117.132 History
History: 1989 a. 114;
1991 a. 269.
117.14
117.14
Appeal to court. 117.14(1)(1) 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) 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:
117.14(1)(a)
(a) If the order is issued under
ss. 117.08,
117.09 or
117.10, the appeal shall be filed with the circuit court of any county in which any territory of any affected school district is located.
117.14(1)(b)
(b) If the order is issued under
ss. 117.11 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 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 is located.
117.14(2)
(2) A person appealing under this section shall serve a written notice of appeal stating specifically the grounds upon which the appeal is based on the secretary of the board and file the notice with the clerk of the circuit court.
117.14 History
History: 1989 a. 114,
287.
117.15
117.15
Criteria for school district reorganizations. In making any decision under
ss. 117.08 to
117.132, a school board, the board and an appeal panel shall consider the following factors as they affect the educational welfare of all of the children residing in all of the affected school districts, and may consider other appropriate factors:
117.15(1)
(1) The geographical and topographical characteristics of the affected school districts, including the estimated travel time to and from school for pupils in the school districts.
117.15(2)
(2) The educational needs of all of the children residing in the affected school districts, the educational programs currently offered by each affected school district and the ability and commitment of each school district to meet those needs and continue to offer those educational programs.
117.15(2m)
(2m) If territory is proposed to be detached from one school district and attached to an adjoining school district, whether the proposed detachment will have any adverse effect on the program currently offered by the school district from which the territory is proposed to be detached, including both curricular and extracurricular aspects of that program.
117.15(3)
(3) The testimony of and written statements filed by the residents of the affected school districts.
117.15(4)
(4) The estimated fiscal effect of the proposed reorganization on the affected school districts, including the effect of the apportionment of assets and liabilities.
117.15(5)
(5) Whether the proposed reorganization will make any part of a school district's territory noncontiguous.
117.15(6)
(6) The socioeconomic level and racial composition of the pupils who reside or will reside in territory proposed to be detached from one school district and attached to an adjoining school district or in school districts proposed to be consolidated or in a school district proposed to be dissolved; the proportion of the pupils who reside in such territory who are children at risk, as defined under
s. 118.153 (1) (a); and the effect that the pupils described in this paragraph will have on the present and future socioeconomic level and racial composition of the affected school districts and on the proportion of the affected school districts' enrollments that will be children at risk.
117.15 History
History: 1989 a. 114,
287.
117.15 Annotation
On review of a decision under this section, the only issues to be considered are whether the reorganization authority acted within its jurisdiction and whether the determination was arbitrary and capricious. While an authority is bound to consider all the factors enumerated in this section, it may consider information from other sources, including matters within its knowledge and expertise. School District of Waukesha v. SDBAB, 201 W (2d) 109, 548 NW (2d) 122 (Ct. App. 1996).
117.17
117.17
Reorganization order. 117.17(1)(a)(a) Every order of school district reorganization under
s. 117.08 or
117.09 that creates a new school district shall state the school districts which are dissolved 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.
117.17(1)(b)
(b) Every order of school district reorganization under
s. 117.10 that dissolves a school district shall state the school district that is dissolved and describe the territory, assets and liabilities of the school district. Every order of school district reorganization issued under
s. 117.10 (4) shall describe the territory, assets and liabilities allocated to each other school district under that subsection.
117.17(1)(c)
(c) Every order of school district reorganization under
ss. 117.11 to
117.132 shall state the school districts from which any territory is detached and the school district to which any territory is attached and describe the territory.
117.17(1)(d)
(d) Every order of school district reorganization shall state the date on which it is to take effect. The date shall be as specified under
ss. 117.08 to
117.132 and
117.27 (1). If an appeal is made to court under
s. 117.14, the court may stay enforcement under
s. 227.54 of the order if a showing is made that there is substantial probability that the party seeking review will prevail on the merits and will suffer irreparable harm if a stay is not granted.
