Section 38.04. Technical college system board; powers and duties.

 

(1)   General. The board shall determine the organization, plans, scope and development of technical colleges. For state aid, credit determination and other purposes, the board shall establish criteria for the establishment of district schools and shall classify and name the district schools.

(1m)   Goals and accountability measures for economic development programs.

(a) In this subsection, “economic development program" means a program or activity having the primary purpose of encouraging the establishment and growth of business in this state, including the creation and retention of jobs, and that satisfies all of the following:

1. The program receives funding from the state or federal government that is allocated through an appropriation under ch. 20 .

2. The program provides financial assistance, tax benefits, or direct services to specific industries, businesses, local governments, or organizations.

(b) The board, in consultation with the Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the board:

1. Establish clear and measurable goals for the program that are tied to statutory policy objectives.

2. Establish at least one quantifiable benchmark for each program goal described in subd. 1.

3. Require that each recipient of a grant or loan under the program submit a report to the board. Each contract with a recipient of a grant or loan under the program shall specify the frequency and format of the report to be submitted to the board and the performance measures to be included in the report.

4. Establish a method for evaluating the projected results of the program with actual outcomes as determined by evaluating the information described in subds. 1. and 2.

5. Annually and independently verify, from a sample of grants and loans, the accuracy of the information required to be reported under subd. 3.

6. Establish by rule a requirement that the recipient of a grant or loan under the program of at least $100,000 submit to the board a verified statement signed by both an independent certified public accountant licensed or certified under ch. 442 and the director or principal officer of the recipient to attest to the accuracy of the verified statement, and make available for inspection the documents supporting the verified statement. The board shall include the requirement established by rule under this subdivision in the contract entered into by a grant or loan recipient.

7. Establish by rule policies and procedures permitting the board to do all of the following if a recipient of a grant or loan or tax benefits under the program submits false or misleading information to the board or fails to comply with the terms of a contract entered into with the board under the program and fails to provide to the satisfaction of the board an explanation for the noncompliance:

a. Recoup payments made to the recipient.

b. Withhold payments to be made to the recipient.

c. Impose a forfeiture on the recipient.

(2)   Director. The board shall appoint a director, outside the classified service, to serve at its pleasure.

(2m)   Executive assistant. The director may appoint an executive assistant, outside the classified service, to serve at his or her pleasure.

(3)   Staff. The board shall appoint such staff as is necessary under the classified service. Two division administrator positions shall be filled outside the classified service.

(4)   Teacher and course requirements.

(a) The qualifications of educational personnel and the courses of study for each program offered in district schools shall be approved by the board. The board may charge the districts for the full costs associated with certification of educational personnel. Such certification expenses shall not be included in the district aidable cost.

(am) The board shall not consider any course of study for approval under par. (a) that has not first been approved by the district board.

(b) The board may authorize district boards to grant associate degrees to those students who successfully complete associate degree programs.

(c) Collegiate transfer programs shall not comprise more than 25 percent of the approved credit hours offered in any technical college district.

(cm) The board shall enter into the agreement required under s. 36.31 (2m) . The board shall submit an annual report to the governor and to the legislature under s. 13.172 (2) that describes the agreement entered into under s. 36.31 (2m) and a summary of the board's implementation of the agreement.

(d) The board shall seek the advice of the environmental education board on the development of environmental education programs.

(e) No driver education course may be approved by the board unless it does all of the following:

1. Acquaints each student with the hazards posed by machinery and animals on highways and provides instruction in safely dealing with such hazards.

2. Provides at least 30 minutes of instruction relating to organ and tissue donation and organ and tissue donation procedures.

3. Provides at least 30 minutes of instruction on motorcycle awareness, as approved by a recognized motorcycle safety and awareness organization, and pedestrian and bicycle awareness, as approved by a recognized pedestrian and bicycle safety and awareness organization.

4. Includes instruction relating to passing stopped emergency vehicles, tow trucks, and highway machinery equipment.

5. Acquaints each student with the hazards posed by railroad highway grade crossings and provides at least 30 minutes of instruction in safely dealing with these hazards.

6. Acquaints each student with the hazards posed by composing or sending electronic text messages or electronic mail messages while driving and with the provisions of s. 346.89 (3) .

7. Acquaints each student with the hazards posed by motor vehicles to vulnerable highway users, as defined in s. 340.01 (74p) , and provides at least 30 minutes of instruction in safely dealing with these hazards.

(5)   Cooperate with federal government. The board shall cooperate with the federal government in carrying out any federal act pertaining to technical education.

(6)   Gifts and grants. The board may accept gifts, grants, bequests and devises to be used in the execution of its functions.

