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 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(4)
(4) Creations. When a school district is created under
s. 117.105, all of the following apply:
117.25(4)(a)
(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.
117.25(4)(b)
(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.
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.
117.27 Annotation
A nonbinding resolution declaring intent to purchase real estate in the future does not create an "obligation" under sub. (4). Perritt Ltd. Partnership v. Kenosha Unified School District #1, 153 F 3d 489 (1998).
117.30
117.30
Attachment upon failure to operate school. 117.30(1)(a)(a) Except as provided under
pars. (b) and
(c), if a school district for 2 or more successive years has failed to operate sufficient classes at each grade level to provide all pupils who reside in the school district an opportunity to attend class at the appropriate grade level, the board shall attach the territory of the school district to one or more school districts that do so. 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 Note
NOTE: Par. (a) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under. s. 13.93 (2) (c).
117.30(1)(b)
(b) Before the end of the first school year beginning after the effective date of a reorganization under
s. 117.105, the school board of the school district created by the reorganization may request the department to extend the 2-year time period under
par. (a) by one year. The department may grant the extension, and may renew the extension for additional one-year periods, if the department determines that the school board has adequate plans and is making adequate progress toward operating sufficient classes at each grade level to provide all pupils who reside in the school district an opportunity to attend class at the appropriate grade level.
117.30(1)(c)
(c) If a school district created under
s. 117.105 fails to operate sufficient classes at each grade level to provide all pupils who reside in the school district an opportunity to attend class at the appropriate grade level before the end of the first school year beginning after the effective date of the reorganization under
s. 117.105, plus the period of any extension granted under
par. (b), the board's order under
par. (a) shall reattach the territory of the school district to each of the school districts from which the territory was detached by the reorganization under
s. 117.105, unless the school district from which the territory was detached is no longer an operating school district.
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);
1997 a. 27,
286; s. 13.93 (2) (c).
