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Presentation OVERVIEW. What are the reorganization options?How is a reorganization order generated?What is the role of the DPI, the SDBAB, the courts?What is the role of municipal and county officials?How is a reorganization order implemented?What is the role of the DOR?. . 2. Reorganization - State Law, Chapter 117.
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1. A collaborative presentation by the Department of Public Instruction and the Department of Revenue 1
2. Presentation OVERVIEW What are the reorganization options?
How is a reorganization order generated?
What is the role of the DPI, the SDBAB, the courts?
What is the role of municipal and county officials?
How is a reorganization order implemented?
What is the role of the DOR? 2 This presentation is primarily intended for county and municipal clerks and property listers but may also be of interest to school board members, school district officials, and the general public.
It will include general information about the law, how property gets reorganized from one school district to another, how an order of reorganization gets generated, and most importantly, how reorganization orders get handled by counties, municipalities, and the state. It is very important that reorganization orders, that result in the reassignment of property from one district to another for tax purposes, be done accurately and in a timely way.This presentation is primarily intended for county and municipal clerks and property listers but may also be of interest to school board members, school district officials, and the general public.
It will include general information about the law, how property gets reorganized from one school district to another, how an order of reorganization gets generated, and most importantly, how reorganization orders get handled by counties, municipalities, and the state. It is very important that reorganization orders, that result in the reassignment of property from one district to another for tax purposes, be done accurately and in a timely way.
3. Reorganization - State Law, Chapter 117 Reorganization means the consolidation of two 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. 3 Chapter 117 of the Wisconsin statutes contains the laws governing various types of school district reorganization. Reorganization can be everything from the detachment (for school tax purposes) of a single parcel of property to the creation of entirely new school districts.Chapter 117 of the Wisconsin statutes contains the laws governing various types of school district reorganization. Reorganization can be everything from the detachment (for school tax purposes) of a single parcel of property to the creation of entirely new school districts.
4. Reorganization - Methods Consolidation of Districts (117.08)
Consolidation of K-8 with UHS (117.09)
Dissolution of District (117.10)
Creation - New School District (117.105)
Detachment/Attachment of Territory
Large territory, owner initiated (117.11)
Small territory, owner initiated (117.12)
Small territory, board initiated (117.13)
Annexation (117.132)
Boundary Dispute (117.35)
4 There are four types of reorganization that involve whole districts, and five types that generally involve only small parcels of property or portions of districts.There are four types of reorganization that involve whole districts, and five types that generally involve only small parcels of property or portions of districts.
5. The School District Boundary Appeal Board 5 Before going through the various types of school district reorganization that could occur it is appropriate to discuss the role of the SDBAB. This group is established in statute to hear appeals of, or make decisions regarding, some aspects of school district reorganization.
Before going through the various types of school district reorganization that could occur it is appropriate to discuss the role of the SDBAB. This group is established in statute to hear appeals of, or make decisions regarding, some aspects of school district reorganization.
6. SDBAB Role School District Boundary Appeal Board
12 Members nominated by CESAs
4 Large, 4 medium, 4 small district reps.
6 Members + state superintendent review district creation, dissolution, annexation, or dispute resolution issues
3 Member panel hears appeals of small territory detachment issues
SDBAB secretary is a DPI employee 6
The SDBAB members are school board members nominated by their CESAs (regional education organizations). The DPI state superintendent appoints members from among those nominated and must ensure that there are four members each from small, medium, and large school districts.
The group is attached to and coordinated by the DPI.
An SDBAB board or panel may order a reorganization or deny a reorganization. Six members of the board two each from small, medium, and large districts, and the state superintendent or a representative, meet to review issues related to district creation, dissolution, annexation, or dispute resolution. A three-member panel one person each from small, medium, and large districts, hears appeals related to small territory reorganizations.
The secretary of the SDBAB is a DPI employee. That person oversees the receipt and mailing of district reorganization orders, coordinates and facilitates the SDBAB hearing process, coordinates the development of SDBAB decisions, and mails the SDBAB orders as required in law.
The SDBAB members are school board members nominated by their CESAs (regional education organizations). The DPI state superintendent appoints members from among those nominated and must ensure that there are four members each from small, medium, and large school districts.
The group is attached to and coordinated by the DPI.
An SDBAB board or panel may order a reorganization or deny a reorganization. Six members of the board two each from small, medium, and large districts, and the state superintendent or a representative, meet to review issues related to district creation, dissolution, annexation, or dispute resolution. A three-member panel one person each from small, medium, and large districts, hears appeals related to small territory reorganizations.
The secretary of the SDBAB is a DPI employee. That person oversees the receipt and mailing of district reorganization orders, coordinates and facilitates the SDBAB hearing process, coordinates the development of SDBAB decisions, and mails the SDBAB orders as required in law.
7. Detachment/attachment of district territory 7 Reorganizations brought about by consolidation, dissolution, and creation involve whole school districts. The other types of reorganization in the statutes generally involve only parts of school district territory, such as subdivisions, farmland, or individual lots. Small territory reorganizations are the most common. The DPI typically gets information on 20 to 40 petitions each year.
Requests for small territory reorganization are made for a variety of reasons. Property owners or residents, particularly those close to, or on the border between, districts, may wish their children to attend school in the neighboring district because it is closer to the home or the place where the parents work, shop or attend church, or because the parents believe it has a better educational program. Some people petition for detachment because they believe the property taxes would be lower in the neighboring district.
Reorganizations brought about by consolidation, dissolution, and creation involve whole school districts. The other types of reorganization in the statutes generally involve only parts of school district territory, such as subdivisions, farmland, or individual lots. Small territory reorganizations are the most common. The DPI typically gets information on 20 to 40 petitions each year.