(7)   Funding sources. The board shall develop policies for the purpose of specifically identifying the general purpose revenue and nongeneral purpose revenue funding sources used for noninstructional student activities and for the purpose of governing the allocation of funds to those noninstructional student activities supported by both general purpose and nongeneral purpose revenue.

(7m)   Financial aids. By April 10, 1998, and annually thereafter, the board shall develop and submit to the higher educational aids board for its review under s. 39.285 (1) a proposed formula for the awarding of grants under s. 39.435 , except for grants awarded under s. 39.435 (2) or (5) , for the upcoming academic year to students enrolled in the technical colleges.

(8)   Minority student participation and retention plan.

(a) In this subsection, “minority group member" has the meaning given in s. 16.287 (1) (f) .

(b) Annually by January 1, the board shall develop a plan to increase minority group member participation and retention in the technical college system. The plan shall specify each district board's goals and objectives for minority group member participation and retention. The plan shall outline activities and programs that enhance minority group member participation and retention and shall review the progress made by the board and by district boards in the previous school year.

(9)   Training programs for fire fighters. In order to promote safety to life and property, the board may establish and supervise training programs in fire prevention and protection. The programs shall include training in responding to acts of terrorism, as defined in s. 256.15 (1) (ag) , and shall be available to members of volunteer and paid fire departments maintained by public and private agencies, including industrial plants. No training program required for participation in structural fire fighting that is offered to members of volunteer and paid fire departments maintained by public agencies may require more than 60 hours of training.

(10)   Additional facilities.

(a) Except as provided under par. (b) , the board shall review and approve any proposals by district boards for land acquisition, additional or new facilities, rentals and remodeling of existing facilities, prior to the letting of contracts to construct, remodel, rent or incur debt for such facilities or acquisition of land. The board shall encourage district boards to finance capital building proposals with long-term benefits through bonding or promissory note obligations.

(b) Proposals by district boards for minor rentals and minor remodeling projects are exempt from board review and approval under par. (a) . The board shall promulgate rules defining “minor rental" and “minor remodeling" and establishing criteria and procedures for exempting such proposals under this paragraph.

(c) The board shall review and approve, disapprove or modify any proposal by a district board to lease facilities or property to others under s. 38.14 (2) (d) .

(d)

1. In consultation with representatives of business and labor, the board shall develop a separate approval process for district board proposals to purchase or construct facilities to be used as applied technology centers under s. 38.15 (3) (c) . The board may not approve a proposal unless the board determines that all of the following apply:

a. The applied technology center is likely to maintain or increase the number of jobs in the region served by the center that require a high level of skill and provide high wages.

b. The productivity of employees who would be served by the center is likely to increase.

c. One or more businesses in the region served by the center will pay for all of the direct operating costs of services provided at the center and at least 20 percent of the indirect operating costs of services provided at the center, pursuant to a contract under s. 38.14 (3) (a) , and will fund, either in cash or in kind, at least 30 percent of the capital costs of the center.

d. The district board consulted with representatives of business and labor on the development of the center.

e. Either within the 12 months prior to submittal of the proposal or within the 12 months following submittal of the proposal, the district board has retired or will retire an amount of debt equal to or greater than the amount of debt that will be incurred for the purchase or construction of the applied technology center.

2. By December 1 of the year in which a center approved under subd. 1. begins operating, and annually thereafter by December 1, the district board shall report to the board the change, since the center began operating, in the wages, productivity and level of skill of the employees who have been directly served by the center.

Cross-reference: See also ch. TCS 5 , Wis. adm. code.

(10m)   Economic development assistance coordination and reporting.

(a) The board shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

(b) Annually, no later than October 1, the board shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (1m) (a) , administered by the board. The report shall include all of the information required under s. 238.07 (2) . The board shall collaborate with the Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

(11)   District reporting and audit requirements.

(a) Uniform format and reporting systems.

1. The board shall establish uniform reporting methods for fiscal, enrollment, program and other information which shall be provided by the district boards as the board deems necessary and shall require common use of the fiscal year for operations and data reporting. The board shall establish, by rule, uniform formats and reporting standards for district board contracts under s. 38.14 (3) and for budgets approved by district boards under s. 38.12 (5m) . The board shall promulgate rules governing the financing of capital expenditures under s. 38.15 and the management of reserve funds.

2. In consultation with the state superintendent of public instruction, the board shall establish, by rule, a uniform format for district boards to use in reporting the number of pupils attending district schools under ss. 118.15 (1) (b) , (cm) and (d) and 118.55 (7r) and in reporting pupil participation in technical preparation programs under s. 118.34 , including the number of courses taken for advanced standing in the district's associate degree program and for technical college credit.

