Laws of Wisconsin Relating to Common Schools, Free High Schools Industrial Schools, County Training Schools, County Agricultural Schools, State Graded Schools, Normal Schools, the State University, and County and City Superintendents, Teachers' Institutes, Textbooks, Etc

any decision made under the foregoing provisions may appeal therefrom in the manner provided by section 497. [1889 c. 472; Ann. Stats. 1889 s. 417a; 1897 c. 354; Stats. 1898 s. 417a]

ALTERATION OF DISTRICTS.

Notice of hearing. SECTION 418. Whenever the town board shall contemplate an alteration of a district they shall give at least five days' notice in writing to the clerk of the district or districts to be affected thereby, stating in such notice when and where they will be present to decide upon such proposed alteration; and such clerk or clerks shall immediately notify the other members of the board. No ferritory shall be detached from one district unless by the same order it be attached to another; and a district may be dissolved by attaching all its territory to other districts. [R. S. 1858 c. 23 s. 62; 1863 c. 155

s. 10; R. S. 1878 s. 418; Ann. Stats. 1889 s. 418; 1897 c. 354; Stats. 1898 s. 418] Notice; time within which change in district may be made. SECTION 419. In all cases where an alteration of the boundaries of a school district shall be made, the town board of supervisors shall, within three days thereafter, give notice thereof by filing a copy of the order so altering said school district, with the town clerk and also with the district clerk of each of the districts affected by such alteration. No alteration of any organized school district shall be made to take effect between the first day of December in any year, and the first day of April following. [R. S. 1858 c. 23 s. 63; 1863 c. 155 s. 11; 1868 c. 108 s. 1; R. S. 1878 s. 419; Ann. Stats. 1889 s. 419; 1897 c. 354; Stats. 1898 s. 419; 1903 c. 266 s. 1; Supl. 1906 s. 419; 1907 c. 118]

Joint districts, alteration. SECTION 419a. Whenever an application in writing, describing and clearly setting forth by use of usual and definite terms, and having for its purpose the alteration of the boundaries of any joint school district, signed by at least two members of the board of supervisors of any town in which any part of such joint school district is situated, shall be presented to the chairman of the town, mayor of the city or president of the board of trustees of the village, in which the schoolhouse of such joint district may be situated, such chairman, mayor of the city, or president of the village board, shall, upon receipt of such application or petition, fix a time for the joint meeting of the town boards of supervisors, and the city council, or the village board of trustees of all the municipalities in any way affected by said proposed change, which time shall not be less than ten or more than twenty days after the presentation to said officer of such petition or application. The officer to whom the application or petition is presented shall cause a written notice of the time and place of such meeting to be given to each supervisor, member of the council, or member of the village board of trustees entitled to be present at such meeting, which notice shall be served at least five days prior to the date fixed therefor. Such meeting shall be held at the schoolhouse in such joint district, unless some other convenient place shall be designated in the notice. If the chairman of the town, mayor of the city, or president of the board of village trustees, as the case may be, to whom such application shall be presented, neglect or refuse to fix the time and place or to give notice for the meeting as provided by this section, or if the supervisors, the city council, or the board of village trustees, or a majority thereof, of any town, city or village in any way interested or affected by the proposed change of school district boundaries, neglect or refuse to be present at such meeting or being present, neglect or refuse to hear and vote upon the application before them, the application shall be deemed denied, and an appeal may be had therefrom in similar manner, and with like effect as in other cases of denial. The provisions of sections 418, 419, 422, and 497 shall, as far as may be applicable, apply to the above proceedings. [1882 c. 280; 1887 c. 439; Ann. Stats. 1889 s. 419a; 1897 c. 354; Stats. 1898 s. 419a; 1901 c. 348 s. 1; 1903 c. 218 s. 1; Supl. 1906 s. 419a; 1907 c. 118]

Change of boundaries in joint school districts; application, how made. SECTION 4196. The board of supervisors of any town containing territory, now or hereafter, embraced within the boundaries of any joint school district may make the application provided for in section 1, whenever in their judgment such alteration will promote the welfare of the pupils residing in such town; and such board shall make such application whenever onethird of the voters residing in such town or two-thirds of the voters residing in that portion of such joint district, situate in such town, shall make and file with the town clerk a petition, praying that such alteration be made. [1903 c. 218 s. 2; Supl. 1906 s. 419b; 1907 c. 118]

See also 419b (1903 c. 218 s. 2).

