Information for School Staff and Parent Organizations Regarding Referendum Communications and Activities

The following was largely prepared by Attorney Melissa Thiel Collar for educating Green Bay Areas Public School District staff about communication by staff and parent organizations about upcoming referendum questions. Changes have been made to adapt the materials more broadly for AWSA members.

According to the Wisconsin State Journal, there have been 166 school referendums this year, including 81 coming up on the November 8 ballot. More borrowing referenda are anticipated for the spring election as well. That is in addition to the 35 such questions that have already gone before school district voters this year. This Update is designed to educate building principals and other administrators regarding rights and restrictions surrounding communication about upcoming public school referenda.

Public school districts have the responsibility to provide information to the public about any bond or borrowing referenda. All school district materials must be strictly informational. A school board may make reasonable expenditures for the purpose of giving voters relevant facts to aid them in reaching an informed judgment when voting upon the question. Appropriate expenditures may include costs of brochures, newspaper advertisements, newsletters, or recordings.

School district resources, such as funding, staff time, technology, district/school sponsored publications, internet pages or videos, cannot be used to advocate for a specific position regarding any referendum. Words of advocacy such as “vote for,” “elect,” “support,” “cast your ballot for,” “vote against,” “defeat,” and “reject” cannot be used in school district official communication related to the referendum issue.

A Parent Organization is separate and distinct from a school district. Most school boards have policies regarding their Parent Organizations. For example, under the Green Bay Area Public School District’s Board of Education Policy 881.2, “a parent organization (PO) is an entity independent of the District organized for the purpose of supporting the education of children at a District school by fostering relationships among the school, parents and teachers, and/or providing financial support or volunteer assistance to the school.” Thus, the requirements noted above that apply to school district employees and the boards of education most likely do not apply to a parent organization.

The following may be helpful reminders to school district administrators and building principals:

The use of school buildings by any referendum advocacy group for any purpose must be coordinated through the district’s standard building permit/facility use process. Neither a “vote yes” group nor a “vote no” group will be given preferential access to school buildings.
When district staff are off duty (meaning on non-work hours), they can advocate for school referendums. Thus, during non-work hours a staff member who may also be a member of your parent organization could engage in referendum advocacy activities. However, at all times, staff will need to exercise careful judgment such that community members don’t perceive them to be acting in their official capacity as district employees.
If your parent organization wants to learn more information about the referendum from district employees, such as during work hours or other times in which staff is paid by the district, employees can provide neutral, factual information and educate the parent organization members about the referendum.
If your parent organization determines to engage in referendum advocacy work, school resources cannot be used (e.g., school copy machines, district computers networks, or email) to campaign or advocate for or against the referendum.

It is important to also note that if your parent organization determines to advocate for a particular position regarding the referendum, Wisconsin law regarding referendum committees may apply. According to the Wisconsin statutes, a “Referendum Committee” is defined as an entity organized by: any person, other than an individual, or any permanent or temporary combination of two or more persons unrelated by marriage that does not receive contributions or make disbursements for the purpose of influencing a candidate’s nomination or election. A referendum committee must also satisfy either of the following:

It has the major purpose of making expenditures to support or defeat a referendum, as specified in the entity’s organizational or governing documents, the entity’s bylaws, resolutions of the entity’s governing body, or registration statements filed by the entity; or
It uses more than 50 percent of its total spending in a 12−month period on expenditures made to support or defeat a referendum. In this subdivision, total spending does not include a committee’s fundraising or administrative expenses.

Some of the relevant requirements of a referendum committee include:

A new referendum committee must register within 10 days of passing the threshold of $10,000 of activity in a calendar year.
All referendum committees must register at the level where the referendum is occurring (State, County, Municipal or School District).
After picking the Committee Type of “Referendum Committee,” new registrants must indicate whether they support or oppose the referendum in question.
All committees are required to have an active treasurer.
Every referendum committee must have a campaign account and provide the name and address of the financial institution.

For additional information regarding Referenda Committees, please see this resource. Before establishing your own referenda committee, your parent organization may want to check to see if these already exist and may want to consider partnering with one of those committees.

This article was modified by Attorney Malina Piontek with the permission of Attorney Melissa Thiel Collar. AWSA is grateful for Attorney Thiel Collar’s willingness to share her article with our members. Keep in mind that this article was designed to provide you with general authoritative information and with commentary as a service to AWSA members. Please consult with your district’s legal counsel relevant to your school’s specific situation. You may direct your Level I call-in questions to Malina at 608-497-3037. You may email her at [email protected].