121.02(3)
(3) Prior to any finding that a school district is not in compliance with the standards under
sub. (1), the state superintendent shall, upon request of the school board or upon receipt of a petition signed by the maximum number of electors allowed for nomination papers of school district officers under
s. 8.10 (3) (i),
(km) or
(ks), conduct a public hearing in the school district. If the state superintendent, after the hearing, finds that the district is not in compliance with the standards, the state superintendent may develop with the school board a plan which describes methods of achieving compliance. The plan shall specify the time within which compliance shall be achieved. The state superintendent shall withhold up to 25% of state aid from any school district that fails to achieve compliance within the specified period.
121.02(4)
(4) Any school district which is completely surrounded by water may meet the requirements of this section by being in substantial compliance with the standards in
sub. (1). Annually by August 15, the school district shall submit to the state superintendent for approval a report describing the methods by which the school district intends to substantially comply with the standards. The state superintendent shall allow any such school district maximum flexibility in the school district's substantial compliance plans.
121.02(5)
(5) The state superintendent shall promulgate rules to implement and administer this section, including rules defining "regular instruction" for the purpose of
sub. (1) (L) 1. and
2.
121.02 History
History: 1973 c. 90,
115,
243,
333;
1975 c. 39,
198;
1977 c. 29,
178,
206,
418,
429,
447;
1979 c. 34,
221;
1985 a. 29,
228;
1987 a. 27,
399;
1989 a. 31,
285;
1991 a. 48,
269;
1993 a. 16,
339,
430,
450;
1995 a. 27 ss.
4036 to
4038,
9145 (1);
1997 a. 27,
113;
1999 a. 9;
2001 a. 16.
121.02 Cross-reference
Cross Reference: See also ch.
PI 8, Wis. adm. code.
121.05
121.05
Budget and membership report. 121.05(1)
(1) The school district clerk shall include, as part of the annual school district report under
s. 120.18, all of the following:
121.05(1)(a)
(a) The average of the number of pupils enrolled on the 3rd Friday of September and the 2nd Friday of January of the previous school year, including all of the following:
121.05(1)(a)1.
1. Pupils enrolled concurrently in the school district and in a special education program operated by a county children with disabilities education board and in facilities of the school district. This subdivision does not apply beginning on the effective date of a resolution adopted under
s. 115.817 (9) (c).
121.05(1)(a)2.
2. Pupils enrolled in home instruction or any other school district special education program.
121.05(1)(a)5.
5. Pupils attending a technical college under
s. 118.15 (1) (b) and pupils attending an institution of higher education or a technical college under
s. 118.55.
121.05(1)(a)6.
6. Pupils enrolled in a special education program operated by a county children with disabilities education board under contract with the school board. This subdivision applies beginning on the effective date of a resolution adopted under
s. 115.817 (9) (c).
121.05(1)(a)8.
8. Pupils enrolled in the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the school operated by the Wisconsin Center for the Blind and Visually Impaired under
subch. III of ch. 115 for whom the school district is paying tuition under
s. 115.53 (2) determined by multiplying the total number of periods in each day in which the pupils are enrolled in the local public school by the total number of days for which the pupils are enrolled in the local public school and dividing the product by 1,080.
121.05(1)(a)10.
10. Pupils attending a private school or agency under contract with the board under
s. 119.235.
121.05 Note
NOTE: Subd. 11. is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
121.05(1)(b)
(b) The number of teachers employed in the school district on the 3rd Friday of September of the previous school year.
121.05(1)(c)
(c) The estimated budget for the current school year which shall be based upon the uniform accounting system prescribed by the department.
121.05(1)(d)
(d) The number of pupils for whom contracts with private education services are entered into under
s. 120.13 (26).
121.05(3)
(3) If a school district is unable to hold school on either of the 2 dates specified in
sub. (1) (a), the state superintendent shall designate alternative membership counting dates.
