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SCHOOL DISTRICT REORGANIZATION for Municipal Clerks Wisconsin – May 2011

SCHOOL DISTRICT REORGANIZATION for Municipal Clerks Wisconsin – May 2011. A collaborative presentation by the Department of Public Instruction and the Department of Revenue. Presentation OVERVIEW. What are the reorganization options? How is a reorganization order generated?

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SCHOOL DISTRICT REORGANIZATION for Municipal Clerks Wisconsin – May 2011

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  1. SCHOOL DISTRICT REORGANIZATION for Municipal ClerksWisconsin – May 2011 A collaborative presentation by the Department of Public Instruction and the Department of Revenue

  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?

  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.

  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)

  5. The School District Boundary Appeal Board

  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

  7. Detachment/attachment of district territory

  8. Small Territory • Detach from one district – attach to adjoining district • Value < 7% of the district’s 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

  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

  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

  11. Small Territory – Both Districts Approve

  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

  13. Small Territory – Districts Deny

  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

  15. Large Territory • Value => 7% of the district’s 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.

  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

  17. Large Territory Process

  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

  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

  20. Whole-district reorganization

  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

  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

  23. May order September referendum date Effective date - next July Consolidation of Districts

  24. Recent Consolidations • July 1, 2006 - Trevor and Wilmot K-8’s became Trevor-Wilmot Consolidated. • July 1, 2009 – Glidden and Park Falls became Chequamegon • July 1, 2010 – Chetek and Weyerhaeuser became Chetek-Weyerhaeuser Area

  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

  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

  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

  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

  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

  30. School District Reorganization – DPI role

  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

  32. School district reorganization - ROLE OF MUNICIPAL officials

  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”

  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

  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

  36. County Real Property Lister • File Statement of Assessment or amended Statement of Assessment • with Department of Revenue • electronically

  37. Role of the Department of Revenue - DOR

  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

  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)

  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 – Eileen Mallow, 608/261-5360, eileen.mallow@revenue.wi.gov

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