119.61 Surplus property.

660 words·~3 min read·/wi/chapter-119/119-61-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section:

(a)“Education operator” means any of the following:

1. The operator of a charter school established under s. 118.40

(2r)or

(2x).

2. The operator of a private school.

3. The operator of a charter school established under s. 118.40

(2)or

(2m)that is not an instrumentality of the school district, as determined under s. 118.40

(7).

4. An individual or group that is pursuing a contract with an entity under s. 118.40

(b)or the director under s. 118.40

(2x)to operate a school as a charter school.

5. A person that is pursuing a contract with the board under s. 118.40

(2m)to operate a school as a charter school that is not an instrumentality of the school district.

6. An entity or organization that has entered into a written agreement with any of the operators identified in subds. 1. to 4. to purchase or lease a building within which the operator identified in subds. 1. to 4. will operate a school.

(b)“Eligible school building” means a school building in the school district operating under this chapter that satisfies any of the following:

1. The school building has been designated as surplus, underutilized, or vacant on any resolution adopted within the previous 5 years by the board, and the board is unable to demonstrate that the school building is no longer surplus, underutilized, or vacant.

2. The school building has been unused or satisfies any condition qualifying the building as an underutilized school building for a period of 12 consecutive months, including the 12 months preceding July 14, 2015.

(c)“Underutilized school building” means a school building that satisfies any of the following:

1. Less than 40 percent of the capacity of the school building is used for instruction of pupils on a daily, school day basis if any of the following applies:

a. The school building is not part of an active expansion plan. In this subd. 1. a. , an “active expansion plan” is one in which the board can demonstrate to the common council that expansion of pupil enrollment will occur in the school year following the school year in which less than 40 percent of the capacity of the building is used in the manner described in subd. 1. (intro.) .

b. Pupil enrollment in the school has declined in at least 2 of the 3 school years immediately preceding the school year in which less than 40 percent of the capacity of the building is used in the manner described in subd. 1. (intro.) .

c. The school was placed in one of the 2 lowest performance categories on the accountability report published for the school under s. 115.385

(1)for the school year in which less than 40 percent of the capacity of the building is used in the manner described in subd. 1. (intro.) and all of the following apply: the school building is located within 5 miles of another school building of the school district; that other school building serves the same or similar grade levels; and no more than 60 percent of the capacity of that other school building available for the instruction of pupils is being used in that other school building.

a. Subject to subd. 2. b. , the school building is not staffed on a full-time basis by a principal and instructional staff assigned exclusively to the school building.

b. A school building that is staffed on a full-time basis by instructional staff assigned exclusively to the school building is not an underutilized school building under this paragraph if the principal of the school also serves as the principal of another school.

3. The number of hours of pupil instruction offered in the school building in the previous school year was less than 80 percent of the number of hours of pupil instruction required to be scheduled under s. 121.02

(f).