AB304, s. 8 19Section 8. 117.05 (4) (a) (intro.) of the statutes is amended to read:
AB304,11,2420 117.05 (4) (a) Pending proceedings. (intro.) A reorganization proceeding is
21pending from the date that a petition is filed under s. 117.105 (1) (a), 117.11 (2) or
22117.12 (2) or a resolution is adopted under s. 117.08 (1), 117.09 (1), 117.10 (1), 117.105
23(1) (b),
117.13 (2) or 117.132 (2) until the date on which the latest of any of the
24following occurs:
AB304, s. 9 25Section 9. 117.05 (4) (d) of the statutes is created to read:
AB304,12,6
1117.05 (4) (d) Four-year limitation on consideration of creation of a school
2district.
1. Except as provided in subd. 2., no petition may be filed or resolution
3adopted for the creation of a new school district under s. 117.105 (1) (a) or (b) before
4the 5th July 1 following the filing of a petition under s. 117.105 (1) (a) or the adoption
5of a resolution under s. 117.105 (1) (b) for any reorganization that includes any of the
6same territory.
AB304,12,107 2. The limitation under subd. 1. does not apply if the school board of each
8affected school district adopts a resolution waiving the limitation. If a school board
9denies a request for a waiver under this subdivision, the denial may not be appealed
10under this chapter.
AB304, s. 10 11Section 10. 117.05 (5) (a) of the statutes is amended to read:
AB304,12,1912 117.05 (5) (a) Territory in district. All territory within this state shall be
13included in a school district operating elementary school grades and a school district
14operating high school grades or in a school district operating both elementary and
15high school grades. No territory may be detached from a school district unless by the
16same order it is attached to another school district or included in a new school district
17created by the order
. No territory may be detached from a school district that
18operates high school grades unless by the same order it is attached to or included in
19another school district that operates high school grades.
AB304, s. 11 20Section 11. 117.05 (8) of the statutes is amended to read:
AB304,13,221 117.05 (8) Information on reorganization procedures. The department shall
22prepare a written description of the procedures for school district reorganizations
23under ss. 117.08 to 117.132 and distribute copies to school district clerks. A school
24district clerk shall give a copy of the description to any person, upon request, and to

1any person filing a petition with the clerk under s. 117.08 (3) (a) 2., 117.09 (3) (a) 2.,
2117.105 (1) (a), 117.11 (2) or (4) (a) 2. or 117.12 (2), at the time the petition is filed.
AB304, s. 12 3Section 12. 117.05 (9) (title) of the statutes is amended to read:
AB304,13,44 117.05 (9) (title) Appeal Board and appeal panel fees.
AB304, s. 13 5Section 13. 117.05 (9) (a) (intro.) of the statutes is amended to read:
AB304,13,86 117.05 (9) (a) (intro.) The department may charge the following persons a fee
7sufficient to reimburse the department for the costs of the board under ss. 117.10,
8117.105
and 117.132:
AB304, s. 14 9Section 14. 117.05 (9) (a) 1. and 2. of the statutes are created to read:
AB304,13,1110 117.105 (9) (a) 1. The school boards of the affected school districts under s.
11117.105 if they fail to reach agreement under s. 117.105 (1m) (b).
AB304,13,1312 2. A person who files a petition requesting review by the board under s. 117.105
13(2m).
AB304, s. 15 14Section 15. 117.05 (9) (b) of the statutes is amended to read:
AB304,13,2115 117.05 (9) (b) The clerk of the school district ordering the dissolution or
16requesting review shall pay the fee under par. (a) 3. or 4. to the department. The clerk
17of each affected school district shall pay the fee under par. (a) 1. to the department.
18The department shall allocate the fee under par. (a) 1. among the school districts
19from which territory is being detached to create a new school district if there is more
20than one such school district.
The secretary of the board shall forward the fee fees
21collected under par. (a) 1. and 5. to the department.
AB304, s. 16 22Section 16. 117.05 (10) of the statutes is amended to read:
AB304,14,323 117.05 (10) (title) Secretary State superintendent to advise. The secretary
24state superintendent shall advise and consult with school boards regarding school
25district organization and reorganization. If, in the secretary's state superintendent's

1opinion, one or more school districts should be created, altered, consolidated or
2dissolved, he or she may make recommendations to the school boards of the affected
3school districts
.
AB304, s. 17 4Section 17. 117.105 of the statutes is created to read:
AB304,14,7 5117.105 Creation of a school district. (1) Initiation of procedures.
6Procedures to create a school district from the territory of one or more existing school
7districts may be initiated by any of the following methods:
AB304,14,168 (a) Before July 1 of any year, a written petition requesting the creation of a
9school district may be filed with the clerk of the school district that has the highest
10equalized valuation of the affected school districts. The petition shall be signed by
11at least 20% of the total number of electors residing in the affected school districts
12and by at least 5% of the number of electors residing in each affected school district.
13The school district clerk with whom the petition is filed shall immediately send a
14certified notice of the petition to the school board of each affected school district and
15to the secretary of the board. The petition shall include the approximate boundaries
16of the proposed school district.
AB304,14,2317 (b) Before July 1 of any year, the school board of each school district from which
18territory will be detached to create the proposed school district may adopt a
19resolution stating that the school board will consider the creation of the school
20district. The resolution shall include the approximate boundaries of the proposed
21school district. The school district clerk of each school board adopting a resolution
22under this paragraph shall send a certified copy of the resolution to the school boards
23of each of the other affected school districts and to the secretary of the board.
AB304,15,3 24(1m) Hearing; boundaries; assets and liabilities. (a) Upon receipt of a petition
25or notice under sub. (1) (a), or upon the adoption of a resolution and the receipt of

1copies of resolutions adopted by the school board of each of the other affected school
2districts under sub. (1) (b), the school board shall hold a public hearing on the
3proposed reorganization.
AB304,15,154 (b) Before the November 1 following the receipt of a petition or notice under sub.
5(1) (a) or the adoption of resolutions under sub. (1) (b), the school boards of the
6affected school districts may, by the adoption of resolutions by the school boards of
7a majority of the affected school districts, agree on the precise boundaries of the
8proposed school district and the apportionment of the assets and liabilities between
9the affected school districts and the proposed school district according to the criteria
10under s. 66.03 (2c). The school boards may establish an alternative method to govern
11the assignment of assets and liabilities as provided in s. 66.03 (2c) (b). In
12determining the precise boundaries, the school boards may not detach territory from
13any additional school districts. The clerk of the school district that has the highest
14equalized valuation of the affected school districts shall notify the board of their
15agreement or their failure to reach agreement.
AB304,15,2016 (c) If the school boards of a majority of the affected school districts fail to agree
17on the precise boundaries or on the apportionment of assets and liabilities by
18November 1 under par. (b), the board shall issue an order doing so by the following
19March 1. In determining the precise boundaries of the proposed school district, the
20board may not detach territory from any additional school districts.
AB304,16,10 21(2) School board action. Before the February 1 following the determination
22of the precise boundaries of the proposed school district and the apportionment of
23assets and liabilities under sub. (1m) (b), or before the May 1 following an order
24issued by the board under sub. (1m) (c), the school board of each affected school
25district shall adopt a resolution ordering or denying the creation of the school district.

1The resolution shall state the school board's rationale for ordering or denying the
2reorganization and include an evaluation of each of the factors specified in s. 117.15.
3Failure of a school board to adopt a resolution either ordering or denying the creation
4of the school district before the applicable date required under this subsection
5constitutes a denial of the creation of the school district by that school board. The
6school district clerk of each school board adopting a resolution under this subsection,
7either ordering or denying the reorganization, shall, within 5 days after the adoption
8of the resolution, send a certified copy of the resolution to the school boards of each
9of the other affected school districts and file a certified copy of the resolution as
10provided in s. 117.17 (2).
AB304,16,12 11(2m) Board review. (a) The board shall review a proposed reorganization
12under this section if any of the following occurs:
AB304,16,1913 1. The school board of each affected school district issues an order under sub.
14(2) granting 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 the territory of the affected school districts that is not within the proposed school
17district, is filed with the secretary of the board. The petition shall be filed by March
181 following the school board action under sub. (2), or by June 1 following the school
19board action under sub. (2) if the board issued an order under sub. (1m) (c).
