Transcript Reorganization Overview - PowerPoint

SCHOOL DISTRICT
REORGANIZATION
for Municipal Clerks
Wisconsin – May 2011
A collaborative presentation by the
Department of Public Instruction
and the Department of Revenue
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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?
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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.
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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)
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THE SCHOOL DISTRICT
BOUNDARY APPEAL BOARD
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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
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DETACHMENT/ATTACHMENT
OF DISTRICT TERRITORY
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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
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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
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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
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Small Territory – Both Districts
Approve
Petition
written
Municipal
clerk verifies
Petition to
district –
January 31
30 days to
appeal
Order sent to
municipal and
county clerks
Districts
approve–
February 28
Effective
date – July 1
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Small Territory – Owner
If petition is denied:
Petitioner may appeal to SDBAB 3member 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
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Small Territory – Districts Deny
Petition
written
Municipal
clerk
verifies
Submit to
district –
January 31
SDBAB
order –
June 15
Appeal to
SDBAB –
March 15
District(s)
deny–
February 28
Order sent
to municipal
& county
clerks
30 days to
appeal
Effective
date – July
1
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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
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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.
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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
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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
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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
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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
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WHOLE-DISTRICT
REORGANIZATION
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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
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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
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Consolidation of Districts
December
order
April
referendum
date
Effective
date -2nd
July
May order
September
referendum
date
Effective
date - next
July
July order
November
referendum
date
Effective
date - next
July
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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
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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
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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
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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
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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
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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
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SCHOOL DISTRICT
REORGANIZATION – DPI ROLE
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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
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SCHOOL
DISTRICT
REORGANIZATION ROLE OF
MUNICIPAL
OFFICIALS
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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”
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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
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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
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County Real Property Lister
File Statement of Assessment or amended
Statement of Assessment
– with Department of Revenue
– electronically
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ROLE OF THE DEPARTMENT
OF REVENUE - DOR
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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
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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)
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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,
[email protected]
DOR Contact – Eileen Mallow, 608/261-5360,
eileen.mallow @revenue.wi.gov
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