Wis. Admin. Code TCS — Technical College System Board

Chapter TCS 1 DISTRICT REORGANIZATION PROCEEDINGS

Wis. Admin. Code § TCS 1.01 Applicability and purpose {#sec-tcs-1.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.01}

The purpose of this chapter is to establish procedures regarding reorganization of district boundaries by the board acting under s. 38.06, Stats.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § TCS 1.02 Definitions {#sec-tcs-1.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.02}

In this chapter:

(1) “Board” means the technical college system board.

(2) “Director” means the person appointed by the board under s. 38.04 (2), Stats.

(3) “District” means a technical college district established under ch. 38, Stats., consisting of one or more counties, municipalities or school districts in any contiguous combination.

(4) “District board” means the district board in charge of the technical colleges of a district.

(5) “District director” means the person employed by a district board under s. 38.12 (3) (a) 1., Stats.

(6) “District reorganization order” means a determination by the board providing for reorganization of one or more districts.

(7) “Municipality” means a city, village or town.

(8) “Reorganization” means the alteration, dissolution, creation or merger of any district by the board.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (1), (3) and (4) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 1.03 Commencement of reorganization proceedings {#sec-tcs-1.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.03}

Proceedings for reorganization of a district may be commenced upon:

(1) The adoption of a resolution by the board under s. TCS 1.04 (1), or

(2) The filing of a petition, meeting the requirements of s. TCS 1.05 (1), filed by a county, municipality or school district.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 1.04 Reorganization proceedings initiated by the board {#sec-tcs-1.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.04}

(1) Initiation of proceedings. All reorganization proceedings commenced by the board on its own motion shall require adoption, by a two-thirds vote, of a resolution authorizing the proceedings. At a minimum, the resolution shall:

(a) Set forth the board’s initial proposal for reorganization.

(b) Establish a 45 day public comment period commencing 10 days after adoption of the resolution.

(2) Notice of commencement of proceedings. Following adoption of the resolution under sub. (1), the board shall:

(a) Publish a notice in the newspaper selected by each affected district for the publication of proceedings under s. 38.12 (4), Stats., informing the citizens of each affected district of the institution of the reorganization proceedings, the board’s initial proposal for reorganization, the public comment period and the address to which the comments should be sent, and the date, time and place for the public hearing. If no newspaper is published in an affected district and an alternative method for publicizing proceedings under s. 38.12 (4), Stats., has been adopted by the affected district, the board shall use a similar method to provide the notice required by this subsection. All notices under this paragraph are class 1 notices under ch. 985, Stats., except that they shall be 8-point type or larger.

(b) By certified mail, return receipt requested, provide a copy of the board’s resolution to the district director and district board chairperson of each affected district along with a notice requiring each affected district to comment as provided in sub. (4).

(3) Studies and investigations. The board may conduct, or cause to be conducted, such studies and investigations as it deems necessary.

(4) District comment. Each affected district board shall, during the public comment period established under sub. (1) (b), comment on all of the following:

(a) The estimated fiscal effect of the proposed reorganization upon the district.

(b) The impact of the proposed reorganization upon the educational needs of students enrolled in the district.

(c) Any alternatives to the board’s initial proposal for reorganization. For each alternative proposed the affected district shall provide the information required under pars. (a) and (b).

(d) Any other information the affected district desires to bring to the attention of the board.

(5) Public hearing.

(a) Upon adoption of the resolution authorizing reorganization proceedings under sub. (1), the board shall schedule one or more public hearings to be held at least 14 days following the expiration of the public comment period. A hearing shall be held in each affected district which, based upon the board’s initial proposal for reorganization, would be dissolved, merged or have property detached.

(b) At least 14 days prior to the date scheduled for the hearing the board shall:

Publish a notice of hearing and a summary of the board’s initial proposal for reorganization in the same manner as the notice of commencement of proceedings under sub. (2) (a). The notice shall inform the public of the time, place, date, and general subject matter of the hearing.
By certified mail, return receipt requested, provide a copy of the notice to the district director and district board chairperson of each affected district.

(c) At the hearing, and prior to taking testimony, the board shall summarize the comments obtained from the affected districts and comments obtained pursuant to the public comment period.

(d) The hearing shall be recorded either stenographically or electronically.

(6) Final reorganization proposal.

(a) At the conclusion of the public hearing, or at any time thereafter, the board may adopt a final district reorganization proposal to alter, dissolve, create, or merge any district or districts after considering all of the following:

The estimated fiscal effect of the reorganization including the effect of the apportionment of assets and liabilities.
The educational needs of students enrolled in the affected district and the impact of the reorganization upon those needs.
The information obtained from the public hearing and any studies and investigations, comments received pursuant to the public comment period and from the affected districts, and any other information which the board determines to be relevant to its decision.

(7) Final public hearing.

(a) Upon adoption of a final reorganization proposal the board shall schedule a public hearing in each district in which a public hearing was held under sub. (5).

(b) At least 14 days prior to the date scheduled for each hearing, the board shall:

Publish a notice of the public hearing and a summary of the board’s final reorganization proposal in the same manner as the notice of commencement of proceedings under sub. (2) (a).
By certified mail, return receipt requested, provide a copy of the notice along with a copy of the board’s final reorganization proposal, to the district director and district board chairperson of each affected district.

(d) The hearing shall be recorded either stenographically or mechanically.

(8) Final board action. At the conclusion of the public hearing or at any time thereafter, the board may, by a majority vote, modify the final reorganization proposal and adopt, upon a two-thirds vote, a district reorganization order under s. TCS 1.06.

(9) Termination of proceedings. At any time following initiation of reorganization proceedings under sub. (1), the board may, upon a majority vote, terminate the reorganization proceedings.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 1.05 Reorganization proceedings commenced by petition {#sec-tcs-1.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.05}

(1) Initiation of proceedings.

(a) The governing body of a county, municipality or school district may file a petition for reorganization.

(b) The relief requested and that may be granted by the board shall be limited to:

The detachment and reattachment of territory of the petitioning county, municipality or school district located in one district to another contiguous district, or
The consolidation of territory of the petitioning county, municipality or school district in one district where the territory of that county, municipality or school district is divided among two or more districts.

The name of the county, municipality or school district filing the petition.
The name, address and telephone number of the specific person to whom all correspondence, notice and communications are to be addressed.
The relief requested as permitted under par. (b).
A clear and concise statement of the reasons that the county, municipality or school district seeks relief as permitted under sub. (1).
The signature of an official of the governing body of a county, municipality or school district. The signature of the official shall constitute a certification that the governing body of the county, municipality or school district has authorized the filing of the petition.

(2) Notice of commencement of proceedings. Upon receipt of the petition the director shall:

(a) Publish a notice in the newspaper selected by each affected district for the publication of proceedings under s. 38.12 (4), Stats., informing the citizens of the affected districts of the institution of the reorganization proceedings, the relief requested by the petitioning county, municipality or school district, the existence of the public comment period established under sub. (4), and the address to which comments should be sent. If no newspaper is published in an affected district and an alternative method for publicizing proceedings under s. 38.12 (4), Stats., has been adopted by the affected district, the board shall use a similar method to provide the notice required by this paragraph. All notices under this paragraph are class 1 notices under ch. 985, Stats., except that they shall be 8-point type or larger.

(b) By certified mail, return receipt requested, notify the district director and district board chairperson of each affected district of the boundary reorganization request and provide them with a copy of the petition along with a notice requiring each affected district to comment as provided in sub. (4).

(3) Studies and investigations. The board may conduct, or cause to be conducted, such studies and investigations as it deems necessary.

(4) Comment period. A 45 day public comment period, commencing on the date of publication of the notice under sub. (2) (a), shall be established for each reorganization proceeding commenced by petition. During this period each affected district shall comment on all of the following:

(a) The estimated fiscal effect of the proposed reorganization upon the district.

(b) The impact of the proposed reorganization upon the educational needs of students enrolled in the district.

(5) Public hearing.

(a) The board shall hold a public hearing following expiration of the public comment period, but in no case more than 90 days after receipt of the petition.

(b) At least 14 days prior to the date scheduled for the hearing, the board shall:

Publish a notice of hearing and a summary of the petition in the same manner as the notice of commencement of proceedings under sub. (2) (a).
By certified mail, return receipt requested, provide a copy of the notice to the district director and district board chairperson of each affected district.

(c) At the hearing, and prior to taking the testimony, the board shall summarize the comments obtained from the public and the affected districts during the public comment period.

(d) The hearing shall be recorded either stenographically or electronically.

(6) Board action. Within 90 days of receipt of the petition, the board shall approve or disapprove the petition and issue a reorganization order under s. TCS 1.06 after considering all of the following:

(a) The estimated fiscal effect of the petitioned reorganization upon the affected districts, including the effect of the apportionment of assets and liabilities.

(b) The educational needs of students enrolled in the affected districts and the impact of the petitioned reorganization upon those needs.

(c) The information obtained from the public hearing and any studies and investigations, the comments from the affected districts and citizens of the affected districts, and any other information the board receives which it determines to be relevant to its decision.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (6) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 1.06 District reorganization orders {#sec-tcs-1.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.06}

(1) Each reorganization order issued under s. TCS 1.04 (3) or 1.05 (6) shall be served by certified mail, return receipt requested, upon the districts affected by the order, and, in the case of a reorganization proceeding initiated by petition, upon the petitioning county, municipality or school district, and shall contain:

(a) A statement of the facts relating to the reorganization.

(b) A decision including a statement of the reasons supporting or denying the reorganization.

(d) A statement of the affected district boards’ obligations under s. 66.0235, Stats., concerning the adjustment of assets and liabilities as a result of the order.

(2) All district reorganization orders shall take effect on the July 1 next succeeding the date of such order, provided, however, that a reorganization order issued after January 1 of any year shall not take effect until July 1 of the following year.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; correction in (1) (d) made under s. 13.93 (2m) (b) 7., Stats., Register July 2002 No. 559.

Chapter TCS 2 DISTRICT BOARD MEMBER APPOINTMENTS

Wis. Admin. Code § TCS 2.01 Purpose {#sec-tcs-2.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.01}

This chapter establishes criteria and procedures for the review of district board member appointments by the board as required under s. 38.04 (15), Stats., interprets the board’s authority to require under s. 38.10 (2) (c), Stats., that district board appointments comply with the plan of representation and interprets s. 38.10 (2) (f) and (fm), Stats., requiring the board to formulate the plan of representation and appoint district board members upon the occurrence of certain specified circumstances.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83; reprinted to correct error, Register, November, 1983, No. 335; am. Register, April, 1990, No. 412, eff. 5-1-90.

Wis. Admin. Code § TCS 2.02 Definitions {#sec-tcs-2.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.02}

(1) “Appointment committee” means the appointment committee constituted under s. 38.10 (1) (a), (b), (c), or (d), Stats.

(2) “Board” means the technical college system board.

(3) With the exception of the district board governing the Milwaukee area technical college, “business and industry” includes every trade, occupation, and profession.

(4) “Employee” means any person who is not an employer as defined under sub. (5) and who receives earnings as payment for personal services, and includes a person acting in the capacity of officer or agent of a labor organization.

(5) Except as provided in sub. (5m), “employer” means any person who receives earnings as payment for personal services and possesses the power to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or adjust employee grievances, or effectively recommend such action, if in connection with the exercise of such power the person exercises independent judgment in relation to the power. Employer does not include a person acting in the capacity of officer or agent of a labor organization.

(5m) For the district board governing the Milwaukee area technical college, “employer” means a business entity, as defined in s. 13.62 (5), Stats., a nonprofit organization that provides health care services, credit union, or cooperative association.

(6) “District” means a technical college district.

(7) “District board” means the district board in charge of the technical colleges of a district.

(8) “Labor organization” means any organization of any kind, or affiliates of any such organization, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.

(9) “Minority” means a person whose race or ethnic group is either:

(a) American Indian or Alaskan Native — a person with origins in any of the original people of North America, and who maintains cultural identification through tribal affiliation or community recognition;

(b) Asian or Pacific Islander — a person having origins in the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands;

(d) Hispanic — a person of Mexican, Puerto Rican, Caribbean, Central or South American or other Spanish culture or origin, regardless of race.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83; renum. (3) to (6) to be (6), (7), (9) and (3), cr (4), (5) and (8), Register, February, 1986, No. 362, eff. 3-1-86; correction in (2), (6) and (7), made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462; CR 12-032: am. (1), (3), (5), cr. (5m) Register August 2013 No. 692, eff. 9-1-13.

Wis. Admin. Code § TCS 2.03 District duties {#sec-tcs-2.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.03}

If requested by the district board appointment committee, the district board shall provide any reasonable and necessary clerical services, support services and information.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83.

Wis. Admin. Code § TCS 2.04 Board review of appointments {#sec-tcs-2.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.04}

(1) Pursuant to s. 38.10 (2) (c), Stats., the board shall review district board appointments to determine whether they comply with the provisions of the plan of representation and the requirements of s. 38.08 (1) (a), Stats. Plans shall be in writing and need not conform to any technical requirements, but shall contain the information required under sub. (2).

(2) At a minimum, the plan of representation prepared by the appointment committee shall include:

(a) A map of the district, and if the district is divided into subunits for appointment purposes, the boundaries of these subunits shall be indicated on the map.

(b) A statement explaining the plan of representation and demonstrating how the plan of representation gives equal consideration to:

The general population distribution of the district.
The distribution of women within the district.
The distribution of minorities within the district.
The distribution of minorities within a city of the 1st class where a district encompasses a city of the 1st class.

(3) To enable the board to determine whether appointments made under the plan of representation are in compliance with the plan and s. 38.08 (1) (a), Stats., the following materials shall be submitted to the board by the appointment committee:

(a) An affidavit of each candidate for a position on the board indicating the candidate’s:

Full legal name.
Home and business address.
Home and business telephone numbers.
Except as provided under subd. 4m., position sought as an employer, employee, additional, elected official, or school district administrator member.

4m. For the district board governing the Milwaukee area technical college, position sought as a school district administrator, elected official, additional member, or member representing an employer. A person seeking appointment as an additional member shall indicate whether he or she is a school district administrator, elected official, or member representing an employer. Candidates seeking appointment as a member representing an employer must identify if the employer has 15 or more employees or 100 or more employees, and whether it is a manufacturing business.

Gender and status as a member of a minority as defined under s. TCS 2.02 (9).
Other qualifications that the candidate desires brought to the attention of the appointment committee.

(b) A written statement:

Explaining how the appointments implement the plan of representation, give equal consideration to the general population distribution and the distribution of women and minorities within the district, and, in districts encompassing a city of the 1st class, the distribution of minorities within the 1st class city, as required under sub. (2) (b).
Describing actions taken to recruit women and minority candidates for positions on the district board.
Explaining how the employer and employee members as appointed are representative of the various businesses and industries in the district as required under s. 38.08 (1) (a) 2., Stats., and sub. (4) (b).
Confirming that each person appointed had his or her name published in at least one notice of a public hearing or meeting of the appointment committee, provided at least 2 written references to the appointment committee, was interviewed by the appointment committee, and attended one public hearing at which his or her appointment was discussed by the appointment committee.

(4) In considering the approval or disapproval of any appointments made under the plan of representation, the board shall determine whether the appointments:

(a) Reasonably represent the general population distribution and the distribution of women and minorities within the district as set forth in the plan of representation.

(b) Reasonably represent the distribution of minorities in a 1st class city where the district encompasses a 1st class city.

(c) Except as provided in par. (e), reasonably represent the various businesses and industries in the district as required for employer and employee members of the district board.

(d) Except as provided in par. (e), result in a district board consisting of 9 members, including 2 employer members, 2 employee members, 3 additional members, a school district administrator as defined under s. 115.001 (8), Stats., and employed by a school board of a school district located in the district, and one elected official who holds a state or local office as defined in s. 5.02, Stats., except for the office of party committeeman or party committeewoman.

(e) For the Milwaukee area technical college district, result in a district board consisting of 9 members who are residents of the district, 7 of whom are residents of Milwaukee County, consisting of one school district administrator as defined under s. 115.001 (8), Stats., one elected official who holds a state or local office, as defined in s. 5.02, Stats., 2 additional members, and 5 persons representing employers as defined in s. TCS 2.02 (5m). Three of the members shall represent employers with 15 or more employees, 2 of the members shall represent employers with 100 or more employees, and at least 2 of the members shall represent employers who are manufacturing businesses.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83; correction in (3) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1985, No. 357; am. (3) (b) 6., Register, September, 1985, No. 357, eff. 10-1-85; am. (3) (a) and (4) (c), r. (3) (b) 5., Register, February, 1986, No. 362, eff. 3-1-86; am. (1), (3) (intro.) and (b) 4. and (4) (d), Register, November, 1988, No. 395, eff. 12-1-88; am. (4) (intro.) and (b), Register, January, 1989, No. 397, eff. 2-1-89; r. (3) (a) and (c), (4) (d), renum. (3) (b), (4) (b) and (c) to be (3) (a), (4) (c) and (d) and am. (4) (d), cr. (2) (b) 4., (3) (b) and (4) (b), am. (3) (b) 4. and (4) (a), Register, April, 1990, No. 412, eff. 5-1-90; correction in (3) (a) 6., made under s. 13.93 (2m) (b) 7, Stats., Register, June, 1994, No. 462; CR 12-032: am. (3) (a) 4., cr. (3) (a) 4m., am. (3) (a) 6., (4) (c), (d), cr. (4) (e) Register August 2013 No. 692, eff. 9-1-13; correction in (4) (e) made under s. 13.92 (4) (b) 7., Stats., Register August 2013 No. 692.