Notice of meeting; order of consolidation. SECTION 419c. The officers to whom the application or petition is presented shall cause a written notice of the time and place of such meeting to be given to each supervisor, member of the council, or member of the village board of trustees, entitled to be present at such meeting, and to the clerk of each school district affected by the proposed change, which notice shall be served at least five days prior to the date fixed therefor. Such meeting shall be held at the schoolhouse, or some convenient place within the boundaries of the proposed consolidated school district. If the town board of supervisors or the town boards of supervisors, or the town board or boards of supervisors and the village board of trustees in which any part of the said school district shall be situated, shall by joint vote favor the consolidation of such school districts, they shall make an order to that effect, which order shall be duly filed in the office of the town clerk or village clerk of each of the towns or towns and village in which the school districts may wholly or in part lie, and thereafter such consolidated school district shall for all purposes whatsoever be considered one school district. [1911 c. 649] Appeal to state superintendent. SECTION 419d. If the officers upon whom the application shall be served shall refuse or neglect to fix the time and the place, or to give the notices for the meeting, or if the board of supervisors or the board of village trustees, or city council, or a majority thereof of any town, towns or village, or cities, in any way interested in or affected by the proposed change, shall neglect or refuse to hear and to vote upon the application before them, or if a majority of the town board of supervisors or town boards of supervisors or village board of trustees shall refuse to attend such meeting, then the application shall be deemed denied, and any person feeling himself aggrieved by the action taken by the town board of supervisors and trustees of the village, may appeal therefrom to the state superintendent in a similar manner and with like effect as in other cases. [1911 c. 649; 1911 c. 664 s. 155]

Transportation of pupils; state aid. SECTION 419e. In case two or more school districts shall be ordered consolidated, and in case the electors and school board of such consolidated school district shall maintain during any school year a first class rural school, a state graded school or free high school, and the grades below a free high school, and the electors of such consolidated school district shall direct the school board to transport all persons of school age living more than two miles from the school in such district, that may desire to attend school, then the state may repay to such school district ten cents per day for each such person living more than two miles from school, the distance to be measured by the nearest traveled highway, that was so transported to and attended school regularly for at least six months during the school year. [1911 c. 649; 1911 c. 664 s. 155, 163]

Duty of parents or guardians. SECTION 419f. In case the electors of any such consolidated school district shall desire to take advantage of the provisions of sections 419b to 419h, inclusive, relating to transportation, they may make arrangement with the parents, guardians or other persons to transport children living more than two miles from school; providing, that such parents, guardians or other persons shall provide for the transportation of the children a comfortable and convenient bus or wagon well supplied with protection against inclement weather, and shall actually transport or provide for the transportation of such children to the school for at least six months. [1911 c. 649; 1911 c. 664 s. 155]

Form of claim for state aid. SECTION 419g. Any board of the consolidated school district entitled to aid under the provisions of sections 419b to 419h, inclusive, shall, on or before the fifteenth day of July in each school year, make under oath a report to the state superintendent giving the name of each pupil transported more than two miles, the number of days each such pupil was transported, the mode of transportation, and the

total amount claimed by the district on account of all pupils residing more than two miles from school for whom transportation or transportation and tuition have been paid. Upon receipt of such report the state superintendent shall certify to the secretary of state the amount due such district, and the secretary of state shall thereupon issue a warrant in favor of such district, for such amount which shall be paid by the state treasurer to the treasurer of the district from the school funds provided for by section 1072a of the statutes. [1911 c. 649; 1911 c. 664 s. 155]

Appropriation. SECTION 419h. To carry out the provisions of this act there is hereby appropriated annually, out of the moneys assessed and collected under the provisions of section 1072a of the statutes, a sum sufficient to meet all the approved claims coming under the provisions of sections 419b to 419h, inclusive. [1911 c. 649; 1911 c. 664 s. 155]

