119.42(2)
(2) Any teacher employed in a public school in territory annexed to the city, who at the time of the annexation possesses the qualifications required by law and by the rules of the board for probationary or permanent appointment to a teaching position in the city, shall have the status of a regularly appointed teacher in the schools of the city and shall be entitled to all the rights and privileges of regularly appointed teachers in the city. Time spent in teaching in the annexed territory prior to annexation shall be credited to each such teacher as time spent in teaching in the city.
119.42(3)
(3) This section does not apply after December 21, 1995. Any person whose employment is permanent under this section on December 21, 1995, shall retain all of the rights and privileges of such permanent employment after that date.
119.42 Annotation
Teacher tenure laws are in derogation of the common law, creating a contract between the parties by operation of law, and therefore are to be strictly construed, and the scope of the tenure created by the statute, or by school board rule enacted pursuant to statute, must be determined from the language of the section and cannot be broadened beyond the intent of the legislature. State ex rel. Farley v. Bd. of School Directors, 49 W (2d) 765, 183 NW (2d) 148.
119.42 Annotation
A probationer gains permanent status upon completion of six semesters; the school board's letter, sent after the sixth semester stating the plaintiff would not be reappointed, was ineffective. Bufkin v. Milwaukee School Directors Bd. 179 W (2d) 228, 507 NW (2d) 571 (Ct. App. 1993).
119.44(1)(1) The board shall file its annual financial report with the city clerk and shall send a copy of the report to the department.
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) The board shall file its annual financial report with the city clerk and shall send a copy of the report to the state superintendent.
119.44(2)
(2) Annually at such times as the department prescribes but on or before September 1, the board shall file a verified annual report with the department, on forms supplied by the department. The annual report shall contain all of the following:
119.44(2)(a)
(a) Prior school year attendance data, including all of the following categorized by school, grade, gender and ethnicity:
119.44(2)(a)2.a.a. The number of pupils suspended, the number of suspensions and the total number of school days missed as a result of suspensions under
s. 120.13 (1) (b).
119.44(2)(a)2.b.
b. The number of pupils expelled, the number of expulsions and the total number of school days missed as a result of expulsions under
s. 120.13 (1) (c).
119.44(2)(a)3.
3. The number of pupils transferred by the school board to a different school in the same school district.
119.44(2)(b)
(b) Scores of the standardized reading tests administered to pupils during the prior school year under
s. 121.02 (1) (r), categorized by school, gender and ethnicity.
119.46
119.46
Taxes for school operations fund. As part of the budget transmitted annually to the common council under
s. 119.16 (8) (b), the board shall report the amount of money required for the ensuing school year to operate all public schools in the city under this chapter, to repair and keep in order school buildings and equipment, to make material improvements to school property and to purchase necessary additions to school sites. The common council shall levy and collect a tax upon all the property subject to taxation in the city, which shall be equal to the amount of money required by the board for the purposes set forth in this section, at the same time and in the same manner as other taxes are levied and collected. Such taxes shall be in addition to all other taxes which the city is authorized to levy. The taxes so levied and collected, together with the other funds provided by law and placed at the disposal of the city for the same purposes, shall constitute the school operations fund.
119.46 Annotation
See note to 806.04, citing Tooley v. O'Connell, 77 W (2d) 422, 253 NW (2d) 335.
119.47
119.47
Taxes for school extension fund. 119.47(1)
(1) If activities are being conducted under
s. 119.70 (1), the board as part of the budget transmitted annually to the common council under
s. 119.16 (8) (b) shall specify the amount of money required for the ensuing school year under
s. 119.70 (3). The taxes so levied and collected shall constitute the school extension fund.
119.47(2)
(2) The board may receive and expend, in addition to the tax levied and collected under
s. 119.70 (3), any sums of money appropriated by the common council of the city for community services. The common council may appropriate from the city general fund or a similar fund to the school district such sums of money as the common council deems expedient.
119.47 History
History: 1971 c. 211 s.
126;
1975 c. 353;
1985 a. 225 ss.
60,
61,
77.
119.48
119.48
Taxes for school construction fund. 119.48(1)
(1) If the board adopts a resolution by a two-thirds vote of the members-elect to provide funds, in addition to receipts from the sale of bonds, to purchase school sites, to construct school buildings and additions thereto or to remodel existing buildings, the board may include, as part of the budget transmitted to the common council under
s. 119.16 (8) (b), a communication stating the amount of funds needed for such purposes. Upon receipt of the communication, the common council shall levy and collect a tax upon all property subject to taxation in the city, which shall be equal to the amount of money required by the board for the purposes set forth in the communication, at the same time and in the same manner as other taxes are levied and collected. Such taxes shall be in addition to all other taxes which the city is authorized to levy. The taxes so levied and collected shall constitute the school construction fund. The board may allow the school construction fund to accumulate from year to year.
