§ 1526. Enlarged city school districts.
1.The commissioner of\neducation is hereby authorized and empowered to create enlarged city\nschool districts by consolidation of city school districts of cities of\nless than one hundred twenty-five thousand inhabitants with such area or\nareas contiguous to such city school districts as, in his discretion,\nare suitable for the establishment of enlarged city school systems, and\nto fix, determine and define the boundaries of such enlarged districts\nas provided in this section.\n 2. The commissioner is hereby authorized and empowered to make and\nenter in his office orders laying out such area or areas contiguous to a\ncity school district of a city of less than one hundred twenty-five\nthousand inhabitants, provided, however, that no school d
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§ 1526. Enlarged city school districts. 1. The commissioner of\neducation is hereby authorized and empowered to create enlarged city\nschool districts by consolidation of city school districts of cities of\nless than one hundred twenty-five thousand inhabitants with such area or\nareas contiguous to such city school districts as, in his discretion,\nare suitable for the establishment of enlarged city school systems, and\nto fix, determine and define the boundaries of such enlarged districts\nas provided in this section.\n 2. The commissioner is hereby authorized and empowered to make and\nenter in his office orders laying out such area or areas contiguous to a\ncity school district of a city of less than one hundred twenty-five\nthousand inhabitants, provided, however, that no school district which\nhas an outstanding bonded indebtedness shall be divided by such order in\nsuch manner that only a part of such district is included in such an\narea.\n 3. Within ten days after the making and entry of an order pursuant to\nthis section, the commissioner shall transmit a certified copy thereof\nto the board of education of the city school district and the clerk, or\nin the event there is no clerk, to the trustee or trustees of each\nschool district wholly or partly included in such area or areas. Such\nclerk, trustee or trustees, as the case may be, shall, within five days\nafter receipt of such order, post a copy thereof in five conspicuous\nplaces in such district.\n 4. No such area or areas laid out by order of the commissioner shall\nbe consolidated with such city school district until a majority of the\nqualified voters of such area or areas have adopted a proposition to\nconsolidate such area or areas with the city school district, as\nprovided in this section, and until the board of education of the city\nschool district has consented to such consolidation by resolution duly\nadopted and has transmitted a certified copy of such resolution to the\ncommissioner.\n 5. When the order laying out such area or areas has been made and\nentered as provided in this section, a petition may be presented by\npersons qualified to vote at school meetings, asking for the\nestablishment of an enlarged city school district by the consolidation\nof such area or areas with the city school district. Such petition shall\nbe signed by a number of qualified voters equal to at least ten per\ncentum of the children in the area or areas according to the latest\nschool census for the area or areas laid out by the commissioner. Such\npetition shall be filed with the commissioner and shall request that an\nelection of the qualified voters within such area or areas be called for\nthe purpose of determining whether or not such area or areas shall be\nconsolidated with the city school district. If the commissioner is\nsatisfied that the petition has been duly signed as provided in this\nsection, he shall fix a time and place or places for an election of the\nqualified voters within each such area, which election shall be held not\nmore than thirty days after the filing of such petition.\n 6. The commissioner of education shall divide the area into a school\nelection district or districts. The area shall be so divided that if\ncircumstances will permit, the school election district will be\ncoterminous with one or more school districts, or parts or combinations\nthereof, and that, if practicable, there shall be a schoolhouse in each\nschool election district. The commissioner shall describe each of such\nelection districts. If there is no public schoolhouse in a school\nelection district, the commissioner shall designate the place where the\nelection in such district shall be had.\n 7. The commissioner shall cause notice of such election to be posted\nat least ten days before the election in three conspicuous places in\neach school district wholly or partly within such area. In addition to\nthe posting of such notice a copy thereof shall be published at least\nseven days before the election in a daily or weekly newspaper published\nwithin the area or in a newspaper having general circulation therein.\nSuch notice shall state the day of election and the hours the polls are\nto be open, shall describe the school election district or districts\ninto which the area is divided, shall specify the schoolhouses or other\nplaces therein where such election will be held and where the ballots\nwill be canvassed.\n 8. The election shall take place during at least four consecutive\nhours between the hours of seven o'clock in the forenoon and ten o'clock\nin the evening, as determined by the commissioner of education.\n 9. Any person qualified to vote in any school district wholly or\npartly within the area laid out by the commissioner and who resides\nwithin such area shall be qualified to vote at the election. Before each\nperson casts his ballot he shall be required to sign a statement\ncontained in a poll book provided for the purpose, declaring that he is\na qualified voter within the area.