LRB-2991/1
PG:jrd:aj
1995 - 1996 LEGISLATURE
May 24, 1995 - Introduced by Representatives Schneiders, Duff, Goetsch, Hahn
and Skindrud, cosponsored by Senator Darling. Referred to Committee on
Education.
AB400,1,9
1An Act to renumber 117.22 (1) (a);
to amend 117.05 (1m), 117.05 (2) (a), 117.05
2(4) (a) (intro.), 117.05 (5) (a), 117.05 (8), 117.05 (9) (a) (intro.), 117.05 (9) (b),
3117.05 (10), 117.14 (1) (intro.), 117.14 (1) (b), 117.17 (1) (a), 117.20 (1), 117.22
4(1) (b) 1. and 2m., 117.22 (2) (a) 1. and 117.22 (2) (b); and
to create 117.03 (4m),
5117.05 (4) (d), 117.05 (9) (a) 2., 117.105, 117.17 (1) (bm), 117.22 (1) (a) 2. and
6117.25 (4) of the statutes;
relating to: procedures to create a school district out
7of the territory of one or more existing school districts and information provided
8to persons filing a petition for a referendum on the detachment of large territory
9from one school district and its attachment to another school district.
Analysis by the Legislative Reference Bureau
This bill creates procedures under which a new school district may be created
out of a portion or portions of the territory of one or more existing school districts.
The procedures created by the bill are as follows:
1. Initiation of reorganization
The reorganization may be initiated by either of the following:
a. The filing of a petition to create the new school district by owners of more
than 25% of the territory proposed to be included in the new school district, as
measured by its assessed valuation divided by the assessment ratio of the taxation
district, or more than 25% of the electors residing in that territory; or
b. The adoption of resolutions to create the new school district by the school
boards of all of the school districts containing territory within the proposed district.
2. Information
Following the filing of the petition or the adoption of the resolutions to initiate
the reorganization process, the department of public instruction (DPI) must provide
the person petitioning for the reorganization, if applicable, and each affected school
board, with information relating to each affected school district's enrollment, school
locations, valuation, operating costs, debt, shared costs, state aid, federal aid, tax
levy, recent construction and recent referenda on the issuance of bonds or promissory
notes that failed to win approval. Some of this information must be provided
separately for the territory from each affected school district that is proposed to be
transferred to the school district created by the reorganization. The department
must update this information prior to the referendum on the reorganization if a
referendum is required.
3. Opportunity for referendum if reorganization initiated by school boards
If the reorganization is initiated by the adoption of resolutions by the affected
school boards, owners of more than 10% of the territory proposed to be included in
the new school district, as measured by its assessed valuation divided by the
assessment ratio of the taxation district, or more than 10% of the electors residing
in that territory, may petition for a referendum on the creation of the proposed new
school district. Alternatively, the school board of any school district that will lose 7%
or more of its equalized valuation or enrollment may direct that a referendum be
held. If no petition for a referendum is filed and no school board directs that a
referendum be held, the new school district is created as proposed by the school
boards.
4. Referendum if reorganization is initiated by petition
If the reorganization is initiated by the filing of a petition by property owners
or electors, a referendum must be held on the creation of the proposed new school
district.
5. Referendum vote counting
If a referendum is held, the new school district must be approved by a majority
of the persons voting who reside in each affected school district.
6. Allocation of assets and liabilities
If the reorganization is approved, the school district boundary appeal board
must issue an order assigning the existing school districts' assets and liabilities
among the existing school districts and the school district created by the
reorganization. The affected school boards may establish an alternative method to
govern the apportionment of assets and liabilities, but the resulting apportionment
is subject to approval by the school district boundary appeal board.
7. Treatment of employes
Any employe of a school district from which territory is detached to create the
new school district who is laid off as a result of the reorganization has priority over
other persons, for 3 years after the effective date of the reorganization, for new
positions and vacant positions for which the employe is qualified in the new school
district. Any employe who wishes to exercise this priority must notify the new school
district in writing.
