LRB-1457/1
TKK:bjk:ph
2009 - 2010 LEGISLATURE
April 7, 2009 - Introduced by Representatives Huebsch, Mursau, LeMahieu,
Petrowski, A. Ott, Bies, Montgomery, Vos, Gunderson, Nerison, Townsend,
Murtha
and Knodl, cosponsored by Senators Taylor, Kreitlow, Grothman
and Olsen. Referred to Committee on Education.
AB201,1,4 1An Act to amend 67.05 (6a) (bg) 1., 67.12 (12) (e) 2r. a., 117.03 (3m), 117.11 (2),
2117.12 (2), 117.12 (5) (a) 2., 117.13 (2), 117.35 (2) (b) 2., 119.23 (1) (c), 121.05 (1)
3(a) (intro.), 121.84 (1) (a) 2., 121.84 (4) (a) 1. and 121.84 (4) (a) 2. of the statutes;
4relating to: the date of pupil counts in second semester of school year.
Analysis by the Legislative Reference Bureau
Under current law, each school district is required to file an annual report with
the Department of Public Instruction (DPI). The report must include the average of
the number of pupils enrolled in the district on the third Friday of September and
the second Friday of January in the previous school year. The pupil count is used by
DPI to compute state aid to the school district.
This bill changes the date of the pupil count in January to the last Friday of that
month. The bill makes changes elsewhere in the statutes where the pupil count
conducted on those dates is used as an indicator of enrollment in a school district.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB201, s. 1 5Section 1. 67.05 (6a) (bg) 1. of the statutes is amended to read:
AB201,2,46 67.05 (6a) (bg) 1. Determine the number of pupils in each grade level who
7attended school in the previous school year in a building that was then owned by the

1school district and has been allocated to another school district by the reorganization
2and who resided in the previous school year in territory that was not transferred to
3the other school district. The number shall be the average of such pupils enrolled on
4the 3rd Friday of September and the 2nd last Friday of January.
AB201, s. 2 5Section 2. 67.12 (12) (e) 2r. a. of the statutes is amended to read:
AB201,2,116 67.12 (12) (e) 2r. a. Determine the number of pupils in each grade level who
7attended school in the previous school year in a building that was then owned by the
8school district and has been allocated to another school district by the reorganization
9and who resided in the previous school year in territory that was not transferred to
10the other school district. The number shall be the average of such pupils enrolled on
11the 3rd Friday of September and the 2nd last Friday of January.
AB201, s. 3 12Section 3. 117.03 (3m) of the statutes is amended to read:
AB201,2,1513 117.03 (3m) "Enrollment" means the number of pupils enrolled, as provided
14under s. 121.05 (1) (a), on the most recent of the preceding 3rd Friday of September
15or 2nd last Friday of January.
AB201, s. 4 16Section 4. 117.11 (2) of the statutes is amended to read:
AB201,3,817 117.11 (2) Initiation of procedures. A majority of the electors residing in
18territory proposed to be detached from one school district and attached to an
19adjoining school district, or owners of more than 50% of the territory proposed to be
20detached from one school district and attached to an adjoining school district, as
21measured by its assessed valuation divided by the assessment ratio of the taxation
22district, may file a written petition with the clerk of the school district in which the
23territory is located requesting the detachment of the territory from that school
24district and its attachment to an adjoining school district. The petition shall include
25a description of the territory sufficiently accurate to determine its location in the

