This entire controversy pertains to the adjudication of the extent of the authority of the board to order the questioned merger of Districts 14 and 15. As we view it, two issues are involved:
1. Did the board's power to order alterations in vocational districts include the power to merge those districts?
2. If so, did the board have statutory authority on June 20, 1972, to order the merger of those districts on its own initiative, or was the power limited to approving or disapproving requests for alterations from the local district boards?
After the board had performed the function of assigning all vocational territory to districts under sec. 41.155, Stats. 1965, all prior to July 1, 1970, which authority we affirmed in the West Milwaukee Case,
In School District v. Callahan,
Respondents cite Black River Improvement Co. v. Halway,
Although the attorney general's opinion is entitled to whatever persuasive value it may have,
Although we conclude that the power to alter as contained in sec. 38.155 (3) (a), Stats. 1969, includes the power to merge vocational districts, in this instance the board did not have authority to act as it did on its own initiative.
This follows from the language of the statute itself and from the entire legislative history of that grant of authority. We are dealing here with sec. 38.155 (3) (a), Stats. 1969, which states:
"The boundaries of a district shall not be altered unless the alteration is approved by the board of vocational, technical and adult education."
"To be satisfied with; to confirm, ratify, sanction, or consent to some act or thing done by another; to sanction officially; to ratify; to confirm; to pronounce good; think or judge well of; admit the propriety or excellence of; be pleased with."
There are any number of cases which will support the definition that "approve" means to pass judgment on the actions of others. For example: ". . . `approved,' does not mean to select. It means, . . . `to confirm, ratify, sanction, or consent to some act or thing of another.'"
A word can have different meanings in different contexts. Sec. 38.155 (3) (b), Stats. 1969, details the procedure that local units must take to effectuate desired changes in district boundaries. Actions begun by local units are subject to final acceptance or rejection by the board. It is quite logical that the word "approved" in par. (a) refers to the approval power in par. (b). The
Sec. 38.155 (3), Stats., had its origins in sec. 41.155 (5), Laws of 1957, ch. 224.
Sec. 41.155, Stats. 1965, was repealed and re-created by Assembly Bill 501, Laws of 1965, ch. 292, which bill originally provided as follows:
"41.155 . . .
"(3) (a) The boundaries of a district shall not be altered until the district has been in operation at least 2 years.
"(b) The governing body of any municipality, county or school district operating a high school may request the state board to detach its territory from a district and attach it to another district. If the transfer is approved by the governing body of both districts involved, the state board may approve it. If the governing body of either district disapproves the transfer, the state board shall determine the case on its merits. [Same language as finally adopted.]
Substitute amendment 2A to Bill 501A added the following clause to proposed sub. (3) (a):
"except that eligible units may be included prior to July 1, 1970, upon voluntary action by the governmental units involved."
Sub. (3) (a) was finally amended to read:
"The boundaries of a district shall not be altered unless the alteration is approved by the state board of vocational, technical and adult education."
Sub. (3) (c) was amended by striking out the second sentence.
The trial court concluded that it was clear "from the foregoing that the municipalities and the school districts involved were concerned with their right to initiate and propose alterations in districts once a master plan had been adopted."
Sec. 41.155 of the new statute gave the board power to create a master plan for the state and to act by July 1, 1970, to include all areas of the state within vocational districts. Prior to that time the governing body of any county, municipality or school district operating a high school could elect to be constituted a vocational district if the state board agreed. The two-year restriction on alterations would have hindered voluntary reorganization as contemplated by the new law and that appears to be the reason for substitute amendment 2A. The elimination of the two-year restriction on boundary changes, as in the final version, made such an exception unnecessary. We do not think the trial court was warranted in concluding these changes evidenced a concern for alteration after the master plan was adopted. Rather the amendments
The phrase "unless the alteration is approved by the board of vocational, technical and adult education" in sec. 38.155 (3) (a), Stats. 1969, seems to have been added to remove the two-year restriction on successive alteration requests and thus give maximum opportunity to local units for voluntary inclusion in the new master plan in the districts with which they would prefer to be associated. The amendments do not show an intent to make clear that the board has power to make alterations on its own motion.
In the 1971 legislative session Senate Bill 434 repealed and re-created the statute here in controversy to take effect on July 1, 1972. The bill was enacted as ch. 154. Sec. 38.155 (3) (a) is now sec. 38.06 (2) (a), and provides:
"(2) (a) Upon order of the board, the boundaries of a district may be altered. Changes in boundary lines shall take effect on the July 1 next succeeding the date of such approval."
It seems to be accepted by both respondents and appellant, and the trial court that this language gives the board the power to order alterations on its own initiative —the power which the board contends it had under the previous wording also. We are not convinced that this is a correct assumption even given the positive nature of the language. It is generally presumed that a revisor's or revision bill (as this was) does not change the meaning of a statute even if it is reworded and rephrased in the reorganization.
Unlike the Welch Case, however, the words of the two corresponding sections here involved (sec. 38.155 (3) (a) and sec. 38.06 (2) (a)) are not identical. It is improper to use an apparent change in meaning to construe earlier language in a preceding statute which does not easily lend itself to that interpretation.
The board argues that its interpretation of its powers under the statute is entitled to weight because it had a hand in drafting the statute and it is charged with carrying out the legislative purpose. However, the rule that great weight is given to the practical interpretation of the officers charged with enforcement of a statute, does not apply unless the administrative practice is long continued, substantially uniform and without challenge by governmental authorities and courts.
Previous statutes dealing with the reorganization of primary and secondary education districts have clearly specified what actions may be taken on the motion of the reorganization authority itself. Sec. 40.30, Stats. 1939, states:
The same provision for action upon petition of an elector or its own motion is provided in secs. 40.03 and 40.06, Stats. 1955. This indicates that if the board was to be given authority to act on its own motion, the legislature would have used direct language to that effect as it did in other previous statutes involving school district reorganization.
The numerous cases cited by the appellant which have upheld the constitutionality of broad grants of power to school authorities are not controlling here because the question before us is not whether a grant is constitutional, but what power was granted by the terms of the statute. In West Milwaukee v. Area Board Vocational, Technical and Adult Education,
Although the board acted on its own initiative in ordering the merger of Districts 14 and 15, in the case of the earlier ordered merger of Districts 6 and 7 the board acted following petitions from the affected districts.
We conclude that the order of June 20, 1972, directing the merger of Districts 14 and 15 is void.
By the Court.—Judgment affirmed.