121.05(4)
(4) The school board of a school district in which a foster or group home that is not exempt under
s. 70.11 is located may submit a report to the state superintendent. If the school board submits a report, it shall submit it by June 30. The report shall indicate, on a full-time equivalent basis, the number of pupils residing in such foster or group homes who were provided educational services by the school district during the current school year but were not included in the September or January membership count under
sub. (1) (a). The state superintendent shall adjust the school district's membership based on the report. The state superintendent shall make proportional adjustments to the memberships of the school districts in which the pupil was previously enrolled during that school year. The state superintendent shall obtain from such school districts the information necessary to make such adjustments. The state superintendent shall promulgate rules to implement and administer this subsection.
121.05 History
History: 1971 c. 125;
1973 c. 89;
1975 c. 224;
1977 c. 29,
418;
1979 c. 34,
221,
244;
1981 c. 20,
251;
1983 a. 27,
192,
509;
1985 a. 29,
218;
1985 a. 225 s.
100;
1987 a. 27,
399;
1989 a. 336;
1991 a. 39;
1993 a. 16,
395;
1995 a. 27 ss.
4040x,
4042,
9145 (1);
1995 a. 225;
1997 a. 27,
113,
164;
1999 a. 9,
83,
117;
2001 a. 57,
109; s. 13.93 (2) (c).
121.06
121.06
Determination and certification of equalized valuation. 121.06(1)(1) Annually on or before October 1, the full value of the taxable property in each part of each city, village and town in each school district shall be determined by the department of revenue according to its best judgment from all sources of information available to it and shall be certified by the department of revenue to the state superintendent.
121.06(2)
(2) The state superintendent shall certify to each school district clerk the appropriate full values certified to the state superintendent under
sub. (1).
121.06(3)
(3) For purposes of computing state aid under s.
121.08 equalized valuations calculated under sub.
(1) and certified under sub.
(2) shall exclude property taxed under s.
70.114, 1981 stats., s.
70.116, 1981 stats., s.
70.117, 1981 stats., or s.
70.175, 1981 stats.
121.06(4)
(4) For purposes of computing state aid under
s. 121.08, equalized valuations calculated under
sub. (1) and certified under
sub. (2) shall include the full value of property that is exempt under
s. 70.11 (39) and
(39m) as determined under
s. 79.095 (3).
121.07
121.07
General provisions; state aid computation. In this subchapter:
121.07(1)(a)(a) The membership of the school district in the previous school year and the shared cost for the previous school year shall be used in computing general aid. If a school district has a state trust fund loan as a result of
s. 24.61 (3) (c) 2., the school district's debt service costs shall be based upon current school year costs for the term of the loan and for one additional school year.
121.07(1)(b)
(b) If the school district valuation is increased or decreased due to an alteration in school district boundaries before the 3rd Friday in September, the estimated shared cost for the current school year and the estimated mill levy rate shall be based on the school district equalized valuation of the territory comprising the altered school district.
121.07(1)(c)
(c) If an order of school district reorganization under
ch. 117 is not effective due to litigation until after the 3rd Friday in September but takes effect before April 1 of the current school year, state aid for any affected school district for the first year of operation shall be computed after the order takes effect using calculations by the state superintendent of the number of pupils enrolled and teacher-pupil ratio for the territory in the affected school district, which shall be made as if the school district had been in existence on the 3rd Friday in September.
121.07(6)(a)(a) "Shared cost" is the sum of the net cost of the general fund and the net cost of the debt service fund, except that "shared cost" excludes any costs, including attorney fees, incurred by a school district as a result of its participation in a lawsuit commenced against the state, beginning with such costs incurred in the fiscal year in which the lawsuit is commenced, excludes any expenditures from a capital improvement fund created under
s. 120.135 and excludes the costs of transporting those transfer pupils for whom the school district operating under
ch. 119 does not receive intradistrict transfer aid under
s. 121.85 (6) as a result of
s. 121.85 (6) (am). In this paragraph, "net cost of the debt service fund" includes all of the following amounts:
121.07(6)(a)1.
