School District Unification and Consolidation Commission: final report

              SCHOOLD ISTRICT

UNIFICATIOANN D

CONSOLIDATION

COMMISSION

BACKGROUND

The 19- member School District Unification And Consolidation Commission was established

pursuant to Laws 2002, Chapter 316 ( also known as SB 1180). The Commission met three

times:

Thursday, October 3,2002.

Wednesday, October 23,2002.

Thursday, January 9,2003.

' Additionally, the Commission established a subcommittee, which met on November 4, 2002, to

review small and rural school district issues.

Representative John Huppenthal, Chairman

Representative Leah Landrum

Representative Marian McClure

Dr. Sandra Dowling, Cochairman

Susan Bitter Smith

Edward Boot

Michael Hunter

Tee Lambert

Carol Lee

Senator Linda Aguirre

Senator Tim Bee

Senator Marilyn Jarrett

Brett Agenbroad

Judy Bock

Dr. James Buchanan

Dr. Chuck Essigs

Jay Kaprosy

Dr. Mary Belle McCorkle

Keith Vaughn

PURPOSE

The Commission was charged with reviewing the following items:

1. Study the costs and benefits of unification or consolidation of school districts, or both,

including any potential savings associated with a reduction in administrative personnel.

2. Examine various models for unification or consolidation of school districts, or both,

taking into consideration the demographics of this state and academic research regarding the

optimal size of school districts.

3. Examine the impact of school district unification and consolidation, or both, on each

of the following:

( a) School district taxes and indebtedness.

( b) Academic curricula.

( c) Special services.

( d) School facilities.

( e) School personnel.

( f) Transportation of pupils.

( g) School district governance and elections.

( h) Desegregation orders and agreements.

( i) Extracurricular activities.

Additionally, the Commission is required to elect a chairman and a cochairman from its

members, which was accomplished at the first meeting. The Commission elected Rep. John

Huppenthal to serve as chairman and Dr. Sandra Dowling to serve as cochairman.

The Commission is required to submit a report of its findings and recommendations to the

Governor and the Legislature by November 15,2003.

The Commission is repealed from and after December 3 1,2003.

The Commission did not approve any formal recommendations.

Attachment 1:

Attachment 2:

Attachment 3 :

Attachment 4:

Attachment 5:

Attachment 6:

Attachment 7:

Attachment 8:

Attachment 9:

Attachment 10:

Attachment 1 1 :

Attachment 12:

Attachment 13 :

Attachment 14:

Attachment 15:

Attachment 16:

Attachment 17:

Attachment 18:

Attachment 19:

ATTACHMENTS

Agenda for Thursday, October 3,2002

Minutes for Thursday, October 3,2002

Laws 2002, Chapter 3 16 ( SB 1 180)

Select Statutes from Title 15, Chapter 4, Article 3, a document prepared by

Staff

Analysis of School District Administrative Costs for FY 2000- 01, a memo

provided by the Joint Legislative Budget Committee

Agenda for Wednesday, October 23,2002

Minutes for Wednesday, October 23,2002

Improving Student Achievement in Arizona: A Call to Action, a

report by the Governor's Task Force on Efficiency and Accountability in

K- 12 Education

Reduction in School District Administrative Costs Under Assumed

Unzjications, a memo provided by the Joint Legislative Budget Committee

Arizona Public School District's Dollars Spent in the Classroom, a

report to the Arizona Legislature in March 2002 by the Division of School

Audits of the Office of the Auditor General, State of Arizona

Dropout Rate Study: 2001- 2002 Annual Dropout Rates, a report by the

Arizona Department of Education

Union High School Districts and their Elementary " Feeder" Districts, a

document prepared by Staff

Small School Adjustment Districts, a document prepared by Staff

School Facilities In Arizona: An Examination Of The Relationships

Between And Among School Facilities Characteristics And

Educational Outcomes, by Interactive, Inc- A report provided by the

School Facilities Board

A Comprehensive Studv of the Organization of Kansas School

Districts, a report prepared for the Kansas State Board of Education by

Augenblick and Myers, Inc.

Revisiting Economies of Size in American Education: Are We Any

Closer to a Consensus?, a report by Mathew Andrews, William

Duncombe and John Yinger

Does School District Consolidation Cut Costs?, a report by William

Duncombe and John Yinger, Center for Policy Research at Syracuse

University

Subcommittee on Small School District Unification and Consolidation-

Agenda for November 4, 2002 ( no minutes were taken, but audio tapes of

the meeting are available at the Office of the Chief Clerk of the Arizona

House of Representatives)

Agenda for Thursday, January 9,2003

Attachment 20: Minutes for Thursday, January 9,2003

Attachment 21 : Factors Affecting Administrative Costs, a report to the Arizona

Legislature in November 2002 prepared by the Office of the Auditor

General, State of Arizona

Attachment 22: Comparison to National Data, a document prepared by the Office of the

Auditor General, State of Arizona

Attachment 23: A Case for Unification And Where Appropriate Consolidation of

School Districts in Arizona, a report in January 2003 prepared by Martin

L. Shultz

Attachment 24: School District Superintendent Salary with ADM, a document prepared by

Staff

Attachment 25 : Recommendation for further research by this Commission, a memo dated

January 9,2003 to the Commission members prepared by Michael Hunter

Printer Friendly Version

Attachment 1

ARIZONA STATE LEGISLATURE

Joint Interim Meeting Notice

Open to the Public

School Di~ trict~ Unificatioann d Consolidation Commission

I

DATE: Thursday, October 3,2002

TIME: 1: 00 p. m.

PLACE: House Hearing Room 4

AGENDA

1. Call to Order

2. Introductions and Opening Comments

3. Presentation by Staff

4. Presentation by Dr. Michael Ford, Kingman Unified School District l5. Ele ction of Chairman and Co- Chairman

6. Discussion

7. Determine Future Meeting Date

8. Adjourn

MEMBERS:

Senator Aguirre

Senator Bee

Senator Jarrett

Brett Agenbroad

Judy Boch

Dr. James Buchanan

Dr. Chuck Essigs

Jay Kaprosy

Carol Lee

Keith Vaughn

Representative Huppenthal

Representative Landrum

Representative McClure

Susan Bitter Smith

Edward Boot

Dr. Sandra Dowling

Michael Hunter

Tee Lambert

Dr. Mary Belle McCorkle

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e9' 2712002 People with disabilities may request reasonable accommodations such as interpreters,

alternative formats, or assistance with physical accessibility. If you require accommodations,

please contact the Chief Clerk's Office at 602- 542- 3032, ( TDD) 542- 6241.

School District Unification and Consolidation Commission

Attachment 2

---------- DOCUMENT HEADER ----------

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ARIZONA STATE LEGISLATURE

Forty- fifth Legislature - Second Regular Session

SCHOOL DISTRICT UNIFICATION AND

CONSOLIDATION COMMISSION

Minutes of Meeting

Wednesday, October 23, 2002

House Hearing Room 1 -- 9: 00 a. m.

( Tape 1, Side A - DID NOT RECORD)

Cochairman Dowling called the meeting to order at 9: 13 a. m. and attendance was noted by the secretary.

Members Present

Senator Bee

Senator Jarrett

Representative Landrum Taylor

Representative McClure

Representative Huppenthal, Chair

Brett Agenbroad Michael Hunter

Susan Bitter Smith Tee Lambert

Judy Boch Carol Lee

Edward E. Boot Dr. Mary Belle McCorkle

Dr. James Buchanan Keith Vaughan

Dr. Chuck Essigs Dr. Sandra Dowling, Cochair

Members Absent

Senator Aguirre Jay Kaprosy

Speakers Present

Brian Lockery, House Majority Research Analyst, Education Committee

Steve Schimpp, Senior Fiscal Analyst, Joint Legislative Budget Committee

Opening Remarks

Cochairman Dowling noted that some of the Members were not present at the previous meeting and

missed the introductions, so the Members proceeded to introduce themselves.

Chairman Huppenthal assumed the Chair.

3C11001 uistrlcl UniIlcatlun anu Lunaulluauull L U I L L I I ~ L ~ ~ I U I I

Presentation by Staff on Information Reauested by Commission Members

Brian Lockery. House Majority Research Analyst, Education Committee. reviewed documents requested

at the previous meeting that were collected or prepared by House. Senate and Joint Leeislative Budget

Committee ( JLBC) staff ( Attachments 1 through 11).

Chairman Huppenthal stated that he takes issue with the recommendation to set a standard relating to

minimum size ( Attachment 2). In northern Arizona, two elementary schools feed into a high school

district. One of the elementary schools is a one- school district with between

10 and 20 students, while the other elementary school is at least 10 times that size. The last

10 valedictorians at the high school were from the smaller school, and similar data is reflected in various

studies.

Mr. Hunter remarked that the recommendation does not necessarily relate to school size, but school

district size, to insure that school districts do not abuse taxpayers with high property tax rates.

Senator Jarrett commented that with consolidation, the small school would be eliminated, but with

unification, the small school may not be closed down. It is important to be carehl which term is used

because unification would allow for economy of scale as far as school districts are concerned, but not

necessarily consolidation and closing down schools, especially in rural areas where things are working

well and children have long distances to travel. She only wants to see schools run more efficiently with

less administrators.

Cochairman Dowling asked if research has been done about financial benefits or deterrents to a

completely unified system in Arizona versus the current elementary and unified system.

Mr. Lockery responded that he will find out. Cochairman Dowling noted that elementary and unified

districts have a different tax rate, and asked how that would be broken out.

Mr. Agenbroad related that he is from the Topac Elementary District, which is a one- school district with

164 students. He said he discussed consolidation with larger school districts, but feared that if

enrollment declined in those districts, Topac Elementary would be closed and students would be bused

to their schools. Also, Topac Elementary has a 7 to 1 student ratio, and he can see the students

combined with larger classes. Research shows that smaller size is optimal. He added that prior to Topac

Elementary being built in 1991, kindergarten and high school students met at the bus stop at 5: 00 a. m.

There was much concern about the students waiting during those dark hours, as well as mixing

kindergarten pupils with high school students.

Chairman Huppenthal remarked that not only is academic perfomlance improved as schools become

smaller, but teacher job satisfaction also rises. He con~ n~ entetdh at politicians talk about reducing

administrative costs, but it is a conlplcx task. Many administrators are pulling their own weight, helping

parents, and helping to make society a better place, but severe abuses are occurring that are hurting areas

of the state because of the high property tax rates that are taking away econon~ icd evelopment.

Mr. Agenbroad implied that the analysis by JLBC ( Attachment 3) is a " shell game" by the Legislature to

keep from funding education as it should be funded. He submitted that the quality of life in some of the

smaller districts is fantastic. He added that there are over 500 charter schools that are districts in

themselves and asked why unification of those under a public district is not being considered.

Mrs. McClure noted that Santa Cruz County has less than 9,000 total students. In targeting the school

district size of 20,000 students or less in a county and combining those into one school district

( Attachment 3), she pointed out that Nogales Unified has nothing in common with Sonoita Elementary.

School District Unification and Consolidation Commission Page 3 01 b

She fears there would be a one- size- fits- all approach that would eliminate the small school in Sonoita,

which is one of the better schools in the county.

Mr. Lockery pointed out that the four exemptions were used by staff to prepare the document to reflect

the savings that Senator Jarrett was looking for ( Attachment 3).

Senator Jarrett explained that funding is limited, especially next year when there may be serious cuts,

and people are hoping to get more dollars into the classroom. The document shows how much it will

cost in school administration if every elementary school that feeds into a high school is unified into one

district that would have the same educational goals. She indicated that she takes umbrage with the

implication that this is a " shell game" because no one is playing games in deciding where the money is

going to go. The largest amount of the budget already goes to education, but Arizona must also spend

many dollars on health care for illegal aliens.

Mr. Hunter submitted that the issues of unification and consolidation should not be the driving force.

The Arizona Tax Research Association's recommendation has never been that the state should have

some say in what optimal percentage of cost is. There are serious obstacles in how administrative costs

are reported, and in small school districts where the administrator drives a bus three days a week, for

example, hisher entire salary could be in the administrative column.

Senator Jarrett responded that the driving force is getting dollars to the classroon~ a nd teachers.

Mrs. Landrum Taylor referred to the breakdown of dollars into the classroom on pages 16 through 24

( Attachment 4) and asked why some are so low and others are so high. She also referred to the first

paragraph on page 7, which states that other factors, such as desegregation programs, which provide

additional funding to some school districts " do not appear to affect" the percentage. She indicated that

she would like to make sure it would not affect the percentage.

Mr. Essigs pointed out that when considering dollars spent in the classroom, it is important to remember

what is not included, such as the items outlined on page 4 ( Attachment 4).

Mr. Lockery advised Mrs. Landrum Taylor that a breakdown of factors associated with higher and lower

classroon~ s pending appears on pages 9 through 13 ( Attachment 4).

Cochairman Dowling indicated that she would like to know what is actually considered " administrative

costs." Senator Jarrett responded that there is not a definition, which is the problem.

Steve Schimpp, Senior F& c_ al Analyst, Jojjjt Legislative Budget Committee, related that in compiling the

document ( Attachnlent 3), he took a fairly conservative approach as far as inclusion of " administrative

costs."

