120.16(6)
(6) Withdraw funds of the school district deposited in savings or time deposits by written transfer order in accordance with this subsection and
s. 66.0607. Written transfer orders may be executed only for the purpose of transferring deposits to an authorized deposit of the school district in the same or another authorized public depository. The transfer shall be made directly by the public depository from which the withdrawal is made. No transfer order is valid unless signed by the school district clerk and school district treasurer and countersigned by the school district president. In a school district having 5 or more school board members, another school board member may countersign transfer orders in lieu of the school district president. The school board may, by resolution, authorize the use of facsimile signatures as provided in
s. 66.0607 (3). A certified copy of the resolution shall be filed with the school district clerk and each public depository concerned.
120.17
120.17
School district clerk; duties. The school district clerk of a common or union high school district shall:
120.17(1)
(1) Report the name and post-office address of each officer of the school district, within 10 days after the election or appointment of the officer, to the clerk and treasurer of each municipality having territory within the school district.
120.17(2)
(2) Act as clerk and record the proceedings of annual and special meetings.
120.17(3)
(3) Enter in the record book provided by the school board the minutes of its meetings, orders, resolutions and other proceedings.
120.17(4)
(4) Enter in the record book copies of all the school district clerk's reports to the municipal clerks and the certificate of the proceedings of a meeting returned by a temporary school district clerk.
120.17(5)
(5) Draw orders on the school district treasurer as directed by an annual or special meeting or the school board and record all orders drawn on the school district treasurer.
120.17(7)
(7) Furnish each teacher with a copy of the contract between the teacher and the school board.
120.17(8)(a)(a) Annually on or before November 6, deliver to the clerk of each municipality having territory within the school district a certified statement showing that proportion of the amount of taxes voted and not before reported, and that proportion of the amount of tax to be collected in such year, if any, for the annual payment of any loan to be assessed on that part of the school district territory lying within the municipality. Such proportion shall be determined from the full values certified to the school district clerk under
s. 121.06 (2).
120.17(8)(bm)
(bm) If the equalized valuation of that part of a municipality lying within a school district is reduced due to the removal of property from the tax roll because the imposition of the property tax on that property is found unconstitutional, the school district clerk shall notify the supervisor of equalization. The supervisor of equalization shall reduce the equalized valuation by the full value of the property so removed and certify the resulting equalized valuation to the state superintendent and the school district clerk for use in computing the tax levy certifications under this subsection. Corrections may be made under this paragraph only for the valuations used by the department for the last 2 school years.
120.17(8)(c)
(c) If an order of school district reorganization under
ch. 117 is effective after January 1 and before July 1 of any year, the school district clerks of the school districts affected shall prepare the statement under
par. (a) based on the equalized valuation of the school districts as altered by the order and related to the equalized valuation of the year upon which the tax levy is required to be made. If the school district clerk has filed the statement prior to the effective date of the order, the clerk shall file a corrected certification which shall be accepted by the clerks of the municipalities affected and acted upon by them as provided in
par. (a). Failure of the school district clerk to file a corrected certification of the levy based on the equalized valuation of each of the municipalities or portions thereof within the school district shall be corrected by the school district clerk by an appropriate adjustment in the levy certified in the following year.
120.17(9)
(9) Within 5 days after receipt of notification from the school board of the name of a new school, notify the proper postmaster of the name and location of the school and the number of the school district. If a school is not located on a mail route, the school district clerk shall furnish the postmaster with the names of persons to whom the mail for the school may be delivered. The school board may rent a lock box at school district expense for each school not on a mail route. The school district clerk shall notify the postmaster of school vacations and shall direct what disposition shall be made of the school mail during vacations.
120.17(10)
(10) Have authority to administer the oath of office to school board members.
120.17 Annotation
Sub. (8) (b) applies only when equalized valuation decreases. 60 Atty. Gen. 251.
120.18
120.18
Annual school district report. 120.18(1)
(1) Annually at such time as the department prescribes but after the end of the school year and no later than September 1, the school district clerk of a common or union high school district shall file a verified annual school district report with the department, on forms supplied by the department. The school district clerk shall send a copy of the annual school district report to the school district administrator and shall notify the person in charge of each school in the school district that the reports are on file in the school district clerk's office. Accounting and financial information provided by the school district in the annual report shall be prepared from the system of accounts prescribed by the department. If the school district clerk neglects to make the annual report, the clerk shall be liable to the school district for the whole amount of money lost by the school district because of such neglect. The annual report shall contain:
120.18(1)(a)
(a) The school count, showing the numbers and ages of persons who are at least 4 years old but not yet 14 years old and who reside in a school district operating only elementary grades, showing the number and ages of persons between the ages of 14 and 20 residing in a union high school district and showing the number and ages of persons between the ages of 4 and 20 residing in any other school district. Children cared for at a charitable or penal institution of this state may not be included in the report. The school district clerk may employ a competent person to take the school count. The count may be determined by using any of the following methods:
120.18(1)(a)1.