1. If a school board makes an expenditure from a capital expansion fund created under
s. 120.10 (10m), an amount determined by dividing the expenditure by the number of years in which the school district levied a tax for the capital project. This subdivision applies for the number of years equal to the number of years in which the school district levied a tax for the capital project.
121.07(6)(a)2.
2. The annual cost of leasing a school or other school district facility if the lease provides for construction of the school or facility and the lease either provides that ownership of the school or facility transfers to the school district at the termination of the lease or provides an option for such a transfer.
121.07(6)(am)1.1. In calculating shared cost under
par. (a) for the purpose of computing state aid paid under
s. 121.08 in the 1997-98 to 2000-01 school years, if a school district's equalized valuation exceeds its tertiary guaranteed valuation, the department shall deduct an amount equal to the following percentages of the amount received by the school district under
s. 121.85 (6) (b) 3. in the 1995-96 school year that is in addition to the amount received by the school district under
s. 121.85 (6) (b) 2. in that school year:
121.07(6)(am)2.
2. The amount deducted under
subd. 1. may not exceed the amount by which the school district's shared cost, including the additional aid paid under
s. 121.85 (6) (b) 3. in the 1995-96 school year, exceeds the school district's secondary ceiling cost per member multiplied by its membership.
121.07(6)(b)
(b) The "primary ceiling cost per member" is $1,000.
121.07(6)(c)
(c) The "primary shared cost" is that portion of a district's shared cost which is less than or equal to the primary ceiling cost per member multiplied by its membership.
121.07(6)(d)
(d) The "secondary ceiling cost per member" in the 2001-02 school year and in each school year thereafter is an amount determined by dividing the state total shared cost in the previous school year by the state total membership in the previous school year and multiplying the result by 0.90.
121.07(6)(dg)
(dg) The "secondary shared cost" is that portion of a school district's shared cost which is greater than the primary ceiling cost per member multiplied by its membership and less than or equal to the secondary ceiling cost per member multiplied by its membership.
121.07(6)(dr)
(dr) The "tertiary shared cost" is that portion of a school district's shared cost which is greater than the secondary ceiling cost per member multiplied by its membership.
121.07(6)(e)1.1. For a school district created by a consolidation under
s. 117.08 or
117.09, in the school year in which the consolidation takes effect and in each of the subsequent 4 school years, the amounts under
pars. (b) and
(d) shall be multiplied by 1.1 and rounded to the next lowest dollar.
121.07(6)(e)2.
2. For a school district from which territory was detached to create a school district under
s. 117.105, in each of the 3 school years beginning on the July 1 following the effective date of the reorganization under
s. 117.105, the amounts under
pars. (b) and
(d) shall be multiplied by 1.05 and rounded to the next lower dollar.
121.07(7)
(7) Guaranteed valuation per member. 121.07(7)(a)(a) The "primary guaranteed valuation per member" is $1,930,000.
121.07(7)(b)
(b) The "secondary guaranteed valuation per member" is an amount, rounded to the next lower dollar, that, after subtraction of payments under
ss. 121.09 and
121.85 (6) (b) 2. and
3. and
(c), fully distributes an amount equal to the amount remaining in the appropriation under
s. 20.255 (2) (ac) plus $75,000,000 in the 1997-98 school year and $100,000,000 in the 1998-99 school year for payments under
ss. 121.08,
121.105,
121.85 (6) (a) and
(g) and
121.86.
121.07(7)(bm)
(bm) The "tertiary guaranteed valuation per member" is the amount rounded to the next lower dollar determined by dividing the equalized valuation of the state by the state total membership.
121.07(7)(c)
(c) For districts operating only high school grades, the amounts in
pars. (a) to
(bm) shall be multiplied by 3 and rounded to the next lower dollar.
121.07(7)(d)
(d) For districts operating only elementary grades, the amounts in
pars. (a) to
(bm) shall be multiplied by 1.5 and rounded to the next lower dollar.
