CHAPTER 120
SCHOOL DISTRICT GOVERNMENT
SUBCHAPTER I
COMMON AND UNION HIGH SCHOOL DISTRICTS
120.01 Number of school board members.
120.02 Method of changing number, apportionment or election of school board members.
120.05 School board officials.
120.06 Election of school board members.
120.08 School district meetings.
120.09 Consideration of special subject.
120.10 Powers of annual meeting.
120.11 School board meetings and reports.
120.115 Report on debt service.
120.12 School board duties.
120.125 Before- and after-school child care.
120.13 School board powers.
120.135 Capital improvement fund.
120.14 Audit of school district accounts.
120.15 School district president; duties.
120.16 School district treasurer; duties.
120.17 School district clerk; duties.
120.18 Annual school district report.
120.21 School board contracts for courses.
120.25 School board cooperation in acquiring school facilities.
SUBCHAPTER II
UNIFIED SCHOOL DISTRICTS
120.41 Composition of school board.
120.42 Election of school board members.
120.43 School board meetings.
120.44 School board powers and duties.
Ch. 120 Cross-reference
Cross-reference: See definitions in s.
115.001.
COMMON AND UNION HIGH SCHOOL DISTRICTS
120.001
120.001
Applicability. This subchapter applies to common and union high school districts.
120.01
120.01
Number of school board members. In common or union high school districts, school boards shall be composed of the following number of members:
120.01(1)
(1) A common school district operating elementary grades or a union high school district shall have 3 school board members, except that if such school district is coterminous with a town or has a population of 500 or more it may have 5 school board members.
120.01(2)
(2) A common school district operating elementary and high school grades may have 3, 5, 7 or 9 school board members.
120.01(3)
(3) A common or union high school district may have not exceeding 11 school board members if a plan of apportionment is established under
s. 120.02 (2).
120.02
120.02
Method of changing number, apportionment or election of school board members. 120.02(1)
(1)
Change in number of school board members. If, at least 30 days prior to the day of the annual school district meeting, in a common or union high school district, or at least 45 days prior to the day of the election of school board members in a unified school district, a petition conforming to the requirements of
s. 8.40 requesting a change in the number of school board members is filed with the school district clerk the clerk shall incorporate in the notice of the annual meeting or election a statement that at the meeting or election the question of changing the number of school board members to the number requested in the petition will be voted upon. The petition shall be signed by not less than 100 electors residing in the school district, except that in school districts which contain, in whole or in part, a city of the 2nd or 3rd class in which one or more electors of the school district reside, the petition shall be signed by not less than 500 electors residing in the school district. If, at the meeting or election of school board members, a resolution based on a petition requesting a change in the number of school board members is adopted by a majority vote, school board members shall be elected at the next school board election and thereafter in accordance with
sub. (3).
120.02(2)(a)(a) If, at least 30 days prior to the day of the annual meeting, in a common or union high school district, or at least 45 days prior to the day of the election of school board members in a unified school district, a petition conforming to the requirements of
s. 8.40 requesting the establishment of a plan of apportionment of school board members is filed with the school district clerk the clerk shall incorporate notice of receipt of such petition in the notice of the annual meeting or election. The petition shall specify the proposed plan of apportionment of school board members among the cities, towns and villages or parts thereof within the school district and set the total number of school board members at not more than 11. The petition shall be signed by not less than 100 electors residing in the school district, except that in school districts which contain, in whole or in part, a city of the 2nd or 3rd class in which one or more electors of the school district reside, the petition shall be signed by not less than 500 electors residing in the school district. If a majority vote of the annual meeting or election approves the plan set forth in the petition, the plan shall remain in operation until revised by the same procedure. School board members elected under this subsection shall be elected by a vote of the electors of the entire school district in accordance with the plan prepared under
sub. (3).
120.02(2)(b)
(b) An order of school district reorganization issued under
s. 117.08,
117.09 or
117.27 may contain such a plan of apportionment of school board members, and the determination of terms of school board members shall be as provided in
sub. (3).
120.02(3)(a)(a) If a common, unified or union high school district votes to increase the number of school board members, the school district clerk shall promulgate, before the next election of school board members, a plan providing:
120.02(3)(a)1.
1. The number of school board members to be elected each year, distributing the number as evenly as possible.
120.02(3)(a)2.
2. The total number of positions to be filled at the first election for 1, 2 or 3 years.
120.02(3)(a)3.
3. An allocation of the number of candidates to be elected to 1, 2 and 3 year terms at the first election, the 3-year terms to be filled by the appropriate number of candidates receiving the highest number of votes, the 2-year terms to be filled by the appropriate number of candidates receiving the next highest number of votes and the 1-year terms to be filled by the appropriate number of candidates receiving the next highest number of votes.
120.02(3)(b)
(b) In case of a tie vote in the election of school board members, the election shall be determined by lot and the loser by lot shall become next in order of election if additional positions on the school board are to be filled.
120.02(3)(c)
(c) The tenure of school board members whose terms have not expired shall not be affected.
120.02(3)(d)
(d) If a school board in its order changing a school district type under
s. 117.27 designates a school board of 5, 7 or 9 members, it shall prepare a plan for allocating terms in accordance with this subsection.
