2010AP829-AC School District of Stockbridge

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A resident school district may not limit the number of student transfers to nonresident school districts under sec. 118.51(6).

“The School District contends that because there is no language expressly removing the cap after the 2005-06 school year, this court should interpret Wis. Stat. § 118.51(6) as permitting school districts to continue to impose a ten percent limit. However, the language of the statute clearly and unambiguously lays out the manner in which the limitations are to be applied. It expressly states that school districts may impose a three percent cap for the 1998-99 school year and then, in the seven succeeding years, a school board may limit the number of resident student transfers to an additional one percent of its membership. Id. Because there are no express provisions for any school year beyond 2005-06 and no indication that the application of the 2005-06 percentage limits would be ongoing, the application of the percentage limits must end in 2005-06. Wood v. City of Madison, 2003 WI 24, ¶38, 260 Wis. 2d 71, 659 N.W.2d 31 (‘[C]ourts should not rewrite the clear language of [a] statute.’).”

Affirmed.

Recommended for publication in the official reports.

2010AP829-AC School District of Stockbridge

Dist. II, Calumet County, Poppy, J., Neubauer, J.

Attorneys: For Appellant: Thiel, John E., Appleton; For Respondent: Olsen, Bruce A., Madison

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