117.12 History
History: 1989 a. 114,
287.
117.12 Annotation
Sub. (1) allows the detachment of “island" parcels from school districts that adjoin. A detached parcel need not adjoin the school district to which it is attached. Stockbridge School Dist. v. DPI,
202 Wis. 2d 214,
550 N.W.2d 96 (1996),
94-1867.
117.13
117.13
Detachment and attachment of small territory initiated by school boards. 117.13(1)
(1)
Application. This section applies to the detachment of territory from one school district and its attachment to an adjoining school district if all of the following apply:
117.13(1)(a)
(a) The assessed value of the territory proposed to be detached from one school district and attached to an adjoining school district, divided by the assessment ratio of the taxation district, is less than 7 percent of the equalized valuation of the school district from which the territory is proposed to be detached.
117.13(1)(b)
(b) Less than 7 percent of the enrollment of the school district from which the territory is proposed to be detached resides in the territory proposed to be detached from that school district.
117.13(2)
(2) School board action. The school boards of 2 adjoining school districts may order territory detached from one of the school districts and attached to the other school district by the adoption, by each of the school boards, of a resolution ordering the detachment and attachment. The resolution shall include a description of the territory sufficiently accurate to determine its location in the school district in which it is located, as certified by the clerk of each city, village or town within which all or any part of the territory is located, and the number of pupils residing in that territory who, on the most recent of the preceding 3rd Friday of September or 2nd Friday of January, were enrolled in the school district from which the territory is proposed to be detached, as certified by the clerk of that school district. Prior to adopting a resolution under this subsection, the school board of each affected school district shall give the electors residing in and the owners of the territory notice of the proposed reorganization and an opportunity to meet with the school board to present reasons for or against the proposed reorganization. The school district clerk of each school board that adopts a resolution under this subsection shall, within 5 days after adopting the resolution, send a certified copy of the resolution to the school board of the other affected school district and file a certified copy of the resolution as provided under
s. 117.17 (2). If the school board of each of the affected school districts adopts a resolution ordering the detachment and attachment, the reorganization shall take effect on the first July 1 after the March 1 following the adoption of the resolutions, unless an appeal is filed under
sub. (3).
117.13(3)
(3) Appeal to panel. A majority of the electors residing in or the owners of 50 percent or more of the territory detached from one school district and attached to an adjoining school district under
sub. (2) may appeal the reorganization to an appeal panel by filing notice of appeal with the secretary of the board before the first March 15 following the adoption of the resolution under
sub. (2). The secretary of the board shall send a copy of the notice of appeal to the school board of each affected school district. If an appeal is filed under this subsection, the appeal panel shall issue an order detaching all or any part of the territory described in the resolution adopted under
sub. (2) from the school district in which it is located and attaching it to the adjoining school district, or denying the reorganization. The order shall be issued before the June 15 following the filing of the notice of appeal. The order shall be in writing, shall include a statement of reasons for the order and shall be filed as provided under
s. 117.17 (2). If the appeal panel affirms the school boards' order, the reorganization shall take effect on the following July 1.
117.13 History
History: 1989 a. 114.
117.132
117.132
Territory annexed to certain municipalities. 117.132(1)(1)
Application. This section applies to the proposed attachment to a school district of territory that is located wholly in a county with a population of more than 325,000 and less than 500,000.
117.132(1m)(b)
(b) “Less than 50 percent of the land in the annexed territory is developed" means that on the date of annexation, less than 50 percent of the land in the annexed territory, as measured by geographic area, is occupied by permanent improvements, including buildings, streets, sidewalks, parking lots, driveways, sewers or utilities, or is incidental to such improvements.
117.132(1m)(c)
(c) “Municipality" means any city or village any portion of which is located in a county that has a population of more than 325,000 and less than 500,000.
117.132(1m)(d)
(d) “Municipal school district" means a school district whose territory includes more than 50 percent of the territory of a municipality, as measured by geographic area.
