From the ECS State Policy Database School/District Structure/Operations--District Consolidation/Deconsolidation

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary AR Adopted 09/2012 pre-K-12 Repeal of Rules Governing Administrative Consolidation or Annexation of Public School Districts; Repeal of ADE 236 - Rules Governing Consolidation or Annexation of Public School Districts; Repeal of ADE 231 - Rules Governing Distribution of Consolidation/Annexation Incentive Funding. http://170.94.37.152/REGS/005.01.12-012F-13137.pdf Title: AR ADC 005.01.4-1.0 to AR ADC 005.01.4-8.0; AR ADC 005.01.7-1.0 toAR ADC 005.01.7-5.0 Source: http://www.sos.arkansas.gov/rules_and_regs/index.php AR Adopted 09/2012 pre-K-12 Establishes the requirements and procedures concerning the consolidation and annexation of school districts; the administrative consolidation and annexation of school districts; and the distribution of consolidation/annexation incentive funding. http://170.94.37.152/REGS/005.01.12-011F-13136.pdf Title: AR ADC 005.01.4-1.00 to AR ADC 005.01.4-28.00 Source: http://www.sos.arkansas.gov/rules_and_regs/index.php CA Signed into law 09/2012 P-12 From bill summary: Existing law defines a "lapse" as an action to dissolve a school district and annex the entire territory of that district to one or more adjoining school districts. Existing law makes an action to lapse a school district subject to specified general statutory provisions regarding the reorganization of school districts. New provision makes an action to lapse a school district also subject to other provisions regarding plans and recommendations of a county committee on school district organization. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2651-2700/ab_2662_bill_20120926_chaptered.pdf Title: A.B. 2662 - Annexation of School Districts Source: www.leginfo.ca.gov IL Signed into law 08/2012 P-12 Allows greater flexibility for recently consolidated districts when setting their local tax rate in the four years after consolidation. http://www.ilga.gov/legislation/publicacts/97/PDF/097-1022.pdf Title: S.B. 3252 Source: www.ilga.gov LA Signed into law 06/2012 P-12 Requires an election to be called before consolidating two or more school systems, pursuant to an act of the legislature or a resolution adopted by each of the affected school boards. Provides consolidation is subject to approval by a majority of voters in each of the affected school systems. http://legis.la.gov/billdata/streamdocument.asp?did=811732 Title: S.B. 745 Source: legis.la.gov MS Signed into law 05/2012 P-12 Relating to low-performing schools and school districts: Provides that if a local school district violates accreditation standards determined to be the basis for immediate withdrawal of accreditation, there shall be a show cause hearing conducted by the commission on school accreditation; Authorizes the parent or guardian of a child enrolled in a school district whose accreditation has been withdrawn to petition for a transfer into an accredited school district and to provide for the transfer of state adequate program funds to the transferee school district; Authorizes the State Board of Education to abolish a school district and administratively consolidate with one or more existing school districts in emergency situations with the approval of the transferee school district; Authorizes loans to school districts under conservatorship from the school district emergency assistance fund and provides that such fund is a special fund which shall not lapse into the state general fund; Authorizes and directs the State Board of Education and The State Department of Education to change the performance level terminology for schools and school districts to "A", "B", "C", "D" and "F" based on established benchmarks of student achievement and growth; Provides that such new terminology for accreditation rating purposes is effective upon full implementation of Common Core State Standards and Assessments; Provides that a board member or superintendent in office at the time the governor declares a state of emergency in a school district is not eligible to serve in that office in such school district and provides that the new superintendent in such school district be appointed. http://billstatus.ls.state.ms.us/documents/2012/pdf/SB/2700-2799/SB2737SG.pdf Title: S.B. 2737 Source: http://billstatus.ls.state.ms.us/ VT Signed into law 05/2012 P-12 Provides fiscal incentives for supervisory unions that decide to merge and for regional districts and district mergers. http://www.leg.state.vt.us/docs/2012/Acts/ACT156.pdf Title: S.B. 113 - Mergers Section Source: http://www.leg.state.vt.us MS Signed into law 04/2012 P-12 Provides that in any mississippi county having three school districts, all of which are under conservatorship by the mississippi department of education, there shall be an administrative consolidation into one countywide school district. Provides for a new county board of education to be elected in such county in a november 2013 special election. Provides that the new county board of education shall serve as the lead agency to consolidate the school districts in such county and to direct the state board of education to administratively consolidate any school district which does not voluntarily follow the consolidation order. Abolishes the former school boards following the administrative consolidation and provides for the transfer of school district assets and liabilities. Provides for the appointment of a new county superintendent of education in said county. Provides for execution of teacher and school district employee contracts in the new school districts and provides for the preparation of school district budgets in the new school districts. Directs the state board of education to promulgate regulations to implement such administrative consolidation. http://billstatus.ls.state.ms.us/documents/2012/pdf/SB/2300-2399/SB2330SG.pdf Title: S.B. 2330 Source: http://billstatus.ls.state.ms.us/ AZ Signed into law 03/2012 P-12 Authorizes an elementary school district that is not within the boundaries of a union high school district to withdraw from a joint district with a majority vote of its school board. Stipulates if the school board approves the withdrawal, the question for withdrawal must be sent to the ballot at the next general election for the voters of the elementary school district. Requires the governing board of the elementary school district to notify the joint district governing board within 10 days of approving the withdrawal. Conforms language to clarify that an elementary school district cannot change its qualifying tax rate for the remainder of the year after it withdraws from the joint district. http://www.azleg.gov/legtext/50leg/2r/laws/0085.pdf Title: S.B. 1253 Source: azleg.gov IN Signed into law 02/2012 P-12 Establishes the education issues interim study committee to study the feasibility of establishing a process by which residents of a part of an existing school corporation may elect to disannex from the existing school corporation and either annex to another existing school corporation or establish a new school corporation. http://www.in.gov/legislative/bills/2012/HE/HE1047.1.html Title: H.B. 1047 Source: www.in.gov CA Signed into law 10/2011 P-12 From bill summary: With respect to a school district involved in a reorganization, requires the interim or governing board of the existing school district or districts, and, where applicable, the administrators of the existing school district or districts, to notify the county superintendent of schools in writing and provide relevant documents and information no less than 10 school days before taking any action on any matter that could have a material fiscal impact on, or impose a debt or liability on, the existing, proposed, newly formed or newly organized school district. Authorizes the county superintendent of schools to review any action taken or proposed to be taken by any interim or existing governing board of the school district or school district administrators to determine whether that action would have a material fiscal impact, debt or liability on the existing, proposed, newly formed or newly organized school district. Further provides that if, based on the county superintendent of schools's review, the county superintendent of schools determines that the action or proposed action would have a material fiscal impact on the existing, proposed, newly formed or newly organized school district, and that action is unnecessary for the immediate functioning of the existing or newly formed school district, the county superintendent of schools is authorized to stay or rescind that action. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0801-0850/sb_821_bill_20111008_chaptered.pdf Title: S.B. 821 Source: www.leginfo.ca.gov IL Signed into law 08/2011 P-12 Establishes the School District Realignment and Consolidation Commission. Provides the purpose of the commission is to make recommendations to the governor and general assembly on the number of school districts in the state, the optimal amount of enrollment for a school district, and where consolidation and realignment would be beneficial. Directs the commission, by July 2012, to vote its recommendations and file a report with the governor and the general assembly. Provides for legislative action if the report is ratified by at least 11 of the commission members. Repeals the section on January 31, 2013. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0503.pdf Title: H.B. 1216 Source: www.ilga.gov OR Signed into law 06/2011 P-12 Provides that the governing body of the county is district boundary board for purposes of boundary changes and mergers of school districts. http://www.leg.state.or.us/11reg/measpdf/hb3200.dir/hb3298.en.pdf Title: H.B. 3298 Source: http://www.leg.state.or.u ME Signed into law 06/2011 P-12 Amends the laws governing school administrative unit reorganization to eliminate the penalties set forth for nonconforming school administrative units. Eliminates the authority of the Commissioner of Education to give final approval of a regional school unit, including an alternative organizational structure. Eliminates the requirement that a school, after leaving an alternative organizational structure, must join a conforming school administrative unit within two years. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC251.asp Title: H.P. 311 Source: http://www.mainelegislature.org TN Passed 06/2011 P-12 Directs the comptroller, in conjunction with the department of education, to study present statutes relating to the consolidation or merger of school districts. http://www.capitol.tn.gov/Bills/107/Bill/HR0030.pdf Title: H.R. 30 Source: http://www.capitol.tn.gov OK Signed into law 05/2011 P-12 Allows expenditure from School Consolidation Assistance Fund to school districts that have entered into a mutual contract for a superintendent; establishes amount of assistance, including maximum. Total assistance paid over three years from the School Consolidation Assistance Fund to districts entering into a contract to share superintendents must not exceed $150,000 and no school district will be eligible to receive assistance for more than three years. Boards of education must notify the State Board of Education on or before June 30 of the year preceding the school year the mutual contract will become effective. Allows the State Board of Education to make payments of less than $400,000 to school districts from the fund and if monies in the fund are insufficient to make allocations to qualified districts, the State Board of Education will determine allocations with preference given to school district consolidation and annexation. http://webserver1.lsb.state.ok.us/cf/2011-12%20ENR/hB/HB2115%20ENR.DOC Title: H.B. 2115 Source: http://webserver1.lsb.state.ok.us AZ Signed into law 04/2011 P-12 Creates 16-member Joint Legislative Study Committee on School District Unification and Consolidation. Specifies the appointment process and qualifications for each member. Specifices that the chairpersons of the House and Senate Education Committees will act as co-chairs of the Committee. Assigns the following duties to the Committee: (1) Study issues regarding the unification and consolidation of school districts; (2) prepare legislation for consideration during the subsequent Legislative Session that encourages the unification and consolidation of school districts; (3) consider proposals for possible school district unifications or consolidations that include a process for a district governing board to develop its own unification or consolidation plan and a process for a county school superintendent to develop a unification or consolidation plan if the district governing board is unable to develop its own plan; (4) report to the governor, the president of the senate, the speaker of the house, and the secretary of state on the Committee's activities and recommendations by December 31, 2011. Discharges the Comittee on September 30, 2012. Chapter 215 http://www.azleg.gov/legtext/50leg/1r/bills/hb2219h.pdf Title: H.B. 2219 Source: http://www.azleg.gov UT Signed into law 04/2011 P-12 From bill summary: Specifies how the assets and liabilities of a divided school district shall be allocated between the new district and the remaining district when a school district is created pursuant to a proposal made by a city or interlocal agreement participants. Eliminates provisions requiring disagreements about the allocation of assets and liabilities to be resolved by binding arbitration. Clarifies that this section does not apply to the creation of a new district initiated through a citizens' initiative petition or at the request of a local school board under Section 53A-2-118. http://le.utah.gov/~2011/bills/hbillenr/hb0262.pdf Title: H.B. 262 Source: le.utah.gov AZ Signed into law 04/2011 P-12 Outlines the process for an election to dissolve a small transporting school district. Specifies that upon the approval of the majority of a governing board of a small transporting school district the county school superintendent will call an election to dissolve the district if the small transporting district: (1) does not offer a full-time instructional program in any grade level to resident pupils in the school district; (2) transports all of the resident pupils to another school district or districts; and (3) transports fewer than ten pupils annually to another school district or districts. The adopted resolution by the governing board is to state the reasons for the dissolution, set a plan for equitable adjustment, division and disposition of the assets and liabilities of the school district and provide a plan to assume the outstanding debt of the school district. http://www.azleg.gov/legtext/50leg/1r/bills/sb1205s.pdf Title: S.B. 1205 Source: http://www.azleg.gov AR Signed into law 04/2011 P-12 Requires the Department of Education to annually publish a List of all school districts with fewer than three hundred 350 students according to the school district average daily membership in the school year immediately preceding the current school year. Prohibits a school district from incurring incur debt without the prior written approval of the department if the school district is identified by the as having fewer than 350 students according to the school district average daily membership in the school year immediately preceding the current school year. (Secs 10 + 11) http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act989.pdf Title: S.B. 383 Source: http://www.arkleg.state.ar.us AZ Signed into law 04/2011 P-12 Shortens the timeframe for a school governing board to provide written notice of a public meeting to discuss closing a school from 30 days to 10 days prior to the public meeting. Shortens the minimum timeframe required between conducting a public meeting on a school closure and voting on the school closure from 30 days after the public meeting to 10 days after the meeting. Permits a school district governing board to consult with the School Facilities Board regarding school closure. http://www.azleg.gov/legtext.50leg/1r/bills/sb1263h.pdf Title: S.B. 1263--School Closure Source: http://www.azleg.gov TN Signed into law 02/2011 P-12 From the Fiscal Note: Requires any consolidation of school systems between a special school district and a county school district, resulting in an increased enrollment in the county local education agency (LEA) of 100 percent or more, to follow the plan established for consolidation codified in Tenn. Code Ann. §§ 49-2-1201 through 49-2-1208. This plan calls for a consolidation planning committee, a written report, specification of alternatives regarding a consolidated school board and director, requirements for public hearings, approval or rejection by governing bodies, and a public referendum upon approval. The plan also authorizes a referendum by petition in cases of rejection by the last governing body empowered to act on the plan. http://wapp.capitol.tn.gov/apps/billinfo/BillSummaryArchive.aspx?BillNumber=SB0025&ga=107 Title: S.B. 25 Source: http://wapp.capitol.tn.gov IL Signed into law 07/2010 P-12 Amends the School Construction Law. Requires the grant index to be calculated for each of the school districts forming a reorganized school district or cooperative high school if certain conditions are satisfied within the current or prior 2 fiscal years. Requires the total enrollment of member districts forming a cooperative high school to meet certain minimum enrollment requirements. Authorizes a reorganized school district or cooperative high school to use a school construction application that was submitted by a district that formed the reorganized district or cooperative high school if that application has not been entitled for a project by the state board of education and any certain conditions are satisfied within the current or prior 2 fiscal years. Provides that a new elementary district formed from a school district conversion may use only the application of the dissolved district whose territory is now included in the new elementary district and must obtain the written approval of the local school board of any other school district that includes territory from that dissolved district. Provides that a new high school district formed from a school district conversion may use only the application of any dissolved district whose territory is now included in the new high school district, but only after obtaining the written approval of the local school board of any other school district that includes territory from that dissolved district. Provides that a cooperative high school must, under certain circumstances, obtain the written approval of the local school board of the member school district whose application it is using. http://www.ilga.gov/legislation/publicacts/96/PDF/096-1381.pdf Title: H.B. 5633 Source: www.ilga.gov CA Signed into law 07/2010 P-12 From Legislative Counsel's Digest: Existing Section 35542 provides that whenever the boundaries of an elementary school district and a high school district become coterminous, the districts are merged into a new unified district. Existing law also authorizes an elementary school district that has boundaries within a high school district to be excluded from an action to unify those districts if the governing board receives approval from the state board of education. New provision instead authorizes an elementary school district that has boundaries within a high school district to be excluded from an action to unify those districts if the governing board receives approval from the county committee, if specified conditions are met, or from the state board if these conditions are not met. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2051-2100/ab_2081_bill_20100715_chaptered.pdf Title: A.B. 2081 Source: www.leginfo.ca.gov VT to governor 05/2010 P-12 The first part of this bill relates to incentives for voluntary school district merger, virtual merger, and supervisory union duties. The second part directs the commissioner of education to request the Regional Education Laboratory Northeast and Islands (REL-NEI) to research, analyze and, on or before January 15, 2011, report to the senate and house committees on education, the senate committee on finance, and the house committee on ways and means regarding the fiscal impacts on the education fund, the general fund, property tax rates, and school budgets as well as the effects on educational outcomes if the state were to make tuition vouchers available to all Vermont students. http://www.leg.state.vt.us/docs/2010/bills/Passed/H-066.pdf Title: H.B. 66 - Two Sections Source: http://www.leg.state.vt.us ME Signed into law 04/2010 P-12 Amends law governing the mandatory school consolidation process, as originally enacted in 2007 to either achieve or allow the following: (1) An "Alternative Organizational Structure" (AOS) to meet the requirements of the school consolidation law. An AOS is a modified school union-type system where independent school systems share a superintendent, a consolidated administration of special education, transportation, back-office business functions, a common core curriculum and student assessment systems, common school policies and calendar, and "consistent" collective bargaining agreements. (2) Allows the number of students attending a school from the unorganized territories to be counted as students "served by the school system" for the purpose of meeting consolidation threshold standards. (3) Allows a regional school unit (RSU) or AOS to be formed that serves just 1,000 students (as opposed to the original 2,500-student threshold) if the proposed RSU or AOS: (a) comprises three or more school units that were in existence prior to July 1, 2008, or (b) the member municipalities of the proposed RSU/AOS are surrounded by already approved RSU or AOS systems and there are no other school systems available to join the proposed RSU/AOS, or (c) the member municipalities of the proposed RSU/AOS include two or more "isolated small schools" as that term is defined in law. (4) Establishes the procedures for a municipality to withdraw from a RSU by essentially reinstating the procedures that used to be available for a municipality to withdraw from a School Administrative District (SAD). Under the terms of the withdrawal process, neither the withdrawing municipality nor the remaining RSU would be subject to the financial penalties for being noncompliant with the standards of consolidation for a 2-year period after withdrawal. If either the remaining RSU or withdrawing municipality are noncompliant with the standards of consolidation at the end of the 2-year period, penalties would kick-in. (5) Provides an authority for the RSU school boards to place an article before the voters that would permit the school board to establish a single common date for the beginning term of office for elected board members, who may be elected at different times at their municipal elections.http://www.mainelegislature.org/legis/bills/bills_124th/chapters/PUBLIC580.asp Title: H.B. 408 Source: http://www.mainelegislature.org SD Signed into law 03/2010 P-12 Eliminates the consolidation financial incentives for any school districts that consolidate after July 1, 2010. http://legis.state.sd.us/sessions/2010/Bills/HB1181ENR.pdf Title: H.B. 1181 Source: http://legis.state.sd.us/ CA Signed into law 10/2009 P-12 Revises and clarifies the definition of an action to reorganize a school district. Authorizes a county committee to approve a petition to form school districts if specified conditions are met, including the granting of approval authority by each county superintendent of schools with jurisdiction over an affected district that elects to grant approval authority. Relates to the annexation of a lapsing district into one or more other districts. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0151-0200/ab_174_bill_20091011_chaptered.pdf Title: A.B. 174 Source: Lexis-Nexis/StateNet OR Signed into law 07/2009 P-12 Clarifies the distribution and expenditure of certain amounts of local revenues, including property tax revenues, received by component school districts of education service districts; allows certain elementary schools that merge to qualify as a remote small elementary school until a specified date. Chapter 705 http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0064.en.pdf Title: S.B. 64 Source: http://www.leg.state.or.us WI Signed into law 06/2009 P-12 Creates 121.91 (2m) (t) to provide exceptions to methods of determining the revenue limit of two or more districts that consolidate. Page 481 of 692: http://www.legis.state.wi.us/2009/data/acts/09Act28.pdf Title: A.B. 75 Source: www.legis.state.wi.us TX Signed into law 06/2009 P-12 Section 69: Adds new section 45.0531. Authorizes the state board by rule to establish a percentage of the cost value of the permanent school fund to be reserved from use in guaranteeing bonds. Section 70: Requires districts seeking state guarantee of eligible bonds to use a form adopted by the commissioner for this purpose. Section 71: Adds reference to credit enhancement. Section 72: Authorizes the commissioner to order a district to set an ad valorem tax rate capable of producing an amount of revenue sufficient to allow the district to provide reimbursement to the permanent school fund and pay the principal of and interest on district bonds as the principal and interest become due. Provides that if a district fails to comply with the commissioner's order, the commissioner may impose any sanctions ennumerated in "Accreditation Sanctions," Subchapter G, Chapter 39, including appointment of a board of managers or annexation to another district, regardless of the district's accreditation status or the duration of a particular accreditation status. Pages 69-72 of 108: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB03646F.pdf Title: H.B. 3646 - Sections 69-72 Source: www.legis.state.tx.us KS Signed into law 05/2009 P-12 Relates to certain school districts involved in consolidation and disorganization. Concerns powers and duties. In situations where a school district disorganizes and the territory of the disorganized disrict is attached to more than one district, the state financial aid of the disorganized district is allocated to the districts to which the territory of the former district is attached. The state financial aid would be allocated on the same proportional basis that the assessed valuation of the territory attached to each district bears to the assessed valuation of the entire disorganized district. Chapter 2009-130 http://www.kslegislature.org/bills/2010/41.pdf Title: S.B. 41 Source: http://www.kslegislature.org OK Signed into law 05/2009 P-12 Establishes a formula for awarding educational building grants to school districts that have struggled to maintain quality educational facilities. Allows building grants to be awarded to schools where local per pupil property values are less than the state average and the school district has taken on its allowable bonded indebtedness. The grants would be awarded through the State Public Common School Building Equalization Fund. Establishes and sets parameters for using the State Public Common School Building Equalization Fund, to aid school districts in acquiring buildings. Removed term "voluntary" from Oklahoma School Consolidation and Annexation Act. http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB1169_ENR.RTF Title: S.B. 1169 Source: http://webserver1.lsb.state.ok.us ID Signed into law 04/2009 P-12 Revises provisions relating to the correction or alteration of school district boundaries; revises provisions relating to school districts and the excision and annexation of territory; revises consolidation provisions; revises provisions relating to division of school districts; revises provisions relating to certain school elections and the revision of school district boundaries; requires notification of the tax commission, the county property tax assessor and the county recorder. Chapter 107 http://www.legislature.idaho.gov/legislation/2009/S1078.pdf Title: S.B. 1078 Source: http://www.legislature.idaho.gov SD Signed into law 03/2009 P-12 Revises the funding of elementary and secondary education and to increase the required minimum size of a school district. Excludes any federal stimulus funds received under the provisions of the American Recovery and Reinvestment Act of 2009 when determining a school's allowable general fund balance. http://legis.state.sd.us/sessions/2009/Bills/HB1254ENR.pdf Title: H.B. 1254 Source: http://legis.state.sd.us SD Signed into law 03/2009 P-12 Requires a school district to which a former contracting school district is annexed to assign certain resident students to a school district in a bordering state; temporarily exempts certain school districts from the requirement to reorganize due to low enrollment. http://legis.state.sd.us/sessions/2009/Bills/SB174ENR.pdf Title: S.B. 174 Source: http://legis.state.sd.us/ SD Signed into law 03/2009 P-12 Makes an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives. http://legis.state.sd.us/sessions/2009/Bills/SB39ENR.pdf Title: S.B. 39 Source: http://legis.state.sd.us/ MT Signed into law 03/2009 P-12 Clarifies District Consolidations and Annexations http://data.opi.mt.gov/bills/2009/billpdf/HB0057.pdf Title: H.B. 57 Source: http://data.opi.mt.gov SD Vetoed 02/2009 P-12 Exempts a school district from the minimum size requirement if it operates the only remaining public high school located within the boundaries of any county. http://legis.state.sd.us/sessions/2009/Bill.aspx?File=HB1171ENR.htm Title: H.B. 1171 Source: http://legis.state.sd.us CA Vetoed 09/2008 P-12 Authorizes a county committee to approve a petition to form one or more new school districts, if specified conditions are met. Applies these requirements to transfer territory, notification of the county superintendent, and calling an election to petitions to create new districts. Designates the committee as the lead agency for purposes of the State Environmental Quality Act for petitions to transfer territory and petitions to form one or more districts. Relates to petition approval or disapproval. http://www.assembly.ca.gov/acs/acsframeset2text.htm Title: A.B. 2243 Source: http://www.assembly.ca.gov IL Signed into law 08/2008 P-12 Makes modifications to district consolidations and the establishment of collaborative high schools. Makes adjustments to how revenues are established. http://www.ilga.gov/legislation/95/SB/PDF/09500SB2487lv.pdf Title: S.B. 2487 Source: www.ilga.gov HI Vetoed 07/2008 P-12 Creates the facilities alignment commission to establish criteria for the selection of public schools to be consolidated or closed, and to recommend to the board of education a list of schools for consolidation or closure. By June 30, 2009, requires the department of education to submit to the commission a school facilities plan based on the department's assessment of the projected student enrollment in specified areas. By December 31, 2009, requires the commission to establish the criteria for selecting schools that will be consolidated or closed. Requires the commission, prior to finalization of the school alignment selection criteria, to hold public hearings to receive public response to the commission's proposed criteria. By February 28, 2010, based on the department's school facilities plan and the commission's final school alignment selection criteria, requires the commission to develop a preliminary list of schools to be consolidated or closed. Requires the commission to hold public hearings on the proposed closures by August 31, 2010, and to submit to the legislature prior to the convening of the 2011 regular session a report of its findings and conclusions, including a final list of recommendations for schools to be consolidated or closed. Allows the legislature to disapprove these recommendations only in their entirety. If no legislative disapproval occurs, requires the board of education to comply with these recommendations during the 2012-2013 school year. Bill text: http://www.capitol.hawaii.gov/session2008/Bills/HB2972_CD1_.htm Governor's veto message: http://hawaii.gov/gov/leg/2008-session/veto-messages/HB2972%20SOBJ.pdf Title: H.B. 2972 Source: www.capitol.hawaii.gov KS Signed into law 05/2008 P-12 Provides that a student enrolled in a district and attending both a non-virtual school and a virtual school must be counted as that proportion of one pupil (to the nearest one-tenth) that the student's attendance at the non-virtual school bears to full-time attendance. Provides that a student enrolled in a district and attending special education and related services and also attending a virtual school must be counted as that proportion of one pupil (to the nearest one-tenth) that the student's attendance at the non-virtual school bears to full-time attendance. Repeals and replaces definition of virtual school. Repeals and replaces K.S.A. 72-6455 regarding each district's high density at-risk pupil weighting. Creates new section for districts with enrollments of at least 40% but less than 50% at-risk students. Provides that each eligible district's medium density at-risk pupil weighting must be determined by the state board by multiplying the number of at-risk pupils by .06. Provides that if a school district becomes ineligible for medium density at-risk pupil weighting because enrollment of at-risk pupils in the district falls below the minimum threshold, the medium density at-risk pupil weighting of the district must be the greater of: (1) The medium density at-risk pupil weighting in the current school year; (2) the medium density at-risk pupil weighting in the prior school year; or (3) the average of the medium density at-risk pupil weighting in the current school year and the preceding two school years. Provides that the medium density at-risk pupil weighting provisions expire on June 30, 2011. Establishes the special education funding task force, and requires the first meeting of the task force to be held on or before August 1, 2008. Directs the special education funding task force to: (1) Study and make recommendations for changes in the existing formula for funding of special education and related services including medicaid replacement state aid (2) Conduct hearings and receive and consider suggestions from teachers, parents, the department of education, the state board of education, other governmental officers and agencies and the general public concerning funding for special education and related services (3) Make and submit reports to the legislature on the work of the task force concerning recommendations of the task force. Provides that such reports must also include recommendations for legislative changes and must be submitted to the legislature before the start of each year's legislative session. Provides that the task force shall cease to exist on June 30, 2011. Establishes new section regarding medicaid replacement state aid. Directs the state board to designate a portion of the special education services state aid appropriation as medicaid replacement state aid. Provides that the amount so designated may not exceed $9,000,000 in any school year. Provides that each school district is entitled to medicaid replacement state aid. Provides a formula for calculating each district's medicaid replacement state aid. Repeals and replaces K.S.A. 72-6445a regarding state financial aid for any district formed by consolidation http://www.kslegislature.org/bills/2008/531.pdf Title: S.B. 531 Source: www.kslegislature.org AZ Signed into law 05/2008 P-12 Concerns the School District Redistricting Commission; relates to rules and procedures regarding an election to approve or reject the unification of a school district; provides a method for calculating financing and budget limitations for a unified district which formerly qualified for the small school adjustment; relates to funding a new unified school district using a levy on the primary property taxes within said district. Chapter 200 http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1443 Title: S.B. 1443 Source: http://www.azleg.gov ME Signed into law 04/2008 P-12 Relates to school administrative unit reorganization; relates to school budgets, the election and terms of unit board members, the apportionment process, local school committees, regional planning committees, tuition where there is no elementary or secondary school, special education subsidies, smaller school units, and plans for alternative organizational structures under the school reorganization law. http://www.state.me.us/legis/senate/ Title: S.B. 931A Source: http://www.state.me.us/legis/senate/ ME Signed into law 04/2008 P-12 Corrects the laws governing the reorganization of school administrative units; corrects the laws pertaining to the authority of school administrative units to raise and appropriate funds for adult education programs; replaces provisions that were repealed pursuant to Public Law that are related to the closure of an elementary school within a school administrative district or a community school district. Title: H.B. 1658A Source: http://janus.state.me.us/house/ ME Signed into law 04/2008 P-12 Removes language from the regional school unit authorization laws requiring the merger of bargaining units on a regional school unit-wide basis and enacts new provisions preserving existing bargaining units, existing collective bargaining agents and existing collective bargaining obligations; extends the deadline for the merger of bargaining units represented by different collective bargaining agents. http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280026143&LD=1931&Type=1&SessionID=7 Title: S.B. 738 Source: http://janus.state.me.us/legis/ UT Signed into law 03/2008 P-12 Modifies provisions relating to the creation of a new school district. Lengthens the time in which transition teams must be appointed. Extends the deadline for the existing school district to prepare an inventory of existing school district property. Defines a date at which existing school district property and liabilities are to be determined. Extends the deadline by which the transition teams are to determine the allocation of existing school district property. Requires transition teams to prepare a written report setting forth the property allocation. Modifies a provision relating to the reimbursement of transition team and other costs and expenses. Modifies the required content of an inventory that an existing district is required to provide. Requires transition teams to consider the value of school buildings and associated property in making the allocation of other existing district property. Requires an existing school district to make money available to the remaining district and the new district, provides for who can access and spend that money, and requires transition teams to consider that money in allocating existing district property. Requires an existing school district to transfer title of property to the new district within a certain time, except upon the mutual agreement of the school district boards. Prohibits an existing school district from transferring title to school district property without the consent of specified boards or bodies. Modifies provisions relating to the composition of the school district boards of the new district and remaining district. Clarifies application of the changes in this bill to the procedure to create a new district. http://le.utah.gov/~2008/bills/sbillenr/sb0071.pdf Title: S.B. 71 Source: le.utah.gov WA Signed into law 03/2008 P-12 Adds first-class school districts to the provisions of existing law that allow the dissolution of a directors' school district, which requires a signed petition of 20% of eligible voters to pose the question of dissolution to the voters. If approved, first-class districts must have a maximum of two at-large positions and a minimum of three director districts. http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202008/6183.SL.pdf Title: S.B. 6183 Source: www.leg.wa.gov MI Signed into law 01/2008 P-12 Specifies requirements and procedures for district consolidation with respect to types of schools, finances, special education students, approval, etc. http://www.legislature.mi.gov/documents/2007-2008/publicact/pdf/2008-PA-0001.pdf Title: S.B. 703 (sec. 605) Source: http://www.legislature.mi.gov/ NJ To governor 12/2007 P-12 Permits the consolidation of a county vocational school district and a county special services school district into a single school district. http://www.njleg.state.nj.us/2006/Bills/PL07/222_.PDF Title: S.B. 460 Source: http://www.njleg.state.nj.us NY Signed into law 08/2007 P-12 Relates to state aid for school library systems; provides additional aid to school library systems affected by boards of cooperative education services (BOCES) mergers. http://assembly.state.ny.us/leg/?bn=S04476&sh=t Title: S.B. 4476 Source: Lexis-Nexis/StateNet UT Signed into law 08/2007 P-12 This bill modifies a provision relating to requirements imposed on interlocal agreement participants that enter into an interlocal agreement to create a new school district. http://le.utah.gov/~2007S1/bills/hbillenr/hb1002.pdf Title: H.B. 1002 Source: http://le.utah.gov UT Signed into law 08/2007 P-12 Modifies 53A-2-118.1. This bill: lowers the population threshold for cities that are allowed to create a school district matching city boundaries; and modifies a provision relating to the allocation of school buildings and associated property. http://le.utah.gov/~2007S1/bills/hbillenr/hb1004.pdf Title: H.B. 1004 Source: http://le.utah.gov UT Signed into law 08/2007 P-12 Amends Section 53A-2-118. Relates to the creation of a new school district; adds an exception to the requirement that a proposed new school district include the entire boundaries of each city or town that participates in an interlocal agreement for the creation of a new school district, so that a city or town may include some but not all of the area within its boundaries if the portion to be included is within the same school district as the other interlocal agreement participants and the area to be excluded is in another school district; provides that a city or town located in more than one county that participates in an interlocal agreement to create a new school district as to some but not all of the area within the city or town under the preceding exception may not be considered to cross county lines for purposes of a prohibition against a proposed new school district crossing county lines; clarifies that a new school district may be created from multiple existing school districts; clarifies the election provisions applicable to an election for the creation of a new school district; authorizes an individual residing within a new school district to elect to enroll in a secondary school located within another school district under certain circumstances; modifies provisions related to a required feasibility study for proposals to create a new school district; and modifies the time within which requests for the creation of a new school district are required to be certified. http://le.utah.gov/~2007S1/bills/hbillenr/hb1001.pdf Title: H.B. 1001 Source: http://le.utah.go RI Passed 07/2007 P-12 (Joint Resolution)Would create an eleven (11) member special legislative commission whose purpose it would be to make a comprehensive study of the consolidation of Rhode Island's school districts, and who would report back to the General Assembly no later than May 1, 2008 and whose life would expire on February 1, 2009. Title: H.B. 5766 Source: Lexis-Nexis/StateNet ME Signed into law 06/2007 P-12 Allows a school administrative unit that is a municipality or school administrative district to combine with another school administrative district to create a larger school administrative district; permits public schools in the Lower Kennebec River area to achieve efficiency and improve quality. http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280023577&LD=910&Type=1&SessionID=7 Title: H.B. 685 Source: Maine Legislature AZ Signed into law 06/2007 P-12 Relates to the new school facilities fund; provides that a unified school district may be eligible under certain circumstances; provides that the commission shall review all school districts that transport all their pupils to another school district for instruction and shall consider combining these school districts with new or existing unified school districts; provides for consideration of a superintendent contract buy-out. Chapter No. 283 http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1164 Title: S.B. 1164 Source: http://www.azleg.gov ME Signed into law 06/2007 P-12 Allows a school administrative unit that is a municipality or school administrative district to combine with another school administrative district to create a larger school administrative district. http://www.mainelegislature.org/legis/bills/billpdfs/LD091001.pdf Title: H.B. 685; LD 216 Source: Maine Legislature NE Vetoed 05/2007 P-12 Provides for the creation of new Class I school districts. Class I districts may be created pursuant to a plan submitted by an individual or group of individuals. The plan is required to meet specified criteria and must be filed with the school board of the affected Class II, III, or IV school district and the state committee for the reorganization of school districts. http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Final/LB658.pdf Title: L.B. 658 Source: http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Final/LB658.pdf IN Signed into law 05/2007 P-12 From Center for Evaluation & Education Policy: Appropriates money for state agencies and makes other distributions. Specifies a school funding formula. Requires a study of the efficiency and effectiveness of charter schools. Changes references from vocational education to career and technical education. Creates a prekindergarten pilot program. Increases tuition support by approximately 3.7% in FY2008 and 3.6% in FY2009. Funds the Early Literacy Intervention Grant and the Reading Diagnostic Assessment programs at the continued level of $3.7 million/year and $1 million/year, respectively. Increases textbook reimbursement from $19.9 million to $39.9 million. Funds Full-Day Kindergarten at $33.5 million in FY2008 and $58.5 million in FY2009 with a cap of $2,500 per FDK student. Non-English Speaking Program funds were increased by $6.2 million to $6.9 million/year. Gifted and Talented Program funds were increased by $7.18 million to a level of $12.78 million/year. Testing and Remediation monies were increased by $10 million to a total of $41 million/year, while GQE Remediation funds remained level at $4.9 million/year. Creates funding of up to $100,000/year for school consolidation studies that school corporations can apply directly to the IDOE to use in order to assess the feasibility of consolidation or merging services with another corporation. Funds the school finance studies conducted by the Center for Evaluation and Education Policy at Indiana University at $140,000/year. Requires a comprehensive study of the efficiency and effectiveness of charter schools in Indiana and commissions the Center for Evaluation and Education Policy to complete the study. Keeps funding for summer school constant at $18.36 million/year. Funds education service centers at $2.32 million/year. Funds the Principals' Leadership Academy at $462,832/year. The Technology Grant Program was funded at $5 million for the biennium. Funds the School Business Officials Academy at $150,000/year. Title: H.B. 1001 Source: Center for Evaluation & Education