119.48(2)
(2) The common council shall have the following options on the board's communication under
sub. (1):
119.48(2)(a)
(a) To levy and collect a tax equal to the amount of money specified by the board under
sub. (1).
119.48(2)(b)
(b) To levy and collect a tax to realize part of the money so specified and to provide the remainder thereof from the permanent improvement fund of the city.
119.48(2)(c)
(c) To decline to levy and collect a school construction fund tax and to provide the entire amount of money so specified from the permanent improvement fund.
119.48(3)(a)(a) The school construction fund taxes in any one year shall not exceed the levy rate specified in
s. 65.07 (1) (f), unless the decision to exceed the levy rate specified in
s. 65.07 (1) (f) is approved through the voter referendum procedure specified in
sub. (4). Any such approval is applicable only for one year.
119.48(3)(b)
(b) The school construction fund tax levy shall be reduced in any year only by the amount which the common council in such year provides from the permanent improvement fund of the city.
119.48(4)(a)(a) If the board deems it necessary to exceed the levy rate specified under
s. 65.07 (1) (f), it may by a two-thirds vote of the members-elect include a communication to the common council as part of the budget transmitted to the common council under
s. 119.16 (8) (b).
119.48(4)(b)
(b) The communication shall state the purposes for which the funds from the increase in the levy rate will be used and shall request the common council to submit to the voters of the city the question of exceeding the levy rate specified in
s. 65.07 (1) (f) at the September election or a special election.
119.48(4)(c)
(c) Upon receipt of the communication, the common council shall cause the question of exceeding the levy rate specified under
s. 65.07 (1) (f) to be submitted to the voters of the city at the September election or at a special election. The question of exceeding the levy rate specified under
s. 65.07 (1) (f) shall be submitted upon a separate ballot or in some other manner so that the vote upon exceeding the levy rate specified in
s. 65.07 (1) (f) is taken separately from any other question submitted to the voters. If a majority of the electors voting on the question favors exceeding the levy rate specified under
s. 65.07 (1) (f), the common council shall approve the increase in the levy rate and shall levy and collect a tax equal to the amount of money approved by the electors.
119.48 History
History: 1987 a. 27.
119.49(1)(a)(a) If the board deems it necessary to construct buildings or additions to buildings, to remodel buildings or to purchase school sites or to provide funds for any such purpose as a participant in a contract under
s. 66.30 (6), it may by a two-thirds vote of the members-elect send a communication to the common council of the city.
119.49(1)(b)
(b) The communication shall state the amount of funds needed under
par. (a) and the purposes for which the funds will be used and shall request the common council to submit to the voters of the city at the next election held in the city the question of issuing school bonds in the amount and for the purposes stated in the communication.
119.49(2)
(2) Upon receipt of the communication, the common council shall cause the question of issuing such school bonds in the stated amount and for the stated school purposes to be submitted to the voters of the city at the next election held in the city. The question of issuing such school bonds shall be submitted upon a separate ballot or in some other manner so that the vote upon issuing such school bonds is taken separately from any other question submitted to the voters. If a majority of the electors voting on the school bond question favors issuing such school bonds, the common council shall cause the school bonds to be issued immediately or within the period permitted by law, in the amount requested by the board and in the manner other bonds are issued.
119.49(3)
(3) The proper city officials shall sell or dispose of the bonds in the same manner as other bonds are disposed of. The entire proceeds of the sale of the bonds shall be placed in the city treasury, subject to the order of the board for the purposes named in the communication under
sub. (1). Such school bonds shall be payable within 20 years from the date of their issue.
119.49(4)
(4) The common council shall levy and collect a tax upon all taxable property in the city, in the same manner and at the same time as other taxes are levied and collected, which shall be sufficient to pay the interest on all school bonds issued under this chapter which are outstanding and to pay such part of the principal of such school bonds as becomes due during the ensuing school year.
119.49(5)
(5) The amount of such school bonds outstanding at any time shall not be greater than 2% of the total value of all taxable property in the city as certified under
s. 121.06 (2). The tax levied to pay the interest and principal on such school bonds shall be in addition to the tax levied for general purposes upon all the taxable property of the city.
119.495
119.495
Borrowing on promissory notes; 1989 to 1993. 119.495(1)(1) Between July 1, 1989, and the first Monday in August, 1993, upon adopting a resolution by a two-thirds vote of the members elect, the board may direct the common council to issue promissory notes under
s. 67.12 (12) for the purpose of providing additional classroom space to accommodate anticipated school enrollments.