AB304,17,220 2. The school board of any of the affected school districts issues an order under
21sub. (2) denying the proposed reorganization, and a petition for board review of the
22proposed reorganization, signed by at least 10% of the number of electors residing
23in each affected school district, is filed with the secretary of the board. The petition
24shall be filed by March 1 following the school board action under sub. (2), or by June

11 following the school board action under sub. (2) if the board issued an order under
2sub. (1m) (c).
AB304,17,113 (b) Upon receipt of a petition for review under par. (a), the secretary of the board
4shall immediately notify the school board of each affected school district and the
5board shall hold a public hearing on the proposed reorganization. After the hearing
6and after consulting with the school boards of the affected school districts, but before
7July 1, the board may modify the boundaries of the proposed school district and the
8apportionment of assets and liabilities between the affected school districts and the
9proposed school district unless the board determined the boundaries and
10apportionment under sub. (1m) (c). The board may not modify the boundaries by
11detaching territory from any additional school districts.
AB304,17,1812 (bm) If the board modifies the boundaries or the apportionment of assets and
13liabilities under par. (b), it shall immediately notify the school board of each affected
14school district, and before August 15, the school board of each affected school district
15may proceed under sub. (2) to issue an order either granting or denying the proposed
16reorganization, as modified by the board. The board shall then proceed under par.
17(c) without the filing of a new petition under par. (a) but may not issue an order under
18par. (c) before August 21.
AB304,17,2519 (c) By October 1 following receipt of a petition for review under par. (a), the
20board shall issue an order either granting or denying the proposed reorganization.
21The order shall state the board's rationale and include an evaluation of each of the
22factors specified in s. 117.15. The board may overturn the decision of the school
23boards only if it finds that the school boards' conclusions regarding the factors
24specified in s. 117.15 are not supported by the facts or that the school boards did not
25properly apply these factors.
AB304,18,2
1(3) Referendum. (a) A referendum shall be held under par. (b) if any of the
2following occurs:
AB304,18,43 1. The school boards of all of the affected school districts grant the proposed
4reorganization and there is no petition filed for board review.
AB304,18,75 2. The school boards of all of the affected school districts grant the proposed
6reorganization, a petition for board review is filed and the board grants the proposed
7reorganization.
AB304,18,108 3. The school board of one or more of the affected school districts denies the
9proposed reorganization, a petition for board review is filed and the board grants the
10proposed reorganization.
AB304,18,1511 (b) If a referendum is required under par. (a), the board shall immediately
12notify the school boards of each of the affected school districts and the clerk of each
13city, village or town, any part of which is contained within an affected school district.
14The referendum shall be held in the territory of the school district proposed to be
15created by the reorganization.
AB304,18,24 16(4) Order of reorganization if approved at referendum. If a majority of the
17votes cast in the territory of the school district proposed to be created by the
18reorganization is in favor of the creation of the proposed school district, at the time
19of canvassing the returns the school boards of the affected school districts shall make
20and file an order of school district reorganization under s. 117.17 (2). The
21reorganization shall take effect on the following July 1 unless the school board of the
22newly created school district adopts and files a resolution, as provided in s. 117.17
23(2), stating that the reorganization shall take effect on the 2nd July 1 following the
24order of reorganization.
AB304,19,5
1(5) Applicability. This section does not apply to a reorganization that would
2result in the creation of a school district that has the same boundaries that an
3existing school district would have if territory were detached from one or more other
4school districts and attached to the existing school district under s. 117.12, 117.13 or
5117.132 unless the existing school district operates only elementary grades.
AB304,19,15 6(6) Limitation on further reorganization. No school district created by a
7reorganization under this section may consolidate with another school district under
8s. 117.08 or 117.09, or have all of its territory attached to another school district
9under s. 117.10, 117.11 or 117.132, within 10 years after the effective date of the
10reorganization under this section. This subsection does not apply if the school
11district was created by detaching territory from a single school district, and the
12consolidation under s. 117.08 or 117.09 or the attachment under s. 117.10, 117.11 or
13117.132 will consolidate the school district with, or reattach its territory to, the school
14district from which its territory was detached by the reorganization which created
15the school district.
