Chapter TCS 1

TCS 1.05(1)(c)4. 4. A clear and concise statement of the reasons that the county, municipality or school district seeks relief as permitted under sub. (1).

TCS 1.05(1)(c)5. 5. The signature of an official of the governing body of a county, municipality or school district. The signature of the official shall constitute a certification that the governing body of the county, municipality or school district has authorized the filing of the petition.

TCS 1.05(2) (2) Notice of commencement of proceedings. Upon receipt of the petition the director shall:

TCS 1.05(2)(a) (a) Publish a notice in the newspaper selected by each affected district for the publication of proceedings under s. 38.12 (4), Stats., informing the citizens of the affected districts of the institution of the reorganization proceedings, the relief requested by the petitioning county, municipality or school district, the existence of the public comment period established under sub. (4), and the address to which comments should be sent. If no newspaper is published in an affected district and an alternative method for publicizing proceedings under s. 38.12 (4), Stats., has been adopted by the affected district, the board shall use a similar method to provide the notice required by this paragraph. All notices under this paragraph are class 1 notices under ch. 985, Stats., except that they shall be 8-point type or larger.

TCS 1.05(2)(b) (b) By certified mail, return receipt requested, notify the district director and district board chairperson of each affected district of the boundary reorganization request and provide them with a copy of the petition along with a notice requiring each affected district to comment as provided in sub. (4).

TCS 1.05(3) (3) Studies and investigations. The board may conduct, or cause to be conducted, such studies and investigations as it deems necessary.

TCS 1.05(4) (4) Comment period. A 45 day public comment period, commencing on the date of publication of the notice under sub. (2) (a), shall be established for each reorganization proceeding commenced by petition. During this period each affected district shall comment on all of the following:

TCS 1.05(4)(a) (a) The estimated fiscal effect of the proposed reorganization upon the district.

TCS 1.05(4)(b) (b) The impact of the proposed reorganization upon the educational needs of students enrolled in the district.

TCS 1.05(4)(c) (c) Any other information the affected district desires to bring to the attention of the board.

TCS 1.05(5) (5) Public hearing.

TCS 1.05(5)(a) (a) The board shall hold a public hearing following expiration of the public comment period, but in no case more than 90 days after receipt of the petition.

TCS 1.05(5)(b) (b) At least 14 days prior to the date scheduled for the hearing, the board shall:

TCS 1.05(5)(b)1. 1. Publish a notice of hearing and a summary of the petition in the same manner as the notice of commencement of proceedings under sub. (2) (a).

TCS 1.05(5)(b)2. 2. By certified mail, return receipt requested, provide a copy of the notice to the district director and district board chairperson of each affected district.

TCS 1.05(5)(c) (c) At the hearing, and prior to taking the testimony, the board shall summarize the comments obtained from the public and the affected districts during the public comment period.

TCS 1.05(5)(d) (d) The hearing shall be recorded either stenographically or electronically.

TCS 1.05(6) (6) Board action. Within 90 days of receipt of the petition, the board shall approve or disapprove the petition and issue a reorganization order under s. TCS 1.06 after considering all of the following:

TCS 1.05(6)(a) (a) The estimated fiscal effect of the petitioned reorganization upon the affected districts, including the effect of the apportionment of assets and liabilities.

TCS 1.05(6)(b) (b) The educational needs of students enrolled in the affected districts and the impact of the petitioned reorganization upon those needs.

TCS 1.05(6)(c) (c) The information obtained from the public hearing and any studies and investigations, the comments from the affected districts and citizens of the affected districts, and any other information the board receives which it determines to be relevant to its decision.

TCS 1.05 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (6) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

TCS 1.06 TCS 1.06 District reorganization orders.

TCS 1.06(1) (1) Each reorganization order issued under s. TCS 1.04 (3) or 1.05 (6) shall be served by certified mail, return receipt requested, upon the districts affected by the order, and, in the case of a reorganization proceeding initiated by petition, upon the petitioning county, municipality or school district, and shall contain:

TCS 1.06(1)(a) (a) A statement of the facts relating to the reorganization.

TCS 1.06(1)(b) (b) A decision including a statement of the reasons supporting or denying the reorganization.

TCS 1.06(1)(c) (c) A description of the territory attached to or detached from any district affected by the order.

TCS 1.06(1)(d) (d) A statement of the affected district boards’ obligations under s. 66.0235, Stats., concerning the adjustment of assets and liabilities as a result of the order.

TCS 1.06(2) (2) All district reorganization orders shall take effect on the July 1 next succeeding the date of such order, provided, however, that a reorganization order issued after January 1 of any year shall not take effect until July 1 of the following year.

TCS 1.06 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; correction in (1) (d) made under s. 13.93 (2m) (b) 7., Stats., Register July 2002 No. 559.