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SCHOOL DISTRICT REORGANIZATION for Municipal Clerks Wisconsin – May 2011 A collaborative presentation by the Department of Public Instruction and the Department.

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Presentation on theme: "SCHOOL DISTRICT REORGANIZATION for Municipal Clerks Wisconsin – May 2011 A collaborative presentation by the Department of Public Instruction and the Department."— Presentation transcript:

1 SCHOOL DISTRICT REORGANIZATION for Municipal Clerks Wisconsin – May 2011 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

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

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 ( ) Detachment/Attachment of Territory –Large territory, owner initiated (117.11) –Small territory, owner initiated (117.12) –Small territory, board initiated (117.13) –Annexation ( ) –Boundary Dispute (117.35) 4

5 THE SCHOOL DISTRICT BOUNDARY APPEAL BOARD 5

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

7 DETACHMENT/ATTACHMENT OF DISTRICT TERRITORY 7

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 8

9 Small Territory - Owner Petition filed – anytime by January 31 –Petition must describe property Petition must describe propertyPetition 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

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

11 Small Territory – Both Districts Approve Petition written Municipal clerk Municipal clerk verifies Petition to district – January 31 Districts approve– February 28 Order sent to municipal and county clerks 30 days to appeal Effective date – July 1 11

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

13 Small Territory – Districts Deny Petition written Municipal clerk Municipal clerk verifies Submit to district – January 31 District(s) deny– February 28 Appeal to SDBAB – March 15 SDBAB order – June 15 Order sent to municipal & county clerks 30 days to appeal Effective date – July 1 13

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

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. 15

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

17 Large Territory Process Petition from electors - anytime Municipal clerk verifies School boards act – July Referendum may be held – November If referendum passes – order issued Order sent to municipal and county clerks Effective date – next July 1 17

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

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 1 st or 2 nd July 1 19

20 WHOLE-DISTRICT REORGANIZATION 20

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

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 1 st or 2 nd July 1 22

23 Consolidation of Districts December order April referendum date Effective date -2 nd July July order November referendum date Effective date - next July 23 May order September referendum date Effective date - next July

24 Recent Consolidations July 1, 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 24

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

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

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

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

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 1 st or 2 nd July 1 29

30 SCHOOL DISTRICT REORGANIZATION – DPI ROLE 30

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

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

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

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

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: DPI Contact – Janice Zmrazek, 608/ , DOR Contact – Eileen Mallow, 40


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