Chapter 120

120.18(1)(o) (o) The number of pupils enrolled in each school transferred to an opportunity schools and partnership program under subch. IX of ch. 115, as reported by the commissioner in the enrollment report submitted pursuant to s. 115.999 (4).

120.18(1)(s) (s) Such other facts and statistics in relation to the public, private or tribal schools, in the school district as the department requires.

120.18(3) (3) The state superintendent may promulgate rules to implement and administer this section.

120.18 History History: 1975 c. 189, 224; 1989 a. 31; 1993 a. 16; 1995 a. 27 s. 9145 (1); 1997 a. 27, 87; 2001 a. 16; 2003 a. 33; 2005 a. 252; 2009 a. 302; 2011 a. 10; 2015 a. 55.

120.20 120.20 School board members; compatible positions.

120.20(1) (1) A school board member may serve as a volunteer coach or a supervisor of an extracurricular activity if all of the following apply:

120.20(1)(a) (a) The school board member does not receive compensation for serving as a volunteer coach or supervisor.

120.20(1)(b) (b) The school board member agrees to abstain from voting on any issue that comes before the school board that substantially and directly concerns the activity that he or she coaches or supervises while he or she is serving as a volunteer coach or supervisor.

120.20(1)(c) (c) The school board receives the results of a criminal background investigation of the school board member conducted by the department of justice or the federal bureau of investigation.

120.20(1m) (1m) A school board member may serve as a volunteer school bus driver if all of the following apply:

120.20(1m)(a) (a) The school board member has received authorization to operate a school bus, as defined in s. 121.51 (4), from the department of transportation in the form of a school bus endorsement under s. 343.12.

120.20(1m)(b) (b) The school board member holds a valid commercial driver license, as defined in s. 340.01 (7m).

120.20(1m)(c) (c) The school board member does not receive compensation for serving as a volunteer school bus driver.

120.20(1m)(d) (d) The school board member agrees to abstain from voting on any issue that comes before the school board that substantially and directly concerns school bus drivers.

120.20(2) (2) 

120.20(2)(a) (a) Subsections (1) (b) and (1m) (d) may not be construed to require a school board member who is serving as a volunteer coach, supervisor, or school bus driver to abstain from voting on the school district’s annual budget.

120.20(2)(b) (b) Reimbursement for expenses incurred in connection with providing volunteer services is not considered compensation for purposes of sub. (1) (a) or (1m) (c). For a school board member serving as a volunteer school bus driver, any costs related to training for or renewing a commercial driver license or a school bus endorsement under s. 343.12 is considered an expense incurred in connection with providing the volunteer service.

120.20(3) (3) Notwithstanding s. 120.001, this section applies to members of a school board of a common, union high, or unified school district.

120.20 History History: 2015 a. 92; 2023 a. 26.

120.21 120.21 School board contracts for courses.

120.21(1) (1) 

120.21(1)(a) (a) The school board of a union high school district or a common school district operating elementary and high school grades may contract:

120.21(1)(a)1. 1. With the University of Wisconsin-Extension for extension courses for pupils enrolled in high school.

120.21(1)(a)2. 2. With flight operator schools, approved by the U.S. civil aeronautics administration, for courses in flight instruction approved by the state superintendent.

120.21(1)(b) (b) The cost of contracts under this subsection shall be paid out of the school district general fund.

120.21(3) (3) Any contract entered into by a school board that relates to providing online courses is open to public inspection and copying.

120.21 History History: 1985 a. 29; 1995 a. 27 s. 9145 (1); 1997 a. 27; 2001 a. 103; 2007 a. 222.

120.25 120.25 School board cooperation in acquiring school facilities.

120.25(1) (1) Two or more school boards may by written contract executed by all participants to the contract, own, construct, lease or otherwise acquire school facilities including real estate located within or outside the boundaries of any participating school district.

120.25(2) (2) School boards entering into a contract under this section may, without limitation because of enumeration:

120.25(2)(a) (a) Provide for acquisition, construction, operation and administration of a facility, and establish the functions, projects and services to be provided in the facility, including, without limitation because of enumeration, proration of all expenses involved, operational and fiscal management including deposit and disbursement of funds appropriated, designation of the municipal employer for purposes of compliance with s. 111.70, teacher retirement, worker’s compensation and unemployment insurance.

120.25(2)(b) (b) Purchase real estate and personal property, including a fractional or other interest in the real estate and personal property and enter into leases for sites, building and equipment for a term not exceeding 50 years.

120.25(2)(c) (c) Issue municipal obligations subject to the procedures and limitations of ch. 67.

120.25(2)(d) (d) Provide the terms and conditions for accepting additional school districts as participants in the plan and for withdrawal from or termination of the contract including apportionment of assets and liabilities.

120.25(3) (3) A contract entered into under this section shall at all times be limited to a period of 50 years but may, by mutual written consent of all participants, be modified or extended beyond the initial term.

120.25(4) (4) A contract or any extension of the contract of over 5 years duration which includes a common or union high school district participant shall be approved by the annual or special school district meeting.

120.25(5) (5) Each school board shall adopt and maintain a written policy on contracting under this section.

120.25(6) (6) School boards entering into a contract under this section shall designate for each employee providing services under the contract either a school district entering into the contract or a cooperative educational service agency as the employer for purposes of compliance with s. 111.70, teacher’s retirement, worker’s compensation and unemployment insurance.

120.25 History History: 1999 a. 150 ss. 357, 632; 2005 a. 220.

subch. II of ch. 120 SUBCHAPTER II

UNIFIED SCHOOL DISTRICTS

120.40 120.40 Applicability. This subchapter applies to unified school districts.

120.40 History History: 1985 a. 225 s. 80; Stats. 1985 s. 120.40.

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).