Requests for small territory reorganization are made for a variety of reasons. Property owners or residents, particularly those close to, or on the border between, districts, may wish their children to attend school in the neighboring district because it is closer to the home or the place where the parents work, shop or attend church, or because the parents believe it has a better educational program. Some people petition for detachment because they believe the property taxes would be lower in the neighboring district.
8. Small Territory Detach from one district attach to adjoining district
Value < 7% of the districts equalized valuation and - territory has < 7% of district enrollment
Initiated by petition from majority of electors or owners of 50% of property value OR -
Initiated by agreement between school boards
8 A small territory has less than 7% of the district value and less than 7% of the enrollment. Typically a small territory detachment petition comes from a single property owner and relates to a single parcel of territory such as a residence or farm. Developers who own subdivisions, or groups of individuals in a neighborhood might also petition for detachment from their current school district and attachment to a neighboring district.
School boards may also initiate a territory detachment process. A small territory has less than 7% of the district value and less than 7% of the enrollment. Typically a small territory detachment petition comes from a single property owner and relates to a single parcel of territory such as a residence or farm. Developers who own subdivisions, or groups of individuals in a neighborhood might also petition for detachment from their current school district and attachment to a neighboring district.
School boards may also initiate a territory detachment process.
9. Small Territory - Owner Petition filed anytime by January 31
Petition must describe property
Municipal clerk must certify accuracy of property description
Districts must act in February
Petitioner meets with the board
Failure of district to act is denial
9 The small territory detachment process initiated by residents or property owners is in section 117.12 of the Wisconsin statutes. A person or group of people submitting a petition for detachment must include an accurate description of the property. The law requires the municipal clerk to certify the accuracy of the description. If the petitioner uses the model petition provided on the DPI website the clerk will also be asked to provide information regarding the current property value.
The petition is then filed with the school district where the property is currently attached. That district must forward a copy to the other district and the DPI.
The petition can be submitted anytime. However, since the only time during the year that a district can act on the petition is during February, the petition must get to the district by January 31 if the petitioner wants the requested detachment to be effective for the next school year. The law requires that the board provide the petitioner an opportunity to meet with the board to discuss reasons for the request. Generally school boards set up public hearings so that the community is also notified of the opportunity to speak for or against the proposed detachment.
If a school board fails to take action on a petition it is considered to be a denial.The small territory detachment process initiated by residents or property owners is in section 117.12 of the Wisconsin statutes. A person or group of people submitting a petition for detachment must include an accurate description of the property. The law requires the municipal clerk to certify the accuracy of the description. If the petitioner uses the model petition provided on the DPI website the clerk will also be asked to provide information regarding the current property value.
The petition is then filed with the school district where the property is currently attached. That district must forward a copy to the other district and the DPI.
The petition can be submitted anytime. However, since the only time during the year that a district can act on the petition is during February, the petition must get to the district by January 31 if the petitioner wants the requested detachment to be effective for the next school year. The law requires that the board provide the petitioner an opportunity to meet with the board to discuss reasons for the request. Generally school boards set up public hearings so that the community is also notified of the opportunity to speak for or against the proposed detachment.
If a school board fails to take action on a petition it is considered to be a denial.
10. Small Territory - Owner If both school boards approve :
DPI sends reorganization orders to county and municipal clerks within 5 days
Order may be appealed to circuit court
30 days from DPI mailing
If no appeal or court affirms order effective date is July 1
10 If both school boards agree to the detachment/attachment of the property in the petition the SDBAB secretary at the DPI will forward the resolutions or orders issued by the districts to the appropriate county and municipal clerks along with a cover page identifying the documents as an Order of School District Reorganization - notifying them of the need to modify their records. The orders may also be sent to property listers in counties that have such staff identified.
The law provides that the orders be sent from the DPI within 5 days of the day they are received from the districts.
Anyone who might oppose the reorganization may appeal the order to circuit court within 30 days of the DPI mailing.
The effective date for a small territory detachment/attachment is July 1. If both school boards agree to the detachment/attachment of the property in the petition the SDBAB secretary at the DPI will forward the resolutions or orders issued by the districts to the appropriate county and municipal clerks along with a cover page identifying the documents as an Order of School District Reorganization - notifying them of the need to modify their records. The orders may also be sent to property listers in counties that have such staff identified.
The law provides that the orders be sent from the DPI within 5 days of the day they are received from the districts.
Anyone who might oppose the reorganization may appeal the order to circuit court within 30 days of the DPI mailing.
The effective date for a small territory detachment/attachment is July 1.
11. Small Territory Both Districts Approve 11 This graphic shows the steps in the process if both school boards agree to the reorganization of the property.This graphic shows the steps in the process if both school boards agree to the reorganization of the property.
12. Small Territory Owner If petition is denied:
Petitioner may appeal to SDBAB 3-member panel by March 15
SDBAB holds public hearing
SDBAB issues order granting/denying appeal - by June 15
Appeal to circuit court 30 days after DPI mailing
Effective date July 1 unless appealed or overturned 12 In recent history it has been more common for the district where the property is located to deny the detachment than to approve it. If the request to detach is denied the petitioner has the option to appeal the denial to a three-member panel of the SDBAB.
If an appeal is filed by the March 15 deadline the SDBAB secretary at the DPI organizes a public hearing where the petitioner and representatives of both districts are invited to present testimony. The SDBAB panel evaluates the request and may either affirm the district denial, or overturn the denial, and by so doing, grant the detachment request. The panel might also grant part of the request, by detaching one 40 acre parcel, for example, but leaving the rest of a farm with the current district.
SDBAB decisions related to small territory detachments must be mailed before June 15. DPI staff write up the SDBAB decisions and mail the orders. Orders of the SDBAB that result in the detachment of some or all of the property identified in the petition will be mailed to municipal and county clerks.
