120.06(8)(b)
(b) Determine for the primary, if any, and again for the spring election the order in which the names of candidates shall appear on the ballot by supervising the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday, and the 2nd day following the completion of the canvass of the primary election, if any;
120.06(8)(c)
(c) Cause to be given a class 1 notice, in accordance with
ch. 985, on the Monday before the primary election, if one is to be held, and on the Monday before the spring election. If publication is made in a newspaper which does not publish on Monday, publication shall be made on the closest preceding day on which the newspaper publishes. If the school district clerk determines that due to the method of delivering newspapers in the school district more effective notice will be provided by publication at an earlier date, the school district clerk may publish the notice not earlier than 3 days before the primary or election. The notice shall contain the following information:
120.06(8)(c)2.
2. The names of all candidates in the order in which they are listed on the ballot;
120.06(8)(c)3.
3. The location and open hours of polling places and a designation of which persons should vote at each polling place; and
120.06(8)(d)
(d) Where paper ballots are utilized at a spring primary or election, provide the municipal clerk an adequate supply of ballots for the primary or election at least 22 days before the primary or election;
120.06(8)(e)
(e) Receive all ballots after they have been counted, reported and secured;
120.06(8)(f)
(f) After the spring primary, if any, after the spring election, and after any special primary, election or referendum, assure that the returns are canvassed as provided in
sub. (14) and
s. 7.53 (3).
120.06(8)(g)
(g) Retain and supervise the destruction of election materials from the primary, if any, and the spring election pursuant to
s. 7.23 insofar as applicable; and
120.06(8)(h)
(h) Whenever a recount of a primary or other election is required, assure that the recount is conducted by the municipal and school district boards of canvassers pursuant to
s. 9.01.
120.06(9)(a)(a) The primary and spring elections for school board members shall be conducted by the election officials for state and municipal elections. In a school board election held in conjunction with a state, county, municipal or judicial election, the polling places for the state, county, municipal or judicial election shall be the polling places for the school board election and the municipal election hours shall apply. If no state, county, municipal or judicial election is held on the day of the school board election, the school board may set the election hours and the polling places to be used. The election costs shall be charged as provided in
ss. 5.68 and
7.03. Election hours set by the school board shall be the same as those provided by the municipal governing body in which the polling place is located, except that if the opening hour is later than 7 a.m., the school board may extend the opening hour to not earlier than 7 a.m.
120.06(9)(b)
(b) The school board may not select a polling place to be closed under
par. (a) if:
120.06(9)(b)1.
1. Ten percent or more of the electors voting in the last school board election voted at the polling place; or
120.06(9)(b)2.
2. The polling place is located in a municipality which is located entirely within the school district.
120.06(9)(c)
(c) The school board shall post a notice on the door of any polling place not selected indicating all polling places selected and open for voting.
120.06(10)
(10) Within 8 days after the election or appointment of any person to the school board, the school district clerk shall notify the person of his or her election or appointment. Notice of election shall be provided in the manner prescribed in
s. 7.53 (3) (a). On or prior to the day provided for taking office, a school board member shall take and file the official oath.
120.06(11)
(11) The absentee ballot provisions of
ss. 6.84 to
6.89 apply to elections under this section. Voting machines or an electronic voting system shall be used in any city, village or town lying wholly or partially within a school district conducting an election under this section if the machines or system are required under
s. 5.40.
120.06(12)
(12) An election in accordance with
s. 17.26 to fill an unexpired term on a school board shall be held in the same manner as a regular school board election is held. In the case of a school board of more than 3 members, elections to fill unexpired terms shall be held simultaneously with the elections for regular terms, the regular terms to be filled by the appropriate number of candidates receiving the highest number of votes and the unexpired terms to be filled by the appropriate number of candidates receiving the next highest number of votes.
120.06(13)
(13) A person attempting to vote at an election of school board members may be challenged as provided in
s. 6.92,
6.925 or
120.08 (3).
