Chapter 120

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) (1) 

120.42(1)(a) (a) Except as provided in pars. (b), (c), and (d), 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(1)(d) (d)

120.42(1)(d)1. 1. School board members in a unified school district that encompasses a city with a population greater than 75,000 but less than 100,000 and that encompasses at least 2 villages may by resolution provide for the election of members from election districts established pursuant to a representation plan under sub. (1m) by a plurality of the electors of each election district within the school district.

120.42(1)(d)2. 2. Notwithstanding subd. 1., school board members in a unified school district that, on July 14, 2015, encompasses a city with a population greater than 75,000 but less than 100,000 and that encompasses at least 2 villages shall be elected from election districts established pursuant to a representation plan under sub. (1m) by a plurality of the electors of each election district within the school district.

120.42(1m) (1m) 

120.42(1m)(a) (a) The school board of a school district under sub. (1) (d) 1. that provides, pursuant to a resolution, for the election of members from election districts and the school board of a school district under sub. (1) (d) 2. shall establish a representation plan for the election of school board members by election district. The school board shall comply with all of the following in establishing the representation plan under this paragraph:

120.42(1m)(a)1. 1. Provide for 9 election districts within the school district of substantially equal population.

120.42(1m)(a)2. 2. Ensure that, to the extent practicable, each election district described in subd. 1. is compact.

120.42(1m)(a)3. 3. Ensure that, to the extent practicable, the territory within each election district described in subd. 1. is contiguous.

120.42(1m)(a)4. 4. Ensure that, to the extent practicable, the boundaries of each election district described in subd. 1. and the boundaries of municipalities encompassed within the school district are congruent.

120.42(1m)(a)5. 5. Number the election districts and divide them into 3 classes such that one-third of the members of the school board shall be elected in each year.

120.42(1m)(b) (b) The school board shall adopt a district apportionment plan that apportions the territory of the school district into election districts pursuant to the representation plan as follows:

120.42(1m)(b)1. 1. Within 60 days after establishing the representation plan under par. (a).

120.42(1m)(b)2. 2. Within 60 days after the population count by census block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state and decennially thereafter.

120.42(1m)(c) (c) Upon adoption of the plan under par. (b), all of the following apply:

120.42(1m)(c)1. 1. Candidates for school board member shall file as candidate for an identified election district.

120.42(1m)(c)2. 2. Members of the school board shall reside in the election district within the school district from which they are elected.

120.42(1m)(d) (d) A district apportionment plan adopted under par. (b) after the spring election and before November 1 in any year shall be implemented at the spring election following adoption of the plan. A district apportionment plan adopted after November 1 in any year shall be implemented at the 2nd following spring election.

120.42(1m)(e) (e) Notwithstanding sub. (2), at the first election in which a district apportionment plan adopted under par. (b) is implemented, all of the following apply:

120.42(1m)(e)1. 1. The first class of election districts from which members of the school board are elected shall be elected to serve a term of one year.

120.42(1m)(e)2. 2. The 2nd class of election districts from which members of the school board are elected shall be elected to serve a term of 2 years.

120.42(1m)(e)3. 3. The 3rd class of election districts from which members of the school board are elected shall be elected to serve a term of 3 years.

120.42(1m)(e)4. 4. The incumbent members of the school board who hold office at the time of the first election shall cease to hold office at the time the members elected in that first election take office.

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 (1g) (a) or (1m).

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.

120.42 History History: 1975 c. 138, 200; 1977 c. 427; 1981 c. 20; 1983 a. 484; 1985 a. 225 ss. 85 to 87; Stats. 1985 s. 120.42; 1997 a. 286; 2015 a. 55, 63.

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. Dieck v. Unified School District, 165 Wis. 2d 458, 477 N.W.2d 613 (1991).

120.44 Annotation Section 66.185 [now s. 66.0137] does not prohibit providing health insurance benefits to persons not listed in the statute if authority is granted by other statutes. This section and ss. 120.12 and 120.13, 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, 00-0848.

120.44 Annotation School boards have the 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.

120.45 120.45 School board member; refusal of salary.

120.45(1) (1) In this section:

120.45(1)(a) (a) “Salary” means the annual salary for a school board member or the amount for each school board meeting the school board member actually attends.

120.45(1)(b) (b) “School board member” includes a school board member-elect.

120.45(2) (2) 

120.45(2)(a) (a)

120.45(2)(a)1. 1. Notwithstanding the provisions of s. 120.43 (3), a school board member may send written notification to the school district clerk and the school district treasurer that the school board member wishes to refuse to accept the salary that he or she is otherwise entitled to receive.

120.45(2)(a)2. 2.

120.45(2)(a)2.a. a. Except as provided in subd. 2. b., for the taxable year in which the school board member’s election is certified or the board member is appointed under s. 17.26, the school board member shall send the notification no later than the day on which the board member takes the official oath of office and before the board member performs any services in his or her capacity as a board member. The notification applies only to the taxable year in which the school board member’s election is certified.

120.45(2)(a)2.b. b. If the school board member’s current taxable year ends within 3 months of the day on which the board member’s election is certified or the board member is appointed to the board, the notification applies until the end of his or her next taxable year.

120.45(2)(a)3. 3. Except as provided in subd. 2., a school board member shall send the notification at least 30 days before the start of the school board member’s next taxable year and the notification applies only to that taxable year. A school board member may renew his or her refusal by sending a notification annually as provided in this subdivision.

120.45(2)(a)4. 4. A school board member may not rescind a notification sent under this paragraph.

120.45(2)(b) (b)

120.45(2)(b)1. 1. If a school district clerk and school district treasurer receive a notification under par. (a), the school district treasurer may not pay the school board member the salary that he or she is otherwise entitled to receive during the time period to which the notification applies, beginning with the first pay period that commences after the notification applies.

120.45(2)(b)2. 2. If a school board member’s notification no longer applies, the school district treasurer shall pay the school board member any salary that he or she is entitled to receive, beginning with the first pay period that commences after the expiration of the notification.

120.45 History History: 2017 a. 9.