117.17(2)
(2) Filing. A certified copy of any resolution or order granting, affirming or denying a reorganization shall be filed, within 5 days after it is adopted or issued, with the secretary of the board. Upon receipt of the resolution or order, the secretary of the board shall immediately place on it the date upon which it was received. If the resolution or order affirms or grants a reorganization, within 5 days after receipt of the resolution or order the secretary of the board shall send, by certified mail, a certified copy of the resolution or order to the clerk of each city, village, town or county, any part of which is contained within an affected school district.
117.17(3)
(3) Presumption; validity of order. 117.17(3)(a)(a) A reorganization order shall be presumptive evidence of the facts recited therein and of the proceedings preliminary to the issuance of the order.
117.17(3)(b)
(b) The failure of any officer to perform a duty imposed upon him or her by this chapter does not affect the validity of a reorganization order otherwise lawfully made, but the officer is subject to
s. 946.12.
117.17 History
History: 1989 a. 114;
1993 a. 392.
117.20
117.20
Referendum procedures. 117.20(2)
(2) The clerk of each affected school district shall publish notice, as required under
s. 8.55, in the territory of that school district. The procedures for school board elections under
s. 120.06 (5),
(9),
(11),
(13) and
(14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the elections board under
ss. 5.64 (2) and
7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the board a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.
117.20 History
History: 1989 a. 114.
117.22
117.22
School boards in new school districts. 117.22(1)(a)(a) If school districts are consolidated under
s. 117.08 or
117.09, the school boards of the consolidating school districts shall constitute the joint interim school board of the new school district.
117.22(1)(b)
(b) The joint interim school board under
par. (a) constitutes the school board of the new school district beginning on the following date:
117.22(1)(c)
(c) The joint interim school board shall constitute the school board of the new school district until a school board is elected and qualified under
sub. (2). The joint interim school board shall have all the powers and duties of a school board elected for the school district. Any action by the joint interim school board requires an affirmative vote of a majority of a quorum of the joint interim board.
117.22(2)(a)(a) In this subsection, "school district clerk" means:
117.22(2)(a)1.
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.
117.22(2)(a)2.
2. The clerk of the affected union high school district, if an order of reorganization is issued under
s. 117.09.
117.22(2)(b)
(b) An order of school district reorganization issued under
s. 117.08 or
117.09 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).
117.22(2)(cm)
(cm) No election under
par. (b) may be held after February 1 and before the date of the spring election, nor after September 1 and before the date of a general election held in the same year.
117.22(2)(d)
(d) At least 12 weeks prior to the date of the election, the school district clerk shall publish a type A notice of the school board election, under
s. 10.01 (2) (a). No later than 5 p.m. on the date 10 weeks prior to the election, any qualified elector of the school district created by the reorganization may file with the school district clerk a sworn declaration of candidacy for the school board and, if required, nomination papers, as provided under
s. 120.06 (6) (b). A candidate shall file an amended declaration with the school district clerk as provided in
s. 120.06 (6) (b). Within 8 days after the first election in the newly created school district, the school district clerk shall notify the successful candidates of their election. On the 2nd Tuesday following the election, the clerk shall administer or receive the official oath and the newly elected members shall take office.
117.22(2)(e)
(e) If a primary election for the school board positions is required under
s. 120.06 (7) (b), it shall be held on the day which is 4 weeks before the election, except that if the school board election is held on the day of the general election, the primary shall be held on the day of the September primary, and if the school board election is held on the day of the spring election, the primary shall be held on the day of the spring primary. The school district clerk shall notify the clerk of each city, village or town, any part of which is contained within an affected school district, of the primary election. The school district clerk shall give the notices under
s. 120.06 (8) (c) on the Monday before the primary election, if one is held, and on the Monday before the school board election.
117.22(2)(f)
(f) Costs chargeable to the school district under
ss. 5.68 and
7.03 shall become a charge upon the new school district and the school board of the new school district shall pay all such costs.
117.22 History
History: 1989 a. 114,
287;
1993 a. 392.
117.25
117.25
Transfer of assets, liabilities and employes; agreements between consolidating school districts. 117.25(1)(1)
Consolidations. On the effective date of a consolidation of school districts under
s. 117.08 or
117.09, all of the following apply:
117.25(1)(a)
(a) The school districts that were consolidated cease to exist.