Chairman Huppenthal said he can see how different school districts could classify those areas

differently. He asked if anyone 11~ rse \ iewed a high administrative cost district's classification process

and a low administrative cost district to see 1101~ d ollars are pigeonholed.

Mr. Schimpp stated that t~ vo different districts that are highly regarded classify phone expenses in a

slightly different manner, which affects costs.

Mr. Essigs remarked that snlallcr schools will have higher administrative costs because there will be

more principals.

3Ckl001 UlStrlCt Unilicati~ na nu L U I ~ ~ V ~ I U ~ LLU~ IVIIIIIIA IA~ AUII A - 3- ' "

Mr. Schimpp stated that he did not include operation- type issues in the study. The analysis was based

on the three categories and excluded everything else. In the introduction, he attempted to portray the

sense that the issue of what is or is not " administrative costs" is controversial.

Chairman Huppenthal indicated a need to find out who would deal with the issue in the

Auditor General's Office. He said legislation may be appropriate because if school districts are

classifying " administrative costs" differently, it might be helpful if those costs are delineated in statute

and approved by the Auditor General so there would be a standard across the board.

In reference to Attachment 5, Senator Jarrett stated that there is some confusion as to how dropouts are

reported because it is difficult to find out what happens to the students, some are home schooled, etc.

Mr. Essigs added that the largest category is the unknown.

( Tape 1, Side B - DID NOT RECORD)

Mr. Essigs added that with the Student Accountability Information System ( SAIS), school districts will

be able to track students between public schools and charter schools, but it will probably still be difficult

with private schools because their reporting is different; however, those schools represent a small part of

the state population.

When Mrs. Jarrett asked about students who are home schooled, Mr. Essigs explained that the county

system is not part of the SAIS because it is not funded with state dollars.

Cochairman Dowling related that affidavits must be filled out to report children who are home schooled,

but if it is not done, there is no record.

Regarding the potential through policy to reduce the dropout rate by unification or consolidation,

Chairman Huppenthal stated that data studies in the early 1990s showed that when ninth grade was

linked with eighth grade the dropout rate lowered dramatically. That cannot be done with a separate

unified school district, and many consolidated school districts do not organize in that manner. The only

way of entertaining the possibility would be to allow all elementary and unified school districts to open

up a ninth grade.

Ms. Lambert opined that better alignment of the curriculum so students can be successful would also

reduce the dropout rate because whether or not students are successful determines whether they will

finish high school.

Dr. Buchanan remarked that thc ability to trace the unknown student makes all the difference in dropout

rates. Another factor is the ad\, cnt of the charter school program, which gives young people who do not

fit well in large coniprchcnsi\~ ch igh schools another option.

The Members used as an csan~ plcth e Sentinel Elementary School District on the chart relating to Small

School Adjustment Distric~ s( Attach~ nen6t ). Mr. Lockery acknowledged that the adjustment per pupil

would be about $ 15,000 shot c and beyond the budget limits, so the total would be about $ 20,000 in the

maintenance and operation portion. He added that there is also capital.

Chairman Huppenthal stated tllat some of the case studies in which there appears to be abuse should be

tracked to determine if thcrc ih abuse.

Mr. Lockery stated that staff requested a copy of all superintendents' salaries in the state in order to

make a comparison with aircrage daily membership ( ADM), but only about half of the information has

been received, so more time is needed to compile all of the data.

School District Unification and Consolidation Commission Page 5 of 6

Regarding the report on School Facilities in Arizona ( Attachment 7), Mr. Boot related that this is the

first year of the study, and the second year study will be ready by the end of this calendar year. The

finding is that the larger the school, with the exception of Title 1, the better the results because there are

more programs, selectivity, specialization, generally more operating capital, and therefore, the school

becomes more efficient. That is not consistent with what everyone believed, but it is what the data

shows. He added that he is very interested to see what the data will show this year.

He advised Chairman Huppenthal that physical configurations and the isolation effect on teachers were

not examined. Chairman Huppenthal indicated that he is interested in the configuration issue because he

has seen some schools he would not want to work in. Mr. Boot related that there were four instances

where geographical schools were built so no student is riding the bus for one hour. When rural areas

have very small schools that are very far apart, consolidation makes little sense, but urban areas would

be different.

Mr. Hunter reviewed a handout containing revenue control limit ( RCL) and ADM data from JLBC and

House staff to which he added the type of school district and qualifying tax rate ( QTR). The chart shows

the funding that is drawn from property taxes in some districts compared to others. After some

discussion, Mr. Hunter suggested that a Working Group be formed to delve further into this issue.

Chairman Huppenthal announced that the Working Group will be composed of the following Members:

Mr. Huppenthal, Chairman

Mr. Hunter

Mr. Essigs

Next Meetin2

Chairman Huppenthal related that an e- mail will be sent out to advise the Members of the next meeting.

Mrs. McClure requested that future meetings begin at 9: 30 instead of 9: 00 a. m. for Members who have

to travel some distance.

Without objection, the meeting adjourned at 1052 a. m.

Linda Taylor, Committee Secretary

October 3 1,2002

( Original minutes and attachments are on file in the Office of the Chief Clerk.)

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SCHOOL DISTRICT UNIFICATION AND

CONSOLIDATION COMMISSION

Attachment 3

S t a t e o f A r i z o n a

Conference Engrossed

FILED

Senate

F o r t y - f i f t h L e g i s l a t u r e Beeey Bayless

Second R e g u l a r S e s s i o n Secretary of State

2002 Gmm 316

SENATE BILL 11 80

AN ACT

AMENDING SECTIONS 15- 341 AND 15- 342, ARIZONA REVISED STATUTES; RELATING TO

SCHOOL DISTRICTS.

( TEXT OF BILL BEGINS ON NEXT PAGE)

S. B. 1180

Be i t enacted by the Legislature of the State of Arizona:

Section 1. Section 15- 341, Arizona Revised S t a t u t e s , i s amended to

read:

15- 341. General Dowers and duties : immuni t v ; del esati on

A . The governing board s h a l l :

1. Prescribe and enforce policies and procedures f o r t h e governance

of the schools, not inconsistent with law or rules prescribed by the s t a t e

board of education.

2 . Maintain the schools established by i t for the attendance of each

pupil for a period of not less t h a n one hundred seventy- five school days or

two hundred school days, as applicable, or i t s equivalent as approved by the

superintendent of public instruction for a school d i s t r i c t operating on a

year- round operation basis, to offer a n educational program on the basis of

a four day school week or to offer an alternative kindergarten program on the

basis of a three day school week, in each school year, and i f the funds of

the d i s t r i c t are s u f f i c i e n t , for a longer period, and as far as practicable

with equal rights and privileges.

3. Exclude from schools a l l books. publications, papers or

audiovisual materi a1 s of a sectari an, partisan or denomi nati onal character.

4. Manage and control the school property within i t s d i s t r i c t .

5. Acqui re school f u r n i t u r e , apparatus, equipment, 1 i brary books and

supplies f o r t h e use of the schools.

6. Prescribe the c u r r i z l a and c r i t e r i a for the promotion and

graduation of pupils as provided in sections 15- 701 a n d 15- 701.01.

7 . Furnish, repair and insure, a t f u l l insurable value, the school

property of the d i s t r i c t .

8. Construct school buildings on approval by a vote of the d i s t r i c t

e l e c t o r s .

9. Make in the name of the d i s t r i c t conveyances of property belonging .

to the d i s t r i c t and sold by the board.

10. Purchase school s i t e s when authorized by a vote of the d i s t r i c t a t

a n election conducted as nearly as practicable in the same manner as the

election provided in section 15- 481 and held on a date prescribed in section

15- 491, subsection E , but such authorization shall not necessarily specify

the s i t e to be purchased and such authorization shall not be necessary to

exchange unimproved property as provided in section 15- 342. paragraph 23.

11. Construct, improve and furnish buildings used for school purposes

when such buildings or premises are leased from the national park service.

12. Purchase school s i t e s or construct, improve a n d furnish school

buildings from the proceeds of the sale of school property only on approval

by a vote of the d i s t r i c t e l e c t o r s .

13. Hold pupils to s t r i c t account for disorderly conduct on school

p r o p e ~ t y,

14. Discipline students for disorderly conduct on the way to and from

srhool .

S. B. 1180

15. Except as provided in section 15- 1224. deposit all monies received

by the d i s t r i c t as g i f t s , grants and devises with the county treasurer who

shall credit the deposits as designated in the uniform system of financial

records. If not inconsistent with the terms of the g i f t s , grants and devises

given, any balance remaining a f t e r expenditures for the intended purpose of

the monies have been made shall be used for reduction of school d i s t r i c t

taxes for the budget year, except t h a t in the case of accommodation schools

the county treasurer s h a l l carry the balance forward for use by the county

school superintendent for accommodation schools for the budget year.

16. Provide t h a t , i f a parent or legal guardian chooses not to accept

a decision of the teacher as provided in section 15- 521, paragraph 3, the

parent or legal guardian may request in writing t h a t the governing board

review the teacher's decision. Nothing in this paragraph shall be construed

to release school d i s t r i c t s from any l i a b i l i t y relating to a c h i l d ' s

promotion or retention.

17. Provide for adequate supervision over pupils in instructional and

noninstructional a c t i v i t i e s by c e r t i f i c a t e d or noncertificated personnel.

18. Use school monies received from the s t a t e and county school

apportionment exclusively for payment of s a l a r i e s of teachers a n d other

employees a n d contingent expenses of the d i s t r i c t .

19. Make a n annual report to the county school superintendent on or

before October 1 each year i n the manner and form and on the blanks

prescribed by the superintendent of pub1 i c instruction or county school

superintendent. The board s h a l l a l s o make reports directly to the county

school superintendent or the superintendent of public instruction whenever

requi red.

20. Deposit all monies received by school d i s t r i c t s other t h a n student

a c t i v i t i e s monies or monies from auxi 1 iary operations as provided in sections

15- 1125 and 15- 1126 with the county treasurer to t h e c r e d i t of the school

d i s t r i c t except as provided in paragraph 21 of t h i s subsection and sections

15- 1223 and 15- 1224, and the board shall expend the monies as provided by law

for other school funds.

21. Establish a bank account in which the board may during a month

deposit miscel laneous monies received d i r e c t l y by the d i s t r i c t . The board

shall remit monies deposited in the bank account a t l e a s t monthly to the

county treasurer for deposit as provided in paragraph 20 of t h i s subsection

a n d in accordance with the uniform system of financial records.

22. Employ a n attorney admitted to practice in t h i s s t a t e whose

principal practice i s in the area of commercial real e s t a t e , or a real estate

broker who i s licensed by t h i s s t a t e and who i s employed by a reputable

commercial real e s t a t e company. to negotiate a lease of five or more years

f o r the school d i s t r i c t i f the governing board decides to enter into a lease

cf f i v e 5r more years as lessor of school buildings or grounds as provided

i n section 15- 342. paragraph 7 or 10. Any lease of f i v e or more years

nezotiated pursuant to t h i s paragraph shall provide t h a t the lessee i s

S. B. 1180

r e s p o n s i b l e f o r payment o f p r o p e r t y t a x e s p u r s u a n t t o t h e r e q u i r e m e n t s o f

s e c t i o n 42- 11104.

23. P r e s c r i be and enforce pol i c i es and procedures f o r d i s c i p l i nary

a c t i o n a g a i n s t a t e a c h e r who engages i n conduct which i s a v i o l a t i o n o f t h e

p o l i c i e s o f t h e g o v e r n i n g board but which i s n o t cause f o r d i s m i s s a l o f t h e

teacher o r f o r r e v o c a t i o n o f t h e c e r t i f i c a t e o f t h e t e a c h e r . D i s c i p l i n a r y

a c t i o n may i n c l u d e suspension w i t h o u t pay f o r a p e r i o d of time n o t t o exceed

t e n school days. D i s c i p l i n a r y a c t i o n s h a l l n o t i n c l u d e suspension w i t h pay

o r suspension w i t h o u t pay f o r a p e r i o d o f t i m e l o n g e r than t e n school days.

The procedures s h a l l i n c l u d e n o t i c e , h e a r i n g and appeal p r o v i s i o n s f o r

v i o l a t i o n s which are cause f o r d i s c i p l i n a r y a c t i o n . The governing board may

designate a person or persons t o act on b e h a l f o f t h e board on t h e s e m a t t e r s .

24. P r e s c r i b e and e n f o r c e p o l i c i e s and procedures f o r d i s c i p l i n a r y

a c t i o n a g a i n s t an a d m i n i s t r a t o r who engages i n conduct which i s a v i o l a t i o n

o f the p o l i c i e s o f t h e governing board r e g a r d i n g d u t i e s of a d m i n i s t r a t o r s b u t

which i s n o t cause f o r d i s m i s s a l o f t h e a d m i n i s t r a t o r o r f o r r e v o c a t i o n o f

t h e c e r t i f i c a t e o f t h e admini s t r a t o r . D i s c i p l i n a r y a c t i o n may i n c l u d e

suspension w i t h o u t pay f o r a p e r i o d o f t i m e n o t t o exceed t e n school days.

