Duties and powers of school boards; construction of statutes

Wis. Stat. § 118.001 — under GENERAL SCHOOL OPERATIONS.

Wis. Stat. § 118.001

118.001 Duties and powers of school boards; construction of statutes. The statutory duties and powers of school boards shall be broadly construed to authorize any school board action that is within the comprehensive meaning of the terms of the duties and powers, if the action is not prohibited by the laws of the federal government or of this state. History: 1995 a. 27. This section expresses the legislature’s intent to give school boards broader powers and wide discretion in exercising those powers, but it does not mean that, when the legislature had previously authorized a board to take particular actions using specified procedures, the board has the authority to follow other procedures in taking those particular actions. Madison Metropolitan School District v. Burmaster, 2006 WI App 17, 288 Wis. 2d 771, 709 N.W.2d 73, 05-0875. The duties and powers under this section and ss. 120.12 (14) and 120.13 extend to individual teachers as employees of the school board. It would be absurd to require teachers to obtain special permission from the school board with respect to every de-

118.196 118.197 118.20 118.21 118.22 118.223 118.225 118.23 118.235 118.24 118.245 118.25 118.255 118.257 118.26 118.27 118.28 118.29 118.291 118.2915 118.292 118.2925 118.293 118.2935 118.294 118.295 118.30 118.301 118.305 118.31 118.32 118.325 118.33 118.34 118.35 118.38 118.40 118.42 118.43 118.44 118.45 118.46 118.50 118.51 118.52 118.53 118.55 118.56 118.57 118.58 118.60

Teacher development program. Initial license to teach; alternative preparation programs. Teacher discrimination prohibited. Teacher contracts. Renewal of teacher contracts. Collective bargaining. Teacher evaluations. Populous counties; teacher tenure. Lunch period for teachers. School district administrator. Referendum; increase in employee wages. Health examinations. Health treatment services for children with special physical or mental health treatment needs. Liability for referral to police. Claim against school district. Gifts and grants. Community action agencies. Administration of drugs and emergency care. Asthmatic pupils; possession and use of inhalers. Asthma in schools; use of short-acting bronchodilators. Possession and use of epinephrine. Life-threatening allergies in schools; use of epinephrine. Concussion and head injury. Sudden cardiac arrest; youth athletic activities. Undesignated glucagon. Suicide intervention; civil liability exemption. Pupil assessment. Alternative pupil assessments. Use of seclusion and physical restraint. Corporal punishment. Strip search by school employee. Locker searches. High school graduation standards; criteria for promotion. Technical preparation programs. Programs for gifted and talented pupils. Waivers of laws and rules. Charter schools. Low-performing school districts and schools; state superintendent interventions. Achievement guarantee contracts; state aid. Achievement gap reduction; state aid. Tests for alcohol use. Policy on bullying. Whole grade sharing. Full-time open enrollment. Part-time open enrollment. Attendance by pupils enrolled in a home-based private educational program. Early college credit program. Work based learning programs. Notice of educational options; accountability report performance category; pupil assessments. Class rankings. Parental choice program for eligible school districts and other school districts.

tail of their teaching. Summer homework, particularly for an honors class for which students receive additional credit, fits comfortably within the range of what is reasonable and is not unconstitutional. Larson v. Burmaster, 2006 WI App 142, 295 Wis. 2d 333, 720 N.W.2d 134, 05-1433. Together, this section and ss. 120.12 (1) and 120.13 provide that a school board has the power to do all things reasonable to promote the cause of education and the duty to care for, control, and manage the property and affairs of the school district, and courts are required to broadly construe such already broad powers and duties so as to authorize any school board action that is within the comprehensive meaning of the terms of such powers and duties, so long as the action is not prohibited by state or federal laws. The powers of a school board include the power to authorize a ban from district property of an individual whose presence on district property the board has determined would unnecessarily expose students to potentially dangerous behavior. Klosterman v. School District, 2022 WI App 54, 404 Wis. 2d 688, 981 N.W.2d 424, 20-2076.