Wisconsin Administrative Code
Technical College System Board
Chapter TCS 1 - District reorganization proceedings
Section TCS 1.05 - Reorganization proceedings commenced by petition
Universal Citation: WI Admin Code ยง TCS 1.05
Current through February 26, 2024
(1) INITIATION OF PROCEEDINGS.
(a) The governing body of a
county, municipality or school district may file a petition for
reorganization.
(b) The relief
requested and that may be granted by the board shall be limited to:
1. The detachment and reattachment of
territory of the petitioning county, municipality or school district located in
one district to another contiguous district, or
2. The consolidation of territory of the
petitioning county, municipality or school district in one district where the
territory of that county, municipality or school district is divided among two
or more districts.
(c)
The petition filed with the board shall contain:
1. The name of the county, municipality or
school district filing the petition.
2. The name, address and telephone number of
the specific person to whom all correspondence, notice and communications are
to be addressed.
3. The relief
requested as permitted under par. (b).
4. A clear and concise statement of the
reasons that the county, municipality or school district seeks relief as
permitted under sub. (1).
5. The
signature of an official of the governing body of a county, municipality or
school district. The signature of the official shall constitute a certification
that the governing body of the county, municipality or school district has
authorized the filing of the petition.
(2) NOTICE OF COMMENCEMENT OF PROCEEDINGS. Upon receipt of the petition the director 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 the affected districts of the institution of
the reorganization proceedings, the relief requested by the petitioning county,
municipality or school district, the existence of the public comment period
established under sub. (4), and the address to which comments should be sent.
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 paragraph. 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, notify the district director and district board chairperson of each
affected district of the boundary reorganization request and provide them with
a copy of the petition 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) COMMENT PERIOD. A 45 day public comment period, commencing on the date of publication of the notice under sub. (2) (a), shall be established for each reorganization proceeding commenced by petition. During this period each affected district shall 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 other information the affected
district desires to bring to the attention of the board.
(5) PUBLIC HEARING.
(a) The board shall hold a public hearing
following expiration of the public comment period, but in no case more than 90
days after receipt of the petition.
(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 petition 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 to the district director and district
board chairperson of each affected district.
(c) At the hearing, and prior to taking the
testimony, the board shall summarize the comments obtained from the public and
the affected districts during the public comment period.
(d) The hearing shall be recorded either
stenographically or electronically.
(6) BOARD ACTION. Within 90 days of receipt of the petition, the board shall approve or disapprove the petition and issue a reorganization order under s. TCS 1.06 after considering all of the following:
(a) The estimated fiscal effect of the
petitioned reorganization upon the affected districts, including the effect of
the apportionment of assets and liabilities.
(b) The educational needs of students
enrolled in the affected districts and the impact of the petitioned
reorganization upon those needs.
(c) The information obtained from the public
hearing and any studies and investigations, the comments from the affected
districts and citizens of the affected districts, and any other information the
board receives which it determines to be relevant to its decision.
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