Di s c i p l i nary a c t i o n s h a l l n o t i n c l ude suspension w i t h pay o r suspension

w i t h o u t pay f o r a p e r i o d o f t i m e l o n g e r t h a n t e n school days. The procedures

s h a l l i n c l u d e n o t i c e , hearing and appeal p r o v i s i o n s f o r v i o l a t i o n s which are

cause f o r d i s c i p l i n a r y a c t i o n . The g o v e r n i n g b o a r d may d e s i g n a t e a person

or persons t o a c t on b e h a l f o f t h e board on t h e s e m a t t e r s . For v i o l a t i o n s

which are cause f o r d i s m i s s a l , t h e p r o v i s i o n s o f n o t i c e , h e a r i n g and appeal

i n chapter 5, a r t i c l e 3 o f t h i s t i t l e s h a l l a p p l y . The f i l i n g o f a t i m e l y

request f o r a h e a r i n g suspends the i m p o s i t i o n o f a suspension w i t h o u t pay o r

a d i s m i s s a l pending c o m p l e t i o n o f t h e h e a r i n g .

25. N o t w i t h s t a n d i n g s e c t i o n 13- 3108, p r e s c r i b e and e n f o r c e p o l i c i e s

and procedures t h a t p r o h i b i t a person from c a r r y i n g o r possessing a weapon

on school grounds unless t h e person i s a peace o f f i c e r o r has o b t a i n e d

s p e c i f i c a u t h o r i z a t i o n from t h e school a d m i n i s t r a t o r .

26. P r e s c r i b e and e n f o r c e p o l i c i e s and procedures r e l a t i n g t o t h e

h e a l t h and s a f e t y o f a l l p u p i l s p a r t i c i p a t i n g i n d i s t r i c t sponsored p r a c t i c e

sessions, games o r o t h e r i n t e r s c h o l a s t i c a t h l e t i c a c t i v i t i e s , i n c l u d i n g t h e

p r o v i s i o n o f w a t e r . A school d i s t r i c t and i t s employees a r e immune from

c i v i l l i a b i l i t y f o r t h e consequences o f t h e good f a i t h a d o p t i o n and

i m p l e m e n t a t i o n o f p o l i c i e s and procedures p u r s u a n t t o t h i s paragraph.

2 7 . P r e s c r i b e and e n f o r c e p o l i c i es and procedures r e g a r d i n g t h e

smoking o f tobacco wi t h i n school b u i 1 d i n g s . The p o l i c i es and procedures

s h a l l be adopted i n c o n s u l t a t i o n w i t h school d i s t r i c t personnel and members

of t h e community and s h a l l s t a t e whether smoking i s p r o h i b i t e d i n school

b u i l d i n g s . If smoking i n school b u i l d i n g s i s n o t p r o h i b i t e d , t h e p o l i c i e s

ana prqcedures s h a l l c l e a r l y s t a t e t h e c o n d i t i o n s and c i r c u m s t a n c e s under

which smoking i s p e r m i t t e d , those areas i n a school b u i l d i n g which may be

S . B . 1 1 8 0

d e s i g n a t e d as smoking areas and those areas i n a school b u i l d i n g which may

n o t be d e s i g n a t e d as smoking areas.

2 8 . E s t a b l i s h an assessment, data g a t h e r i n g and r e p o r t i n g system as

p r e s c r i b e d i n c h a p t e r 7, a r t i c l e 3 o f t h i s t i t l e .

2 9 . Provide speci a1 e d u c a t i o n programs and re1 ated s e r v i c e s pursuant

t o s e c t i o n 1 5 - 7 6 4 , s u b s e c t i o n A t o a l l c h i l d r e n w i t h d i s a b i l i t i e s as d e f i n e d

i n s e c t i o n 1 5 - 7 6 1 .

3 0 . A d m i n i s t e r competency t e s t s p r e s c r i b e d by t h e s t a t e board o f

e d u c a t i o n f o r t h e g r a d u a t i o n o f p u p i l s from h i g h school.

31. Secure i n s u r a n c e coverage f o r a l l c o n s t r u c t i o n p r o j e c t s f o r

purposes o f general l i a b i l i t y , p r o p e r t y damage and workers' compensation and

secure performance and payment bonds f o r a l l c o n s t r u c t i o n p r o j e c t s .

32. Keep on f i l e t h e resumes o f a l l c u r r e n t and former employees who

p r o v i d e i n s t r u c t i o n t o p u p i l s a t a s c h o o l . Resumes s h a l l i n c l u d e an

i n d i v i d u a l ' s e d u c a t i o n a l and t e a c h i n g background and experience i n a

p a r t i c u l a r academic c o n t e n t s u b j e c t area. A school d i s t r i c t s h a l l i n f o r m

parents and guardians of t h e a v a i l a b i l i t y o f the resume i n f o r m a t i o n and s h a l l

make these a v a i l a b l e f o r i n s p e c t i o n on request o f parents and guardians of

pupi 1s e n r o l l e d a t a s c h o o l . Nothing i n t h i s paragraph s h a l l be c o n s t r u e d

t o r e q u i r e any school t o r e l e a s e p e r s o n a l l y i d e n t i f i a b l e i n f o r m a t i o n i n

r e l a t i o n t o any teacher o r employee i n c l u d i n g t h e t e a c h e r ' s o r employee's

address, s a l a r y , s o c i a l s e c u r i t y number o r t e l e p h o n e number.

- 3 3 . Report t o l o c a l law enforcement any suspected crimes a g a i n s t

persons o r p r o p e r t y and any i n c i d e n t s t h a t c o u l d p o t e n t i a l l y t h r e a t e n t h e

s a f e t y o r s e c u r i t y o f p u p i l s , teachers o r a d m i n i s t r a t o r s . A school d i s t r i c t

and i t s employees are immune from l i a b i l i t y f o r any good f a i t h a c t i o n s taken

i n f u r t h e r a n c e o f t h i s paragraph.

34. I n c o n j u n c t i o n w i t h l o c a l law enforcement and l o c a l medical

f a c i l i t i e s , develop an emergency response p l a n f o r each school i n the school

d i s t r i c t i n accordance w i t h minimum s t a n d a r d s developed j o i n t l y by t h e

department o f e d u c a t i o n and t h e d i v i s i o n o f emergency management w i t h i n t h e

department o f emergency and m i l i t a r y a f f a i r s .

3 5 . A n n u a l l y a s s i g n a t l e a s t one school d i s t r i c t employee t o

p a r t i c i p a t e i n a mu1 ti hazard c r i s i s t r a i n i n g program developed or s e l e c t e d

by t h e g o v e r n i n g board.

3 6 . PROVIDE WRITTEN NOTICE TO THE PARENTS OR GUARDIANS OF A L L STUDENTS

AFFECTED I N THE SCHOOL D I S T R I C T AT L E A S T T H I R T Y DAYS P R I O R TO A P U B L I C

MEETING TO D I S C U S S C L O S I N G A SCHOOL W I T H I N THE SCHOOL D I S T R I C T . THE N O T I C E

SHALL INCLUDE THE REASONS FOR THE PROPOSED CLOSURE AND THE T I M E AND PLACE OF

T H E M E E T I N G . THE GOVERNING BOARD S H A L L F I X A T I M E FOR A P U B L I C MEETING ON

THE PROPOSED CLOSURE NO LESS THAN T H I R T Y DAYS BEFORE VOTING I N A P U B L I C

MEETlNS TO CLOSE THE SCHOOL. THE SCHOOL D I S T R I C T GOVERNING BOARD SHALL G I V E

N O T I C E 3F THE T I M E AND PLACE OF THE M E E T I N G . AT THE T I M E AND PLACE

S E S I G N A l E D I N T H E N O T I C E , T H E SCHOOL D I S T R I C T GOVERNING BOARD S H A L L H E A R

ZEASONS F l l R OR A G A I N S T C L O S I N G THE SCHOOL. THE SCHOOL D I S T R I C T GOVERNING

S. B. 1180

BOARD IS EXEMPT FROM THE PROVISIONS OF THIS PARAGRAPH IF IT IS DETERMINED BY

THE GOVERNING BOARD THAT THE SCHOOL SHALL BE CLOSED BECAUSE IT POSES A DANGER

TO THE HEALTH OR SAFETY OF THE PUPILS OR EMPLOYEES OF THE SCHOOL.

B. Notwithstanding subsection A , paragraphs 8, 10 and 12 of t h i s

section, the county school superintendent may construct, improve and furnish

school buildings or purchase or s e l l school s i t e s in the conduct of an

accommodation school.

C. If any school d i s t r i c t acquires real or personal property. whether

by purchase, exchange, condemnation, g i f t or otherwise, the governing board

shall pay to the county treasurer any taxes on the property t h a t were unpaid

as of t h e d a t e of acquisition, including penalties and i n t e r e s t . The lien

for unpaid delinquent taxes, penalties and i n t e r e s t on property acquired by

a school d i s t r i c t :

1. Is not abated, extinguished, discharged or merged in the t i t l e to

the property.

2. Is enforceable in the same manner as other delinquent t a x l i e n s .

D. The governing board may not locate a school on property t h a t i s

l e s s than one- fourth mile from agricultural land regulated pursuant to

section 3- 365, except t h a t the owner of t h e a g r i c u l t u r a l land may agree to

comply with the buffer zone requirements of section 3- 365. If the owner

agrees in writing to comply with the buffer zone requirements and records the

agreement in the o f f i c e of the county recorder as a r e s t r i c t i v e covenant

running with the t i t l e to the land, the school d i s t r i c t may locate a school

within the affected buffer zone. The agreement may include any stipulations

regarding the school, including conditions for future expansion of the school

and changes in the operational s t a t u s of the school t h a t will r e s u l t in a

breach of the agreement.

E . A school d i s t r i c t ' s governing board members and i t s school council

members are immune from civil l i a b i l i t y f o r the consequences of adoption and

implementation of policies and procedures pursuant to subsection A of t h i s

section and section 15- 342. This waiver does not apply i f the school

d i s t r i c t ' s governing board members or i t s school council members are guilty

of gross negligence or intentional misconduct.

F . A governing board may delegate in writing to a superintendent,

principal or head teacher t h e a u t h o r i t y to prescribe procedures t h a t are

consistent with the governing board's p o l i c i e s .

G . Notwithstanding any other provision of t h i s t i t l e , a school

d i s t r i c t governing board shall not take any action t h a t would result in an

immediate reduction or a reduction within three years of pupil square footage

t h a t would cause the school d i s t r i c t t o f a l l below the minimum adequate gross

square footage requi rements prescribed in section 15- 2011, subsection C ,

unless the governing board n o t i f i e s the school f a c i l i t i e s board established

by section 15- 2001 of the proposed action and receives written approval from

the school f a c i l i t i e s board to take t h e a c t i o n . A reduction includes an

iccrease i n administrative space t h a t results in a reduction of pupi 1 square

S . B . 1180

footage or sale of school s i t e s or buildings, or both. The sale of equipment

that results in an immediate reduction or a reduction within three years t h a t

fa1 1 s below the equipment requirements prescribed in section 15- 2011,

subsection B i s subject to commensurate withholding of school d i s t r i c t

capital outlay revenue limit monies pursuant to the direction of the school

f a c i l i t i e s board. Except as provided in section 15- 342. paragraph 10,

proceeds from t h e s a l e of school s i t e s , buildings or other equipment shall

be deposited in the school plant fund as provided in section 15- 1102.

H . Subsections C through F of this section apply to a county board of

supervisors and a county school superintendent when operating and

administering an accommodation school.

Sec. 2. Section 15- 342, Arizona Revised S t a t u t e s , i s amended to read:

15- 342. Di screti onarv Dowers

The governing board may:

1. Expel pupils for misconduct.

2. Exclude from grades one through eight children under six years of

age.

3. Make such separation of groups of pupils as i t deems advisable.

4. Maintain such special schools during vacation as deemed necessary

for the benefit of the pupils of the school d i s t r i c t .

5. Permit a superintendent or principal or representatives of the

superintendent or principal to travel for a school purpose, as determined by

a majority vote of the board. The board may permit members and members- elect

of the board to travel within or without the school d i s t r i c t for a school

purpose and receive reimbursement. Any expenditure for travel and

subsistence pursuant t o t h i s paragraph shall be as provided in t i t l e 38.

chapter 4 , a r t i c l e 2. The designated post of duty referred to in section

38- 621 shall be construed, for school d i s t r i c t governing board members, t o

be the member's actual place of residence, as opposed to the school d i s t r i c t

o f f i c e or the school d i s t r i c t boundaries. Such expenditures shall be a

charge against the budgeted school d i s t r i c t funds. The governing board of

a school d i s t r i c t shall prescribe procedures and amounts for reimbursement

of lodging and subsistence expenses. Reimbursement amounts shall not exceed

the maximum amounts established pursuant to section 38- 624, subsection C .

6. Construct or provide in rural d i s t r i c t s housing f a c i l i t i e s for

teachers and other school employees which the board determines are necessary

for the operation of the school.

7 . Sell or lease to the s t a t e , a county, a city or a t r i b a l government

agency. any school property required for a public purpose, provided the sale

or lease of the property will not a f f e c t the normal operations of a school

within the school d i s t r i c t .

8. Annually budget a n d expend funds for membership in an association

of scncol d i s t r i c t s within t h i s s t a t e .