119.495(2)
(2) The board shall include in its budget transmitted to the common council under
s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall make every effort to involve a minority investment firm certified under
s. 560.036 as managing underwriter of the notes or to engage a minority financial adviser certified under
s. 560.036 to advise the city regarding any public sale of the notes.
119.495(3)
(3) The common council may not issue a note under this section or sell a note issued under this section after June 30, 1994. The total amount of notes issued under this section may not exceed $27,500,000.
119.495(4)
(4) The board may enter into a contract in anticipation of the sale of the notes on the same basis upon which a 1st class city may contract in anticipation of the sale of bonds under
s. 67.10 (6).
119.495(5)
(5) The city's budgetary authorization for borrowing in 1989 is increased by $10,000,000 for the purpose of this section.
119.495 History
History: 1989 a. 31;
1991 a. 314.
119.496
119.496
Borrowing on promissory notes; 1992 to 1995. 119.496(1)(1) Subject to
sub. (6), between June 1, 1992, and June 30, 1995, upon adopting a resolution by a two-thirds vote of the members elect and receipt of written approval by the mayor of the city, the board may direct the common council to issue promissory notes under
s. 67.12 (12) for the purpose of providing additional classroom space to accommodate anticipated school enrollments and for educational programming.
119.496(2)
(2) The board shall include in its budget transmitted to the common council under
s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall establish goals of involving minority investment firms certified under
s. 560.036 as managing underwriters for at least 50% of the total amount financed by the notes and of engaging a minority financial adviser certified under
s. 560.036 to advise the city regarding any public sale of the notes.
119.496(3)
(3) The common council may not issue a note under this section or sell a note issued under this section after June 30, 1995. The total amount of notes issued under this section may not exceed $35,000,000.
119.496(4)
(4) The board may enter into a contract in anticipation of the sale of the notes on the same basis upon which a 1st class city may contract in anticipation of the sale of bonds under
s. 67.10 (6).
119.496(5)
(5) The city's budgetary authorization for borrowing in 1992 is increased by $8,000,000 for the purpose of this section.
119.496(6)
(6) The board may not direct the common council to issue promissory notes under this section unless all of the following occur:
119.496(6)(a)
(a) The board adopts a resolution declaring its intention to comply with
s. 119.497 and notifies the secretary of administration of its action.
119.496(6)(b)
(b) The board adopts a resolution declaring its intention, beginning in 1992 and annually thereafter until all notes issued under this section are repaid, to include as part of its budget transmitted to the common council under
s. 119.16 (8) (b) a communication under
s. 119.48 stating an amount needed for a school construction fund that is sufficient to require the common council to levy 0.6 mills on each dollar of the assessed valuation of all taxable property in the city, and notifies the secretary of administration of its action.
119.496 History
History: 1991 a. 314.
119.497(1)(a)(a) The board shall develop a 10-year facility plan that reflects facility standards established by the board.
119.497(1)(b)
(b) The board shall hold public hearings on the plan. At least one week prior to the first public hearing, the board shall publish a class 1 notice under
ch. 985. The notice shall include all of the following:
119.497(1)(b)1.
1. The effect of the plan on the school district's property tax levy and operational costs.
119.497(1)(b)3.
3. The time and place of the public hearings to be held on the proposed plan.
119.497(1)(c)
(c) The board shall approve the plan by November 15, 1992.
119.497(2)(a)(a) By December 1, 1992, the board shall submit a report to the standing committees on education and the joint audit committee in the manner provided under
s. 13.172 (3), and to the joint committee on finance. The report shall include all of the following regarding the approved plan:
119.497(2)(a)1.
1. The projected effect of the plan on the property tax levy of the school district.
119.497(2)(a)3.
3. The projected increase in operational costs related to the plan, including the number of additional employes required to staff any new schools.
119.497(2)(a)4.
4. The location of any new schools and how the location relates to the current and projected distribution of school-age children throughout the school district.
119.497(2)(a)6.
6. Information on the involvement of minority investment firms certified under
s. 560.036, minority financial advisers certified under
s. 560.036, minority businesses certified under
s. 560.036 and workers who are minority group members, as defined in
s. 560.036 (1) (f), in the financing and construction of the schools.
119.497(2)(b)
(b) By December 1, 1992, the board shall submit the approved plan to the department and the legislative audit bureau for their review. By January 15, 1993, the department and the legislative audit bureau shall submit their comments on the plan to the committees specified under
par. (a) in the manner specified under
par. (a).
Effective date note
NOTE: Par. (b) 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:
