15-401 Qualifications of school electors; school district registers; challenge; tally lists
A. A person who is a qualified elector of this state under section 16-121 in the
boundaries of the school district twenty-nine days immediately preceding the election is
qualified to vote at an election of the school district in the precinct in which he is
registered. For the purposes of this title, the term "qualified school elector",
"qualified elector", "school elector" or "elector" shall have the qualifications
prescribed in this subsection.
B. All school elections shall be conducted by use of school district precinct
registers and in the manner as provided in sections 16-579, 16-580 and 16-584. A person
offering to vote may be challenged, and the election officers shall thereupon have the
powers and duties of general election officers.
C. The forms for the tally list shall be furnished by the county board of
supervisors, and the tally lists must be completed and returned to the county school
superintendent and shall be kept by him for not less than five years.
15-402 Voting by early ballot
A qualified elector of a school district, who meets the requirements may vote by
early ballot.
15-403 Special election; notice; bond election procedure; qualifications of voters; closing of registrations; election precincts; polling places
A. The county school superintendent shall cause notices of a special election
except a bond election to be posted at least ninety days previous to the date of the
election. The notices shall be posted in at least three public places in the school
district. One notice shall be posted at the school if there is one. Bond election
notices and procedures shall comply with the requirements of title 35, chapter 3, article
3.
B. The notices shall specify the day and the polling places of the special election
and the time the polls will be open. A special election may be held only on a date
prescribed by section 16-204.
C. If the county school superintendent fails to give notice as provided in
subsections A and B of this section, any two qualified electors who reside within the
district may give similar notice of the special election at least seventy-five days prior
to the special election.
D. A person is not entitled to vote at a special election or an election held at a
time and place other than a general election in a school district who has not been a
qualified elector in a precinct in the boundaries of the school district for twenty-nine
days preceding the election, who is not qualified to register to vote as provided in
section 16-101 and who has not registered to vote prior to midnight of the twenty-ninth
day preceding the date of the election.
E. The governing board of a school district shall establish school district
election precincts that have the same boundaries as the county election precincts as
provided in section 16-411 and designate one polling place within each precinct, except
that the governing board of a union high school district may divide a county election
precinct along the boundaries of common school districts within the boundaries of the
union high school district and establish polling places within each common school
district. In those cases where a school district boundary bisects a county election
precinct, that portion of the election precinct that is within the school district shall
be the school district election precinct. The governing board may consolidate school
district election precincts if it deems it necessary for each special election and
designate one polling place for the election precincts which it consolidates. If school
district election precincts are consolidated, a school district precinct register shall
be prepared for the consolidated precinct. Upon a specific finding of the board,
included in the order or resolution designating polling places pursuant to this
subsection, that no suitable polling place is available within a precinct of the school
district, a polling place for such precinct may be designated within an adjacent
precinct. The adjacent precinct need not be within the school district. Any such
polling places shall be listed in a separate section of the order or resolution.
F. All special elections which are called either by the county school
superintendent or the governing board of a school district and which are held at a time
other than the general election shall be conducted by the use of school district precinct
registers.
15-404 Election officers; compensation
A. In school district elections held at a time and place other than general
elections, at least twenty days before the school district election the county school
superintendent or other authority conducting the election shall appoint for each election
precinct or combination of precincts not fewer than one inspector and two judges as
election officers and may appoint additional clerks and marshals necessary to properly
conduct the election.
B. For the purpose of this section, an employee of a school district shall not
serve as an election officer for the school district. If those appointed are not present
at the opening of the polls, the electors present may select them. In all school
district elections each election officer shall receive the same compensation as other
election officers of a general election.
15-405 Opening and closing of polls
At all school elections the polls shall be open during the same hours as are
applicable to general elections. The inspector and two judges shall determine when the
hour for opening and closing the polls has arrived. A voter within the polling place at
the closing of the polls shall be allowed to vote.
15-406 Cost of elections
A. The cost of all special elections provided in this title, including the
preparation of ballots, shall be charged against the funds of the school district or
districts involved.
B. The county school superintendent shall contract with the board of supervisors
for holding regular school district elections. The contracted cost of such school
elections shall be a charge against the county school superintendent who shall prorate
such costs to the districts.
15-407 School district ballot option
The governing body of a school district may choose to use either electromechanical
or electronic vote recording and ballot counting equipment, or paper ballots for any
special election held pursuant to this chapter.
15-421 Governing board; members; qualifications
A. The governing body of a school district shall be a governing board. There shall
be three governing board members, except as otherwise provided by this section and
section 15-425, subsection A.
B. The governing body of a high school district shall be a governing board composed
of:
1. In a single district, the governing board members of the common school district.
2. In a union high school district, five members.
C. A person who is a registered voter of this state and has been a resident of the
school district for one year immediately preceding the day of election is eligible for
election to the office of governing board member.
D. No employee of a school district or the spouse of such employee may hold
membership on a governing board of a school district by which such employee is employed.
E. A member of one governing board is ineligible to be a candidate for nomination
or election to or serve simultaneously as a member of any other governing board, except
that a member of a governing board may be a candidate for nomination or election for any
other governing board if the member is serving in the last year of a term of office. A
member of a governing board shall resign the member's seat on the governing board before
becoming a candidate for nomination or election to the governing board of any other
school district, unless the member of the governing board is serving in the last year of
a term of office.
15-422 Nominating petitions; ballots
A. Nominating petitions shall be filed with the county school superintendent as
prescribed by title 16, chapter 3. Nominating petitions shall be signed by a number of
qualified electors of the district as provided in section 16-322. Nominating petitions
for persons seeking to fill a vacancy on a governing board shall be designated as
provided in section 16-314.
B. The county school superintendent may cause separate ballots to be prepared, or
such school district candidates' names may be included as a part of the regular ballot.
In any event the names of all persons whose petitions have been filed shall appear on a
ballot, without partisan or other designation except the title of the office. 15-423 School district precinct registers; date of preparation; contents; copies
A. By the fifth day preceding the elections for membership on school district
governing boards the county recorder shall prepare from the original affidavits of
registration at least four printed or typed lists of all uncanceled registrations of each
school district in the county, and the lists are the official school district precinct
registers.
B. The official school district precinct registers shall contain all information
required to be included on precinct registers. The county recorder may combine the
precinct register and the official school district precinct register into one common
register.
C. The county recorder shall, upon request, provide copies of school district
precinct registers in the manner and for the fees prescribed in section 16-168, or
section 16-172 for political subdivisions, for copies of precinct registers.
D. By the fifth day preceding a special election or an election held at a time and
place other than a general election in a school district, the county recorder shall
prepare from the original affidavits of registration at least four printed or typed lists
of all uncanceled registrations of each school district election precinct, and the lists
are the official school district precinct registers. The official school district
precinct registers shall contain all information required to be included on precinct
registers. The governing board of the school district shall request of the county
recorder and the county recorder shall provide to the school district copies of school
district precinct registers in the manner and for the fees prescribed in section 16-172
for copies of precinct registers.
15-424 Election of governing board members; terms; statement of contributions and expenditures
A. A regular election shall be held for each school district at the time and place,
and in the manner, of general elections as provided in title 16.
B. Except as provided in subsection C of this section and sections 15-429 and
15-430, the term of office for each member shall be four years from January 1 next
following his election.
C. At the first general election held for a newly formed district, three members
shall be elected. The candidate receiving the highest number of votes shall be elected
to a four year term, and the candidates having the second and third highest number of
votes shall be elected to two year terms. A district increasing its governing board to
five members shall at the next general election elect members in the following manner:
1. If one of the previous three offices is to be filled, the three candidates
receiving the highest, the second highest and the third highest number of votes shall be
elected to four year terms.
2. If two of the previous three offices are to be filled, the candidates receiving
the highest, the second highest and the third highest number of votes shall be elected to
four year terms. The candidate receiving the fourth highest number of votes shall be
elected to a two year term. Thereafter all such offices shall have four year terms.
D. If only one person files or no person files a nominating petition for an
election to fill a district office, the board of supervisors up to seventy-five days
before the election, may cancel the election for the position and appoint the person who
filed the nominating petition to fill the position. If no person files a nominating
petition for an election to fill a district office, the board of supervisors up to
seventy-five days before the election, may cancel the election for that office and that
office is deemed vacant and shall be filled as provided in section 15-302. A person who
is appointed pursuant to this section is fully vested with the powers and duties of the
office as if elected to that office.
E. If two or more candidates receive an equal number of votes for the same office,
and a higher number than any other candidate for that office, whether upon the tally by
the school election board or canvass of returns by the board of supervisors, or upon
recount by a court, the officer or board whose duty it is to declare the result shall
determine by lot and in the presence of the candidates which candidate shall be declared
elected.
F. Position of the names of candidates for each office shall be rotated so that
each candidate occupies each position on the ballot an equal number of times, insofar as
is possible, for each ballot style. For candidates seeking election to fill a vacancy on
the governing board, the ballot shall be designated as provided in section 16-502.
G. This section does not require that a school election at which no member is to be
elected be held on a general election day.
H. All candidates for the office of school district governing board member shall
file with the county school superintendent a statement of contributions and expenditures
as provided in section 16-913. 15-425 Election to determine whether membership of governing board shall increase to five members; form of ballot; reconsideration procedure if negative vote; appointment or election of new members
A. A qualified elector of a school district may submit to the county school
superintendent a petition, signed by not less than ten per cent of the qualified school
electors of the district, requesting the county school superintendent to call a special
election to determine whether or not the number of members of the governing board for the
school district should be increased to five. Upon receipt of the petition, in proper
form and with the necessary signatures, the county school superintendent shall thereafter
call a special election not later than ninety days prior to the general election to
determine the question of whether the membership of the governing board for the school
district shall be increased to five.
B. Public notices of a special election called to determine whether there shall be
five governing board members shall be posted in not less than three public places in the
district at least ten days prior to the election. The election shall be held as
prescribed by the county school superintendent and electors shall possess the
qualifications as prescribed for the election of governing board members.
C. The ballots shall contain the words: "Five governing board members, yes. Five
governing board members, no."
D. If the majority of the electors voting on the question votes in the affirmative,
the school district shall elect five governing board members, as provided in section
15-424. If the majority of the electors voting on the question of increasing the number
of governing board members votes in the negative, the question shall not again be placed
upon the ballot of an election in the district until the lapse of one year from the date
of such election.
E. Notwithstanding section 15-424 and subsection D of this section, if the voters
approve an increase in the size of the governing board at least one year before the next
general election, the county school superintendent may appoint the two new members or
call a special election pursuant to section 15-302.
F. The term of the two new members appointed by the county school superintendent or
elected through a special election expires January 1 following the next general
election. At the first general election following the increase in the size of the
governing board, the candidates elected and their terms shall be determined pursuant to
section 15-424, subsection C.
15-426 Tally and canvass of votes; certificate of election; oath of office
A. The officers of a special election shall, as soon as the polls are closed, tally
the votes cast, enclose one list of the persons voting and one copy of the tally sheet in
a cover and seal and direct the cover and its contents to the county school
superintendent. The inspector shall place in the ballot box one list of the persons
voting, one copy of the tally sheets and the ballots. The inspector shall lock the
ballot box until the county school superintendent and the chairman of the board of
supervisors meet to canvass the returns. Unless otherwise specified in this title, the
officers of a regular school election shall proceed in the manner provided in title 16
for the tally of votes.
B. The county school superintendent and the chairman of the board of supervisors
shall meet within thirty days, unless otherwise specified in this title, following the
date of any school election and canvass the returns in accordance with procedures for the
canvass of returns in a general election. The county school superintendent shall declare
the results of the election, shall declare elected the person receiving the highest
number of votes for each office to be filled, and shall issue to him a certificate of
election.
C. When each governing board member elected subscribes to the oath of office
attached to the certificate, it shall be forwarded on the same day to the county school
superintendent. Members of governing boards may administer the oath of office to each
other. 15-427 Governing board of a union high school district; qualifications; terms
A. The members of the governing board of a union high school district shall be
qualified school electors of the district. Members shall be elected from the union high
school district at large except as provided in section 15-431.
B. The term of office of the members of the union high school district governing
board shall be four years, except:
1. Upon formation of a union high school district, the governing board shall be
appointed by the county school superintendent and shall hold office until January 1
following the next general election.
2. At the first general election after formation of the district, members shall be
elected in the following manner:
(a) The three candidates receiving the highest, the second highest and the third
highest number of votes shall be elected to four year terms.
(b) The two candidates receiving the fourth and fifth highest number of votes shall
be elected for two year terms. Thereafter all such offices shall have four year terms. 15-428 Election of governing board members of a union high school district
A. Members of the governing board of a union high school district shall be elected
at the time and place and in the manner that members of other school districts are
elected, as nearly as is practicable, except as provided in section 15-427, subsection B.
B. Election officers shall certify the returns to the county school superintendent
who shall meet with the chairman of the board of supervisors within thirty days following
the date of the election and canvass the returns and issue certificates of election, as
provided in section 15-426.
15-429 Election of governing board members of a joint common school district
A. A joint common school district shall be governed by a board of five members, one
of whom shall reside in and be elected from each of the counties comprising the district
and the remaining number shall reside in the district and be elected at large unless the
district has implemented an alternative election system as provided in section
15-431. Within ten days after the creation of the joint common school district, the
county school superintendent of the jurisdictional county, after notifying the county
school superintendent of any other county whose territory, or a portion thereof, is in
the new district, shall call a special election, which shall be held within twenty days
after the issuance of such call, to elect a governing board for the joint common school
district. The polling places for the election shall be located in each county of the
district. The election shall be conducted as provided by law for other school districts,
except that the members first elected shall serve until January 1 following the next
general election. At the general election held next following the special election, and
thereafter, the members shall be elected as prescribed for five member boards in sections
15-424 and 15-427.
B. The county school superintendent shall call the first meeting of the newly
formed governing board within ten days after its election. Each member shall be given
five days' written notice in advance of the meeting. The meeting shall be held at a
location convenient to all members. Business shall be conducted as provided by law for
the conduct of school districts.
15-430 Governing board members of newly consolidated district; election of members
A. If school districts are consolidated as provided in section 15-459, the terms of
the governing board members of the previously existing school districts do not expire on
the effective date of the consolidation and 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.
B. At the next general election held following the consolidation and thereafter,
five members shall be elected as prescribed in section 15-427, subsection B. The new
board shall take office on January 1 following the general election.
15-431 Alternative election procedure of governing board members
A. If, for the prior school year, a school district had an average daily membership
of at least one thousand and the total minority enrollment in the district, as reported
to the department of education, was at least twenty-five per cent of the total enrollment
of the district, the governing board may vote to implement an alternative election system
for the election of governing board members. The alternative election system implemented
by the board may include a vote by the board to divide the school district into as many
single member districts as there are governing board members or a vote by the board to
implement any other election method that is consistent with section 2 of the voting
rights act of 1965 (42 United States Code section 1973), as amended. A school district
that has implemented an alternative election system for the election of governing board
members as provided by this subsection may continue to elect governing board members
using the alternative election system even if the average daily membership of the school
district or percentage of minority pupils enrolled in the district falls below the levels
prescribed in this subsection. If the average daily membership of the school district or
percentage of minority pupils enrolled in the district falls below the levels prescribed
in this subsection, the governing board may vote to elect governing board members using
the at large election method as prescribed in section 15-429.
B. If the governing board of a school district has implemented a single member
district election system as provided in subsection A of this section, the system shall be
implemented as follows:
1. The governing board shall define the boundaries of the single member district so
that the single member districts are as nearly equal in population as is practicable,
except that if the school district lies in part in each of two or more counties, at least
one single member district may be entirely within each of the counties comprising the
school district if this district design is consistent with the obligation to equalize the
population among single member districts.
2. The boundaries of the single member district shall follow election precinct
boundary lines, as far as practicable, in order to avoid further segmentation of the
precincts.
3. A number shall be assigned to each of the new single member districts in
ascending order according to the percentage of the district's minority population in each
single member district.
4. As the terms of the governing board members who were elected at large expire,
the members shall be replaced by members who are elected from the single member districts
in ascending order of single member district number.
5. A person who is a registered voter of this state and who is a resident of the
single member district is eligible for election to the office of school board member from
the single member district.
6. Nominating petitions shall be signed by the number of qualified electors of the
single member district as provided in section 16-322.
C. If the governing board has voted to implement any other alternative election
system for the election of governing board members, as provided in subsection A of this
section, the implementation of the system shall be as approved by the United States
justice department.
15-441 School districts; designation
A. The bases of the educational organization of the county and state are the school
districts as defined in section 15-101. Existing districts shall be continued, and new
districts may be formed as provided in this title.
B. Each school district shall be designated as school district no. _____ (insert
the number of the district), of _______ county (insert the name of the county).
15-442 Record of school district boundaries; limitation on change; notice to governing board
A. The county school superintendent shall, on or before December 1 each year, file
with the board of supervisors and the county assessor a transcript of the boundaries of
each school district within the county. The boundaries shown in the transcript shall
become the legal boundaries of the districts as of the following July 1.
B. The boundaries of a school district shall not be changed except as provided in
this title and then only after the governing boards of the districts affected have had
written notice of the proposed change from the county school superintendent and have had
an opportunity to be heard.
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.
15-444.01 Common school districts within a high 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.
15-444 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 signify 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.
15-445 Residents of unorganized territory; school district elections; establishment of school district
A. The county school superintendent, on receiving notification from the state
school superintendent pursuant to section 15-825.02, subsection B, shall do all of the
following before calling an election:
1. Establish the boundaries of the proposed unified school district, taking into
consideration communities of interest and excluding Indian reservations and other federal
lands where reasonable to do so.
2. Identify adjacent school districts that accept at least twenty-five per cent of
their open enrollment or certificate of educational convenience students from the
unorganized territory and that are willing to accept the unorganized territory into the
existing school district.
