Chapter 117

CHAPTER 117

SCHOOL DISTRICT REORGANIZATION

117.01   Applicability.

117.03   Definitions.

117.05   General provisions.

117.08   Consolidation of school districts.

117.09   Consolidation of union high and elementary school districts.

117.10   Dissolution of a school district.

117.105   Creation of a school district.

117.11   Detachment and attachment of large territory.

117.12   Detachment and attachment of small territory initiated by owner.

117.13   Detachment and attachment of small territory initiated by school boards.

117.132   Territory annexed to certain municipalities.

117.14   Appeal to court.

117.15   Criteria for school district reorganizations.

117.17   Reorganization order.

117.20   Referendum procedures.

117.22   School boards in new school districts.

117.25   Transfer of assets, liabilities and employees; agreements between consolidating school districts.

117.27   Change of district type.

117.30   Attachment upon failure to operate school.

117.35   School district boundary disputes.

Ch. 117 Cross-reference Cross-reference: See definitions in s. 115.001.

Ch. 117 Cross-reference Cross-reference: See also ch. PI 2, Wis. adm. code.

117.01 117.01 Applicability. This chapter does not apply to any school district reorganization affecting a school district operating under ch. 119.

117.01 History History: 1989 a. 114.

117.03 117.03 Definitions. In this chapter:

117.03(1) (1) “Affected school district” means the entire territory of any of the following school districts:

117.03(1)(a) (a) A school district from which any territory is detached or proposed to be detached.

117.03(1)(b) (b) A school district to which any territory is attached or proposed to be attached.

117.03(1)(c) (c) A school district that is consolidated with one or more other school districts or proposed to be consolidated with one or more other school districts.

117.03(1)(d) (d) A school district that is dissolved or proposed to be dissolved.

117.03(2) (2) “Appeal panel” means a panel appointed by the state superintendent under s. 117.05 (1).

117.03(3) (3) “Board” means the school district boundary appeal board.

117.03(3g) (3g) “Boundary dispute” means a dispute between 2 or more school districts concerning whether certain territory is located within a particular school district.

117.03(3m) (3m) “Enrollment” means the number of pupils enrolled, as provided under s. 121.05 (1) (a), on the most recent of the preceding 3rd Friday of September or 2nd Friday of January.

117.03(4) (4) “Equalized valuation” has the meaning given under s. 121.004 (2).

117.03(4m) (4m) “Interested school district” means a school district involved in a boundary dispute.

117.03(5) (5) “Reorganization” means the consolidation of 2 or more school districts, the dissolution of a school district, the detachment of territory from one school district and its attachment to an adjoining school district or the creation of a school district.

117.03 History History: 1989 a. 114; 1995 a. 27; 1997 a. 27; 1999 a. 18.

117.05 117.05 General provisions.

117.05(1) (1) Appeal panels. The state superintendent shall appoint 3 members of the board to hear appeals filed under ss. 117.12 (4) and 117.13 (3). No 2 members of the appeal panel may be board members from any of the following kinds of school districts: those with small enrollments, those with medium enrollments or those with large enrollments.

117.05(1m) (1m) Board and appeal panel meetings. The state superintendent shall set the time and place for meetings of the board under ss. 117.10, 117.105 (2m) and (4m), 117.12 (5) and 117.132 and for meetings of appeal panels under ss. 117.12 (4) and 117.13.

117.05(2) (2) Selection of board members for each review; board and school board voting requirements.

117.05(2)(a) (a) Board. The state superintendent shall appoint 7 members of the board to perform any review under ss. 117.10, 117.105 (2m) and (4m), 117.12 (5), and 117.132. The 7 members shall include the state superintendent or his or her designee on the board, 2 board members from school districts with small enrollments, 2 board members from school districts with medium enrollments, and 2 board members from school districts with large enrollments. Any action of the board under this chapter requires the affirmative vote of at least 4 of the 7 members appointed under this paragraph.

117.05(2)(b) (b) School board. Any action by a school board under this chapter requires the affirmative vote of a majority of its full authorized membership.

117.05(3) (3) Joint meetings and hearings. The school boards of the affected school districts may hold joint meetings or joint public hearings in any reorganization proceeding under this chapter.

117.05(4) (4) Limitations on proceedings.

117.05(4)(a) (a) Pending proceedings. A reorganization proceeding is pending from the date that a petition is filed under s. 117.105 (1) (a), 117.11 (2) or 117.12 (2) or a resolution is adopted under s. 117.08 (1), 117.09 (1), 117.10 (1), 117.105 (1) (b) or (4m), 117.13 (2) or 117.132 (2) until the date on which the latest of any of the following occurs:

117.05(4)(a)1. 1. An order granting the reorganization takes effect.

117.05(4)(a)2. 2. The reorganization is denied and, following the denial, any time period for requesting a referendum, requesting review by the board or making an appeal to an appeal panel, under ss. 117.08 to 117.132, has expired.

117.05(4)(b) (b) Limitation if proceeding is pending; state aid apportionment. While a reorganization is pending, as provided under par. (a) or under s. 117.01 (1) (d), 1987 stats.:

117.05(4)(b)1. 1. Any other reorganization proceeding commenced or order made that includes any territory included in the pending reorganization proceeding is void.

117.05(4)(b)2. 2. State aid shall be apportioned to the affected school districts as if the reorganization had not been initiated.

117.05(4)(c) (c) One-year limitation on consideration of transfers.

117.05(4)(c)1. 1. Except as provided under subd. 2., no petition for the detachment of territory from one school district and its attachment to an adjoining school district may be filed under s. 117.11 (2) or 117.12 (2) before the 2nd July 1 following the filing of a petition under s. 117.11 (2) or 117.12 (2) for any reorganization that includes any of the same territory.

117.05(4)(c)2. 2. The limitation under subd. 1. does not apply if the school board of each affected school district adopts a resolution waiving the limitation. If a school board denies a request for a waiver under this subdivision, the denial may not be appealed under this chapter.

117.05(4)(d) (d) Four-year limitation on consideration of creation of a school district.