AB304, s. 18 16Section 18. 117.14 (1) (b) of the statutes is amended to read:
AB304,19,2217 117.14 (1) (b) If the order is issued under ss. 117.11 117.105 to 117.132, the
18appeal shall be filed with the circuit court of any county in which any of the territory
19proposed to be detached from one school district and attached to, or included in,
20another school district is located or with the circuit court of any county in which any
21territory of the school district to which the territory is proposed to be attached, or the
22school district that is proposed to be created,
is located.
AB304, s. 19 23Section 19. 117.15 (2m) of the statutes is amended to read:
AB304,20,424 117.15 (2m) If territory is proposed to be detached from one school district and
25attached to an adjoining school district or proposed to be included in a new school

1district under s. 117.105
, whether the proposed detachment will have any adverse
2effect on the program currently offered by the school district from which the territory
3is proposed to be detached, including both curricular and extracurricular aspects of
4that program.
AB304, s. 20 5Section 20. 117.15 (6) of the statutes is amended to read:
AB304,20,146 117.15 (6) The socioeconomic level and racial composition of the pupils who
7reside or will reside in territory proposed to be detached from one school district and
8attached to an adjoining school district, in territory proposed to be included in a new
9school district under s. 117.105
or in school districts proposed to be consolidated or
10in a school district proposed to be dissolved; the proportion of the pupils who reside
11in such territory who are children at risk, as defined under s. 118.153 (1) (a); and the
12effect that the pupils described in this paragraph will have on the present and future
13socioeconomic level and racial composition of the affected school districts and on the
14proportion of the affected school districts' enrollments that will be children at risk.
AB304, s. 21 15Section 21. 117.17 (1) (a) of the statutes is amended to read:
AB304,21,416 117.17 (1) (a) Every order of school district reorganization under s. 117.08 or,
17117.09 or 117.105 that creates a new school district shall state the school districts
18which are dissolved or from which territory is detached to create the new school
19district, name the new school district, state the type of school district and the grades
20to be taught by the new school district pursuant to s. 115.01 (2), (3) and (5), designate
21the number of school board members under s. 120.01 or 120.41, designate the terms
22of initial members of the school board under s. 120.02 (3) (a), designate the method
23of election of school board members under s. 120.06 or 120.42, direct the election of
24school board members under s. 120.06 or 120.42, insofar as applicable, designate the
25date of the first election of school board members, as provided under s. 117.22 (2) (b),

1and fix the time and place for the first annual meeting of the new school district, if
2one is to be held. The secretary of the board shall give notice of the first annual
3meeting, if one is to be held, under s. 120.08 (1) (c), and shall designate a person to
4act as temporary chairperson of the annual meeting until a chairperson is elected.
AB304, s. 22 5Section 22. 117.17 (1) (bm) of the statutes is created to read:
AB304,21,96 117.17 (1) (bm) Every order of school district reorganization under s. 117.105
7shall describe the territory of the school districts from which territory is detached to
8create the new school district, state the school district created by the order and
9describe the territory of the school district created by the order.
AB304, s. 23 10Section 23. 117.20 (1) of the statutes is amended to read:
AB304,21,1611 117.20 (1) If a referendum is required under ss. 117.08 to 117.11, it shall be held
12on the Tuesday after the first Monday in November following receipt of the petition
13or adoption of the resolution under s. 117.08 (3) (a), 117.09 (3) (a), 117.10 (3) (a) or
14117.11 (4) (a). If a referendum is required under s. 117.105, it shall be held on the
15Tuesday after the first Monday in the 2nd November following receipt of the petition
16or adoption of the resolution under s. 117.105 (1).
AB304, s. 24 17Section 24. 117.22 (2) (a) 1. of the statutes is amended to read:
AB304,21,1918 117.22 (2) (a) 1. The clerk of the affected school district that has the highest
19equalized valuation, if an order of reorganization is issued under s. 117.08 or 117.105.
AB304, s. 25 20Section 25. 117.22 (2) (bm) of the statutes is created to read:
AB304,21,2321 117.22 (2) (bm) If an order of reorganization is issued under s. 117.105, the first
22election of school board members shall be held at the spring election following the
23referendum under s. 117.105 (3).
