AB400-ASA1, s. 8 13Section 8. 117.05 (4) (a) (intro.) of the statutes is amended to read:
AB400-ASA1,5,1814 117.05 (4) (a) Pending proceedings. (intro.) A reorganization proceeding is
15pending from the date that a petition is filed under s. 117.105 (1) (a), 117.11 (2) or
16117.12 (2) or a resolution is adopted under s. 117.08 (1), 117.09 (1), 117.10 (1), 117.105
17(1) (b),
117.13 (2) or 117.132 (2) until the date on which the latest of any of the
18following occurs:
AB400-ASA1, s. 9 19Section 9. 117.05 (4) (d) of the statutes is created to read:
AB400-ASA1,5,2520 117.05 (4) (d) Four-year limitation on consideration of creation of a school
21district.
1. Except as provided in subd. 2., no petition may be filed or resolution
22adopted for the creation of a new school district under s. 117.105 (1) (a) or (b) before
23the 5th July 1 following the filing of a petition under s. 117.105 (1) (a) or the adoption
24of a resolution under s. 117.105 (1) (b) for any reorganization that includes any of the
25same territory.
AB400-ASA1,6,4
12. The limitation under subd. 1. does not apply if the school board of each
2affected school district adopts a resolution waiving the limitation. If a school board
3denies a request for a waiver under this subdivision, the denial may not be appealed
4under this chapter.
AB400-ASA1, s. 10 5Section 10. 117.05 (5) (a) of the statutes is amended to read:
AB400-ASA1,6,136 117.05 (5) (a) Territory in district. All territory within this state shall be
7included in a school district operating elementary school grades and a school district
8operating high school grades or in a school district operating both elementary and
9high school grades. No territory may be detached from a school district unless by the
10same order it is attached to another school district or included in a new school district
11created by the order
. No territory may be detached from a school district that
12operates high school grades unless by the same order it is attached to or included in
13another school district that operates high school grades.
AB400-ASA1, s. 11 14Section 11. 117.05 (8) of the statutes is amended to read:
AB400-ASA1,6,2015 117.05 (8) Information on reorganization procedures. The department shall
16prepare a written description of the procedures for school district reorganizations
17under ss. 117.08 to 117.132 and distribute copies to school district clerks. A school
18district clerk shall give a copy of the description to any person, upon request, and to
19any person filing a petition with the clerk under s. 117.08 (3) (a) 2., 117.09 (3) (a) 2.,
20117.105 (1) (a), 117.11 (2) or (4) (a) 2. or 117.12 (2), at the time the petition is filed.
AB400-ASA1, s. 12 21Section 12. 117.05 (9) (title) of the statutes is amended to read:
AB400-ASA1,6,2222 117.05 (9) (title) Appeal Board and appeal panel fees.
AB400-ASA1, s. 13 23Section 13. 117.05 (9) (a) (intro.) of the statutes is amended to read:
AB400-ASA1,7,3
1117.05 (9) (a) (intro.) The department may charge the following persons a fee
2sufficient to reimburse the department for the costs of the board under ss. 117.10,
3117.105
and 117.132:
AB400-ASA1, s. 14 4Section 14. 117.05 (9) (a) 1. and 2. of the statutes are created to read:
AB400-ASA1,7,65 117.105 (9) (a) 1. The school boards of the affected school districts under s.
6117.105 if they fail to reach agreement under s. 117.105 (1m) (b).
AB400-ASA1,7,87 2. A person who files a petition requesting review by the board under s. 117.105
8(2m).
AB400-ASA1, s. 15 9Section 15. 117.05 (9) (b) of the statutes is amended to read:
AB400-ASA1,7,1610 117.05 (9) (b) The clerk of the school district ordering the dissolution or
11requesting review shall pay the fee under par. (a) 3. or 4. to the department. The clerk
12of each affected school district shall pay the fee under par. (a) 1. to the department.
13The department shall allocate the fee under par. (a) 1. among the school districts
14from which territory is being detached to create a new school district if there is more
15than one such school district.
The secretary of the board shall forward the fee fees
16collected under par. (a) 1. and 5. to the department.
