Introduction
Legal Status of the Milwaukee Public School System
The United States Constitution leaves to the individual states the responsibility for public education. In turn, the constitution of the State of Wisconsin places the responsibility of establishing and maintaining public schools on the State Legislature. The State Constitution further provides for a Department of Public Instruction, headed by the State Superintendent of Public Instruction, to have general supervision of public instruction.
The State Legislature is required by law to provide for the establishment of district schools “which shall be as nearly uniform as practicable.” In accordance with this mandate, the State Legislature has the power to create, dissolve, alter, and consolidate school districts.
Legally, the school boards are agents of the State, created by the Legislature and selected by the electors of the local school districts to represent and act for the State in providing the district with educational programs and facilities. Organized formally in 1846, the Milwaukee Public Schools (MPS) operate in accordance with the Wisconsin Statutes, Chapter 119, and other applicable statutes governing Cities of the First Class.
The MPS system encompasses the area within the corporate limits of the City of Milwaukee, but is a separate legal entity and subdivision of the State. The Milwaukee Board of School Directors is a policy-making body for the school system, representing the will of the local citizenry and adhering to the ethics of the education profession.
As established by law, the Milwaukee Board of School Directors consists of nine members: one member elected at large, and eight members elected from numbered districts as determined by the Milwaukee Board of School Directors. The regular term of each member is four years and until their successors have been elected and qualified.
History: Adopted 11-19-2015
Legal Ref. : United States Constitution, Tenth Amendment; Wisconsin Constitution, Article X; Wisconsin Statutes, Chapter 119
Board Rules
MPS operates in accordance with Chapter 119 of the Wisconsin Statutes and other applicable statutes governing Cities of the First Class. In accordance with these provisions, the Milwaukee Board of School Directors is empowered to establish rules for its own governance.
The current Board Rules are organized under the following articles:
Article I: Organization and Procedure
Article II: Committees
Article III: Code of Ethics – Board of School Directors
Appendices to the Board Rules, concerning specific procedures to be followed by the Board relating to employee disciplinary hearings and to censure or removal of board members from office, have also been included.
History: Adopted 11-19-2015
Legal Ref. : United States Constitution, Tenth Amendment; Wisconsin Constitution, Article X; Wisconsin Statutes, Chapter 119