120.06(14)
(14) The school district clerk shall receive the returns of each school district election, as compiled by the inspectors at each polling place of each municipality in which the school district is contained, from the municipal clerk of that municipality. The school district shall then canvass and determine the results of the election.
120.06(15)
(15) Unless otherwise provided by this chapter,
s. 117.22, or other applicable law, the elections for school board members shall be guided by the municipal election laws.
120.08
120.08
School district meetings. Every elector of a common or union high school district is eligible to vote at an annual or special meeting of the school district.
120.08(1)(a)(a) Common school districts shall hold an annual meeting on the 4th Monday in July at 8 p.m. and union high school districts shall hold an annual meeting on the 3rd Monday in July at 8 p.m. unless the electors at one annual meeting determine to thereafter hold the annual meeting on a different date or hour, or authorize the school board to establish a different date or hour. No annual meeting may be held before May 15 or after September 30. The first school district meeting in a common or union high school district created under
s. 117.08,
117.09 or
117.27 shall be considered an annual meeting.
120.08(1)(b)
(b) The place of the annual meeting shall be in a schoolhouse in the school district. If a schoolhouse which will accommodate the electors is not available, the place of the annual meeting shall be the nearest available place designated by the school board.
120.08(1)(c)
(c) The school district clerk shall publish a class 2 notice, under
ch. 985, of the time and place of the annual meeting, the last insertion to be not more than 8 days nor less than one day before the annual meeting. The school district clerk shall give like notice for any adjourned meeting, if the adjournment is for more than 30 days. No annual meeting shall be deemed illegal for want of notice.
120.08(2)(a)(a) Upon petition filed with the school district clerk signed by 3% of the electors residing in the school district or 100 electors, whichever is fewer, or upon the motion of the school board in a common or union high school district, a special meeting shall be called by the school district clerk or, in his or her absence, by the school district president or school district treasurer. If the petition includes a subject beyond the power of the special meeting to transact, the school district clerk shall reject such subject and so notify each elector signing the petition.
120.08(2)(b)
(b) Notice of a special meeting shall be published as a class 2 notice, under
ch. 985. The last insertion shall be not more than 8 days nor less than one day before the day of the special meeting. If no hour for the special meeting is fixed in the notice, it shall be held at 8 p.m.
120.08(2)(c)
(c) A special meeting has the powers of the annual meeting. No more than 2 special meetings may be held between annual meetings to consider or act upon the same subject, except that in counties having a population of 500,000 or more no more than 4 such meetings may be held. No tax may be voted at a special meeting, unless notice thereof is included in the notice under
par. (b). The amount of the tax proposed to be voted shall be set forth in the notice. The special meeting may vote a tax of a lesser amount than stated in the notice, but not a greater amount.
120.08(3)
(3) Challenge. If a person attempting to vote at an annual or special meeting is challenged, the chairperson of the meeting shall state to the person challenged the qualifications necessary to vote at the meeting. If such person declares that he or she is eligible to vote and if such challenge is not withdrawn, the chairperson shall administer the following oath or affirmation to him or her: "You do solemnly swear (or affirm) that you are an actual resident of this school district and that you are qualified, according to law, to vote at this meeting". A person taking such oath or affirmation shall be permitted to vote, but if that person refuses to take such oath or affirmation that person may not vote.
120.09
120.09
Consideration of special subject. If in a common or union high school district at least 60 days prior to the annual meeting a petition is filed with the school district clerk signed by 100 electors requesting that the annual meeting consider a special subject or item of business which is a proper subject or item for consideration at the annual meeting, the school district clerk shall incorporate a statement of the subject or item in the notice of the annual meeting. The school district clerk shall prepare the proper ballot to permit voting on the subject or item at the annual meeting. If the petition includes a subject beyond the power of the annual meeting, the school district clerk shall reject that part of the petition which contains such subject and notify the proper person within 20 days of the school district clerk's receipt of the petition. The petition shall designate a person or a representative of an organization to be notified in case of its rejection.
120.09 History
History: 1975 c. 138,
199.