AB400-ASA1, s. 16 17Section 16. 117.05 (10) of the statutes, as affected by 1995 Wisconsin Act 27,
18is amended to read:
AB400-ASA1,7,2319 117.05 (10) Secretary to advise. The secretary shall advise and consult with
20school boards regarding school district organization and reorganization. If, in the
21secretary's opinion, one or more school districts should be created, altered,
22consolidated or dissolved, he or she may make recommendations to the school boards
23of the affected school districts.
AB400-ASA1, s. 17 24Section 17. 117.105 of the statutes is created to read:
AB400-ASA1,8,3
1117.105 Creation of a school district. (1) Initiation of procedures.
2Procedures to create a school district from the territory of one or more existing school
3districts may be initiated by any of the following methods:
AB400-ASA1,8,124 (a) Before July 1 of any year, a written petition requesting the creation of a
5school district may be filed with the clerk of the school district that has the highest
6equalized valuation of the affected school districts. The petition shall be signed by
7at least 20% of the total number of electors residing in the affected school districts
8and by at least 5% of the number of electors residing in each affected school district.
9The school district clerk with whom the petition is filed shall immediately send a
10certified notice of the petition to the school board of each affected school district and
11to the secretary of the board. The petition shall include the approximate boundaries
12of the proposed school district.
AB400-ASA1,8,1913 (b) Before July 1 of any year, the school board of each school district from which
14territory will be detached to create the proposed school district may adopt a
15resolution stating that the school board will consider the creation of the school
16district. The resolution shall include the approximate boundaries of the proposed
17school district. The school district clerk of each school board adopting a resolution
18under this paragraph shall send a certified copy of the resolution to the school boards
19of each of the other affected school districts and to the secretary of the board.
AB400-ASA1,8,24 20(1m) Hearing; boundaries; assets and liabilities. (a) Upon receipt of a petition
21or notice under sub. (1) (a), or upon the adoption of a resolution and the receipt of
22copies of resolutions adopted by the school board of each of the other affected school
23districts under sub. (1) (b), the school board shall hold a public hearing on the
24proposed reorganization.
AB400-ASA1,9,11
1(b) Before the November 1 following the receipt of a petition or notice under sub.
2(1) (a) or the adoption of resolutions under sub. (1) (b), the school boards of the
3affected school districts may agree on the precise boundaries of the proposed school
4district and the apportionment of the assets and liabilities between the affected
5school districts and the proposed school district according to the criteria under s.
666.03 (2c). The school boards may establish an alternative method to govern the
7assignment of assets and liabilities as provided in s. 66.03 (2c) (b). In determining
8the precise boundaries, the school boards may not detach territory from any
9additional school districts. The clerk of the school district that has the highest
10equalized valuation of the affected school districts shall notify the board of their
11agreement or their failure to reach agreement.
AB400-ASA1,9,1612 (c) If the school boards of the affected school districts fail to agree on the precise
13boundaries or on the apportionment of assets and liabilities by November 1 under
14par. (b), the board shall issue an order doing so by the following March 1. In
15determining the precise boundaries of the proposed school district, the board may not
16detach territory from any additional school districts.
AB400-ASA1,9,25 17(2) School board action. Before the February 1 following the determination
18of the precise boundaries of the proposed school district and the apportionment of
19assets and liabilities under sub. (1m) (b), or before the May 1 following an order
20issued by the board under sub. (1m) (c), the school board of each affected school
21district shall adopt a resolution ordering or denying the creation of the school district.
22The resolution shall state the school board's rationale for ordering or denying the
23reorganization and include an evaluation of each of the factors specified in s. 117.15.
24The school district clerk of each school board adopting a resolution under this
25subsection, either ordering or denying the reorganization, shall, within 5 days after

1the adoption of the resolution, send a certified copy of the resolution to the school
2boards of each of the other affected school districts and file a certified copy of the
3resolution as provided in s. 117.17 (2).
AB400-ASA1,10,5 4(2m) Board review. (a) The board shall review a proposed reorganization
5under this section if any of the following occurs:
AB400-ASA1,10,126 1. The school board of each affected school district issues an order under sub.