Policy ME Signed into law 04/2007 P-12 (Resolve) Provides for legislative review of portions of Chapter 28: Closing a School in the Unorganized Territory, a major substantive rule of the Department of Education. Title: H.B. 35 Source: Maine Legislature ID Signed into law 03/2007 P-12 Revises school district consolidation plan requirements; provides for payment of costs for feasibility studies and plans per school district that proposes to consolidate; provides that the board of school districts newly formed through consolidation may make severance offers to employees; provides limits to such severance offers; provides for an adjustment in the Bond Levy Equalization Support Program. Session Law Chapter 79. http://www3.state.id.us/oasis/S1067.html Title: S.B. 1067 Source: Lexis-Nexis/StateNet ND Signed into law 03/2007 P-12 Relates to membership on rural school boards; for districts that have undergone reorganization, the reorganization plan may provide for school board membership requirements that are different from those specified for other rural boards. http://www.legis.nd.gov/assembly/60-2007/bill-text/HBCS0300.pdf Title: H.B. 1305 Source: http://www.legis.nd.gov ND Signed into law 03/2007 P-12 Relates to the payment of school district reorganization bonuses; provides a formula for determining the amount of the bonus: (1) Fifty thousand dollars per one hundred-square-mile [259-square-kilometer] block, or a major portion therof, included within the reorganized district and calculated by determining the lesser of the total square miles [kilometers] of the reorganized district or one thousand four hundred square miles [3625.98 square kilometers], and subtracting from that amount the square miles [kilometers] of the largest district or portion of a district involved in the reorganization; (2) One thousand dollars per student calculated by determining the lesser of the total fall enrollment of the newly reorganized district or seven hundred fifty and subtracting from that amount the fall enrollment in the district or portion of the district that had the largest student population of those districts or portions of districts participating in the reorganization during the school year immediately preceding the effective date of the reorganization; and (3) Fifty thousand dollars for each whole school district that formed the reorganized district. http://www.legis.nd.gov/assembly/60-2007/bill-text/HALI0200.pdf Title: H.B. 1178 Source: http://www.legis.nd.gov SD Signed into law 03/2007 P-12 Revises the state aid to education formula and sets funding amounts to reimburse districts that choose to consolidate. http://www.legis.state.sd.us/sessions/2007/bills/SB157CNF.pdf Title: S.B. 157 Source: http://www.legis.state.sd.us NE Legislation Repealed by Voters 11/2006 P-12 Gives voters the option of retaining or repealing legislation pertaining to certain dissolved school districts. http://www.unicam.state.ne.us/pdf/FINAL_LB126_1.pdf Title: L.B. 126 Source: http://www.unicam.state.ne.us/ LA Approved by voters 09/2006 P-12 Proposes a Constitutional amendment to grant to the Central Community School System in East Baton Rouge Parish the same authority granted parishes, including funds for the minimum foundation fund, school books, instructional materials and the raising of local revenues for the support of elementary and secondary schools; provides for equal educational opportunities; prohibits use of state dollars to discriminate in providing educational opportunity for all students. Title: Amendment 8 Source: Lexis-Nexis/StateNet IL Signed into law 07/2006 P-12 Amends the School Code. Creates a new Article concerning the conversion and formation of school districts. Contains provisions concerning school district conversions, combined school district formation, unit school district formation, partial elementary unit school district formation, petitions, and an election. Increases tax rates for operations and maintenance purposes. Repeals certain sections. Provides for a referendum. http://www.ilga.gov/legislation/94/SB/PDF/09400SB2795lv.pdf Title: S.B. 2795 Source: Lexis-Nexis/StateNet IL Signed into law 06/2006 P-12 Allows cooperative high schools to receive some of the same supplementary state aid that new districts receive; relates to multiple agreements. http://www.ilga.gov/legislation/94/HB/PDF/09400HB4365lv.pdf Title: H.B. 4365 Source: Lexis-Nexis/StateNet LA Signed into law 06/2006 P-12 Relates to deconsolidation. Creates Central Community School System and separate governing board as separate from East Baton Rouge Parish School System. http://www.legis.state.la.us/billdata/streamdocument.asp?did=398044 Title: H.B. 815 Source: www.legis.state.la.us KS Signed into law 05/2006 P-12 Concerns school districts; relates to consolidation, state aid and the assessed valuation of districts and the levying of school taxes; provides for revenue transfers. Increases from two to three years the amount of time that school districts that consolidate may maintain the combined general fund budgets of the two districts. provides that the capital outlay state aid program for the newly consolidated district is based on the state aid percentage of each of the former districts for the year following consolidation and the next two school years. Provides that the percentage will be the highest rate of the former districts. Provides that the same calculation and timeframe is applied to capital improvement state aid. Bill text: http://www.kslegislature.org/legsrv-bills/showBill.do?id=106932 Conference committee report brief: http://www.kslegislature.org/supplemental/2006/CCRB481.pdf Title: S.B. 481 Source: www.kslegislature.org AR Rule Adoption 04/2006 P-12 Sets rules governing consolidation or annexation of public school districts and boards of directors of local school districts. http://www.sos.arkansas.gov/ar_rules/rule_proposed/005.23.06-001P.pdf Title: AAC 005.23.06 Source: http://www.sos.arkansas.gov/ UT Signed into law 03/2006 P-12 Modifies the procedures relating to the creation of a new school district; allows the governing body of certain cities to establish a school district with boundaries contiguous with city boundaries; imposes requirements for the filing and processing of a petition or request to create a new school district; requires the county legislative body to make district boundary changes when a request is made by certain cities; provides for the transfer of property and indebtedness of affected districts. The process may be initiated through a citizens' initiative petition; at the request of the board of the existing district or districts to be affected by the creation of the new district; or [new] at the request of a city within the boundaries of the school district or at the request of interlocal agreement participants. http://www.le.state.ut.us/~2006/bills/hbillenr/hb0077.pdf Title: H.B. 77 Source: http://www.le.state.ut.us OK Died 02/2006 P-12 Directs the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution; requires a majority vote of all affected school district electors prior to annexation or consolidation; prohibits subsequent election for period of one year if such election fails; provides ballot title; directs filing. Title: S.J.R. 35 Source: Lexis-Nexis/StateNet SD Signed into law 02/2006 P-12 Makes an $552,209 appropriation to the Department of Education to reimburse school districts for consolidation incentives. http://legis.state.sd.us/sessions/2006/bills/HB1243enr.pdf Title: H.B. 1243 Source: http://legis.state.sd.us CA Signed into law 09/2005 P-12 This bill specifies requirements and procedures that follow from school district reorganization and consolidation, including school board elections and tax revenue and state aid. Title: H.B. 1642 Source: StateNet CA Signed into law 06/2005 P-12 Existing law authorizes a county committee on school district organization, except as specified, to establish, rearrange the boundaries of, and abolish trustee areas, and to make specified changes to the governing boards of school districts. Existing law authorizes a county committee on school district organization to establish a common governing board for a high school district and an elementary school district within the boundaries of the high school district by presenting the issue to the qualified registered voters within those boundaries, as specified. This bill extends these provisions to the abolition of a common governing board. Existing law provides that a proposal to make any of the changes described above may be initiated by the county committee or made to the county committee either by a petition signed by a certain number of qualified registered voters residing in the district, as provided, or by resolution of the governing board of the district. Requires that the necessary signatures for a petition be obtained within a period of 180 days before the submission of the petition to the county committee. http://www.leginfo.ca.gov/pub/bill/asm/ab_0801-0850/ab_835_bill_20050630_chaptered.pdf Title: A.B. 835 Source: http://www.leginfo.ca.gov AZ Signed into law 05/2005 P-12 States that if more than 150 students from a single unorganized territory are attending an adjacent district through open enrollment, the residents of the unorganized territory must be notified that the residents' children no longer qualify for open enrollment and that the residents are required to organize their own district or join an adjoining unified school district. Requires the county superintendent to prepare a ballot question for the next election to determine whether to create a unified school district or join an adjacent district. Establishes procedures for a county superintendent to propose an election to establish a unified school district on unorganized territory or join an adjacent district. States that if the newly established unified school district is unable to provide a complete academic program to students in the district, the districtg may transport students to an adjacent school district. Requires unorganized territory joining an adjacent district to provide the same educational services currently provided to students in the current boundaries of the district to all students within the revised boundaries at the beginning of the next school year. http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1199 Title: S.B. 1199 Source: www.azleg.state.az.us MT Signed into law 04/2005 P-12 AN ACT REVISING THE LAWS ON SCHOOL DISTRICT CONSOLIDATION AND ANNEXATION; ESTABLISHING A SINGLE PROCEDURE FOR THE ANNEXATION AND CONSOLIDATION OF SCHOOL DISTRICTS; PROVIDING FOR AN INTERIM BOARD OF TRUSTEES FOLLOWING PASSAGE OF A CONSOLIDATION ELECTION; CLARIFYING THAT DISTRICTS MAY CONSOLIDATE OR ANNEX ACROSS COUNTY LINES; REQUIRING A RESOLUTION OR PETITION FOR CONSOLIDATION OR ANNEXATION TO STATE WHETHER OR NOT THE CONSOLIDATION OR ANNEXATION WILL OCCUR WITH ASSUMPTION OF BONDED INDEBTEDNESS; REQUIRING A CONSOLIDATION ELECTION TO BE HELD NO LATER THAN DECEMBER 31 PRECEDING THE SCHOOL FISCAL YEAR IN WHICH THE CONSOLIDATION IS TO BECOME EFFECTIVE; CLARIFYING THAT A CONSOLIDATION OR ANNEXATION IS EFFECTIVE JULY 1 FOLLOWING AN ELECTION; CLARIFYING THAT CONSOLIDATION OR ANNEXATION MUST OCCUR WITH CONTIGUOUS DISTRICTS; CLARIFYING THE PROCEDURE FOR DETERMINING APPROVAL OF A CONSOLIDATION OR ANNEXATION WITH THE ASSUMPTION OF BONDED INDEBTEDNESS; ALLOWING AN ABANDONED DISTRICT TO ATTACH TO A CONTIGUOUS DISTRICT IN AN ADJACENT COUNTY; ALLOWING FOR THE CONSOLIDATION AND ANNEXATION OF K-12 DISTRICTS; ALLOWING DISTRICTS TO CONSOLIDATE ACROSS COUNTY LINES WITH THE ASSUMPTION OF BONDED INDEBTEDNESS; ELIMINATING THE SPECIAL PROCEDURES FOR THE CONSOLIDATION, ABANDONMENT, AND DISSOLUTION OF JOINT DISTRICTS; ELIMINATING THE SEPARATE PROCEDURES FOR THE ANNEXATION AND CONSOLIDATION OF ELEMENTARY AND HIGH SCHOOL DISTRICTS; AMENDING SECTIONS 20-3-205, 20-3-302, 20-3-312, 20-6-209, 20- 6-307, 20-6-704, AND 20-9-311, MCA; REPEALING SECTIONS 20-6-203, 