Division of property. SECTION 420. If a new district be formed, in whole or in part, from one or more districts possessed of a schoolhouse or entitled to other property the town board, at the time of forming such new district, shall determine the proportion of the value of the schoolhouse and other property justly due to such new district according to the taxable property of the respective parts of such former district at the time of the division, and such amount of any debt due from the former district which would have been a charge upon the new had it remained in the former district shall be deducted from such proportion. [1863 c. 155 s. 12, 13; R. S. 1858 c. 23 s. 64, 65; 1863 c. 155 s. 12, 13; R. S. 1878 s. 420; Ann. Stats. 1889 s. 420; 1897 c. 354; Stats. 1898 s. 420]

Collection and application of money. SECTION 421. The town board shall certify to the district clerk of each district retaining a schoolhouse or other property the amount ascertained by them as the proportion due to the new district, and such amount shall be embodied in the next statement of taxes to be made by the district clerk to the town clerk as required by section 472, and shall be collected and paid to the treasurer of the new district to be applied toward providing a schoolhouse therefor; and the money so received shall be allowed to the credit of the taxable property taken from the district paying the same in reduction of any tax imposed on said taxable property in the new district for the building of the schoolhouse; but in case the new district shall have raised a tax and provided a schoolhouse before the receipt of such money, the treasurer thereof shall pay on demand to each taxpayer residing in the territory taken from the district paying the same the amount actually paid by him in schoolhouse taxes in excess of the amount he would have paid if the money had been received and credit given before such taxes were collected, and the treasurer shall be liable therefor on his official bond. [R. S. 1858 c. 23 s. 66; 1862 c. 270 s. 1; 1863 c. 155 s. 14; R. S. 1878 s. 421; Ann. Stats. 1889 s. 421; 1897 c. 354; Stats. 1898 s. 421]

Dissolution of joint school districts. SECTION 422. 1. Any school district organization of any kind, town free high schools and union free high schools excepted, consisting of territory lying in two or more towns, or in one or more towns and an incorporated village, or any city, shall be known and designated as a joint school district. Such district shall not be dissolved nor shall the boundaries thereof be changed except by joint action of the boards of supervisors of the towns, parts of which comprise such district, or joint action of the supervisors of the town or towns and the board of trustees of the village, or the joint action of the boards of supervisors of the town or towns and the common council of the city in interest, such action to be taken in accordance with the statutes governing and directing such action and proceedings.

2. Be it also provided that the incorporation of a village or a city within the boundaries of any school district shall not affect the organization or in any way disturb the rights and privileges of such district, except that such district shall thereafter be known as a joint district.

3. Be it further provided that the extension of the corporate limits of any village or city or the change of organization from a village to a city shall not in any way affect the boundaries of such joint district or disturb any of the rights and privileges of the residents of such district. Neither shall it be unlawful to attach to any village or city school district for school purposes only, part or all of the territory of an outlying contiguous school district.

4. Nothing in this section shall in any way affect or change any of the provisions of section 419a of the statutes, relating to the alterations of the boundaries of joint schoo! districts, or of sections 4196 to 419h, inclusive, of the statutes, relating to consolidation of several districts. [R. S. 1878 s. 422; Ann. Stats. 1889 s. 422; 1897 c. 354; Stats. 1898 s. 422; 1901 c. 304 s. 1; Supl. 1906 s. 422 1907 c. 118; 1913 c. 572]

Neglect to keep school. SECTION 423. If a district for two or more successive years neglect to maintain school as required by law, the town board of the town embracing the

district shall attach the same to such other adjoining district or districts in the town as they shall judge proper; and if the district be joint, then the town boards shall attach the respective parts thereof to other districts in their respective towns. This section shall not apply to any district which may provide for the instruction of its pupils in an adjoining or other district, as provided in subdivision 15, section 430. [1863 c. 155 s. 16; 1873 c. 56; 1874 c. 83; R. S. 1878 s. 423; Ann. Stats. 1889 s. 423; 1897 c. 354; Stats. 1898 s. 423]