117.25(1)(b)
(b) Title to all property and the assets of the school districts under
par. (a) become vested in the new consolidated school district.
117.25(1)(c)
(c) Claims, obligations and contracts of the school districts under
par. (a) become claims, obligations and contracts of the new consolidated school district.
117.25(1)(d)1.1. Employes of the school districts under
par. (a) become employes of the new consolidated school district.
117.25(1)(d)2.
2. The new consolidated school district assumes the rights and obligations of the school districts under
par. (a), under the provisions of any collective bargaining agreement that applies to these employes.
117.25(1)(d)3.
3. The collective bargaining agreement remains in effect until the expiration date of the agreement or until a new collective bargaining agreement between the school district and representatives of these employes is effective, whichever occurs first.
117.25(1m)
(1m) Consolidations; agreements to continue programs or facilities. 117.25(1m)(a)(a) A written agreement between the school boards of 2 or more school districts that are considering consolidating under
s. 117.08 or
117.09 to continue operating a program or facility at a specific location for a specified period after consolidation, not to exceed 5 years, shall be binding upon the joint interim school board of the new school district under
s. 117.22 and any subsequently elected school board of the new school district. The school district clerk of the school district with the largest equalized valuation shall file a copy of the agreement with the department.
Effective date note
NOTE: Par. (a) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(a) A written agreement between the school boards of 2 or more school districts that are considering consolidating under s. 117.08 or 117.09 to continue operating a program or facility at a specific location for a specified period after consolidation, not to exceed 5 years, shall be binding upon the joint interim school board of the new school district under s. 117.22 and any subsequently elected school board of the new school district. The school district clerk of the school district with the largest equalized valuation shall file a copy of the agreement with the state superintendent.
117.25(1m)(b)
(b) Ten or more electors of the new school district may jointly petition the circuit court of the county in which any portion of the new school district is located to enforce an agreement under
par. (a).
117.25(2)
(2) Detachment and attachment of territory. When territory is detached from one school district and attached to an adjoining school district under
ss. 117.11 to
117.132, all of the following apply:
117.25(2)(a)
(a) Assets and liabilities are assigned to the school districts under
s. 66.03 on the effective date of the reorganization.
117.25(2)(b)1.1. Any employe of the school district from which territory is detached who is laid off as a result of the reorganization has priority over other persons, except employes of the school district to which the territory is attached and former employes of that school district who were laid off from that school district, 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 to which the territory is attached.
117.25(2)(b)2.
2. Any person who wishes to exercise his or her priority under subd.
1. shall notify the school district to which the territory is attached, 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.
117.25(3)
(3) Dissolutions. If the board affirms the school board's dissolution order under
s. 117.10 (4), the board's order shall specify that either
sub. (1) (d) 1. or
(2) (b) applies to employes of the dissolved school district and shall identify the other school district or school districts that shall be treated as the new consolidated school district or school district to which territory is attached for the purposes of
sub. (1) (d) 1. or
(2) (b). If the board's order identifies more than one such school district, it shall also identify which of the employes of the dissolved school district become employes of which of the identified school districts under
sub. (1) (d) 1., or have priority for employment in which of the identified school districts under
sub. (2) (b).
117.25 History
History: 1989 a. 114,
287;
1995 a. 27 s.
9145 (1).
117.25 Annotation
The relief afforded in sub. (2) (b) applies to teachers laid off after May 8, 1990 as the result of reorganization, regardless of the authority under which the reorganization was initiated. Laid off teachers may maintain a private action for damages for violation of sub. (2) (b) as that provision creates a right to hiring priority, but not a remedy. Anderson v. School District of Ashland,
181 Wis. 2d 502, 510 NW (2d) 822 (Ct. App. 1993).
117.27
117.27
Change of district type. 117.27(1)
(1) A common or union high school district may be changed into a unified school district, a unified school district operating only high school grades may be changed into a union high school district, and a unified school district operating only elementary grades or both elementary and high school grades may be changed into a common school district, if at least 30 days prior to the spring election a petition conforming to the requirements of
s. 8.40 requesting the change is filed with the school district clerk signed by at least 10% of the electors residing in the school district. The validity of the petition shall be governed by the rules promulgated under
s. 8.40 (3).