20-6-204, 20- 6-205, 20-6-206, 20-6-207, 20-6-208, 20-6-210, 20-6-211, 20-6-315, 20-6-316, 20-6-317, 20-6-318, 20-6-319, AND 20-6-321, MCA; AND PROVIDING AN EFFECTIVE DATE http://laws.leg.state.mt.us/pls/laws05/LAW0203W$BSRV.ActionQuery?P_BLTP_BILL_TYP_CD=HB&P_BILL_NO=681&P_BILL_DFT_NO=&Z_ACTION=Find&P_SBJ_DESCR=&P_SBJT_SBJ_CD=&P_LST_NM1=&P_ENTY_ID_SEQ= Title: MT H.B. 681 Source: StateNet AZ Signed into law 04/2005 P-12 Establishes the 13-member School District Redistricting Commission to design a proposal to unify school districts in Arizona based on certain criteria. Requires the commission to submit a preliminary report on the proposed school district unification plan to the governing boards of the affected school districts by April 30, 2007. Requires the commission to consider the recommendations of the governing boards of the affected school districts and then design and submit to the governor on or before December 31, 2007 a proposed school district unification plan that includes (1) basing the unification plan on relevant academic and scientific research regarding school size, school district size, fiscal implications and legal issues; (2) considerations of geographic boundaries and travel time of pupils; (3) developing a plan for unorganized territories; (4) providing regional or statewide services for administration, instructional and noninstructional support services to rural or isolated schools and districts; (5) ensuring a smooth and efficient transition from the current number of school districts in this state to the number of school districts proposed in the school district unification plan, including specific considerations; (6) district naming conventions; (7) the review of existing statewide or regional educational service agencies and the establishment where necessary of new statewide or regional educational service agencies to provide for the noninstructional support of school districts in the state; (8) The restructuring of the state's school districts such that all districts serve students in at least all grades K-12, unless the commission determines otherwise; (9) Ensuring that the unification plan preserves local control while at the same time maximizing an efficient and cost-effective delivery of educational services; (10) Providing specific mechanisms for the payment of legal liabilities, contractual obligations, capital debt and overrides previously accumulated by school districts before the implementation of the unification plan; and (11) Identifying costs attributable to a unification plan subject to the approval of the joint legislative budget committee. Sets forth procedures for all districts affected by the proposed school district unification plan submitted by the commission to call an election of all qualified voters within the boundaries of the proposed unified school district to be held at the next general election to adopt the boundaries as proposed by the commission. Provides that if any of the affected districts fail to approve the proposed unification plan, the plan is void. Permits the commission to revise the original unification plan and resubmit the plan to the qualified electors of each affected school district. States that if a majority of the qualified electors in any one of the affected school districts fails to approve the unification plan, the school district will not become part of a unified school district. Makes changes to language related to increasing the revenue control limit and the district support level for certain transitional costs for the first year following consolidation. http://www.azleg.state.az.us/legtext/47leg/1r/bills/sb1068h%2Epdf Title: S.B. 1068 Source: www.azleg.state.az.us AR Signed into law 04/2005 P-12 Ensures the continuation of efforts to close the achievement gaps in school districts subject to reorganization or reclassification. Requires a receiving or resulting school district in a school consolidation to obtain and retain all student and historical records and documents from the affected school district, specifically including, but not limited to: (1) Student transcripts; (2) Graduation records; (3) Minutes and other legal documents of the local board of directors; (4) Maps or boundary documents; (5) Sports records, trophies, and awards; (6) Employee records; and (7) Financial records. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1028.pdf Title: S.B. 1028 Source: www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 Deletes definitions of "consolidated average daily membership," "consolidated national school lunch student total" and "national school lunch students" from consolidation/reorganization provisions. Deletes provision that no school facility in a school district included in the consolidation list required by § 6-13-1602 may be closed by the state board or a local school board until after completion of an assessment of public school facilities by the Joint Committee on Educational Facilities. Repeals section 6-13-1604 related to administrative consolidation assistance funds and 6-13-1605 on non-impact of reorganization on charter schools. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1044.pdf Title: S.B. 1044 (sections 21-27) Source: www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 Assists resulting school districts with debt relief resulting from a consolidation required by law. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB2734.pdf Title: H.B. 2734 Source: StateNet AR Signed into law 04/2005 P-12 Conforms the Arkansas Code to comply with the Arkansas Supreme Court decision in the Lake View case. Requires any school district that was administratively consolidated or administratively annexed under §§6-13-1601 32 through 6-13-1605 to file a written report with the legislature and the department of education on the (1) inclusion of parents in the resulting district's activities, including parent-teacher associations, booster clubs and parent involvement committees; (2) the extent of student participation in extracurricular activities, itemized by each extracurricular activity offered by the district and for each activity indicate which district the student attended prior to reorganization; and (3) the employment status of each administrator by name, gender and race before the annexation or consolidation, which school employed the administrator prior to consolidation, and his or her employment status in the receiving or resulting school district. Requires resulting school districts to use a state-approved instrument to survey parents and students on: (1) Opportunities for inclusion or participation in the resulting or receiving school district; and (2) The efforts, if any, that were made to include parents from the affected school district in the receiving or resulting school district's activities, including but not limited to parent-teacher associations, booster clubs, and parent involvement committees. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb2646.pdf Title: H.B. 2646 Source: http://www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 Establishes procedures for the preservation, sale and/or disposal of school buildings in school districts that have been consolidated. Allows a district that determines any real estate it owns or controlls is not required for the district's present or anticipated future needs to donate the property to a non-profit organization if donation thereof would serve a beneficial educational service for the students of the district. Adds providing community programs, social enrichment programs, or after-school programs for students who are from the district or to educate pupils from within the donating school district even if other persons in the community or students from outside the district might also benefit to the purposes that such donated property may fill. States that if the school district donates real property to an entity, the district has right of first refusal to reacquire the real property if the entity decides to sell or otherwise dispose of the real property. States that the school district is not required to compensate the entity for any improvements to real property reacquired in this manner. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb2936.pdf Title: H.B. 2936 Source: www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 Allows a school district to close an isolated school or part thereof following an annexation or consolidation. Specifies that the state board may approve a motion to close such a school if the closure is in the best interest of the students in the school district as a whole. Bars the state board from allowing an isolated school to be closed if it finds the closure will have any negative impact on desegregation efforts or will violate any valid court order from a court of proper jurisdiction. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB1289.pdf Title: H.B. 1289 Source: www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 Establishes the Arkansas Public School Academic Facilities Program Act. Requires the Division of Public School Academic Facilities and Transportation to develop a comprehensive Arkansas Public School Academic Facilities Program that includes an academic facilities master plan program; an academic facilities custodial, maintenance, repair, and renovation manual; a public school academic facility manual; a public school academic equipment manual; and an academic facilities distress program. Defines each of the components of the Arkansas Public School Academic Facilities Program and the areas each component must address. Establishes the provisions of the academic facilites master plan program, which requires every local board to approve a ten-year districtwide facilities master plan for submission to and approval by the division of public school academic facilities and transportation. Specifies the required content of every district's facilities master plan. Requires the Division of Public School Academic Facilities and Transportation to identify a public school or school district as being in academic facilities distress if the division determines that the public school or school district has engaged in actions or inactions that result in any act or violation determined by the division to jeopardize any academic facility used by a public school or school district, or any other condition of an academic facility or facilities in a public school or school district that is determined by the division to have a detrimental impact on educational services provided by that public school or school district. Requires the division to provide the district with written notification of its being in academic facilities distress. Requires a public school or school district identified as being in facilities distress to develop a facilities improvement plan within 30 days from the date of receipt of the notice and promptly submit the facilities improvement plan to the division for review and approval, and revise the plan on a periodic basis. Authorizes the division to: --Provide on-site technical evaluation and assistance to any school district identified to be in facilities distress, and to make recommendations to the district superintendent regarding the care and maintenance of any academic facility in the district. Requires the district in facilities distress to accept such on-site technical evaluation and assistance. --Require the superintendent to relinquish all administrative authority with respect to the school district and appoint an individual in place of the superintendent to administratively operate the school district under the supervision and approval of the Director of the Division of Public School Academic Facilities and Transportation. --Suspend or remove all of the current board members and call for the election of a new school board for the district, in which case the school district must reimburse the county board of election commissioners for election