120.10
120.10
Powers of annual meeting. The annual meeting of a common or union high school district may:
120.10(1)
(1) Chairperson and clerk. Elect a chairperson and, in the absence of the school district clerk, elect a person to act as the clerk of the meeting.
120.10(2)
(2) Adjournment. Adjourn from time to time.
120.10(3)
(3) Salaries of school board members. Vote annual salaries for school board members or an amount for each school board meeting the member actually attends.
120.10(4)
(4) Reimbursement of school board members. Authorize the payment of actual and necessary expenses of a school board member when traveling in the performance of duties and the reimbursement of a school board member for actual loss of earnings when duties require the school board member to be absent from regular employment.
120.10(5)
(5) Building sites. Designate sites for school district buildings and provide for the erection of suitable buildings or for the lease of suitable buildings for a period not exceeding 20 years with annual rentals fixed by the lease.
120.10(5m)
(5m) Real estate. Authorize the school board to acquire, by purchase or condemnation under
ch. 32, real estate and structures and facilities appurtenant to such real estate necessary for school district purposes.
120.10(6)
(6) Tax for sites, buildings and maintenance. Vote a tax to purchase or lease suitable sites for school buildings, to build, rent, lease or purchase and furnish, equip and maintain school district buildings. The tax may be spread over as many years as are required to pay any obligations approved or authorized at the annual meeting including rental payments due in future years under an authorized lease.
120.10(7)
(7) Tax for transportation vehicles. Vote a tax to purchase, operate and maintain transportation vehicles and to purchase liability insurance for such vehicles, and to finance contracts for the use and services of such vehicles.
120.10(8)
(8) Tax for operation. Vote a tax for the operation of the schools of the school district.
120.10(9)
(9) Tax for debts. Vote a tax necessary to discharge any debts or liabilities of the school district.
120.10(10)
(10) School debt service fund. Vote a tax to create a fund for the purpose of paying all current bonded indebtedness for capital expenditures. All money raised through taxation or otherwise collected pursuant to this subsection shall be deposited by the school district treasurer in a segregated fund. Such money shall not be used for any other purpose, except as provided by
s. 67.11 (1), or be transferred to any other fund except by authorization by a two-thirds majority vote of the total number of electors of the school district.
120.10(10m)
(10m) School capital expansion fund. Vote a tax to create a fund for the purpose of financing all current and future capital expenditures related to buildings and sites. All money raised through taxation or otherwise collected pursuant to this subsection shall be deposited by the school district treasurer in a segregated fund. Such money shall not be used for any other purpose or be transferred to any other fund except by authorization by a majority vote of the electors present at a subsequent annual meeting and only if notice that the issue would be on the agenda was included in the notice of the subsequent annual meeting under
s. 120.08 (1) (c).
120.10(11)
(11) Tax for recreation authority. Vote a tax for the purposes specified in
s. 66.527.
120.10(12)
(12) Sale of property. Authorize the sale of any property belonging to and not needed by the school district. If a school site or other lands are to be abandoned which were acquired or are held upon condition that they revert to the prior owner when no longer used for school purposes, the school board shall sell any school buildings thereon or move them to another site within 8 months after the school buildings cease to be used for school purposes or the site ceases to be maintained as a school district playground or park.
120.10(14)
(14) Legal proceedings. Direct and provide for the prosecution or defense of any action or proceedings in which the school district is interested.
120.10(15)
(15) Textbooks. Authorize the school board to furnish textbooks under conditions prescribed by the annual meeting or by the school board. The authorization shall continue in effect until revoked by a subsequent annual meeting.
120.10(16)
(16) School lunches. Direct the school board to furnish school lunches to the pupils of the school district and appropriate funds for that purpose.
120.10(19)
(19) Consolidation of high schools. In a union high school district, vote to consolidate schools or to discontinue a school where more than one high school is operated by the school district.
120.10 Annotation
Action may be instituted and maintained by board of directors of school district without specific approval of the district where management, control and conservation of school district property requires speedy application for process. Joint School Dist. No. 1 v. City of Chilton, 78 W (2d) 52, 253 NW (2d) 879.