7(2) granting the proposed reorganization, and a petition for board review of the
8proposed reorganization, signed by at least 10% of the number of electors residing
9in the territory of the affected school districts that is not within the proposed school
10district, is filed with the secretary of the board. The petition shall be filed by March
111 following the school board action under sub. (2), or by June 1 following the school
12board action under sub. (2) if the board issued an order under sub. (1m) (c).
AB400-ASA1,10,1913 2. The school board of any of the affected school districts issues an order under
14sub. (2) denying the proposed reorganization, and a petition for board review of the
15proposed reorganization, signed by at least 10% of the number of electors residing
16in each affected school district, is filed with the secretary of the board. The petition
17shall be filed by March 1 following the school board action under sub. (2), or by June
181 following the school board action under sub. (2) if the board issued an order under
19sub. (1m) (c).
AB400-ASA1,11,320 (b) Upon receipt of a petition for review under par. (a), the secretary of the board
21shall immediately notify the school board of each affected school district and the
22board shall hold a public hearing on the proposed reorganization. After the hearing
23and after consulting with the school boards of the affected school districts, but before
24July 1, the board may modify the boundaries of the proposed school district and the
25apportionment of assets and liabilities between the affected school districts and the

1proposed school district unless the board determined the boundaries and
2apportionment under sub. (1m) (c). The board may not modify the boundaries by
3detaching territory from any additional school districts.
AB400-ASA1,11,104 (bm) If the board modifies the boundaries or the apportionment of assets and
5liabilities under par. (b), it shall immediately notify the school board of each affected
6school district, and before August 15, the school board of each affected school district
7may proceed under sub. (2) to issue an order either granting or denying the proposed
8reorganization, as modified by the board. The board shall then proceed under par.
9(c) without the filing of a new petition under par. (a) but may not issue an order under
10par. (c) before August 21.
AB400-ASA1,11,1711 (c) By October 1 following receipt of a petition for review under par. (a), the
12board shall issue an order either granting or denying the proposed reorganization.
13The order shall state the board's rationale and include an evaluation of each of the
14factors specified in s. 117.15. The board may overturn the decision of the school
15boards only if it finds that the school boards' conclusions regarding the factors
16specified in s. 117.15 are not supported by the facts or that the school boards did not
17properly apply these factors.
AB400-ASA1,11,19 18(3) Referendum. (a) A referendum shall be held under par. (b) if any of the
19following occurs:
AB400-ASA1,11,2120 1. The school boards of all of the affected school districts grant the proposed
21reorganization and there is no petition filed for board review.
AB400-ASA1,11,2422 2. The school boards of all of the affected school districts grant the proposed
23reorganization, a petition for board review is filed and the board grants the proposed
24reorganization.
AB400-ASA1,12,3
13. The school board of one or more of the affected school districts denies the
2proposed reorganization, a petition for board review is filed and the board grants the
3proposed reorganization.
AB400-ASA1,12,84 (b) If a referendum is required under par. (a), the board shall immediately
5notify the school boards of each of the affected school districts and the clerk of each
6city, village or town, any part of which is contained within an affected school district.
7The referendum shall be held in the territory of the school district proposed to be
8created by the reorganization.
AB400-ASA1,12,17 9(4) Order of reorganization if approved at referendum. If a majority of the
10votes cast in the territory of the school district proposed to be created by the
11reorganization is in favor of the creation of the proposed school district, at the time
12of canvassing the returns the school boards of the affected school districts shall make
13and file an order of school district reorganization under s. 117.17 (2). The
14reorganization shall take effect on the following July 1 unless the school board of the
15newly created school district adopts and files a resolution, as provided in s. 117.17
16(2), stating that the reorganization shall take effect on the 2nd July 1 following the
17order of reorganization.
AB400-ASA1, s. 18 18Section 18. 117.14 (1) (b) of the statutes is amended to read:
AB400-ASA1,12,2419 117.14 (1) (b) If the order is issued under ss. 117.11 117.105 to 117.132, the
20appeal shall be filed with the circuit court of any county in which any of the territory
21proposed to be detached from one school district and attached to, or included in,
22another school district is located or with the circuit court of any county in which any
23territory of the school district to which the territory is proposed to be attached, or the
24school district that is proposed to be created,
is located.