Any SDBAB order may be appealed to circuit court within 30 days of the time it is mailed.
In recent history it has been more common for the district where the property is located to deny the detachment than to approve it. If the request to detach is denied the petitioner has the option to appeal the denial to a three-member panel of the SDBAB.
If an appeal is filed by the March 15 deadline the SDBAB secretary at the DPI organizes a public hearing where the petitioner and representatives of both districts are invited to present testimony. The SDBAB panel evaluates the request and may either affirm the district denial, or overturn the denial, and by so doing, grant the detachment request. The panel might also grant part of the request, by detaching one 40 acre parcel, for example, but leaving the rest of a farm with the current district.
SDBAB decisions related to small territory detachments must be mailed before June 15. DPI staff write up the SDBAB decisions and mail the orders. Orders of the SDBAB that result in the detachment of some or all of the property identified in the petition will be mailed to municipal and county clerks.
Any SDBAB order may be appealed to circuit court within 30 days of the time it is mailed.
13. Small Territory Districts Deny 13 This graphic shows the steps in the process of a small territory detachment if the request is denied by a district and appealed to the SDBAB.
A petitioner whose request is denied must wait at least two years before submitting another petition for detachment of the same territory.This graphic shows the steps in the process of a small territory detachment if the request is denied by a district and appealed to the SDBAB.
A petitioner whose request is denied must wait at least two years before submitting another petition for detachment of the same territory.
14. Small Territory - Board Initiated By resolution of both boards
Municipal clerk must certify description
Notice of proposal must go to owners and electors
Electors may appeal order to SDBAB
by March 15
SDBAB issues order before June 15
Effective date July 1 after the March following resolution
Appeal to circuit court 30 days
14 Section 117.13 of the statutes provides for school boards to take the initiative to detach and attach property without a request from the owner. They may do so when municipal boundaries change, or a new road is built that cuts off a small piece of property, or when it seems logical that property on the far end of a district, or property that is isolated by a geographical feature, like a river, lake, or tract of forest, or that is difficult to reach by road, would be better allocated to a neighboring district.
The accuracy of the property description must be certified by the municipal clerk. A notice of the proposal to detach and attach the territory must be sent by the districts to affected property owners or residents.
If both school boards approve the reorganization the DPI sends the orders with a cover page indicating an Order of School District reorganization to municipal and county clerks. Any citizen aggrieved by the order may ask for review by the three-member SDBAB panel by March 15.
If an appeal hearing is held the SDBAB order either upholding or overturning the districts reorganization order must be issued before June 15.
An SDBAB order may be appealed to circuit court within 30 days of the mailing from DPI.
This type of reorganization is less common seldom more than one or two in any year.Section 117.13 of the statutes provides for school boards to take the initiative to detach and attach property without a request from the owner. They may do so when municipal boundaries change, or a new road is built that cuts off a small piece of property, or when it seems logical that property on the far end of a district, or property that is isolated by a geographical feature, like a river, lake, or tract of forest, or that is difficult to reach by road, would be better allocated to a neighboring district.
The accuracy of the property description must be certified by the municipal clerk. A notice of the proposal to detach and attach the territory must be sent by the districts to affected property owners or residents.
If both school boards approve the reorganization the DPI sends the orders with a cover page indicating an Order of School District reorganization to municipal and county clerks. Any citizen aggrieved by the order may ask for review by the three-member SDBAB panel by March 15.
If an appeal hearing is held the SDBAB order either upholding or overturning the districts reorganization order must be issued before June 15.
An SDBAB order may be appealed to circuit court within 30 days of the mailing from DPI.
This type of reorganization is less common seldom more than one or two in any year.
15. Large Territory Value => 7% of the districts equalized valuation or - 7% or more of district enrollment
Petition by a majority of electors or owners of 50% value of territory anytime
Municipal clerk must certify accuracy of description
School boards resolutions approve or deny in July after receipt of petition.
15 The large territory detachment process is described in section 117.11 of the statutes. A large territory is property that is equal to or greater than 7% of the school districts equalized value or that includes 7% or more of the students enrolled in the district.
The process starts with a simple petition from a majority of people living on the property or the owner or owners of 50% or more of the property measured by equalized value requesting detachment of the property from the district where is and its attachment to a neighboring district.
The municipal clerk is involved from the beginning because the petitioners must include a clear description of the property and the municipal clerk must verify the accuracy of the description. If the petitioners use the DPI model form the clerk will also be asked to certify the value.
The petitioners then submit the petition to the school district. The law requires the school board to act on the petition in the first July after it is received. If a school board does not act it is considered to be a denial.
The large territory detachment process is described in section 117.11 of the statutes. A large territory is property that is equal to or greater than 7% of the school districts equalized value or that includes 7% or more of the students enrolled in the district.
The process starts with a simple petition from a majority of people living on the property or the owner or owners of 50% or more of the property measured by equalized value requesting detachment of the property from the district where is and its attachment to a neighboring district.
The municipal clerk is involved from the beginning because the petitioners must include a clear description of the property and the municipal clerk must verify the accuracy of the description. If the petitioners use the DPI model form the clerk will also be asked to certify the value.
The petitioners then submit the petition to the school district. The law requires the school board to act on the petition in the first July after it is received. If a school board does not act it is considered to be a denial.
16. Large Territory Approval by district may be appealed to Circuit Court
Referendum may be required November
If referendum passes in all districts reorganization order is written
Detachment/attachment order effective next July 1
Recent attempts - Hawkins and Fox Lake
16 If the districts approve the petition to detach the property any citizen who does not want the detachment to occur may appeal that action to circuit court.