(b) Annual audit. The board shall promulgate rules governing the annual district audit under s. 38.12 (5) . The rules shall provide for a standard audit contract and shall specify the minimum disclosures to be made by the firm conducting the audit and the persons authorized to have access to and obtain the working papers of the firm conducting the audit. The board may conduct or contract for an audit of any district.

(bm) Uniform financial fund accounting system. The board shall prescribe a detailed uniform financial fund accounting system, applicable to all district boards, which provides for the recording of all financial transactions inherent in the management of the districts and the administration of the district aid programs. The system shall be in operation by July 1, 1987.

(c) Withholding of state aid. The board shall withhold or suspend payment of all or a portion of state aid to any district board which fails to comply with accounting, budget, audit, contracting and reporting standards established by the board under this subsection.

Cross-reference: See also chs. TCS 7 , 8 , and 9 , Wis. adm. code.

(12)   Prison inmate educational program. The board may establish vocational educational programs for inmates within the state correctional system and contract with the departments of corrections and health services for reimbursement of that portion of the district program costs which exceeds amounts received as state and federal aid.

(13)   Displaced homemakers' program.

(a)

1. The board shall accept and process applications from district boards and local community organizations to provide services, which may include but are not limited to personal counseling and outreach, to or on behalf of displaced homemakers. The board may make grants for these purposes. Amounts awarded shall be paid from the appropriation under s. 20.292 (1) (f) . Grants under this subsection may be distributed on a statewide basis and shall supplement rather than replace funds received under any other law to provide services to displaced homemakers. To the extent possible while maintaining statewide distribution, except as provided in subd. 2. , in awarding grants preference shall be given to district boards. If a particular district board does not apply for a grant under this subsection, the board may award a grant to a local community organization located in that district which submits an application. No grant may equal more than 90 percent of approved expenditures. Any cost to the board of administering this subsection shall be paid from the appropriation under s. 20.292 (1) (a) .

2. If the board receives an application from a local community organization offering a displaced homemakers' program in the 1981-83 biennium and from a district board, the board may not give preference to the district board's application.

3. If the board determines that a district board or local community organization awarded a grant under subd. 1. will not fully expend the grant before the end of a fiscal year, the board may reduce the amount of the grant awarded to the district board or local community organization and award the funds to another applicant.

(b) No person may, on the ground of sex, age, race, color, religion or national origin, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this subsection.

(c) In this subsection, “ displaced homemaker" means an individual who:

1. Has worked in the home for a substantial number of years providing unpaid household services for family members;

2. Is not gainfully employed;

3. Has had, or would have, difficulty in securing employment; and

4. Has been dependent on the income of another family member but is no longer supported by such income, has been dependent on public assistance but is no longer eligible for such assistance, or is supported as the parent of minor children by public assistance or spousal support but whose children are within 2 years of reaching their majority.

(14)   General district policies.

(a) The board shall promulgate rules, applicable to all district boards, establishing general district policies and procedures on all of the following:

1. Employee and district board member travel and expenses. The policies and procedures established under this subdivision shall be similar to the provisions of ss. 16.53 (12) and 20.916 , insofar as applicable.

2. Procurement.

3. Personnel, including the district director.

4. Contracts to provide services.

(b) The board may direct the district boards to establish written policies relating to any matter not enumerated under par. (a) .

Cross-reference: See also chs. TCS 6 and 8 , Wis. adm. code.

(15)   Review of district board appointments. The board shall, by rule, establish criteria and procedures for the review of district board member appointments by the board.

Cross-reference: See also ch. TCS 2 , Wis. adm. code.

(16)   Accommodation of religious beliefs. The board shall promulgate rules, applicable to all district boards, providing for the reasonable accommodation of a student's sincerely held religious beliefs with regard to all examinations and other academic requirements.

Cross-reference: See also ch. TCS 14 , Wis. adm. code.

(17)   Information for tax bills. By October 1, the board shall provide to the department of revenue the information about aids distributed under ss. 38.28 and 38.32 to each technical college district that will enable the department of revenue to furnish to taxation districts the information required under s. 73.03 (31) .

(18)   Statewide guide. Annually, the board shall produce, and distribute to students, parents, high school personnel and others, a guide containing information on all of the technical colleges and their programs.

(19)   Cooperative research on education programs. The board shall enter into a written agreement with the department of public instruction, the board of regents of the University of Wisconsin System, and the Wisconsin Association of Independent Colleges and Universities to cooperatively conduct research on preschool through postsecondary education programs under s. 115.297 , except as provided in s. 115.297 (5) (b) .

(20)   Basic skills instruction in jails and prisons. From the appropriation under s. 20.292 (1) (f) , the board may award grants to district boards for providing basic skills instruction in jails and prisons.