AB400-ASA1, s. 19 25Section 19. 117.17 (1) (a) of the statutes is amended to read:
AB400-ASA1,13,14
1117.17 (1) (a) Every order of school district reorganization under s. 117.08 or,
2117.09 or 117.105 that creates a new school district shall state the school districts
3which are dissolved or from which territory is detached to create the new school
4district, name the new school district, state the type of school district and the grades
5to be taught by the new school district pursuant to s. 115.01 (2), (3) and (5), designate
6the number of school board members under s. 120.01 or 120.41, designate the terms
7of initial members of the school board under s. 120.02 (3) (a), designate the method
8of election of school board members under s. 120.06 or 120.42, direct the election of
9school board members under s. 120.06 or 120.42, insofar as applicable, designate the
10date of the first election of school board members, as provided under s. 117.22 (2) (b),
11and fix the time and place for the first annual meeting of the new school district, if
12one is to be held. The secretary of the board shall give notice of the first annual
13meeting, if one is to be held, under s. 120.08 (1) (c), and shall designate a person to
14act as temporary chairperson of the annual meeting until a chairperson is elected.
AB400-ASA1, s. 20 15Section 20. 117.17 (1) (bm) of the statutes is created to read:
AB400-ASA1,13,1916 117.17 (1) (bm) Every order of school district reorganization under s. 117.105
17shall describe the territory of the school districts from which territory is detached to
18create the new school district, state the school district created by the order and
19describe the territory of the school district created by the order.
AB400-ASA1, s. 21 20Section 21. 117.20 (1) of the statutes is amended to read:
AB400-ASA1,14,221 117.20 (1) If a referendum is required under ss. 117.08 to 117.11, it shall be held
22on the Tuesday after the first Monday in November following receipt of the petition
23or adoption of the resolution under s. 117.08 (3) (a), 117.09 (3) (a), 117.10 (3) (a) or
24117.11 (4) (a). If a referendum is required under s. 117.105, it shall be held on the

1Tuesday after the first Monday in the 2nd November following receipt of the petition
2or adoption of the resolution under s. 117.105 (1).
AB400-ASA1, s. 22 3Section 22. 117.22 (2) (a) 1. of the statutes is amended to read:
AB400-ASA1,14,54 117.22 (2) (a) 1. The clerk of the affected school district that has the highest
5equalized valuation, if an order of reorganization is issued under s. 117.08 or 117.105.
AB400-ASA1, s. 23 6Section 23. 117.22 (2) (bm) of the statutes is created to read:
AB400-ASA1,14,97 117.22 (2) (bm) If an order of reorganization is issued under s. 117.105, the first
8election of school board members shall be held at the spring election following the
9referendum under s. 117.105 (3).
AB400-ASA1, s. 24 10Section 24. 117.25 (4) of the statutes is created to read:
AB400-ASA1,14,1211 117.25 (4) Creations. When a school district is created under s. 117.105, all of
12the following apply:
AB400-ASA1,14,1713 (a) Any employe of a school district from which territory is detached by the
14reorganization who is laid off as a result of the reorganization has priority over other
15persons for 3 years after the effective date of the reorganization for new positions and
16vacant positions for which he or she is qualified in the school district that is created
17by the reorganization.
AB400-ASA1,14,2218 (b) Any person who wishes to exercise his or her priority under par. (a) shall
19notify the school district that is created by the reorganization, in writing, that he or
20she wishes to be considered for any new position or vacant position and shall include
21in the notice the address to be used by the school district to notify the person of such
22positions.