AB304, s. 23g 24Section 23g. 117.22 (2) (d) of the statutes is amended to read:
AB304,22,14
1117.22 (2) (d) At least 12 weeks prior to the date of the election, the school
2district clerk shall publish a type A notice of the school board election, under s. 10.01
3(2) (a). No later than 5 p.m. on the date 10 weeks prior to the election, any qualified
4elector of the school district created by the reorganization may file with the school
5district clerk a sworn declaration of candidacy for the school board and, if required,
6nomination papers, as provided under s. 120.06 (6) (b). For purposes of this
7paragraph, a candidate who resides in the territory of the school district created
8pursuant to a reorganization under s. 117.105 and is otherwise a qualified elector
9shall be considered a qualified elector for a school board election under par. (bm).
A
10candidate shall file an amended declaration with the school district clerk as provided
11in s. 120.06 (6) (b). Within 8 days after the first election in the newly created school
12district, the school district clerk shall notify the successful candidates of their
13election. On the 2nd Tuesday following the election, the clerk shall administer or
14receive the official oath and the newly elected members shall take office.
AB304, s. 23r 15Section 23r. 117.22 (3) of the statutes is created to read:
AB304,22,2116 117.22 (3) Ineligibility. Any person elected to a school board in an election
17under sub. (2) (bm) who is also a member of the school board of an affected school
18district is not eligible to serve as a member of the school board for the school district
19created by the reorganization unless the person resigns as a member of the school
20board of the affected school district prior to receiving the official oath of office under
21sub. (2) (d).
AB304, s. 26 22Section 26. 117.25 (4) of the statutes is created to read:
AB304,22,2423 117.25 (4) Creations. When a school district is created under s. 117.105, all of
24the following apply:
AB304,23,5
1(a) Any employe of a school district from which territory is detached by the
2reorganization who is laid off as a result of the reorganization has priority over other
3persons for 3 years after the effective date of the reorganization for new positions and
4vacant positions for which he or she is qualified in the school district that is created
5by the reorganization.
AB304,23,106 (b) Any person who wishes to exercise his or her priority under par. (a) shall
7notify the school district that is created by the reorganization, in writing, that he or
8she wishes to be considered for any new position or vacant position and shall include
9in the notice the address to be used by the school district to notify the person of such
10positions.
AB304, s. 27 11Section 27. 117.30 (1) of the statutes is renumbered 117.30 (1) (a) and
12amended to read:
AB304,24,513 117.30 (1) (a) If Except as provided under pars. (b) and (c), if a school district
14for 2 or more successive years has failed to operate a school as required by law
15sufficient classes at each grade level to provide all pupils who reside in the school
16district an opportunity to attend class at the appropriate grade level
, the board shall
17attach the territory of the school district to one or more school districts that do
18operate schools so. Within 60 days of the date on which a school district becomes
19subject to this section, the department shall so notify the school district clerk and the
20clerk of each municipality in which part of the school district lies. Prior to August
2130 of the year in which the school district becomes subject to this section, the board
22shall issue an order of school district reorganization attaching the school district to
23one or more operating school districts. Orders issued under this section take effect
24upon being filed as provided in s. 117.17 (2). The school board of each district to which
25any territory is attached under this section shall levy and collect a special tax against

1the property in the territory so attached for such amount as is payable for tuition and
2transportation, at the time of the attachment, by the school district in which the
3attached territory was located prior thereto, in the proportion that the equalized
4valuation of the attached territory bears to the total equalized valuation of the school
5district in which such territory was located prior to such attachment.
AB304, s. 28 6Section 28. 117.30 (1) (b) and (c) of the statutes are created to read:
AB304,24,147 117.30 (1) (b) Before the end of the first school year beginning after the effective
8date of a reorganization under s. 117.105, the school board of the school district
9created by the reorganization may request the department to extend the 2-year time
10period under par. (a) by one year. The department may grant the extension, and may
11renew the extension for additional one-year periods, if the department determines
12that the school board has adequate plans and is making adequate progress toward
13operating sufficient classes at each grade level to provide all pupils who reside in the
14school district an opportunity to attend class at the appropriate grade level.
