Section TCS 1.05 - Reorganization proceedings commenced by petition(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, or2. 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.Wis. Admin. Code Technical College System Board TCS 1.05
Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (6) (intro.) made under s. 13.93(2m) (b) 7, Stats., Register, June, 1994, No. 462.