Wis. Admin. Code § TCS 2.05 Notification of board action {#sec-tcs-2.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.05}

(1) Upon approval of the appointment committee’s action appointing board members, the board shall send notice of approval to the chair of the appointment committee, the person appointed and the chair of the district board within 10 days of board action.

(2) Upon disapproval of the appointment committee’s action in appointing board members, the board shall send notice of disapproval to the chair of the appointment committee, person recommended for appointment by the appointment committee and the chair of the district board within 10 days of board action. The notice shall request the appointment committee to hold its first meeting for reconsideration of the appointment action within 30 days of receipt of the notice. Any action of the appointment committee appointing a new district board member shall be resubmitted to the board for its review under s. TCS 2.04. The board shall make appointments to district boards only as permitted under s. TCS 2.06.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83; am. (2), Register, September, 1985, No. 357, eff. 10-1-85; am. (1), Register, April, 1990, No. 412, eff. 5-1-90; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 2.06 Appointments by the board {#sec-tcs-2.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.06}

(1) The board shall make appointments to a district board if one of the following occurs:

(a) The appointment committee cannot reach agreement on the plan of representation or district board membership within 30 days after its first meeting to make appointments, or within 45 days following receipt of the board’s notice of disapproval under s. TCS 2.05 (2).

(b) The appointment committee, after receiving the board’s notice of disapproval under s. TCS 2.05 (2), makes appointments that are resubmitted for board review under s. TCS 2.04 and are again found by the board to be in noncompliance with the plan of representation or s. 38.08 (1) (a), Stats.

(2) If the board is required to make appointments the appointment committee shall forward to the board the most recent approved plan of representation, the affidavit of each applicant required under s. TCS 2.04 (3) (b), and, for appointment matters arising under sub. (1) (a), a statement explaining the reasons the appointment committee could not reach agreement.

(3) If there are insufficient candidates for a specific position on the district board, or if the board in its judgment determines that there are insufficient candidates to make an appointment, the board shall publish a notice in the district soliciting the submission of names and qualifications of candidates.

(4) Upon appointment of a candidate to a position on the district board, the board shall, in writing, notify the chair of the appointment committee, the candidate and the chair of the district board of the board’s action.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1985, No. 357; am. (1) and (2), Register, September, 1985, No. 357, eff. 10-1-85; r. and recr. (1) and (2), Register, November, 1988, No. 395, eff. 12-1-88; correction in (1) (a) and (b) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Chapter TCS 3 CERTIFICATION OF PERSONNEL REQUIREMENTS AND PROCEDURES

Wis. Admin. Code § TCS 3.01 Purpose and application {#sec-tcs-3.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.01}

(1) Purpose. The purpose of this chapter is to establish standards and procedures pursuant to s. 38.04 (4) (a), Stats., for the approval of minimum requirements for district educational personnel who provide instruction in courses that apply to a degree or adult basic education.

(2) Applicability. This chapter applies to all district instructors teaching courses that apply to a degree or adult basic education. It does not apply to instructors teaching adult continuing education or community service/avocational courses listed under aid code 42, 47, or 60, as defined in the Wisconsin technical college system educational services manual as follows: aid code 42 applies to general adult educational offerings that contribute to basic education, citizenship, and community safety for the general public; aid code 47 occupational adult applies to educational offerings with a definite vocational/technical objective designed to either provide future employment or upgrade individuals in their present occupations; and aid code 60 applies to educational offerings that are leisure-time, self-enrichment activities including arts, crafts, games, hobbies, sports, recreation, and foreign language conversation.

History

CR14-022: cr. Register June 2015 No. 174, eff. 7-1-15.

Wis. Admin. Code § TCS 3.02 Definitions {#sec-tcs-3.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.02}

In this chapter:

(1) “Academic instructor” means a person teaching one or more courses in academic subjects such as mathematics, social science, English, communications, and science where the knowledge and skills taught are obtained by the instructor through collegiate preparation.

(2) “Accredited” means official recognition as a public or private educational institution by an accrediting agency recognized by the U.S. department of education.

(3) “Board” means the Wisconsin technical college system board.

(4) “Currency” means ongoing engagement in assigned occupational or academic area or areas that ensure instructors meet the most recent standards of practice for professions associated with their assigned content areas.

(5) “Director” means the person appointed as the system president by the board under s. 38.04 (2), Stats.

(6) “District” means a technical college district established under ch. 38, Stats.

(7) “District board” means the district board in charge of the technical colleges of a district.

(8) “District director” means the person employed by a district board under s. 38.12 (3) (a) 1., Stats.

(9) “Employed full-time” means employed by a district as an academic or occupational instructor in a position that qualifies as full-time according to district policy or standards.

(10) “Employed part-time” means employed by a district as an academic or occupational instructor in a position that qualifies as part-time according to district policy or standards.

(11) “Faculty Quality Assurance System” means the system used to ensure compliance under this chapter.

(12) “Higher Learning Commission” means the independent corporation that accredits degree-granting post-secondary educational institutions in the north central region, thereby granting accredited institutions membership in the commission and in the north central association.

(13) “Occupational instructor” means a person employed by a district to teach one or more courses that are vocational, technical, or apprentice-related in nature and that apply toward a degree.

(14) “Postsecondary degree granting institution” means a public or private educational institution awarding an associate, baccalaureate, or graduate degree.

(15) “Required occupational experience” means occupational experience that is documented by a district director’s or designee’s reference check.

(16) “Subject matter expert” means an individual with scientific, technical, or other specialized knowledge in a specific subject matter, profession, or field of study exhibited by or obtained through knowledge, skill, experience, training, education, or a combination thereof.

History

CR14-022: cr. Register June 2015 No. 174, eff. 7-1-15.

Wis. Admin. Code § TCS 3.03 District documentation of instructor credentials {#sec-tcs-3.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.03}

Prior to being assigned to teach any course, a person employed by a district as an academic or occupational instructor shall provide all of the following to the district director or designee.

(1) Official transcripts of undergraduate and graduate credits from accredited postsecondary degree granting institutions to document compliance with educational requirements under this chapter.

(2) Copies of professional or occupational licenses required by a state or federal agency for employment in the occupation or profession.

(3) Verification from accredited postsecondary degree granting institutions of appropriate teaching experience.

(4) Verification of required occupational experience for occupational instructors.

History

CR14-022: cr. Register June 2015 No. 174, eff. 7-1-15.

Wis. Admin. Code § TCS 3.04 Instructor requirements {#sec-tcs-3.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.04}

(1) Each academic and occupational instructor shall meet applicable requirements established by the higher learning commission and federal and state licensing requirements.

(2) Each occupational instructor shall have a minimum of 2 years (4,000 hours) of occupational experience in a target job for the program or programs being taught, of which at least 1 year (2,000 hours) shall be within 5 years prior to the date of appointment. One year (2,000 hours) of related occupational experience may be waived if the occupational instructor has at least 2 years of post-secondary teaching experience in the appropriate occupational field within 5 years prior to the date of appointment. Two years of post-secondary teaching experience means 8 semesters of part-time teaching or 4 semesters of full-time teaching at an accredited post-secondary degree granting institution.

(3) An exception to the occupational experience requirements under sub. (2) may be granted by the district director or designee for any of the following:

(a) Emergency staffing situations.

(b) Pending credentials.

(d) Emerging fields.

(e) Lack of candidate availability.

(4) An occupational experience exception under sub. (3) shall only be allowed if a plan is approved by the district director or designee to ensure the occupational instructor granted the exception complies with occupational experience requirements within the time period specified pursuant to s. TCS 3.05 (2).

History

CR14-022: cr. Register June 2015 No. 174, eff. 7-1-15; correction in (3) (a) to (d) made under s. 35.17 Register June 2015 No. 174.

Wis. Admin. Code § TCS 3.05 Faculty Quality Assurance System {#sec-tcs-3.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.05}

Each district shall provide annual reports as required by the director on its activities to maintain a faculty quality assurance system that includes all of the following:

(1) District recruitment and hiring procedures for academic and occupational instructor positions that include all of the following:

(a) Demonstrate efforts to achieve a diverse instructor population.

(b) Include subject matter expert participation in the development of each new instructor position.

(d) Comply with board policy on criminal background checks.

(e) Verify prospective employee qualifications.

(f) Address onboarding for new employees through providing a district employee handbook or standard operating practice and the Wisconsin technical college system mission, vision and strategic direction.

(2) Professional development plans for each academic and occupational instructor that include all of the following:

(a) Identifies how the instructor will complete all director-approved competencies within 3 years of the date of employment if employed full-time or within 5 years of the date of employment if employed part-time.

(b) Ensures the instructor maintains currency in his or her assigned content areas. The district director or designee shall establish a process to maintain currency of academic and occupational instructors.

(c) Fulfills occupational experience requirements within the time period specified by the district director or designee for an occupational instructor hired pursuant an occupational experience exception under s. TCS 3.04 (3).

(d) Complies with all other requirements and policies set forth by the Wisconsin technical college system state board or director.

(3) A performance evaluation system for each full-time academic or occupational instructor that includes all of the following:

(a) Documentation that the instructor and the instructor’s supervisor discussed and set instructor goals.

(b) Data measures that will be used to assess instructor performance.

(4) A process for evaluating academic and occupational instructors who are less than full-time.

(5) A plan that provides peer coaching or mentoring for all academic and occupational instructors.

History

CR14-022: cr. Register June 2015 No. 174, eff. 7-1-15; correction in (1) (a) to (e), (2) to (5) made under s. 35.17 Register June 2015 No. 174.

Wis. Admin. Code § TCS 3.06 Review of district compliance {#sec-tcs-3.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.06}

The director or designee shall review district compliance with the requirements established in this chapter under ss. TCS 3.03, 3.04, and 3.05 at least once every 3 years.

History

CR14-022: cr. Register June 2015 No. 174, eff. 7-1-15.

Chapter TCS 4 ADMINISTRATIVE HEARING PROCEDURES

Wis. Admin. Code § TCS 4.01 Definitions {#sec-tcs-4.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.01}

(1) “Board” means the technical college system board.

(3) “Code” means the Wisconsin Administrative Code.

(4) “District” means a technical college district.

(5) “Hearings” means both hearings and rehearings and this chapter shall cover both so far as applicable, except where otherwise specifically provided for by statute or this chapter.

(6) “State director” includes the designee of the state director whenever detailed by the state director or discharging the duties and exercising the powers of the state director on appeals and hearings during his or her absence.

(7) “Statutes” means the Wisconsin Statutes.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (2), Register, September, 1985, No. 357, eff. 10-1-85; correction in (1), (2) and (4) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1994, No. 462; 2015 Wis. Act 329: r. (2) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § TCS 4.02 Communications and documents addressed to the board {#sec-tcs-4.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.02}

(1) All written communications and documents, submitted pursuant to this chapter, should be addressed to the State Director, Wisconsin Technical College System Board. All documents and communications delivered at the office of the state director are officially received.

(2) The state director may designate agents to receive written communications and documents. Hearing examiners will receive communications and documents at hearings.

(3) Office hours are those listed in s. 230.35 (4) (f), Stats. Offices are closed on Saturdays and Sundays and on holidays listed in s. 230.35 (4) (a), Stats.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction in (1) made under s. 13.93 (2m) (b) 6., Stats., Register, September, 1985, No. 357; correction in (1) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462; 2015 Wis. Act 329: am. (1) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § TCS 4.03 Location of hearing {#sec-tcs-4.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.03}

Unless otherwise ordered in the notice of hearing or specifically provided by law, all hearings shall be held at the office of the board.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462; 2015 Wis. Act 329: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § TCS 4.04 Parties {#sec-tcs-4.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.04}

Parties to proceedings are known as petitioners, respondents, intervenors, applicants, and objectors, according to the nature of the proceeding and relationship of the parties to the proceedings. Parties filing petitions for review are petitioners, those opposing such petitioners are respondents.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; CR 21-036: cons. (intro.) and (2) and renum. to TCS 4.04, r. (1) Register August 2021 No. 788, eff. 9-1-21.

Wis. Admin. Code § TCS 4.05 Service of papers and documents {#sec-tcs-4.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.05}

(1) Manner of service. Except as otherwise specifically required, service of documents required to be served may be made by personal delivery or by mailing a copy to the last known post office address of the person to be served, in a sealed envelope with first class postage affixed, and shall be deemed to have been served upon deposit in the U.S. mails.

(2) Date of service. The date of service shall be either the day when the document served is deposited in the mail or is delivered in person.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § TCS 4.06 Form and style of pleadings {#sec-tcs-4.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.06}

All pleadings, notices, orders and other papers filed in connection with any matter or proceeding before the board shall be captioned “STATE OF WISCONSIN, TECHNICAL COLLEGE SYSTEM BOARD” and entitled “In the Matter of ___________________ (here state the nature of the proceeding) of____________________(here state the name of the aggrieved party).” All papers filed at or in reference to any hearing shall be either printed or typewritten and, except such parts as may be on official forms or other forms or documents in regular use in matters pertaining to vocational education, all pleadings, notices, exhibits, papers and documents filed or presented at any hearings shall be on paper not more than 8 1⁄2 inches wide and 11 inches long. The original shall be filed with the board or the hearing examiner conducting the hearing, and a copy thereof shall be furnished to each party or person interested who enters an appearance in the proceedings. The original of such paper (except exhibits offered as evidence) shall be dated and signed with the handwritten signature of the party, or of an officer, agent, employee, or attorney appearing for or with the party in the proceeding, and the name and mailing address of the party or of the representative appearing and signing the same shall be printed or typed immediately following the written signature.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 4.07 How proceedings instituted {#sec-tcs-4.07 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.07}

Proceedings for a hearing upon a matter shall be initiated on a petition for review by an aggrieved individual or technical college district.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; corrections made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462; CR 21-036: cons. (intro.) and (1) and renum. to TCS 4.07 and am., r. (2) Register August 2021 No. 788, eff. 9-1-21.

Wis. Admin. Code § TCS 4.08 Contents of petition for review {#sec-tcs-4.08 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.08}

A petition for review shall be in writing and shall contain:

(1) The name, place of residence and post office address of the petitioner.

(2) A concise statement of the grounds for the petition.

(3) A signature of the petitioner or duly authorized agent.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; CR 21-036: r. (3), renum. (4) to (3) Register August 2021 No. 788, eff. 9-1-21.

Wis. Admin. Code § TCS 4.10 Notice of hearing {#sec-tcs-4.10 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.10}

(1) Form. Notice of hearing shall be in writing, with a title identifying the matter to be set for hearing.

(2) Content. The notice of hearing shall contain the following information:

(a) Date, time and location of hearing;

(b) The reason for the hearing;

(d) Any other information as the board may deem appropriate.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § TCS 4.11 Prehearing conferences {#sec-tcs-4.11 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.11}

Prehearing conferences may be held at the convenience of the parties and shall be conducted by the hearing examiner designated pursuant to s. TCS 4.12, who shall keep a record of any agreement as to the issues, or stipulation or admission of fact which may be made at such conference or conferences. Such record shall be attached to the file in memorandum form and constitute a part of the official record of the proceeding.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, September, 1985, No. 357, eff. 10-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 4.12 Conduct of hearings {#sec-tcs-4.12 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.12}

(1) Hearing examiner. Unless otherwise ordered by the board, all hearings shall be conducted on behalf of the board by a hearing examiner designated by the state director, who shall, in addition to any powers contained in this chapter, have all powers of a hearing examiner permitted by ch. 227, Stats.

(2) Procedure. The hearing examiner will open the hearing and make a concise statement of its scope and purposes. If the matter is contested, the hearing examiner will state the issues in the proceedings. Thereafter, parties may make motions or opening statements.

(3) Opening statements. When opening statements are made they shall be confined to:

(a) A brief summary or outline in clear and concise form of the evidence to be offered; and

(b) A statement of ultimate legal points relied upon.

