§ 20-6-423 — District Reorganization

20-6-423 . District reorganization. (1) (a) Any two or more contiguous elementary school districts may reorganize to form a single elementary district.
(b) Any two or more contiguous high school districts may reorganize to form a single high school district.
(c) Any two or more contiguous K-12 school districts may reorganize to form a single K-12 school district.
(d) Any two or more school districts may reorganize to form a single K-12 school district.
(e) The reorganization must be conducted as provided in this section.
(2) (a) A reorganization proposition may be introduced, individually, in each of the districts by either of the two following methods:
(i) the trustees may pass a resolution requesting the county superintendent of the county where the district is located to order an election to consider a reorganization proposition involving their district; or
(ii) not less than 20% of the electors of an individual district who are qualified to vote under the provisions of 20-20-301 may petition the county superintendent of the county where the district is located requesting an election to consider a reorganization proposition involving their district.
(b) (i) When two or more districts reorganize under subsections (1)(a) through (1)(c), the resolution or petition must state whether the reorganization is to be made with or without the joint assumption of the bonded indebtedness of each district by all districts included in the reorganization. The resolution or petition from each district must agree on whether or not there will be joint assumption of bonded indebtedness. Without agreement, the reorganization proposition may not be considered further.
(ii) When two or more districts reorganize under subsection (1)(d), any bonded indebtedness of a district remains an obligation of the original territory of the district.
(3) When a county superintendent has received a resolution or a valid petition from each of the districts included in the reorganization proposition, the county superintendent shall, within 10 days after the receipt of the last resolution or petition and as provided by 20-20-201 , order the trustees of each district included in the reorganization proposition to call a reorganization election to be held no later than December 31 preceding the school year in which the reorganization is to become effective. If the districts involved in the reorganization proposition are located in more than one county, the county superintendents in both counties shall jointly order the district to call a reorganization election.
(4) Each district, individually, shall call and conduct an election in the manner prescribed in this title for school elections and subject to additional requirements of subsections (5) and (6). Any elector qualified to vote under the provisions of 20-20-301 may vote.
(5) (a) If the districts to be reorganized are to jointly assume the bonded indebtedness of each district involved in the reorganization, the ballots must read, after stating the reorganization proposition, "FOR reorganization with assumption of bonded indebtedness" and "AGAINST reorganization with assumption of bonded indebtedness".
(b) When the trustees in each district conducting an election canvass the vote under the provisions of 20-20-415 , they shall determine the number of votes "FOR" and "AGAINST" the proposition.
(c) The proposition is approved in the district if a majority of those voting approve the proposition.
(6) If the districts to be reorganized are not to jointly assume the bonded indebtedness of each district involved in the reorganization, the ballots must read, after stating the reorganization proposition, "FOR reorganization without assumption of bonded indebtedness" and "AGAINST reorganization without assumption of bonded indebtedness". The reorganization proposition is approved by a district if a majority of those voting in a district approve the proposition. Otherwise it is disapproved.
(7) (a) After the county superintendent of each county where a district involved in the reorganization proposition is located has received the election certification provided for in 20-20-416 from the trustees of each district included in a reorganization proposition, the appropriate county superintendent shall determine if the reorganization proposition has been approved in each district. If each district has approved the reorganization proposition, each county superintendent shall, within 10 days after the receipt of the last election certificate, order the reorganization of the districts effective July 1 of the ensuing school fiscal year. The order must:
(i) for reorganization with the joint assumption of bonded indebtedness, specify that there will be joint assumption of bonded indebtedness between the owners of all taxable real and personal property in each district forming the reorganized district;
(ii) specify the number of the reorganized district;
(iii) for a reorganization under subsection (1)(d), order any boundary changes necessary to create the K-12 district; and
(iv) establish an interim board of trustees for the reorganized district as provided in 20-6-424 . The trustees shall serve until their successors are elected at the next succeeding regular school election and qualified.
(b) Each county superintendent shall send a copy of the order to the board of county commissioners of each county where a district involved in the reorganization proposition is located and to the trustees of each district incorporated in the reorganization order.
(8) If any district included in the reorganization proposition disapproves the reorganization proposition, the reorganization of all districts fails and the appropriate county superintendent shall notify each district of the disapproval of the reorganization proposition.

Legislative History

En. Sec. 3, Ch. 510, L. 2005; amd. Sec. 14, Ch. 510, L. 2005; amd. Sec. 11, Ch. 466, L. 2025.