117.132(2)(a)(a) If territory is annexed to a municipality, the territory is not included in the municipal school district and less than 50 percent of the land in the annexed territory is developed, the school board of the municipal school district may adopt a resolution requesting the school board of the school district in which the annexed territory is located to meet with it to discuss the detachment of the annexed territory from the school district in which it is located and its attachment to the municipal school district. The resolution shall include a description of the territory sufficiently accurate to determine its location in the school district in which it is located, as certified by the clerk of the annexing municipality. The clerk of the municipal school district shall send a certified copy of the resolution to the school board of the school district in which the annexed territory is located, to all owners of territory located in the annexed territory and to the secretary of the board.
117.132(2)(b)
(b) If territory is annexed to a municipality and the territory is not included in the municipal school district, the owners of more than 50 percent of the annexed territory, as measured by its assessed valuation divided by the assessment ratio of the taxation district, may file a written petition with the clerk of the school district in which the territory is located requesting the detachment of the annexed territory from the school district in which it is located and its attachment to the municipal school district. The petition shall include a description of the territory sufficiently accurate to determine its location in the school district in which it is located, as certified by the clerk of the annexing municipality. Upon receipt of the petition, the school district clerk shall send a certified copy of the resolution to the school board of the municipal school district, to all owners of territory located in the annexed territory and to the secretary of the board.
117.132(3)
(3) School board action. In the first July beginning after the adoption of a resolution under
sub. (2) (a) or the receipt of a petition under
sub. (2) (b), the school boards of the affected school districts may order the territory detached from the school district in which it is located and attached to the municipal school district by the adoption, by each of the school boards, of a resolution ordering the detachment and attachment. Failure of a school board to adopt a resolution before August 1 either ordering or denying the detachment and attachment constitutes a denial of the reorganization by that school board. The school district clerk of each school board adopting a resolution under this subsection that orders or denies the reorganization shall, within 5 days after adopting the resolution, send a certified copy of the resolution to the school board of the other affected school district and to each of the owners of territory in the annexed territory and file a certified copy of the resolution as provided under
s. 117.17 (2). If the school board of each affected school district adopts a resolution under this subsection ordering the detachment and attachment, the reorganization shall take effect on the following July 1.
117.132(4)(a)(a) The board shall review a reorganization proposed under this section if one of the following occurs:
117.132(4)(a)1.
1. Less than 50 percent of the land in the annexed territory is developed, one of the school boards under
sub. (3) adopts a resolution ordering the reorganization, the other school board denies the reorganization and, before the following September 1, either of the school boards files a petition with the secretary of the board requesting board review of the proposed reorganization.
117.132(4)(a)2.
2. Before the September 1 following the granting or denying of the proposed reorganization under
sub. (3), the owners of more than 50 percent of the annexed territory, as measured by its assessed valuation divided by the assessment ratio of the taxation district, file a petition with the secretary of the board requesting board review of the proposed reorganization.
117.132(4)(b)
(b) If a petition requesting review is filed under
par. (a) 1., the secretary of the board shall immediately notify the school board of the other affected school district and each of the owners of territory in the annexed territory. If a petition requesting review is filed under
par. (a) 2., the secretary of the board shall immediately notify the school board of each affected school district. Before the following January 15, the board shall issue an order either affirming the denial of the proposed reorganization or detaching all or part of the annexed territory described in the resolution or petition under
sub. (2) from the school district in which it is located and attaching it to the municipal school district. The board's order shall be in writing, shall include a statement of reasons for the order and shall be filed as provided under
s. 117.17 (2). If the board orders territory detached from the school district in which it is located and attached to the municipal school district, the reorganization shall take effect on the following July 1.
117.14
117.14
Appeal to court. 117.14(1)(1) Any person aggrieved by the denial of a consolidation under
s. 117.08 (2) or
117.09 (2), the granting of a detachment and attachment of territory under
s. 117.11 (3) or any order of the board or an appeal panel under this chapter may, within 30 days after copies of the order are filed with the secretary of the board under
s. 117.17 (2), appeal the order to a circuit court as follows:
117.14(1)(a)
(a) If the order is issued under
ss. 117.08,
117.09 or
117.10, the appeal shall be filed with the circuit court of any county in which any territory of any affected school district is located.