(4) Off record. Parties may be off the record only when the hearing examiner permits. If a discussion off the record is deemed pertinent by the hearing examiner, the hearing examiner may summarize it on the record.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § TCS 4.13 Appearances {#sec-tcs-4.13 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.13}

Parties may appear in person or by a regularly employed employee or agent, or by a duly authorized attorney at law, and if a corporation by any of its active officers. Upon an appearance at a hearing the name and mail address of the party appearing and the name and mail address of any agent, employee, officer or attorney appearing with or for the party shall be furnished and entered in the record of the proceedings, and the appearances so made and the mail addresses so given shall be binding on the party unless and except as modified by written notice to the state director or the hearing examiner conducting the hearing and to all other parties appearing in the proceeding and served as provided by s. TCS 4.05 which when so modified shall in turn have the same force and effect as in the first instance.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, September, 1985, No. 357, eff. 10-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; CR 21-036: renum. (1) to TCS 4.13, r. (2) Register August 2021 No. 788, eff. 9-1-21.

Wis. Admin. Code § TCS 4.14 Order of presenting evidence {#sec-tcs-4.14 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.14}

Evidence ordinarily will be presented upon petitions: a) petitioner and supporting witnesses and b) respondent and supporting witnesses.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; CR 21-036: cons. (intro.) and (2) and renum. to TCS 4.14 and am., r. (1) Register August 2021 No. 788, eff. 9-1-21.

Wis. Admin. Code § TCS 4.15 Evidence and official notice {#sec-tcs-4.15 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.15}

Rules of evidence are governed by s. 227.45, Stats.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525.

Wis. Admin. Code § TCS 4.16 Defaults {#sec-tcs-4.16 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.16}

If a party who has received notice of a hearing fails to appear at the hearing, the hearing examiner may proceed with the hearing and, on the evidence presented, may make a decision and issue an order.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § TCS 4.17 Subpoenas and witnesses {#sec-tcs-4.17 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.17}

The hearing examiner designated to conduct the hearing may sign and issue subpoenas for the attendance of witnesses or parties at hearings.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § TCS 4.18 Record of hearings {#sec-tcs-4.18 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.18}

(1) Method. Hearings will be recorded either stenographically or mechanically, and the transcript together with all exhibits, shall be a part of the official record of such proceeding. A typed transcript will be made when deemed necessary by the board. If a transcript is made by the board, copies will be furnished to all persons upon request at a reasonable cost. If no transcript is deemed necessary by the board and a party requests that one be prepared, that party shall be responsible for all costs of transcript preparation. In lieu of a transcript the board will provide any person a copy of the tape recording of the hearing if mechanically recorded upon request and at a reasonable cost. All requests pursuant to the foregoing shall be made in writing and presented to the hearing examiner at the hearing.

(2) Financial need. Any party who by affidavit or other appropriate means can establish to the board’s satisfaction that the party is impecunious may be provided a copy of the transcript or a copy of the tape recording without charge.

(3) Errors in record. Any party, within 7 days of the date of mailing of the transcript, may file with the board a notice in writing of any claimed error in the record and shall mail a copy of the notice to each party of record. All parties will be advised by the board of any authorized corrections to the record.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § TCS 4.19 Stipulations {#sec-tcs-4.19 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.19}

All stipulations or agreements in reference to a matter that is the subject of a hearing shall be either dictated at length into the record, or reduced to writing, shall be signed by the persons or parties stipulating, and filed as a part of the record of the proceedings. Controversies, or matters which may be the subject of a hearing, may be disposed of by stipulation, agreed settlement, or consent orders.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § TCS 4.20 Motions {#sec-tcs-4.20 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.20}

(1) Procedure. Unless made during a hearing or prehearing conference, all motions shall be made in writing, shall state with particularity the grounds for the motion and the relief or order sought. A notice of motion is not required, notice being satisfied by service of the copy of the motion.

(2) Supporting papers. A brief or other papers in support of a motion including affidavits and documentary evidence, shall be served and filed with the motion.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § TCS 4.21 Oral statements and arguments {#sec-tcs-4.21 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.21}

Parties may make opening statements after appearances have been entered, and any party to the proceeding may make closing argument at the close of the hearing, which shall not be included in the stenographic or mechanical report of the hearing, unless the presiding officer so directs. The hearing examiner may in his or her discretion, limit the amount of time for opening statement or closing arguments.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § TCS 4.22 Briefs {#sec-tcs-4.22 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.22}

The hearing examiner at the hearing shall indicate whether or not briefs are desired and may impose a briefing schedule. If the time for filing briefs has expired and the brief of one or more of the parties has not been filed within the prescribed time, the board may proceed to its determination of the matter. Extension of time to file briefs may be granted by the hearing examiner upon good cause shown.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § TCS 4.23 Decisions {#sec-tcs-4.23 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.23}

Where a proposed decision is prepared and circulated pursuant to s. 227.46 (2) or (4), Stats., objections thereto shall be filed within 15 days of service unless a different period is specified by the hearing examiner or board. Objections and briefs shall be filed together and served on all parties.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525.

Wis. Admin. Code § TCS 4.24 Petition for rehearing {#sec-tcs-4.24 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.24}

The board shall not grant a rehearing except upon formal petition being filed with the board within 20 days after service of the final order and decision. Rehearing will be granted only on the basis of some material error of law or fact, or new evidence sufficiently strong to reverse or modify the order, and which could not have been previously discovered by due diligence. The board may order a rehearing or enter an order with reference to the petition without a hearing, and shall dispose of the petition within 20 days after it is filed. If the board does not enter an order disposing of the petition within the 20 day period, the petition shall be deemed to have been denied as of the expiration of the 20 day period.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Chapter TCS 5 FACILITY DEVELOPMENT PROCEDURES

Wis. Admin. Code § TCS 5.01 Purpose {#sec-tcs-5.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.01}

The purpose of this chapter is to set forth procedures for board approval of requests by district boards for land acquisition, additional or new facilities, rentals and remodeling of existing facilities under s. 38.04 (10), Stats.

History

Cr. Register, November, 1983, No. 335, eff. 12-1-83.

Wis. Admin. Code § TCS 5.02 Definitions {#sec-tcs-5.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.02}

In this chapter:

(1) “Additional or new facilities” means construction of new facilities or elevated walkways or the completion of a shell from prior construction.

(2) “Board” means the technical college system board.

(3) “Director” means the person appointed by the board under s. 38.04 (2), Stats.

(4) “District” means a technical college district established under ch. 38, Stats.

(5) “District board” means the district board in charge of the technical colleges of a district.

(6) “HVAC system” means heating, ventilation and air-conditioning system.

(7) “Land acquisition” means the acquisition of real property by purchase, lease/purchase, gift or trade.

(8) “Remodeling of existing facilities” means the reconstruction of an existing structure, or a major portion thereof, for the purpose of making permanent improvements.

(9) “Rentals” means the acquisition of a parcel of land or site, together with the structures, equipment and improvements on or appurtenant to the land or site by lease agreement.

History

Cr. Register, November, 1983, No. 335, eff. 12-1-83; am. (9), Register, July, 1986, No. 367, eff. 8-1-86; correction in (2), (4) and (5) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 5.03 Submission of request {#sec-tcs-5.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.03}

Requests for board approval of proposals for land acquisition, additional or new facilities, rentals or remodeling of existing facilities shall be submitted by the district board to the director no less than 45 days prior to the board meeting at which the proposal will be reviewed.

History

Cr. Register, November, 1983, No. 335, eff. 12-1-83.

Wis. Admin. Code § TCS 5.04 Contents of submittal {#sec-tcs-5.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.04}

(1) Land acquisition. A district board shall submit the following information relative to proposals for land acquisition for evaluation by the board:

(a) A resolution of the district board approving the land acquisition contingent upon board approval.

(d) A copy of a certified land survey indicating the boundaries and legal description of the land to be acquired.

(e) A report relating programmatic and student requirements, and the needs of business and industry, to the need for land acquisition. The report shall include data indicating the need for land acquisition based upon:

An analysis of the needs of business and industry for persons with new skills and persons with updated skills.
An analysis of available student stations, and the need for additional student stations, including consideration of the needs of persons with handicaps.
Relevant program trend data for the district, including enrollment and placement data as available.

(f) A statement of the costs to be incurred for the land acquisition, including survey and legal fees.

(g) A statement indicating the availability and specific source of funds for the land acquisition.

(2) Additional and new facilities. A district board shall submit the following information relative to proposal for additional or new facilities for evaluation by the board:

(a) A resolution of the district board approving the additional or new facilities.

(d) A report relating programmatic and student station requirements, and the needs of business and industry, to the need for additional or new facilities. The report shall include data indicating the need for additional or new facilities based upon:

An analysis that considers the joint use of facilities as required under s. 20.901 (4), Stats.
An analysis of needs of business and industry for persons with new skills and persons with updated skills.
An analysis of available student stations, and the need for additional student stations, including a consideration of the needs of persons with handicaps.
Relevant program trend data for the district, including enrollment and placement data as available.

(e) Educational specifications relating specific space requirements for approved programs to the need for additional or new facilities.

(f) An analysis of the fiscal impact of additional or new facilities on the district’s operating budget, including availability and specific source of funds as required under s. TCS 5.05.

(g) A conceptual sketch of the proposed additional or new facilities.

(h) The estimated project cost by the following categories:

General construction
Heating, ventilating and air-conditioning
Electrical
Plumbing
Other contracts
Equipment, both fixed and movable
Miscellaneous costs
Fees

(i) A copy of the district energy study analysis indicating compliance with s. 1.12, Stats.

(3) Rentals. Except as provided under s. TCS 5.09 (2), a district board shall submit the following information relative to proposals for rentals for evaluation by the board:

(a) A resolution of the district board approving the lease contingent upon board approval.

(d) A report relating programmatic and student requirements, and the needs of business and industry, to the need for the rental. The report shall include data indicating the need for the rental based upon:

An analysis of the needs of business and industry for persons with new skills and persons with updated skills.
An analysis of available student stations, and the need for additional student stations, including a consideration of the needs of persons with handicaps.
Relevant program trend data for the district, including enrollment and placement data as available.

(e) An analysis of the fiscal impact of the rental on the district’s budget, including the availability and specific source of funds as required under s. TCS 5.05.

(4) Remodeling. Except as provided under s. TCS 5.09 (1), a district board shall submit the following data relative to proposals for remodeling existing facilities for evaluation by the board:

(a) A resolution of the district board approving the remodeling of existing facilities.

(d) A report relating programmatic and student requirements, and the needs of business and industry, to the need for remodeling of existing facilities. The report shall include data indicating the need for remodeling of existing facilities based upon:

An analysis of the needs of business and industry for persons with new skills and persons with updated skills.
An analysis of available student stations, and the need for additional student stations, including a consideration of the needs of persons with handicaps.
Relevant program trend data for the district, including enrollment and placement data as available.

(e) Educational specifications relating specific space requirements for approved programs to the need for remodeling of existing facilities.

(f) An analysis of the fiscal impact of the remodeling of existing facilities on the district’s budget, including the availability and specific source of funds as required under s. TCS 5.05.

(g) A conceptual sketch of the remodeling.

(h) The estimated project cost by the following categories:

General construction
Heating, ventilating and air-conditioning
Electrical
Plumbing
Other contracts
Equipment, both fixed and movable
Miscellaneous costs
Fees

(i) A copy of the district energy study analysis indicating compliance with s. 1.12, Stats.

History

Cr. Register, November, 1983, No. 335, eff. 12-1-83; am. (2) (f), (3) (e) and (4) (f), Register, September, 1985, No. 357, eff. 10-1-85; am. (3) (intro) and (4) (intro), Register, July, 1986, No. 367, eff. 8-1-86; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; CR 13-050: r. (1) (b), (e) 2., am. (1) (e) 4., r. (2) (b), (d) 3., am. (2) (d) 5., r. (2) (j), (k), (3) (b), (d) 2., am. (3) (d) 4., r. (4) (b), (d) 2., am. (4) (d) 4., (i), r. (4) (j) Register September 2014 No. 705, eff. 10-1-14.

Wis. Admin. Code § TCS 5.05 Fiscal impact {#sec-tcs-5.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.05}

The analysis of the fiscal impact of additional or new facilities, rentals and remodeling of existing facilities submitted to the board under s. TCS 5.04 (2) (f), (3) (e) and (4) (f) shall include:

(1) Data relative to increased instructional costs, increased administrative, maintenance and energy costs and costs for new or replacement equipment resulting from the additional or new facilities, rentals or remodeling of existing facilities.

(2) A list of the source of funds in substantially the following form:

(a) Tax levy - FY___________ _____________

(b) Fund transfer or reserve fund _____________

(d) Other funds:

Federal funds ______________
Gifts or grants ______________

(e) Total funds ______________

History

Cr. Register, November, 1983, No. 335, eff. 12-1-83; am. (intro.), Register, September, 1985, No. 357, eff. 10-1-85; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; CR 13-050: r. (3) Register September 2014 No. 705, eff. 10-1-14.

Wis. Admin. Code § TCS 5.06 Notification of review {#sec-tcs-5.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.06}

The director shall notify the district board at least 7 days prior to board review of the proposals for land acquisition, additional or new facilities, rentals or remodeling of existing facilities of the director’s recommendation to the board and the rationale for the recommendation. The district board or its designee may appear before the board to submit any data or information in support of the district board’s proposal.

History

Cr. Register, November, 1983, No. 335, eff. 12-1-83; CR 13-050: am. Register September 2014 No. 705, eff. 10-1-14.

Wis. Admin. Code § TCS 5.07 Notification of board action {#sec-tcs-5.07 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.07}

The director shall notify the district board of the board’s decision within 10 days of the board meeting where the proposal is reviewed.

History

Cr. Register, November, 1983, No. 335, eff. 12-1-83.

Wis. Admin. Code § TCS 5.08 Criteria used in review {#sec-tcs-5.08 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.08}

(1) The board shall review proposals for approval of land acquisitions, additional or new facilities, rentals or remodeling based upon the information and data submitted to it under this chapter.

(2) Information and data required under s. TCS 5.04 (1) to (4) shall be reviewed on the basis of acceptable or not acceptable.

History

Cr. Register, November, 1983, No. 335, eff. 12-1-83; am. (2), Register, September, 1985, No. 357, eff. 10-1-85; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 5.09 Exclusion of minor remodeling and minor rentals {#sec-tcs-5.09 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.09}

(1) Remodeling of existing facilities where project costs for a fiscal year do not exceed $100,000 per single campus site, as determined by the board under s. TCS 7.07 (6), are considered minor remodeling and are exempt from board review and approval under s. 38.04 (10) (a), Stats., and this chapter.

(2) Rentals of $50,000 or less and where the term of the lease is 3 years or less are considered minor rentals and are exempt from approval under s. 38.04 (10) (a), Stats., and this chapter.

History

Cr. Register, July, 1986, No. 367, eff. 8-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; CR 13-050: am. Register September 2014 No. 705, eff. 10-1-14; 2015 Wis. Act 329: am. (1) Register April 2016 No. 724, eff. 5-1-16.

Chapter TCS 6 GENERAL DISTRICT POLICIES

Wis. Admin. Code § TCS 6.01 Purpose {#sec-tcs-6.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.01}

The purpose of this chapter is to establish policies and procedures under s. 38.04 (14) (a), Stats., relating to district employee and district board member travel and expenses, procurement and personnel, and to administratively interpret s. 38.12 (7), Stats., requiring district boards to establish written policies under these rules.

History

Cr. Register, September, 1984, No. 345, eff. 10-1-84.

Wis. Admin. Code § TCS 6.02 Definitions {#sec-tcs-6.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.02}

In this chapter:

(1) “Board” means the technical college system board.

(2) “District” means a technical college district.

(3) “District board” means the district board in charge of the technical colleges of a district.

(4) “District director” means the person employed by a district board under s. 38.12 (3) (a) 1., Stats.

History

Cr. Register, September, 1984, No. 345, eff. 10-1-84; corrections made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 6.03 General district policies {#sec-tcs-6.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.03}

Each district board shall adopt, subject to review and approval by the board, written policies and procedures on district employee and district board member travel and expenses, procurement, and personnel, including the district director. Policies and procedures, and amendments to policies and procedures, adopted by a district board under this chapter shall be forwarded to the board within 30 days of adoption.

History

Cr. Register, September, 1984, No. 345, eff. 10-1-84.

Wis. Admin. Code § TCS 6.04 Employee and district board member travel and expense reimbursement {#sec-tcs-6.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.04}

Policies and procedures on travel and expense reimbursement adopted by district boards shall, at a minimum:

(1) Specify those expenses incurred by district employees and district board members that are reimbursable by the district.

(2) Specify that reimbursement for travel and other expenses incurred by district employees and district board members, in the performance of their official duties, may not exceed the actual, necessary and reasonable expenses as determined under sub. (3), except in unusual circumstances when accompanied by a full explanation of the reasonableness of the expense.

(3) Establish uniform daily maximum permitted amounts to be reimbursed by the district for meals, lodging costs and porterage tips incurred by district employees and district board members in the performance of their official duties. Separate rates may be established for in-state travel and travel to high cost out-of-state cities.

