Wisconsin - Building Construction and Maintenance: Program Requirement

Area: 
Program Requirement
Policy Type: 
regulation; statute
Summary: 

State law establishes comprehensive guidelines and accountability measures for school construction and building maintenance that include detailed provisions for addressing student health and safety.

Wisconsin Statutes 120.135 Capital improvement fund.

(1) By July 1, 2000, by a two-thirds vote of the members elect, a school board may adopt a resolution creating a capital improvement fund for the purpose of financing the cost of acquiring and improving sites, constructing school facilities and major maintenance of or remodeling, renovating and improving school facilities if all of the following are true:

  • (a) A tax incremental district that is located in whole or in part in the school district is terminated before the maximum number of years that the tax incremental district would have existed under s. 66.1105 (7) (am) or (ar).
  • (b) The value increment of the tax incremental district exceeds $300,000,000.

(2) In each year in which the school board adopts a resolution by a two-thirds vote of the members elect expressing its intention to do so until the year after the year in which the tax incremental district would have been required to terminate under s. 66.1105 (7) (am) or (ar), the school board may deposit into the capital improvement fund the percentage, not to exceed 100 percent, specified in the resolution of the school district’s portion of the positive tax increment of the tax incremental district in that year, as determined by the department of revenue under s. 66.1105.

(3) The school board shall use the balance of the school district’s portion of the positive tax increment of the tax incremental district to reduce the levy that otherwise would be imposed.

(4)

  • (a) Money in the capital improvement fund may not be used for any purpose or be transferred to any other fund without the approval of a majority of the electors of the school district voting on the question at a referendum.
  • (b) The school board may not deposit into the capital improvement fund any amount other than the percentage specified under sub. (2).

(5) The school board shall submit a report by January 1 of each odd-numbered year to the governor and the joint committee on finance describing the use of the moneys deposited into the fund under sub. (1) and the effects of that use.


Wisconsin Statutes 120.137 Long-term capital improvement trust fund.

(1) In this section, a “long-term capital improvement plan” is a capital improvement plan for at least a 10-year period.

(2) A school board that has approved a long-term capital improvement plan may create a long-term capital improvement trust fund for the purpose of financing the costs of the capital improvements included in the school board’s approved long-term capital improvement plan.

(3)

  • (a) A school board may not expend money deposited in a long-term capital improvement trust fund created under sub. (2) for a period of 5 years beginning on the date the trust fund is created.
  • (b) After the 5-year period described in par. (a), a school board may make expenditures from a long-term capital improvement trust fund solely for the purposes described in the school board’s approved long-term capital improvement plan and may not transfer money from a long-term capital improvement trust fund to any other school district fund.

Wisconsin Administrative Code PI 8.01 School district standards.

(i) Safe and healthful facilities. A long-range plan shall be developed, adopted, and recorded by the school board which defines the patterns and schedule for maintaining the district operated facilities at the level of the standards established for safe and healthful facilities. The school board shall comply with all regulations, state codes, and orders of the department of safety and professional services and the department of health services and all applicable local safety and health codes and regulations. The facilities shall be inspected at least annually for potential or demonstrated hazards to safety and health, and hazardous conditions shall be corrected, compensating devices installed or special arrangements made to provide for safe and healthful facilities. Maintenance procedures and custodial services shall be conducted in such a manner that the safety and health of persons using the facilities are protected. Responsibility for coordinating all activities related to the safety and health considerations of the facilities for the entire district shall be assigned to one individual.

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