9 . Enter into leases or lease- purchase agreements for school buildings

or grotinds, or both, as lessor or as l e s s e e , f o r periods of less t h a n f i v e

S. B. 1180

years s u b j e c t t o v o t e r approval f o r c o n s t r u c t i o n o f school b u i 1 d i n g s as

p r e s c r i b e d i n s e c t i o n 15- 341, s u b s e c t i o n A, paragraph 8.

10. S u b j e c t t o chapter 16 of t h i s t i t l e . s e l l school s i t e s o r e n t e r

i n t o leases o r l e a s e - p u r c h a s e agreements f o r school b u i l d i n g s and grounds,

as l e s s o r or as l e s s e e , f o r a p e r i o d o f f i v e years o r more, b u t n o t t o exceed

n i n e t y - n i n e y e a r s , i f a u t h o r i z e d by a v o t e o f t h e school d i s t r i c t e l e c t o r s

i n an e l e c t i o n c a l l e d by the g o v e r n i n g board as p r o v i d e d i n s e c t i o n 15- 491,

except t h a t a u t h o r i z a t i o n by t h e school d i s t r i c t e l e c t o r s i n an e l e c t i o n i s

n o t r e q u i r e d i f one o f t h e f o l l o w i n g r e q u i r e m e n t s i s met:

( a ) The m a r k e t v a l u e of t h e school p r o p e r t y i s l e s s than f i f t y

thousand do1 1 a r s .

( b ) The b u i l d i n g s and s i t e s a r e c o m p l e t e l y funded w i t h monies

d i s t r i b u t e d by t h e school f a c i l i t i e s board.

( c ) The t r a n s a c t i o n i n v o l v e s t h e s a l e o f improved or unimproved

p r o p e r t y pursuant t o an agreement w i t h t h e school f a c i l i t i e s board i n which

t h e school d i s t r i c t agrees t o s e l l t h e improved o r unimproved p r o p e r t y and

t r a n s f e r the proceeds o f t h e s a l e t o t h e school f a c i l i t i e s board i n exchange

f o r monies from t h e school f a c i l i t i e s board f o r t h e a c q u i s i t i o n of a more

s u i t a b l e school s i t e . F o r a s a l e o f p r o p e r t y a c q u i r e d by a school d i s t r i c t

p r i o r t o J u l y 9 , 1998. a s c h o o l d i s t r i c t s h a l l t r a n s f e r t o t h e school

f a c i l i t i e s board t h a t p o r t i o n o f t h e proceeds t h a t equals t h e c o s t of t h e

a c q u i s i t i o n o f a more s u i t a b l e school s i t e . If t h e r e are any r e m a i n i n g

proceeds a f t e r t h e t r a n s f e r o f funds t o t h e school f a c i l i t i e s board, a school

d i s t r i c t s h a l l o n l y use those r e m a i n i n g proceeds f o r f u t u r e l a n d purchases

approved by t h e school f a c i l i t i e s board, o r f o r c a p i t a l improvements n o t

funded by the school f a c i l i t i e s board f o r any e x i s t i n g o r f u t u r e f a c i l i t y .

( d l The t r a n s a c t i o n i n v o l v e s t h e s a l e o f improved or unimproved

p r o p e r t y pursuant t o a f o r m a l l y adopted p l a n and t h e school d i s t r i c t uses the

proceeds of t h i s s a l e t o purchase o t h e r p r o p e r t y t h a t w i l l be used f o r .

s i m i l a r purposes as t h e p r o p e r t y t h a t was o r i g i n a l l y s o l d , p r o v i d e d t h a t t h e

s a l e proceeds o f t h e improved o r unimproved p r o p e r t y are used w i t h i n two

years a f t e r t h e d a t e o f t h e o r i g i n a l s a l e t o purchase t h e replacement

p r o p e r t y . If t h e s a l e proceeds o f t h e improved o r unimproved p r o p e r t y a r e

not used w i t h i n two years a f t e r t h e d a t e o f t h e o r i g i n a l s a l e t o purchase

replacement p r o p e r t y , t h e s a l e proceeds s h a l l be used towards payment of any

o u t s t a n d i n g bonded indebtedness. I f any s a l e proceeds remain a f t e r p a y i n g

f o r o u t s t a n d i n g bonded indebtedness, o r i f t h e d i s t r i c t has no o u t s t a n d i n g

bonded i n d e b t e d n e s s , s a l e proceeds s h a l l be used t o reduce t h e d i s t r i c t ' s

p r i m a r y t a x l e v y . A school d i s t r i c t s h a l l n o t use t h e p r o v i s i o n s o f t h i s

s u b d i v i s i o n u n l e s s a1 1 o f t h e f o l l o w i n g c o n d i t i o n s e x i s t :

( i The school d i s t r i c t i s t h e s o l e owner o f t h e improved o r

u n i m ~ r o v e d p r o p e r t y t h a t t h e school d i s t r i c t i n t e n d s t o s e l l .

( ii) The school d i s t r i c t d i d n o t purchase t h e improved or unimproved

p r o p e r t y t h a t t h e school d i s t r i c t i n t e n d s t o s e l l w i t h monies t h a t were

d i s t r i b u t e d p u r s u a n t t o chapter 16 o f t h i s t i t l e .

S. B. 1180

( i i i l The t r a n s a c t i o n does n o t v i o l a t e s e c t i o n 15- 341, s u b s e c t i o n G.

11. Review t h e d e c i s i o n of a teacher t o promote a p u p i l t o a grade o r

r e t a i n a p u p i l i n a grade i n a common school o r t o pass or f a i l a p u p i l i n

a course i n h i g h s c h o o l . The p u p i l has t h e burden o f proof t o o v e r t u r n t h e

d e c i s i o n o f a teacher t o promote. r e t a i n , pass o r f a i l t h e p u p i l . I n o r d e r

t o s u s t a i n t h e burden o f p r o o f , t h e p u p i l s h a l l demonstrate t o t h e governing

board t h a t the p u p i l has mastered the academic standards adopted by t h e s t a t e

board o f e d u c a t i o n pursuant t o s e c t i o n s 15- 701 and 15- 701.01. If t h e

g o v e r n i n g board o v e r t u r n s t h e d e c i s i o n o f a t e a c h e r pursuant t o t h i s

paragraph, the g o v e r n i n g board s h a l l adopt a w r i t t e n f i n d i n g t h a t t h e p u p i l

has mastered t h e academic s t a n d a r d s . N o t w i t h s t a n d i n g t i t l e 38, c h a p t e r 3.

a r t i c l e 3.1, the g o v e r n i n g board s h a l l r e v i e w t h e d e c i s i o n of a t e a c h e r t o

promote a p u p i l t o a grade o r r e t a i n a p u p i l i n a grade i n a common school

o r t o pass or f a i l a p u p i l i n a course i n h i g h school i n e x e c u t i v e session

unless a parent o r l e g a l guardian o f t h e p u p i l o r t h e p u p i l , if emancipated,

disagrees t h a t t h e r e v i e w s h o u l d be conducted i n e x e c u t i v e session and then

t h e review s h a l l be conducted i n an open meeting. If t h e review i s conducted

i n e x e c u t i v e s e s s i o n , the board s h a l l n o t i f y t h e t e a c h e r of t h e d a t e , t i m e

and p l a c e o f the r e v i e w and s h a l l a l l o w t h e t e a c h e r t o be p r e s e n t a t t h e

review. I f the teacher i s not present a t t h e review, the board s h a l l c o n s u l t

w i t h t h e t e a c h e r b e f o r e making i t s d e c i s i o n . Any r e q u e s t , i n c l u d i n g t h e

w r i t t e n request as p r o v i d e d i n s e c t i o n 15- 341, t h e w r i t t e n evidence presented

a t t h e review and t h e w r i t t e n r e c o r d o f t h e r e v i e w , i n c l u d i n g t h e d e c i s i o n

o f t h e governing board t o accept or r e j e c t t h e t e a c h e r ' s d e c i s i o n , s h a l l be

r e t a i n e d by t h e g o v e r n i n g board as p a r t o f i t s permanent r e c o r d s .

12. Provide t r a n s p o r t a t i o n o r s i t e t r a n s p o r t a t i o n l o a d i n g and unloading

areas f o r any c h i l d or c h i l d r e n if deemed f o r t h e b e s t i n t e r e s t o f t h e

d i s t r i c t , whether w i t h i n o r w i t h o u t t h e d i s t r i c t , county o r s t a t e .

13. Enter i n t o i n t e r g o v e r n m e n t a l agreements and c o n t r a c t s w i t h school

d i s t r i c t s o r o t h e r g o v e r n i n g b o d i e s as p r o v i d e d i n s e c t i o n 11- 952.

14. I n c l u d e i n t h e c u r r i c u l a which it p r e s c r i b e s f o r h i g h schools i n

t h e school d i s t r i c t v o c a t i o n a l and t e c h n o l o g i c a l e d u c a t i o n programs and

v o c a t i o n a l and t e c h n o l o g i c a l program improvement s e r v i ces f o r t h e h i g h

schools, s u b j e c t t o approval by t h e s t a t e board o f education. The governing

board may c o n t r a c t f o r t h e p r o v i s i o n o f v o c a t i o n a l and t e c h n o l o g i c a l

e d u c a t i o n as p r o v i d e d i n s e c t i o n 15- 789.

15. Suspend a teacher o r a d m i n i s t r a t o r from h i s d u t i e s w i t h o u t pay f o r

a p e r i o d o f time o f n o t t o exceed t e n school days, i f t h e board determines

t h a t suspension i s w a r r a n t e d p u r s u a n t t o s e c t i o n 15- 341. s u b s e c t i o n A.

paragraphs 23 and 24.

16. D e d i c a t e s c h o o l p r o p e r t y w i t h i n an i n c o r p o r a t e d c i t y o r town t o

suck c i t y or town o r w i t h i n a county t o t h a t county f o r use as a p u b l i c

r i g h t - o f - w a y i f b o t h of the f o l l o w i n g a p p l y :

S. B. 1180

( a ) Pursuant t o an o r d i n a n c e adopted by such c i t y . town o r c o u n t y ,

t h e r e wi 11 be c o n f e r r e d upon t h e school d i s t r i c t p r i v i 1 eges and b e n e f i t s

which may i n c l u d e b e n e f i t s r e l a t e d t o z o n i n g .

( b ) The d e d i c a t i o n w i l l n o t a f f e c t t h e normal o p e r a t i o n of any school

w i t h i n t h e d i s t r i c t .

17. E n t e r i n t o o p t i o n agreements f o r t h e purchase o f school s i t e s .

18. Donate s u r p l u s or o u t d a t e d l e a r n i n g m a t e r i a l s t o n o n p r o f i t

communi t y o r g a n i z a t i o n s where t h e g o v e r n i n g b o a r d d e t e r m i n e s t h a t t h e

a n t i c i p a t e d c o s t of s e l l i ng t h e 1 e a r n i n g m a t e r i a l s equals or exceeds t h e

e s t i m a t e d m a r k e t v a l u e o f the m a t e r i a l s .

19. P r e s c r i b e p o l i c i e s f o r t h e assessment o f r e a s o n a b l e f e e s f o r

s t u d e n t s t o use d i s t r i c t - p r o v i d e d p a r k i n g f a c i l i t i e s . The fees a r e t o be

a p p l i e d by t h e d i s t r i c t s o l e l y a g a i n s t c o s t s i n c u r r e d i n o p e r a t i n g o r

s e c u r i n g t h e p a r k i n g f a c i l i t i e s . Any p o l i c y adopted by t h e g o v e r n i n g board

pursuant t o t h i s paragraph s h a l l i n c l u d e a f e e w a i v e r p r o v i s i o n i n

a p p r o p r i a t e cases o f need o r economic h a r d s h i p .

20. E s t a b l i s h a l t e r n a t i v e e d u c a t i o n a l programs t h a t a r e c o n s i s t e n t w i t h

t h e laws o f t h i s s t a t e t o educate p u p i l s , i n c l u d i n g p u p i l s who have been

r e a s s i g n e d p u r s u a n t t o s e c t i o n 15- 841, s u b s e c t i o n E or F.

21. R e q u i r e a p e r i o d o f s i l e n c e t o be observed a t t h e commencement o f

t h e f i r s t c l a s s o f t h e day i n t h e s c h o o l s . If a g o v e r n i n g board chooses t o

r e q u i r e a p e r i o d o f s i l e n c e t o be observed, t h e teacher i n charge o f t h e room

i n which t h e f i r s t c l a s s i s h e l d s h a l l announce t h a t a p e r i o d o f s i l e n c e n o t

t o exceed one minute i n d u r a t i o n w i l l be observed f o r m e d i t a t i o n , and d u r i n g

t h a t t i m e no a c t i v i t i e s s h a l l t a k e p l a c e and s i l e n c e s h a l l be m a i n t a i n e d .