Property of dissolved district. SECTION 424. Whenever a district shall be dissolved by reason of the attachment of all its territory to some other district, the town board, and in case of a joint district the town boards, shall take charge of the property belonging to the same at the time of its dissolution, dispose of the same by grant or otherwise, and apply the proceeds to the discharge of its debts, paying over the remainder, if any, to the treasurer, and in the case of more than one district, to the treasurers of the districts to which the territory has been attached, in proportion to the valuation of the property attached to each as appears from the last tax rolls of the respective towns. [1873 c. 56; 1874 c. 83; R. S. 1878 s. 421; Ann. Stats. 1889 s. 424; 1897 c. 354; Stats. 1898 s. 424]

MEETINGS.

Annual; report to. SECTION 425. The annual district meeting in all school districts shall be held on the first Monday of July, unless that be a legal holiday, in which case it hall be held on the next day at eight o'clock in the afternoon, and any annual meeting heretofore or hereafter held shall be valid notwithstanding any provision to the contrary n any special or local law. Provided, that that part of this section fixing the date and ime of the annual school district meeting shall not become effective until the third day of January, 1916. Any special meeting of any school district shall be held on the day called for at eight o'clock in the afternoon. It shall be the duty of the district board to meet on the Saturday immediately preceding the annual meeting, carefully examine the accounts of the treasurer, and make up a full and itemized report of all receipts and expenditures since the last annual meeting, of the amount in the hands of the treasurer or the amount of the deficit for which the district is liable, of the amount necessary to be raised by taxes for the support of the school for the ensuing year, and of the amount required to pay the interest or principal of any debt due or to become due during such year; which report shall be submitted in writing at the annual meeting and recorded by the clerk at length with the action thereon in the proceedings of the meeting. [R. S. 1858 c. 23 s. 9; 1863 c. 62; 1863 c. 155 s. 17; 1864 c. 434; 1868 c. 23; 1869 c. 6; R. S. 1878 s. 425; 1882 c. 69; 1883 c. 298; 1887 c. 96; Ann. Stats. 1889 s. 425; 1897 c. 354; Stats. 1898 s. 425; 1913 c. 448, 566; 1915 c. 181, 367, 530]

Notice. SECTION 426. The clerk shall give at least six days' previous notice of the annual meeting by posting notices therefor in four or more public places in the district, one of which shall be affixed to the outer door of the schoolhouse, if there be one in the district; and he shall give like notice for any adjourned meeting, if the adjournment be for more than one month; but no annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was wilful and fraudulent. [1863 c. 155 s. 18, 20; 1868 c. 23 s. 2; R. S. 1878 s. 426; Ann. Stats. 1889 s. 426; 1897 c. 354; Stats. 1898 s. 426]

Special meetings. SECTION 427. Special meetings shall be called by the clerk, or in his absence by the director or treasurer, on the written request of five legal voters of the district, and notices thereof specifying particularly the business to be transacted shall be posted in the manner prescribed for calling the annual meeting; and the electors when lawfully assembled at a special meeting shall have power to transact the same business as at the first or the annual meeting, except the election of officers, voting a tax to compensate the clerk and authorizing a change in textbooks. But no more than one such meeting to consider the same subject shall be held in the district in the same school year. No tax or loan or debt shall be voted at a special meeting unless three-fourths of the legal voters shall have been notified either personally or by a written notice left at their places of residence, stating the time, place and objects of the meeting, and specifying the amount. proposed to be voted, at least six days before the time appointed therefor, exclusive of the day on which the meeting is to be held. [1854 c. 80 s. 12; 1858 c. 138 s. 1; R. S. 1858 c. 23 s. 12; 1860 c. 352 s. 4; 1863 c. 155 s. 21; R. S. 1878 s. 427; Ann. Stats. 1889 s. 427; 1897 c. 354; Stats. 1898 s. 427]

Who may vote. SECTION 428. Every resident elector of the district shall be entitled to vote in any meeting, provided such elector has resided therein for at least thirty days next preceding any meeting. [1854 c. 80 s. 5; R. S. 1858 c. 23 s. 5; 1863 c. 155 s. 8; 1872

c. 174; R. S. 1878 s. 428; Ann. Stats. 1889 s. 428; 1897 c. 354; Stats. 1898 s. 428; 1899 c. 233 s. 1; Supl. 1906 s. 428; 1907 c. 118]

Women may vote. SECTION 428a. 1. Every woman who is a citizen of this state, of the age of twenty-one years or upwards (except paupers, persons under guardianship, and persons otherwise excluded by section two, of article three, of the constitution of Wisconsin), who has resided within the state one year, and in the election district where she offers to vote, ten days next preceding any election pertaining to school matters, shall have a right to vote at such election.

