DETACHMENT INFORMATION

ITEMS OF INTEREST ON DETACHMENT

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A SENARIO OF WHAT MIGHT HAPPEN WHEN

"THE ANSWER IS NOW COMMITTEE" PRESENT IT'S DETACHMENT PETITIONS TO THE EKW BOARD OF EDUCATION AT MONDAY NIGHT'S JUNE 28th MEETING?
Here is the procedure --

SCHOOL BOARD ACTION
Wis. Stats. 117.11(3)

  • The school boards of the affected territory, meeting either jointly or separately in the first July beginning after receipt of the petition, may grant or deny the detachment and attachment of territory.
  • If both school boards agree to the detachment and attachment of the territory, and there is no petition for a referendum or school board directive for a referendum, the territory shall be transferred, effective on the July 1 following the school board order adopting the resolution for transfer.
  • Failure of a school board to adopt a resolution either ordering or denying the detachment and attachment before August 1 constitutes a denial of the reorganization by that school board.

    PRESENT INDICATIONS ARE THAT THE BOARD WILL
    DENY THE PETITION
    Either directly or by no action prior to August 1st deadline.

    AT THIS POINT THE BOARD WILL PROBABLY REINTRODUCE THE TABLED 3 SITE CONFIGURATION PROPOSAL OF DOUG McCRACKENS AT MARCH 11TH 1999 MEETING
    There will have to be a number of changes made before that 3 site proposal is acceptable to the academic communittees, after board asked them to contribute their suggestions. Discussion will take place but there will be postponment of any action until July or August meeting.

    In the meantime the detachment committee seeing their only hope is a referendum will start collecting signatures under the following procedure.

    REFERENDUM
    Wis. Stats. 117.11(4)

    Regardless of whether the detachment and attachment is ordered or denied by the school boards, a binding referendum shall be held if either of the following happens before the 2nd Tuesday of September following the adoption of the resolution:

  • 1.The school board of either affected school district directs the holding of a referendum; or
  • 2.A petition requesting a referendum, signed by at least ten (10) percent of the electors residing in either affected school district, is filed with the clerk of the school district from which the territory is proposed to be detached. If a referendum is necessary, it must be held on the Tuesday after the first Monday in November following the receipt of the petition or resolution (s. 117.20, Wis. Stats.). The transfer of the large territory must be supported by a majority of the votes cast in each affected school district in order to be approved, otherwise the territory is not transferred. Since this is a binding referendum, there is no statutory provision for an appeal to the School District Boundary Appeal Board or Panal

    TIME IS NOW OF THE ESSENCE
    The Board of Education finally gets it act togeter and proposes a referendum vote by Sept 1st on their revised 3 site configuration. The "Answer is Now" detachment committee has obtained the necesary signatures for a referendum to be held at General Election time in November.

    WHAT HAPPENS AT THIS MONDAY NITE'S JULY 28TH BOARD OF EDUCATION MAY BE THE TURNING POINT IN THIS CONFIGURATION PROBLEM THAT HAS PLAGUED THE EKW DISTRICT THESE MANY YEARS

    Come on over to the EKW School Board Meeting Monday Nite June 28th and be a part of EKW History now being made.

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    DETACHMENT AND ATTACHMENT OF LARGE TERRITORY Wis. Stats. 117.11) APPLICATION - Wis. Stats. 117.11(1)
    http://www.dpi.state.wi.us/dpi/dfm/sms/rglarge.html

    This section applies to the transfer of large territory. A territory is defined
    as large if either:

  • 1.The assessed value of the territory proposed to be transferred to an adjoining school district, divided by the assessment ratio of the taxation district, is equal to or greater than seven (7) percent of the equalized valuation of the school district from which the territory is proposed to be detached; or
  • 2.Seven (7) percent or more of the enrollment of the school district from which the territory is proposed to be detached resides in the territory proposed to be detached. (Use the most recent 3rd Friday in September or
    2nd Friday in January count.)

    INITIATION OF PROCEDURES
    Wis. Stats. 117.11(2)

    Procedures for the detachment and attachment of large territory may be initiated by the filing of a petition by either of the following:

  • 1.A majority of the electors residing in the territory proposed to be transferred; or
  • 2.The owners of more than 50 percent of the territory proposed to be transferred, as measured by its assessed valuation divided by its assessment ratio.

    Petitions for the detachment and attachment of any large territory must be filed before July 1 with the school district clerk in which the territory is currently located. The petition must include a description of the parcel or territory proposed for transfer (reorganization). This description must be sufficiently accurate to determine its location in the school district in which it is located, as certified by the clerk of each town, village, or city within which all or part of the parcel or territory is located.

    The petition must also state the number of pupils residing in the territory who, on the most recent 3rd Friday in September or 2nd Friday in January count, were enrolled in the district in which the territory is currently located, as certified by the district clerk. The petition should be filed personally or mailed directly to the clerk of the school district in which the territory is currently located. The school district clerk must receive the petition before July 1 in order to be considered that year.

