Current through August 26, 2024
(1) INITIATION OF
PROCEEDINGS. All reorganization proceedings commenced by the board on its own
motion shall require adoption, by a two-thirds vote, of a resolution
authorizing the proceedings. At a minimum, the resolution shall:
(a) Set forth the board's initial proposal
for reorganization.
(b) Establish a
45 day public comment period commencing 10 days after adoption of the
resolution.
(c) Establish a date,
time and place for one or more public hearings as required under sub.
(5).
(2) NOTICE OF
COMMENCEMENT OF PROCEEDINGS. Following adoption of the resolution under sub.
(1), the board shall:
(a) Publish a notice in
the newspaper selected by each affected district for the publication of
proceedings under s. 38.12(4),
Stats., informing the citizens of each affected district of the institution of
the reorganization proceedings, the board's initial proposal for
reorganization, the public comment period and the address to which the comments
should be sent, and the date, time and place for the public hearing. If no
newspaper is published in an affected district and an alternative method for
publicizing proceedings under s.
38.12(4),
Stats., has been adopted by the affected district, the board shall use a
similar method to provide the notice required by this subsection. All notices
under this paragraph are class 1 notices under ch. 985, Stats., except that
they shall be 8-point type or larger.
(b) By certified mail, return receipt
requested, provide a copy of the board's resolution to the district director
and district board chairperson of each affected district along with a notice
requiring each affected district to comment as provided in sub. (4).
(3) STUDIES AND INVESTIGATIONS.
The board may conduct, or cause to be conducted, such studies and
investigations as it deems necessary.
(4) DISTRICT COMMENT. Each affected district
board shall, during the public comment period established under sub. (1)(b),
comment on all of the following:
(a) The
estimated fiscal effect of the proposed reorganization upon the
district.
(b) The impact of the
proposed reorganization upon the educational needs of students enrolled in the
district.
(c) Any alternatives to
the board's initial proposal for reorganization. For each alternative proposed
the affected district shall provide the information required under pars. (a)
and (b).
(d) Any other information
the affected district desires to bring to the attention of the
board.
(5) PUBLIC
HEARING.
(a) Upon adoption of the resolution
authorizing reorganization proceedings under sub. (1), the board shall schedule
one or more public hearings to be held at least 14 days following the
expiration of the public comment period. A hearing shall be held in each
affected district which, based upon the board's initial proposal for
reorganization, would be dissolved, merged or have property detached.
(b) At least 14 days prior to the
date scheduled for the hearing the board shall:
1. Publish a notice of hearing and a summary
of the board's initial proposal for reorganization in the same manner as the
notice of commencement of proceedings under sub. (2) (a). The notice shall
inform the public of the time, place, date, and general subject matter of the
hearing.
2. By certified mail,
return receipt requested, provide a copy of the notice to the district director
and district board chairperson of each affected district.
(c) At the hearing, and prior to taking
testimony, the board shall summarize the comments obtained from the affected
districts and comments obtained pursuant to the public comment
period.
(d) The hearing shall be
recorded either stenographically or electronically.
(6) FINAL REORGANIZATION PROPOSAL.
(a) At the conclusion of the public hearing,
or at any time thereafter, the board may adopt a final district reorganization
proposal to alter, dissolve, create, or merge any district or districts after
considering all of the following:
1. The
estimated fiscal effect of the reorganization including the effect of the
apportionment of assets and liabilities.
2. The educational needs of students enrolled
in the affected district and the impact of the reorganization upon those
needs.
3. The information obtained
from the public hearing and any studies and investigations, comments received
pursuant to the public comment period and from the affected districts, and any
other information which the board determines to be relevant to its
decision.
(7)
FINAL PUBLIC HEARING.
(a) Upon adoption of a
final reorganization proposal the board shall schedule a public hearing in each
district in which a public hearing was held under sub. (5).
(b) At least 14 days prior to the date
scheduled for each hearing, the board shall:
1. Publish a notice of the public hearing and
a summary of the board's final reorganization proposal in the same manner as
the notice of commencement of proceedings under sub. (2) (a).
2. By certified mail, return receipt
requested, provide a copy of the notice along with a copy of the board's final
reorganization proposal, to the district director and district board
chairperson of each affected district.
(c) At the hearing, and prior to taking
testimony, the board shall summarize the final reorganization
proposal.
(d) The hearing shall be
recorded either stenographically or mechanically.
(8) FINAL BOARD ACTION. At the conclusion of
the public hearing or at any time thereafter, the board may, by a majority
vote, modify the final reorganization proposal and adopt, upon a two-thirds
vote, a district reorganization order under s.
TCS 1.06.
(9)
TERMINATION OF PROCEEDINGS. At any time following initiation of reorganization
proceedings under sub. (1), the board may, upon a majority vote, terminate the
reorganization proceedings.
