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

SCHOOL DISTRICT SCHOOL DISTRICT REORGANIZATION REORGANIZATION

for Municipal Clerksfor Municipal ClerksWisconsin – May 2011Wisconsin – May 2011

A collaborative presentation by the A collaborative presentation by the Department of Public Instruction Department of Public Instruction and the Department of Revenueand the Department of Revenue

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Presentation Presentation OVERVIEWOVERVIEW What are the reorganization What are the reorganization

options?options?

How is a reorganization How is a reorganization order generated?order generated?

What is the role of the DPI, What is the role of the DPI, the SDBAB, the courts?the SDBAB, the courts?

What is the role of municipal What is the role of municipal and county officials?and county officials?

How is a reorganization How is a reorganization order implemented?order implemented?

What is the role of the DOR?What is the role of the DOR?

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Reorganization - Reorganization - State Law, Chapter 117State Law, Chapter 117

““Reorganization” means the Reorganization” means the consolidationconsolidation of two or more school districts, the of two or more school districts, the dissolutiondissolution of a school district, the of a school district, the detachmentdetachment of territory from one school of territory from one school district and its attachment to an adjoining district and its attachment to an adjoining school district or the school district or the creationcreation of a school of a school district.district.

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Reorganization - MethodsReorganization - MethodsConsolidation of Districts (117.08)Consolidation of Districts (117.08)

Consolidation of K-8 with UHS (117.09)Consolidation of K-8 with UHS (117.09)

Dissolution of District (117.10)Dissolution of District (117.10)

Creation - New School District (117.105)Creation - New School District (117.105)

Detachment/Attachment of TerritoryDetachment/Attachment of Territory– Large territory, owner initiated (117.11)Large territory, owner initiated (117.11)– Small territory, owner initiated (117.12)Small territory, owner initiated (117.12)– Small territory, board initiated (117.13)Small territory, board initiated (117.13)– Annexation (117.132)Annexation (117.132)– Boundary Dispute (117.35)Boundary Dispute (117.35)

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THE SCHOOL DISTRICT THE SCHOOL DISTRICT BOUNDARY APPEAL BOARDBOUNDARY APPEAL BOARD

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SDBAB RoleSDBAB RoleSchool District Boundary Appeal BoardSchool District Boundary Appeal Board

12 Members nominated by CESAs12 Members nominated by CESAs

4 Large, 4 medium, 4 small district reps.4 Large, 4 medium, 4 small district reps.

6 Members + state superintendent review 6 Members + state superintendent review district creation, dissolution, annexation, or district creation, dissolution, annexation, or dispute resolution issuesdispute resolution issues

3 Member panel hears appeals of small 3 Member panel hears appeals of small territory detachment issuesterritory detachment issues

SDBAB secretary is a DPI employeeSDBAB secretary is a DPI employee66

DETACHMENT/ATTACHMENT DETACHMENT/ATTACHMENT OF DISTRICT TERRITORYOF DISTRICT TERRITORY

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Small TerritorySmall TerritoryDetach from one district – attach to Detach from one district – attach to adjoining districtadjoining district

Value < 7% of the district’s equalized Value < 7% of the district’s equalized valuation – valuation – andand - territory has < 7% of - territory has < 7% of district enrollmentdistrict enrollment

Initiated by petition from majority of electors Initiated by petition from majority of electors or owners of 50% of property value – or owners of 50% of property value – OROR - -

Initiated by agreement between school Initiated by agreement between school boardsboards

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Small Territory - OwnerSmall Territory - Owner

Petition filed – anytime by January 31 Petition filed – anytime by January 31 – Petition must describe property

Municipal clerk Municipal clerk must certify accuracy of must certify accuracy of property descriptionproperty description

Districts must act in FebruaryDistricts must act in February– Petitioner meets with the boardPetitioner meets with the board

Failure of district to act is denialFailure of district to act is denial

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Small Territory - OwnerSmall Territory - Owner

If both school boards approve :If both school boards approve :

DPI sends reorganization orders to DPI sends reorganization orders to county county and municipal clerks and municipal clerks – within 5 days– within 5 days

