SB291: Bill Text

SB291,9,3 (b) A referendum shall be held under par. (c) on any reorganization ordered by the school boards of all of the affected school districts under sub. (2) if any of the following occurs:

SB291,9,11 1. At the time of adopting the resolution under sub. (2), the school board of any affected school district directs the holding of a referendum under this subdivision. A school board may direct the holding of a referendum under this subdivision if 7% or more of the enrollment of the school district resides in the territory proposed to be detached from that school district by the reorganization or the assessed value of the territory of that school district that is proposed to be detached from the school district by the reorganization, divided by the assessment ratio of the taxation district, is 7% or more of the equalized valuation of the school district.

SB291,9,17 2. Before the 2nd Tuesday of September following the adoption of the resolutions under sub. (2), a petition conforming to the requirements of s. 8.40 requesting a referendum, signed by at least 10% of the electors who reside in any affected school district, is filed with the clerk of the school district that has the highest equalized valuation of the affected school districts. The validity of the petition shall be governed by the rules promulgated under s. 8.40 (3).

SB291,9,24 (c) If a referendum is required under par. (a) or (b), the school district clerk of the school board adopting the resolution or the school district clerk receiving the petition shall immediately notify the school boards of each of the other affected school districts, the secretary of the board and the clerk of each city, village or town, any part of which is contained within an affected school district. The referendum shall be held in the affected school districts as provided in s. 117.20. Votes shall be counted separately for each affected school district.

SB291,10,8 (4) Referendum results. If a majority of the votes cast in each affected school district is in favor of the creation of the proposed school district, at the time of canvassing the returns the school boards of the affected school districts shall make and file an order of school district reorganization under s. 117.17 (2). The reorganization shall take effect on the following July 1 unless, within 30 days after canvassing the returns, the school board of each affected school district adopts and files a resolution, as provided in s. 117.17 (2), stating that the reorganization shall take effect on the 2nd July 1 following the order of reorganization.

SB291,10,21 (5) Information. Before the July 15 following the filing of a petition under sub. (1) (a) or the adoption of a resolution by the school board of each affected school district under sub. (1) (b), the department shall provide the information described in pars. (a) to (g) to the person who filed the petition under sub. (1) (a), if applicable, and to each affected school board, based on the most recent available information that will provide consistent information to the affected school boards and the public, as determined by the department. If a referendum is required under sub. (3), the department shall provide updated information to the person who filed the petition under sub. (1) (a), if applicable, and to each affected school board not later than October 15 of that year. Each affected school board shall provide information requested by the department to assist the department in complying with this subsection. The department shall provide the following information under this subsection:

SB291,10,24 (a) Grade structure. The grade level structure of each affected school district, as described in s. 115.01 (2), including which grades are included in the school district's elementary grades, middle schools, junior high schools and high schools.

SB291,11,3 (b) Enrollment. 1. The enrollment of each affected school district, the enrollment of each affected school district in each of the preceding 5 years and the projected enrollment of each affected school district in each of the succeeding 5 years.

SB291,11,9 2. The enrollment of each affected school district attributable to pupils residing in territory of the school district that is proposed to be included in the school district created by the reorganization, the enrollment of each affected school district attributable to that territory in each of the preceding 5 years, and the projected enrollment of each affected school district attributable to that territory in each of the succeeding 5 years.

SB291,11,13 3. Separate totals shall be given for the information described in subds. 1. and 2. for each grade, for all of the elementary grades, for all of the middle school grades, for all of the junior high school grades, for all of the high school grades and for all grades.

SB291,11,18 (c) Schools. The name, location, number of classrooms, grades taught, enrollment by grade, number of teachers by grade and area of certification and number of administrators for each school in each affected school district and whether that school is located in the territory proposed to be included in the school district created by the reorganization.

SB291,11,20 (d) Valuation. 1. The equalized valuation and equalized valuation per member of each affected school district.