AB400-ASA1, s. 25 23Section 25. 117.30 (1) of the statutes is renumbered 117.30 (1) (a) and
24amended to read:
AB400-ASA1,15,18
1117.30 (1) (a) If Except as provided under par. (b), if a school district for 2 or
2more successive years has failed to operate a school as required by law sufficient
3classes at each grade level to provide all pupils who reside in the school district an
4opportunity to attend class at the appropriate grade level
, the board shall attach the
5territory of the school district to one or more school districts that do operate schools
6so. Within 60 days of the date on which a school district becomes subject to this
7section, the department shall so notify the school district clerk and the clerk of each
8municipality in which part of the school district lies. Prior to August 30 of the year
9in which the school district becomes subject to this section, the board shall issue an
10order of school district reorganization attaching the school district to one or more
11operating school districts. Orders issued under this section take effect upon being
12filed as provided in s. 117.17 (2). The school board of each district to which any
13territory is attached under this section shall levy and collect a special tax against the
14property in the territory so attached for such amount as is payable for tuition and
15transportation, at the time of the attachment, by the school district in which the
16attached territory was located prior thereto, in the proportion that the equalized
17valuation of the attached territory bears to the total equalized valuation of the school
18district in which such territory was located prior to such attachment.
AB400-ASA1, s. 26 19Section 26. 117.30 (1) (b) of the statutes is created to read:
AB400-ASA1,16,220 117.30 (1) (b) Before the end of the first school year beginning after the effective
21date of a reorganization under s. 117.105, the school board of the school district
22created by the reorganization may request the department to extend the 2-year time
23period under par. (a) by one year. The department may grant the extension, and may
24renew the extension for additional one-year periods, if the department determines
25that the school board has adequate plans and is making adequate progress toward

1operating sufficient classes at each grade level to provide all pupils who reside in the
2school district an opportunity to attend class at the appropriate grade level.
AB400-ASA1, s. 27 3Section 27. 121.07 (6) (e) of the statutes, as affected by 1995 Wisconsin Act 27,
4is renumbered 121.07 (6) (e) 1.
AB400-ASA1, s. 28 5Section 28. 121.07 (6) (e) 2. of the statutes is created to read:
AB400-ASA1,16,106 121.07 (6) (e) 2. For a school district from which territory was detached to
7create a school district under s. 117.105, in each of the 4 school years beginning on
8the July 1 following the effective date of the reorganization under s. 117.105, the
9amounts under par. (b) and (d) shall be multiplied by 1.1 and rounded to the next
10lower dollar.
AB400-ASA1, s. 29 11Section 29. 121.07 (7) (e) of the statutes, as affected by 1995 Wisconsin Act 27,
12is renumbered 121.07 (7) (e) 1.
AB400-ASA1, s. 30 13Section 30. 121.07 (7) (e) 2. of the statutes is created to read:
AB400-ASA1,16,1814 121.07 (7) (e) 2. For a school district from which territory was detached to
15create a school district under s. 117.105, in each of the 4 school years beginning on
16the July 1 following the effective date of the reorganization under s. 117.105, the
17amounts under pars. (a) to (bm) shall be multiplied by 1.1 and rounded to the next
18lower dollar.
AB400-ASA1, s. 31 19Section 31. 121.78 (2) (bm) of the statutes is created to read:
AB400-ASA1,17,220 121.78 (2) (bm) The school board of a school district from which territory was
21detached to create a school district under s. 117.105 and the school board of the school
22district created under s. 117.105 shall permit a pupil who resides in the territory that
23was detached to continue to attend school in the school district from which the
24territory was detached until the school district created by the reorganization begins

1offering instruction at the pupil's grade level. The school board of the school district
2created by the reorganization shall pay tuition for the pupil.
AB400-ASA1, s. 32 3Section 32. 121.78 (2) (br) of the statutes is created to read:
AB400-ASA1,17,104 121.78 (2) (br) 121.78 (2) (br) The school board of a school district from which
5territory was detached to create a school district under s. 117.105 and the school
6board of the school district created under s. 117.105 shall permit a pupil who resides
7in the territory that was detached and has gained 12th grade status in the school
8district from which the territory was detached to continue to attend school in the
9school district from which the territory was detached. The school board of the school
10district created by the reorganization shall pay tuition for the pupil.
AB400-ASA1, s. 33 11Section 33. 121.84 (1) (b) of the statutes is amended to read:
AB400-ASA1,17,1712 121.84 (1) (b) Upon request of a pupil's parent or guardian, a school board of
13a district operating high school grades shall permit a pupil who has gained 12th
14grade status in a high school under its jurisdiction and is a resident of the school
15district at the time of gaining such status to complete 12th grade at the high school
16without payment of tuition, even though the pupil is no longer a resident of the school
17district. This paragraph does not apply to a pupil to whom s. 121.78 (2) (br) applies.