(4) Establish a standardized expense voucher and procedures for submission of the voucher. The expense voucher shall include the dates of travel, the purpose of travel, an itemized listing of all travel and expenses incurred, the method of travel and a statement of any expenses billed directly to the district. The expense voucher shall be signed by the district employee or board member claiming reimbursement, and shall contain a statement that all travel expense items represent the actual, necessary and reasonable expenses incurred in the performance of that person’s official duties, and that no portion of the claim was provided free of charge, was previously reimbursed by the district or was reimbursed by a person or organization other than the district.

(5) Specify the documentation that shall be submitted with the expense voucher.

(6) Establish a procedure for auditing the expense voucher prior to payment.

(7) Establish a travel authorization procedure.

History

Cr. Register, September, 1984, No. 345, eff. 10-1-84.

Wis. Admin. Code § TCS 6.05 Procurement {#sec-tcs-6.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.05}

(1) Definitions. In this section:

(a) “Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

(b) “Contract” means all types of agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, equipment, or construction.

(d) “Employee” means an individual who draws a salary or wages from the district, and any noncompensated individual performing services for the district.

(e) “Governmental unit” means the state, any county, town, city, village, or other political subdivision or any combination thereof, or any department, division, board or other agency of any of the foregoing.

(f) “Person” means any business, individual, union committee, club, other organization, or group of individuals.

(g) “Public construction” includes all labor and materials used in the framing or assembling of component parts in the erection, installation, enlargement, alteration, repair, conversion, razing, demolition or removal of any fixed equipment, building or facility.

(h) “Procurement” means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services, equipment or construction, and includes any other activity pertaining to obtaining supplies, services, equipment or construction.

(i) “Service” means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements.

(2) Policies and procedures. Each district board shall adopt procurement policies and procedures that, at a minimum do all of the following:

(a) Delegation. Identify those employees, by functional title, who are responsible for administering the district’s procurement policy.

(b) Code of conduct. Establish a procurement code of conduct that shall, except as provided under s. 946.13, Stats., prohibit any employee involved in procurement from having a financial interest in any procurement, and prohibit any employee involved in procurement from receiving any gratuity or other financial gain from any contractor.

(c) Competitive bids. Require that all procurements where the total cost exceeds $50,000 and public construction under ss. 38.18 and 62.15 (1), (11), and (14), Stats., where the total cost exceeds $25,000 be accomplished through the use of competitive bids except as provided by pars. (d), (e), and (i).

(d) Sole source procurement. Provide for sole source procurement where the district board determines that there is only one source for the required supply, service, equipment or construction item; where the required supply, service, equipment or construction item is to be purchased from another governmental body; or where cooperative purchasing under s. 16.73, Stats., is utilized or a cooperative purchasing association is recognized by the state director that has a competitive purchasing process that is substantially equivalent to the minimum requirements set forth in this section. The district board may delegate the power for authorizing sole source procurement to the district director who may with the approval of the district board redelegate this responsibility to other employees of the district.

(e) Competitive selection. Provide for competitive selection procedures in lieu of competitive bids for procuring the services of accountants, physicians, lawyers, dentists, and other providers of services where the district board determines that competitive selection in lieu of competitive bids is in the best interest of the district.

(f) Solicitation of written quotes. Except as provided under pars. (d), (e), and (i), require that all procurements where the total cost equals or exceeds $25,000 and does not exceed $50,000 be accomplished through the solicitation of written quotations from a minimum of 3 contractors or proposed contractors.

(g) Procurements less than $25,000. Establish a procedure for all procurements where the total cost is less than $25,000.

(h) Annual review. Require an annual review, based on a report that aggregates multiple purchases of similar goods, supplies, and services of all procurements made under pars. (f) and (g), to determine if a more competitive procurement process should be used in succeeding years. The district board shall take formal action on this report and such action shall be reflected in the district board’s proceedings.

(i) Emergency procurement. Establish a procedure for emergency procurements where there exists a threat to the continued operation of the district or to the health, safety or welfare of students, employees or residents of the district. Emergency procurements shall be evidenced by a written determination of the basis of the emergency and of the selection of a particular contractor.

(j) Records required. Require that records be created and retained for all procurements where the total cost equals or exceeds $25,000. These records shall include:

The rationale for the method of procurement.
The rationale for selection or rejection of any contractor or proposed contractor.
The basis for cost or price.

(k) Audits. Establish a procedure for audit and oversight of all procurements.

(L) Disclosure of evaluation criteria. Require that evaluation criteria related to bids and competitive selection procedures be disclosed in the specifications provided to prospective vendors.

(m) Adherence to federal regulations. Require that all federally funded procurements be made according to the appropriate federal regulations.

History

Cr. Register, September, 1984, No. 345, eff. 10-1-84; am. (2) (c) and (L), Register, September, 1995, No. 477, eff. 10-1-95; r. and recr. (2) (intro.), (h) and (L), am. (2) (c), (d), (f), (g), (j) (intro.) and (m), Register, April, 1999, No. 520, eff. 5-1-99; CR 11-053: am. (2) (c), (f), (g), (j) (intro.) Register July 2012 No. 679, eff. 8-1-12.

Wis. Admin. Code § TCS 6.06 Personnel {#sec-tcs-6.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.06}

Policies and procedures on personnel shall, at a minimum, subject to existing and future collective bargaining agreements:

(1) Establish a code of ethics for all district employees that shall include:

(a) Standards of conduct relating to outside employment.

(b) Procedures to avoid conflicts of interests.

(2) Establish procedures for personnel evaluations and personnel actions.

(3) Delineate the organizational structure of the district.

(4) Establish a grievance procedure for non-represented employees.

(5) Require a contract incorporating the provisions of s. 38.28 (5), Stats., for every teacher, administrator, supervisor and the district director. This subsection does not apply to persons employed by the district board for less than 30 hours per week.

(6) Establish a system of personnel descriptions delineating the duties and responsibilities of employees of the district, and procedures for updating these personnel descriptions.

(7) Require an affirmative action plan to achieve a balanced workforce.

(8) Establish a policy and procedures to prohibit discrimination in employment on the basis of persons’ age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record or conviction record. Policies and procedures established under this subsection shall conform with ss. 111.31 to 111.37, Stats.

History

Cr. Register, September, 1984, No. 345, eff. 10-1-84.

Chapter TCS 7 DISTRICT BUDGET, AUDIT AND FINANCE

Wis. Admin. Code § TCS 7.01 Purpose {#sec-tcs-7.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.01}

As authorized by ss. 38.04 (11) and 227.11 (2) (a), Stats., the purpose of this chapter is to administratively interpret ss. 38.04 (11), 38.12 (5), 38.12 (5m), 38.15 and 38.28, Stats., relating to uniform formats and reporting for district budgets, minimum requirements for the annual district audit, financing of district capital expenditures under s. 38.15, Stats., the management of reserve funds, payment and withholding of state aids and the district accounting structure.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 7.02 Definitions {#sec-tcs-7.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.02}

(1) “Board” means the technical college system board.

(2) “Director” means the person appointed by the board under s. 38.04 (2), Stats.

(3) “District” means a technical college district established under ch. 38, Stats.

(4) “District board” means the district board in charge of the technical colleges of a district.

(5) “District director” means the person employed by a district board under s. 38.12 (3) (a) 1., Stats.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; corrections made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 7.03 Adoption of standards by reference {#sec-tcs-7.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.03}

(1) Pursuant to s. 227.21, Stats., the attorney general and revisor of statutes have consented to the incorporation by reference of the Codification of Governmental Accounting and Financial Reporting Standards, Governmental Accounting Standards Board, 401 Merritt 7, P.O. Box 5116, Norwalk, Connecticut 06856-5116.

Note: The standards under sub. (1) may be obtained by contacting the Governmental Accounting Standards Board, 401 Merritt 7, P.O. Box 5116, Norwalk, Connecticut 06856-5116.

(2) Districts shall comply with the standards incorporated under sub. (1).

(3) Interim amendments of the standards will have no effect in the state until such time as this section is correspondingly revised to reflect those changes.

(5) Copies of the standards in reference are on file in the office of the board, the secretary of state and the legislative reference bureau.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; am. (1), r. (4), Register, April, 1999, No. 520, eff. 5-1-99; correction in (5) under s. 13.92 (4) (b) 6., Stats., Register March 2013 No. 687.

Wis. Admin. Code § TCS 7.04 Accounting system and structure {#sec-tcs-7.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.04}

(1) Each district board shall organize and operate its accounting system on a fund basis. The district accounting structure shall use 3 categories of funds, further divided into fund types, as follows:

(a) The governmental fund category composed of:

The general fund type used to account for all financial activities of the district, except those required to be accounted for in another fund type.
The special revenue fund type used to account for the proceeds and related financial activity of specific revenue sources that are legally restricted to a specific purpose, except major capital projects and expendable trusts.
The capital projects fund type used to account for financial resources and related financial activity for capital expenditure projects under s. TCS 7.06 (1), and equipment as required under s. TCS 7.06 (5).
The debt service fund type used to account for the accumulation of resources for, and the payment of general long term debt and long term lease/purchase debt principal and interest.

(b) The proprietary fund category composed of:

The enterprise fund type used to account for district operations where the cost of providing goods or services to students, district staff, faculty or the general public on a continuing basis is financed or recovered primarily through user charges or where the district board has decided that periodic determination of revenues earned, expenses incurred, or net income is appropriate for capital maintenance, public policy, management control, accountability, or other purposes.
The internal service fund type used to account for the financing and related financial activities of goods and services provided by one department of the district to other departments of the district, or to other governmental units on a cost reimbursement basis.

The expendable trust fund type used to record resources and related financial activities where both the principal and earnings may be expended, and where the district board acts as trustee.
The nonexpendable trust fund type used to record resources and related financial activity where the principal may not be expended, and where the district board acts as trustee.
The agency fund type used to record resources and related financial activity where the district board acts as an agent.

(2) Each district board shall account for and control its general fixed assets and outstanding general long term debt through the use of account groups, as follows:

(a) The general fixed assets account group used to record a district’s general fixed assets.

(b) The general long term debt account group used to record a district’s general long term debt composed of unmatured principal not requiring an appropriation or expenditure during the current fiscal year.

(3) Each district board shall, for budget and accounting purposes, classify the major activities of each fund type by function, as follows:

(a) The instruction function used to record costs related to teaching, academic administration including clerical support, and other activities directly related to the teaching of students, assisting students in educational programs, and coordinating and improving the quality of teaching.

(b) The instructional resources function used to record costs related to all learning resource activities, including the learning resources center, library, audio-visual aids center, instructional media center, copy center, and instructional resources administration and clerical support.

(c) The student services function used to record costs related to those noninstructional services provided to students, including student recruitment, admissions, registration, counseling including testing and evaluation, health services, financial aids, placement, follow-up, and student services administration and clerical support.

(d) The research function used to record costs related to the accumulation and evaluation of statistics, including demographic studies, employer studies of program feasibility, studies related to grants and contracts, and research, planning and development administration and clerical support.

(e) The administration function used to record costs related to general administrative functions, including district board, district director and district business office operations, and clerical support services.

(f) The general institutional function used to record costs related to services benefitting the entire district, including legal fees, external audit fees, general liability insurance, non-resident tuition, interest on operational borrowing, public information activities, personnel, and employment relations where these items are not reportable under another function.

(g) The physical plant function used to record costs related to services required for the operation and maintenance of physical facilities.

(h) The auxiliary services function used to record costs for all activities of a commercial nature, including book store, cafeteria and vending machine operations.

(i) The public service function used to record costs for activities benefitting the general public, including educational television or cultural events.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; am. (1) (a) 3., Register, September, 1985, No. 357, eff. 10-1-85; corrections made in (1) (a) 3 under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 7.05 District budgets and financial disclosure {#sec-tcs-7.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.05}

(1) Fiscal year. Annually, each district board shall develop and adopt a budget for a fiscal year commencing July 1st and ending the succeeding June 30th. The entire summer session of a district shall be budgeted and accounted for in the fiscal year in which the session terminates.

(3) District disclosure of fund balances. At the hearing required under s. 65.90, Stats., each district board shall disclose any fund type balance, and shall specify the purposes for which these balances are to be used by fund type.

(4) District budget adoption. Each district board shall adopt a budget that discloses indebtedness of the district, anticipated revenues, including anticipated fund balances by fund type and revenue source and proposed expenditures by fund type and function as required under this chapter. Adoption of a budget by fund type and function within a fund type shall constitute the appropriations of the district under s. 65.90, Stats.

(5) District reserves.

(a) Each district board may establish reserves and segregate a portion of a fund balance for a specific use for a specific period.

(b) Prior to the creation of a reserve, a district board shall adopt a resolution creating the reserve. The resolution shall state the specific purpose of the reserve, disclose the maximum amount that this reserve may accumulate to and specify the intended period of time over which the reserve shall exist. Nothing in this section shall preclude a district board from increasing or decreasing the amount of the reserve, provided the district board passes a resolution to this effect.

(d) Prior to the adoption of its budget, each district shall disclose all reserves maintained by it, the amount contained in each reserve and the anticipated amount by which each reserve will be increased or decreased during the year for which the budget is adopted.

(6) Review of property tax levy. Prior to certifying the property tax levy under s. 38.16 (1), Stats., each district board shall recalculate the anticipated amount of financial resources available for district operations, using the most current data available at the district, to determine if the property tax levy should be adjusted.

(7) Modifications to budget after adoption. Changes to the budget approved by the district board shall be by fund type or function within a fund type and shall be in accordance with s. 65.90, Stats.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83.

(1) Capital expenditure projects. Each district board shall budget and account for all capital expenditure projects for the acquisition of sites, purchase or construction of buildings or lease/purchase of buildings in a capital projects fund type.

(2) Rented and leased property and buildings.

(a) Except as provided in par. (b), each district board shall budget and account for all expenditures relating to an operating lease or rental of real or personal property and buildings in a general revenue fund type or a special revenue fund type.

(b) Each district board shall budget and account for all expenses relating to an operating lease or rental of real or personal property and buildings, where the property and buildings are used to provide proprietary services, in an internal services fund type or an enterprise fund type.

(3) Repair projects related to property and buildings.

(a) Each district board shall budget and account for all repair projects in a general fund type or a special revenue fund type, except that expenses incurred for repairs of buildings or sites used primarily for proprietary purposes shall be budgeted and accounted for in an internal service fund type or an enterprise fund type.

(b) An expenditure or proposed expenditure of a district shall be considered an expenditure for repairs where fixed equipment, buildings or sites of a district are restored to their original condition from a worn, damaged or deteriorated condition.

(c) An expenditure or proposed expenditure to restore fixed equipment, buildings or sites to their original condition where the worn, damaged or deteriorated condition occurred prior to the acquisition of the site, purchase of the building or lease/purchase of the building shall be considered a capital expenditure project of the district and shall be budgeted and accounted for in a capital projects fund type.

(4) Remodeling and improvement projects.

(a) Subject to par. (b) a district expenditure or proposed expenditure for the reconstruction of a building that increases its capacity, usefulness, efficiency, lifespan or economy of operation and intended to benefit future years’ operations shall be considered a remodeling or improvement project.

(b) For a project to be considered a remodeling and improvement project, the project shall be commenced at least 2 years following acquisition of the building, shall not increase assignable space through the reconstruction of existing external walls or roof and is not a repair project under sub. (3).

(c) A district expenditure or proposed expenditure for the reconstruction of a district owned building or a major portion of a district owned building within 2 years of acquisition of the building by purchase or lease/purchase shall be considered a capital expenditure project under sub. (1).

(5) Equipment.

(a) Equipment is:

“Moveable equipment” if it retains its original shape, appearance and use; is nonexpendable; is not fixed equipment; has a value exceeding $500 per set or item, and has a life of 2 years or more.
“Fixed equipment” if actual annexation to real property occurs; it is applied or adopted to the use or purpose for which the real property is devoted; and there is an intention by the district making the actual annexation to real property to make a permanent accession.
“Minor equipment” if it is neither moveable nor fixed equipment and is not a disposable supply item.

(b) Each district board shall budget and account for all moveable and fixed equipment in a capital projects fund, except that moveable or fixed equipment purchased with enterprise, internal service or agency funds shall be budgeted and accounted for in the appropriate enterprise, internal service or agency fund.

(c) Each district board shall budget and account for all minor equipment relating to a proprietary activity of the district in the appropriate enterprise, internal service or agency fund. All other minor equipment purchased or proposed to be purchased by a district shall be budgeted and accounted for in a general fund, except that all minor equipment purchased within 2 years of the acquisition of a building shall be budgeted and accounted for in the appropriate capital projects fund.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83.

Wis. Admin. Code § TCS 7.07 Capital expenditure projects under s. 38.15, Stats {#sec-tcs-7.07 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.07}

In determining whether capital expenditures for the acquisition of sites, purchase or construction of buildings or the lease/purchase of buildings exceeds $1,500,000, the following shall apply:

(1) All fixed equipment purchased by a district for installation in or on a site or building acquired by a district by purchase or lease/purchase, or within 2 years of the purchase or lease/purchase, shall be considered part of the capital expenditure project under s. 38.15, Stats.