3. Prepare a ballot question that includes the proposed boundaries and identifies
existing adjacent school districts that are willing to accept the unorganized territory
into the existing school district. The ballot shall list the financial impact for a
homeowner based on the property taxes on a one hundred thousand dollar home on each of
the following options and shall require the voters within the boundaries proposed by the
county school superintendent to select one of the following options:
(a) The establishment of a new unified school district within the boundaries
proposed.
(b) Joining an existing adjacent school district.
B. The county school superintendent shall schedule the election on the next
available general election date allowed by law.
C. After a canvass of the vote and a determination by the county school
superintendent that a majority of the voters approves the establishment of a new unified
school district, the county school superintendent shall notify the state board of
education that the school district is established and that the new unified school
district will become operational at the beginning of the next school year. The county
school superintendent shall appoint the initial governing board of the new unified school
district.
D. If the newly established unified school district is not able to provide a
complete academic program to the students within the school district, the newly
established unified school district may transport the students to an adjacent school
district pursuant to section 15-824.
E. On a canvass of the vote and a determination by the county school superintendent
that a majority of the voters approves joining an existing adjacent school district, the
county school superintendent shall notify the existing school district of the following:
1. That the boundaries of the school district shall be revised to include the
property identified in the boundaries established by the county school superintendent.
2. That the school district shall provide the same educational services that are
currently provided to students who reside in current boundaries of the school district to
all students within the revised boundaries at the beginning of the next school year.
F. A school district that is formed pursuant to this section is not eligible for
the small school adjustment prescribed in section 15-949, the small school district
weight prescribed in section 15-943 or the small isolated school district weight
prescribed in section 15-943. 15-447 Offer of instruction in high school subjects by common school districts; limitations
The state board of education may grant permission to the governing board of a common
school district to offer instruction in high school subjects, grades nine through twelve,
except that the state board shall not grant permission if the qualified electors of a
common school district have voted against the formation of a high school district within
the last five years. If the qualified electors of a common school district vote against
the formation of a high school district within one year after the state board has granted
permission to the governing board to offer instruction in high school subjects, the
governing board shall cease to offer instruction in high school subjects at the end of
the current year and shall not offer such instruction until such time as the state board
has again granted permission in accordance with this section. Enrollment of pupils in
grades nine through twelve shall be deemed to be enrollment in high school. For purposes
of computing the base support level, the support level weight for high school districts
shall be used. Successful completion of a prescribed course of study in grades nine
through twelve entitles a pupil to a certificate of high school graduation.
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 county or counties in which
such individual school districts are located. A common 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 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 consists of 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 on 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 who attend school in 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 may request new override authorization for the budget year as provided in
section 15-481 based on the combined revenue control limit of the new district after
unification. If the unified school district's request for override authorization is
approved, it will replace any existing override for the budget year.
J. The unified school district shall admit high school pupils who reside in a
common school district that was located within the boundaries 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 section 15-824, subject to the following modifications:
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. For the purposes of this subdivision, "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.
(b) Multiply the quotient obtained in subdivision (a) of this paragraph by the
unified school district's annual debt service expenditure.
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 fully 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 15-951, 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 assessed 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 15-481 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.
0. For school districts that become unified after July 1, 2004 and where all of the
common schools were eligible for the small school district weight pursuant to section
15-943, paragraph 1, subdivision (a) when computing their base support level and base
revenue control limit before unification, the unified school district may continue to use
the small school district weight as follows:
1. Annually determine the common school student count and the weighted student
count pursuant to section 15-943, paragraph 1, subdivision (a) for each common school
district before unification.
2. Calculate the sum of the common school districts' student counts and weighted
student counts determined in paragraph 1 of this subsection.
3. Divide the sum of the weighted student counts by the sum of the student counts
determined in paragraph 2 of this subsection.
4. The amount determined in paragraph 3 of this subsection shall be the weight for
the common schools in the unified school district.
P. A unified school district may calculate its revenue control limit and district
support level by using the provisions of subsection O of this section as follows:
1. Determine the number of individual school districts that existed before
unification into a single school district.
2. Multiply the amount determined in paragraph 1 of this subsection by six hundred.
3. Multiply the amount determined in paragraph 2 of this subsection by 0.80.
4. If the amount determined in paragraph 3 of this subsection exceeds the student
count of the unified school district, the unified school district is eligible to use the
provisions of subsection O of this section.
Q. The provisions of subsections O and P of this section shall remain in effect
until the aggregate student count of the common school districts before unification
exceeds the aggregate number of students of the common school districts before
unification authorized to utilize the provisions of section 15-943, paragraph 1,
subdivision (a).
15-449 Formation of unified school district by 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 majority 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 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 joint unified 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.
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 of jurisdiction.
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.
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 bond election after creation of the new joint unified school district are not
eligible to vote in such an override or bond election.
15-451 Appointment of governing board for joint 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 Authority to form joint common school districts; applicability 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 Authority to form joint unified or joint high school districts; applicability of other laws governing other school districts
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 15-451. Except as expressly provided in sections 15-429, 15-450, 15-451,
15-453 and 15-455 through 15-457, section 15-491, subsection B, 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 joint 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 receipt of the approved petitions the county school superintendent of each
county whose territory, or a portion thereof, will be included in the proposed joint
common school district shall submit the question of the formation 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 superintendent receives the approved petition from the state board of
education, he shall promptly call a special election to be held within forty-five days
after receipt of the approved petition. Notice of such election shall be given by the
county school superintendent to the boards of supervisors.
F. The county 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:
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.
15-456 Jurisdiction of county board of supervisors and county school superintendent over joint common school district
A. The county of jurisdiction of the proposed joint common school district is that
county in which the greater portion of the qualified electors of the proposed joint
common school district resides, unless all of the existing school buildings located on
territory which will be within the proposed joint common school district are in one
county, in which event that county shall be the county of jurisdiction.
B. The jurisdictional county of the joint common school district shall exercise
authority as provided for in this section and sections 15-429, 15-453 through 15-455,
15-457, 15-491, subsection B, 15-975 and 15-997. The county school superintendent of the
jurisdictional county shall perform for and in respect to the joint common school
district all duties required to be performed by county school superintendents. The board
of supervisors of the same county shall have jurisdiction over and perform all duties for
and with respect to the joint common 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 joint common school district lying in another county shall be levied by
the board of supervisors of such other county.
15-457 Formation of new joint common school district by subdivision of existing school district; effect on bonded indebtedness; transfer of property
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 school 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 new 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 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 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
satisfying the liabilities and fail to approve the division of assets by 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 district name 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 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 15-912.01, 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 districts as 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 agreement.
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.
11. 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 15-481, subsection B. The report shall contain the following
information:
1. 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 in pupil transportation services, changes in availability of special
education services, changes in pupil-teacher ratio and operational costs.
(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 unify 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.
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 15-458.
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 as provided in subsection H of this section.
L. Consolidation pursuant to this section is not allowed if the resulting school
district would have a student count for the current year of more than ten per cent of the
total student count of all school districts in this state.
M. The governing board shall prepare policies, curricula and budgets for the new
school district. These policies shall require that:
1. The base salary and benefits of each employee for the first year of operation of
the new school district shall not be lower than the employee's base salary and benefits
for the prior year in the previously existing school district.
2. 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. An employee who was entitled to continuing employment contract status in the
previously existing school district is entitled to continuing employment contract status
in the new school district.
3. Notwithstanding paragraphs 1 and 2 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 school district
consolidation.
N. If all of the districts to be consolidated have authorization for an override as
provided in section 15-481 that would have continued after the consolidation, the
override authorization continues for the new district and expires at the time that the
earliest override would have expired.
O. If one or more, but not all, of the districts to be consolidated have
authorization for an override as provided in section 15-481 that would have continued
after the consolidation, the override authorization shall only apply to the schools
included under the terms of the prior override authorization. Consolidation of school
districts does not consolidate or pool the liability to be taxed for the override and
only property that was located within the boundaries of the district that approved the
override prior to consolidation are to pay taxes to support the override. This subsection
also applies if all of the districts to be consolidated have authorization for overrides,
but the authorizations are pursuant to different subsections of section 15-481 or the
override amounts are not the same percentage of the revenue control limit.
P. Notwithstanding section 15-457, consolidation of school districts does not
consolidate or pool the liability of the former school districts into the resulting
school district. Outstanding indebtedness incurred by a school district before
consolidation shall be repaid without interruption according to existing debt schedules
as determined by the county board of supervisors. If a school district consolidates after
July 1, 2004, the new school district may pay tuition to the district of attendance when
a pupil is precluded by distance or lack of transportation from attending school in the
district of a pupil's residence.
Q. If one or more of the previously existing school districts was 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 toward
remediating alleged or proven racial discrimination pursuant to section 15-910, this
authorization does not expire on the effective date of consolidation but only applies to
schools included in the court order or administrative agreement.
R. If one or more of the previously existing school districts was participating in
a career ladder program pursuant to chapter 9, article 1.1 of this title before
consolidation, notwithstanding any other law the state board shall expedite the
processing of and may approve an updated application for program reapproval that
incorporates the geographic boundaries of the resulting school district and the inclusion
of the additional staff in the career ladder program.
S. If the formation of a new consolidated and unified school district 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 the unification. The governing board
members of the previously existing school districts shall serve as provided in section
15-430, except that the power of the governing board members of the previously existing
school districts acting as the governing board of the unified school district is limited
to the maintenance and operation of the previously existing school districts and
compliance with the consolidation and unification plan.
15-460 Change of school district boundaries
A. On request of the governing board of a school district or on receipt of a
petition bearing the signatures of ten per cent or more of the qualified electors
residing in the school district to change the boundaries of the school district in such a
manner as to include adjacent unorganized territory, setting forth the boundaries desired
and the reasons for such change, the county school superintendent shall submit the
question of including the unorganized territory within the existing school district to
the qualified electors of the new proposed school district. The election shall be held
as provided in section 15-459, except that a majority of the qualified electors voting on
the question in the unorganized territory and a majority of the qualified electors voting
on the question in the existing school district must approve the change. If approved,
the change is effective from and after June 30 next following the election.
B. When ten per cent or more of the qualified electors residing in a school
district desire that the boundaries of the school district be diminished, they may
present a petition to the county school superintendent setting forth the change of
boundaries desired and the reasons for such change. The county school superintendent
shall prepare and transmit to the governing board of the school district proposed to be
diminished a report providing specific information regarding the future availability of
educational programs in the area of the district to be detached and in the area which
will constitute the remaining district, availability of pupil transportation services and
the financial impact on taxpayers. The governing board shall mail or distribute the
report to all households located in the school district. The county school
superintendent shall submit the question of diminishing the school district boundaries to
the qualified electors of the school district. The election shall be held as provided in
section 15-459. A majority of the qualified electors voting on the question in the
territory to remain in the existing school district and a majority of the qualified
electors voting on the question in the territory to be excluded must approve the
change. If approved, the change is effective from and after June 30 next following the
election.
C. Notwithstanding subsections A and B of this section and this chapter, the
governing boards of two adjacent common, union or unified school districts may authorize
minor boundary adjustments to both school districts and the governing boards of a unified
school district and adjacent common and union high school districts may authorize minor
boundary adjustments to the three school districts if all of the following are true:
1. The school districts authorizing the boundary adjustment have not previously
made more than one minor boundary adjustment pursuant to this subsection.
2. A majority of the electors within the geographic boundaries of a portion of a
school district, as specified in the petition, presents a petition to the governing
boards of the district or districts in which the petitioners currently reside and the
district to which the petitioners desire to be annexed. If there are no electors within
the geographic boundaries of the territory to be annexed, a majority of the property
owners in the territory may submit the petition. The petition shall set forth the
boundaries of the portion of the district to be annexed.
3. A majority of the members of the governing boards of each district approves the
minor boundary adjustment.
4. The boundary adjustment would result in the transfer of no more than one and
one-half per cent of the student count of the district from which the pupils will
transfer.
5. The boundary adjustment would not result in the transfer of any school
buildings, equipment or furnishings from one school district to another school district.
6. No member of the governing board of the school district to be diminished is a
resident of the territory that is being transferred to the adjacent school district.
7. The governing boards of the school districts have agreed on a means to satisfy
any liabilities.
D. If a majority of the members of the governing boards of school districts to
which petitions were presented pursuant to subsection C of this section approves the
petitions, the petitions shall be transmitted with the endorsements of the governing
boards to the county school superintendent. The county school superintendent, if no
petition opposing annexation signed by a majority of the school electors representing
either the resident district or the district to which annexation is proposed is received
within fifteen days after the transmittal of the petition requesting annexation, shall
make the records of boundaries conform to the petition for annexation and notify the
boards of supervisors and the county assessor of the boundary change. The change is
effective from and after June 30 next following the notification of the boards of
supervisors.
E. Notwithstanding subsection A of this section, if the qualified electors residing
in a school district have previously voted to accept unorganized territory into the
district's boundaries in two consecutive elections called for this purpose, the school
district governing board may annex any election precinct within the unorganized territory
that is contiguous to the school district if both of the following conditions exist:
1. At least one hundred fifty pupils who reside in the election precinct are
enrolled in one or more school districts in the county.
2. The qualified electors of the precinct have previously voted in favor of the
annexation.
15-463 Annexation of military reservation to high school district or union high school district; procedure; notice; hearing
A. A high school district, or union high school district, any portion of which is
contiguous to a military reservation, may at any time, and as provided in subsection B,
annex all or any contiguous part of said military reservation for high school purposes
only.
B. When a majority of the governing board of a high school district or a union high
school district petitions the board of supervisors of the county in which the school
district is located, requesting the annexation of all or a contiguous part of a military
reservation, and such petition is accompanied by a petition containing the same request
signed by ten or more qualified school electors residing in the school district, the
board of supervisors shall within fifteen days give written notice of the proposed
annexation to the commanding officer of the military reservation and to the governing
board of any other high school districts or union high school districts contiguous to the
military reservation, which notice shall fix a time and place not more than fifteen days
after the serving of said notice for a hearing on the petitions. If, at the hearing, the
commanding officer of the military reservation or other higher military authority, or the
authorized agent of either, objects to the annexation, no further action shall be
taken. If, however, no such objection is made at the hearing, the board of supervisors,
within ten days after the hearing, shall either allow or deny the petitions. If the
petitions are allowed, the board of supervisors shall forthwith notify the commanding
officer of the military reservation and the county school superintendent and the
annexation shall take effect immediately.
C. A high school district which annexes any or all of a contiguous part of a
military reservation as provided in this section and a common school district which is
coterminous with the portion of the high school district which is not part of the
military reservation may operate as a unified school district under a single governing
board.
15-464 Withdrawal of military reservation from school district; petition; hearing
When a common school district or a high school district adjacent to or embracing all
or a portion of a military reservation has a larger school population than it had the
previous year, as shown by a census enumeration certified by the county school
superintendent, and it is not feasible educationally and economically for the school
district to provide adequate school facilities for the military reservation, the school
district governing board or the authorities of the military reservation may petition the
state board of education to withdraw the military reservation from the school
district. Within thirty days after receipt of the petition the state board of education
shall hold a hearing thereon and within ten days after the hearing shall allow or deny
the petition. If allowed, the state board shall direct the county school superintendent
to withdraw the military reservation from the school district in which it is in whole or
in part included and to report the change of school district boundaries to the board of
supervisors.
15-465 Accommodation school; establishment on military reservation; expenses; abandonment
A. Upon the withdrawal of a military reservation from any common school district or
high school district, as provided in section 15-464, and upon a showing by the military
authorities that necessary buildings and facilities for the operation of a school are
available, the county school superintendent shall establish an accommodation school on
the military reservation.
B. Expenses of conducting the school shall be paid out of the county school reserve
fund by the county school superintendent, as the expenses of other accommodation schools
are paid.
C. If a military reservation is abandoned in which an accommodation school has been
conducted in accordance with the provisions of this section and sections 15-464 and
15-466, the boundaries of the common school district or the high school district, as they
existed prior to withdrawal of the reservation from the school district, shall be deemed
automatically reinstated.
15-466 Transfer of accommodation schools
A. Facilities, if possible, and pupils of an existing accommodation school operated
pursuant to this section and sections 15-464 and 15-465 may be included in the most
accessible adjacent school district as directed by majority vote of the board of
supervisors of the county in which such school is located, subject to approval by a
majority of members of the governing board of the school district designated to receive
such pupils and facilities and a vote of approval at an election called by the county
school superintendent of the qualified electors in the area served by the accommodation
school.
B. Facilities owned by a governmental entity other than the school district and
operated as an accommodation school may be accepted by the school district or operated by
the school district pursuant to an agreement with or permit from such other governmental
entity.
15-467 Change of union high school district to high school district
A. When all the common school districts comprising a union high school district
unite, either by annexation or by consolidation, into one common school district, the
union high school district shall, as of the first day of the next fiscal year, be deemed
to be dissolved, and the terms of office of all governing board members elected to the
union high school district shall expire and the union high school district shall
thereupon become ipso facto a high school district and be administered as other high
school districts are administered.
B. A high school district created as provided by subsection A is liable for all
indebtedness, bonded or otherwise, outstanding against the dissolved union high school
district, and all property, balances and deficits of the dissolved district become the
property, balances and deficits of the high school district.
15-469 Lapsing of common school district; conditions; procedure; disposition of property of lapsed common school district
A . If in a common school district there has been a student count of less than
eight pupils between the ages of six and twenty-one years for three months during the
school year, the county school superintendent may at once suspend the common school
district and report the suspension and reasons to the board of supervisors at its next
meeting.
B. The board of supervisors may declare the common school district lapsed and
attach the territory to one or more of the adjoining school districts, dispose of the
property of the lapsed common school district and apply the proceeds to the credit of the
lapsed common school district. The county school superintendent shall determine all
unbonded indebtedness of the lapsed common school district and draw his warrant, on
proper vouchers, on the county treasurer in payment of the unbonded indebtedness. Any
balance remaining after such payment shall be transferred to the county school fund.