(21)   Pupils attending technical colleges; board report. Annually by the 3rd Monday in February the board shall submit a report to the department of administration, department of children and families, department of public instruction, and department of workforce development, and to the legislature under s. 13.172 (2) . The report shall specify all of the following by school district:

(a) The number of pupils who attended district schools under ss. 118.15 (1) (b) , (cm) and (d) and 118.55 (7r) in the previous school year.

(b) The type and number of credits earned by the pupils.

(c) The number of persons who applied for admission to a technical college in the previous school year, who previously earned technical college credit under s. 118.55 (7r) and who applied for admission within one year of graduating from high school.

(d) The courses given in high schools for which a pupil may receive technical college credit and the number of pupils enrolled in the courses for technical college credit in the previous school year.

(e) Any other information considered relevant by the board.

(22)   Technical college student organizations. The board shall assist district boards to operate technical college student organizations for students pursuing related instruction.

(23)   Workplace Literacy Resource Center. The board shall operate a workplace literacy resource center. The workplace literacy resource center shall do all of the following:

(a) Develop, purchase, review and evaluate materials on workplace literacy, including needs assessment instruments, and disseminate those materials to persons interested in supporting workplace literacy.

(b) Refer any person that is interested in supporting workplace literacy, such as an employer, an employee, a labor organization or a community organization, to literacy service providers located in the person's community and other workplace literacy resources.

(24)   Training of health professionals. The board shall promote public awareness of, access to and training of health professionals for rural and underserved urban areas.

(26)   Technical preparation programs. In consultation with the state superintendent of public instruction, the board shall approve courses for technical preparation programs under s. 118.34 . By July 1, 1994, and annually thereafter by July 1, the board shall publish a list of the approved courses that indicates the schools in which each course is taught and the credit equivalency available in each district for each course.

(27)   School safety. The board shall work with school districts, private schools, tribal schools, and the department of public instruction to present to school districts, private schools, and tribal schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.

(28)   Health care education programs. From the appropriation under s. 20.292 (1) (f) , the board may award grants to district boards to expand health care education programs.

(29)   Master logger apprenticeship grants. The board shall use the moneys appropriated under s. 20.292 (1) (km) to award grants to businesses that provide technical college students with forest product internships for the purpose of placing eligible apprentices with loggers who are certified by the Great Lakes Timber Professionals Association as master loggers.

(31)   Truck driver training. From the appropriation under s. 20.292 (1) (hm) , subject to 2001 Wisconsin Act 16 , section 9148 (1f) , the board shall award grants to the district boards governing Chippewa Valley Technical College, Fox Valley Technical College, and Waukesha County Technical College for truck driver training.

(32)   Grants; report.

(a) The board may award grants to district boards for the development of apprenticeship curricula and for activities the board determines are related to the performance criteria specified in s. 38.28 (2) (be) 1. To the extent practicable, the board shall ensure that such grants are awarded annually to all districts. Amounts awarded shall be paid from the appropriation under s. 20.292 (1) (f) .

(b) Annually, the board shall submit a report to the department of administration, the joint committee on finance, and the appropriate standing committees of the legislature under s. 13.172 (3) that describes how the moneys appropriated under s. 20.292 (1) (f) will be distributed to the district boards in the current fiscal year and the programs that the moneys will fund.

1971 c. 154 , 211 ; 1973 c. 90 , 333 ; 1975 c. 39 ; 1977 c. 29 ; 1979 c. 221 ; 1981 c. 20 ; 1981 c. 93 ss. 19m , 30m , 30o ; 1981 c. 269 , 314 ; 1983 a. 27 , 379 ; 1985 a. 12 , 29 ; 1985 a. 332 s. 251 (1) ; 1987 a. 27 ; 1989 a. 31 , 107 , 125 , 169 , 299 , 335 , 336 ; 1991 a. 39 , 227 , 250 ; 1993 a. 16 , 223 , 377 , 399 , 455 , 491 ; 1995 a. 27 ss. 1800n to 1803 , 9126 (19) and 9145 (1) ; 1995 a. 342 ; 1997 a. 27 ; 1999 a. 9 , 124 ; 2001 a. 16 , 109 ; 2003 a. 33 , 62 ; 2005 a. 25 , 466 ; 2007 a. 20 ss. 737 , 9121 (6) (a) ; 2007 a. 68 , 125 , 130 ; 2009 a. 28 , 59 , 64 , 181 , 220 , 302 ; 2011 a. 32 , 173 ; 2013 a. 20 , 253 ; 2015 a. 55 . Vocational, technical and adult education (technical college) districts are subject to city equal employment opportunity ordinances, but only within the geographic boundaries of the city. 70 Atty. Gen. 226. A VTAE (technical college) district is a “school district" under s. 19.21 (7) [now s. 19.21 (6)], governing destruction of obsolete school records. 71 Atty. Gen. 9 . 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 .