AB304,24,2315 (c) If a school district created under s. 117.105 fails to operate sufficient classes
16at each grade level to provide all pupils who reside in the school district an
17opportunity to attend class at the appropriate grade level before the end of the first
18school year beginning after the effective date of the reorganization under s. 117.105,
19plus the period of any extension granted under par. (b), the board's order under par.
20(a) shall reattach the territory of the school district to each of the school districts from
21which the territory was detached by the reorganization under s. 117.105, unless the
22school district from which the territory was detached is no longer an operating school
23district.
AB304, s. 26d 24Section 26d. 120.06 (2) of the statutes is renumbered 120.06 (2) (a) and
25amended to read:
AB304,25,3
1120.06 (2) (a) School Except as provided under par. (b), school board members
2shall be electors of the school district and shall be elected at large by a plurality vote
3of the electors of the school district.
AB304, s. 26h 4Section 26h. 120.06 (2) (b) of the statutes is created to read:
AB304,25,75 120.06 (2) (b) School board members elected to a school board in an election
6under s. 117.22 (2) (bm) shall reside in the territory of the school district created by
7the reorganization.
AB304, s. 26p 8Section 26p. 120.42 (1) (a) of the statutes is amended to read:
AB304,25,159 120.42 (1) (a) Except as provided in par. pars. (b) and (c), school board members
10in a unified school district shall be electors of the school district and shall be elected
11at large, at large to numbered seats or at large to an apportioned election district area
12by a plurality vote of the electors of the school district. School board members in a
13unified school district shall be elected under s. 120.06 at the spring election. All
14candidates for school board seats shall file a declaration of candidacy as provided in
15s. 120.06 (6) (b).
AB304, s. 26t 16Section 26t. 120.42 (1) (c) of the statutes is created to read:
AB304,25,1917 120.42 (1) (c) School board members elected to a school board in an election
18under s. 117.22 (2) (bm) shall reside in the territory of the school district created by
19the reorganization.
AB304, s. 29 20Section 29. 121.07 (6) (e) of the statutes is renumbered 121.07 (6) (e) 1.
AB304, s. 30 21Section 30. 121.07 (6) (e) 2. of the statutes is created to read:
AB304,26,222 121.07 (6) (e) 2. For a school district from which territory was detached to
23create a school district under s. 117.105, in each of the 4 school years beginning on
24the July 1 following the effective date of the reorganization under s. 117.105, the

1amounts under par. (b) and (d) shall be multiplied by 1.1 and rounded to the next
2lower dollar.
AB304, s. 31 3Section 31. 121.07 (7) (e) of the statutes is renumbered 121.07 (7) (e) 1.
AB304, s. 32 4Section 32. 121.07 (7) (e) 2. of the statutes is created to read:
AB304,26,95 121.07 (7) (e) 2. For a school district from which territory was detached to
6create a school district under s. 117.105, in each of the 4 school years beginning on
7the July 1 following the effective date of the reorganization under s. 117.105, the
8amounts under pars. (a) to (bm) shall be multiplied by 1.1 and rounded to the next
9lower dollar.
AB304, s. 33 10Section 33. 121.78 (2) (bm) of the statutes is created to read:
AB304,26,1711 121.78 (2) (bm) The school board of a school district from which territory was
12detached to create a school district under s. 117.105 and the school board of the school
13district created under s. 117.105 shall permit a pupil who resides in the territory that
14was detached to continue to attend school in the school district from which the
15territory was detached until the school district created by the reorganization begins
16offering instruction at the pupil's grade level. The school board of the school district
17created by the reorganization shall pay tuition for the pupil.
AB304, s. 34 18Section 34. 121.78 (2) (br) of the statutes is created to read:
AB304,26,2519 121.78 (2) (br) 121.78 (2) (br) The school board of a school district from which
20territory was detached to create a school district under s. 117.105 and the school
21board of the school district created under s. 117.105 shall permit a pupil who resides
22in the territory that was detached and has gained 12th grade status in the school
23district from which the territory was detached to continue to attend school in the
24school district from which the territory was detached. The school board of the school
25district created by the reorganization shall pay tuition for the pupil.
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