15-481 Override election; budget increases; notice; ballot; effect
A. If the proposed budget of a school district exceeds the aggregate budget limit
for the budget year, the governing board shall order an override election to be held not
less than ninety days from the date of the order for the purpose of presenting the
proposed budget to the qualified electors of the school district who shall by a majority
of those voting either affirm or reject the budget. In addition, the governing board
shall prepare an alternate budget which does not include an increase in the budget of
more than the amount permitted as provided in section 15-905. If the qualified electors
approve the proposed budget, the governing board of the school district shall follow the
procedures prescribed in section 15-905 for adopting a budget that includes the
authorized increase. If the qualified electors disapprove the proposed budget, the
governing board shall follow the procedures prescribed in section 15-905 for adopting a
budget that does not include the proposed increase or the portion of the proposed
increase that exceeds the amount authorized by a previously approved budget increase as
prescribed in subsection P of this section.
B. The county school superintendent shall prepare an informational report on the
proposed increase in the budget and a sample ballot and, at least thirty-five days prior
to the election, shall transmit the report and the ballot to the governing board of the
school district. For a school district located in a county with a population of two
hundred thousand persons or more, the governing board, upon receipt of the report and the
ballot, shall mail or distribute the report and the ballot to the households, in which
qualified electors reside, within the school district at least thirty days prior to the
election. For a school district located in a county with a population of less than two
hundred thousand persons, the governing board, upon receipt of the report and the ballot,
shall mail or distribute the report and the ballot to the households within the school
district at least thirty days prior to the election. Any distribution of material
concerning the proposed increase in the budget shall not be conducted by children
enrolled in the school district. The report shall contain the following information:
1. The date of the election.
2. The polling places and times they are open.
3. The proposed total increase in the budget which exceeds the amount permitted
pursuant to section 15-905.
4. The total amount of the current year's budget, the total amount of the proposed
budget and the total amount of the alternate budget.
5. If the override is for a period of more than one year, a statement indicating
the number of years the proposed increase in the budget would be in effect and the
percentage of the school district's revenue control limit that the district is requesting
for the future years.
6. The proposed total amount of revenues which will fund the increase in the budget
and the amount which will be obtained from a levy of taxes upon the taxable property
within the school district for the first year for which the budget increase was adopted.
7. The proposed amount of revenues which will fund the increase in the budget and
which will be obtained from other than a levy of taxes upon the taxable property within
the school district for the first year for which the budget increase was adopted.
8. The dollar amount and the purpose for which the proposed increase in the budget
is to be expended for the first year for which the budget increase was adopted.
9. At least two arguments, if submitted, but no more than ten arguments for and two
arguments, if submitted, but no more than ten arguments against the proposed increase in
the budget. The arguments shall be in a form prescribed by the county school
superintendent and each argument shall not exceed two hundred words. Arguments for the
proposed increase in the budget shall be provided in writing and signed by the governing
board. If submitted, additional arguments in favor of the proposed increase in the
budget shall be provided in writing and signed by those in favor. Arguments against the
proposed increase in the budget shall be provided in writing and signed by those in
opposition. The names of those persons other than the governing board or superintendent
submitting written arguments shall not be included in the report without their specific
permission, but shall be made available only upon request to the county school
superintendent. The county school superintendent shall review all factual statements
contained in the written arguments and correct any inaccurate statements of fact. The
superintendent shall not review and correct any portion of the written arguments which
are identified as statements of the author's opinion. The county school superintendent
shall make the written arguments available to the public as provided in title 39, chapter
1, article 2. A deadline for submitting arguments to be included in the informational
report shall be set by the county school superintendent.
10. A statement that the alternate budget shall be adopted by the governing board if
the proposed budget is not adopted by the qualified electors of the school district.
11. The full cash value, the assessed valuation and the estimated amount of the
secondary tax bill if the proposed budget is adopted for each of the following:
(a) An owner-occupied residence whose assessed valuation is the average assessed
valuation of property classified as class three, as prescribed by section 42-12003 for
the current year in the school district.
(b) An owner-occupied residence whose assessed valuation is one-half of the
assessed valuation of the residence in subdivision (a) of this paragraph.
(c) An owner-occupied residence whose assessed valuation is twice the assessed
valuation of the residence in subdivision (a) of this paragraph.
(d) A business whose assessed valuation is the average of the assessed valuation of
property classified as class one, as prescribed by section 42-12001, paragraphs 12 and 13
for the current year in the school district.
12. If the election is conducted pursuant to subsection L or M of this section, the
following information:
(a) An executive summary of the school district's most recent capital improvement
plan submitted to the school facilities board.
(b) A complete list of each proposed capital improvement that will be funded with
the budget increase and a description of the proposed cost of each improvement, including
a separate aggregation of capital improvements for administrative purposes as defined by
the school facilities board.
(c) The tax rate associated with each of the proposed capital improvements and the
estimated cost of each capital improvement for the owner of a single family home that is
valued at eighty thousand dollars.
C. For the purpose of this section, the school district may use its staff,
equipment, materials, buildings or other resources only to distribute the informational
report at the school district office or at public hearings and to produce such
information as required in subsection B of this section, provided that nothing in this
subsection shall preclude school districts from holding or participating in any public
hearings at which testimony is given by at least one person for the proposed increase and
one person against the proposed increase.
D. The elections prescribed in subsection A of this section shall be held on a date
prescribed by section 16-204 and shall be conducted as nearly as practicable in the
manner prescribed in article 1 of this chapter, sections 15-422 through 15-424 and
section 15-426, relating to special elections, except that:
1. The notices required pursuant to section 15-403 shall be posted not less than
twenty-five days before the election.
2. Ballots shall be counted pursuant to title 16, chapter 4, article 10.
E. If the election is to exceed the revenue control limit and if the proposed
increase will be fully funded by a levy of taxes upon the taxable property within the
school district, the ballot shall contain the words "budget increase, yes" and "budget
increase, no", and the voter shall signify his desired choice. The ballot shall also
contain the amount of the proposed increase of the proposed budget over the alternate
budget, a statement that the amount of the proposed increase will be based on a
percentage of the school district's revenue control limit in future years, if applicable,
as provided in subsection P of this section and the following statement:
Any budget increase authorized by this election shall be entirely funded
by a levy of taxes upon the taxable property within this school district for
the year for which adopted and for ____ subsequent years, shall not be
realized from monies furnished by the state and shall not be subject to the
limitation on taxes specified in article IX, section 18, Constitution of
ARIZONA. Based on an estimate of assessed valuation used for secondary
property tax purposes, the proposed increase in the school district's budget
over that allowed by law would result in an estimated increase in the school
district's tax rate of _______________ dollar per one hundred dollars of
assessed valuation used for secondary property tax purposes and is in addition
to the school district's tax rate which will be levied to fund the school
district's revenue control limit allowed by law.
F. If the election is to exceed the revenue control limit and if the proposed
increase will be fully funded by revenues from other than a levy of taxes upon the
taxable property within the school district, the ballot shall contain the words "budget
increase, yes" and "budget increase, no", and the voter shall signify the voter's desired
choice. The ballot shall also contain:
1. The amount of the proposed increase of the proposed budget over the alternate
budget.
2. A statement that the amount of the proposed increase will be based on a
percentage of the school district's revenue control limit in future years, if applicable,
as provided in subsection P of this section.
3. The following statement:
Any budget increase authorized by this election shall be entirely funded
by this school district with revenues from other than a levy of taxes on the
taxable property within the school district for the year for which adopted and
for ______ subsequent years and shall not be realized from monies furnished by
the state.
G. Except as provided in subsection H of this section, the maximum budget increase
which may be requested and authorized as provided in subsection E or F of this section or
the combination of subsections E and F of this section is ten per cent of the revenue
control limit as provided in section 15-947, subsection A for the budget year.
