Wis. Stat. § 117.105 — WI Code / Chapter 117 / Section 117.105
Section 117.105
Status: in_force

(3) Referendum.

(a) A referendum shall be held under par. (b) if any of the following occurs:

1. The school boards of all of the affected school districts grant the proposed reorganization and there is no petition filed for board review.

2. The school boards of all of the affected school districts grant the proposed reorganization, a petition for board review is filed and the board grants the proposed reorganization.

3. The school board of one or more of the affected school districts denies the proposed reorganization, a petition for board review is filed and the board grants the proposed reorganization.

(b) If a referendum is required under par. (a) , the board shall immediately notify the school boards of each of the affected school districts and the clerk of each city, village or town, any part of which is contained within an affected school district. The referendum shall be held in the territory of the school district proposed to be created by the reorganization.

(c) In addition to the referendum under par. (a) 3. , a referendum shall be held under par. (d) if par. (a) 3. applies and a petition conforming to the requirements of s. 8.40 requesting a referendum, signed by at least 20 percent of the number of electors residing in the territory of the affected school districts, is filed with the clerk of the affected school district with the largest equalized valuation before the 2nd Tuesday of September following issuance of the board’s order under sub. (2m) (c) .

(d) If a referendum is required under par. (c) , the school district clerk receiving the petition shall immediately notify the school boards of each of the affected school districts and the clerk of each city, village or town, any part of which is contained within an affected school district. The referendum shall be held in the territory of the affected school districts as provided under s. 117.20 .

(4) Order of reorganization if approved at referendum. If a majority of the votes cast in the referendum held under sub. (3) (b) in the territory of the school district proposed to be created by the reorganization is in favor of the creation of the proposed school district, and a majority of the votes cast in the referendum held under sub. (3) (d) in the territory of the affected school districts is in favor of the creation of the proposed school district, 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 under s. 117.17 (2) . The reorganization shall take effect on the following July 1 unless the school board of the newly created school district adopts and files a resolution, as provided in s. 117.17 (2) , stating that the reorganization shall take effect on the 2nd July 1 following the order of reorganization.

(4m) Procedures for creation of a school district based on an opportunity schools and partnership program; certain villages.

(a) In this subsection:

1. “Eligible unified school district” has the meaning given in s. 115.999 (2m) (a) .

2. “Village board” means the village board of a village located in an eligible unified school district.

(b) If a village board adopts a resolution under s. 115.999 (2m) (c) affirming the village board’s intent to create a new school district or a resolution to provide a referendum under s. 115.999 (2m) (d) , the village board shall submit the resolution to the board.

(c)

1. Upon receipt of a resolution under par. (b) , the board shall hold a public hearing on the proposed reorganization. After the hearing and after consulting with the school board of the eligible unified school district and the village boards of the villages located within the proposed school district, the board shall determine the apportionment of assets and liabilities between the eligible unified school district and the proposed school district according to the criteria under s. 66.0235 (2c) .

2. By no later than 180 days after the village board receives notice under s. 115.28 (10o) (d) , the board shall issue an order that includes the territory of the new school district, as described in the resolution adopted by the village board, and the apportionment of assets and liabilities as determined under subd. 1.

(d) A binding referendum on a proposed reorganization ordered by the board under par. (c) 2. shall be held in the territory of the school district proposed to be created by the reorganization.

(e)

1. If a majority of the votes cast in the referendum held under par. (d) is in favor of the creation of the proposed school district, no later than 60 days after the referendum is held, the village boards of the villages included in the proposed school district shall adopt a resolution to designate all of the following for the proposed school district:

a. The number of school board members under s. 120.01 or 120.41 .

b. The terms of initial members of the school board under s. 120.02 (3) (a) .

c. The method of election of school board members under s. 120.06 or 120.42 .

2. A village that adopts a resolution under subd. 1. shall submit the resolution to the eligible unified school district.

3. If a majority of the votes cast in the referendum held under par. (d) is in favor of the creation of the proposed school district, after receiving a resolution under subd. 2. , the school board of the eligible unified school district shall make and file an order of school district reorganization under s. 117.17 (2) . In the order, the school board shall designate that the first election of school board members of the newly created school district shall occur at the regularly scheduled spring election immediately following the date on which the order is filed with the board. The reorganization shall take effect on the July 1 described in the resolution adopted by the village board under s. 115.999 (2m) (c) .

(f) Subsections (1) to (4) and ss. 117.14 and 117.15 do not apply to a reorganization under this subsection.

(5) Applicability. This section does not apply to a reorganization that would result in the creation of a school district that has the same boundaries that an existing school district would have if territory were detached from one or more other school districts and attached to the existing school district under s. 117.12 , 117.13 or 117.132 unless the existing school district operates only elementary grades.

(6) Limitation on further reorganization. No school district created by a reorganization under this section may consolidate with another school district under s. 117.08 or 117.09 , or have all of its territory attached to another school district under s. 117.10 , 117.11 or 117.132 , within 10 years after the effective date of the reorganization under this section. This subsection does not apply if the school district was created by detaching territory from a single school district, and the consolidation under s. 117.08 or 117.09 or the attachment under s. 117.10 , 117.11 or 117.132 will consolidate the school district with, or reattach its territory to, the school district from which its territory was detached by the reorganization which created the school district.

History: 1997 a. 286 ; 2001 a. 30 ; 2017 a. 59 .