117.14(1)(b)
(b) If the order is issued under
ss. 117.105 to
117.132, the appeal shall be filed with the circuit court of any county in which any of the territory proposed to be detached from one school district and attached to, or included in, another school district is located or with the circuit court of any county in which any territory of the school district to which the territory is proposed to be attached, or the school district that is proposed to be created, is located.
117.14(1m)
(1m) Any person aggrieved by an order resolving a boundary dispute under
s. 117.35 (3) may, within 30 days after copies of the order are filed with the secretary of the board under
s. 117.17 (2), appeal the order to circuit court. The appeal shall be filed with the circuit court of any county in which any portion of the disputed territory is located.
117.14(2)
(2) A person appealing under this section shall serve a written notice of appeal stating specifically the grounds upon which the appeal is based on the secretary of the board and file the notice with the clerk of the circuit court.
117.15
117.15
Criteria for school district reorganizations. In making any decision under
ss. 117.08 to
117.132, a school board, the board and an appeal panel shall consider the following factors as they affect the educational welfare of all of the children residing in all of the affected school districts, and may consider other appropriate factors:
117.15(1)
(1) The geographical and topographical characteristics of the affected school districts, including the estimated travel time to and from school for pupils in the school districts.
117.15(2)
(2) The educational needs of all of the children residing in the affected school districts, the educational programs currently offered by each affected school district and the ability and commitment of each school district to meet those needs and continue to offer those educational programs.
117.15(2m)
(2m) If territory is proposed to be detached from one school district and attached to an adjoining school district or proposed to be included in a new school district under
s. 117.105, whether the proposed detachment will have any adverse effect on the program currently offered by the school district from which the territory is proposed to be detached, including both curricular and extracurricular aspects of that program.
117.15(3)
(3) The testimony of and written statements filed by the residents of the affected school districts.
117.15(4)
(4) The estimated fiscal effect of the proposed reorganization on the affected school districts, including the effect of the apportionment of assets and liabilities.
117.15(5)
(5) Whether the proposed reorganization will make any part of a school district's territory noncontiguous.
117.15(6)
(6) The socioeconomic level and racial composition of the pupils who reside or will reside in territory proposed to be detached from one school district and attached to an adjoining school district, in territory proposed to be included in a new school district under
s. 117.105 or in school districts proposed to be consolidated or in a school district proposed to be dissolved; the proportion of the pupils who reside in such territory who are children at risk, as defined under
s. 118.153 (1) (a); and the effect that the pupils described in this paragraph will have on the present and future socioeconomic level and racial composition of the affected school districts and on the proportion of the affected school districts' enrollments that will be children at risk.
117.15 History
History: 1989 a. 114,
287;
1997 a. 286.
117.15 Annotation
On review of a decision under this section, the only issues to be considered are whether the reorganization authority acted within its jurisdiction and whether the determination was arbitrary and capricious. While an authority is bound to consider all the factors enumerated in this section, it may consider information from other sources, including matters within its knowledge and expertise. School District of Waukesha v. School District Boundary Appeal Board,
201 Wis. 2d 109,
548 N.W.2d 122 (Ct. App. 1996),
95-0905.
117.17
117.17
Reorganization order. 117.17(1)(a)(a) Every order of school district reorganization under
s. 117.08,
117.09 or
117.105 that creates a new school district shall state the school districts which are dissolved or from which territory is detached to create the new school district, name the new school district, state the type of school district and the grades to be taught by the new school district pursuant to
s. 115.01 (2),
(3) and
(5), designate the number of school board members under
s. 120.01 or
120.41, designate the terms of initial members of the school board under
s. 120.02 (3) (a), designate the method of election of school board members under
s. 120.06 or
120.42, direct the election of school board members under
s. 120.06 or
120.42, insofar as applicable, designate the date of the first election of school board members, as provided under
s. 117.22 (2) (b), and fix the time and place for the first annual meeting of the new school district, if one is to be held. The secretary of the board shall give notice of the first annual meeting, if one is to be held, under
s. 120.08 (1) (c), and shall designate a person to act as temporary chairperson of the annual meeting until a chairperson is elected.