8. Timetable
The following timetable applies to these reorganizations:
a. Before June 1: A petition to initiate the process must be filed or the school
boards must vote to initiate the process.
b. Before July 15: DPI must provide information.
c. Before August 1: School boards must act if they initiated the process.
d. Before the 2nd Tuesday in September: If the school boards initiated the
process, an elector petition for a referendum may be filed.
e. Before October 15: DPI must update the previously provided information.
f. Tuesday following first Monday in November: A referendum must be held,
if required.
g. Generally, before or at the spring election: The election for school board
members for the new school district must be held (assuming there is no court appeal).
h. July 1 or the following July 1: Effective date of reorganization.
No specific date is established for the order of the school district boundary
appeal board apportioning assets and liabilities.
9. Other
The bill provides that a person filing a petition for a referendum on the transfer
of large territory must be given a written description of reorganization procedures
prepared by DPI. Currently, this information must be given to a person filing a
petition to initiate a reorganization procedure that may be initiated by petition (i.e.,
transfers of large or small territory) or a person filing a petition for a referendum on
any other reorganization that may be decided by referendum (i.e., consolidations).
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB400, s. 1
1Section
1. 117.03 (4m) of the statutes is created to read:
AB400,3,22
117.03
(4m) "Membership" has the meaning given in s. 121.004 (5).
AB400, s. 2
3Section
2. 117.05 (1m) of the statutes is amended to read:
AB400,3,64
117.05
(1m) Board and appeal panel meetings. The state superintendent shall
5set the time and place for meetings of the board under ss. 117.10,
117.105 (6), 17.12
6(5) and 117.132 and for meetings of appeal panels under ss. 117.12 (4) and 117.13.
AB400, s. 3
7Section
3. 117.05 (2) (a) of the statutes is amended to read:
AB400,4,8
1117.05
(2) (a)
Board. The state superintendent shall appoint 7 members of the
2board to perform any review under ss. 117.10,
117.105 (6), 117.12 (5) and 117.132.
3The 7 members shall include the state superintendent or his or her designee on the
4board, 2 board members from school districts with small enrollments, 2 board
5members from school districts with medium enrollments and 2 board members from
6school districts with large enrollments. Any action of the board under this chapter
7requires the affirmative vote of at least 4 of the 7 members appointed under this
8paragraph.
AB400, s. 4
9Section
4. 117.05 (4) (a) (intro.) of the statutes is amended to read:
AB400,4,1410
117.05
(4) (a)
Pending proceedings. (intro.) A reorganization proceeding is
11pending from the date that a petition is filed under s.
117.105 (1) (a), 117.11 (2) or
12117.12 (2) or a resolution is adopted under s. 117.08 (1), 117.09 (1), 117.10 (1),
117.105
13(1) (b), 117.13 (2) or 117.132 (2) until the date on which the latest of any of the
14following occurs:
AB400, s. 5
15Section
5. 117.05 (4) (d) of the statutes is created to read:
AB400,4,2116
117.05
(4) (d)
One-year limitation on consideration of creation of a school
17district. 1. Except as provided in subd. 2., no petition for the detachment of territory
18from one school district and its inclusion in a school district proposed to be created
19under s. 117.105 (1) (a) may be filed under s. 117.105 (1) (a) before the 2nd June 1
20following the filing of a petition under s. 117.105 (1) (a) for any reorganization that
21includes any of the same territory.
AB400,4,2522
2. The limitation under subd. 1. does not apply if the school board of each
23affected school district adopts a resolution waiving the limitation. If a school board
24denies a request for a waiver under this subdivision, the denial may not be appealed
25under this chapter.
AB400, s. 6
1Section
6. 117.05 (5) (a) of the statutes is amended to read:
AB400,5,92
117.05
(5) (a)
Territory in district. All territory within this state shall be
3included in a school district operating elementary school grades and a school district
4operating high school grades or in a school district operating both elementary and
5high school grades. No territory may be detached from a school district unless by the
6same order it is attached to another school district
or included in a new school district
7created by the order. No territory may be detached from a school district that
8operates high school grades unless by the same order it is attached to
or included in 9another school district that operates high school grades.