22. Require s t u d e n t s t o wear u n i f o r m s .

2 3 . Exchange unimproved p r o p e r t y o r improved p r o p e r t y , i n c l u d i n g school

s i t e s , where t h e g o v e r n i n g board d e t e r m i n e s t h a t t h e improved p r o p e r t y i s

unnecessary f o r t h e c o n t i n u e d o p e r a t i o n o f t h e school d i s t r i c t w i t h o u t

r e q u e s t i n g a u t h o r i z a t i o n by a v o t e o f t h e school d i s t r i c t e l e c t o r s i f t h e

g o v e r n i n g b o a r d d e t e r m i n e s t h a t t h e exchange i s necessary t o p r o t e c t t h e

h e a l t h , s a f e t y o r w e l f a r e o f p u p i l s o r when t h e g o v e r n i n g b o a r d d e t e r m i n e s

t h a t t h e exchange i s based on sound business p r i n c i p l e s f o r e i t h e r :

( a ) Unimproved o r improved p r o p e r t y o f equal o r g r e a t e r v a l u e .

( b ) Unimproved p r o p e r t y t h a t t h e owner c o n t r a c t s t o improve i f t h e

value of t h e p r o p e r t y u l t i m a t e l y r e c e i v e d by t h e school d i s t r i c t i s o f equal

o r g r e a t e r v a l u e .

24. For common and h i g h school p u p i l s . assess reasonable fees f o r

o p t i o n a l e x t r a c u r r i c u l a r a c t i v i t i e s and programs conducted when t h e common

o r h i g h school i s n o t i n s e s s i o n , e x c e p t t h a t no fees s h a l l be charged f o r

p u p i l s ' access t o or use o f computers o r r e l a t e d m a t e r i a l s . For h i g h school

p u p i l s , t h e g o v e r n i n g board may assess r e a s o n a b l e f e e s f o r f i n e a r t s and

v o c a t s o n a l e d u c a t i o n courses and f o r o p t i o n a l s e r v i c e s , equipment and

m a t e r i a i s o f f e r e d t o t h e p u p i l s beyond those r e q u i r e d t o s u c c e s s f u l l y

complete t h e b a s i c r e q u i rements o f any o t h e r c o u r s e , e x c e p t t h a t no fees

S. B. 1180

shall be charged for pupils' access t o or use of computers or related

materials. Fees assessed pursuant t o t h i s paragraph shall be adopted a t a

public meeting a f t e r notice has been given to a l l parents of pupils enrolled

a t schools in the d i s t r i c t and shall not exceed t h e actual costs of the

a c t i v i t i e s , programs, services, equipment or materials. The governing board

shall authorize principals to waive the assessment of a l l or part of a fee

assessed pursuant t o t h i s paragraph i f i t creates an economic hardship for

a pupi 1. For the purposes of t h i s paragraph, " e x t r a c u r r i c u l a r a c t i v i t y "

means any o p t i o n a l , noncredit, educational o r r e c r e a t i o n a l a c t i v i t y which

supplements the education program of the school, whether offered before.

during or a f t e r regular school hours.

25. Notwithstanding section 15- 341, subsection A . paragraphs 8 and 10.

construct school buildings and purchase or lease school s i t e s , without a vote

of the school d i s t r i c t e l e c t o r s , i f the buildings and s i t e s are t o t a l l y

funded from one or more of the following:

( a ) Monies in t h e u n r e s t r i c t e d c a p i t a 1 outlay fund, except t h a t the

estimated cost shall not exceed two hundred f i f t y thousand d o l l a r s for a

d i s t r i c t t h a t u t i l i z e s the provisions of section 15- 949.

( b ) Monies d i s t r i b u t e d from the school faci 1 i t i e s board established

by section 15- 2001.

( c ) Monies specifically donated f o r the purpose of constructing school

bui 1 di ngs.

Nothing in t h i s paragraph shall be construed to eliminate the requirement for

an election t o r a i s e revenues for a c a p i t a l outlay override pursuant t o

section 15- 481 or a bond election pursuant to section 15- 491.

26. Conduct a background i n v e s t i g a t i o n t h a t includes a f i n g e r p r i n t

check conducted pursuant to section 41- 1750, subsection G for c e r t i f i c a t e d

personnel and personnel who are not paid employees of the school d i s t r i c t .

as a condition of employment. A school d i s t r i c t may release the r e s u l t s of

a background check to another school d i s t r i c t for employment purposes. The

school d i s t r i c t may charge the costs of f i n g e r p r i n t checks to i t s

fingerprinted employee, except t h a t the school d i s t r i c t may not charge the

costs of f i n g e r p r i n t checks for personnel who are not paid employees of the

school d i s t r i c t .

27. Sell advertising space on the e x t e r i o r of school buses as follows:

( a ) Advertisements shall be age appropriate and not contain promotion

of any substance t h a t i s i 1 legal for minors such as a1 coho1 , tobacco and

drugs or gambling. Advertisements shall comply with the s t a t e sex education

policy of abstinence.

( b) Advertising approved by the governing board may appear only on the

sides of the bus i n ' t h e following areas:

( i 1 The s i g n s s h a l l be below t h e s e a t level rub rai 1 a n d not extend

above ~ h ebo ttom of the side windows.

S. B. 1180

( i i ) The signs shall be a t l e a s t three inches from any required

l e t t e r i n g , lamp, wheel well or r e f l e c t o r behind the service door or stop

signal arm.

( i i i 1 The signs shall not extend from the body of the bus s o a s to

allow a handhold or present a danger to pedestrians.

( i v ) The signs shall not i n t e r f e r e with the operation of any door or

wi ndow .

( v ) The signs shall not be placed on any emergency doors.

( c ) Establish a school bus advertisement fund t h a t i s comprised of

revenues from the s a l e of advertising space on school buses. The monies in

a school bus advertisement fund are not subject to reversion and s h a l l be

used f o r t h e following purposes:

( i ) To comply with the energy conservation measures prescribed i n

section 15- 349 in school d i s t r i c t s t h a t are in area A as defined in section

49- 541, and any remaining monies shall be used to purchase a l t e r n a t i v e fuel

support vehicles and any other pupil related costs as determined by the

governing board.

( i i ) For any pupil r e l a t e d c o s t s as determined by the governing board

in school d i s t r i c t s not subject to the provisions of item ( i ) of t h i s

subdi vi s i o n .

28. Assess reasonable damage deposits t o pupils i n grades seven

through twelve f o r t h e use of textbooks, musical instruments, band uniforms

or other equipment required for academic courses. The governing board shall

adopt p o l i c i e s on any damage deposits assessed pursuant t o t h i s paragraph a t

a public meeting c a l l e d for t h i s purpose a f t e r providing notice t o a l l

parents of pupils in grades seven through twelve i n t h e school d i s t r i c t .

Principals of individual schools within the d i s t r i c t may waive the damage

deposit requirement f o r any textbook or other item i f the payment of the

damage deposit would create an economic hardship for the pupil. The school

d i s t r i c t shall return the f u l l amount of the damage deposit for any textbook

or other item i f the pupil r e t u r n s t h e textbook or other item in reasonably

good condition within the time period prescribed by the governing board. For

the purposes of t h i s paragraph. " in reasonably good condition" means the

textbook or other item i s in the same or a s i m i l a r condition as i t was when

the pupil received i t , plus ordinary wear and t e a r .

29. NOTWITHSTANDING SECTION 15- 1105. EXPEND SURPLUS MONIES IN THE

CIVIC CENTER SCHOOL FUND FOR MAINTENANCE AND OPERATIONS OR UNRESTRICTED

CAPITAL OUTLAY, IF SUFFICIENT MONIES ARE AVAILABLE IN THE FUND AFTER MEETING

THE NEEDS OF PROGRAMS ESTABLISHED PURSUANT TO SECTION 15- 1105.

30. NOTWITHSTANDING SECTION 15- 1143, EXPEND SURPLUS MONIES IN THE

COMMUNITY SCHOOL PROGRAM FUND FOR MAINTENANCE AND OPERATIONS OR UNRESTRICTED

CAPITAL OUTLAY, IF SUFFICIENT MONIES ARE AVAILABLE IN THE FUND AFTER MEETING

THE KEEDS OF PROGRAMS ESTABLISHED PURSUANT TO SECTION 15- 1142.

S. B. 1180

Sec. 3. School d i s t r i c t u n i f i c a t i o n and consol i d a t i o n

commission: membership: d u t i e s

A. The school d i s t r i c t u n i f i c a t i o n and consol i d a t i o n commission i s

e s t a b l i s h e d c o n s i s t i n g o f t h e f o l l o w i n g members:

1. Three members o f t h e house o f r e p r e s e n t a t i v e s , no more than two o f

whom a r e members o f the same p o l i t i c a l p a r t y . who are a p p o i n t e d by t h e

speaker o f t h e house o f r e p r e s e n t a t i v e s .

2. Three members o f t h e senate, no more than two o f whom are members

of t h e same p o l i t i c a l p a r t y , who are a p p o i n t e d by t h e p r e s i d e n t o f t h e

s e n a t e .

3. The s u p e r i n t e n d e n t of p u b l i c i n s t r u c t i o n o r t h e s u p e r i n t e n d e n t ' s

d e s i gnee.

4. The e x e c u t i v e d i r e c t o r o f t h e school f a c i l i t i e s board o r t h e

e x e c u t i v e d i r e c t o r ' s designee.

5. One member o f an o r g a n i z a t i o n t h a t r e p r e s e n t s t a x p a y e r s i n t h i s

s t a t e who i s a p p o i n t e d by t h e speaker o f t h e house o f r e p r e s e n t a t i v e s .

6. One member who has e x p e r t i s e i n school f i n a n c e and who i s appointed

by t h e p r e s i d e n t o f t h e senate.

7. One member who has e x p e r t i s e i n demographics and who i s a p p o i n t e d

by t h e speaker o f t h e house o f r e p r e s e n t a t i v e s .

8. One member who i s employed as a t e a c h e r i n a school d i s t r i c t i n

t h i s s t a t e and who i s a p p o i n t e d by t h e p r e s i d e n t o f t h e senate.

9. One member who i s an e l e c t e d school d i s t r i c t governing board member

o f a school d i s t r i c t t h a t q u a l i f i e s f o r t h e s m a l l s c h o o l a d j u s t m e n t

p r e s c r i b e d i n s e c t i o n 15- 949. Arizona Revised S t a t u t e s , and who i s appointed

by t h e speaker o f t h e house o f r e p r e s e n t a t i v e s .

10. One member who i s an e l e c t e d school d i s t r i c t g o v e r n i n g b o a r d

member o f a u n i f i e d school d i s t r i c t and who i s a p p o i n t e d by the p r e s i d e n t o f

t h e senate.

11. One member who i s a superintendent o f a common school d i s t r i c t and

who i s a p p o i n t e d b y t h e speaker o f t h e house o f r e p r e s e n t a t i v e s .

1 2 . One member who i s a superintendent o f a union h i g h school d i s t r i c t

and who i s a p p o i n t e d by t h e p r e s i d e n t o f t h e senate.

13. One member who i s a c o u n t y s c h o o l s u p e r i n t e n d e n t and who i s

a p p o i n t e d by t h e speaker o f t h e house o f r e p r e s e n t a t i v e s .

14. One member who i s t h e parent o f a c h i l d e n r o l l e d i n a k i n d e r g a r t e n

program o r any grade one through e i g h t i n a school d i s t r i c t i n t h i s s t a t e and

who i s appointed by t h e p r e s i d e n t o f t h e senate.

15. One member who i s t h e parent o f a c h i l d e n r o l l e d i n any grade n i n e

t h r o u g h t w e l v e i n a school d i s t r i c t i n t h i s s t a t e and who i s appointed by the

speaker of the house o f r e p r e s e n t a t i v e s .

3. The commission s h a l l e l e c t a c h a i r p e r s o n and a cochai rperson from

t h e meinhers. A quorum s h a l l c o n s i s t o f a m a j o r i t y o f t h e members.

C. The commission s h a l l :

S. B. 1180

1. Study t h e c o s t s and b e n e f i t s o f u n i f i c a t i o n o r c o n s o l i d a t i o n o f

school d i s t r i c t s , o r b o t h , i n c l udi ng any p o t e n t i a1 savings a s s o c i a t e d w i t h

a r e d u c t i o n i n a d m i n i s t r a t i v e p e r s o n n e l .

2. Examine v a r i o u s models f o r u n i f i c a t i o n or c o n s o l i d a t i o n o f school

d i s t r i c t s , o r b o t h , t a k i n g i n t o c o n s i d e r a t i o n t h e demographics o f t h i s s t a t e

and academic research r e g a r d i n g t h e o p t i m a l s i z e o f school d i s t r i c t s .

3. Examine t h e impact o f school d i s t r i c t u n i f i c a t i o n and

c o n s o l i d a t i o n , o r b o t h , on each o f t h e f o l l o w i n g :

( a ) School d i s t r i c t taxes and i n d e b t e d n e s s .

( b ) Academi c c u r r i c u l a.

( c) S p e c i a l s e r v i c e s .

( d l School f a c i l i t i e s .

( e l School p e r s o n n e l .

( f ) T r a n s p o r t a t i o n o f p u p i l s .

( g ) School d i s t r i c t governance and e l e c t i o n s .

( h ) D e s e g r e g a t i o n o r d e r s and agreements.

( i 1 E x t r a c u r r i c u l a r a c t i v i t i e s .