117.17(1)(b)
(b) Every order of school district reorganization under
s. 117.10 that dissolves a school district shall state the school district that is dissolved and describe the territory, assets and liabilities of the school district. Every order of school district reorganization issued under
s. 117.10 (4) shall describe the territory, assets and liabilities allocated to each other school district under that subsection.
117.17(1)(bm)
(bm) Every order of school district reorganization under
s. 117.105 shall describe the territory of the school districts from which territory is detached to create the new school district, state the school district created by the order and describe the territory of the school district created by the order.
117.17(1)(c)
(c) Every order of school district reorganization under
ss. 117.11 to
117.132 shall state the school districts from which any territory is detached and the school district to which any territory is attached and describe the territory.
117.17(1)(d)
(d) Every order of school district reorganization and every order under
s. 117.35 (3) shall state the date on which it is to take effect. The date shall be as specified under
ss. 117.08 to
117.132,
117.27 (1) and
117.35 (3). If an appeal is made to court under
s. 117.14, the court may stay enforcement under
s. 227.54 of the order if a showing is made that there is substantial probability that the party seeking review will prevail on the merits and will suffer irreparable harm if a stay is not granted.
117.17(2)
(2) Filing. A certified copy of any resolution or order granting, affirming or denying a reorganization or resolving a boundary dispute shall be filed, within 5 days after it is adopted or issued, with the secretary of the board. Upon receipt of the resolution or order, the secretary of the board shall immediately place on it the date upon which it was received. If the resolution or order affirms or grants a reorganization or resolves a boundary dispute, within 5 days after receipt of the resolution or order the secretary of the board shall send a certified copy of the resolution or order by certified mail to the following:
117.17(2)(a)
(a) Except as provided in
par. (b), the clerk of each city, village, town, or county, any part of which is contained within an affected school district, or any part of which is contained within an interested school district if the resolution or order resolves a boundary dispute.
117.17(2)(b)
(b) If the order is issued under
s. 117.12 or
117.13, the clerk of each city, village, or town in which any part of the territory is located, and the clerk of each county in which any part of an affected school district is located.
117.17(3)
(3) Presumption; validity of order. 117.17(3)(a)(a) A reorganization order or order resolving a boundary dispute shall be presumptive evidence of the facts recited therein and of the proceedings preliminary to the issuance of the order.
117.17(3)(b)
(b) The failure of any officer to perform a duty imposed upon him or her by this chapter does not affect the validity of a reorganization order or order resolving a boundary dispute otherwise lawfully made, but the officer is subject to
s. 946.12.
117.20
117.20
Referendum procedures. 117.20(1)(a)(a) Except as provided in
par. (b), if a referendum is required under
ss. 117.08 to
117.11, it shall be held on the Tuesday after the first Monday in November following receipt of the petition or adoption of the resolution under
s. 117.08 (3) (a),
117.09 (3) (a),
117.10 (3) (a) or
117.11 (4) (a). If a referendum is required under
s. 117.105, it shall be held on the Tuesday after the first Monday in the 2nd November following receipt of the petition or adoption of the resolution under
s. 117.105 (1).
117.20(1)(b)1.1. If the alternative timeline under
s. 117.08 (5) (a) is used and a referendum is required, it shall be held on the first Tuesday in April following receipt of the petition or adoption of the resolution under
s. 117.08 (3) (a).
117.20(1)(b)2.
2. If the alternative timeline under
s. 117.08 (5) (b) is used and a referendum is required, it shall be held on the 2nd Tuesday in September following receipt of the petition or adoption of the resolution under
s. 117.08 (3) (a).
117.20(2)
(2) The clerk of each affected school district shall publish notice, as required under
s. 8.55, in the territory of that school district. The procedures for school board elections under
s. 120.06 (9),
(11),
(13), and
(14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the elections commission under
ss. 5.64 (2) and
7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the commission a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.
117.22
117.22
School boards in new school districts. 117.22(1)(a)(a) If school districts are consolidated under
s. 117.08 or
117.09, the school boards of the consolidating school districts shall constitute the joint interim school board of the new school district.
117.22(1)(b)
(b) The joint interim school board under
par. (a) constitutes the school board of the new school district beginning on the following date:
117.22(1)(b)1.