The law does not require that a referendum be held but allows for one to be called, either by a school board or a petition from the residents.
If the referendum is held and passes the districts write up a reorganization order and that order is sent to municipal and county clerks by the DPI.
If the referendum fails the process ends and the citizens must wait two years to try again. There is no provision for an appeal to the SDBAB in this type of reorganization.
In recent years the residents of the Hawkins section of the former Ladysmith-Hawkins school district, and the residents of the Fox Lake area of the Waupun school district had submitted large territory detachment petitions. Neither were approved by the school board of the district where the territory was located - and both were defeated by referendum. The Hawkins territory has since been reorganized to be part of the Flambeau district through the small territory process that was previously described.If the districts approve the petition to detach the property any citizen who does not want the detachment to occur may appeal that action to circuit court.
The law does not require that a referendum be held but allows for one to be called, either by a school board or a petition from the residents.
If the referendum is held and passes the districts write up a reorganization order and that order is sent to municipal and county clerks by the DPI.
If the referendum fails the process ends and the citizens must wait two years to try again. There is no provision for an appeal to the SDBAB in this type of reorganization.
In recent years the residents of the Hawkins section of the former Ladysmith-Hawkins school district, and the residents of the Fox Lake area of the Waupun school district had submitted large territory detachment petitions. Neither were approved by the school board of the district where the territory was located - and both were defeated by referendum. The Hawkins territory has since been reorganized to be part of the Flambeau district through the small territory process that was previously described.
17. Large Territory Process 17 This flow chart shows the process of a large territory detachment in simplified steps.
Municipal clerks are involved in two ways in this process first by verifying the description of the property on the petition, then assigning the property to the proper school district if the petition is approved by the boards or by referendum.This flow chart shows the process of a large territory detachment in simplified steps.
Municipal clerks are involved in two ways in this process first by verifying the description of the property on the petition, then assigning the property to the proper school district if the petition is approved by the boards or by referendum.
18. Annexation Property annexed to a Dane county municipality may be annexed by the municipal school district.
Municipal clerk must certify property description
Boards agree to consider OR residents petition
Boards act the following July
SDBAB may review - by January 15
Effective date if approved next July 1 18 Section 117.132 of the statutes allows a municipal school district that is wholly contained in Dane county to request that certain territory that was annexed by a municipality may also be attached to the school district in that municipality.
The process can be initiated by the municipal school board requesting the other school board to meet for discussion, or by a petition filed by the owners of 50% or more of the territory.
In the first July following the resolution of the municipal school district or the citizen petition the boards may order the reorganization. The districts are required to notify each other, the owners of the property, and the DPI. The DPI will forward a reorganization order to the municipal and county clerk.
The seven-member SDBAB may be asked to review the proposal if one of the districts denies the reorganization or if a citizen petitions for review of the district order. The request for such a review must be submitted before September 1.
If the SDBAB is asked to review it must issue an order before January 15.
An order of the SDBAB may be appealed to circuit court within 30 days after the order is mailed from the DPI.
An annexation approved by the school boards or ordered by the SDBAB is effective the following July 1, unless stayed or overturned by the court.
Section 117.132 of the statutes allows a municipal school district that is wholly contained in Dane county to request that certain territory that was annexed by a municipality may also be attached to the school district in that municipality.
The process can be initiated by the municipal school board requesting the other school board to meet for discussion, or by a petition filed by the owners of 50% or more of the territory.
In the first July following the resolution of the municipal school district or the citizen petition the boards may order the reorganization. The districts are required to notify each other, the owners of the property, and the DPI. The DPI will forward a reorganization order to the municipal and county clerk.
The seven-member SDBAB may be asked to review the proposal if one of the districts denies the reorganization or if a citizen petitions for review of the district order. The request for such a review must be submitted before September 1.
If the SDBAB is asked to review it must issue an order before January 15.
An order of the SDBAB may be appealed to circuit court within 30 days after the order is mailed from the DPI.
An annexation approved by the school boards or ordered by the SDBAB is effective the following July 1, unless stayed or overturned by the court.
19. Boundary Dispute Boundary dispute between districts
Resolve by resolution of both boards - OR
Resolved by SDBAB
Notice of disputed territory mailed to residents
Location of territory certified by municipal clerks
SDBAB order may be appealed to court
Effective date is 1st or 2nd July 1 19 Section 117.35 of the statutes provides a process by which districts may settle boundary disputes.
The districts may resolve the dispute by resolution, or may ask the SDBAB to be involved.
The municipal clerk will be asked to certify the description of the territory in question.
An SDBAB order resolving a property dispute must be mailed to the districts as well as the municipal and county clerks. The SDBAB order may specify the following July 1, or the second following July 1, as the effective date for any reorganization of territory that is ordered.
This type of order, like any SDBAB order, could be appealed to circuit court.
Section 117.35 of the statutes provides a process by which districts may settle boundary disputes.
The districts may resolve the dispute by resolution, or may ask the SDBAB to be involved.
The municipal clerk will be asked to certify the description of the territory in question.
An SDBAB order resolving a property dispute must be mailed to the districts as well as the municipal and county clerks. The SDBAB order may specify the following July 1, or the second following July 1, as the effective date for any reorganization of territory that is ordered.
This type of order, like any SDBAB order, could be appealed to circuit court.
20. Whole-district reorganization 20 The law provides a number of reorganizations that affect whole school districts. These are consolidation, dissolution, and creation. These types of reorganization are far less common than small territory detachments but affect whole districts and communities if they do occur.The law provides a number of reorganizations that affect whole school districts. These are consolidation, dissolution, and creation. These types of reorganization are far less common than small territory detachments but affect whole districts and communities if they do occur.
