Section 2.05. School district boundary appeal board.

 

(1)   Composition and length of terms.

(a) Section 15.375 (2) , Stats., requires the state superintendent of public instruction to appoint 12 school board members to serve on the school district boundary appeal board. As further specified in s. 15.375 (2) , Stats., 4 members of the SDBAB shall be school board members from small school districts, 4 members shall be school board members from medium school districts and 4 members shall be school board members from large school districts. No 2 school board members of the SDBAB may reside within the boundaries of the same CESA. One member of the board shall be the state superintendent or the state superintendent's designee.

(b) Members of the SDBAB shall be appointed to staggered 2-year terms. Persons who were regular and alternate members on January 1, 1990, shall be appointed regular members to serve the remainder of their terms. By May 1, 1990, the state superintendent shall appoint 4 new members, as specified in sub. (2) , to bring membership of the SDBAB into conformance with s. 15.375 (2) , Stats. Two of these members shall be appointed to terms which expire on May 1, 1990, and 2 shall be appointed to terms which expire on May 1, 1992.

(2)   Appointment. The state superintendent shall appoint members to the board as follows:

(a) All school districts in the state shall be ranked in descending order by enrollment and shall be divided into thirds based on enrollment. School districts in the top third, by enrollment, shall be designated large school districts; school districts in the middle third, by enrollment, shall be designated medium school districts; and school districts in the bottom third, by enrollment, shall be designated small school districts. If the state's enrollment is not evenly divisible by 3, the state superintendent shall determine, from the enrollments, in which group the remaining districts should be included.

(b) The board of control of each CESA which will have a vacancy on the SDBAB on the following May 1 shall nominate 3 school board members from at least 2 of the groups described in par. (a) for the state superintendent's consideration.

(c) If the state superintendent determines that a size group has not been adequately represented in nominations, either overall or from a specific CESA, the state superintendent may request nominations of a specific size school district from that CESA board of control.

(d) The state superintendent shall make appointments from the nominations under pars. (b) and (c) .

(e) If a member of the SDBAB is unable to complete his or her term, the corresponding CESA board of control from which the vacancy came shall nominate 2 persons for the state superintendent to consider for appointment to serve the remainder of the term. The nominees shall represent the same size school district as the departing member.

(3)   Selection of SDBAB members for SDBAB review. As specified in s. 117.05 (2) , Stats., the state superintendent shall appoint 7 members of the SDBAB to perform any review under ss. 117.10 (4) , 117.12 (5) and 117.132 , Stats. One member shall be the state superintendent or the state superintendent's designee. Two members each shall represent small, medium and large school districts. No member may participate in any review involving a school district in which the member resides or in which the member serves on or is employed by the school board, or in which the member may have any other conflict of interest.

(4)   Selection of SDBAB members for appeal panel review. As specified in s. 117.05 (1) , Stats., the state superintendent shall appoint 3 members of the SDBAB to perform any review under ss. 117.12 (4) and 117.13 (3) , Stats. One member each shall represent a small, medium and large school district. The state superintendent shall also appoint a non-voting chair and secretary to assist the panel. No SDBAB member may participate in any review involving a school district in which the member resides or in which the member is on or employed by the school board, or in which the member may have any other conflict of interest.

History: Cr. Register, October, 1990, No. 418 , eff. 11-1-90; am. (2) (a), Register, September, 1998, No. 513 , eff. 10-1-98.