1. Conducting a school census on the preceding June 30.
120.18(1)(a)2.
2. Adding the number of persons under this paragraph who were residents of the school district and were enrolled in the school district on the 3rd Friday of September of the previous school year; plus the number of persons under this paragraph who were residents of the school district and who were enrolled in private schools, home-based private educational programs or other school districts on the 3rd Friday of September of the previous school year; plus the number or an estimate of the number of those persons under this paragraph who were residents of the school district and not enrolled in the school district, private schools, home-based private educational programs or other school districts on the 3rd Friday of September of the previous school year.
120.18(1)(b)
(b) The number of children between the ages of 4 and 20 taught in the schools of the school district during the school year.
120.18(1)(c)
(c) The number of children attending the schools of the school district during the school year under the age of 4 and over the age of 20 years.
120.18(1)(d)
(d) The number of school days taught, including holidays, by teachers legally qualified to teach.
120.18(1)(e)
(e) The names of all teachers employed by the school district during the school year; the number of days taught by each, including holidays; the monthly salary paid to each; and the time allowed each teacher for attendance at an educational convention for which no wages were deducted.
120.18(1)(f)
(f) The amount of money received during the school year, designating separately the amount received from the school fund income, from taxes levied by the county board, from taxes voted by the school district and from all other sources and the manner in which such money was expended, showing separately the expenditure of school money received from the state.
120.18(1)(g)
(g) The amount and character of school district debts.
120.18(1)(gm)
(gm) Payroll and related benefit costs for all school district employees in the previous school year. Costs for represented employees shall be based upon the costs of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees and the school district and the representative have been required to submit final offers under
s. 111.70 (4) (cm) 6., increased costs limited to the lower of the school district's offer or the representative's offer shall be reflected in the report. The school district shall amend the annual report to reflect any change in such costs as a result of any award or settlement under
s. 111.70 (4) (cm) 6. between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under
ch. 442 certifying the school district audit.
120.18(1)(i)
(i) A description of the educational technology used by the school district, including the uses made of the technology, the cost of the technology and the number of persons using or served by the technology. In this paragraph, "educational technology" has the meaning given in
s. 44.70 (3).
120.18(1)(s)
(s) Such other facts and statistics in relation to the schools, public or private, in the school district as the department requires.
120.18(3)
(3) The state superintendent may promulgate rules to implement and administer this section.
120.21
120.21
School board contracts for courses. 120.21(1)
(1) The school board of a union high school district or a common school district operating elementary and high school grades may contract:
120.21(1)(a)
(a) With the University of Wisconsin-Extension for extension courses for pupils enrolled in high school.
120.21(1)(b)
(b) With flight operator schools, approved by the U.S. civil aeronautics administration, for courses in flight instruction approved by the state superintendent.
120.21(2)
(2) The cost of such contracts shall be paid out of the school district general fund.
120.25
120.25
School board cooperation in acquiring school facilities. 120.25(1)(1) Two or more school boards may by written contract executed by all participants to the contract, own, construct, lease or otherwise acquire school facilities including real estate located within or outside the boundaries of any participating school district.
120.25(2)
(2) School boards entering into a contract under this section may, without limitation because of enumeration:
120.25(2)(a)
(a) Provide for acquisition, construction, operation and administration of a facility, and establish the functions, projects and services to be provided in the facility, including, without limitation because of enumeration, proration of all expenses involved, operational and fiscal management including deposit and disbursement of funds appropriated, designation of the municipal employer for purposes of compliance with
s. 111.70, teacher retirement, worker's compensation and unemployment insurance.
120.25(2)(b)
(b) Purchase real estate and personal property, including a fractional or other interest in the real estate and personal property and enter into leases for sites, building and equipment for a term not exceeding 50 years.
120.25(2)(c)
(c) Issue municipal obligations subject to the procedures and limitations of
ch. 67.
120.25(2)(d)
(d) Provide the terms and conditions for accepting additional school districts as participants in the plan and for withdrawal from or termination of the contract including apportionment of assets and liabilities.
120.25(3)
(3) A contract entered into under this section shall at all times be limited to a period of 50 years but may, by mutual written consent of all participants, be modified or extended beyond the initial term.
120.25(4)
(4) A contract or any extension of the contract of over 5 years duration which includes a common or union high school district participant shall be approved by the annual or special school district meeting.
120.25(5)
(5) At least 30 days prior to entering into a contract under this section or a modification or extension of the contract, the school boards of the districts involved or their designated agent shall file the proposed agreement with the state superintendent to enable the state superintendent or state superintendent's designee to assist and advise the school boards involved in regard to the applicable recognized accounting procedure for the administration of the school aid programs. The state superintendent shall review the terms of the proposed contract to ensure that each participating district's interests are protected.
120.25(6)
(6) School boards entering into a contract under this section shall designate for each employee providing services under the contract either a school district entering into the contract or a cooperative educational service agency as the employer for purposes of compliance with
s. 111.70, teacher's retirement, worker's compensation and unemployment insurance.
120.25 History
History: 1999 a. 150 ss.
