Iron River Grade School District 1 v. Bayfield County School Committee

142 N.W.2d 227, 31 Wis. 2d 7, 1966 Wisc. LEXIS 951
CourtWisconsin Supreme Court
DecidedMay 10, 1966
StatusPublished
Cited by8 cases

This text of 142 N.W.2d 227 (Iron River Grade School District 1 v. Bayfield County School Committee) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iron River Grade School District 1 v. Bayfield County School Committee, 142 N.W.2d 227, 31 Wis. 2d 7, 1966 Wisc. LEXIS 951 (Wis. 1966).

Opinion

Heffernan, J.

This case is another round in the battle for school-district reorganization that commenced in earnest in 1947. The battle that was commenced then has been substantially completed. In 1937 there were 7,777 school districts in the state; by the end of 1965 there were 541. In 1948 over 4,000 school districts were operating one room-one teacher graded schools; there are now less than 100.

This truly herculean reorganization was initiated by the exhaustive report and recommendations of the commission on improvement of the educational system, under the chairmanship of Senator Foster B. Porter, and under the research direction of Mr. M. G. Toepel. The hopes for the future work of the county school committees is best stated in the words of the commission: 1

[11]*11“The splendid work which has been done by county committees in bringing to the people the need for improved organization to provide better educational opportunities for our children, and the importance of the function in which they are engaged warrant the unqualified recommendation that the county school committees be continued.”

The county school committees previously established by the legislature were, as the result of this study, given the green light for comprehensive school-district reorganization. Under the statutory scheme adopted, reorganization was accomplished by county school committees’ orders following petition of electors of the county or upon the committee’s own motion creating, altering, or consolidating districts within the county 2 subject to referendum and appeal. Substantial reorganization was effected by legislation forcing the attachment of nonoperating districts to operating districts. Municipal boards and councils until 1965 3 were also empowered to reorganize school districts.4 In 1959, the legislature ordered that all territory in the state be attached to an operating high school district.

The figures cited above are testimony, statistically at least, to the effectiveness of school reorganization. In 1965 the county committees were abolished and replaced by area-wide agency school committees. That the high hopes that the commission in 1948 had for the county committees were realized is borne out by the following newspaper comment: 5

“If one were to pick Wisconsin’s major accomplishment of the postwar period, it would be this tremendous educational change. It has improved and equalized school opportunities as well as tax burdens. More than that, it stimulated unprecedented citizen interest and [12]*12participation in what is, after all, the bedrock of democracy — public education.
“For all this, great credit must go to the county committees, made up not of professional educators but of plain citizens. Despite sometimes bitter and unfair attack, they performed their difficult task with patience, tireless effort and determination. Here, surely, is exemplary citizenship for which the Wisconsin of today and the Wisconsin of tomorrow should be most grateful.”

The history of school-district reorganization in Bay-field county parallels the statewide experience. In 1937 there were 53 school districts in the county. At the end of 1964, only 10 school districts remained.

The Iron River school district itself has been embroiled in no less than 10 reorganizations or proposed reorganizations since 1948.6

As recently as April of 1965, the county school committee approved a petition and issued an order attaching the Iron River districts to the adjacent Ondossagon (Barksdale) district. This order was nullified by a referendum on May 11, 1965. The order now before the court, attaching 30% sections of the district to the South Shore district, went to a referendum and was approved on September 7, 1965. Shortly after the issuance of that order, the school committee ordered that the balance of the Iron River district be attached to the South Shore district. This order was voided by referendum on September 7,1965.

Appellants contend that the order appealed from leaves the remaining portion of the district financially unable to run its schools. The record shows that the detachment complained of took all but 5% sections of the town’s territory, depriving it of $1,924,648.05 of its tax base and leaving it with a valuation of $1,339,020.80. However, of the 123 students in the entire district, only [13]*13nine will go to the South Shore district, to which the detached area will be joined. Thus, the portion of the district remaining, with less than % of the area and little more than % of the valuation, will be obliged to provide education for about 92 per cent of the students of the original' district. It is substantially undisputed that the school district will be unable to finance its modest school budget within the limit of 25 mills allowed by sec. 40.22 (7), Stats. Even optimistically assuming that the district will be eligible for state aids, a deficit of over $20,000 will be incurred. Though it is conceivable that some economies might be effected, a realistic comparison of the anticipated revenues to budgeted expenses can only lead to the conclusion that it will be financially impossible to continue operating the school system.

It is the appellants’ contention that the school committee in adopting an order that leads to this result could not have followed the process of “sifting and winnowing,” which this court in Olson v. Rothwell (1965), 28 Wis. (2d) 233, 239, 137 N. W. (2d) 86, indicated was one criterion of reasonableness.

In determining whether the action of the committee was capricious, it would be well to review the facts of public record that were known to the school committee at the time of this order. That record shows that the Iron River high school, with an enrollment of 41, was the smallest high school in the state. It is, in fact, the only high school in the state with less than 50 pupils. In addition, it is the only high school district in the state that receives no state aids whatsoever.

In response to a request for state aids, the state superintendent of public instruction on August 20, 1963, wrote the following to the clerk of the district:

“This will acknowledge receipt of your Self-Evaluation Data Sheets for Basic or Integrated Aids.
“In view of the fact that your district has not been paid state aids for the past several years, we see no [14]*14justification in classifying your district to receive aids for the present fiscal year.
“We are concerned for the high school age youth in your area. They deserve a more comprehensive secondary school opportunity than you are offering. The tax burden with which your citizens are saddled is extremely high, especially in the light of the meager educational program offered. We cannot conscientiously ask the State of Wisconsin to share the cost of a program such as you offer. It is our earnest desire that this whole situation might be resolved as quickly as possible so that your children might have the kind of educational program they need and deserve. This department is willing and eager to help if you so desire.”

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Bluebook (online)
142 N.W.2d 227, 31 Wis. 2d 7, 1966 Wisc. LEXIS 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iron-river-grade-school-district-1-v-bayfield-county-school-committee-wis-1966.