(2) All moveable and minor equipment shall be excluded in determining the amount of the capital expenditure project under s. 38.15, Stats.

(3) In determining whether the lease/purchase of an existing building or the lease/purchase of a site is subject to the limitations under s. 38.15 (1), Stats., the district shall compute the lease/purchase costs for the term of the lease, discounted to the amount that would have been paid at the commencement of the lease if the building or site was purchased outright.

(4) All district expenditures or proposed expenditures for repair projects under s. TCS 7.06 (3) (c) or remodeling and improvement projects under s. TCS 7.06 (4) (c) shall be considered part of a capital expenditure project under s. 38.15, Stats.

(5) All capital expenditures on a single campus site which are bid concurrently or which are approved by the board under s. 38.04 (10), Stats., within 2 years shall be considered one capital expenditure project.

(6) The board shall designate what constitutes each single campus site.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; am. (4), Register, September, 1985, No. 357, eff. 10-1-85; corrections in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; 2015 Wis. Act 329: am. (intro.), (6) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § TCS 7.08 District financial audits {#sec-tcs-7.08 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.08}

(1) Requirements for procurement of audit services.

(a) Each district board shall solicit bids or competitively negotiate with a certified public accountant for financial audits required under s. 38.12 (5), Stats. The department of revenue acting under s. 73.10 (5), Stats., may be considered a certified public accountant for purposes of this section. The bid specifications shall provide for renegotiation of the scope of the audit.

(b) The criteria to be used in selecting a certified public accountant shall include at a minimum the expertise of the staff performing the audit, the cost of the audit, the time frame within which the audit can be performed, and the scope of the audit.

(c) No certified public accountant shall be precluded from participating in the procurement process on the basis that the certified public accountant is providing audit services under s. 38.12 (5), Stats., at the time of solicitation of bids or competitive negotiation for audit services.

(2) Audit contracts. Each district board shall, for annual financial audits under s. 38.12 (5), Stats., require the certified public accountant, to conduct the audit in conformance with the audit guide adopted by the board and generally accepted auditing standards.

(3) Engagement letter. For every audit, there shall be an engagement letter that shall include the following:

(a) The scope of the audit.

(b) An approximate beginning and completion date.

(c) The number of reports to be delivered, to whom each report should be delivered, and the date that each report shall be delivered. No report shall be delivered later than December 31, following the end of the fiscal year for which the audit is performed.

(d) The extent to which the certified public accountant is responsible for detecting defalcations and other similar matters, and the responsibility of the district to disclose any such matters to the certified public accountant.

(e) Terms of compensation, including a provision for possible extended audit procedures not contemplated in the original engagement.

(4) Conduct of audit. The audit shall be conducted on district premises at a mutually agreeable time, and the district shall provide adequate space to conduct the examination.

(5) Examination of internal controls. The auditor shall review the adequacy of systems of internal control, including controls over funds from sanctioned district student activities. If material weaknesses are noted, appropriate recommendations shall be reviewed with the appropriate district administrator, and transmitted to the district board by separate management letter or as part of the audit report.

(6) Preparation of financial statements. The district shall prepare appropriate financial statements for all account groups and fund types in accordance with generally accepted accounting principles.

(7) Transmittal of audit and management letters.

(a) Each district board shall transmit to the board a copy of any management letter issued to the district as a result of an audit. Board audit staff, the legislative audit bureau, and such persons as mutually determined by the district board and the certified public accounting firm shall be allowed access to and copies of all working papers of the certified public accounting firm conducting the audit.

(b) Each district board shall authorize the certified public accountant to communicate directly with the board.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83.

Wis. Admin. Code § TCS 7.09 Withholding of aids distributed by the board {#sec-tcs-7.09 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.09}

(1) Reporting requirements. Annually, by January 1st, the director shall notify the districts of reports required to be filed with the board during the next fiscal year and the due date for filing each report. The director may extend the due date for filing reports by districts upon good cause.

(2) Withholding, suspension and reduction of aids. Subject to sub. (3), the director may withhold, suspend or reduce state or federal aid payments distributed by the board for failure of a district to comply with the reporting requirements under sub. (1), for failure to comply with the requirements of this chapter, or as provided under s. 38.28 (2) (d), and (e), Stats. Where a state or federal aid payment or reimbursement has been drawn on the state treasury, but not distributed, the director may redeposit the payment in the treasury.

(3) Procedure. All actions of the director withholding, suspending or reducing state aids shall be in writing and shall specify the reasons for the action.

(4) Appeals. Districts may appeal the decision of the director by filing a petition with the board requesting a hearing in accordance with ch. 227, Stats., and ch. TCS 4.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; am. (4), Register, September, 1985, No. 357, eff. 10-1-85; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 7.10 Payment of state aids {#sec-tcs-7.10 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.10}

(1) Subject to sub. (2), the board shall pay 15% of the aids due each district each year as computed under s. 38.28, Stats., from the appropriation under s. 20.292 (1) (d), Stats., during each of the months of July, August, September, October, November and June and 5% during each of the months of January and February.

(2) Payments under sub. (1) shall be adjusted as required under s. 38.28 (2) (b) 4., Stats.

(3) Payment of state aids may be withheld, suspended or reduced in whole or in part as provided under s. TCS 7.09.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; am. (3), Register, September, 1985, No. 357, eff. 10-1-85; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Chapter TCS 8 CONTRACT FOR SERVICES

Wis. Admin. Code § TCS 8.01 Purpose {#sec-tcs-8.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 8.01}

The purpose of this chapter is to establish by rule, general district policies and procedures pursuant to s. 38.04 (14) (a) 4., Stats., relative to contracts to provide services entered into by technical college districts, to administratively interpret s. 38.14 (3), Stats., relative to contracts for services and to establish uniform formats and reporting standards for these contracts as required under s. 38.04 (11), Stats.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83; correction made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 8.02 Definitions {#sec-tcs-8.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 8.02}

(1) “Board” means the technical college system board.

(2) “Business or industry operating within the state” means a business or industry subject to personal jurisdiction of a court of this state under s. 801.05 (1) (b) to (d), Stats.

(3) “District” means a technical college district established under ch. 38, Stats.

(4) “District board” means the district board in charge of the technical colleges of a district.

(5) “Foreign government” means any government other than the federal government or any government of a state or a political subdivision of a state.

(6) “Industry and business” means any organization or enterprise, including a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association, whether or not operated for profit.

(7) “Local governmental body” means a local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation.

(8) “Private educational institution” means a private non-profit university, college or secondary school accredited by a nationally recognized accrediting agency.

(9) “Public educational institution” means a university, college or school district operating high school grades supported by public taxation or appropriation and includes the University of Wisconsin System and technical college districts.

(10) “Service recipient” means any industry, business, private educational institution, public educational institution or local governmental body receiving services from a district pursuant to a contract.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83; renum. (2) to (8) to be (3), (4) and (6) to (10), cr. (2) and (5), Register, January, 1989, No. 397, eff. 2-1-89; correction in (3), (4) and (9), made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462; 2015 Wis. Act 330 s. 20: am. (9) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § TCS 8.03 Services outside district {#sec-tcs-8.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 8.03}

A district board contracting with a service recipient located outside the district but within the state shall notify the district board of the district where the service recipient is located of the existence of the contract within 30 days of execution of the contract.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83; r. and recr. Register, January, 1989, No. 397, eff 2-1-89; corrected printing error, Register, March, 1989, No. 399.

Wis. Admin. Code § TCS 8.04 General district policies {#sec-tcs-8.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 8.04}

Each district board shall adopt policies and procedures governing contracts for services with service recipients. Policies and procedures adopted by a district board shall be forwarded to the board within 30 days of adoption. At a minimum these policies shall:

(1) Specify that no employee of a district may receive any additional salary, benefits or reimbursement for expenses for work performed pursuant to a contract for services where that employee is currently being compensated by the district for that work under existing conditions of hire with the district.

(2) Subject to sub. (1), specify those conditions where an employee of the district may receive additional salary, benefits or reimbursement for expenses for work performed under a contract for services.

(3) Identify those district employees by functional title responsible for the development of contracts under this chapter.

(4) Specify the procedures to be followed by the district board in reviewing and approving contracts for services.

(5) Require that all contracts with a foreign government or any business or industry not operating within the state comply with the requirements under s. 38.14 (3) (c) and (d), Stats.

(6) Require that every service recipient certify that it does not discriminate on the basis of age, race, color, sex, creed, handicap, political persuasion, ancestry or sexual orientation against;

(a) Any employee or applicant for employment, in regard to hire, tenure or term, condition or privilege of employment except where there is a bona fide occupational qualification.

(b) Any student or any applicant for enrollment in regard to admission or privilege of enrollment.

(7) Prohibit any district resident from being displaced from any program or course solely on the basis of a contract for services with a service recipient.

(8) Require that all payments received by a district from a service recipient be deposited in the district treasury.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83; r. and recr. (5), r. (6), renum. (7) to (9) to be (6) to (8), Register, January, 1989, No. 397, eff. 2-1-89.

Wis. Admin. Code § TCS 8.05 Contract requirements {#sec-tcs-8.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 8.05}

In addition to provisions otherwise provided by law, every district contract for services shall be in writing and at a minimum shall:

(1) Identify the parties to the contract.

(2) Specify the dates during which services will be provided.

(3) Specify the total compensation due the district under the contract, the schedule of payments, the number of persons to be served under the contract, and the type of service to be provided.

(4) Require that the service recipient certify that it does not discriminate on the basis of age, race, color, sex, creed, handicap, political persuasion, ancestry or sexual orientation against:

(a) Any employee or applicant for employment, in regard to tenure or term, condition or privilege of employment except where there is a bona fide occupational qualification.

(b) Any student or any applicant for enrollment in regard to admission or privilege of enrollment.

(5) Specify that district employees performing under the contract remain under the exclusive control of the district.

(6) Specify the location where services are to be performed.

(7) Specify whether the district shall grant credits for instructional services performed.

(8) Specify the distribution of royalties if material subject to copyright is developed pursuant to a contract.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83.

Wis. Admin. Code § TCS 8.06 Reporting standards {#sec-tcs-8.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 8.06}

(1) The district board shall submit to the board a report as required under s. 38.14 (3) (e), Stats.

(2) Annually by December 1 and in a form determined by the board the district board shall report to the board the reimbursed and non-reimbursed costs for each accounting function, the type of service rendered under each contract, and if the contract involves instruction for credit, the course, section, and location number of each course offered under each contract.

History

Cr. Register, August, 1983, No. 332, eff. 9-1-83; r. and recr. (1), Register, January, 1989, No. 397, eff. 2-1-89; am. Register, April, 1999, No. 520, eff. 5-1-99.

Chapter TCS 9 DISTRICT REPORTING OF STUDENTS PARTICIPATING IN COMPULSORY SCHOOL ATTENDANCE, ATTENDANCE AT TECHNICAL COLLEGE AND TECHNICAL PREPARATION PROGRAMS

Wis. Admin. Code § TCS 9.01 Purpose {#sec-tcs-9.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 9.01}

This chapter establishes the format and procedures pursuant to s. 38.04 (11) (a) 2., Stats., for districts to report the number of students participating in district courses under ss. 38.12 (14), 118.15 (1) (b), (cm) and (d), and 118.34, Stats., including the number of courses taken for advanced standing in a technical college district’s associate degree or vocational diploma program and for postsecondary credit.

History

Cr. Register, September, 1995, No. 477, eff. 10-1-95; am. Register, April, 1999, No. 520, eff. 5-1-99; correction made under 13.92 (4) (b) 7., Stats., Register October 2018 No. 754.

Wis. Admin. Code § TCS 9.02 Definitions {#sec-tcs-9.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 9.02}

In this chapter:

(1) “Advanced standing”means postsecondary credit granted upon technical college enrollment toward a degree or diploma program for a secondary course taken by a pupil which is part of a sequence of courses designed to help high school graduates make the transition from high school to postsecondary technical education and for which there is an articulation agreement between the school district offering the course and the technical college district

(2) “Articulation agreement” means an agreement between the school district offering a secondary course and a technical college district through which postsecondary credit may be applied toward advanced standing.

(3) “Board” means the Wisconsin technical college system board.

(4) “Compulsory school attendance participation” means the participation of high school age students in technical college courses or programs under the provisions of s. 118.15 (1) (b), (cm) and (d), Stats.

(5) “District” means a technical college district established under ch. 38, Stats.

(6) “District board” means the district board charged with governance of the technical colleges within a district.

(8) “School district” has the meaning given in s. 115.001 (3), Stats.

(9) “Technical preparation program” means a high school program established under s. 118.34, Stats.

(10) “Transcripted credit” means credit that may be applied toward high school graduation requirements or toward a technical college associate degree or vocational diploma program.

(11) “Youth options program” means enrollment under the provisions of s. 38.12 (14), Stats.

Note: Wisconsin Act 59 (2017) moved the Youth Options Program from s. 118.55 (7r), Stats., to 38.12 (14), Stats., and changed the name to Attendance at Technical College.

History

Cr. Register, September, 1995, No. 477, eff. 10-1-95; am. (11), Register, April, 1999, No. 520, eff. 5-1-99; renum. (7) to be (11) under s. 13.93 (2m) (b) 1., Stats., Register, April, 1999, No. 520; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register October 2018 No. 754.

Wis. Admin. Code § TCS 9.03 Reporting of students {#sec-tcs-9.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 9.03}

(1) Annually, by August 15, technical college districts shall compile a report for the board containing the data elements of sub. (2) to report participation in technical college courses or programs for the following students:

(a) Students attending a technical college of the district under compulsory school attendance.

(b) Students attending a technical college of the district under the youth options program.

Note: Wisconsin Act 59 (2017) moved the Youth Options Program from s. 118.55 (7r), Stats., to 38.12 (14), Stats., and changed the name to Attendance at Technical College.

(c)

Students who have completed a secondary course, authorized through an articulation agreement, for which advanced standing has been granted by a technical college district under the technical preparation program.
Students who have completed a postsecondary course for which transcripted credit has been granted by the technical college and the school district under the technical preparation program.

(2) The report under sub. (1) shall include the following information regarding students and courses completed for the previous school year.

(a) The student’s social security number or other unique identifiable number.

(b) The student’s name.

(d) The student’s school district of enrollment.

(e) The student’s school district of residence.

(f) The student’s highest secondary school grade completed.

(g) If applicable, the student’s year of high school graduation.

(h) If the student participated in a program under s. TCS 9.03 (1) (a) or (b), the technical college district course or courses the student completed. The course or courses listed under this paragraph shall include the course number and title.

(i) If the pupil participated in a program under s. TCS 9.03 (1) (c), the secondary course or courses the pupil completed for which advanced standing or transcripted credit was received. The course or courses listed under this paragraph shall include the course number and title as specified under the articulation agreement between the technical college and the school district.

(j) If a student received postsecondary credits for a course or courses under pars. (h) and (i), the number of postsecondary credits awarded.

(3) Personally identifiable information collected under sub. (2) shall be used solely for determining student participation in technical college courses or programs under ss. 38.12 (14), 118.15 (1) (b), (cm) and (d), and 118.34, Stats., including those courses taken for advanced standing in a technical college district’s associate degree or vocational diploma program and for postsecondary credit.

Note: Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g and 34 CFR Part 99 (1993). Under 34 CFR 99.31 (a) (3)(iii), educational institutions may release student data containing personally identifiable information to state and local educational authorities where the personally identifiable information is protected while in use and destroyed when no longer needed for the purposes for which disclosure is made.

History

Cr. Register, September, 1995, No. 477, eff. 10-1-95; am. (1), r. and recr. (3), Register, April, 1999, No. 520, eff. 5-1-99; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register October 2018 No. 754.

Chapter TCS 10 RESIDENCY, ADMISSIONS AND FEE REFUND

Wis. Admin. Code § TCS 10.01 Purpose and application {#sec-tcs-10.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 10.01}

The purpose of this chapter is to establish policies, procedures and administratively interpret ss. 38.22 (4) to (6) and 38.24 (1m), (2) and (3), Stats., relating to determinations of residency for persons attending district schools, exemptions from payment of program fees, priorities for admission of district residents, non-district state residents and non-state residents to district programs, and fee refunds. These rules are adopted pursuant to ss. 38.22 (5), 38.24 (3) (d), and 227.11 (2) (a), Stats.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94; correction under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715.

Wis. Admin. Code § TCS 10.02 Definitions {#sec-tcs-10.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 10.02}

In this chapter:

(1) “Alien” means a person who is not a citizen of the United States.

(2) “Board” means the technical college system board.

(3) “Director” means the person appointed by the board under s. 38.04 (2), Stats.

(4) “District” means a technical college district.