Order may be appealed to Order may be appealed to circuit courtcircuit court– 30 days from DPI mailing30 days from DPI mailing

If no appeal – or court affirms order – If no appeal – or court affirms order – effective date is July 1effective date is July 1

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Small Territory – Both Districts Small Territory – Both Districts ApproveApprove

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Small Territory – Owner Small Territory – Owner If petition is denied:If petition is denied:

Petitioner may appeal to Petitioner may appeal to SDBABSDBAB 3- 3-member panel – by March 15member panel – by March 15– SDBAB holds public hearingSDBAB holds public hearing

SDBAB issues order granting/denying SDBAB issues order granting/denying appeal - by June 15appeal - by June 15

Appeal to Appeal to circuit court circuit court – 30 days after DPI – 30 days after DPI mailingmailing

Effective date – July 1 – unless appealed Effective date – July 1 – unless appealed or overturnedor overturned

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Small Territory – Districts DenySmall Territory – Districts Deny

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Small Territory - Board InitiatedSmall Territory - Board InitiatedBy resolution of both boardsBy resolution of both boardsMunicipal clerk Municipal clerk must certify descriptionmust certify description– Notice of proposal must go to owners and Notice of proposal must go to owners and

electorselectors

Electors may appeal order to Electors may appeal order to SDBABSDBAB – by March 15by March 15

SDBAB issues order before June 15SDBAB issues order before June 15Effective date – July 1 after the March Effective date – July 1 after the March following resolutionfollowing resolutionAppeal to circuit court – 30 daysAppeal to circuit court – 30 days

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Large TerritoryLarge Territory

Value => 7% of the district’s equalized Value => 7% of the district’s equalized valuation – valuation – or or - 7% or more of district - 7% or more of district enrollmentenrollment

Petition by a majority of electors or owners Petition by a majority of electors or owners of 50% value of territory – anytimeof 50% value of territory – anytime

Municipal clerk Municipal clerk must certify accuracy of must certify accuracy of descriptiondescription

School boards resolutions approve or School boards resolutions approve or deny – in July after receipt of petition.deny – in July after receipt of petition.

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Large TerritoryLarge Territory

Approval by district may be appealed to Approval by district may be appealed to Circuit CourtCircuit Court

Referendum may be required – NovemberReferendum may be required – November– If referendum passes in all districts – If referendum passes in all districts –

reorganization order is writtenreorganization order is written

Detachment/attachment order effective Detachment/attachment order effective next July 1next July 1

Recent attempts - Hawkins and Fox LakeRecent attempts - Hawkins and Fox Lake

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Large Territory ProcessLarge Territory Process

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AnnexationAnnexationProperty annexed to a Dane county Property annexed to a Dane county municipality may be annexed by the municipality may be annexed by the municipal school district.municipal school district.– Municipal clerk Municipal clerk must certify property must certify property

descriptiondescription

Boards agree to consider – Boards agree to consider – OROR – residents – residents petitionpetition

Boards act the following JulyBoards act the following July

SDBAB may review - by January 15SDBAB may review - by January 15

Effective date if approved – next July 1Effective date if approved – next July 11818

Boundary DisputeBoundary DisputeBoundary dispute between districtsBoundary dispute between districts– Resolve by resolution of both boards - Resolve by resolution of both boards - OROR– Resolved by SDBAB Resolved by SDBAB

Notice of disputed territory mailed to Notice of disputed territory mailed to residentsresidents

Location of territory certified by Location of territory certified by municipal municipal clerksclerks

SDBAB order may be appealed to SDBAB order may be appealed to courtcourt

Effective date is 1Effective date is 1stst or 2 or 2ndnd July 1 July 11919

WHOLE-DISTRICT WHOLE-DISTRICT REORGANIZATIONREORGANIZATION

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Consolidation of DistrictsConsolidation of Districts

District resolution to consider consolidation District resolution to consider consolidation – anytimeanytime