4. Submit a r e p o r t t h a t summarizes i t s f i n d i n g s and recommendations.

i n c l u d i n g any proposed l e g i s l a t i o n f o r i n t r o d u c t i o n i n t h e f o r t y - s i x t h

l e g i s l a t u r e , second r e g u l a r s e s s i o n , t o t h e g o v e r n o r , t h e p r e s i d e n t o f t h e

senate and t h e speaker o f t h e house o f r e p r e s e n t a t i v e s on or b e f o r e November

15. 2003. A copy o f t h i s r e p o r t s h a l l be d e l i v e r e d t o t h e s e c r e t a r y o f s t a t e

and t h e d i r e c t o r o f t h e Arizona s t a t e l i b r a r y , a r c h i v e s and p u b l i c r e c o r d s .

Sec. 4. Delayed r e p e a l

S e c t i o n 3 o f t h i s a c t , r e l a t i n g t o t h e school d i s t r i c t u n i f i c a t i o n and

c o n s o l i d a t i o n commission. i s repealed from and a f t e r December 31. 2003.

GOVERMlR MAY 29, 2002,

Select Statutes from Title 15, Chapter 4. Article 3 Attachment 4

15- 443. Formation of new common school district

A. New common school districts may be formed in unorganized territory on presentation to the

county school superintendent of a petition which:

1. Is signed by the parents or guardians of at least ten pupils. Persons who sign the petition shall:

( a) Be residents of the proposed new common school district.

( b) Reside more than four miles from any school district schoolhouse.

2. Set forth the boundaries of the proposed common school district.

B. For any common school district formed after July 1, 1988, the tax rate levied for the district shall

be at a rate not less than the rate prescribed in section 15- 971, subsection B, paragraph 2. Any monies

received from the tax levy in excess of the additional amounts prescribed in section 15- 991 shall be deposited

in the state general fund.

15- 444. Formation of union high school district; petition for establishment; election; notice

A. Two or more adjoining school districts jointly having a student count of not less than two hundred

pupils and an assessed valuation of not less than two million dollars may unite and form a union high school

district. No union high school district may be formed of territory already embodied in a union high school

district unless the remaining territory of the original union high school district is contiguous and has an

assessed valuation of not less than five million dollars.

B. If a majority of the governing boards of each of two or more adjoining school districts unites in a

petition to the county school superintendent for establishment of a union high school district, or if ten per cent

of each of two or more adjoining school districts unite in a petition for establishment of a union high school

district, the county school superintendent shall call an election to be held at the next regular election of the

governing board, if within ninety days after receipt of the petition, to determine the question, or a special

election called for that purpose within sixty days.

C. Public notices of the election, not less than three in each school district comprising the proposed

union high school district, shall be posted, one to be upon the door of the schoolhouse in each district, at least

@ ten days before the election.

D. The election shall be conducted as nearly as practicable in the manner prescribed in section

15- 459. The ballots shall contain the words " union high school district, yes" and " union high school district,

no", and the voter shall sign@ his desired choice.

E. If a majority of the persons voting within each school district comprising the proposed union high

school district votes in favor of establishment of a union high school district, the union high school district

shall become effective as provided in section 15- 459, subsection G.

F. If a union high school district is established from a unified school district as provided in this

section, a common school district is established with boundaries coterminous with the boundaries of the

former unified school district.

15- 444.01. Common school districts within a hiph school district; proposed expansion or

reduction; notification

The governing board of a common school district that is located within a high school district shall

notify and obtain permission from the governing board of the high school district before taking any action that

results in the expansion or reduction of the common school district's boundaries. The notification and

permission required by this section shall take place at least ninety days before the beginning of the fiscal year

in which the proposed expansion or reduction is scheduled to take effect.

15- 448. Formation of unified school district: board membership; budget

A. One or more common school districts and a high school district with coterminous or overlapping

boundaries may establish a unified school district pursuant to this section. Unification of a common school

district and a high school district is not authorized by this section if any of the high school facilities owned by

the new unified school district would not be located within its boundaries.

B. Formation of a unified school district shall be by resolutions approved by the governing boards of

the unifying school districts and certification of approval by such governing boards to the county school

superintendent of the counv or counties in which such individual school districts are located. A common

Select Statutes from Title 15, Chapter 4. Article 3

school district and high school district that unify pursuant to this section shall not exclude from the same

unification a common school district that has overlapping boundaries with the high school district and that

wishes to unify. The formation of a unified school district shall become effective on July 1 of the next fiscal

year following the certification of the county school superintendent. An election shall not be required to form

a unified school district pursuant to this section.

C. The boundaries of the unified school district shall be the boundaries of the former common school

e

district or districts that unify. The boundaries of the common school district or districts that are not unifying

remain unchanged. The county school superintendent, immediately upon receipt of the approved resolutions

prescribed by subsection B of this section, shall file with the board of supervisors, the county assessor and the

superintendent of public instruction a transcript of the boundaries of the unified school district. The

boundaries shown in the transcript shall become the legal boundaries of the school districts on July 1 of the

next fiscal year.

D. On formation of the unified school district, the governing board shall contain the members of the

former school district governing boards and the members shall hold office until January 1 following the first

general election after formation of the district.

E. Beginning January 1 following the first general election after formation of the unified school

district, the governing board shall have five members. At the first general election after the formation of the

district, members shall be elected in the following manner:

1. The three candidates receiving the highest, the second highest and the third highest number of

votes shall be elected to four year terms.

2. The two candidates receiving the fourth and fifth highest number of votes shall be elected to two

year terms. Thereafter all offices shall have four year terms.

F. The new unified school district may appoint a resident of the remaining common school district to

serve as a nonvoting member of the governing board to represent the interests of the high school pupils who

reside in the remaining common school district and attend the unified school district.

G. For the first year of operation, the unified school district governing board shall prepare a

consolidated budget based on the student counts from the school districts comprising the unified school

district, except that for purposes of determining budget amounts and equalization assistance, the student count

for the former high school district shall not include the prior year average daily membership attributable to

high school pupils from a common school district that was part of the former high school district but is not

part of the unified school district. The unified school district shall charge the remaining common school

district tuition for these pupils as provided in subsection J of this section and shall not include such pupils for

the purpose of making any adjustment for rapid decline in student count pursuant to section 15- 942. The

unified school district may budget for unification assistance pursuant to section 15- 912.01.

H. The governing board of the unified school district shall prepare policies, curricula and budgets for

the district. These policies shall require that:

1. The base compensation of each certificated teacher for the first year of operation of the new

unified school district shall not be lower than the certificated teacher's base compensation for the prior year in

the previously existing school districts.

2. The certificated teacher's years of employment in the previously existing school districts shall be

included in determining the teacher's certificated years of employment in the new unified school district.

I. Upon formation of a unified school district any existing override authorization of the former high

school district and the former common school district or districts shall continue until expiration based on the

revenue control limit of the school district or districts that had override authorization prior to unification. The

unified school district ma), request nev override authorization for the budget year as provided in section

15- 481 based on the combined re\ enue control limit of the new district after unification. If the unified school

district's request for override author~ zation is approved, it will replace any existing override for the budget

year.

J. The unified school d~ str~ schta ll admit high school pupils who reside in a common school district

that was located within the boundar~ es of the former high school district. Tuition shall be paid to the unified

school district by the common school district in which such pupils reside. Such tuition amount shall be

calculated in accordance with sect~ on 15- 824. subject to the following modifications:

Select Statutes from Title 15, Chapter 4. Article 3

1. If the former high school district had outstanding bonded indebtedness at the time of unification,

the combined tuition for the group of high school pupils who reside in each common school district shall

include a debt service amount for the former high school district's outstanding bonded indebtedness that is

determined as follows:

( a) Divide the total secondary assessed valuation of the common school district in which the group of

pupils reside by the total secondary assessed valuation of the former high school district.

( b) Multiply the quotient obtained in subdivision ( a) of this paragraph by the unified school district's

annual debt service expenditure.

( c) For the purposes of this paragraph, " secondary assessed valuation" means secondary assessed

valuation for the tax year prior to the year when the unification occurs and includes the values used to

determine voluntary contributions collected pursuant to title 9, chapter 4, article 3 and title 48, chapter 1,

article 8.

2. The debt service portion of such tuition payments calculated pursuant to paragraph 1 of this

subsection shall be used exclusively for debt service of the outstanding bonded indebtedness of the former

high school district. When such indebtedness is hlly extinguished, the debt service portion of a pupil's tuition

shall be determined in accordance with paragraph 3 of this subsection.

3. If the former high school district had no outstanding bonded indebtedness at the time of

unification, the tuition calculation shall include the actual school district expenditures for the portion of any

debt service of the unified school district that pertains to any construction or renovation of high school

facilities divided by the school district's student count for the high school portion of the school district.

4. The unified school district shall not include in the tuition calculation any debt service that pertains

to any construction or renovation of school facilities for preschool through grade eight.

5. Notwithstanding section 15- 95 1, subsection H, the revenue control limit of the common school

district shall include the full amount of the debt service portion of the tuition calculated pursuant to this

subsection.

K. All assets and liabilities of the unifying school districts shall be transferred and assumed by the

new unified school district. Any existing bonded indebtedness of a common school district or a high school

district unifying pursuant to this section shall be assumed by the new unified school district and shall be

regarded as an indebtedness of the new unified school district for the purpose of determining the debt

incurring authority of the district. Taxes for the payment of such bonded indebtedness shall be levied on all

taxable property in the new unified school district, but nothing in this subsection shall be construed to relieve

from liability to taxation for the payment of all taxable property of the former high school district if necessary

to prevent a default in the payment of any bonded indebtedness of the former high school district. The

residents of a common school district that does not unify shall not vote in bond or override elections of the

unified school district and shall not be levied for taxes as a result of a bond or override election of the unified

school district.

L. If the remaining common school district had authorization for an override as provided in section

15- 48 1 or 15- 482, the override authorization continues for the remaining common school district or districts in

the same manner as before the formation of the unified school district.

M. The bonding authorization and bonding limitations continue for the remaining common school

district or districts in the same manner as before the formation of the unified school district.

N. Nothing in this section shall be construed to relieve a school district formed pursuant to section

15- 457 or 15- 458 of its liability for any outstanding bonded indebtedness.

15- 449. Formation of unified school district bv common school district; petition for

establishment; election: notice

A. A common school district having a student count of not less than two hundred pupils and an

assessed valuation of not less than two million dollars may, by a majority vote of the qualified school electors

of the school district, establish a unified school district with boundaries coterminous with the boundaries of

the common school district.

B. If a majorib of the governing board of the common school district unites in a petition to the

county school superintendent for establishment of a unified school district, or if ten per cent of the residents of

the common school district unite in a petition for establishment of a unified school district, the county school

Select Statutes from Title 15, Chapter 4. Article 3

superintendent shall call an election to be held at the next regular election of the governing board, if within

ninety days after receipt of the petition, to determine the question, or shall call a special election for that

purpose within sixty days.

C. Not less than five public notices of the election shall be posted, one to be on the door of the

schoolhouse in the district, at least ten days before the election.

D. The election shall be conducted as nearly as practicable in the manner prescribed in section

15- 459. The ballots shall contain the words " unified school district, yes" and " unified school district, no", and

the voter shall signify his desired choice.

E. If a majority of the persons voting in the common school district votes in favor of establishment of

a unified school district, the unified school district becomes effective as provided in section 15- 459,

subsection G.

15- 450. Formation of a new joint unified school district; petition: report; election: notice;

ballots; canvass of votes; appointment of governing board

A. Notwithstanding any other statute, a new joint unified school district may be formed if the

formation is approved by the state board of education and if the following requirements are met:

1. The boundaries of the proposed new joint unified school district include an incorporated city that

is divided by two counties.

2. The proposed new joint unified school district includes territory within the boundaries of two or

more existing school districts.

3. The proposed new joint unified school district would have a student count of not less than six

hundred.

4. A high school is not located within the boundaries of the proposed new joint unified school

district.

5. The assessed valuation of the proposed school district is at least two million dollars.

6. The governing boards of the districts affected have been given notice of the proposed change and

an opportunity to be heard pursuant to section 15- 442, subsection B.

B. If it is desired that a new joint unified school district be formed pursuant to the provisions of this

section, ten per cent or more of the qualified electors residing within the boundaries of the proposed joint

unified school district shall file petitions with the county school superintendents of the counties in which the

territory of the proposed district is situated. The petitions shall describe the territory to be included in the

proposed joint unified school district and shall request that the formation of the proposed district be submitted

to the qualified electors who reside within the proposed district.

C. Each county school superintendent with whom petitions for the formation of a joint unified school

district are filed shall examine the petitions within fifteen days of the date of receipt to determine their

sufficiency including the adequacy of the signatures from the portion of the proposed district within his

county. If the petitions are found sufficient, the county school superintendent shall transmit the petitions to

the state board of education.

D. The state board of education shall promptly schedule a review of the issue of the formation of the

proposed joint unified school district after receiving the petitions from the county school superintendents

pursuant to subsection C of this section. The board shall approve or reject the formation of the proposed joint

unified school district within sixty days of the date of receipt of the petitions. The board shall consider:

1. Operational costs of the existing and proposed districts.

2. Travel times and distances.

3. Climatic conditions.

4. Local terrain.

5. The number of pupils.

6. The fairness and appropriateness of any redistribution of taxable wealth from an existing school

district to a proposed jo~ ntu nified school district.