SB291,11,24 2. For each affected school district, the assessed value of the property of the school district that is proposed to be included in the school district to be created by the reorganization, divided by the assessment ratio of the appropriate taxation district.

SB291,12,4 3. For each affected school district, the amount determined under subd. 2. for that school district divided by the school district's membership residing on the property of the school district that is proposed to be included in the school district to be created by the reorganization.

SB291,12,7 4. The assessed value of the property of the school district proposed to be created by the reorganization, divided by the assessment ratio of the appropriate taxation district.

SB291,12,10 5. The amount determined under subd. 4. divided by the estimated membership of the school district that is proposed to be included in the school district to be created by the reorganization residing on that property.

SB291,12,14 (e) Operating costs and debt. 1. For each affected school district, the net and gross costs of the general fund and debt service fund, as defined in s. 121.004 (3), (4) and (6), including the net cost of the debt service fund, as described in s. 121.07 (6) (a).

SB291,12,19 2. The total outstanding debt of each affected school district; the type of debt outstanding, such as whether the debt is in the form of bonds, trust fund loans under s. 24.61 or promissory notes to private lenders; a description of any capital projects funded by the debt; the amount and type of the debt attributable to each such project; and the annualized debt service attributable to each such project.

SB291,12,23 (f) Shared costs; state and federal aid; tax levy. For each affected school district, the school district's shared cost, state aid under ss. 121.08, 121.10 and 121.105 and total state aid; the school district's federal aid; the school district's property tax levy rate and total property tax levy; and the school district's revenue from other sources.

SB291,13,2 (g) Recent construction and referenda. 1. A description, including location and costs, of any school district building constructed during the preceding 5 years in any affected school district and whether the building is located in territory proposed to be included in the school district created by the reorganization.

SB291,13,4 2. A description, including location and costs, of any planned school district building construction.

SB291,13,7 3. The date, amount and purpose of any proposal to issue a bond or promissory note for which a referendum was held during the preceding 5 years under s. 67.05 (6a) or 67.12 (12) if the issuance was not approved by the voters at the referendum.

SB291,13,20 (6) Board order. If an order of reorganization is issued under sub. (2) or (4), the board shall review any apportionment of assets and liabilities proposed by the person filing the petition under sub. (1) (a) or by the school board of any affected school district and shall issue an order apportioning the assets and liabilities according to the criteria under s. 66.03 (2c) (a) 1. The order shall be filed and distributed as provided under s. 117.17 (2). The school boards of the affected school districts may establish an alternative method to govern the assignment of assets and liabilities as provided in s. 66.03 (2c) (b), except that the resulting apportionment of assets and liabilities is subject to approval by the board and, if approved by the board, shall be incorporated into an order by the board under this subsection. If the board does not approve the apportionment of assets and liabilities resulting from the alternative method, it shall proceed to issue an order apportioning the assets and liabilities.

SB291, s. 13 Section 13. 117.14 (1) (intro.) of the statutes is amended to read:

SB291,14,2 117.14 (1) (intro.) Any person aggrieved by the denial of a consolidation under s. 117.08 (2) or 117.09 (2), the granting of a detachment and attachment of territory under s. 117.11 (3), the denial of the creation of a school district under s. 117.105 (2) or any order of the board or an appeal panel under this chapter may, within 30 days after copies of the order are filed with the secretary of the board under s. 117.17 (2), appeal the order to a circuit court as follows:

SB291, s. 14 Section 14. 117.14 (1) (b) of the statutes is amended to read:

SB291,14,9 117.14 (1) (b) If the order is issued under ss. 117.11 117.105 to 117.132, the appeal shall be filed with the circuit court of any county in which any of the territory proposed to be detached from one school district and attached to, or included in, another school district is located or with the circuit court of any county in which any territory of the school district to which the territory is proposed to be attached, or the school district that is proposed to be created, is located.

