Referendum not necessarily required for school districts to consolidate
By Valorie Brecht As the Greenwood and Loyal school districts consider what it would look like to consolidate, the TRG did some research to gain some clarity on the consolidation process. Per Wisconsin Statute 117.08(3), school districts are not legally required to hold and pass a referendum before consolidating, except under certain circumstances. The two school boards can simply vote to consolidate and are not required to go to referendum except if one of the school boards requests it or 10% of the electorate files a petition asking for a referendum.
Elise Murn of Robert W. Baird and Company, which conducted a fiscal feasibility study for the two school districts, provided further clarification in an email.
"Current state statutes do not require the Boards to bring consolidation before the community for a referendum. When consulting with DPI [the Department of Public Instruction] on this topic, even an 'advisory' referendum would be considered binding," Murn wrote. "A survey was suggested as an alternate method to assess the community's support of consolidation without referendum If one of the Boards requests the consolidation referendum OR if 10% of the electorate files a petition, a referendum will be held." Wis. Stat. 117.08 outlines the process for consolidation. The affected school districts may first adopt resolutions stating they will consider consolidating. The school boards of the affected districts may then request a resolution ordering consolidation. If they request such a resolution, by the following Aug. 1, both boards must adopt a resolution ordering consolidation. Failure to adopt a resolution ordering or denying consolidation constitutes a denial of the consolidation by that school board. If the school boards of each affected school district adopt a resolution ordering a consolidation, a referendum shall be held if, at the time of adopting the resolution, the school board of any affected district directs the holding of a referendum; or, if a referendum is directed via petition. The petition must be signed by at least 10% of the electors who reside in any affected school district and be filed with the clerk of the school district that has the highest equalized valuation of the affected school districts. If a referendum is held and the majority of votes cast in each school is in favor of consolidation, the school districts shall be consolidated on the following July 1. The Loyal and Greenwood school districts conducted a survey in February and March asking the public if they supported the consolidation of the two districts. In Loyal, 264 respondents (75%) said yes while 86 (25%) said no. In Greenwood, 152 (71%) said yes while 63 (29%) said no.