H. Special budget override provisions for school districts with a student count of
less than one hundred fifty-four in kindergarten programs and grades one through eight or
with a student count of less than one hundred seventy-six in grades nine through twelve
are as follows:
1. The maximum budget increase that may be requested and authorized as provided in
subsections E and F of this section is the greater of the amount prescribed in subsection
G of this section or a limit computed as follows:
(a) For common or unified districts with a student count of less than one hundred
fifty-four in kindergarten programs and grades one through eight, the limit computed as
prescribed in item (i) or (ii) of this subdivision, whichever is appropriate:
(i)
Small School Support Level Weight Phase Down
Student Student for Small Isolated Reduction
Count Count Limit School Districts Base Level Factor
- 125 x 1.358 + (0.0005 x x $ = $
(500 - Student Count)) Small Isolated Phase Down Phase Down School District Base Reduction Factor Elementary Limit $150,000 - $ = $
(ii)
Small School Support Level Weight Phase Down
Student Student for Small Reduction
Count Count Limit School Districts Base Level_ Factor
- 125 x 1.278 + (0.0003 x x $ = $
(500 - Student Count)) Small Phase Down Phase Down School District Base Reduction Factor Elementary Limit $150,000 - $ = $
(b) For unified or union high school districts with a student count of less than
one hundred seventy-six in grades nine through twelve, the limit computed as prescribed
in item (i) or (ii) of this subdivision, whichever is appropriate:
(i)
Small School Support Level Weight Phase Down
Student Student for Small Isolated Reduction
Count Count Limit School Districts Base Level Factor
- 100 x 1.468 + (0.0005 x x $ = $
(500 - Student Count))
Small Isolated Phase Down Phase Down District Base Reduction Factor Secondary Limit $350,000 - $ = $
(ii)
Small School Support Level Weight Phase Down
Student Student for Small Reduction
Count Count Limit School Districts Base Level_ Factor
- 100 x 1.398 + (0.0004 x x $ = $
(500 - Student Count)) Small Phase Down Phase Down School District Base Reduction Factor Secondary Limit $350,000 - $ = $
(c) If both subdivisions (a) and (b) of this paragraph apply to a unified school
district, its limit for the purposes of this paragraph is the combination of its
elementary limit and its secondary limit.
(d) If only subdivision (a) or (b) of this paragraph applies to a unified school
district, the district's limit for the purposes of this paragraph is the sum of the limit
computed as provided in subdivision (a) or (b) of this paragraph plus ten per cent of the
revenue control limit attributable to those grade levels that do not meet the eligibility
requirements of this subsection. If a school district budgets monies outside the revenue
control limit pursuant to section 15-949, subsection E, the district's limit for the
purposes of this paragraph is only the ten per cent of the revenue control limit
attributable to those grade levels that are not included under section 15-949, subsection
E. For the purposes of this subdivision, the revenue control limit is separated into
elementary and secondary components based on the weighted student count as provided in
section 15-971, subsection B, paragraph 2, subdivision (a).
2. If a school district utilizes the provisions of this subsection to request an
override of more than one year, the ballot shall include an estimate of the amount of the
proposed increase in the future years in place of the statement that the amount of the
proposed increase will be based on a percentage of the school district's revenue control
limit in future years, as prescribed in subsections E and F of this section.
3. Notwithstanding subsection P of this section, the maximum period of an override
authorized pursuant to this subsection is five years.
4. Subsection P, paragraphs 1 and 2 of this section do not apply to overrides
authorized pursuant to this subsection.
I. If the election is to exceed the revenue control limit as provided in section
15-482 and if the proposed increase will be fully funded by a levy of taxes on the
taxable property within the school district, the ballot shall contain the words "budget
increase, yes" and "budget increase, no", and the voter shall signify the voter's desired
choice. The ballot shall also contain the amount of the proposed increase of the budget
over the alternate budget, a statement that the amount of the proposed increase will be
based on a percentage of the school district's revenue control limit in future years, if
applicable, as provided in subsection Q of this section, and the following statement:
Any budget increase authorized by this election shall be entirely funded
by a levy of taxes on the taxable property within this school district for the
year for which adopted and for _____ subsequent years, shall not be realized
from monies furnished by the state and shall not be subject to the limitation
on taxes specified in article IX, section 18, Constitution of ARIZONA. Based
on an estimate of assessed valuation used for secondary property tax purposes,
the portion of the proposed increase in the school district's budget over that
allowed by law which will be funded by a levy of taxes upon the taxable
property within this school district would result in an estimated increase in
the school district's tax rate of __________ dollar per one hundred dollars of
assessed valuation used for secondary property tax purposes and is in addition
to the school district's tax rate that will be levied to fund the school
district's revenue control limit allowed by law.
J. If the election is to exceed the revenue control limit as provided in section
15-482 and if the proposed increase will be fully funded by revenues other than a levy of
taxes on the taxable property within the school district, the ballot shall contain the
words "budget increase, yes" and "budget increase, no", and the voter shall signify the
voter's desired choice. The ballot shall also contain the amount of the proposed
increase of the proposed budget over the alternate budget, a statement that the amount of
the proposed increase will be based on a percentage of the school district's revenue
control limit in future years, if applicable, as provided in subsection Q of this section
and the following statement:
Any budget increase authorized by this election shall be entirely funded
by this school district with revenues from other than a levy of taxes on the
taxable property within the school district for the year for which adopted and
for _____ subsequent years and shall not be realized from monies furnished by
the state.
K. The maximum budget increase that may be requested and authorized as provided in
subsection I or J of this section, or a combination of both of these subsections, is five
per cent of the revenue control limit as provided in section 15-947, subsection A for the
budget year. For a unified school district, a common school district not within a high
school district or a common school district within a high school district that offers
instruction in high school subjects as provided in section 15-447, five per cent of the
revenue control limit means five per cent of the revenue control limit attributable to
the weighted student count in preschool programs for children with disabilities,
kindergarten programs and grades one through eight as provided in section 15-971,
subsection B.
L. If the election is to exceed the capital outlay revenue limit and if the
proposed increase will be fully funded by a levy of taxes upon the taxable property
within the school district, the ballot shall contain the words "budget increase, yes" and
"budget increase, no", and the voter shall signify the voter's desired choice. An
election held pursuant to this subsection shall be held on the first Tuesday after the
first Monday of November. The ballot shall also contain the amount of the proposed
increase of the proposed budget over the alternate budget and the following statement:
Any budget increase authorized by this election shall be entirely funded
by a levy of taxes upon the taxable property within this school district for
the year in which adopted and for _____ subsequent years, shall not be
realized from monies furnished by the state and shall not be subject to the
limitation on taxes specified in article IX, section 18, Constitution of
ARIZONA. Based on an estimate of assessed valuation used for secondary
property tax purposes, the proposed increase in the school district's budget
over that allowed by law would result in an estimated increase in the school
district's tax rate of _______________ dollar per one hundred dollars of
assessed valuation used for secondary property tax purposes and is in addition
to the school district's tax rate which will be levied to fund the school
district's capital outlay revenue limit allowed by law.
M. If the election is to exceed the capital outlay revenue limit and if the
proposed increase will be fully funded by revenues from other than a levy of taxes upon
the taxable property within the school district, the ballot shall contain the words
"budget increase, yes" and "budget increase, no", and the voter shall signify the voter's
desired choice. An election held pursuant to this subsection shall be held on the first
Tuesday after the first Monday of November. The ballot shall also contain the amount of
the proposed increase of the proposed budget over the alternate budget and the following
statement:
Any budget increase authorized by this election shall be entirely funded
by this school district with revenues from other than a levy of taxes on the
taxable property within the school district for the year in which adopted and
for ______ subsequent years and shall not be realized from monies furnished by
the state.
N. If the election is to exceed a combination of the revenue control limit as
provided in subsection E or F of this section, the revenue control limit as provided in
subsection I or J of this section or the capital outlay revenue limit as provided in
subsection L or M of this section, the ballot shall be prepared so that the voters may
vote on each proposed increase separately and shall contain statements required in the
same manner as if each proposed increase were submitted separately.
O. If the election provides for a levy of taxes on the taxable property within the
school district, at least thirty days prior to the election, the department of revenue
shall provide the school district governing board and the county school superintendent
with an estimate of the school district's assessed valuation used for secondary property
tax purposes for the ensuing fiscal year. The governing board and the county school
superintendent shall use this estimate to translate the amount of the proposed dollar
increase in the budget of the school district over that allowed by law into a tax rate
figure.
P. If the voters in a school district vote to adopt a budget in excess of the
revenue control limit as provided in subsection E or F of this section, any additional
increase shall be included in the aggregate budget limit for each of the years
authorized. Any additional increase shall be excluded from the determination of
equalization assistance. The school district governing board may, however, levy on the
assessed valuation used for secondary property tax purposes of the property in the school
district the additional increase if adopted under subsection E of this section for the
period of one year, two years or five through seven years as authorized. If an
additional increase is approved as provided in subsection F of this section, the school
district governing board may only use revenues derived from the school district's prior
year's maintenance and operation fund ending cash balance to fund the additional
increase. If a budget increase was previously authorized and will be in effect for the
budget year or budget year and subsequent years, as provided in subsection E or F of this
section, the governing board may request a new budget increase as provided in the same
subsection under which the prior budget increase was adopted which shall not exceed the
maximum amount permitted under subsection G of this section. If the voters in the school
district authorize the new budget increase amount, the existing budget increase no longer
is in effect. If the voters in the school district do not authorize the budget increase
amount, the existing budget increase remains in effect for the time period for which it
was authorized. The maximum additional increase authorized as provided in subsection E
or F of this section and the additional increase which is included in the aggregate
budget limit is based on a percentage of a school district's revenue control limit in
future years, if the budget increase is authorized for more than one year. If the
additional increase:
1. Is for two years, the proposed increase in the second year is equal to the
initial proposed percentage increase.
2. Is for five years or more, the proposed increase is equal to the initial
proposed percentage increase in the following years of the proposed increase, except that
in the next to last year it is two-thirds of the initial proposed percentage increase and
it is one-third of the initial proposed percentage increase in the last year of the
proposed increase.