117.27(2)(a)(a) The petition shall state that the school board of the predecessor school district shall become the first school board of the successor school district. Upon receipt of the petition, the school district clerk shall publish a class 1 notice, under
ch. 985, of the filing of the petition. The notice shall include the date, time and place at which the school board shall hold a public hearing on the proposed change. The public hearing shall be held at least 7 days prior to the date of the spring election.
117.27(2)(b)
(b) The school district clerk shall include in the notice of the spring election a statement that the election ballot will include a question on the change requested by the petition. The form of the ballot shall correspond to the form prescribed by the elections board under
ss. 5.64 (2) and
7.08 (1) (a) and the question on the ballot shall be:
"Shall the .... (name of school district) be a .... (type of school district structure set forth in the petition)?
Yes .... No ...."
117.27(3)
(3) If a majority of the electors voting at the spring election vote in favor of the change, the school board shall issue an order of school district reorganization effective on the July 1 following the spring election. A certified copy of the order shall be filed as provided under
s. 117.17 (2).
117.27(4)
(4) When the type of school district is changed, all property, assets, claims, contracts, liabilities and obligations of the predecessor school district become the property, assets, claims, contracts, liabilities and obligations of the successor school district.
117.30
117.30
Attachment upon failure to operate school. 117.30(1)(1) If a school district for 2 or more successive years has failed to operate a school as required by law, the board shall attach the territory of the school district to one or more school districts that do operate schools. Within 60 days of the date on which a school district becomes subject to this section, the department shall so notify the school district clerk and the clerk of each municipality in which part of the school district lies. Prior to August 30 of the year in which the school district becomes subject to this section, the board shall issue an order of school district reorganization attaching the school district to one or more operating school districts. Orders issued under this section take effect upon being filed as provided in
s. 117.17 (2). The school board of each district to which any territory is attached under this section shall levy and collect a special tax against the property in the territory so attached for such amount as is payable for tuition and transportation, at the time of the attachment, by the school district in which the attached territory was located prior thereto, in the proportion that the equalized valuation of the attached territory bears to the total equalized valuation of the school district in which such territory was located prior to such attachment.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) If a school district for 2 or more successive years has failed to operate a school as required by law, the board shall attach the territory of the school district to one or more school districts that do operate schools. Within 60 days of the date on which a school district becomes subject to this section, the state superintendent shall so notify the school district clerk and the clerk of each municipality in which part of the school district lies. Prior to August 30 of the year in which the school district becomes subject to this section, the board shall issue an order of school district reorganization attaching the school district to one or more operating school districts. Orders issued under this section take effect upon being filed as provided in s. 117.17 (2). The school board of each district to which any territory is attached under this section shall levy and collect a special tax against the property in the territory so attached for such amount as is payable for tuition and transportation, at the time of the attachment, by the school district in which the attached territory was located prior thereto, in the proportion that the equalized valuation of the attached territory bears to the total equalized valuation of the school district in which such territory was located prior to such attachment.
117.30(3)
(3) If an order issued under this section is voided, the nonoperating school district shall arrange for the attendance of its pupils at the schools of one or more other school districts on a nonresident tuition basis, and shall provide transportation to and from such schools by the methods provided in
s. 121.55 for all of its pupils who reside 2 miles or more from the school they attend. Until a valid order has been issued, the nonoperating school district may use such funds on hand as have been raised or appropriated for operation and maintenance or levy taxes to pay for such tuition and transportation. If an order is voided, the board shall issue new orders of school district reorganization within the succeeding year.
117.30 History
History: 1979 c. 303;
1983 a. 27;
1989 a. 114 s.
13; Stats. 1989 s. 117.30;
1995 a. 27 s.
9145 (1).