357,
632.
UNIFIED SCHOOL DISTRICTS
120.40
120.40
Applicability. This subchapter applies to unified school districts.
120.40 History
History: 1985 a. 225 s.
80; Stats. 1985 s. 120.40.
120.41
120.41
Composition of school board. 120.41(1)
(1) A school board of a unified school district may have 5, 7 or 9 members.
120.41(2)
(2) The number of school board members may be changed in accordance with
s. 120.02 (1). A plan of apportionment of school board members may be adopted in accordance with
s. 120.02 (2).
120.41 History
History: 1981 c. 20;
1985 a. 225 s.
84; Stats. 1985 s. 120.41.
120.42
120.42
Election of school board members. 120.42(1)(a)(a) Except as provided in
pars. (b) and
(c), school board members in a unified school district shall be electors of the school district and shall be elected at large, at large to numbered seats or at large to an apportioned election district area by a plurality vote of the electors of the school district. School board members in a unified school district shall be elected under
s. 120.06 at the spring election. All candidates for school board seats shall file a declaration of candidacy as provided in
s. 120.06 (6) (b).
120.42(1)(b)
(b) School board members in a unified school district that encompasses a city with a population greater than 150,000 but less than 500,000 shall be elected at large to numbered seats.
120.42(1)(c)
(c) School board members elected to a school board in an election under
s. 117.22 (2) (bm) shall reside in the territory of the school district created by the reorganization.
120.42(2)
(2) The regular terms of school board members shall be for 3 years. School board members elected for regular or unexpired terms shall take office, if they have taken and filed the official oath, on the 4th Monday in April. Elections to fill unexpired terms shall be held simultaneously with the elections for regular terms. In school districts electing members of the school board at large, the regular terms shall be filled by the appropriate number of candidates receiving the highest number of votes and the unexpired terms shall be filled by the appropriate number of candidates receiving the next highest number of votes.
120.42(3)
(3) All vacancies shall be filled by appointment, in accordance with
s. 17.26 (1).
120.42(4)
(4) If a school district votes, pursuant to
s. 120.02 (4) to adopt a plan requiring school board members to be elected to numbered seats, the school board shall, at its first meeting after the adoption of such plan, assign a number to each seat on the school board. Thereafter candidates for school board membership shall file as candidates for a particular numbered seat on the school board.
120.43
120.43
School board meetings. 120.43(1)
(1) Annually, on or within 30 days after the 4th Monday in April, the school board shall elect a school district president, vice president, clerk and treasurer from among its members and a school board secretary who need not be a member of the school board.
120.43(2)
(2) The school board shall meet at least once each month and at other times upon the call of the school district president or upon the filing of a request with the school district clerk signed by a majority of the school board members.
120.43(3)
(3) Each school board member may be paid an annual salary or an amount fixed by the school board for each school board meeting the member actually attends.
120.43(4)
(4) Proceedings of the school board shall be published in accordance with
s. 120.11 (4).
120.43 History
History: 1977 c. 418;
1979 c. 301;
1983 a. 27 s.
2202 (42);
1985 a. 225 ss.
89 to
91; Stats. 1985 s. 120.43.
120.44
120.44
School board powers and duties. 120.44(1)
(1) A unified school district is a body corporate with the power to sue and be sued, to levy and collect taxes, to acquire, hold and dispose of property and to do all other things reasonable for the performance of its functions in operating a system of public education.
120.44(2)
(2) The public schools of a unified school district shall be under the management, control and supervision of a school board. The school board shall have the powers and duties of the school board and annual meeting in a common school district. The officers of a unified school district have the powers and duties of the officers of a common school district. No annual meeting shall be held in a unified school district. The school board shall not, in the name of the school district, issue bonds or incur other indebtedness without approval of the electors of the school district in any instance where the school board of a common school district is not authorized to do so.
120.44 History
History: 1981 c. 20;
1981 c. 340 s.
8;
1983 a. 339;
1985 a. 225 ss.
83,
92,
93; Stats. 1985 s. 120.44;
1993 a. 437;
1995 a. 27.
120.44 Annotation
A school district did not incur indebtedness by entering into a lease-purchase agreement for a new school when the district, by electing not to appropriate funds for the following fiscal year's rental payment, had the option to terminate the agreement with no future payment obligation. Deick v. Unified School District of Antigo,
165 Wis. 2d 458,
477 N.W.2d 613 (1991).
120.44 Annotation
Section 66.185 [now sub. (5)] does not prohibit providing health insurance benefits to persons not listed in the statute if authority is granted by other statutes. Sections 120.12, 120.13, and 120.44, broadly construed as required by s. 118.001, grant broad powers, including that of providing insurance to persons not listed in this section. Pritchard v. Madison Metropolitan School District, 2001 WI App 62,
242 Wis. 2d 301,
625 N.W.2d 613.
120.44 Annotation
School boards have authority to enforce policies that mandate the manner, conditions, and content of police interviews with students on school premises during school hours.
81 Atty. Gen. 126.