Q. If the voters in a school district vote to adopt a budget in excess of the
revenue control limit as provided in subsection I or J of this section, any additional
increase shall be included in the aggregate budget limit for each of the years
authorized. Any additional increase shall be excluded from the determination of
equalization assistance. The school district governing board, however, may levy on the
assessed valuation used for secondary property tax purposes of the property in the school
district the additional increase if adopted under subsection I of this section for the
period of one year, two years or five through seven years as authorized. If an
additional increase is approved as provided in subsection J of this section, the increase
may only be budgeted and expended if sufficient monies are available in the maintenance
and operation fund of the school district. If a budget increase was previously
authorized and will be in effect for the budget year or budget year and subsequent years,
as provided in subsection I or J of this section, the governing board may request a new
budget increase as provided in the same subsection under which the prior budget increase
was adopted that does not exceed the maximum amount permitted under subsection K of this
section. If the voters in the school district authorize the new budget increase amount,
the existing budget increase no longer is in effect. If the voters in the school
district do not authorize the budget increase amount, the existing budget increase
remains in effect for the time period for which it was authorized. The maximum
additional increase authorized as provided in subsection I or J of this section and the
additional increase that is included in the aggregate budget limit is based on a
percentage of a school district's revenue control limit in future years, if the budget
increase is authorized for more than one year. If the additional increase:
1. Is for two years, the proposed increase in the second year is equal to the
initial proposed percentage increase.
2. Is for five years or more, the proposed increase is equal to the initial
proposed percentage increase in the following years of the proposed increase, except that
in the next to last year it is two-thirds of the initial proposed percentage increase and
it is one-third of the initial proposed percentage increase in the last year of the
proposed increase.
R. If the voters in a school district vote to adopt a budget in excess of the
capital outlay revenue limit as provided in subsection L of this section, any additional
increase shall be included in the aggregate budget limit for each of the years
authorized. The additional increase shall be excluded from the determination of
equalization assistance. The school district governing board may, however, levy on the
assessed valuation used for secondary property tax purposes of the property in the school
district the additional increase for the period authorized but not to exceed ten
years. For overrides approved by a vote of the qualified electors of the school district
at an election held from and after October 31, 1998, the period of the additional
increase prescribed in this subsection shall not exceed seven years for any capital
override election.
S. If the voters in a school district vote to adopt a budget in excess of the
capital outlay revenue limit as provided in subsection M of this section, any additional
increase shall be included in the aggregate budget limit for each of the years
authorized. The additional increase shall be excluded from the determination of
equalization assistance. The school district governing board may only use revenues
derived from the school district's prior year's maintenance and operation fund ending
cash balance and capital outlay fund ending cash balance to fund the additional increase
for the period authorized but not to exceed ten years. For overrides approved by a vote
of the qualified electors of the school district at an election held from and after
October 31, 1998, the period of the additional increase prescribed in this subsection
shall not exceed seven years for any capital override election.
T. In addition to subsections P and S of this section, from the maintenance and
operation fund and capital outlay fund ending cash balances, the school district
governing board shall first use any available revenues to reduce its primary tax rate to
zero and shall use any remaining revenues to fund the additional increase authorized as
provided in subsections F and M of this section.
U. If the voters in a school district disapprove the proposed budget, the alternate
budget which, except for any budget increase authorized by a prior election, does not
include an increase in the budget in excess of the amount provided in section 15-905
shall be adopted by the governing board as provided in section 15-905.
V. The governing board may request that any override election be cancelled if any
change in chapter 9 of this title changes the amount of the aggregate budget limit as
provided in section 15-905. The request to cancel the override election shall be made to
the county school superintendent at least ten days prior to the date of the scheduled
override election.
W. For any election conducted pursuant to subsection L or M of this section:
1. The ballot shall include the following statement in addition to any other
statement required by this section:
The capital improvements that are proposed to be funded through this
override election are to exceed the state standards and are in addition to
monies provided by the state.
___________ school district is proposing to increase its budget by
$__________ to fund capital improvements over and above those funded by the
state. Under the students first capital funding system, _________ school
district is entitled to state monies for building renewal, new construction
and renovation of school buildings in accordance with state law.
2. The ballot shall contain the words "budget increase, yes" and "budget increase,
no", and the voter shall signify the voter's desired choice.
3. At least eighty-five days before the election, the school district shall submit
proposed ballot language to the director of the ARIZONA legislative council. The
director of the ARIZONA legislative council shall review the proposed ballot language to
determine whether the proposed ballot language complies with this section. If the
director of the ARIZONA legislative council determines that the proposed ballot language
does not comply with this section, the director, within ten calendar days of the receipt
of the proposed ballot language, shall notify the school district of the director's
objections and the school district shall resubmit revised ballot language to the director
for approval.
X. If the voters approve the budget increase pursuant to subsection L or M of this
section, the school district shall not use the override proceeds for any purposes other
than the proposed capital improvements listed in the publicity pamphlet, except that up
to ten per cent of the override proceeds may be used for general capital expenses,
including cost overruns of proposed capital improvements.
Y. Each school district that currently increases its budget pursuant to subsection
L or M of this section is required to hold a public meeting each year between September 1
and October 31 at which an update of the progress of capital improvements financed
through the override is discussed and at which the public is permitted an opportunity to
comment. At a minimum, the update shall include a comparison of the current status and
the original projections on the construction of capital improvements, the costs of
capital improvements and the costs of capital improvements in progress or completed since
the prior meeting and the future capital plans of the school district. The school
district shall include in the public meeting a discussion of the school district's use of
state capital aid and voter-approved bonding in funding capital improvements, if any.
Z. If a budget in excess of the capital outlay revenue limit was previously adopted
by the voters in a school district and will be in effect for the budget year or budget
year and subsequent years, as provided in subsection L or M of this section, the
governing board may request an additional budget in excess of the capital outlay revenue
limit. If the voters in a school district authorize the additional budget in excess of
the capital outlay revenue limit, the existing capital outlay revenue limit budget
increase remains in effect.
15-482 Special budget override provisions; special programs to improve academic achievement of pupils in kindergarten programs and grades one through three
A. An additional budget increase may be requested and authorized as provided in
section 15-481, subsections I and J of up to five per cent of the revenue control limit
as provided in subsection B of this section if the following conditions are met:
1. The school district uses a task force of educators and other persons to develop
a special program designed to improve the academic achievement of low achieving pupils in
kindergarten programs and grades one through three, with the goal that all pupils capable
of doing so will learn the basic skills necessary for fourth grade work by the end of the
third grade.
2. The amount of the proposed budget increase as provided in subsection B of this
section is for use for the special program and is to supplement, not supplant, programs
for pupils in kindergarten programs and grades one through three which were in existence
prior to the budget increase, unless in the fiscal year prior to the fiscal year of the
proposed budget increase special programs for pupils in kindergarten programs and grades
one through three were in existence and were funded with proceeds from the sale or lease
of school property, as provided in section 15-1102.
B. The maximum amount of the budget increase requested and authorized shall not
exceed the budgeted expenditures of the proposed special program for each fiscal year,
not to exceed a total of five per cent of the revenue control limit for each fiscal
year. For a unified school district, a common school district not within a high school
district or a common school district within a high school district that offers
instruction in high school subjects as provided in section 15-447, five per cent of the
revenue control limit means five per cent of the revenue control limit attributable to
the weighted student count in preschool programs for children with disabilities,
kindergarten programs and grades one through eight as provided in section 15-971,
subsection B.
C. For each fiscal year in which a budget increase of up to five per cent of the
revenue control limit is authorized as provided in subsection A of this section, the
governing board shall:
1. Utilize a separate annual special program budget on a form prescribed by the
auditor general in conjunction with the department of education. The budget format shall
be designed to allow a school district to plan and provide in detail for expenditures to
be incurred as a result of the special program.
2. Prepare as a part of the school district annual financial report a detailed
report of expenditures incurred as a result of the special program, in a format
prescribed by the auditor general in conjunction with the department of education, as
provided in section 15-904.
D. The special program may be designed for any or all of the pupils enrolled in
kindergarten programs and grades one through three and may involve efforts to remove
barriers to academic achievement as well as efforts to improve instruction or increase
the amount of instruction. The special program, at a minimum, shall focus on pupils who,
because of innate factors, are not succeeding in the school environment as identified by
parents, guardians or school personnel. These pupils may include, but are not limited
to, those who do not qualify for special education services, who have measured
intelligence quotients of between seventy and eighty-five or who exhibit characteristics
of attention deficit disorder or learning patterns attributable to prenatal substance
exposure.
E. During any fiscal year in which proceeds from the sale or lease of school
property are used for the maintenance and operation section of the budget as provided in
section 15-1102, a budget increase is in effect as provided in section 15-481, subsection
E or F, or a budget increase is in effect as provided in this section, or any combination
of these conditions occurs, the total amount of the proceeds and increases which may be
expended is equal to fifteen per cent of the revenue control limit for that year as
provided in section 15-947, subsection A, provided that the following maximum amount is
attributable to any one of the conditions:
1. Fifteen per cent of the revenue control limit if using the proceeds from the
sale or lease of school property for the maintenance and operation section of the budget
as provided in section 15-1102.