Resolution ordering consolidation – must Resolution ordering consolidation – must occur next July, December, or May occur next July, December, or May (new)(new)All affected school boards must agreeAll affected school boards must agree– Denial may be appealed to Denial may be appealed to circuit courtcircuit court

Referendum may be held – November, April, Referendum may be held – November, April, or September or September (new)(new)– By order of districtBy order of district– By citizen petitionBy citizen petition

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Consolidation of DistrictsConsolidation of Districts

Referendum must pass in all districtsReferendum must pass in all districts– Referendum results are bindingReferendum results are binding

A new district (legal entity) is created A new district (legal entity) is created – existing districts terminateexisting districts terminate

DPI sends order to DPI sends order to municipal and county municipal and county clerksclerksEffective date is 1Effective date is 1stst or 2 or 2ndnd July 1 July 1

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Consolidation of Districts Consolidation of Districts

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Recent ConsolidationsRecent Consolidations

July 1, 2006 - Trevor and Wilmot K-8’s July 1, 2006 - Trevor and Wilmot K-8’s became Trevor-Wilmot Consolidated.became Trevor-Wilmot Consolidated.

July 1, 2009 – Glidden and Park Falls July 1, 2009 – Glidden and Park Falls became Chequamegonbecame Chequamegon

July 1, 2010 – Chetek and Weyerhaeuser July 1, 2010 – Chetek and Weyerhaeuser became Chetek-Weyerhaeuser Areabecame Chetek-Weyerhaeuser Area

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K-8/UHS ConsolidationK-8/UHS ConsolidationResolution to consider Resolution to consider – by UHS and any K-8 – anytimeby UHS and any K-8 – anytime

Resolution ordering consolidation by UHS Resolution ordering consolidation by UHS and K-8(s) with 55% of value – Julyand K-8(s) with 55% of value – July– Denial may be appealed to Denial may be appealed to circuit courtcircuit court

Referendum may be required - NovemberReferendum may be required - November– by order or petitionby order or petition– referendum must pass in UHS and a majority referendum must pass in UHS and a majority

of K-8 districtsof K-8 districts

Consolidation creates new K-12 districtConsolidation creates new K-12 district2525

District DissolutionDistrict Dissolution

District resolution to consider dissolution District resolution to consider dissolution – anytimeanytime

District resolution ordering dissolution District resolution ordering dissolution – must occur the following Julymust occur the following July

Advisory referendum may be held Advisory referendum may be held – NovemberNovember

SDBAB SDBAB reviews the dissolutionreviews the dissolution– Public hearing will be held in the districtPublic hearing will be held in the district– Input from public and surrounding districtsInput from public and surrounding districts

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District DissolutionDistrict Dissolution

SDBABSDBAB affirms or denies dissolution by affirms or denies dissolution by January 15January 15– A dissolution order would include assigning A dissolution order would include assigning

the territory, students, assets, and liabilities to the territory, students, assets, and liabilities to one or more neighboring districts.one or more neighboring districts.

If affirmed– effective date is next July 1If affirmed– effective date is next July 1

DPI sends orders to DPI sends orders to municipal and county municipal and county clerksclerks

SDBAB SDBAB order may be appealed to order may be appealed to courtcourt

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District CreationDistrict CreationInitiated by school board resolution or Initiated by school board resolution or elector petition – before July 1elector petition – before July 1– District(s) must hold public hearingDistrict(s) must hold public hearing

District(s) may agree on boundaries, District(s) may agree on boundaries, assets, liabilities - by October 15 – ORassets, liabilities - by October 15 – OR

SDBAB (7-member board) issues order by SDBAB (7-member board) issues order by February 15February 15– Citizen may appeal SDBAB order to Circuit Citizen may appeal SDBAB order to Circuit

CourtCourt

School boards affirm or deny creationSchool boards affirm or deny creation2828

District CreationDistrict Creation

SDBABSDBAB may review district decision based may review district decision based on elector petitionon elector petition– SDBABSDBAB must hold public hearing must hold public hearing

SDBABSDBAB issues order denying or affirming issues order denying or affirming district creationdistrict creation