21. Consolidation of Districts District resolution to consider consolidation
anytime
Resolution ordering consolidation must occur next July, December, or May (new)
All affected school boards must agree
Denial may be appealed to circuit court
Referendum may be held November, April, or September (new)
By order of district
By citizen petition
21 Section 117.08 of the law allows two or more districts to consolidate with each other to form a new school district. Consolidation is technically a two or three step process. First, the school boards have to adopt a resolution to consider consolidation. Second, the board of each affected district must pass a resolution ordering the consolidation.
This resolution may also direct a referendum on the issue, which will allow all the district residents to participate in the decision. If the districts do not direct a referendum, the citizens may petition for one to be held. A referendum, if required, would be the third step.
If a district considering consolidation fails to follow through to adopt a resolution ordering consolidation any citizen may appeal that decision to circuit court.
The step one resolutions allow the districts to identify a preferred timeline for the rest of the process. The affected districts can choose to adopt resolutions ordering consolidation in December, May, or July. If a referendum is required it will take place in April, September, or November depending on what month the consolidation resolution was adopted.
Section 117.08 of the law allows two or more districts to consolidate with each other to form a new school district. Consolidation is technically a two or three step process. First, the school boards have to adopt a resolution to consider consolidation. Second, the board of each affected district must pass a resolution ordering the consolidation.
This resolution may also direct a referendum on the issue, which will allow all the district residents to participate in the decision. If the districts do not direct a referendum, the citizens may petition for one to be held. A referendum, if required, would be the third step.
If a district considering consolidation fails to follow through to adopt a resolution ordering consolidation any citizen may appeal that decision to circuit court.
The step one resolutions allow the districts to identify a preferred timeline for the rest of the process. The affected districts can choose to adopt resolutions ordering consolidation in December, May, or July. If a referendum is required it will take place in April, September, or November depending on what month the consolidation resolution was adopted.
22. Consolidation of Districts Referendum must pass in all districts
Referendum results are binding
A new district (legal entity) is created
existing districts terminate
DPI sends order to municipal and county clerks
Effective date is 1st or 2nd July 1 22 Consolidation referendums, if required, must pass in all the affected districts in order for the consolidation to occur.
The referendum results are binding there is no appeal of the results to the SDBAB or the courts.
The effective date for the consolidation is either the first July 1, or the second July 1, after the date on which a referendum would be held depending on which timeline was initially chosen by the affected districts.
If a consolidation occurs the DPI will assign a new and unique district number to the new legal entity that is created.
The only role for the DPI specified in statute is to forward consolidation resolutions and orders sent by the districts to the clerks of each city, village, town, or county, any part of which is contained within an affected school district.Consolidation referendums, if required, must pass in all the affected districts in order for the consolidation to occur.
The referendum results are binding there is no appeal of the results to the SDBAB or the courts.
The effective date for the consolidation is either the first July 1, or the second July 1, after the date on which a referendum would be held depending on which timeline was initially chosen by the affected districts.
If a consolidation occurs the DPI will assign a new and unique district number to the new legal entity that is created.
The only role for the DPI specified in statute is to forward consolidation resolutions and orders sent by the districts to the clerks of each city, village, town, or county, any part of which is contained within an affected school district.
23. Consolidation of Districts 23 This is a simplified timeline of the process of consolidation.
If districts choose to issue the resolution ordering consolidation in December and a referendum is not required, or one is held in April and passes, the effective date for the consolidation is the second July 1 after the date for the referendum. This timeline gives the districts at least 18 months to plan.
If districts choose to issue the resolution ordering consolidation in May and a referendum is not required, or one is held in September and passes, the effective date for the consolidation is the July 1 after the date for the referendum. This timeline gives the districts at least 14 months to plan.
If districts choose to issue the resolution ordering consolidation in July and a referendum is not required, or one is held in November and passes, the effective date for the consolidation is the July 1 after the date for the referendum. This timeline gives the districts at least 11 months to plan.
This is a simplified timeline of the process of consolidation.
If districts choose to issue the resolution ordering consolidation in December and a referendum is not required, or one is held in April and passes, the effective date for the consolidation is the second July 1 after the date for the referendum. This timeline gives the districts at least 18 months to plan.
If districts choose to issue the resolution ordering consolidation in May and a referendum is not required, or one is held in September and passes, the effective date for the consolidation is the July 1 after the date for the referendum. This timeline gives the districts at least 14 months to plan.
If districts choose to issue the resolution ordering consolidation in July and a referendum is not required, or one is held in November and passes, the effective date for the consolidation is the July 1 after the date for the referendum. This timeline gives the districts at least 11 months to plan.
24. Recent Consolidations July 1, 2006 - Trevor and Wilmot K-8s became Trevor-Wilmot Consolidated.
July 1, 2009 Glidden and Park Falls became Chequamegon
July 1, 2010 Chetek and Weyerhaeuser became Chetek-Weyerhaeuser Area
24 There have been three consolidations since 2000.There have been three consolidations since 2000.
25. K-8/UHS Consolidation Resolution to consider
by UHS and any K-8 anytime
Resolution ordering consolidation by UHS and K-8(s) with 55% of value July
Denial may be appealed to circuit court
Referendum may be required - November
by order or petition
referendum must pass in UHS and a majority of K-8 districts
Consolidation creates new K-12 district 25 There is a separate law (s.117.09 of the statutes) that describes the process for the consolidation of a union high school (UHS) district with the underlying K-8 districts. The process is generally the same as for a regular consolidation . The first step is a resolution to consider consolidation, the second step is a resolution ordering consolidation, and the third step may be a referendum.
