1. The district's aidable cost shall be multiplied by the applicable percentage and this product shall be multiplied by the equalization index to determine state aids. In this subdivision, the "applicable percentage" is the percentage sufficient to generate total aid under this section that will fall within the range of 0.999 and 1.001 of the amount appropriated under s. 20.292 (1) (d), as determined by the board.

38.28(2)(b)2.

2. The most current equalized values certified by the department of revenue shall be used in aid determinations. Equalized values shall include the full value of property that is exempt under s. 70.11 (39) and (39m) as determined under s. 79.095 (3).

38.28(2)(b)3.

3. Beginning with the 1975-76 fiscal year, state aids shall be calculated and paid on the basis of 1975-76 district aidable cost. Annually thereafter, aid payments in any fiscal year shall fund the district aidable cost in that same fiscal year.

38.28(2)(b)4.

4. The board shall make such adjustments in aid payments during the fiscal year as are necessary to reflect more current data under sub. (1m) and s. 20.292 (1) (d). Final adjustments of state aid payments, on the basis of actual enrollments and costs, shall be made from the following year's aid appropriation under s. 20.292 (1) (d).

38.28(2)(b)5.

5. The board shall reduce each district's aid payment under subd. 2. by the district's share of the amount necessary to produce and distribute the statewide guide under s. 38.04 (18), as determined by the board.

38.28(2)(c)

(c) The board shall pay an amount determined by multiplying the number of students enrolled in a driver training course approved by the board by the number of credits of the course for which each student is enrolled and multiplying the product by $16. The board may provide aids under this paragraph on the basis of a minimum of 10 students regardless of the number of students actually enrolled and attending.

38.28(2)(d)

(d) Notwithstanding par. (b), the board may withhold, suspend or reduce in whole or in part payment of state aid under this subsection to any district board whose program or educational personnel does not meet minimum standards set by the board or which violates this chapter or any rule promulgated by the board under the authority of this chapter. The board shall discontinue aids to those programs which are no longer necessary to meet needs within the state.

38.28(2)(e)

(e) Aids shall not be paid to a district board for any program unless the intended content of each course has been thoroughly described, and the program has been designated and approved by the state director and reviewed by the board. The board shall establish procedures to implement this subsection which shall enhance the district's ability to respond rapidly to the needs of its citizens.

38.28(2)(f)

(f) The board shall compile information on anticipated cost for each succeeding fiscal year by the preceding January 1.

38.28(2)(g)

(g) The board shall pay an amount determined by multiplying the number of students enrolled in a chauffeur training course approved by the board by the number of credits of the course for which each student is enrolled and multiplying the product by $150.

38.28(3)

(3) If the appropriation for state aid under s. 20.292 (1) (fc) in any one year is insufficient to pay the full amount under subs. (2) (c) and (g), funds in the appropriation shall be used first for the purposes of sub. (2) (c) and any remaining funds shall be prorated among the districts entitled to support under sub. (2) (g). If the appropriation for state aid under s. 20.292 (1) (fc) in any one year is insufficient to pay the full amount under sub. (2) (c), funds in the appropriation shall be prorated among the districts entitled to the funds.

38.28(4)

(4) From the appropriation under s. 20.292 (1) (dm), the board shall annually pay to any district that does not have an institution or college campus located within the district an amount equal to that portion of the instructional costs of the district's collegiate transfer program not supported by fees and tuition that is equal to the state support of similar programs in the University of Wisconsin System, as determined by the board. In this subsection, "institution" and "college campus" have the meanings specified under s. 36.05.

38.28(5)

(5) State aid shall not be paid to a district for any year, unless every teacher, administrator, principal and supervisor employed by the district during that year is under a contract providing for leave of absence by reason of sickness of such person, without deduction from salary, for not less than 5 days per year and for accumulation of unused sick leave from year to year to a total of not less than 30 days. No allowance may be paid for such absences from teaching or other educational services rendered in evening school by any person employed at least 30 hours per week in day school. This subsection does not apply to a person employed by the district board for less than 30 hours per week.

38.28(6)

(6)

38.28(6)(a)

(a) Annually, the board shall determine all of the following for each district:

38.28(6)(a)1.

1. The number of students enrolled in associate degree programs and vocational diploma programs in the district who are residents of another district.

38.28(6)(a)2.

2. The number of residents of the district who are enrolled in associate degree programs and vocational diploma programs in another district.

38.28(6)(b)

(b) Annually, the board shall pay to each district for which the result under subd. 1. is a positive number an amount determined as follows:

38.28(6)(b)1.

1. For each district, subtract the number determined under par. (a) 2. from the number determined under par. (a) 1. for that district, adjusted to a full-time equivalent basis.

38.28(6)(b)2.

2. Add the positive numbers obtained under subd. 1. for all districts.

38.28(6)(b)3.

3. Multiply the amount in the appropriation under s. 20.292 (1) (fm) for that fiscal year by a fraction, the numerator of which is the result obtained under subd. 1. and the denominator of which is the result obtained under subd. 2.

38.28(6)(c)

(c) The board shall make aid payments under this section from the appropriation under s. 20.292 (1) (fm). The board shall make such adjustments in aid payments during the fiscal year as are necessary to reflect more current data under pars. (a) and (b). Final adjustments of aid payments, on the basis of actual enrollments, shall be made from the appropriation under s. 20.292 (1) (fm) in the following fiscal year.

38.28 - ANNOT.

History: 1971 c. 154, 211; 1973 c. 90; 1975 c. 39, 224; 1977 c. 29, 418; 1979 c. 34, 221; 1981 c. 20, 269; 1983 a. 27; 1985 a. 29; 1985 a. 332 s. 251 (3); 1987 a. 27, 399; 1989 a. 31, 102, 336; 1991 a. 39, 322; 1993 a. 16, 377, 399, 437; 1995 a. 27 ss. 1812, 9145 (1); 1995 a. 225; 1997 a. 27, 237; 1999 a. 9, 185; 2001 a. 16, 109; 2003 a. 33; 2005 a. 25.

38.28 - ANNOT.

Cross Reference: See also ch. TCS 10, Wis. adm. code.