(5) “District director” means a person employed by a district pursuant to s. 38.12 (3), Stats.

(6) “District resident” means a person whose permanent residence is within the district as determined under s. TCS 10.04 (2).

(7) “Materials fees” means the fees for consumable materials established by the board pursuant to s. 38.24 (1m) (c), Stats.

(8) “Minor” means a person who has not attained the age of 18 years.

(9) “Non-district state resident” means a person whose permanent residence is outside the district, but inside the state.

(10) “Non-state resident” means a person whose permanent residence is outside Wisconsin.

(11) “Out-of-state tuition” means the nonresident fee established by the board under s. 38.24 (3), Stats.

(12) “Program fee” means the fee established by the board pursuant to s. 38.24 (1m), Stats.

(13) “Refugee” means an alien who is outside his or her country of citizenship due to actual or well-founded fear of racial, ethnic, religious or political persecution as stated in 8 USC 1101 (a) (42), and who is determined to be a refugee by the immigration and naturalization service.

(14) “Registration” means the procedure by which students are assigned to class including approval of courses to be taken by the student, organization of sections, and assessment and collection of fees.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Wis. Admin. Code § TCS 10.03 Wisconsin residence {#sec-tcs-10.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 10.03}

(1) General provisions. In this section:

(a) Any person who is a resident of the state at the beginning of any semester or session for which the person makes application, is a resident of the state for admission and fee purposes.

(b) Notwithstanding par. (a), a person who enters and remains in this state principally to obtain an education is presumed to continue to reside outside this state and the presumption continues in effect until rebutted by clear and convincing evidence of residence in the state, which may be demonstrated by the verifications indicated in sub. (2) (b).

(d) Aliens may establish residence in the state according to the provisions of this section.

(2) Determination of residence.

(a) In determining state residence for the semester or session of application, the intent of the applicant to establish and maintain a permanent residence in Wisconsin is determinative.

(b) In addition to representations by the applicant, state residence and intent to remain in Wisconsin may be demonstrated or disproved by factors including, but not limited to, filing of Wisconsin income tax returns, eligibility to vote in the state, motor vehicle registration in the state, possession of a Wisconsin motor vehicle operator’s license, place of employment, and self-support.

(3) Statutory residents. Pursuant to s. 38.22 (6), Stats., the following persons, in addition to persons determined state residents under subs. (1) and (2), are state residents for purposes of admission and fees:

(a) Any person who was employed, or whose parent or legal guardian was employed as a migrant worker for at least 2 months each year for 3 of the 5 years preceding the semester of application for admission, or at least 3 months each year for 2 of the 5 years preceding the semester of application for admission. In this paragraph, migrant worker status is determined by s. 103.90 (5), Stats.

(b) Any minor or adult who, under 26 USC 152 (a), is a dependent of a parent or legal guardian, and whose natural parents are legally separated or divorced, if one parent was a bona fide state resident for at least 12 months preceding the beginning of the semester for which application is made.

(c) Any person continuously employed full time in Wisconsin, who was relocated by his or her current employer or moved to the state for employment, and who accepted current employment before moving and before applying for admission to a district school, if the person demonstrates an intent to make Wisconsin a permanent home as set forth in sub. (2). State residence admission under this paragraph extends to the spouse and dependents, as specified in 26 USC 152 (a), of persons determined eligible.

(d) Any refugee, as defined in s. TCS 10.02 (13), who moved to this state immediately upon arrival in the United States, and who has resided in the state continuously, and who demonstrates an intent to make Wisconsin a permanent home as set forth in sub. (2).

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Wis. Admin. Code § TCS 10.04 District residence {#sec-tcs-10.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 10.04}

(1) General provisions. In this section:

(a) Any resident of the state who has maintained a permanent residence within the district prior to application at a district school is a district resident for admission priority as determined under s. TCS 10.07 and tuition and fees determinations under s. 38.24, Stats.

(b) Notwithstanding par. (a), a person who enters and remains in a district principally to obtain an education is presumed to continue to reside outside the district, and the presumption continues in effect until rebutted by clear and convincing evidence of residence in the district, which may be demonstrated by the verifications indicated in sub. (2) (b).

(2) Determination of district residence.

(a) In determining district residence for the semester or session of application, the person’s current address and a written declaration by the applicant of intent to establish and maintain a permanent residence in the district are determinative.

(b) In addition to representations of the applicant, district residence prior to application may be documented by address verifications from, but not limited to, the most recently filed Wisconsin income tax return, motor vehicle registration, motor vehicle operator’s license, bank accounts, and voter registration.

(3) Minors. Any minor whose parents or custodial guardian have maintained a permanent residence in a district immediately preceding the beginning of any semester or session for which the person makes application at a district is considered a resident of that district for fee purposes.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94; CR 21-035: am. (1) (a) Register August 2021 No. 788, eff. 9-1-21; correction in (1) (a) made under s. 35.17, Stats., Register August 2021 No. 788.

Wis. Admin. Code § TCS 10.05 Appeal of state or district residence determination {#sec-tcs-10.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 10.05}

(1) Applicants for admission and students attending a district technical college shall cooperate with district officials and supply requested residence verification and information as deemed necessary by a district to make the determinations required under ss. TCS 10.03 and 10.04.

(2) A residence determination reached by an admissions official under ss. TCS 10.03 and 10.04 may be appealed, in writing, to the district director, or his or her designee, within 30 days after the student has received the determination. After review of available documentation, the director or designee shall issue a written decision within 30 days after the date a written appeal is received.

(3) Prior to the beginning of any semester or session for which admission is applied, a person may petition the district admissions office for a reconsideration of a residence determination based on changed circumstances. Upon receipt of such petition, the district official charged with residence determinations shall issue a written decision. The written decision may be appealed to the district director or designee as provided in sub. (2).

(4) A decision made by a director or designee shall be subject to review pursuant to ch. TCS 4, and ch. 227, Stats.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Wis. Admin. Code § TCS 10.06 Exemptions from payment of fees and tuition {#sec-tcs-10.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 10.06}

(1) Definitions. In this section:

(a) “Adult basic education” means instruction providing basic skills in the language arts, science, math and exploratory experiences for adults.

(b) “Adult high school” means an instructional program for adults to complete their education leading to a high school diploma.

(c) “English as a 2nd language” means a course designed for persons who speak a primary language other than the English language.

(d) A “needy and worthy” student means a student who:

Meets the normal admissions requirements of a district board for enrollment and who maintains satisfactory academic progress according to the district’s standards; and,
In the case of a U.S. citizen, has financial need under 20 USC 1087kk; or, in the case of a non-U.S. citizen, lacks the financial means to pay out- of-state tuition as determined by a district board based on documentation that available assets and income are insufficient to fund educational expenses including out-of-state tuition.

(2) Exemptions:

(a) Students enrolled in adult high school, adult basic education or English as a second language courses are exempt from program fees under s. 38.24 (1m), Stats.

(b) Students 62 years old and older are exempt from program fees under s. 38.24 (1m), Stats., in vocational adult education courses.

(c) Students admitted under interstate reciprocity agreements approved under s. 39.42, Stats., are exempt from non-state resident fees as provided in the reciprocity agreement.

(3) Remission of non-state resident tuition. The director may authorize a district board to remit fees under s. 38.24 (3) (a), Stats., but not fees under s. 38.24 (1m), Stats., for needy and worthy students. The total number of students for which out-of-state tuition may be remitted shall not exceed 0.5% of the full-time equivalent statewide enrollment of the technical college system in the fiscal year prior to the year which remissions are authorized.

(4) Exchange agreements. The director may authorize a district board to remit fees under s. 38.24 (3) (a), Stats., but not fees under s. 38.24 (1m), Stats., for students enrolling under agreements with foreign educational institutions that provide for the exchange of an equal number of students.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525.

Wis. Admin. Code § TCS 10.07 Program admission priorities {#sec-tcs-10.07 omnilex-key=us-wi-regs-official--agency-tcs--TCS 10.07}

(1) Applications.

(a) Each district shall have a single application process which applies to all residence categories.

(b) For each district program, districts may limit the number of applications accepted or limit the time period during which applications are accepted, provided that limits are applied equally to all applicants.

(2) District residents.

(a) Except as provided in sub. (5) (c), district residents who apply on or before the following dates shall have admission priority:

For programs commencing any time during the fall semester, the preceding January 1.
For programs commencing any time during the spring semester, the preceding May 1.
For programs commencing any time during the summer semester, the preceding October 1.

(b) After the dates provided in par. (a), district residents shall have priority equal to non-district state residents for program admission.

(3) Non-district state residents. After the dates specified in sub. (2) (a) 1. to 3. for district residents, non-district state residents shall have priority equal to district residents for program admission.

(4) Non-state residents. Non-state residents shall be admitted to district programs, after district and non-district state residents, as spaces remain available.

(5) Waiting lists.

(a) Waiting lists shall be maintained by districts for admission to all district programs.

(b) District and non-district state residents who are not admitted because of program capacity limitations shall be notified of their non- admission in writing and of the option to be included on a waiting list if they inform the district, in writing, that they wish to exercise the option. Those exercising the option shall be placed on a waiting list for the next available program admission.

(c) Waiting list applicants shall have priority over all other applicants for admission in subsequent terms and shall be admitted in the order of their original application for admission. Applicants not exercising the option to be placed on a waiting list at the time they are first informed of the option, who later apply for admission, shall be placed on a waiting list with admission priority determined by the date of such placement.

(d) Waiting list applicants may renew their waiting list status for each subsequent term until admission is achieved.

(5m) Special circumstances. Each district board may adopt a policy to reserve a reasonable number of program spaces to accommodate admission for students in special circumstances. Factors which may be considered for special circumstance admissions include, but are not limited to, hardship, school-to-work program participation, special need, and enrollment diversity. District special circumstances’ policies are subject to state board review and approval.

(6) Joint programs. If a program is jointly sponsored by two or more districts, the participating districts may agree on the number of students from each sponsoring district who are to be treated as district residents of the district at which the program is offered.

(7) Collegiate transfer programs. Applicants for collegiate transfer programs, as defined in s. 38.01 (3), Stats., shall be considered for admission without respect to their residence category.

(8) Reciprocity agreements. Students who apply for district admission under s. 39.42, Stats., interstate reciprocity agreements shall be considered for program admission based on the residence category established for students by the terms of the reciprocity agreement.

Note: It is the intent of the board that the provisions of s. TCS 10.07 apply initially for fall admissions in 1995.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Wis. Admin. Code § TCS 10.08 Tuition and fee refunds {#sec-tcs-10.08 omnilex-key=us-wi-regs-official--agency-tcs--TCS 10.08}

(1) General provision. In this section, all refund provisions may be superseded by federal law.

(2) Course cancellation refunds. A student shall receive 100% refund of program fees, material fees and out-of-state tuition for courses which are canceled by a district.

(2m) Course section drop/adds. A student who drops one section of a course and, at the same time, enrolls in an equivalent section of the same course shall not receive a refund of course fees for the dropped section or be charged course fees for the added section. The student may be charged a processing fee as allowed under sub. (3) (g). For the purpose of this subsection, an equivalent section is one offered for the same credit value, is subject to the same dollar amount of student fees and is at substantially the same point in the course curriculum at the time of the drop/add.

(3) Student-initiated refunds.

(a) A student shall receive 100% refund of program fees, material fees and out-of-state tuition for a course, if application for refund is made by the student prior to the first scheduled meeting of the course and the student does not add another course.

(b) A student who drops one or more courses and prior to the issuance of a refund for the dropped course or courses adds one or more courses shall have the program fees, material fees and tuition for the dropped course or courses applied to the tuition and fee charges of the added course or courses, subject to the following:

Where the fees for an added course or courses exceed applicable fees for the dropped course or courses, students will be assessed the additional amount.
Where the fees for a dropped course or courses exceed applicable fees for an added course or courses, students will receive a refund pursuant to par. (c).

80% of program fees, material fees and out-of-state tuition if application for refund is made before or at the time 10% of the course’s total hours of instruction have been completed.
60% of program fees, materials fees and out-of-state tuition if application for refund is made after 10% but before more than 20% of the course’s potential hours of instruction have been completed.

(e) No refund shall be granted if application is made after 20% of the course’s total potential hours of instruction have been completed.

(f) Districts may adopt policies to waive the time limitations of this section for special circumstances involving unforeseen student hardship.

(g) Districts may adopt policies to establish a reasonable charge to defray processing costs which may be deducted from the refund otherwise due under this section.

Note: Higher Education Amendments of 1992, Pub. L. 102-325, Title IV, Sec. 485 (a), July 28, 1992, 106 Stat. 619, codified at 20 USC 1091b (a)-(c) (1993).

(5) Districts shall establish procedures for students to appeal refund decisions.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94; CR 01-137: am. (1), (3) (b) (intro.), 2., (c) (intro.), 1. 2., and (3), cr. (2m), r. (3) (d) and (4); correction in (2m) made under s. 35.17, Stats., Register August 2021.

Chapter TCS 12 WISCONSIN ENVIRONMENTAL POLICY ACT PROCEDURES

Wis. Admin. Code § TCS 12.01 Purpose {#sec-tcs-12.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 12.01}

The purpose of this chapter is to:

(1) Establish procedures for board consideration of short-term and long-term environmental and economic effects of board actions upon the human environment.

(2) Establish definitions and criteria to be used by the board for the implementation of s. 1.11, Stats. Implementation includes the evaluation of proposed actions; the study, development and description of alternatives where proposed actions involve unresolved conflicts in the use of available resources; and the preparation and review of environmental impact statements (EIS’s).

(3) Provide guidance to districts seeking permission to proceed with a proposed action, determine the applicable procedure affecting the board’s review of a proposal, and establish a mechanism for early review of an applicant’s proposal to determine the need for an EIS.

(4) Identify major actions significantly affecting the quality of human environment and the need for an EIS.

(5) Provide an opportunity for public input in the decision-making process.

History

Cr. Register, April, 1987, No. 376, eff. 5-1-87.

Wis. Admin. Code § TCS 12.02 Definitions {#sec-tcs-12.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 12.02}

In this chapter:

(1) “Action” means any activity initiated by the board, or any activity subject to the regulation or approval of the board, which may affect the quality of the human environment.

(a) “Type I action” means a major action which significantly affects the quality of the human environment and requires the preparation of an environmental impact statement (EIS).

(b) “Type II action” means an action which may or may not significantly affect the quality of the human environment and requires the preparation of an environmental assessment (EA) to determine whether the action significantly affects the human environment and whether an EIS must be prepared.

(c) “Type III action” means an action which normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources, and unless the board determines otherwise, an EA or EIS will not be prepared.

(2) “Alternatives” means other actions which may reasonably be available to achieve the same or altered purpose of the proposed action, including the alternative of no action.

(3) “Board” means the technical college system board.

(4) “CEQ” means the council on environmental quality.

(5) “DEIS” means draft environmental impact statement which is a preliminary format of the final environmental impact statement.

(6) “District” means a technical college district established under ch. 38, Stats.

(7) “EA” or “environmental assessment” means a brief but comprehensive analysis of a proposed Type II action to determine its environmental impact; to study, develop and describe alternatives; and to determine whether the proposed action constitutes a major action significantly affecting the quality of the human environment or involving unresolved conflicts in the use of available resources.

(8) “EIS” or “environmental impact statement” means a written report prepared pursuant to s. 1.11, Stats., in accordance with the CEQ guidelines, which contains an analysis of anticipated impacts of a proposed action upon the human environment, and alternatives to the proposed action. The draft environmental impact statement (DEIS) is a preliminary format of the final environmental impact statement (FEIS).

(9) “FEIS” means final environmental impact statement.

(10) “Finding of no significant impact” means a completed environmental assessment which indicates that the proposed action is not a major action which will significantly affect the quality of the human environment and that no EIS is required.

(11) “Human environment” means all conditions and influences, natural and artificial, which surround and affect all organisms, including people.

(12) “Major action” means an action which will significantly affect the quality of the human environment.

(13) “NEPA” means the National Environmental Policy Act (42 U.S.C. s. 4321, et. seq.).

(14) “Resources” includes land, water, air, energy forms, plant life and wildlife, aesthetic, social, economic, historical and archeological factors, and labor and materials used in the proposed action.

(15) “Scoping” means an early process for identifying the anticipated range of issues to be addressed by an EIS, the extent to which the identified issues will be addressed, and the significant issues as seen by the public.

(16) “Significant effects” means the considerable and important impacts, beneficial or adverse, of actions on the quality of the human environment.

(17) “WEPA” means the Wisconsin Environment Policy Act, s. 1.11, Stats.

History

Cr. Register, April, 1987, No. 376, eff. 5-1-87; correction in (3) and (6) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 12.03 Board action type list {#sec-tcs-12.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 12.03}

The board shall review its proposed action and determine what impact the proposed action will have on the quality of the human environment. The board has reviewed its actions and has categorized these actions into 3 types as specified in Table TCS 12.03. Table TCS 12.03 shall be used to determine the category of the proposed action and the type of environmental analysis that is required.