The differences are:
that there is only one timeline option not the three that are available for consolidations under s.117.08 of the statutes. A resolution ordering consolidation must be adopted in July, a referendum, if one is required, will happen in November, and the effective date is the following July 1.
that the referendum does not have to be approved in all the affected districts only in enough of the K-8 districts that constitute at least 55% of the overall area property value.
The consolidation of a UHS and its underlying K-8 districts results in the creation of a new K-12 district.
In the rare instance where a K-8 district has territory in two different UHS districts it may only consolidate with the UHS district where the majority of its territory is located.
The SDBAB may be asked to determine which K-8 the territory remaining after the majority of the district has consolidated with the UHS will be attached to and to review the apportionment of assets and liabilities of the split K-8 between the new consolidated district and the K-8 to which any remaining territory might be attached.
If the SDBAB is involved the DPI will organize and staff the SDBAB hearing process. Otherwise the only role for the DPI in this type of consolidation is to mail the orders to the county and municipal clerks.
There is a separate law (s.117.09 of the statutes) that describes the process for the consolidation of a union high school (UHS) district with the underlying K-8 districts. The process is generally the same as for a regular consolidation . The first step is a resolution to consider consolidation, the second step is a resolution ordering consolidation, and the third step may be a referendum.
The differences are:
that there is only one timeline option not the three that are available for consolidations under s.117.08 of the statutes. A resolution ordering consolidation must be adopted in July, a referendum, if one is required, will happen in November, and the effective date is the following July 1.
that the referendum does not have to be approved in all the affected districts only in enough of the K-8 districts that constitute at least 55% of the overall area property value.
The consolidation of a UHS and its underlying K-8 districts results in the creation of a new K-12 district.
In the rare instance where a K-8 district has territory in two different UHS districts it may only consolidate with the UHS district where the majority of its territory is located.
The SDBAB may be asked to determine which K-8 the territory remaining after the majority of the district has consolidated with the UHS will be attached to and to review the apportionment of assets and liabilities of the split K-8 between the new consolidated district and the K-8 to which any remaining territory might be attached.
If the SDBAB is involved the DPI will organize and staff the SDBAB hearing process. Otherwise the only role for the DPI in this type of consolidation is to mail the orders to the county and municipal clerks.
26. District Dissolution District resolution to consider dissolution
anytime
District resolution ordering dissolution
must occur the following July
Advisory referendum may be held
November
SDBAB reviews the dissolution
Public hearing will be held in the district
Input from public and surrounding districts
26 A school board may vote to dissolve its district under s.117.10 of the statutes. There is a two step process. First the board must adopt a resolution to consider dissolution this can be done at any time. The second step a resolution ordering the dissolution must be done in the July following the initial resolution or the dissolution does not proceed.
An advisory referendum may be held, either by order of the school board or by petition of the electors. If it is required it will be held in November.
Once a dissolution order is issued the future of the district is entirely determined by the seven-member SDBAB. The SDBAB may hold hearings and decide whether to affirm the dissolution or deny it. The citizens and district officials in the district, and those in neighboring districts, will be given the opportunity to provide testimony.
The SDBAB may take into consideration the results of the advisory referendum, or other actions, such as the passage of a funding referendum, but is not required to do so.
A school board may vote to dissolve its district under s.117.10 of the statutes. There is a two step process. First the board must adopt a resolution to consider dissolution this can be done at any time. The second step a resolution ordering the dissolution must be done in the July following the initial resolution or the dissolution does not proceed.
An advisory referendum may be held, either by order of the school board or by petition of the electors. If it is required it will be held in November.
Once a dissolution order is issued the future of the district is entirely determined by the seven-member SDBAB. The SDBAB may hold hearings and decide whether to affirm the dissolution or deny it. The citizens and district officials in the district, and those in neighboring districts, will be given the opportunity to provide testimony.
The SDBAB may take into consideration the results of the advisory referendum, or other actions, such as the passage of a funding referendum, but is not required to do so.
27. District Dissolution SDBAB affirms or denies dissolution by January 15
A dissolution order would include assigning the territory, students, assets, and liabilities to one or more neighboring districts.
If affirmed effective date is next July 1
DPI sends orders to municipal and county clerks
SDBAB order may be appealed to court 27 If the SDBAB agrees that the district should be dissolved it must also issue an order assigning the district territory, assets, and liabilities to one or more surrounding districts.
The DPI has a significant role in organizing the SDBAB hearing process, providing staff services to the SDBAB members, writing up the decision, and then sending the order to all the affected municipalities and counties.
If a dissolution were to occur it would require recoding of all the dissolved districts territory to the adjoining district or districts to which that territory might be assigned by the SDBAB.
The SDBAB order may be appealed to circuit court within 30 days of the DPI mailing.
Two districts, Florence and Wausaukee, have issued dissolution orders in recent years. In both cases the SDBAB overturned the dissolution, leaving the districts in place.
If the SDBAB agrees that the district should be dissolved it must also issue an order assigning the district territory, assets, and liabilities to one or more surrounding districts.
The DPI has a significant role in organizing the SDBAB hearing process, providing staff services to the SDBAB members, writing up the decision, and then sending the order to all the affected municipalities and counties.
If a dissolution were to occur it would require recoding of all the dissolved districts territory to the adjoining district or districts to which that territory might be assigned by the SDBAB.
The SDBAB order may be appealed to circuit court within 30 days of the DPI mailing.
Two districts, Florence and Wausaukee, have issued dissolution orders in recent years. In both cases the SDBAB overturned the dissolution, leaving the districts in place.
28. District Creation Initiated by school board resolution or elector petition before July 1
District(s) must hold public hearing
District(s) may agree on boundaries, assets, liabilities - by October 15 OR
SDBAB (7-member board) issues order by February 15
Citizen may appeal SDBAB order to Circuit Court
School boards affirm or deny creation
28 The law allows for a new school district to be created out of parts of one or more existing districts.
The process to create a district has multiple steps over two years.