7. Whether the assessed valuation of the proposed joint unified school district is sufficient to support

the district in a manner comparable to other districts of similar size.

Select Statutes from Title 15, Chapter 4. Article 3

If the state board after considering all such factors determines that the proposed new district will not cause an

undue adverse effect on the operations of any existing school district, jeopardize the operation of the proposed

joint common school district or cause a disproportionate amount of taxable wealth to be redistributed, it shall

approve the petitions and return them to the respective county school superintendents.

E. On approval from the state board of education, the county school superintendent of each county

whose territory or a portion of whose territory will be included in the proposed joint unified school district

shall submit the question of the formation of the proposed joint unified school district to the voters at a general

election or at a special election to be held for that purpose. If no general election is scheduled to be held

within sixty days after the date the county school superintendent receives the approved petitions from the state

board of education, he shall promptly call a special election to be held within sixty days after receipt of the

approved petitions. Notice of the election shall be given by the county school superintendent to the boards of

supervisors. At least ten days before the election, the county school superintendent shall cause notice of the

proposed election to be posted in not less than three public places in the proposed district and to be published

at least once in a newspaper of general circulation in the proposed district. The notice shall state the

following:

1. The question to be voted on and the boundaries of the proposed joint unified school district with

sufficient definiteness to make them readily ascertainable.

2. A description of voter qualifications, including requirements that the voters shall be residents of

the proposed district.

3. The location of voting places within the proposed district, at least one of which shall be in each

county.

F. Within ten days after the election the county school superintendent and the chairman of the board

of supervisors of each county shall canvass the vote. If a majority of the votes cast in each county of persons

who reside within the proposed district favors formation of the proposed joint unified school district, the

boards of supervisors shall jointly declare the election and the joint unified school district shall become

operative from and after June 30 next following the election.

G. If the joint unified school district includes territory located in two or more counties, the county of

jurisdiction is the county in which the largest number of qualified electors of the joint unified school district

resides, except that if all of the existing school buildings are located in one county, that county is the county of

jurisdiction. The county school superintendent of the jurisdictional county shall perform all duties for and

with respect to the joint unified school district required to be performed by county school

superintendents. The board of supervisors of the jurisdictional county shall perform all duties for and with

respect to the joint unified school district required to be performed by boards of supervisors, except that

school district taxes to be levied on property in the portion of the joint unified school district lying in another

county shall be levied by the board of supervisors of the other county or counties and on receipt shall be

transferred to the county ofjurisdiction.

H. If a new joint unified school district is authorized, the governing boards of the existing school

districts shall prepare a projected list of assets for the existing districts prior to the end of the fiscal year in

which the election is held. The governing boards of the original school districts and the new joint unified

school district shall prepare a final statement of assets for the formerly existing school districts as of the end of

the fiscal year in which the election was held and shall have the statement of cash and bonded indebtedness

certified by the county treasurers by August 30 of the year in which the new school district becomes

operative. The governing boards of the original school districts and the new joint unified school district shall

set aside sufficient assets or provide other means to satisfy the liabilities of the former existing districts except

for bonded indebtedness and approve the final division of all assets by September 15 of the year in which the

new school district becomes operative. If one or more of the governing boards fail to provide for satisfying

the liabilities and fail to approve the division of assets by September 15, the county attorney or attorneys shall

determine the means to satisfy the liabilities and final division of assets by October 1 of the fiscal year in

which the new school district becomes operative.

I. The division of bonded indebtedness of the original school districts shall be in accordance with the

provisions of section 15- 457. subsection B. In addition, any debt due to lease purchase agreements shall be

handled in a similar manner as outlined for bonded indebtedness in section 15- 457, subsection B.

Select Statutes from Title 15, Chapter 4. Article 3

J. Sections 15- 457, 15- 975 and 15- 997 apply to joint unified school districts formed under this

section.

K. A joint unified school district shall not be formed if any of the resulting school districts would

have a student count for the current year of less than six hundred.

L. The governing board of the joint unified school district shall prepare policies, curricula and

budgets for the new school district. These policies shall require that:

1. The base salary of each teacher for the first year of operation of the new school district shall not be

lower than the teacher's base salary for the prior year in the previously existing school district.

2. The teacher's years of employment in the previously existing school district shall be included in

determining the teacher's years of employment in the new joint unified school district.

M. If a new joint unified school district is authorized, the governing board of a district which will

have its boundaries reduced by creation of the new joint unified district may hold an override election for the

year beginning July 1 after the election that authorized the formation of the new joint unified district. The

governing board of a school district which will have its boundaries reduced by creation of the new joint

unified district may hold a bond election for bonds applicable to and paid solely by the school district as it will

exist after the formation of the new joint unified school district. The electors who reside in an area which

property will not be subject to taxation for operation or payment of the bonds of the school district calling the

override or band election after creation of the new joint unified school district are not eligible to vote in such

an override or bond election.

15- 45 1. Appointment of governing board for ioint unified school districts

A. If the election results in the formation of the joint unified school district, the governing board shall

contain the same governing board members of the former school district governing boards. The members

shall have authority to adopt a budget and perform such other functions necessary for the school district to

become operative at the beginning of the next fiscal year and shall serve until January 1 following the next

general election. At the general election held next following the formation and thereafter, members shall be

elected as prescribed in section 15- 448, subsection E, except that all governing board members of a newly

formed unified school district shall be elected to four year terms at the first general election.

B. If any members of the governing boards of the original school districts are residents of the new

joint unified school district, those members shall continue to serve on the governing boards of the original

school districts until the joint unified school district becomes operative and upon the joint unified school

district becoming operative shall be replaced by members who are appointed by the appropriate county school

superintendent. The appointed members shall serve until January 1 following the next general election. At

the general election next following the formation, new members shall be elected as prescribed in section

15- 448, subsection E, except that all governing board members of a newly formed unified school district shall

be elected to four year terms at the first general election.

15- 453. Authorih~ to form ioint common school districts; applicabilitv of laws governing

other school districts

A. Joint common school districts may be created lying in part in each of two or more counties in the

manner set forth in this article. Except as expressly provided in this title, each such district shall have all

powers and duties and shall be operated and maintained and shall follow and be subject to such procedures as

may be provided by law for the operation of other school districts.

B. Each joint common school district shall be designated as joint common school district No.

( insert the number of the district). of counties ( insert the name

of each county).

C. The provisions of section 15- 460, relating to change of district boundaries, are not applicable to

the formation of a joint common school district and a joint high school district pursuant to the provisions of

this article.

15- 454. Authorih~ to form ioint unified or ioint high school districts; applicabilitv of other

laws governing other school districts

Select Statutes from Title 15, Chapter 4. Article 3

Joint unified school districts or joint high school districts may be created lying in part in each of two

or more counties in the same manner as joint common school districts may be created under this article, except

as expressly provided in sections 15- 450 and 1 5- 45 1. Except as expressly provided in sections 1 5- 429,

15- 450, 15- 15], 15- 453 and 15- 455 through 15- 457, section 15- 491, subsection 8, and sections 15- 975 and

15- 997, each joint high school district or joint unified school district shall have all powers and duties, shall be

operated and maintained and shall follow and be subject to procedures as may be provided by law for the

operation of other school districts.

15- 455. Formation of ioint common school district: petition; election: notice; canvass

A. A petition for the creation of a joint common school district shall include the following:

1. A description of the territory comprising the proposed district.

2. A request that the question of the creation of the proposed district be submitted to the qualified

electors residing within each of the affected districts.

3. The signatures of not less than ten per cent of the qualified electors residing within the portion of

the proposed district within the respective county involved. The county school superintendent of each county

whose territory, or a portion thereof, will be included in the proposed district shall receive the petitions

containing signatures of residents of his county.

B. Each county school superintendent with whom a petition for the creation of a joint common school

district is filed shall, within fifteen days of the date of receipt, examine the petition to determine its sufficiency

including the adequacy of the signatures from the portion of the proposed district within his county. If the

petition is found sufficient, the county school superintendent shall transmit the petition to the state board of

education.

C. If the petitions for the creation of the proposed joint common school district are found sufficient

by the county school superintendent of each county whose territory or a portion thereof is to be included in the

proposed district, the state board of education shall promptly schedule a review of the issue of the creation of

the proposed joint common school district. Such review and the board determination on the issue of the

creation of the proposed joint common school district shall be completed within sixty days of the date of

receipt of the final petition.

D. The review of the issue of the creation of a proposed joint common school district shall include

consideration of the following factors:

1. Operational costs.

2. Travel times and distances.

3. Climatic conditions.

4. Local terrain.

5. Number of pupils.

6. The fairness and appropriateness of any redistribution of taxable wealth from an existing school

district to a proposed joint common school district. If the state board after considering all such factors

determines that the proposed new district will not cause an undue adverse effect on the operations of any

existing school district or jeopardize the operation of the proposed joint common school district or cause a

disproportionate amount of taxable wealth to be redistributed, it shall approve the petitions and return them to

the respective county school superintendents.

E. Upon recelpt of the approved petitions the county school superintendent of each county whose

territory, or a port~ on thereof, will be included in the proposed joint common school district shall submit the

question of the format~ on of the proposed joint common school district at a general election, or at a special

election to be held for that purpose. If no general election will be held within sixty days after the date the

county school supcrlnte~~ denret ceives the approved petition from the state board of education, he shall

promptly call a spec~ ale lect~ onto be held within forty- five days after receipt of the approved petition. Notice

of such election sllall be ? I\ en by the county school superintendent to the boards of supervisors.

F. The count! school superintendent shall cause notice of the proposed election to be posted in not

less than three public places in the area within each of the affected districts and to be published one time in a

newspaper of general circulation in each county, such posting and publication to be made at least ten days

before the election Such notice shall state the following:

Select Statutes from Title 15, Chapter 4. Article 3

1. The question to be voted on and the boundaries of the proposed joint common school district with

sufficient definiteness to make them readily ascertainable.

2. Voter qualifications.

3. The voting places within each of the affected districts. There shall be at least one voting place in

each county. The election shall be called and held, and voters shall possess qualifications as prescribed for the

election of governing boards and shall be residents of the territory within each of the affected districts. Ballots

shall be prepared and the officers of election appointed by the county school superintendent.

G. On the fifth day after the election the county school superintendent and the chairman of the board

of supervisors of each county shall canvass the vote. If a majority of the votes cast in each county of persons

who reside within each of the affected districts is in favor of creation of the proposed joint common school

district, the boards of supervisors shall jointly declare the election and the joint common school district is

established. For the purpose of this subsection a majority of the votes cast in each county of persons who

reside within each of the affected districts means a majority vote of the qualified electors voting in each

county in each part of an affected existing school district or affected area to be included in the proposed joint

common school district and a majority vote of the qualified electors voting in each county in each part, if any,

of an affected school district not to be included in the proposed joint common school district.

15- 457. Formation of new joint common school district by subdivision of existing school

district; effect on bonded indebtedness: transfer of propem

A. Any territory incorporated into a joint common school district which is at the time of the creation

of such joint common school district part of an existing school district shall thereafter be considered detached

from the existing school district.

B. If any such existing school district has outstanding bonded indebtedness, liability for the payment

of principal of and interest on such bonded indebtedness shall be prorated between the existing school district

and the new joint common school district in the same proportion as the assessed valuation of taxable property

in the existing school district bears to the assessed valuation of taxable property in the detached territory, such

valuations to be determined according to the assessment rolls of the county in which the existing school

district is located, as such rolls exist at the time of the creation of the new joint common school district. Taxes

for the payment of such portion of the principal and interest shall be levied on all taxable property in the new

joint common school district, but nothing in this subsection shall be construed to relieve from liability to

taxation for the payment thereof all taxable property in the theretofore existing school district if necessary to

prevent a default in such payment. Voter approval of the creation of the joint common school district shall

constitute an approval of such assumption of indebtedness.

C. All school buildings located in the detached territory, as provided in this subsection, together with

all equipment and furnishings, shall become the property of the new joint common school district, and the

intangible property of the existing school district shall be prorated between the two districts on the same basis

used to determine the amount of bonded indebtedness to be assumed.

D. Any assumed indebtedness shall be regarded as an indebtedness of the new joint common school

district for the purpose of determining the debt incurring authority of the new joint common school district

and the existing scliool district.

15- 458. Formation of new district or districts by subdivision of existing district; division of

assets

A. In a school district containing a student count of more than six hundred, a new school district or

districts may be formed by a subdivision of the existing school district.