Referendum may be required in territory of Referendum may be required in territory of newly proposed districtnewly proposed district– District(s) issues order if referendum passesDistrict(s) issues order if referendum passes

New district created 1New district created 1stst or 2 or 2ndnd July 1 July 12929

SCHOOL DISTRICT SCHOOL DISTRICT REORGANIZATION – DPI ROLEREORGANIZATION – DPI ROLE

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Role of DPIRole of DPISend any district-issued reorganization Send any district-issued reorganization order to order to county and municipal clerkscounty and municipal clerks– within 5 days of receiptwithin 5 days of receipt– certified copies by certified mailcertified copies by certified mail

Coordinate SDBAB appeal hearingsCoordinate SDBAB appeal hearings

Send SDBAB orders of reorganization to Send SDBAB orders of reorganization to county and municipal clerkscounty and municipal clerks– by the deadline in the law.by the deadline in the law.– certified copies by certified mailcertified copies by certified mail

Maintain historical filesMaintain historical files3131

SCHOOL SCHOOL DISTRICT DISTRICT REORGANIZATION - REORGANIZATION - ROLE OF ROLE OF MUNICIPAL MUNICIPAL OFFICIALSOFFICIALS

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Municipal ClerksMunicipal Clerks

Certify accuracy of property description in Certify accuracy of property description in owner-initiated petitionowner-initiated petition

Provide information regarding current Provide information regarding current property value in the descriptionproperty value in the description

Update Statement of Assessment Update Statement of Assessment – If statement has been filed – If statement has been filed – amendamend with with

assessed value after the “move”assessed value after the “move”– If not filed – file with assessed value after the If not filed – file with assessed value after the

“move”“move”

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Municipal Clerk & Assessor and Municipal Clerk & Assessor and County Real Property Lister County Real Property Lister

Update school district codes and names Update school district codes and names on:on:– property record card property record card – property assessment rollproperty assessment roll– property tax rollproperty tax roll– Statement of AssessmentStatement of Assessment

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Municipal Clerk & Assessor and Municipal Clerk & Assessor and County Real Property Lister County Real Property Lister

Updating each real property and personal Updating each real property and personal property account with the updated codes property account with the updated codes is is extremely important extremely important

The Statement of Assessment The Statement of Assessment mustmust reflect reflect values based on the updated school codesvalues based on the updated school codes

If the original statement does NOT reflect If the original statement does NOT reflect property detachments an amended return property detachments an amended return must be filedmust be filed

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County Real Property Lister County Real Property Lister

File Statement of Assessment or File Statement of Assessment or amendedamended Statement of Assessment Statement of Assessment – with Department of Revenue with Department of Revenue – electronicallyelectronically

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ROLE OF THE DEPARTMENT ROLE OF THE DEPARTMENT OF REVENUE - DOROF REVENUE - DOR

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Role of DORRole of DOR

Send memo of changes to: Send memo of changes to: – DOA, DPI, DOT, DNR, LFB, Commerce, and DOA, DPI, DOT, DNR, LFB, Commerce, and

Treasury.Treasury.

Update school codes for affected Update school codes for affected manufacturing parcelsmanufacturing parcels– with assistance of local government with assistance of local government

Use updated school district codes and Use updated school district codes and names when preprinting the Statement of names when preprinting the Statement of AssessmentAssessment

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Role of DORRole of DOR

Receive amended Statements of Receive amended Statements of AssessmentAssessment

Use updated Statement of Assessment to Use updated Statement of Assessment to calculate Equalized Values for school calculate Equalized Values for school districtsdistricts

Mail an “Annexation – School District Mail an “Annexation – School District Boundary Inquiry” (form # PC-228) after Boundary Inquiry” (form # PC-228) after being informed of an annexation by being informed of an annexation by Department of Administration (DOA)Department of Administration (DOA)

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Links and ContactsLinks and Contacts

For information about school district For information about school district reorganization, go to: reorganization, go to: http://www.dpi.state.wi.us/sms/reorg.html

DPI Contact – Janice Zmrazek, 608/266-2803, DPI Contact – Janice Zmrazek, 608/266-2803, [email protected]

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

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