The commissioner shall determine the necessity for reapportionment.
1.Duties of commissioner.
The commissioner shall determine if a regional school unit is apportioned in accordance with the one-person, one-vote principle if:
2.Awaiting census results.
If the commissioner receives a request within 12 months before a Federal Decennial Census or Federal Estimated Census, the commissioner may wait until after the new census figures are available to make a determination under subsection 1.
3.Findings and order.
If the commissioner finds the regional school unit representation is not apportioned in accordance with the principle of one person, one vote, the commissioner, within 7 days of that decision, shall notify the superintendent of the regional school unit of the finding and order the su
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The commissioner shall determine the necessity for reapportionment.
1.
Duties of commissioner.
The commissioner shall determine if a regional school unit is apportioned in accordance with the one-person, one-vote principle if:
2.
Awaiting census results.
If the commissioner receives a request within 12 months before a Federal Decennial Census or Federal Estimated Census, the commissioner may wait until after the new census figures are available to make a determination under subsection 1.
3.
Findings and order.
If the commissioner finds the regional school unit representation is not apportioned in accordance with the principle of one person, one vote, the commissioner, within 7 days of that decision, shall notify the superintendent of the regional school unit of the finding and order the superintendent to notify the municipal officers in each municipality in the regional school unit and the regional school unit board to create a reapportionment committee. The superintendent's notification must include the commissioner's notification, the information provided pursuant to subsection 6 and the time and place for the first meeting of the committee, which must be held not later than 20 days after the notification.
4.
Reapportionment committee membership.
The reapportionment committee consists of one municipal officer and one citizen from each member municipality, chosen by the respective municipal officers, and one director from each municipality, chosen by the board of directors. The appointments must be made prior to the first meeting of the committee.
5.
Quorum.
A majority of the reapportionment committee constitutes a quorum.
6.
Duties of commissioner.
The commissioner shall provide the superintendent of the regional school unit with the most recent Federal Decennial Census or Federal Estimated Census figures for each municipality in the regional school unit and at least one recommended apportionment plan.
7.
Duties of the reapportionment committee.
The reapportionment committee shall:
8.
Commissioner approval.
The commissioner shall approve or disapprove the reapportionment committee plan under subsection 7 within 30 days of receiving it.
9.
Failure to gain commissioner approval.
If a reapportionment plan has not been adopted by the reapportionment committee or approved by the commissioner within the time limits of subsection 7, the commissioner shall prepare a suitable plan.
10.
Putting the approved plan into effect.
On approval of a reapportionment plan, the commissioner shall send a certified copy to the municipal officers and regional school unit board. The original reapportionment plan must be retained in the department files.
11.
Duties of present directors during reapportionment.
The regional school unit board, during the reapportionment of its membership, serves as the legal representative of the regional school unit until the reapportionment is completed. The board shall carry out all business of the regional school unit, including the borrowing of funds that may be required during the period of reapportionment.
12.
State board review of commissioner's decisions.
A regional school unit board or interested parties may request that the state board reconsider decisions made by the commissioner under this section. The state board has the authority to overturn a decision made by the commissioner. In exercising this power, the state board is limited by this section.