The process can start by action of a school board or a citizen petition. A public hearing must be held.
The district or districts involved may identify the boundaries for the new district and determine how to apportion the assets and liabilities of the existing district or districts to the new district. If they do not do so by October 15 the SDBAB (six members plus the DPI superintendent) must issue an order doing so by February 15.
Any citizen may appeal that SDBAB order to Circuit Court.
The next step is for the school board or boards to adopt resolutions either ordering or denying the creation of the new district.The law allows for a new school district to be created out of parts of one or more existing districts.
The process to create a district has multiple steps over two years.
The process can start by action of a school board or a citizen petition. A public hearing must be held.
The district or districts involved may identify the boundaries for the new district and determine how to apportion the assets and liabilities of the existing district or districts to the new district. If they do not do so by October 15 the SDBAB (six members plus the DPI superintendent) must issue an order doing so by February 15.
Any citizen may appeal that SDBAB order to Circuit Court.
The next step is for the school board or boards to adopt resolutions either ordering or denying the creation of the new district.
29. District Creation SDBAB may review district decision based on elector petition
SDBAB must hold public hearing
SDBAB issues order denying or affirming district creation
Referendum may be required in territory of newly proposed district
District(s) issues order if referendum passes
New district created 1st or 2nd July 1
29 Citizens in the territory that is not to be in the new school district may petition for an SDBAB review of a district decision granting the creation of the new district. Citizens in any affected school district may petition for an SDBAB review of a district decision denying the creation of the new district.
If the district(s) and not the SDBAB identified boundaries and the asset/liability distribution, the SDBAB through negotiation with the districts may make modifications.
If the SDBAB issues modifications the district(s) may again adopt resolutions either granting or denying the creation.
The SDBAB must also issue an order granting or denying the creation but may not overturn a district decision except under very specific circumstances.
A referendum may be held in the territory proposed to be part of the new school district if the school board(s) or the SDBAB grant the creation of the new district.
A referendum may be held in the territory of all affected school districts if citizens in the affected districts submit a petition.
If the referendum passes the district(s) must issue an order creating the new district. That order can specify that the effective date is the next July 1, or the second following July 1.
If the SDBAB is required or requested to be involved in the district creation process the DPI would manage the SDBAB hearing process and assist in the development of any SDBAB orders then be responsible for sending those orders to local authorities.
One district - Gresham has been created under this law in the last decade. It was created on July 1, 2007 out of part of the former Shawano-Gresham school district.
Citizens in the territory that is not to be in the new school district may petition for an SDBAB review of a district decision granting the creation of the new district. Citizens in any affected school district may petition for an SDBAB review of a district decision denying the creation of the new district.
If the district(s) and not the SDBAB identified boundaries and the asset/liability distribution, the SDBAB through negotiation with the districts may make modifications.
If the SDBAB issues modifications the district(s) may again adopt resolutions either granting or denying the creation.
The SDBAB must also issue an order granting or denying the creation but may not overturn a district decision except under very specific circumstances.
A referendum may be held in the territory proposed to be part of the new school district if the school board(s) or the SDBAB grant the creation of the new district.
A referendum may be held in the territory of all affected school districts if citizens in the affected districts submit a petition.
If the referendum passes the district(s) must issue an order creating the new district. That order can specify that the effective date is the next July 1, or the second following July 1.
If the SDBAB is required or requested to be involved in the district creation process the DPI would manage the SDBAB hearing process and assist in the development of any SDBAB orders then be responsible for sending those orders to local authorities.
One district - Gresham has been created under this law in the last decade. It was created on July 1, 2007 out of part of the former Shawano-Gresham school district.
30. School District Reorganization DPI role 30 Any reorganization process starts with property owners or district residents, or the school boards. All reorganization resolutions or orders must then be sent to the DPI to the secretary of the SDBAB within 5 days of adoption. Any reorganization process starts with property owners or district residents, or the school boards. All reorganization resolutions or orders must then be sent to the DPI to the secretary of the SDBAB within 5 days of adoption.
31. Role of DPI Send any district-issued reorganization order to county and municipal clerks
within 5 days of receipt
certified copies by certified mail
Coordinate SDBAB appeal hearings
Send SDBAB orders of reorganization to county and municipal clerks
by the deadline in the law.
certified copies by certified mail
Maintain historical files
31 Copies of all petitions submitted by citizens must be mailed by the districts receiving them to the other affected district or districts and to the secretary of the SDBAB at the DPI. That person is then responsible for maintaining files of ongoing reorganization processes.
If district resolutions or orders direct any type of reorganization, whether small or large territory detachment, or a whole district action, the SDBAB secretary is required by law to forward that information within 5 days to the affected municipal and county clerks. The law requires that a certified copy be sent by certified mail.
A certified copy is one with an original signature. Since the original has to stay in the official file at the DPI a photocopy, with a note certifying it is a accurate copy of the original, is what gets sent.
In the case of a small territory detachment the order must go to the appropriate municipal clerk and the clerk of any county that contains any part of the affected school district(s). In the case of other detachments the mailings must go to the clerks of every municipality that contains any part of the affected school district or districts.
The law does not require mailing to property listers but the DPI is making an effort to get the information to those individuals if they are included in the list of county and municipal clerks obtained annually from the DOR.
If an appeal is made to the SDBAB, staff members at the DPI coordinate the hearing process, facilitate any hearings, and write up the orders based on consensus summary motions adopted by the SDBAB members. If the SDBAB grants a reorganization certified copies of the order are sent to county and municipal clerks by the deadline in the law.