B. On the request of the governing board or on receipt of petitions bearing the signatures of at least

ten per cent of the qualified electors in the area proposed to be a new school district or the signatures of at

least fifty of the qualified electors in the area proposed to be a new school district, whichever is more, and at

least ten per cent of the qualified electors in the area proposed to continue as the existing school district or at

least fifty signatures of the qualified electors in the area proposed to continue as the existing school district,

whichever is more, the county school superintendent shall within ten days call an election to determine if the

existing school district should be divided and a newr school district or districts formed, except that if the

existing school district is a union high school district, the county school superintendent shall call the election

Select Statutes from Title 15, Chapter 4. Article 3

only on the request of the governing boards of the union high school district and each of the common school

districts comprising the union high school district or on receipt of petitions bearing the signatures of at least a ten per cent of the qualified electors in each of the common school districts or at least fifty signatures of the

qualified electors in each of the common school districts, whichever is more. This subsection does not require

the submission of the signatures of more than fifty per cent of the qualified electors of the existing school

district to the county school superintendent in order to call an election for the purposes of this section. The

petition shall state the proposed boundaries of the school district or districts to be formed together with the

student count, specific reasons why it is in the best interest of the current district residents to have a new

district or districts formed and the amount of real property valuation within the school district or districts to be

formed. No new school district may be formed unless the state board of education determines that the real

property valuation per student count is sufficient to support the school district in a manner comparable to other

school districts of similar size and that a sufficient number of pupils will exist in each of the new districts to

ensure that educational programs and services will be of similar or better quality after the subdivision.

C. The election shall be held concurrently and as provided in section 15- 459, except that a majority

of the votes cast by the qualified electors in each of the areas proposed as a school district must approve the

division of the existing school district and the formation of the new school district.

D. The governing board of the existing school district shall prepare a projected list of assets for the

existing district prior to the end of the fiscal year in which the election is held. The governing boards of the

original and new school district or districts shall prepare a final statement of assets for the formerly existing

school district as of the end of the fiscal year in which the election was held and shall have the statement of

cash and bonded indebtedness certified by the county treasurer by August 30 of the year in which the new

school district or districts become operative. The governing boards of the original school district and the new

school district or districts shall set aside sufficient assets or provide other means to satisfy the liabilities of the

former existing district except for bonded indebtedness and approve the final division of all assets by

September 15 of the year in which the new school district or districts become operative. If one or more of the

governing boards fail to provide for satisfj4ng the liabilities and fail to approve the division of assets by a September 15, the county attorney shall determine the means to satisfy the liabilities and final division of

assets by October 1 of the fiscal year in which the new school district or districts become operative.

E. The division of the bonded indebtedness of the original school district shall be in accordance with

the provisions of section 15- 457, subsection B.

F. An original or new school district formed by a subdivision of an existing school district or districts

after June 30, 1992 is not eligible to determine its budget using the provisions of section 15- 949 or the support

level weights prescribed in section 15- 943, paragraph 1. These districts are also not eligible to participate in a

small district service program as prescribed in section 15- 365 or to apply to the state board of education for a

capital levy adjustment as prescribed in section 15- 963.

G. If two or more common school districts are within the boundaries of a union high school district,

two or more unified school districts may be formed by a subdivision of the existing union high school district

and by unification with the common school districts as provided in this section, subject to the following

provisions:

1. Formation of a unified school district pursuant to this subsection shall be initiated if a majority of

the governing board members of each of the districts affected unites in a petition to the county school

superintendent for the establishment of a unified school district or if ten per cent of the number of qualified

electors who voted in whichever of the last two general elections resulted in the higher number of ballots cast

and who reside in each of the areas proposed to be the new unified school districts unite in a petition to the

county school superintendent for the establishment of a unified school district. The petition shall include a

statement of the proposed boundaries of the new unified school districts and shall request that the subdivision

of the union high school district and formation of the unified districts be submitted to the qualified electors

who reside within the proposed districts. The petition shall also include a detailed description of

desegregation funding and expenses for the resulting school district as set forth in paragraph 7 of this

subsection and may include the new school d~ strictn ame and other information as desirable. On receipt of the

petitions, the county school superintendent shall examine the petitions within fifteen days of receipt to

determine their sufficiency including the adequacy of the signatures of electors. If the petitions are found

sufficient, the county school superintendent shall call an election to be held to determine the question. The

Select Statutes from Title 15, Chapter 4. Article 3

county school superintendent shall prepare and the governing board shall distribute a subdivision and

unification plan that includes:

( a) The proposed boundary changes.

( b) The impact of the proposed boundary changes, including where pupils will attend school, changes

in pupil transportation services, changes in availability of special education services, changes in pupil- teacher

ratio and operational costs.

( c) If paragraph 7 of this subsection applies to one or more of the existing school districts, a detailed

description of desegregation funding and expenses for the resulting school districts as set forth in paragraph 7

of this subsection.

( d) Any other information the county school superintendent deems appropriate to include.

2. If the governing boards or the petitioners wish the new districts to receive unification assistance as

provided in section 15- 9 12.0 1, they shall notify the department of education and the joint legislative budget

committee by August 1 of the fiscal year before the new districts would begin operation and provide the

department and the joint legislative budget committee with information required to project the costs of

unification assistance to the new districts for the first year of operation. The department shall include

sufficient monies to cover these unification costs in its budget request for state aid for the following fiscal

year.

3. The election shall be held as provided in section 15- 459, except that the ballot shall contain the

words " subdivision and unification, yes" and " subdivision and unification, no", and there shall be one of the

following two ballot questions, whichever is applicable, stated as follows:

( a) Should ( insert the name of the district) union high school district be subdivided

with boundaries identical to the boundaries of ( insert the name of the districts) common

school districts and simultaneously creating ( insert the number of the districts) unified school

districts with the respective common school districts as specified in the subdivision and

unification plan?

( b) Should ( insert the name of the district) union high school district be subdivided

simultaneously with the subdivision of ( insert the name of the districts) common school

districts and simultaneously creating ( insert the number of the districts) unified school

districts with the subdivided common school districts as specified in the subdivision and

unification plan?

4. If the formation of the new unified school districts is authorized, the terms of the governing board

members of the common and union high school districts do not expire on the effective date of unification but

continue until January 1 following the next general election, during which time the members of the governing

boards of the previously existing school districts shall serve as the governing board of the new school district

in which they reside. At the next general election held after the formation and thereafter, members shall be

elected as prescribed in section 15- 448, subsection E. The governing boards of the new unified school

districts shall prepare policies, curricula and budgets for the new unified school districts. The policies

prepared by the governing boards shall include the provisions of section 15- 459, subsection M.

5. If the common school district is not subdivided, the new unified school district that includes the

boundaries of the previously existing common school district shall assume the bonded indebtedness of that

previously existing common school district. If the common school district is subdivided, the provisions of

subsection E of this section shall apply.

6. If the common school district is not subdivided, existing bond authorization of the common school

districts automatically continues for the original purpose authorized. If the common school district is

subdivided, the existing bond authorization of the common school district will expire unless it is divided

between the new unified school d~ strictsa s specified in the subdivision and unification plan.

7. If any of the school districts were authorized to budget for expenses of complying with or

continuing to implement activities that were required or permitted by court order of desegregation or

administrative agreement with the United States department of education office for civil rights directed

towards remediating alleged or proven racial discrimination pursuant to section 15- 910, this authorization

does not expire on the effective date of the subdivision and unification but only applies to schools included in

the court order or administrative a, u reement.

Select Statutes from Title 15, Chapter 4. Article 3

8. If the union high school district and the common school district or districts with which it is unified

all have authorization for an override as provided in section 15- 481 that would have continued after the

subdivision and unification, the override authorization continues for the new district and expires at the time

that the earliest override would have expired.

9. If one or more of the previously existing school districts were participating in a career ladder

program pursuant to chapter 9, article 1.1 of this title before subdivision and unification, notwithstanding any

other law the state board shall expedite the processing of and may approve an updated application for program

reapproval for the new school district that includes the existing school district that was participating in the

program.

10. The employee's years of employment in the previously existing school district shall be included in

determining the employee's years of employment in the new school district after a subdivision and unification.

An employee who was entitled to continuing contract status in the previously existing school district is

entitled to continuing employment contract status in the new school district.

I I. The base salary and benefits of each employee for the first year of operation of the new school

district after a subdivision and unification shall not be lower than the employee's base salary and benefits for

the prior year in the previously existing school district.

12. Notwithstanding paragraphs 10 and 11 of this subsection and pursuant to section 15- 544, nothing

in this section shall be construed to restrict the ability of the governing board to implement a reduction in

force or to scale back salaries of certified teachers, administrators or noncertificated employees for reasons of

economy or to improve the efficient conduct of schools within the district following a subdivision and

unification.

15- 459. Consolidation of districts; petition; election; notice; report; ballots; canvass of votes;

governing board

A. On the request of the governing boards of two or more school districts in the same county or in

adjacent counties or on receipt of petitions bearing the signatures of ten per cent or more of the number of

qualified electors who voted in whichever of the last two general elections resulted in the higher number of

ballots cast and who reside in each of two or more school districts in the same county or in adjacent counties

to consolidate the school districts or parts of the districts, the county school superintendent of each of the

counties affected shall within ten days call an election to determine the question on consolidation.

B. Consolidations allowed pursuant to subsection A of this section include:

1. To change the boundaries of a school district to include any part of an adjacent school district.

2. If all the common school districts within the boundaries of an existing union high school district

desire to consolidate into one common school district.

3. If two or more adjacent school districts of like character, either common, high or unified school

districts, desire to consolidate into one common, high or unified school district.

4. If a common school district that is not a part of a union high school district desires to consolidate

with an adjacent unified school district.

5. If two or more common school districts desire to consolidate into one school district and unify the

consolidated district with a union high school district to form one unified school district.

C. Notice of the election to determine consolidation of school districts shall be posted in not less than

three public places in each of the school districts proposed to be consolidated at least twenty- five days before

the election.

D. The county school superintendent shall prepare and the governing board shall distribute a report

on the proposed boundary changes in a manner similar to that prescribed in section 15- 48 1, subsection B. The

report shall contain the following information:

I . The date of the election.

2. The polling places and times they are open.

3. A consolidation plan to include:

( a) The proposed boundary changes.

( b) The impact of the proposed boundary changes, including where pupils will attend school, changes

i ~ p, u pil transportation services, changes in availability of special education services, changes in pupil- teacher

ratio and operational costs.

Select Statutes from Title 15, Chapter 4. Article 3

( c) If the provisions of subsection P of this section apply to one or more of the existing school

districts, a detailed description of desegregation funding and expenses for the resulting school district as set

forth in subsection P of this section.

( d) Any other information the county school superintendent deems appropriate to include.

E. Ballots shall be prepared by the county school superintendent, shall be delivered to the inspector at

least forty- eight hours before the opening of the polls as prescribed in section 16- 509 and shall contain:

" Consolidation includes the assumption of liability by the resulting school district for all indebtedness of

existing school districts or those parts of school districts proposed for consolidation. Do you support

consolidation under the specified provisions of the consolidation plan? Yes ( ) No ( )." If the election is to

simultaneously consolidate and unifL two or more common school districts, the ballot shall contain: " Do you

support the consolidation of the ( insert names of common school districts) and the subsequent unification of

the consolidated districts with the ( insert name of union high school district) to form one unified school

district under the consolidation and unification plan? Yes ( ) No ( )."

F. The county school superintendent shall hold the election during the fiscal year preceding the fiscal

year consolidation is proposed to be effective on a date prescribed by section 16- 204. The election shall be

held in the manner and electors shall possess qualifications as prescribed for the election of governing board

members. The results of the election shall be reported to the county school superintendent.

G. The county school superintendent and the chairman of the board of supervisors shall, on the

seventh day after the election, canvass the vote. If a majority of the votes cast in each district favors

consolidation, the districts are consolidated and become one district from and after June 30 next following the

election. If parts of two or more school districts are proposed to be consolidated, a majority of the voters in

the part of a school district or districts not affected by the proposed consolidation and a majority of the voters

in the part of the school district or districts proposed for consolidation must approve the consolidation.

H. If a school district provides only financing for pupils who are instructed by another school district

in the same county or in an adjacent county, the school district or any part of the school district may be

consolidated with the school district providing the instructional program as follows:

1. The governing board of the financing school district approves the consolidation or ten per cent of

the qualified electors residing in the school district, or that part of the school district proposed for

consolidation, petitions the county school superintendent to call an election to approve the proposed

consolidation.

0

2. The governing board of the school district providing instruction approves the consolidation.

3. At an election called by the county school superintendent of each of the counties affected, a

majority of the persons voting in the school district, or that part of the school district providing financing,

approves the proposed consolidation and a majority of the persons voting in the district providing instruction

approves the proposed consolidation.

I. Elections held as provided in subsection H of this section shall be conducted in the same manner as

elections prescribed in subsections C through G of this section and shall be held concurrently as prescribed in

section 1 5- 458.

J. If the consolidated district includes territory located in two or more counties, the county of

jurisdiction is the county in which the largest number of qualified electors of the consolidated school district

resides, except that if all of the existing school buildings are in one county, that county is the county of

jurisdiction. The county school superintendent of the jurisdictional county shall perform all duties for and

with respect to the consolidated school district as required to be performed by county school

superintendents. The board of supervisors of the jurisdictional county shall perform all duties for and with

respect to the consolidated school district as required to be performed by boards of supervisors, except that

school district taxes to be levied on property in the portion of the consolidated school district lying in another

county shall be levied by the board of supervisors of the other county or counties and on receipt shall be

transferred to the county of jurisdiction. All school buildings located within the consolidated school district,

together with all equipment and furnishings, become the property of the consolidated school district. Any

assumed indebtedness is an indebtedness of the consolidated school district for the purpose of determining the

debt incurring authority of the consolidated school district.

K. Sections 15- 457, 15- 975 and 15- 997 apply to school districts which are consolidated