(1) Type I action. If it is determined from Table TCS 12.03 that the proposed action is a type I action, an EIS shall be prepared. These are major board actions which would significantly affect the quality of the human environment.

(2) Type II action. If it is determined from Table TCS 12.03 that the proposed action is a type II action, an EA will be prepared. These actions have the potential to cause significant environmental effects and may involve unresolved conflicts in the use of available resources.

(a) If the EA discloses that the proposed action is a major action that will significantly affect the quality of the human environment, an EIS shall be prepared.

(b) If the board finds in the EA that the proposed action is not a major action that will significantly affect the quality of the human environment, the EA shall be filed in the office of the WEPA coordinator as a finding of no significant impact and shall be provided to interested parties upon request.

(3) Type III action. A type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources, and, unless the board determines otherwise, these actions will not require an EA or EIS.

(4) Other actions. Every action other than those specified in subs. (1) to (3) shall be evaluated for determination of the type of action.

History

Cr. Register, April, 1987, No. 376, eff. 5-1-87; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; republished to correct an error in stranscription in Table TCS 12.03 Register December 2024 No. 828.

Wis. Admin. Code § TCS 12.04 Preparation of an environmental assessment {#sec-tcs-12.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 12.04}

(1) Content. To determine whether a Type II action is major and significantly affects the quality of the natural and physical environment of human beings, and to describe the alternatives to the action, the board shall conduct an EA and shall prepare a reviewable record in the form of a concise report. The preparation shall be done as early as possible in the planning process, but, in any event, before contracts are let if the action involves construction by a district. The report shall include:

(a) A brief description of the proposed action, the purpose of the action, the need for the action, and maps, graphs and other materials where appropriate.

(b) A brief description of those factors in the human environment affected by the proposed action.

(c) A brief evaluation of the most significant primary and secondary environmental effects that would result if the proposal is implemented.

(d) A brief study developing and describing reasonable alternatives to the proposed action, including the alternative of no action, and a brief evaluation of the significant environmental effects that are different from the anticipated impacts of the proposed action.

(e) A listing of other agencies or groups contacted and the comments of, and other pertinent information from, the agencies and groups.

(f) An evaluation section which contains brief discussions of the specific factors in this paragraph. If the proposed action will lead to any of these results, the need to prepare an EIS is increased.

Irreversible environmental effects.
Stimulation of secondary (indirect) effects.
Creation of a new environmental effect.
Impacts on geographically scarce environmental features.
Precedent-setting nature of the action.
Significant controversy associated with the action.
Conflicts with official agency plans or local, regional, state or national policy.
Cumulative impacts of repeated actions of this type.
Irrevocable foreclosure of future options.

(g) A preliminary recommendation on the need for an EIS.

(2) Generic EA. Where proposed actions are likely to be repeated on a recurring basis or where they have relevant similarities such as common timing, impacts, alternatives, methods of implementation, or subject matter, a generic EA may be prepared. The board shall, when addressing a single action already covered by a generic EA, consider the relevance of the generic EA to the specific action.

(3) Notice.

(a) Content. The board shall develop a notice for EA as prepared under this section. The notice shall state that the EA has been prepared and is available for review and shall include the following information:

The name of the proposed action and an identification of the district where the proposed action will occur.
A brief description of the proposed action, including location.
The board’s preliminary determination of the need for an EIS.
The name of a contact person within the board who can supply copies of the EA and can answer questions about it.
The latest date on which the board will accept and consider comments before making a final decision on the need for an EIS.

(b) Distribution. The board shall send copies of the notice to all individuals, agencies, and organizations that have requested notification of the EA or of all EA’s and, in the case of a project in a particular area of the state, to the news media in the vicinity of the project.

(4) Public comment and input. Following the deadline for receipt of public comment on the EA, appropriate board staff shall review the EA, consider all public comments, make modifications as judged necessary, and approve the EA which shall include a finding either of no significant impact or of the need for an EIS.

(5) Findings.

(a) If a finding is made in the EA of no significant impact, no EIS shall be required, the environmental review is complete and the original EA shall then be filed in the office of the WEPA coordinator as a finding of no significant impact.

(b) If a finding is made in the EA that an EIS is required for a proposed Type II action, the board shall proceed with the preparation of an EIS under ss. TCS 12.05 to 12.11.

(6) Delegation. Except for the EIS evaluation section as described in sub. (1) (g), any part of an EA may be prepared by a district proposing an action.

History

Cr. Register, April, 1987, No. 376, eff. 5-1-87; correction in (5) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 12.05 Scoping {#sec-tcs-12.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 12.05}

(1) As soon as possible after the decision to prepare an EIS, the district, in actions where the district is the proponent of an action, or the board, in all other actions, shall notify and inform the public and affected agencies that an EIS will be prepared and that scoping is beginning.

(2) The scoping process shall include, to the extent possible, affected federal, state and local agencies, the board, the proponent of the action, and other interested persons. The process may consist of meetings, hearings, workshops, surveys, questionnaires, or other appropriate methods or activities, and may be integrated with other public participation requirements.

(3) The scoping process shall be used to accomplish all of the following:

(a) Determine the scope and the significant issues to be analyzed in depth in the EIS.

(b) Identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental review. This will narrow the discussion of these issues in the EIS to a brief presentation of why they will not have a significant effect on the human environment or a reference to their coverage elsewhere.

History

Cr. Register, April, 1987, No. 376, eff. 5-1-87.

Wis. Admin. Code § TCS 12.06 Contents of an EIS {#sec-tcs-12.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 12.06}

(1) When an EIS is required, a DEIS and an FEIS shall be prepared by the board, by the district or by a consultant under contract with the board or a district. The board shall supervise and exercise final review of any EIS prepared by a district or a consultant. The DEIS shall emphasize significant environmental issues identified during the scoping process. The FEIS shall be based in part upon comments received on the DEIS and on information received from other sources. An EIS shall provide analysis of the environmental and economic implications of a proposed action contemplated by a district that need board approval. An EIS shall include the following:

(a) A summary of the scoping process used and the major issues identified for detailed analysis in the EIS.

(b) A description of the proposed action and of the affected environment including the history and background of the proposed action, location, type of facility, major dimensions, engineering design criteria, general types of materials be used, time schedules, maps and diagrams deemed relevant, sources of funding, permits and approvals required, and other pertinent information which will adequately allow an assessment of the potential environmental impact by persons who want to make comments.

(c) An evaluation shall be made of the probable environmental consequences, both positive and negative, of the proposed action as it relates to the physical and chemical, biological, social and cultural, and economic environments. Secondary as well as primary consequences to the environment shall be included whenever possible. The discussion shall include adverse environmental effects which cannot be avoided should the proposal be implemented. The EIS shall include impacts which have catastrophic consequences, even if their probability of occurrence is low, provided that the analysis of the impacts is supported by credible scientific evidence, is not based on pure conjecture, and is within the rule of reason.

The evaluation of the physical and chemical environment shall include consideration of the action’s effects upon air quality and climate, surface and ground water quality and quantity, noise, geological structure, topography, minerals and soils, thermal effects, unique land forms and water bodies, and flood and erosion hazards.
The evaluation of the biological environment shall include consideration of the action’s effect upon plant life, animal life, fish and wildlife habitat, ecological relationships, endangered species, migrations, unique plant and animal associations, human health, and hazardous and toxic materials.
The evaluation of the social and cultural environment shall include consideration of the action’s effect upon historic and archeological sites, parks and recreation areas, local institutions and community service, existing and future land uses, community description, housing patterns, neighborhood compatibility, displacement of families, businesses and farms, aesthetics, potential for shared use of facilities or programs, ethnic, religious or other groups, change in population patterns, emergency services, educational facilities and local ordinances.
An evaluation of the economic environment which shall include consideration of the action’s effect upon tax base, property values, employment, community and personal income, business activities and climate, manufacturing, mining and industry, agriculture, transportation, public utilities, energy resources, and government services and costs.

(d) An evaluation of significant irreversible and irretrievable commitments of resources that would be involved in the proposed action if implemented, including a statement identifying the extent to which the proposed action irreversibly curtails the range of potential uses of the environment.

(e) Alternatives to the proposed action, including a rigorous exploration and objective evaluation of the environmental impacts of all reasonable alternatives, particularly those that might avoid all or some of the adverse environmental effects of the proposed action. The option of doing nothing shall be included as an alternative.

(f) The relationship between short-term uses of the environment and the maintenance and enhancement of long-term productivity. The EIS shall describe the extent to which the proposed action involves tradeoffs between short-term economic gains at the expense of long-term environmental productivity or vice versa, and the extent to which the proposed action forecloses future options.

(g) The FEIS shall discuss at appropriate points any responsible opposing view not adequately discussed in the DEIS.

(h) An analysis shall also be made of significant direct and indirect energy impacts of the proposed action.

(2) The FEIS shall be an analysis document that enables environmental and economic factors to be considered in the development of a proposed action. It shall be considered by the board in the decision-making process.

(3) The EIS shall be written in plain language and shall use appropriate graphics to aid decision-makers and the public. Where appropriate, an EIS may be combined with other required environmental or planning documents. The text of the FEIS shall normally be less than 150 pages and in proposed actions of unusual magnitude or complexity shall normally be less than 300 pages.

(4) If the board makes substantial changes in the proposed action that are relevant to environmental concerns, or if there are significant new circumstances or information relevant to environmental concerns that have bearing on the proposed action or its impacts, that arise after preparation of the FEIS, but before substantial implementation of the action, the board shall prepare supplements to the FEIS. If a supplement is prepared it shall be distributed and reviewed in the same manner as a DEIS or a FEIS as provided in s. TCS 12.07.

History

Cr. Register, April, 1987, No. 376, eff. 5-1-87; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 12.07 Distribution and review of the DEIS {#sec-tcs-12.07 omnilex-key=us-wi-regs-official--agency-tcs--TCS 12.07}

(1) Distribution of the DEIS. Copies of the DEIS shall be distributed as follows:

(a) The governor’s office.

(b) State, federal, and local governmental agencies having special expertise, interest or jurisdiction.

(d) Libraries in the area of the proposed action.

(e) Department of transportation — bureau of environmental data analysis.

(f) Department of natural resources — bureau of environmental analysis and review.

(2) Requested copies. Copies of the DEIS shall also be provided to any individual or group requesting a copy. A charge may be assessed to cover reproduction and handling costs.

(3) Notice of availability of the DEIS.

(a) An announcement sheet giving a brief description of the proposed action, description of the administrative procedures to be followed, the date by which comments on the DEIS are to be submitted to the district, and the locations where copies of the DEIS are available for review will be circulated as follows:

All local and regional units of government which have jurisdiction over the area that may be affected by the proposed action or reasonable alternatives to the proposed action. A request will be made for posting the announcement sheet at the places normally used for public notice.
Local and regional news media in the area affected.
Groups, clubs, committees, or individuals which have demonstrated an interest and have requested receipt of this type of information.
All participants in the scoping process not covered in sub. (1) (a) to (c).

(b) The announcement under par. (a) shall be published as a class I notice, under ch. 985, Stats., in a newspaper published in the district where the proposed action is to occur.

(4) Period of time for comment on the DEIS. A minimum of 45 days from the date the DEIS is mailed shall be allowed for the receipt of comments from state, federal and local agencies and the public.

(5) Informational hearing.

(a) The board shall hold a public hearing on the DEIS. The hearing shall be noticed as follows:

At least 30 days prior to the hearing, notice shall be mailed to all known agencies and offices required to grant any permit or license of approval necessary for the proposal; to any regional planning commission within which the affected area lies; to the governing bodies of all towns, villages, cities and counties within which any part of the proposed action lies; to the governing bodies of any towns, villages or cities contiguous to any town, village or city within which any part of the proposed action lies; and to interested persons who have requested such notification.
At least 25 days prior to the hearing, a notice shall be published as a class I notice, under ch. 985, Stats., in a newspaper circulated in the affected area or, for actions of statewide significance, in the official state newspaper.

(b) The hearing shall be held in the affected area. On actions of statewide significance, the hearing may be held in Madison.

History

Cr. Register, April, 1987, No. 376, eff. 5-1-87; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, April, 1999, No. 520.

Wis. Admin. Code § TCS 12.08 Conversion of DEIS to FEIS {#sec-tcs-12.08 omnilex-key=us-wi-regs-official--agency-tcs--TCS 12.08}

After considering the testimony received at the public hearing on the DEIS, and undertaking whatever further investigation in response to that testimony deemed necessary, the board may convert a DEIS to an FEIS. The conversion may be accomplished by replacing the cover sheet, modifying the statement as judged appropriate to reflect information received at public hearing or while the hearing record was kept open, and by adding an appendix which records and responds to information, concerns, views, arguments, and suggestions received at the hearing and while the hearing record was kept open.

History

Cr. Register, April, 1987, No. 376, eff. 5-1-87.

Wis. Admin. Code § TCS 12.09 Distribution and review of the FEIS {#sec-tcs-12.09 omnilex-key=us-wi-regs-official--agency-tcs--TCS 12.09}

(1) Distribution. The FEIS shall be distributed in the same manner as the DEIS under s. TCS 12.07, and shall also be distributed to any person, organization or agency that submitted comments on the DEIS.

(2) Notice of availability. The availability of the FEIS will be announced through a notice similar to the notice of availability of the DEIS under s. TCS 12.07 (3).

(3) Requested copies. A charge may be assessed to individuals or groups requesting the FEIS to cover reproduction and handling costs.

(4) Period of time for comment on the FEIS. A period of not less than 30 days from the date the FEIS is mailed shall be allowed for receipt of comments from state and federal agencies and the public.

(5) Public hearing. The board shall hold a public hearing on the FEIS. The hearing shall be announced through the notice of availability of the FEIS which shall be published as a class I notice, under ch. 985, Stats., at least 25 days prior to the hearing in a newspaper circulated in the affected area or, for actions of statewide significance, in the official state newspaper.

History

Cr. Register, April, 1987, No. 376, eff. 5-1-87; correction in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § TCS 12.10 Contested case hearing {#sec-tcs-12.10 omnilex-key=us-wi-regs-official--agency-tcs--TCS 12.10}

(1) Petition for contested case hearing. The board shall grant a petition for a contested case hearing on the FEIS when the petition contains a statement of the specific reasons why the petitioner believes a contested case hearing should be held and the petition contains sufficient facts for the board to determine that:

(a) The petitioner satisfies the criteria of s. 227.42, Stats.; or

(b) The petitioner has an individual interest in the outcome of the proceeding and a public interest will be served by holding a contested case hearing.

(2) Time limit for petition. Any petition received by the board requesting a contested case hearing more than 20 days after the date of publication of the notice of availability shall be denied.

(3) Hearing.

(a) If the board grants a request for a contested case hearing, the board shall inform the person making the request about the date, time and place of the hearing.

(b) In the event that more than one request for a contested case hearing on the FEIS is granted, the board shall consolidate the requests and hold one hearing.

(c) The only issue at the hearing shall be whether the FEIS complies with the requirements of s. 1.11, Stats. The persons who requested the hearing shall have the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the FEIS does not comply with the requirements of s. 1.11, Stats.

(d) The hearing shall be held in accordance with the board’s general procedural rules for hearings or, in the absence of those rules, the conditions and procedures set out in ss. 227.44 to 227.50, Stats., except as otherwise provided in this subsection. Rescheduling of hearings shall be at the board’s discretion and shall be granted only for good cause.

(4) Evidence, discovery and disclosure.

(a) The FEIS shall be received into the hearing record as an exception to the hearsay rule and shall be considered by the board in making its decision for whatever probative value the FEIS has.

(b) Notwithstanding any other rule of the board, the parties in proceedings under this section shall have the means of discovery, except written interrogatories and depositions on written questions, available to parties through judicial proceedings set forth in ch. 804, Stats.

The names and addresses of all witnesses, including adverse witnesses, that the party may call to testify at the hearing;
A detailed written summary of the testimony to be elicited from each witness identified in subd. 1., including any option or conclusion of the witness on any matter relevant to the proceedings and the facts and data underlying that opinion or conclusion. The summary shall be an oath or affirmation; and
A copy of any document or other writing, except the FEIS, and a copy or detailed description of any demonstrative evidence the party may offer into evidence as exhibits.

(d)

Any witness whose name, address and summary of testimony is not provided as required in par. (c) 1. and 2. shall not be permitted to testify at the hearing. No witness may testify on any matter not included in the summary of testimony.
No document or other writing or a copy of detailed description of any demonstrative evidence not filed as provided in par. (c) 3. may be made part of the record.

(e) Unless objected to by the board, any summary of testimony of a witness for the person who requested the hearing shall be made part of the record in lieu of the testimony of that witness as an exception to the hearsay rule and shall be considered by the board for whatever probative value that testimony has in making its decision. Unless objected to by the person who requests the hearing, any summary of the testimony of a witness for the board shall be made part of the record in lieu of the testimony of such witness as an exception to the hearsay rule and shall be considered by the board for whatever probative value that testimony has in making its decision.