120.10 Annotation
Power to convert elementary school to another educational use is not granted by s. 120.10 (5) and (12), 1977 stats.; board has this power under s. 120.13 (1), 1977 stats. State ex rel. Waldeck v. Goedken, 84 W (2d) 408, 267 NW (2d) 362 (1978).
120.10 Annotation
Sub. (10) authorizes tax levy for purposes of current or future capital expenditures even without corresponding, existing bonded indebtedness. Barth v. Monroe Board of Education, 108 W (2d) 511, 322 NW (2d) 694 (Ct. App. 1982).
120.10 Annotation
Nothing in (6) limits a district from paying for lease of buildings from general fund raised by levy of taxes for school operation under (8). Deick v. Unified School District of Antigo, 165 W (2d) 458, 477 NW (2d) 613 (1991).
120.10 Annotation
Common school district's authority under (12) to lease surplus property discussed. 67 Atty. Gen. 332.
120.11
120.11
School board meetings and reports. 120.11(1)
(1) The school board in a common or union high school district shall hold a regular meeting at least once each month at a time and place determined by the school board and may hold special school board meetings under
sub. (2). A majority of the school board members constitute a quorum at a regular or special school board meeting. The school district president shall preside at school board meetings. In the president's absence, the school district vice president shall preside or, in the case of a 3-member board, the school board may select another school board member to preside. The school district clerk shall record the minutes of school board meetings and, in his or her absence, the school board may select another school board member to act as the clerk of the meeting.
120.11(2)
(2) A special school board meeting shall be held upon the written request of any school board member. The request shall be filed with the school district clerk or, in the clerk's absence, the school district president who shall notify in writing each school board member of the time and place of the special school board meeting at least 24 hours before the meeting. The notice shall be delivered to each school board member personally or shall be left at the usual place of abode of the school board member or shall be mailed by 1st class mail to the usual place of abode of the school board member so as to arrive at least 24 hours before the special school board meeting. A special school board meeting may be held without prior notice, if all school board members are present and consent, or if every school board member consents in writing even though he or she does not attend.
120.11(3)
(3) Before the annual meeting, the school board shall meet to examine the accounts of the school district treasurer and to prepare a full, itemized written report which shall be presented and read at the annual meeting. The report shall state all receipts and expenditures of the school district since the last annual meeting, the current cash balance of the school district, the amount of the deficit and the bills payable of the school district, the amount necessary to be raised by taxation for the support of the schools of the school district for the ensuing year and the amount required to pay the interest and principal of any debt due during the ensuing year. The report also shall include the budget summary required under
s. 65.90. The school district clerk shall copy the report, with the action taken thereon, and all other proceedings of the annual meeting in full in the school district record book.
120.11(4)
(4) The proceedings of a school board meeting shall be published within 45 days after the meeting as a class 1 notice, under
ch. 985, in a newspaper published in the school district, if any, or publicized by school district-wide distribution prepared and directed by the school board and paid out of school funds. If there is no newspaper published in the school district, the proceedings shall be posted or published as the school board directs. For the purpose of publication, the proceedings shall include the substance of every official action taken by the school board at the meeting and a statement of receipts and expenditures in the aggregate. The school board shall make a detailed record of all receipts and expenditures available to the public for inspection at each school board meeting and upon request.
120.11 History
History: 1979 c. 141,
173;
1983 a. 27,
339.
120.115
120.115
Report on debt service. 120.115(1)(a)(a) Within 10 days after adopting a resolution that authorizes the school board to incur debt or that authorizes the common council of a 1st class city to incur debt on behalf of the school district operating under
ch. 119, the school board shall notify the department of the scheduled date of the referendum and submit a copy of the resolution to the department.
120.115(1)(b)
(b) Within 10 days after holding a referendum that would authorize the school district to incur debt or that would authorize the common council of a 1st class city to incur debt on behalf of the school district operating under
ch. 119, the school board shall notify the department of the approval or rejection of the referendum.