120.02(3)(e)
(e) Whenever a school district with more than 3 school board members votes to reduce the number of school board members, one less school board member shall be elected annually thereafter until the school board is reduced to the approved number of members, but not less than one member shall be elected each year.
120.02(4)
(4) Election to numbered seats. If, at least 30 days prior to the day of the annual meeting, in a common or union high school district, or at least 45 days prior to the day of the election of school board members in a unified school district, a petition conforming to the requirements of
s. 8.40 which sets forth a plan for the assignment of a number to each seat on the school board is filed with the school district clerk, the school district clerk shall incorporate notice of receipt of such petition in the notice of the annual meeting or election required under
s. 120.06 (8) (c). The petition shall be signed by not less than 100 electors residing in the school district, except that in school districts which contain, in whole or in part, a city of the 2nd or 3rd class in which one or more electors of the school district reside, the petition shall be signed by not less than 500 electors residing in the school district. If a majority vote of the annual meeting or election approves the plan set forth in the petition, the plan shall remain in operation until revised by the same procedure.
120.05
120.05
School board officials. 120.05(1)(a)(a) The members of a school board shall be the officers of a school district.
120.05(1)(b)
(b) In the case of a 3-member school board, the school district president, treasurer and clerk shall constitute the school board. At the first election of a 3-member school board, the clerk shall be elected for a one-year term, the treasurer for a 2-year term and the president for a 3-year term.
120.05(1)(c)
(c) In the case of a school board with more than 3 members, the school board shall annually elect a school district president, vice president, treasurer and clerk from among its members at a school board meeting held on or within 30 days after the 4th Monday in April.
120.05(1)(d)
(d) A school district officer shall be a resident of the school district in which the officer serves. A school district officer who represents an apportioned area pursuant to a plan adopted under
s. 120.02 (2) shall be a resident of the apportioned area for which he or she is elected or appointed at the time the officer takes the oath of office. If a school district officer who represents an apportioned area ceases to be a resident of that area after beginning his or her term but continues to be a resident of the school district, the officer may continue to serve for the balance of the term for which he or she was elected or appointed.
120.05(2)
(2) If the territory of a common school district and a union high school district is identical, the school board of the common school district shall constitute the school board of the union high school district.
120.05(3)
(3) If the school district president, vice president, treasurer or clerk of any school board is unable to discharge the duties of the office due to disability or absence, the school board may appoint a person to discharge the duties of such person until the disability or absence no longer exists. In the case of a 3-member school board the appointee shall be an elector of the school district. In the case of a larger school board the appointee for the president shall be the vice president and the appointee for the other officers shall be another school board member. The school board shall determine the compensation of such appointees. A person acting as school district clerk or school district treasurer shall have the powers of a deputy and shall take and file an official bond covering the person's acts unless the bond of such officer includes a bond for the officer's deputy. This subsection does not apply to vacancies caused by absence from the school district for a period exceeding 60 days covered by
s. 17.03 (4).
120.05 History
History: 1975 c. 138 s.
13;
1975 c. 199; Stats. 1975 s. 120.05;
1979 c. 173;
1985 a. 218,
304.
120.05 Annotation
The offices of president of a common school district board and chairperson of a town board within the district and the offices of school board member and town clerk are probably compatible.
74 Atty. Gen. 50.
120.06
120.06
Election of school board members. In a common or union high school district:
120.06(1)
(1) The school board shall be elected at the spring election.
120.06(2)(a)(a) Except as provided under
par. (b), school board members shall be electors of the school district and shall be elected at large by a plurality vote of the electors of the school district.
120.06(2)(b)
(b) School board members elected to a school board in an election under
s. 117.22 (2) (bm) shall reside in the territory of the school district created by the reorganization.
120.06(3)
(3) The regular terms of school board members shall be 3 years, except as otherwise provided under
s. 17.26.
120.06(4)
(4) School board members elected for regular or unexpired terms shall take office, provided they have taken and filed the official oath, on the 4th Monday in April.
120.06(6)(a)(a) In a school district which does not contain territory lying within a 2nd class city, the school board may, or in a common or union high school district the school board or annual meeting may, by resolution adopted not later than the last Tuesday in November preceding an election for members of the school board, require that nomination papers be filed by all candidates seeking election to the school board. If the school board or annual meeting has previously required the filing of nomination papers in such a school district, the body imposing the requirement may, by similar resolution adopted not later than the last Tuesday in November preceding an election for members of the school board, rescind the requirement.
120.06(6)(b)1.1. No later than the 4th Tuesday in November prior to the spring election, the school district clerk shall publish a type A notice of the school district election under
s. 10.01 (2) (a).
120.06(6)(b)2.
2. Except as authorized in this paragraph, no later than 5 p.m. on the first Tuesday in January prior to the spring election, or on the next day if Tuesday is a holiday, any qualified elector of the school district may file a sworn declaration of candidacy with the school district clerk in the form provided in
s. 8.21 at the place specified in the notice. If the school district contains territory lying within a 2nd class city, or if the school board or annual meeting requires nomination papers under
par. (a), any qualified elector of the school district who desires to be a candidate shall in addition file nomination papers in the form prescribed under
s. 8.10 (2) and
(3) with the school district clerk at the place specified in the notice.