History

Cr. Register, April, 1987, No. 376, eff. 5-1-87.

Wis. Admin. Code § TCS 12.11 Record of decision {#sec-tcs-12.11 omnilex-key=us-wi-regs-official--agency-tcs--TCS 12.11}

Where an EIS is prepared, the board shall also, at the time of its final decision, prepare a record of decision. The record of decision shall identify all alternatives considered in the order of their environmental preference. The record of decision for the alternative selected shall state whether all practicable means to avoid or minimize environmental harm have been adopted, and if not, why they were not.

Note: The final draft of the EIS issued by the board, and the record of decision provided in s. TCS 12.09, are intended to satisfy the decision requirement of s. 227.47, Stats.

History

Cr. Register, April, 1987, No. 376, eff. 5-1-87.

Chapter TCS 14 ACCOMMODATION OF STUDENT RELIGIOUS BELIEFS

Wis. Admin. Code § TCS 14.01 Purpose {#sec-tcs-14.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 14.01}

This chapter establishes procedures for compliance with s. 38.04 (16), Stats., which provides for the reasonable accommodation of a student’s sincerely held religious beliefs with regard to examinations and other academic requirements.

History

Cr. Register, April, 1993, No. 448, eff. 5-1-93.

Wis. Admin. Code § TCS 14.02 Definitions {#sec-tcs-14.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 14.02}

In this chapter:

(1) “Academic requirement” means any activity required of a student as part of a course of study or as a condition of enrollment.

(2) “Board” means the technical college system board.

(3) “Director” means the person appointed by the board under s. 38.04 (2), Stats.

(4) “District” means a technical college district.

(5) “District board” means the district board in charge of the technical colleges of a district.

(6) “District director” means a person employed by a district pursuant to s. 38.12 (3), Stats.

(7) “Examination” means an exercise testing knowledge or skill.

(8) “Instructor” means a person hired under s. 38.12 (3), Stats., to teach courses.

History

Cr. Register, April, 1993, No. 448, eff. 5-1-93; corrections made under s. 13.93 (2m) (b) 6. and 7., Register, June, 1994, No. 462; 2015 Wis. Act 329: am. (8) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § TCS 14.03 Policies {#sec-tcs-14.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 14.03}

(1) District policies to be adopted. Within 90 days of May 1, 1993, each district board shall adopt, subject to review and approval by the board, policies providing for the reasonable accommodation of a student’s sincerely held religious beliefs with regard to all examinations and other academic requirements. The policies shall be adopted by the district board following a public hearing or an opportunity for public commentary at a district board meeting and shall be filed with the board within 30 days of their adoption. The policies shall provide for all of the following:

(a) Written and timely notification of all students, parents or guardians of minor students, and instructors of district board policies and complaint procedures under this chapter.

(b) Means by which a student can conveniently and confidentially notify an instructor of potential conflicts. Such notification to be in writing within 5 working days prior to the date or dates on which a conflict is anticipated.

(d) A procedure that complies with sub. (3) for receiving and resolving complaints alleging violations of s. 38.04 (16), Stats., or this chapter.

(2) Amendments to district board policies. Amendments to policies adopted under this chapter are subject to the procedures of sub. (1).

(3) Complaint procedure. The complaint procedure under sub. (1) (d) shall provide for all of the following in regard to alleged violations of s. 38.04 (16), Stats., or this chapter:

(a) Designation by the district director of an employee of the district to receive complaints alleging violations.

(b) Within 30 days of receipt of a written complaint, the district director shall issue a written decision in a complaint unless the parties agree to an extension of time.

(4) Appeal.

(a) Persons adversely affected by a district director’s determination under sub. (3) (b) may appeal that decision, in writing, to the district board within 30 days of issuance of the decision. The district board shall issue a written decision within 45 days of filing of the appeal.

(b) Appeals of district board decisions shall be subject to review pursuant to ch. 227, Stats., and ch. TCS 4.

Note: This section provides for final appeal prior to formal hearing procedures to a district board rather than another body.

History

Cr. Register, April, 1993, No. 448, eff. 5-1-93; correction in (4) (b) made under s. 13.93 (2m) 9b) 7, Stats., Register, June, 1994, No. 462.

Chapter TCS 17 TRAINING PROGRAM GRANTS

Wis. Admin. Code § TCS 17.01 Purpose {#sec-tcs-17.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 17.01}

The purpose of this chapter is to establish procedures to implement and administer training grants to technical college districts to provide skills training or other education related to the needs of business under s. 38.41, Stats.

History

CR 05-107: cr. Register April 2006 No. 604, eff. 5-1-06.

Wis. Admin. Code § TCS 17.02 Definitions {#sec-tcs-17.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 17.02}

In this chapter:

(1) “Board” means the technical college system board established under s. 15.94, Stats.

(2) “District” means a technical college district established under ch. 38, Stats.

(3) “District board” means the district board in charge of the technical colleges of a district.

(4) “Instructional materials, software, and equipment” means instructional materials, software and equipment to be directly used or consumed by the business employees during instructional activities.

(5) “Staff development” means learning activities that can be expressly designed to increase the expertise of a technical college district instructor who will deliver instruction described in the grant application.

(6) “Technical college” means a Wisconsin technical college established under ch. 38, Stats.

History

CR 05-107: cr. Register April 2006 No. 604, eff. 5-1-06.

Wis. Admin. Code § TCS 17.03 General {#sec-tcs-17.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 17.03}

(1) Only technical college districts are eligible to apply for grants funds under this chapter.

(2) The board shall approve grant guidelines and may update as needed. The guidelines shall contain application instructions, requirements and procedures, application deadline dates, allowable uses of funds, and award limits.

History

CR 05-107: cr. Register April 2006 No. 604, eff. 5-1-06.

Wis. Admin. Code § TCS 17.04 Grant applications {#sec-tcs-17.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 17.04}

(1) At times established by the board, a district may submit a proposal for a grant to provide skills training or other education related to the needs of business.

(2) Each grant proposal shall include all of the following:

(a) A description of the process used to identify both employee and company needs and the goals and expectations of the program.

(b) A description of the nature of the business receiving training as well as its products or services, including a description of the impact of the business on the local or regional economy.

(d) A standard financial report and detailed budget.

History

CR 05-107: cr. Register April 2006 No. 604, eff. 5-1-06.

Wis. Admin. Code § TCS 17.05 Grant award criteria {#sec-tcs-17.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 17.05}

When considering approval or disapproval, in whole or in part, of a grant award, the board shall consider:

(1) Whether the grant proposal indicates that the district will allocate sufficient financial resources to successfully provide the training or education as proposed in the grant proposal.

(2) The extent to which the proposed training or education will improve employee skill levels, workplace efficiency and productivity.

(3) The extent to which the proposed training or education will improve the availability of services to businesses and promote an increased investment in the development of incumbent workers.

(4) The extent to which the proposed training or services support regional workforce and economic development efforts.

History

CR 05-107: cr. Register April 2006 No. 604, eff. 5-1-06.

Wis. Admin. Code § TCS 17.06 Conditions of the grant award {#sec-tcs-17.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 17.06}

(2) Grant award funds may not be used for administration, marketing, or indirect costs.

(3) The board may establish limitations on the percentage of the grant award funds that may be used to purchase or lease instructional materials, software, equipment or supply items and that may be used to fund staff development costs. Such limitations shall be specified in the grant guidelines approved by the board under s. TCS 17.03 (2).

History

CR 05-107: cr. Register April 2006 No. 604, eff. 5-1-06; CR 10-096: r. (1), am. (2), (3) Register April 2011 No. 664, eff. 5-1-11.

Wis. Admin. Code § TCS 17.07 Reporting requirements {#sec-tcs-17.07 omnilex-key=us-wi-regs-official--agency-tcs--TCS 17.07}

A district receiving a grant under this chapter shall submit to the board data and information on the use and effect of grant funds as specified in the grant guidelines approved by the board under s. TCS 17.03 (2).

History

CR 05-107: cr. Register April 2006 No. 604, eff. 5-1-06.

Wis. Admin. Code TCS — Technical College System Board

Chapter TCS 1 DISTRICT REORGANIZATION PROCEEDINGS

Wis. Admin. Code § TCS 1.01 Applicability and purpose {#sec-tcs-1.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.01}

Wis. Admin. Code § TCS 1.02 Definitions {#sec-tcs-1.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.02}

Wis. Admin. Code § TCS 1.03 Commencement of reorganization proceedings {#sec-tcs-1.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.03}

Wis. Admin. Code § TCS 1.04 Reorganization proceedings initiated by the board {#sec-tcs-1.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.04}

Wis. Admin. Code § TCS 1.05 Reorganization proceedings commenced by petition {#sec-tcs-1.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.05}

Wis. Admin. Code § TCS 1.06 District reorganization orders {#sec-tcs-1.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 1.06}

Chapter TCS 2 DISTRICT BOARD MEMBER APPOINTMENTS

Wis. Admin. Code § TCS 2.01 Purpose {#sec-tcs-2.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.01}

Wis. Admin. Code § TCS 2.02 Definitions {#sec-tcs-2.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.02}

Wis. Admin. Code § TCS 2.03 District duties {#sec-tcs-2.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.03}

Wis. Admin. Code § TCS 2.04 Board review of appointments {#sec-tcs-2.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.04}

Wis. Admin. Code § TCS 2.05 Notification of board action {#sec-tcs-2.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.05}

Wis. Admin. Code § TCS 2.06 Appointments by the board {#sec-tcs-2.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 2.06}

Chapter TCS 3 CERTIFICATION OF PERSONNEL REQUIREMENTS AND PROCEDURES

Wis. Admin. Code § TCS 3.01 Purpose and application {#sec-tcs-3.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.01}

Wis. Admin. Code § TCS 3.02 Definitions {#sec-tcs-3.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.02}

Wis. Admin. Code § TCS 3.03 District documentation of instructor credentials {#sec-tcs-3.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.03}

Wis. Admin. Code § TCS 3.04 Instructor requirements {#sec-tcs-3.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.04}

Wis. Admin. Code § TCS 3.05 Faculty Quality Assurance System {#sec-tcs-3.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.05}

Wis. Admin. Code § TCS 3.06 Review of district compliance {#sec-tcs-3.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 3.06}

Chapter TCS 4 ADMINISTRATIVE HEARING PROCEDURES

Wis. Admin. Code § TCS 4.01 Definitions {#sec-tcs-4.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.01}

Wis. Admin. Code § TCS 4.02 Communications and documents addressed to the board {#sec-tcs-4.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.02}

Wis. Admin. Code § TCS 4.03 Location of hearing {#sec-tcs-4.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.03}

Wis. Admin. Code § TCS 4.04 Parties {#sec-tcs-4.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.04}

Wis. Admin. Code § TCS 4.05 Service of papers and documents {#sec-tcs-4.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.05}

Wis. Admin. Code § TCS 4.06 Form and style of pleadings {#sec-tcs-4.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.06}

Wis. Admin. Code § TCS 4.07 How proceedings instituted {#sec-tcs-4.07 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.07}

Wis. Admin. Code § TCS 4.08 Contents of petition for review {#sec-tcs-4.08 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.08}

Wis. Admin. Code § TCS 4.10 Notice of hearing {#sec-tcs-4.10 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.10}

Wis. Admin. Code § TCS 4.11 Prehearing conferences {#sec-tcs-4.11 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.11}

Wis. Admin. Code § TCS 4.12 Conduct of hearings {#sec-tcs-4.12 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.12}

Wis. Admin. Code § TCS 4.13 Appearances {#sec-tcs-4.13 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.13}

Wis. Admin. Code § TCS 4.14 Order of presenting evidence {#sec-tcs-4.14 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.14}

Wis. Admin. Code § TCS 4.15 Evidence and official notice {#sec-tcs-4.15 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.15}

Wis. Admin. Code § TCS 4.16 Defaults {#sec-tcs-4.16 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.16}

Wis. Admin. Code § TCS 4.17 Subpoenas and witnesses {#sec-tcs-4.17 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.17}

Wis. Admin. Code § TCS 4.18 Record of hearings {#sec-tcs-4.18 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.18}

Wis. Admin. Code § TCS 4.19 Stipulations {#sec-tcs-4.19 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.19}

Wis. Admin. Code § TCS 4.20 Motions {#sec-tcs-4.20 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.20}

Wis. Admin. Code § TCS 4.21 Oral statements and arguments {#sec-tcs-4.21 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.21}

Wis. Admin. Code § TCS 4.22 Briefs {#sec-tcs-4.22 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.22}

Wis. Admin. Code § TCS 4.23 Decisions {#sec-tcs-4.23 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.23}

Wis. Admin. Code § TCS 4.24 Petition for rehearing {#sec-tcs-4.24 omnilex-key=us-wi-regs-official--agency-tcs--TCS 4.24}

Chapter TCS 5 FACILITY DEVELOPMENT PROCEDURES

Wis. Admin. Code § TCS 5.01 Purpose {#sec-tcs-5.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.01}

Wis. Admin. Code § TCS 5.02 Definitions {#sec-tcs-5.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.02}

Wis. Admin. Code § TCS 5.03 Submission of request {#sec-tcs-5.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.03}

Wis. Admin. Code § TCS 5.04 Contents of submittal {#sec-tcs-5.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.04}

Wis. Admin. Code § TCS 5.05 Fiscal impact {#sec-tcs-5.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.05}

Wis. Admin. Code § TCS 5.06 Notification of review {#sec-tcs-5.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.06}

Wis. Admin. Code § TCS 5.07 Notification of board action {#sec-tcs-5.07 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.07}

Wis. Admin. Code § TCS 5.08 Criteria used in review {#sec-tcs-5.08 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.08}

Wis. Admin. Code § TCS 5.09 Exclusion of minor remodeling and minor rentals {#sec-tcs-5.09 omnilex-key=us-wi-regs-official--agency-tcs--TCS 5.09}

Chapter TCS 6 GENERAL DISTRICT POLICIES

Wis. Admin. Code § TCS 6.01 Purpose {#sec-tcs-6.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.01}

Wis. Admin. Code § TCS 6.02 Definitions {#sec-tcs-6.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.02}

Wis. Admin. Code § TCS 6.03 General district policies {#sec-tcs-6.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.03}

Wis. Admin. Code § TCS 6.04 Employee and district board member travel and expense reimbursement {#sec-tcs-6.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.04}

Wis. Admin. Code § TCS 6.05 Procurement {#sec-tcs-6.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.05}

Wis. Admin. Code § TCS 6.06 Personnel {#sec-tcs-6.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 6.06}

Chapter TCS 7 DISTRICT BUDGET, AUDIT AND FINANCE

Wis. Admin. Code § TCS 7.01 Purpose {#sec-tcs-7.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.01}

Wis. Admin. Code § TCS 7.02 Definitions {#sec-tcs-7.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.02}

Wis. Admin. Code § TCS 7.03 Adoption of standards by reference {#sec-tcs-7.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.03}

Wis. Admin. Code § TCS 7.04 Accounting system and structure {#sec-tcs-7.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.04}

Wis. Admin. Code § TCS 7.05 District budgets and financial disclosure {#sec-tcs-7.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.05}

Wis. Admin. Code § TCS 7.06 Accounting and financial reporting related to facilities {#sec-tcs-7.06 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.06}

Wis. Admin. Code § TCS 7.07 Capital expenditure projects under s. 38.15, Stats {#sec-tcs-7.07 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.07}

Wis. Admin. Code § TCS 7.08 District financial audits {#sec-tcs-7.08 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.08}

Wis. Admin. Code § TCS 7.09 Withholding of aids distributed by the board {#sec-tcs-7.09 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.09}

Wis. Admin. Code § TCS 7.10 Payment of state aids {#sec-tcs-7.10 omnilex-key=us-wi-regs-official--agency-tcs--TCS 7.10}

Chapter TCS 8 CONTRACT FOR SERVICES

Wis. Admin. Code § TCS 8.01 Purpose {#sec-tcs-8.01 omnilex-key=us-wi-regs-official--agency-tcs--TCS 8.01}

Wis. Admin. Code § TCS 8.02 Definitions {#sec-tcs-8.02 omnilex-key=us-wi-regs-official--agency-tcs--TCS 8.02}

Wis. Admin. Code § TCS 8.03 Services outside district {#sec-tcs-8.03 omnilex-key=us-wi-regs-official--agency-tcs--TCS 8.03}

Wis. Admin. Code § TCS 8.04 General district policies {#sec-tcs-8.04 omnilex-key=us-wi-regs-official--agency-tcs--TCS 8.04}

Wis. Admin. Code § TCS 8.05 Contract requirements {#sec-tcs-8.05 omnilex-key=us-wi-regs-official--agency-tcs--TCS 8.05}