§ 15.1-12-27 — Dissolution of school district - Notice - Hearing - Order of attachment

North Dakota § 15.1-12-27

• Jurisdiction: North Dakota
• Title 15.1: Elementary and Secondary Education
• Ch. 15.1-12: Annexation, Reorganization, and Dissolution

Text

1. The county superintendent shall schedule and give notice of a public hearing
regarding the dissolution of the district and the subsequent attachment of the property
to other high school districts in the same county, or to non-high school districts in the
same county if there are no high school districts in the same county adjacent to the
district being dissolved. The county superintendent shall publish the notice in the
official newspaper of each county that encompasses property in the dissolving district
and in the official newspaper of each county that encompasses property in a high
school district adjacent to the dissolving district, or to non-high school districts in the
same county if there are no high school districts in the same county adjacent to the
district being dissolved, at least fourteen days before the date of the hearing. The
county superintendent shall provide notice of the public hearing to the business
manager of each high school district adjacent to the dissolving district, or to non-high
school districts in the same county if there are no high school districts in the same
county adjacent to the district being dissolved.
2. At the hearing, the board of the dissolving district may propose a particular manner of
dissolution, including the sale, exchange, or donation of property and assets of the
dissolving district to another political subdivision for less than fair market value.
3. The county committee shall consider testimony and documentary evidence regarding:
a. The value and amount of property held by the dissolving school district;
b. The amount of all outstanding bonded and other indebtedness;
c. The distribution of property and assets among the school districts to which the
dissolved district is attached, or to another political subdivision as proposed by
the dissolving district;
d. The taxable valuation of the dissolving district and adjacent school districts and
the taxable valuation of adjacent school districts under the proposed manner of
dissolution;
e. The size, geographical features, and boundaries of the dissolving district and of
adjacent school districts;
f. The number of students enrolled in the dissolving district and in adjacent school
districts;
g. Each school in the dissolving district and in adjacent school districts, including its
name, location, condition, accessibility, and the grade levels it offers;
h. The location and condition of roads, highways, and natural barriers in the
dissolving district and in adjacent school districts;
i. Conditions affecting the welfare of students in the dissolving district and in
adjacent school districts;
j. The boundaries of other governmental entities;
k. The educational needs of communities in the dissolving district and in adjacent
school districts;
l. Potential savings in school district transportation and administrative services;
m. The anticipated future use of the dissolving districts' buildings, sites, and
playfields;
n. The potential for a reduction in per student valuation disparities between the
school districts to which the dissolved district is attached;
o. The potential to equalize or increase the educational opportunities for students
from the dissolving district and for students in adjacent school districts; and
p. All other relevant factors.
4. After the hearing, the county committee shall make findings of fact. Subject to final
approval by the state board, the county committee may order the district dissolved and
its real property or assets:
a. Attached to one or more contiguous, operating high school districts in the same
county;

b. Attached to non-high school districts in the same county if there are no high
school districts in the same county adjacent to the district being dissolved; or
c. Sold, exchanged, or donated to another political subdivision for less than fair
market value provided the dissolving district has sufficient property and assets
remaining to satisfy the requirements of sections 15.1-12-28 and 15.1-12-28.1.
5. Any property ordered attached to other school districts under this section must have at
least one minor residing within its boundaries.
6. The county superintendent shall forward all minutes, records, documentary evidence,
and other information regarding the dissolution proceeding together with a copy of the
county committee's order to the state board for final approval of the dissolution. The
state board shall publish notice of its meeting at which it will consider the dissolution,
in the official newspapers of the counties required for publication under subsection 1,
at least fourteen days before the meeting.
7. The order of dissolution becomes effective July first following approval by the state
board, unless the county committee provides for a different effective date.
8. If the boundaries of the dissolving school district cross county lines, the proceeding to
dissolve the district must be conducted jointly by the county committees representing
counties containing twenty-five percent or more of the dissolving district's taxable
valuation. If, after the hearing, a majority of the county committees are unable to agree
upon an order of dissolution and attachment, the county superintendent of the county
in which the administrative headquarters of the dissolving school district is located
shall notify the state board. The state board shall conduct a public hearing, as required
in this section, and order the dissolution of the district and the attachment of its real
property to adjacent school districts in the manner it deems appropriate. The state
board shall publish notice of the public hearing in the official newspapers of the
counties required for publication under subsection 1, at least fourteen days before the
date of the hearing.
9. If any portion of the order providing for the attachment of real property is suspended or
voided, the order of dissolution is likewise suspended or voided.
10. The state board shall provide a copy of its final findings of fact, conclusions of law, and
order regarding the dissolution to job service North Dakota. If not otherwise included in
the findings of fact, the state board shall also provide job service North Dakota with
information on the distribution and valuation of property from the dissolving district to
the receiving districts.