AB400-ASA1, s. 34 18Section 34. 121.90 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
19is renumbered 121.90 (2) (intro.) and amended to read:
AB400-ASA1,17,2220 121.90 (2) (intro.) "State aid" means aid under ss. 121.08, 121.09, 121.10 and
21121.105 and subch. VI, as calculated for the current school year on October 15 under
22s. 121.15 (4), except that "state aid" excludes any all of the following:
AB400-ASA1,17,25 23(a) Any additional aid that a school district receives as a result of ss. 121.07 (6)
24(e) 1. and (7) (e) 1. and 121.105 (3) for school district consolidations that are effective
25on or after July 1, 1995, as determined by the department.
AB400-ASA1, s. 35
1Section 35. 121.90 (2) (b) of the statutes is created to read:
AB400-ASA1,18,42 121.90 (2) (b) Any additional aid that a school district receives as a result of s.
3121.07 (6) (e) 2. and (7) (e) 2. for school district reorganizations under s. 117.105, as
4determined by the department.
AB400-ASA1, s. 36 5Section 36. 121.905 (3) (a) of the statutes, as created by 1995 Wisconsin Act
627
, is renumbered 121.905 (3) (a) 1. and amended to read:
AB400-ASA1,18,147 121.905 (3) (a) 1. Calculate Except as provided under subd. 2., calculate the
8sum of the amount of aid received under ss. 121.08, 121.10 and 121.105 and subch.
9VI in the previous school year and property taxes levied for the previous school year,
10excluding funds described under s. 121.91 (4) (c), and the costs of the county
11handicapped children's education board program, as defined in s. 121.135 (2) (a) 2.,
12for pupils who were school district residents and solely enrolled in a special education
13program provided by a county handicapped children's education board in the
14previous school year.
AB400-ASA1, s. 37 15Section 37. 121.905 (3) (a) 2. of the statutes is created to read:
AB400-ASA1,18,1816 121.905 (3) (a) 2. For a school district created under s. 117.105, for the school
17year beginning with the effective date of the reorganization, perform the following
18calculations:
AB400-ASA1,18,2019 a. Calculate the sum under subd. 1. for each of the school districts from which
20territory was detached to create the new school district.
AB400-ASA1,18,2221 b. For each of those school districts, divide the result in subd. 2. a. by the
22number of pupils enrolled in that school district in the previous school year.
AB400-ASA1,18,2523 c. For each of those school districts, multiply the result in subd. 2. b. by the
24number of pupils enrolled in that school district in the previous school year who
25resided in territory that was detached to create the new school district.
AB400-ASA1,19,1
1d. Calculate the sum of the amounts determined under subd. 2. c.
AB400-ASA1, s. 38 2Section 38. 121.905 (3) (b) of the statutes, as created by 1995 Wisconsin Act
327
, is renumbered 121.905 (3) (b) 1. and amended to read:
AB400-ASA1,19,84 121.905 (3) (b) 1. Divide Except as provided under subd. 2., divide the result
5in par. (a) 1. by the sum of the average of the number of pupils in the 3 previous school
6years and the number of pupils who were school district residents and solely enrolled
7in a special education program provided by a county handicapped children's
8education board program in the previous school year.
AB400-ASA1, s. 39 9Section 39. 121.905 (3) (b) 2. of the statutes is created to read:
AB400-ASA1,19,1910 121.905 (3) (b) 2. For a school district created under s. 117.105, for the school
11year beginning with the effective date of the reorganization, divide the result in par.
12(a) 2. by the number of pupils who in the previous school year were enrolled in a
13school district from which territory was detached to create the new school district
14and who resided in the detached territory; for the school year beginning on the first
15July 1 following the effective date of the reorganization, divide the result in par. (a)
162. by the number of pupils in the previous school year; and for the school year
17beginning on the 2nd July 1 following the effective date of the reorganization, divide
18the result in par. (a) 2. by the average of the number of pupils in the 2 previous school
19years.
Loading...
Loading...