AB400, s. 7
10Section
7. 117.05 (8) of the statutes is amended to read:
AB400,5,1711
117.05
(8) Information on reorganization procedures. The department shall
12prepare a written description of the procedures for school district reorganizations
13under ss. 117.08 to 117.132 and distribute copies to school district clerks. A school
14district clerk shall give a copy of the description to any person, upon request, and to
15any person filing a petition with the clerk under s. 117.08 (3) (a) 2., 117.09 (3) (a) 2.,
16117.105 (1) (a) or (3) (b) 2., 117.11 (2)
or (4) (a) 2. or 117.12 (2), at the time the petition
17is filed.
AB400, s. 8
18Section
8. 117.05 (9) (a) (intro.) of the statutes is amended to read:
AB400,5,2119
117.05
(9) (a) (intro.) The state superintendent may charge the following
20persons a fee sufficient to reimburse the department for the costs of the board under
21ss. 117.10
, 117.105 and 117.132:
AB400, s. 9
22Section
9. 117.05 (9) (a) 2. of the statutes is created to read:
AB400,5,2423
117.05
(9) (a) 2. Each school board that issues an order to create a school district
24under s. 117.105 (2) or (4).
AB400, s. 10
25Section
10. 117.05 (9) (b) of the statutes is amended to read:
AB400,6,8
1117.05
(9) (b) The clerk of the school district ordering the dissolution or
2requesting review shall pay the fee under par. (a) 3. or 4. to the state superintendent.
3The clerk of each school district issuing an order to create a school district shall pay
4the fee under par. (a) 2. to the state superintendent. The state superintendent shall
5allocate the fee under par. (a) 2. among the school districts from which territory is
6being detached to create a new school district if there is more than one such school
7district. The secretary of the board shall forward the fee collected under par. (a) 5.
8to the state superintendent.
AB400, s. 11
9Section
11. 117.05 (10) of the statutes is amended to read:
AB400,6,1410
117.05
(10) State superintendent to advise. The state superintendent shall
11advise and consult with school boards regarding school district organization and
12reorganization. If, in the state superintendent's opinion, one or more school districts
13should be
created, altered, consolidated or dissolved, he or she may make
14recommendations to the school boards
of the affected school districts.
AB400, s. 12
15Section
12. 117.105 of the statutes is created to read:
AB400,6,18
16117.105 Creation of a school district.
(1) Initiation of procedures. 17Procedures to create a school district from the territory of one or more existing school
18districts may be initiated by any of the following methods:
AB400,7,219
(a) Before June 1 of any year, 25% or more of the electors residing in the
20territory of the proposed school district, or owners of 25% or more of that territory,
21as measured by its assessed valuation divided by the assessment ratio of the taxation
22district, may file a written petition requesting the creation of a school district with
23the clerk of the school district that has the highest equalized valuation of the affected
24school districts. The school district clerk with whom the petition is filed shall
25immediately send a certified notice of the petition to the school board of each affected
1school district and to the secretary of the board. The petition shall include all of the
2following:
AB400,7,63
1. A description of the territory of the proposed school district that is
4sufficiently accurate to determine its location in the school districts from which it is
5proposed to be detached, as certified by the clerk of each city, town or village within
6which all or part of the territory is located.
AB400,7,107
2. The number of pupils residing in the territory of the proposed school district
8who, on the most recent of the preceding 3rd Friday of September or 2nd Friday of
9January, were enrolled in the school districts from which the territory is proposed to
10be detached, as certified by the clerks of those school districts.
AB400,7,1111
3. The name of the school district proposed to be created by the reorganization.
AB400,7,1312
4. The type of school district to be created and the grades to be taught by the
13proposed school district pursuant to s. 115.01 (2), (3) and (5).
AB400,7,1614
5. The number of school board members for the proposed school district under
15s. 120.01 or 120.41, the terms of initial members of the school board under s. 120.02
16(3) (a), and the method of election of school board members under s. 120.06 or 120.42.
AB400,7,1817
6. The date of the first election of school board members of the proposed school
18district, as provided under s. 117.22 (2) (b).