The DPI also maintains historical records of school district reorganizations. Summary information in some school district files goes back to the late 1800s.Copies of all petitions submitted by citizens must be mailed by the districts receiving them to the other affected district or districts and to the secretary of the SDBAB at the DPI. That person is then responsible for maintaining files of ongoing reorganization processes.
If district resolutions or orders direct any type of reorganization, whether small or large territory detachment, or a whole district action, the SDBAB secretary is required by law to forward that information within 5 days to the affected municipal and county clerks. The law requires that a certified copy be sent by certified mail.
A certified copy is one with an original signature. Since the original has to stay in the official file at the DPI a photocopy, with a note certifying it is a accurate copy of the original, is what gets sent.
In the case of a small territory detachment the order must go to the appropriate municipal clerk and the clerk of any county that contains any part of the affected school district(s). In the case of other detachments the mailings must go to the clerks of every municipality that contains any part of the affected school district or districts.
The law does not require mailing to property listers but the DPI is making an effort to get the information to those individuals if they are included in the list of county and municipal clerks obtained annually from the DOR.
If an appeal is made to the SDBAB, staff members at the DPI coordinate the hearing process, facilitate any hearings, and write up the orders based on consensus summary motions adopted by the SDBAB members. If the SDBAB grants a reorganization certified copies of the order are sent to county and municipal clerks by the deadline in the law.
The DPI also maintains historical records of school district reorganizations. Summary information in some school district files goes back to the late 1800s.
32. School district reorganization - ROLE OF MUNICIPAL officials 32
33. Municipal Clerks Certify accuracy of property description in owner-initiated petition
Provide information regarding current property value in the description
Update Statement of Assessment
If statement has been filed amend with assessed value after the move
If not filed file with assessed value after the move
33 Municipal clerk to certify accuracy of property description in owner-initiated petition. The petitioner will bring the document to the municipal clerk. It is the responsibility of the petitioner to get the completed petition, with the clerks information, to the school districts school boards.
Municipal clerk to provide information regarding current property value in the description. Most petition forms will also include a place to provide information about the value of the property. This information is provided to the school districts school boards.
Municipal clerk to update Statement of Assessment. This information is provided to the Department of Revenue.
If the Statement of Assessment has already been filed with the Department of Revenue the municipal clerk must file an amended Statement of Assessment showing the assessed value of the school districts after the territory has been moved.
If the Statement of Assessment has not been filed with the Department of Revenue the municipal clerk must file the Statement of Assessment showing the assessed value of the school districts after the territory has been moved.
Municipal clerk to certify accuracy of property description in owner-initiated petition. The petitioner will bring the document to the municipal clerk. It is the responsibility of the petitioner to get the completed petition, with the clerks information, to the school districts school boards.
Municipal clerk to provide information regarding current property value in the description. Most petition forms will also include a place to provide information about the value of the property. This information is provided to the school districts school boards.
Municipal clerk to update Statement of Assessment. This information is provided to the Department of Revenue.
If the Statement of Assessment has already been filed with the Department of Revenue the municipal clerk must file an amended Statement of Assessment showing the assessed value of the school districts after the territory has been moved.
If the Statement of Assessment has not been filed with the Department of Revenue the municipal clerk must file the Statement of Assessment showing the assessed value of the school districts after the territory has been moved.
34. Municipal Clerk & Assessor and County Real Property Lister Update school district codes and names on:
property record card
property assessment roll
property tax roll
Statement of Assessment 34 Municipal clerk and municipal assessor and county real property lister to update school district codes and names on the property record card, property assessment roll, property tax roll and Statement of Assessments.
Updates apply to Real Estate parcels and to Personal Property accounts.
Update any property descriptions if an existing parcel is divided into more than one parcel. Assess the value of the new parcels.
Municipal clerk and municipal assessor and county real property lister to update school district codes and names on the property record card, property assessment roll, property tax roll and Statement of Assessments.
Updates apply to Real Estate parcels and to Personal Property accounts.
Update any property descriptions if an existing parcel is divided into more than one parcel. Assess the value of the new parcels.
35. Municipal Clerk & Assessor and County Real Property Lister Updating each real property and personal property account with the updated codes is extremely important
The Statement of Assessment must reflect values based on the updated school codes
If the original statement does NOT reflect property detachments an amended return must be filed
35 It is extremely important that each real property and personal property account be updated with the updated codes.
It is also critical that the Statement of Assessment must reflect values based on the updated school codes.
If the statement has already been filed before the school district reorganization order is received from the DPI an amended return must be submitted.It is extremely important that each real property and personal property account be updated with the updated codes.
It is also critical that the Statement of Assessment must reflect values based on the updated school codes.
If the statement has already been filed before the school district reorganization order is received from the DPI an amended return must be submitted.
36. County Real Property Lister File Statement of Assessment or amended Statement of Assessment
with Department of Revenue
electronically 36
37. Role of the Department of Revenue - DOR 37
38. Role of DOR Send memo of changes to:
DOA, DPI, DOT, DNR, LFB, Commerce, and Treasury.
Update school codes for affected manufacturing parcels
with assistance of local government
Use updated school district codes and names when preprinting the Statement of Assessment
38
39. Role of DOR Receive amended Statements of Assessment
Use updated Statement of Assessment to calculate Equalized Values for school districts
Mail an Annexation School District Boundary Inquiry (form # PC-228) after being informed of an annexation by Department of Administration (DOA) 39
40. Links and Contacts For information about school district reorganization, go to: http://www.dpi.state.wi.us/sms/reorg.html
DPI Contact Janice Zmrazek, 608/266-2803, janice.zmrazek@dpi.wi.gov
DOR Contact Stan Hook 608/261-5360, Stanley.Hook@revenue.wi.gov 40