2. Separate ballot boxes shall be furnished at every election precinct in this state at every primary, general, municipal or special election for the use of women desiring to vote on said school matters, and separate ballots shall also be provided at said elections for the use of said women, except in such cities, towns and villages where voting machines are used with a device enabling the election officials to mechanically and automatically restrict women voters to those candidates and questions only on which they are by law permitted to vote. [1885 c. 211 s. 1; referendum vote 1886; Ann. Stats. 1889 s. 428a; 1897 c. 354; Stats. 1898 s. 12, 428a; 1899 c. 233 s. 2; 1901 c. 285 s. 1; Supl. 1906 s. 428a; 1907 c. 118; 1911 c. 384]

Proceedings on challenge. SECTION 429. If any person offering to vote at a school district meeting shall be challenged as unqualified by any legal voter in such district the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter; and if such person shall declare that he is a voter and if such challenge shall not be withdrawn the chairman shall tender him the following oath or affirmation: You do solemnly swear (or affirm, as the case may be) that you are an actual resident of this school district and that you are qualified according to law to vote at this meeting. And every person taking such oath or affirmation shall be permitted to vote on all questions proposed at such meeting; and if the person shall refuse to take such oath or affirmation his vote shall be rejected. [1854 c. 80 s. 6; R. S. 1858 c. 23 s. 6; 1863 c. 156 s. 9; 1872 c. 174 s. 2; R. S. 1878 s. 429; Ann. Stats. 1889 s. 429; 1897 c. 354; Stats. 1898 8. 4291 SECTION 430. The inhabitants of any school district qualified by law to vote at a school district meeting when assembled at the first and at each annual meeting in their district or at any adjournment thereof in their district shall have power:

Powers of meeting.

(1) To appoint a chairman for the time being, and in the absence of the clerk to appoint some person to act in his stead, and the person so appointed shall certify the proceedings of such meeting to the district clerk, who shall enter the same in the records of the district and file and preserve the certificate of such temporary clerk.

(2) To adjourn from time to time as occasion may require.

(3) To choose a director, treasurer and clerk. The election of all officers shall be by ballot and a majority of all the votes cast shall be necessary for a choice.

(4) To designate a site for a district schoolhouse.

(5) To vote such tax as the meeting shall deem sufficient to purchase or lease a suitable site for a schoolhouse, to build, hire or purchase a schoolhouse and to keep in repair and furnish the same with the necessary fuel and appendages..

(5a) Applications for loans to school districts duly authorized prior to the passage of subdivision 5, section 430 of the statutes (chapter 302, laws of 1913) are hereby validated and relieved of the restrictive provision relating to population and to powers of supervisors in force at that time.

(6) To vote such tax as the meeting shall deem proper for the payment of teachers' wages in the district.

(7) 1. To authorize and direct the sale of any schoolhouse, site or other property belonging to the district when the same shall be no longer needed for the use of the district.

2. To levy a tax for the purpose of paying to any surety or bonding company the -fee or consideration necessary to secure a bond indemnifying the district against any loss of moneys belonging to the district in the hands of the school district treasurer.

(8) To impose such a tax as may be necessary to discharge any debts or liabilities of the district lawfully incurred.

(9) To vote a tax not exceeding seventy-five dollars in any one year for the purchase of maps, blackboards and school apparatus.

(10) To vote a tax not exceeding one hundred dollars in any one year for a district library, consisting of such books as they may direct their district board, at a district meeting, to purchase, said books to be selected under the advice of the state superintendent; provided, that any school district having less than two hundred children of school age shall not vote a tax exceeding fifty dollars in any one year for such library;

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