120.115(2)(a)(a) Within 10 days after adopting or revising a schedule for the payment of debt service, the school board shall submit the schedule to the department.
120.115(2)(b)
(b) Within 10 days after adopting or revising a schedule for the payment of debt service on debt issued on behalf of the school district operating under
ch. 119, the common council of a 1st class city shall submit the schedule to the department.
120.115(3)
(3) Monthly, the department shall submit to the department of administration and the legislative fiscal bureau a report that aggregates all debt service payment schedules submitted under
sub. (2).
120.115 History
History: 1997 a. 27,
237.
120.12
120.12
School board duties. The school board of a common or union high school district shall:
120.12(1)
(1) Management of school district. Subject to the authority vested in the annual meeting and to the authority and possession specifically given to other school district officers, have the possession, care, control and management of the property and affairs of the school district, except for property of the school district used for public library purposes under
s. 43.52.
120.12(2)
(2) General supervision. Visit and examine the schools of the school district, advise the school teachers and administrative staff regarding the instruction, government and progress of the pupils and exercise general supervision over such schools.
120.12(3)
(3) Tax for operation and maintenance. 120.12(3)(a)(a) On or before November 1, determine the amount necessary to be raised to operate and maintain the schools of the school district and public library facilities operated by the school district under
s. 43.52, if the annual meeting has not voted a tax sufficient for such purposes for the school year. On or before November 6, the school district clerk shall certify the appropriate amount so determined to each appropriate municipal clerk who shall assess the amount certified and enter it on the tax rolls as other school district taxes are assessed and entered.
120.12(3)(b)
(b) If a tax sufficient to operate and maintain the schools of a school district for the ensuing school year has not been determined, certified and levied prior to the effective date of school district reorganization under
ch. 117 affecting any territory of the school district, the school board of the affected school district shall determine, on or before the November 1 following the effective date of the reorganization, the amount of deficiency in operation and maintenance funds on the effective date of the reorganization which should have been paid by the property in the affected school district if the tax had been determined, certified and assessed prior to the effective date of the reorganization. On or before November 6, the school district clerk shall certify the appropriate amount to each appropriate municipal clerk who shall assess, enter and collect the amount as a special tax on the property. This paragraph does not affect the apportionment of assets and liabilities under
s. 66.03.
120.12(3)(c)
(c) If on or before November 1 the school board determines that the annual meeting has voted a tax greater than that needed to operate the schools of the school district for the school year, the school board may lower the tax voted by the annual meeting. On or before November 6, the school district clerk shall certify the appropriate amount so determined to each appropriate municipal clerk who shall assess the amount certified to him or her and enter it on the tax rolls in lieu of the amount previously reported.
120.12(3)(d)
(d) If on or before November 1 the school board determines that the annual meeting has voted a tax that would violate the limit under
subch. VII of ch. 121, the school board shall lower the tax to bring it into compliance with that limit.
120.12(4)
(4) Tax for debt retirement. On or before November 1, determine the amount necessary to meet any irrepealable tax obligations or other financial commitments of the school district not otherwise provided for. The school district clerk shall certify the amount apportioned to each appropriate municipal clerk who shall include the amount certified and enter it on the tax rolls as other school district taxes are assessed and entered.
120.12(5)
(5) Repair of school buildings. Keep the school buildings and grounds in good repair, suitably equipped and in safe and sanitary condition at all times. The school board shall establish an annual building maintenance schedule.
120.12(6)
(6) Insurance on school property. Keep the school buildings, equipment and other property amply insured. If there are no funds in the school district treasury sufficient to pay the premium, the school board may execute a note for that purpose.
120.12(7)
(7) Depository. Designate one or more public depositories in which the money belonging to the school district shall be deposited and specify whether the moneys shall be maintained in time deposits subject to the limitations of
s. 66.04 (2), demand deposits or savings deposits. When the money is so deposited in the name of the school district, the school district treasurer and bondsmen are not liable for any loss as defined in
s. 34.01 (2). The interest on such deposits shall be paid into the school district treasury.