1. If no referendum is required, on the 2nd Tuesday of September following the adoption of the resolution under
s. 117.08 (2) or
117.09 (2); except that if the alternative timeline under
s. 117.08 (5) (a) is used, on the 2nd Tuesday of February following the adoption of the resolution under
s. 117.08 (2); and if the alternative timeline under
s. 117.08 (5) (b) is used, on the 2nd Tuesday of July following the adoption of the resolution under
s. 117.08 (2).
117.22(1)(c)
(c) The joint interim school board shall constitute the school board of the new school district until a school board is elected and qualified under
sub. (2). The joint interim school board shall have all the powers and duties of a school board elected for the school district. Any action by the joint interim school board requires an affirmative vote of a majority of a quorum of the joint interim board.
117.22(2)(a)(a) In this subsection, “school district clerk" means:
117.22(2)(a)1.
1. The clerk of the affected school district that has the highest equalized valuation, if an order of reorganization is issued under
s. 117.08 or
117.105.
117.22(2)(a)2.
2. The clerk of the affected union high school district, if an order of reorganization is issued under
s. 117.09.
117.22(2)(b)
(b) An order of school district reorganization issued under
s. 117.08 or
117.09 shall designate the date of the first election of school board members, which shall be not later than 4 months after the effective date of the order, except as provided under
par. (cm).
117.22(2)(bm)
(bm) If an order of reorganization is issued under
s. 117.105, the first election of school board members shall be held at the spring election following the referendum under
s. 117.105 (3).
117.22(2)(cm)
(cm) No election under
par. (b) may be held after February 1 and before the date of the spring election, nor after September 1 and before the date of a general election held in the same year.
117.22(2)(d)
(d) At least 12 weeks prior to the date of the election, the school district clerk shall publish a type A notice of the school board election, under
s. 10.01 (2) (a). No later than 5 p.m. on the date 10 weeks prior to the election, any qualified elector of the school district created by the reorganization may file with the school district clerk a sworn declaration of candidacy for the school board and, if required, nomination papers, as provided under
s. 120.06 (6) (b). For purposes of this paragraph, a candidate who resides in the territory of the school district created pursuant to a reorganization under
s. 117.105 and is otherwise a qualified elector shall be considered a qualified elector for a school board election under
par. (bm). A candidate shall file an amended declaration with the school district clerk as provided in
s. 120.06 (6) (b) 5. Within 8 days after the first election in the newly created school district, the school district clerk shall notify the successful candidates of their election. On the 2nd Tuesday following the election, the clerk shall administer or receive the official oath and the newly elected members shall take office.
117.22(2)(e)
(e) If a primary election for the school board positions is required under
s. 120.06 (7) (b), it shall be held on the day which is 4 weeks before the election, except that if the school board election is held on the day of the general election, the primary shall be held on the day of the partisan primary, and if the school board election is held on the day of the spring election, the primary shall be held on the day of the spring primary. The school district clerk shall notify the clerk of each city, village or town, any part of which is contained within an affected school district, of the primary election. The school district clerk shall give the notices under
s. 120.06 (8) (c) on the Monday before the primary election, if one is held, and on the Monday before the school board election.
117.22(2)(f)
(f) Costs chargeable to the school district under
ss. 5.68 and
7.03 shall become a charge upon the new school district and the school board of the new school district shall pay all such costs.
117.22(3)
(3) Ineligibility. Any person elected to a school board in an election under
sub. (2) (bm) who is also a member of the school board of an affected school district is not eligible to serve as a member of the school board for the school district created by the reorganization unless the person resigns as a member of the school board of the affected school district prior to receiving the official oath of office under
sub. (2) (d).
117.25
117.25
Transfer of assets, liabilities and employees; agreements between consolidating school districts. 117.25(1)(1)
Consolidations. On the effective date of a consolidation of school districts under
s. 117.08 or
117.09, all of the following apply:
117.25(1)(a)
(a) The school districts that were consolidated cease to exist.
117.25(1)(b)
(b) Title to all property and the assets of the school districts under
par. (a) become vested in the new consolidated school district.
