(1)The plan of
organization must include, but need not be limited to, consideration of the
following:
(a)The educational needs of pupils in the affected school districts, including
the convenience and welfare of pupils;
(b)The provision of diverse educational opportunities for students;
(c)Equalization of the educational opportunities provided to students in the
affected school districts;
(d)Implementation of the actions required by the state board pursuant to
section 22-11-209 (3);
(d.5) The reasons for which the school district was unable to improve its
performance sufficiently to avoid removal of accreditation pursuant to section 22-11-209;
(f)Establishment of boundaries for all existing or new school districts in the
plan of organization by
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(1) The plan of
organization must include, but need not be limited to, consideration of the
following:
(a) The educational needs of pupils in the affected school districts, including
the convenience and welfare of pupils;
(b) The provision of diverse educational opportunities for students;
(c) Equalization of the educational opportunities provided to students in the
affected school districts;
(d) Implementation of the actions required by the state board pursuant to
section 22-11-209 (3);
(d.5) The reasons for which the school district was unable to improve its
performance sufficiently to avoid removal of accreditation pursuant to section 22-11-209;
(e) Facility utilization;
(f) Establishment of boundaries for all existing or new school districts in the
plan of organization by legal description;
(g) Equitable adjustment and distribution of all or any part of the properties
and cash assets of the school districts whose boundaries may be affected by the
creation or dissolution of a school district or by the detachment and annexation of
territory. The plan of organization may also provide for equitable adjustment of the
liabilities of the school districts, other than bonded indebtedness, at the option of
the committee. In considering an equitable adjustment of the assets of such school
districts, the committee shall consider the outstanding general liabilities and
obligations of the school districts that may be so affected, the number of children
attending public school in each such school district, the valuation for assessment of
taxable property in each such school district, the amount of outstanding bonded
indebtedness of each such school district, the purpose for which such bonded
indebtedness was incurred, and the value, location, and disposition of all real
properties located in the school districts that may be affected by the creation or
dissolution of a school district or the detachment and annexation of territory. In
considering an equitable adjustment of the assets of such school districts, the plan
of organization may provide for authorization of new bonded indebtedness or
assumption of outstanding bonded indebtedness by any school district in such
proportions and for such purposes as the committee deems appropriate to
equitably adjust and distribute such assets.
(h) Provision of a specific plan of representation for the members of the
board of education of any proposed new school district. Each proposed new school
district may be subdivided into five or seven director school districts or may have all
directors elected at large or may have a combination thereof. The term of office of
school directors in each proposed new school district shall be for four years.
(i) Dates for one or more special school district elections to address the
following:
(I) Adoption of the final approved plan of organization;
(II) Election of a board of directors if the plan of organization results in the
creation of a new school district; except that such plan shall not interfere with the
regular biennial election schedule; and
(III) Financial issues, if necessary, including but not limited to an increase in
the mill levy, which election shall be held in accordance with the requirements of
section 20 of article X of the state constitution;
(j) If the plan of organization results in the creation of a new school district,
the estimated maximum increase in the mill levy to be imposed on property
included within the new district considering the factors enumerated in section 22-54-106 (2)(c) or (2.1)(e), whichever is applicable. If the plan of organization results in
the detachment and annexation of territory between existing school districts, the
plan of organization must include the mill levy of the annexing district that will be
imposed on the affected territory.
(k) If the plan of organization results in the creation of a new school district,
a source of operating funds to be used by the new school district prior to receiving
the state share of the total district program pursuant to the Public School Finance
Act of 2025, article 54 of this title 22, on July 1 of the new school district's first
budget year.
(1.5) The plan of organization shall provide that all school districts affected
by the plan of organization shall provide a full twelve-grade education within the
boundaries of each affected school district.
(2) If the plan of organization results in the dissolution of a school district
which has outstanding bonded indebtedness obligations or liabilities, the plan of
organization shall designate a new school district, which includes at least a portion
of the dissolved school district, as a successor for the purpose of administering
payment of the bonded indebtedness obligations of the dissolved school district,
and the board of education of the new school district so designated shall have all
the powers, rights, duties, and responsibilities of the board of education of the
dissolved school district for administering payment of the outstanding bonded
indebtedness obligations and liabilities of the dissolved school district. All revenues
which accrue from the tax levies to satisfy said obligations and liabilities, and all
interest which may accrue thereto as a result of investments authorized by law,
shall be held in trust by the board of education of the new school district so
designated for the purpose only of satisfying said bonded indebtedness obligations
and liabilities of the dissolved school district.
(3) If the reorganization results in the creation of one or more additional
school districts within the boundaries of an existing school district, the plan of
organization may include:
(a) Authorization for the existing school district and the new school district
or districts to enter into a revenue sharing agreement. The plan of organization
shall specify the period of time during which revenue sharing may occur.
(b) Provisions for creation of a joint taxation district as provided in part 2 of
this article.
(4) If the plan of organization results in creation of one or more new school
districts or alterations of the boundaries of existing school districts, the plan shall
ensure that the school district boundaries are not set in such a way as to create any
portion of a school district that is not contiguous to the remainder of the school
district.