    SCHOOL BOARD ACTION
    Wis. Stats. 117.11(3)

    The school boards of the affected territory, meeting either jointly or separately in the first July beginning after receipt of the petition, may grant or deny the detachment and attachment of territory. If both school boards agree to the detachment and attachment of the territory, and there is no petition for a referendum or school board directive for a referendum, the territory shall be transferred, effective on the July 1 following the school board order adopting the resolution for transfer. Failure of a school board to adopt a resolution either ordering or denying the detachment and attachment before August 1 constitutes a denial of the reorganization by that school board.

    REFERENDUM
    Wis. Stats. 117.11(4)

    Regardless of whether the detachment and attachment is ordered or denied by the school boards, a binding referendum shall be held if either of the following happens before the 2nd Tuesday of September following the adoption of the resolution:

  • 1.The school board of either affected school district directs the holding of a referendum; or
  • 2.A petition requesting a referendum, signed by at least ten (10) percent of the electors residing in either affected school district, is filed with the clerk of the school district from which the territory is proposed to be detached. If a referendum is necessary, it must be held on the Tuesday after the first Monday in November following the receipt of the petition or resolution (s. 117.20, Wis. Stats.). The transfer of the large territory must be supported by a majority of the votes cast in each affected school district in order to be approved, otherwise the territory is not transferred. Since this is a binding referendum, there is no statutory provision for an appeal to the School District Boundary Appeal Board or

    Appeal Panel

    RELATED ISSUES

    S.117.25(2), Wis. Stats., states that when territory is detached from one school district and attached to another school district the following apply:

    Assets and liabilities are assigned to the school districts under s. 66.03, Wis. Stats., on the effective date of the reorganization. The process may include assets and liabilities being assigned proportionally to the affected school districts based on the ratio of the equalized valuation of the transferred territory to the equalized valuation of all taxable property in the detaching school district {s. 66.03(2c)(a), Wis. Stats.}.

    Wis. Stats. 66.03(2c)(b) provides for an alternate procedure to be used wherein the affected school boards adopt identical resolutions stating the agreed-upon division of assets and liabilities. The resolution must pass in each affected school board by a three-fourths vote in favor of the resolution.

    Districts holding state trust fund loans should refer to s. 66.03(10), Wis. Stats., for the procedure to transfer this debt.

    Any employee of the school district from which territory is detached who is laid off as a result of the reorganization has priority over other persons, except employes of the school district to which the territory is attached and former employes of that school district who were laid off from that school district, for three (3) years after the effective date of the reorganization for new positions and vacant positions for which he or she is qualified in the school district to which the territory is attached. {s. 117.25 (2)(b)(1), Wis. Stats.}

    Any person who wishes to exercise this priority shall notify the school district to which the territory is attached, in writing, that he or she wishes to be considered for any new position or vacant position and shall include in the notice the address to be used by the school district to notify the person of such positions. {s. 117.25 (2)(b)(2), Wis. Stats.}

    APPEAL TO CIRCUIT COURT
    Wis. Stats. 117.14

    Any person aggrieved by the granting of a detachment and attachment of a large territory may appeal the order to a circuit court within thirty (30) days after copies of the order are filed with the secretary of the board under s. 117.17(2), Wis. Stats. To begin the appeal, the aggrieved person must serve written notice, specifically stating the grounds for the appeal, upon the Secretary of the School District Boundary Appeal Board and file the notice with the clerk of the circuit court of any county in which any of the territory proposed to be detached is located or with the clerk of the circuit court of any county in which any territory of the school district to which the territory is proposed to be attached is located.

    WHAT THE STATUTES SAY WITH REGARD TO NOTIFICATION

  • 1.A certified notice of the petition must be sent to the school board of the school district to which the territory is proposed to be attached and to DPI. {Wis. Stats. 117.11(2)}

  • 3.If a referendum is directed or a petition requesting a referendum is filed, the school district clerk of the school board adopting the resolution or the school district clerk receiving the petition shall immediately notify the school board of the other affected school district, DPI, and the clerk of each city, village or town, any part of which is contained within an affected school district. {Wis. Stats. 117.11(4)}

  • 4.At the time of canvassing the returns, the school boards of the affected school districts shall make and file an order of school district reorganization. {Wis. Stats. 117.11(5)}

    It is recommended that school boards fill out duplicate originals, keeping one and sending one as notification to DPI. If you send DPI a xerox copy of the original, a Certificate of True Copy is needed.

    For more information, contact Bob Soldner (soldnra@mail.state.wi.us), School Management Issues

    Consultant, School Management Services Team, Department of Public Instruction, (608) 266-2803, Wisconsin Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841.

    Copyright: State of Wisconsin, Department of Public Instruction P.O. Box 7841, 125 S. Webster St., Madison, WI 53707-7841 USA Phone: 1-800-441-4563 (U.S. only) or 608-266-3390

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