SB291, s. 15 Section 15. 117.17 (1) (a) of the statutes is amended to read:

SB291,14,24 117.17 (1) (a) Every order of school district reorganization under s. 117.08 or, 117.09 or 117.105 that creates a new school district shall state the school districts which are dissolved or from which territory is detached to create the new school district, name the new school district, state the type of school district and the grades to be taught by the new school district pursuant to s. 115.01 (2), (3) and (5), designate the number of school board members under s. 120.01 or 120.41, designate the terms of initial members of the school board under s. 120.02 (3) (a), designate the method of election of school board members under s. 120.06 or 120.42, direct the election of school board members under s. 120.06 or 120.42, insofar as applicable, designate the date of the first election of school board members, as provided under s. 117.22 (2) (b), and fix the time and place for the first annual meeting of the new school district, if one is to be held. The secretary of the board shall give notice of the first annual meeting, if one is to be held, under s. 120.08 (1) (c), and shall designate a person to act as temporary chairperson of the annual meeting until a chairperson is elected.

SB291, s. 16 Section 16. 117.17 (1) (bm) of the statutes is created to read:

SB291,15,4 117.17 (1) (bm) Every order of school district reorganization under s. 117.105 shall describe the territory of the school districts from which territory is detached to create the new school district, state the school district created by the order and describe the territory of the school district created by the order.

SB291, s. 17 Section 17. 117.20 (1) of the statutes is amended to read:

SB291,15,9 117.20 (1) If a referendum is required under ss. 117.08 to 117.11, it shall be held on the Tuesday after the first Monday in November following receipt of the petition or adoption of the resolution under s. 117.08 (3) (a), 117.09 (3) (a), 117.10 (3) (a), 117.105 (1) or (3) (b) or 117.11 (4) (a).

SB291, s. 18 Section 18. 117.22 (1) (a) of the statutes is renumbered 117.22 (1) (a) 1.

SB291, s. 19 Section 19. 117.22 (1) (a) 2. of the statutes is created to read:

SB291,15,14 117.22 (1) (a) 2. If a school district is created under s. 117.105, the school boards of the school districts from which territory is detached to create the school district shall constitute the joint interim school board of the new school district.

SB291, s. 20 Section 20. 117.22 (1) (b) 1. and 2m. of the statutes are amended to read:

SB291,15,18 117.22 (1) (b) 1. If no referendum is required, on the 2nd Tuesday of September following the adoption of the resolution under s. 117.08 (2) or, 117.09 (2) or 117.105 (2).

SB291,15,21 2m. If a referendum is required under s. 117.08 (3) or , 117.09 (3) or 117.105 (3), on the 31st day following the date the order of reorganization is filed under s. 117.08 (4) or, 117.09 (4) or 117.105 (4).

SB291, s. 21 Section 21. 117.22 (2) (a) 1. of the statutes is amended to read:

SB291,15,24 117.22 (2) (a) 1. The clerk of the affected school district that has the highest equalized valuation, if an order of reorganization is issued under s. 117.08 or 117.105.

SB291, s. 22 Section 22. 117.22 (2) (b) of the statutes is amended to read:

SB291,16,4 117.22 (2) (b) An order of school district reorganization issued under s. 117.08 or, 117.09 or 117.105 shall designate the date of the first election of school board members, which shall be not later than 4 months after the effective date of the order, except as provided under par. (cm).

SB291, s. 23 Section 23. 117.25 (4) of the statutes is created to read:

SB291,16,7 117.25 (4) Creations. When a school district is created under s. 117.105, all of the following apply:

SB291,16,12 (a) Any employe of a school district from which territory is detached by the reorganization 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 he or she is qualified in the school district that is created by the reorganization.

SB291,16,17 (b) Any person who wishes to exercise his or her priority under par. (a) shall notify the school district that is created by the reorganization, in writing, that he or she wishes to be considered for any new position or vacant position and shall include in the notice the address to be used by the school district to notify the person of such positions.

SB291,16,18 (End)