1school district in which it is located, as certified by the clerk of each city, town or
2village within which all or part of the territory is located, and the number of pupils
3residing in that territory who, on the most recent of the preceding 3rd Friday of
4September or 2nd last Friday of January, were enrolled in the school district from
5which the territory is proposed to be detached, as certified by the clerk of that school
6district. Upon receipt of the petition, the school district clerk shall send a certified
7notice of the petition to the school board of the school district to which the territory
8is proposed to be attached and to the secretary of the board.
AB201, s. 5 9Section 5. 117.12 (2) of the statutes is amended to read:
AB201,3,2310 117.12 (2) Petition. A majority of the electors residing in the territory
11described under sub. (1) or owners of 50% or more of that territory may file a written
12petition with the clerk of the school district in which the territory is located
13requesting the detachment of the territory from that school district and its
14attachment to an adjoining school district. The petition shall include a description
15of the territory sufficiently accurate to determine its location in the school district in
16which it is located, as certified by the clerk of each city, town or village within which
17all or part of the territory is located, and the number of pupils residing in that
18territory who, on the most recent of the preceding 3rd Friday of September or 2nd
19last Friday of January, were enrolled in the school district from which the territory
20is proposed to be detached, as certified by the clerk of that school district. Upon
21receipt of the petition, the school district clerk shall send a certified copy of the
22petition to the school board of the school district to which the territory is proposed
23to be attached and to the secretary of the board.
AB201, s. 6 24Section 6. 117.12 (5) (a) 2. of the statutes is amended to read:
AB201,4,5
1117.12 (5) (a) 2. The total number of pupils residing in the territory proposed
2to be detached under the appeals who, on the most recent of the preceding 3rd Friday
3of September or 2nd last Friday of January, were enrolled in the school district from
4which the territory is proposed to be detached is equal to or greater than 7% of that
5school district's enrollment.
AB201, s. 7 6Section 7. 117.13 (2) of the statutes is amended to read:
AB201,5,37 117.13 (2) School board action. The school boards of 2 adjoining school
8districts may order territory detached from one of the school districts and attached
9to the other school district by the adoption, by each of the school boards, of a
10resolution ordering the detachment and attachment. The resolution shall include a
11description of the territory sufficiently accurate to determine its location in the
12school district in which it is located, as certified by the clerk of each city, village or
13town within which all or any part of the territory is located, and the number of pupils
14residing in that territory who, on the most recent of the preceding 3rd Friday of
15September or 2nd last Friday of January, were enrolled in the school district from
16which the territory is proposed to be detached, as certified by the clerk of that school
17district. Prior to adopting a resolution under this subsection, the school board of each
18affected school district shall give the electors residing in and the owners of the
19territory notice of the proposed reorganization and an opportunity to meet with the
20school board to present reasons for or against the proposed reorganization. The
21school district clerk of each school board that adopts a resolution under this
22subsection shall, within 5 days after adopting the resolution, send a certified copy of
23the resolution to the school board of the other affected school district and file a
24certified copy of the resolution as provided under s. 117.17 (2). If the school board
25of each of the affected school districts adopts a resolution ordering the detachment

1and attachment, the reorganization shall take effect on the first July 1 after the
2March 1 following the adoption of the resolutions, unless an appeal is filed under sub.
3(3).
AB201, s. 8 4Section 8. 117.35 (2) (b) 2. of the statutes is amended to read:
AB201,5,75 117.35 (2) (b) 2. The number of pupils residing in the disputed territory who,
6on the most recent of the preceding 3rd Friday of September or 2nd last Friday of
7January, were enrolled in each interested school district.
AB201, s. 9 8Section 9. 119.23 (1) (c) of the statutes is amended to read:
AB201,5,149 119.23 (1) (c) "Summer choice average daily membership equivalent" means
10the summer average daily membership equivalent of pupils who were attending a
11private school under this section on the 2nd last Friday of January of the school term
12immediately preceding that summer or whose applications have been accepted
13under sub. (3) for attendance at the private school in the school term immediately
14following that summer.
AB201, s. 10 15Section 10. 121.05 (1) (a) (intro.) of the statutes is amended to read:
AB201,5,1816 121.05 (1) (a) (intro.) The average of the number of pupils enrolled on the 3rd
17Friday of September and the 2nd last Friday of January of the previous school year,
18including all of the following:
AB201, s. 11 19Section 11. 121.84 (1) (a) 2. of the statutes is amended to read:
AB201,5,2520 121.84 (1) (a) 2. A school board shall permit a pupil who was a resident of the
21school district on the 3rd Friday in September or the 2nd last Friday in January of
22the current school year and who has been enrolled in the school district for at least
2320 school days during the current school year to complete the current school year at
24the school he or she is attending without payment of tuition, even though the pupil
25is no longer a resident of the school district.
AB201, s. 12
1Section 12. 121.84 (4) (a) 1. of the statutes is amended to read:
AB201,6,32 121.84 (4) (a) 1. The pupil was a resident of the school district on the 2nd last
3Friday in January of the previous school year.
AB201, s. 13 4Section 13. 121.84 (4) (a) 2. of the statutes is amended to read:
AB201,6,75 121.84 (4) (a) 2. The pupil was enrolled in the school district continuously from
6the 2nd last Friday in January of the previous school year to the end of the school
7term of the previous school year.
AB201, s. 14 8Section 14. Initial applicability.
AB201,6,109 (1) This act first applies to the distribution of state aid in the 2011-12 school
10year.
AB201, s. 15 11Section 15. Effective date.
AB201,6,1212 (1) This act takes effect on January 1, 2011.
AB201,6,1313 (End)
Loading...
Loading...