\n 10. The commissioner of education shall appoint a board of canvass for\nthe entire area. Such board shall organize by naming one of its members\nas chairman and shall, as soon as the ballot boxes and books containing\nthe names of the voters have been delivered to the board of canvass in\nthe place designated by the commissioner of education, count all the\nballots. Prior to ascertaining the manner in which any voter has marked\nhis ballot, the number of ballots from each school election district\nshall be counted separately without opening them and if the number does\nnot correspond with the number of names contained in the poll book of\nsuch school election district, the board before canvassing the ballots,\nshall withdraw therefrom a number sufficient to make the number of\nballots correspond with the number of names in the poll book.\nThereafter, and before ascertaining the manner in which any voter has\nvoted, the board of canvass shall cause the ballots cast at each school\nelection district to be thoroughly intermingled with each other in a\nsingle ballot box large enough to contain the aggregate number of votes\ncast. A majority of the valid votes cast shall be necessary to adopt the\nresolution. Such board shall certify to the commissioner of education\nthe total number of votes cast, the number of valid votes cast for the\nproposition to consolidate the area with the city school district, the\nnumber of valid votes cast against the proposition, the number of void\nballots and the number of blank ballots. The board of canvass shall file\na copy of such certificate with each superintendent of schools in whose\njurisdiction such area is located and shall also file a copy thereof\nwith the town clerk of each town in which any part of such area is\nlocated. The board of canvass shall seal the books and ballots\nimmediately upon completion of the certificate setting forth the result,\nand shall file such sealed books and ballots with the board of education\nof the city school district, which board of education shall retain and\ndispose of such books and ballots as provided by law. If an appeal is\nbrought from the election, the ballots shall be available for the\ninspection of the commissioner of education.\n 11. The commissioner of education shall designate a member or members\nof the board of canvass to act as an election board for the conduct of\nthe election in each school election district. The election board shall\nadminister the challenges.\n 12. The board of canvass shall furnish poll books, ballots and locked\nballot boxes for each school election district.\n 13. After the polls are closed, and after all persons within the\npolling place have voted, the election board shall forthwith proceed to\ndeliver to the board of canvass at the place designated by the\ncommissioner of education, the ballot box and the book containing the\nnames of the voters. Any wilful violation of this paragraph shall be a\nmisdemeanor.\n 14. Upon an appeal to the commissioner of education, substantial\ncompliance with the procedures herein required shall be sufficient to\nmeet the intent of this section.\n 15. If the proposition to consolidate such area with such city school\ndistrict is adopted, the commissioner may by order consolidate such area\nor areas, and all school districts and parts of school districts\nincluded therein, with such city school district. Such order shall\nspecify a date on which the same shall take effect, and the provisions\nof sections fifteen hundred fourteen, fifteen hundred seventeen and\nfifteen hundred eighteen shall be applicable to such consolidation. A\ncopy of such order shall be filed with the clerk of each school district\naffected thereby.\n 16. If at any such election the proposition to consolidate shall not\nbe adopted, no such election shall again be called within one year after\nsuch original election. If no election shall be called to reconsider the\nquestion within two years after such original election or if at any such\nelection called within two years after such original election the\nproposition shall again fail of adoption, the order of the commissioner\nlaying out such area or areas shall be deemed null and void and of no\nfurther force and effect.\n 17. Unless the effective date of such order of consolidation shall\ncoincide with the beginning of the fiscal year of the city school\ndistrict, the board of education of the city school district upon the\neffective date of the order of consolidation, shall levy a tax upon the\narea so consolidated with the city school district, to defray the\nexpenses of educating the pupils of such area from the effective date of\nthe consolidation to the beginning of the next ensuing fiscal year of\nthe city school district. For this purpose, the school tax rate used for\nthe fiscal year of the city school district in progress on the effective\ndate of such order shall be used, except that such rate shall be divided\nby twelve and multiplied by the number of months intervening between the\neffective date of such order and the beginning of the next ensuing\nfiscal year of the city school district. The tax list for this purpose\nshall be prepared and confirmed within thirty days after the effective\ndate of such consolidation.\n 18. In any enlarged city school district created pursuant to this\nsection, the proper equalization rate or rates shall be fixed and\ndetermined annually pursuant to the provisions of section thirty-five\nhundred five of this chapter.\n 19. The expense of posting and publishing of the notices and of\nfurnishing the poll books, ballots and ballot boxes shall be borne\nequally by the several school districts wholly or partly included within\nsuch area, unless a consolidation order is made, in which event such\nexpense shall become a charge upon the enlarged city school district.\n