121.07(7)(e)1.1. For a school district created by a consolidation under
s. 117.08 or
117.09, in the school year in which the consolidation takes effect and in each of the subsequent 4 school years, the amounts under
pars. (a) to
(bm) shall be multiplied by 1.1 and rounded to the next lower dollar.
121.07(7)(e)2.
2. For a school district from which territory was detached to create a school district under
s. 117.105, in each of the 3 school years beginning on the July 1 following the effective date of the reorganization under
s. 117.105, the amounts under
pars. (a) to
(bm) shall be multiplied by 1.05 and rounded to the next lower dollar.
121.07(8)
(8) Guaranteed valuation. A school district's primary, secondary and tertiary guaranteed valuations are determined by multiplying the amounts in
sub. (7) by the district's membership.
121.07(10)(b)
(b) The "primary required levy rate" is the primary shared cost divided by the primary guaranteed valuation.
121.07(10)(c)
(c) The "secondary required levy rate" is the secondary shared cost divided by the secondary guaranteed valuation.
121.07(10)(d)
(d) The "tertiary required levy rate" is the tertiary shared cost divided by the tertiary guaranteed valuation.
121.07 History
History: 1971 c. 125;
1973 c. 61,
90,
190,
333;
1975 c. 39;
1977 c. 29,
178,
418;
1979 c. 34,
221;
1981 c. 20,
317,
385;
1983 a. 27,
212;
1985 a. 29;
1987 a. 27;
1989 a. 31,
114,
309,
336,
359;
1991 a. 39,
269,
315;
1993 a. 16,
437;
1995 a. 27 ss.
4046m to
4064,
9145 (1);
1997 a. 27,
113,
286;
1999 a. 9,
17;
2001 a. 16,
109.
121.08
121.08
Payment of state aids; reductions. 121.08(1)
(1) The state shall pay to the school district the sum of the following amounts:
121.08(1)(a)
(a) The amount by which the primary guaranteed valuation exceeds the school district equalized valuation, multiplied by the primary required levy rate.
121.08(1)(b)
(b) The amount by which the secondary guaranteed valuation exceeds the school district equalized valuation multiplied by the secondary required levy rate.
121.08(1)(c)
(c) The amount by which the tertiary guaranteed valuation exceeds the school district equalized valuation multiplied by the tertiary required levy rate.
121.08(2)
(2) The aid computed under
sub. (1) shall be reduced by the sum of the amount by which the school district equalized valuation exceeds the secondary guaranteed valuation, multiplied by the secondary required levy rate, and the amount by which the school district equalized valuation exceeds the tertiary guaranteed valuation, multiplied by the tertiary required levy rate. In no case may the aid under this section be less than the amount under
sub. (1) (a).
121.08(3)
(3) The aid computed under
sub. (1) shall be reduced by the amount by which the aid that the school district is receiving under
sub. (1) as a result of the number of pupils reported as enrolled in the school district under
s. 121.05 (1) (a) 7. exceeds the amount paid by the school district for tuition for those pupils.
121.08(4)(a)(a) The amount of state aid that a school district is eligible to be paid from the appropriation under
s. 20.255 (2) (ac) shall be reduced by the amount determined as follows:
121.08(4)(a)2.
2. Divide the sum under
subd. 1. by the total amount of state aid that all school districts are eligible to be paid from the appropriation under
s. 20.255 (2) (ac), calculated as if the reduction under
par. (b) had not occurred.
121.08(4)(a)3.
3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriation under
s. 20.255 (2) (ac), calculated as if the reduction under
par. (b) had not occurred, by the quotient under
subd. 2.
121.08(4)(b)
(b) The amount of state aid that the school district operating under
ch. 119 is eligible to be paid from the appropriation under
s. 20.255 (2) (ac) shall also be reduced by 45% of the amounts paid under
s. 119.23 (4) and
(4m) in the current school year.
121.08(4)(d)
(d) The state superintendent shall ensure that the total amount of aid reduction under
pars. (a) and
(b) lapses to the general fund.
121.09
121.09
State aid adjustment; redetermination of assessment.