2. Ten per cent of the revenue control limit if using a budget increase as provided
in section 15-481, subsection E or F, or both.
3. Five per cent of the revenue control limit if using a budget increase as
provided in this section. 15-491 Elections on school property; exceptions A. The governing board of a school district may, and upon petition of fifteen per cent of the school electors as shown by the poll list at the last preceding annual school election shall, call an election for the following purposes: 1. To locate or change the location of school buildings. 2. To purchase or sell school sites or buildings or sell school sites pursuant to section 15-342 or to build school buildings, but the authorization by vote of the school district shall not necessarily specify the site to be purchased. 3. To decide whether the bonds of the school district shall be issued and sold for the purpose of raising money for purchasing or leasing school lots, for building or renovating school buildings, for improving school grounds, for purchasing pupil transportation vehicles or for liquidating any indebtedness already incurred for such purposes. Except as provided in section 15-1021, subsection H, the proceeds of class B bonds or impact aid revenue bonds shall not be used for soft capital purposes except for pupil transportation vehicles. A school district shall not issue class B bonds until the school district has obligated in contract the entire proceeds of any class A bonds issued by the school district. The total amount of class A and class B bonds issued by a school district shall not exceed the debt limitations prescribed in article IX, sections 8 and 8.1, Constitution of ARIZONA. 4. To lease for five or more years, as lessor or as lessee, school buildings or grounds. Approval by a majority of the school district electors voting authorizes the governing board to negotiate for and enter into a lease. The ballot shall list the school buildings or grounds for which a lease is sought. If the governing board does not enter into a lease of five or more years of the school buildings or grounds listed on the ballot within five years of the date of the election and the board continues to seek such a lease, the governing board shall call a special election to reauthorize the board to negotiate for and to enter into a lease of five or more years. B. No petition shall be required for the holding of the first election to be held in a joint common school district for any of the purposes specified in subsection A of this section. The notice of election required by section 15-492 shall be published in each of the counties which comprise the joint common school district. The certification of election results required by section 15-493 shall be made to the board of supervisors of the jurisdictional county. C. When the election is called to determine whether or not bonds of the school district shall be issued and sold for the purposes enumerated in the call for the election, the question shall be submitted to the vote of the qualified electors of the school district as defined in section 15-401 and subject to the provisions of section 15-402. D. The governing board shall order the election to be held in the manner prescribed in title 35, chapter 3, article 3. If a petition for an election has been filed with the governing board as provided in subsection A of this section, the board shall act upon the petition within sixty days by ordering the election to be held as provided in this subsection. If a school district bond election is scheduled for the same date a school district will hold an override election, the governing body shall deliver a copy of the notice of election and ballot to the county school superintendent who shall include the notice of election and ballot with the information report and ballot prepared for the override election. Mailing of the information required for both the override and bond elections shall constitute compliance with the notice provisions of this section. E. The elections to be held pursuant to this section shall only be held on dates prescribed by section 16-204, except that elections held pursuant to this section to decide whether class B bonds shall be issued shall only be held on the first Tuesday after the first Monday of November. F. Subsection A, paragraph 2 of this section does not apply to the sale of school property if the market value of the school property is less than fifty thousand dollars. G. Bond counsel fees, financial advisory fees, printing costs and paying agent and registrar fees for bonds issued pursuant to an election under this section shall be paid from either the amount authorized by the qualified electors of the school district or current operating funds. Bond election expenses shall be paid from current operating funds only. H. For any election conducted to decide whether class B bonds will be issued pursuant to this section: 1. Except as provided in paragraph 2 of this subsection, the ballot shall include the following statement: The capital improvements that are proposed to be funded through this bond issuance are to exceed the state standards and are in addition to monies provided by the state. ___________ school district is proposing to issue class B general obligation bonds totaling $__________ to fund capital improvements over and above those funded by the state. Under the students first capital funding system, _________ school district is entitled to state monies for building renewal, new construction and renovation of school buildings in accordance with state law. 2. For a school district that is a joint technological education district, the ballot shall include the following statement: ___________, a joint technological education district, is proposing to issue class B general obligation bonds totaling $___________ to fund capital improvements at the main campus of the joint technological education district. 3. The ballot shall contain the words "bond approval, yes" and "bond approval, no", and the voter shall signify the voter's desired choice. 4. The ballot shall also contain the phrase "the issuance of these bonds will result in an annual levy of property taxes sufficient to pay the debt on the bonds". 5. At least eighty-five days before the election, the school district shall submit proposed ballot language to the director of the ARIZONA legislative council. The director of the ARIZONA legislative council shall review the proposed ballot language to determine whether the proposed ballot language complies with this section. If the director of the ARIZONA legislative council determines that the proposed ballot language does not comply with this section, the director, within ten calendar days of the receipt of the proposed ballot language, shall notify the school district of the director's objections and the school district shall resubmit revised ballot language to the director for approval. 6. No later than ten days before a class B bond election conducted pursuant to this section, the school district shall mail to each qualified elector in the school district a publicity pamphlet. The publicity pamphlet shall contain, at a minimum, the following information: (a) An executive summary of the school district's most recent capital plan submitted to the school facilities board. (b) A complete list of each proposed capital improvement that will be funded with the proceeds of the bonds and a description of the proposed cost of each improvement, including a separate aggregation of capital improvements for administrative purposes as defined by the school facilities board. (c) The tax rate associated with each of the proposed capital improvements and the estimated cost of each capital improvement for the owner of a single family home that is valued at one hundred thousand dollars. I. For any election conducted to decide whether impact aid revenue bonds shall be issued pursuant to this section: 1. The ballot shall include the following statement: The capital improvements that are proposed to be funded through this bond issuance are to exceed the state standards and are in addition to monies provided by the state. __________ school district is proposing to issue impact aid revenue bonds totaling $__________ to fund capital improvements over and above those funded by the state. Under the students first capital funding system, _________ school district is entitled to state monies for building renewal, new construction and renovation of school buildings in accordance with state law. 2. The ballot shall contain the words "bond approval, yes" and "bond approval, no", and the voter shall signify the voter's desired choice. 3. At least eighty-five days before the election, the school district shall submit proposed ballot language to the director of the legislative council. The director of the legislative council shall review the proposed ballot language to determine whether the proposed ballot language complies with this section. If the director of the legislative council determines that the proposed ballot language does not comply with this section, the director, within ten calendar days of the receipt of the proposed ballot language, shall notify the school district of the director's objections and the school district shall resubmit revised ballot language to the director for approval. 4. No later than ten days before an impact aid revenue bond election conducted pursuant to this section, the school district shall mail to each qualified elector in the school district a publicity pamphlet. The publicity pamphlet shall contain, at a minimum, the following information: (a) An executive summary of the school district's most recent capital plan submitted to the school facilities board. (b) A complete list of each proposed capital improvement that will be funded with the proceeds of the bonds and a description of the proposed cost of each improvement, including a separate aggregation of capital improvements for administrative purposes as defined by the school facilities board. (c) A statement that impact aid revenue bonds will be fully funded by aid that the school district receives from the federal government and do not require a levy of taxes in the district. (d) A statement that if the bonds are approved the first priority for the impact aid will be to pay the debt service for the bonds and that other uses of the monies are prohibited until the debt service obligation is met. (e) A statement that if the impact aid revenue bonds are approved, the school district shall not issue or sell class B bonds while the district has existing indebtedness from impact aid revenue bonds, except for bonds issued to refund any bonds issued by the board. J. If the voters approve the issuance of school district class B bonds or impact aid revenue bonds, the school district shall not use the bond proceeds for any purposes other than the proposed capital improvements listed in the publicity pamphlet, except that up to ten per cent of the bond proceeds may be used for general capital expenses, including cost overruns of proposed capital improvements. K. Each school district that issues bonds under this section is required to hold a public meeting each year between September 1 and October 31, until the bond proceeds are spent, at which an update of the progress of capital improvements financed through bonding is discussed and at which the public is permitted an opportunity to comment. At a minimum, the update shall include a comparison of the current status and the original projections on the construction of capital improvements, the costs of capital improvements and the costs of capital improvements in progress or completed since the prior meeting and the future capital bonding plans of the school district. The school district shall include in the public meeting a discussion of the school district's use of state capital aid and voter-approved capital overrides in funding capital improvements, if any. 15-492 Bond election; pamphlet
Notice and procedures for an election upon the question of bond issues shall be
conducted in the manner prescribed in title 35, chapter 3, article 3, and the county
school superintendent shall prepare the required informational pamphlet.
15-493 Canvass of votes; certification of result
The official returns shall be delivered to the county board of supervisors or the
appropriate county elections officer. Within fourteen days of the election, the county
board of supervisors or the county elections officer shall canvass the results of the
election and shall file duplicate copies of the certificate of the result of the election
with the clerk of the board of supervisors and with the governing board of the school
district.
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