costs as otherwise required by law; --Require the school district to operate without a local board under the supervision of the local superintendent or an individual or panel appointed by the director of the division; --Return the administration of the school district to the former board or place the administration of the school district in a newly elected school board; --Require school district staff and employees to attend training in areas of concern for the public school or school district; --Require a school district to cease immediately all expenditures related to activities not described as part of an adequate education in § 6-20-2302 and place money that would have been spent on the activities into an academic facilities escrow account to be released only upon approval by the division for use in conjunction with a local academic facilities project. --Notify the public school or school district in writing that the deficiencies regarding academic facilities must be corrected within a time period designated by the division; --Petition the state board at any time for the consolidation, annexation, or reconstitution of a school district in facilities distress or take other appropriate action as specified in statute in order to secure and protect the best interest of the educational resources of the state or to provide for the best interests of students in the school district. Allows the state board to consolidate, annex, reconstitute any school district that fails to remove itself from the classification of a school district in facilities distress within two consecutive school years of receipt of notice of identification of facilities distress status by the division; and --Take any other action allowed by law that is deemed necessary to assist a public school or school district in removing criteria of facilities distress. Allows a district to appeal the state board's consolidation, annexation, or reconstitution decision to the Commission for Public School Academic Facilities and Transportation. Authorizes the commission to reverse the action of the state board if the commission finds that the school district could not remove itself from facilities distress due to external forces beyond the school district's control. Allows any student attending a public school district classified as being in facilities distress to be automatically eligible to transfer to another geographically contiguous school district not in facilities distress during the time period that a district is classified as being in facilities distress. Requires transportation costs to be paid by the resident district and the nonresident district to count the student for average daily membership purposes. Requires the Division of Public School Academic Facilities and Transportation to conduct random unannounced on-site inspections of all academic facilities that have been funded wholly or in part by moneys from the state to ensure compliance with the school district's facilities master plan and, if applicable, the school district's facilities improvement plan. Requires the division to report to the Commission for Public School Academic Facilities and Transportation within 30 days of completion of the on-site inspections. Establishes a process for a school district to appeal any determination of the Division of Public School Academic Facilities and Transportation to the Commission for Public School Academic Facilities and Transportation. Repeals Arkansas Code § 6-20-1402 on school districts' authority to borrow money for building or repairing school facilities and Arkansas Code § 6-11-130 on custodial and maintenance care for school facilities. Full text of bill as enacted: http://www.arkleg.state.ar.us/ftproot/bills/2005/public/SB593.pdf Title: S.B. 593 Source: www.arkleg.state.ar.us AR Signed into law 03/2005 P-12 Provides for monitoring of the academic progress of specified subgroups of students from schools that were consolidated or annexed under act 60 of the second extraordinary session of the eighty-fourth general assembly. Also requires the receiving or resulting school district to obtain and retain all student records from the affected school district for the five years immediately preceding the annexation or consolidation. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB1888.pdf Title: H.B. 1888 Source: www.arkleg.state.ar.us AR Signed into law 03/2005 P-12 Requires a comprehensive financial review of school districts prior to consolidation, annexation, or otherwise reorganization. Requires any district involved in consolidation or annexation to have an audit begun within 30 days of the closing of the district's books. Provides that the department of education must have authority to oversee all fiscal and accounting related matters of all districts on the consolidation list and must require those districts to have accurate records necessary to close all books within 60 days after the end of the fiscal year. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB2560.pdf Title: H.B. 2560 Source: www.arkleg.state.ar.us SD Signed into law 03/2005 P-12 Provides certain options to school boards in reorganization. Boards may decide by resolution to reorganize or may accept or decide based on petitions. http://legis.state.sd.us/sessions/2005/bills/SB66enr.pdf Title: S.B. 66 Source: http://legis.state.sd.us AR Signed into law 02/2005 P-12 An act to protect the continuity of school boards by amending the procedure for election of school boards following annexation; allows certain districts to return to at-large elections. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb1266.pdf Title: H.B. 1266 Source: StateNet CA Vetoed--in Senate to unfinished business 10/2004 P-12 The California Constitution requires the state to reimburse local agencies and school districts for costs mandated by the state and incurred by a local agency or school district to implement a new program or higher level of service. Existing law creates certain exceptions. This bill includes within that exception costs mandated by a statute or executive order that imposes a duty on a local agency or school district that was expressly included in a ballot measure approved by the voters in a local election. Repeals provisions requiring a school district that succeeds the Grant Joint Union High School District to use, for home-to-school transportation, the funding made available pursuant to voluntary desegregation programs and requires that pupils in grades 7 to 12 who apply to transfer from a school district that succeeds the Grant Joint Union High School District to another school district that succeeds the Grant Joint Union High School District to be granted a transfer according to certain priorities, among which is that the transfer would mitigate schoolsite segregation. Replaces with statement of the intent of the Legislature that, if the Grant Joint Union High School District is reorganized to create two new unified school districts, the reorganization must be implemented in a manner that provides constitutionally permissible opportunities for the voluntary racial, ethnic, and socioeconomic integration of pupils attending each school district. Requires a proposal to reorganize the Grant Joint Union High School District that is initiated by the Sacramento County Committee on School District Organization and approved by the State Board of Education before December 31, 2007, to include requirements that pupils eligible to enroll in any of grades 7 to 12, except expelled pupils, whose parents are residents of any school district that succeeds the Grant Joint Union High School District have the same rights to enroll in any secondary school in a district that succeeds the Grant Joint Union High School District as a pupil whose parents are residents of that other district, and that the successor school districts to the Grant Joint Union High School District provide free transportation to these pupils if they so request, hold joint annual meetings to review segregation issues, and grant seniority rights to employees of school districts that cease to exist as a result of the proposal who become employees of the successor districts. Requires a ballot measure to approve this proposal to clearly inform the voters that by approving the measure the voters are mandating the successor school districts to incur costs to implement the requirements described above and that these costs would not be reimbursed by the state. Makes legislative findings and declarations in this regard. http://www.leginfo.ca.gov/pub/bill/sen/sb_1251-1300/sb_1271_bill_20040823_enrolled.pdf Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/SB_1271_veto.pdf Title: S.B. 1271 Source: www.leginfo.ca.gov CA Signed into law 09/2004 P-12 Establishes a program in the counties of Fresno, Humboldt, and Ventura to place the duties of approval and disapproval of petitions for the unification of school districts on the county committee. Merges an elementary school district and a high school district if their boundaries become coterminous. http://www.leginfo.ca.gov/pub/bill/asm/ab_0751-0800/ab_780_bill_20040921_chaptered.pdf Title: A.B. 780 Source: StateNet VA Signed into law 04/2004 P-12 Relates to School division consolidation; provides for a process whereby school divisions may submit proposals for the consolidation of school divisions to include holding public hearings regarding the proposal, consolidation of and the election of a board to assure all representation for all localities, and a plan for the transfer of school property from the two divisions to one division. School division proposals must include, among other things, (i) evidence of the cost savings to be realized by such consolidation; (ii) a plan for the transfer of title to school board property to the resulting school board; (iii) procedures and a schedule for the proposed consolidation, including completion of current division superintendent and school board member terms; (iv) a plan for proportional school board representation of the localities comprising the new school division, including details regarding the appointment or election processes currently ensuring such representation and other information as may be necessary to evidence compliance with federal and state laws governing voting rights; and (v) evidence of local support for the proposed consolidation. For five years following completion of such consolidation, the computation of the state and local share for an educational program meeting the standards of quality for school divisions resulting from consolidations shall be the lower composite index of local ability-to-pay of the applicant school divisions, as provided in the appropriation act. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0917 Title: H.B. 978 Source: http://leg1.state.va.us VA Signed into law 04/2004 P-12 Creates a mechanism whereby any school board of a school division in which fewer than 350 students (Highland County) were included in average daily membership (ADM) for the preceding school year, upon entering into certain cost-savings agreements with a contiguous school division for the sharing of educational, administrative, or support services, shall receive the state share for basic aid computed on the basis of the composite index of local ability-to-pay of the contiguous school division, calculated annually, for a period of 15 years. Board of Education eligibility criteria will address the cost-savings and service-sharing agreements and will provide for the adjustment of the state share for basic aid, consistent with the appropriation act. The local school board receiving the adjusted state share cannot use the additional funds received to supplant local funds appropriated for education. In addition, the adjusted state share cannot be used to reduce local operating expenditures for public education from the prior fiscal year. However, no school division shall be required to maintain a per pupil expenditure for operations that exceeds the per pupil expenditure in the prior fiscal year. If any such contractual agreements between the relevant school divisions terminate prior to the end of the applicable period, the state's obligation to provide the adjusted share shall cease. The agreement and adjusted state payment shall be in lieu of any existing funds a locality receives from a Small School Division Assistance grant. Pursuant to §§ 22.1-26 and 22.1-27, school boards are already empowered to operate joint schools and to make agreements with adjacent school boards "for furnishing public school facilities and for school services." This bill is effective July 1, 2005. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0820 Title: S.B. 518 Source: http://leg1.state.va.us NE Signed into law 04/2004 P-12 One part of this bill creates the School District Reorganization Fund. From the fiscal note: AM 3480 provides that the state will fund incentive payments to encourage Class II and III school districts with less than 390 students to reorganize into Class II, III, IV or V school districts with greater than 390 students. The incentive payments apply to consolidations after May 31, 2005 and before June 1, 2007. Incentives are paid to reorganized schools for two years. Base year incentives are paid in the initial year of reorganization. $1 million in transfers from the Education Innovation Fund (lottery proceeds) will be available in 2005-06 and 2006-07 for base year incentives. The funds are to be prorated if the total is insufficient to fund all schools qualified for incentives. Base year incentives will be equal to 50% of the amount calculated based upon a formula established in the amendment. Incentives in the second year of a consolidation will equal the other 50% of the original calculation unless funds were prorated for the base year. If funds were prorated, the second year incentive will include the amount not paid in the first year due to proration of funds. Second year incentives will be funded with General Funds as part of the distribution of state aid in 2006-07 and 2007-08. Base year incentives are not included in formula resources for purposes of state aid and schools may exceed the budget lid by the amount of incentive payments received. The fiscal impact of the amendment for the state depends upon the consolidations that occur. In 2002-03, there were 134 Class II and III school districts with less than 390 students. These systems had an average daily membership (ADM) of 32,891 students. It is estimated that if all school districts (76) in the standard cost grouping with less than 390 students were to consolidate, the fiscal impact for incentives will be $36.4 million over the three year period from 2005-06 to 2007-08. The potential fiscal impact is overstated since all Class II and III school districts in the standard cost group with less than 390 students will probably not consolidate. The fiscal impact is understated due to the use of 2002-03 ADM. This is because declining membership in smaller school systems results in a greater number of schools being eligible for future incentives which may be higher as membership declines. The fiscal impact may also be understated if school systems in the sparse or very sparse cost groups consolidate. The fiscal impact may also be impacted by consolidations of Class I and Class VI districts with Class II and III districts. This fiscal notes assumes that about 5%-10% of the eligible districts will consolidate and be eligible for incentives during the period allowed in the bill. This assumption is based upon the number of consolidations of school districts that occurred from 1997-98 through 2001-02 when a prior incentive plan was funded by the state. If this number of consolidations occur, then the total fiscal impact will range from $1.8 to $3.6 million over the three year period. The estimated amount will be higher if all of the consolidations occur in districts which receive the largest incentive payments pursuant to the bill. The amount of additional state aid required each fiscal year for incentives will depend upon the timing of consolidations. The fiscal impact in the bill's initial year is a maximum of $1 million of lottery funds set aside for base year incentives. If $1million of base year incentives are distributed in 2005-06, the fiscal impact in 2006-07 would be $1 million of general funds for second year incentives authorized in 2005-06 and an additional $1 million of lottery funds for 2006-07 base year incentives. If base year incentives are prorated in 2005-06, the General Fund fiscal impact in 2006-07, will be greater than $1 million for second year incentives, since the amount of the proration will have to be made up in the second year. The reorganization of schools into districts with 390 or more students will result in reorganization efficiencies which will reduce the amount expended by schools to operate with less than 390 students. These efficiencies should result in a savings for property taxpayers in those merged school districts with costs greater than their cost grouping cost prior to the merger. The state will also realize a savings in state aid payments two years after the consolidation due to lower overall school expenditures. Lower school spending results in lower cost group costs which will reduce state aid for schools receiving equalization aid. Any savings in state aid will occur beginning in 2007-08. School systems that opt to consolidate and receive incentive aid will have increased state incentive aid for two fiscal years. School systems receiving aid may exceed budget lids by the incentive payment amount. Consolidated school systems may also have increased expenditures related to consolidation such as retirement incentives, staff development assistance and transportation. Based on the current school finance formula, consolidated systems may also receive stabilization aid for a couple of years after the state incentive aid payments end. Slip Law: http://www.unicam.state.ne.us/legal/SLIP_LB1091.pdf Fiscal Note: http://www.unicam.state.ne.us/PDF/FiscalNote_LB1091_0002.pdf Title: L.B. 1091 Source: http://www.unicam.state.ne.us KS Signed into law 04/2004 P-12 Authorizes districts to discuss issues relating to consolidation of such districts. Specifies that such meetings may be held within the boundaries of any of the districts proposing to form the consolidated district. (Under previous statute, districts were authorized only to enter into agreements to consolidate two or more districts, not to enter into discussions thereof). http://www.kslegislature.org/bills/2004/373.pdf Title: S.B. 373 Source: www.kslegislature.org AR Emergency Rule Adoption 04/2004 P-12 Establishes emergency rules regarding the administrative consolidation or annexation of public school districts. http://arkedu.state.ar.us/pdf/condensed%20version.pdf Title: ADE 165 Source: Arkansas State Web site AR Emergency Rule Adoption 04/2004 P-12 Establishes emergency rules regarding the administrative consolidation or annexation of public school districts. http://arkedu.state.ar.us/pdf/condensed%20version.pdf Title: 005.01.04-001 Source: Arkansas State Web site SD Signed into law 02/2004 P-12 Makes an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives. Title: S.B. 49 Source: StateNet AR Signed into law 02/2004 P-12 Allows students in administratively consolidated school districts to attend classes and programs in other schools in the district. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1177.pdf Title: H.B. 1177 Source: Arkansas Legislative Web site AR Signed into law 02/2004 P-12 Provides administrative consolidation assistance to school districts that administratively consolidate. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1161.pdf Title: H.B. 1161 Source: Arkansas Legislative Web site AR Signed into law 02/2004 P-12 Allows all consolidated, annexed, or otherwise reorganized school districts to enjoy the benefit of fund balances accrued by the affected school district prior to consolidation, annexation, or reorganization. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1157.pdf Title: H.B. 1157 Source: Arkansas Legislative Web site AR Signed into law 01/2004 P-12 Provides for the continued funding support of isolated school districts. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1018.pdf Title: H.B. 1018 Source: Arkansas Legislative web site AR Became law without governor's signature 01/2004 P-12 Relates to the public education re-organization act; to ensure equal opportunities for an adequate education to all students; provides for administrative annexation and administrative consolidation of school districts. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1109.pdf Title: H.B. 1109 Source: Arkansas Legislative Web site AR Signed into law 01/2004 P-12 Encourages larger school districts to voluntarily merge with smaller school districts; concerns the establishment of an interim board; provides for annexation and school elections. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB35.pdf Title: S.B. 35 Source: Arkansas Legislative Web site MO Signed into law 06/2003 P-12 Requires that, in determining whether it is necessary to change the boundary line between seven-director districts, the board of arbitration must base its decision upon the following: (1) The presence of school aged children in the affected area; (2) The presence of actual educational harm to school-aged children, either due to a significant difference in the time involved in transporting students or educational deficiencies in the district which would have its boundary adversely affected; and (3) The presence of an educational necessity, not of a commercial benefit to landowners or to the district benefitting for the proposed boundary adjustment. http://www.senate.state.mo.us/03info/billtext/tat/sb686.htm Title: S.B. 686 (§ 162.431) Source: www.senate.state.mo.us OK Signed into law 05/2003 P-12 Renames and updates the Oklahoma Voluntary Consolidation and Annexation Act and Fund. Provides various financial incentives for district consolidation or annexation. Beginning July 1, 2003, any school district that participates in consolidation or annexation is to be exempt from the fiscal penalty (assessed in this subsection) for the school year in which the consolidation or annexation occurs and for the next three (3) fiscal years. Beginning July 1, 2003, school districts that participate in consolidation or annexation pursuant to the provisions of the Oklahoma School Voluntary Consolidation and Annexation Act are to be exempt from the provisions which relate to penalties for violation of class size limitations for the year in which the consolidation or annexation occurs and for the next five (5) fiscal years. http://www2.lsb.state.ok.us/2003-04HB/hb1153_enr.rtf Title: H.B. 1153 Source: http://www2.lsb.state.ok.us IA Adopted 05/2003 P-12 Promulgates administrative rules regarding attendance centers. Specifies that local board of a school district has discretion as to the number of attendance centers to be operated within the district, and that any determination to close an attendance center must include public notice and public involvement. Specifies guidelines regarding the closing of an attendance center. Makes decisions regarding a realignment of the grades to be taught in an attendance center. Title: 281 IAC 19.1, 19.2, 19.3 Source: StateNet IA Signed into law 05/2003 P-12 Changes from March to December 1 the date by which a petition to reorganize districts must be filed with the affected area education agency board. Changes from November 1 to July 15 the date by which the affected boards must submit the completed reorganization plan to the state board. Changes from February 1 to September 30 the date by which the state board must approve or disapprove the districts' reorganization plan. Specifies that the state board may give a district reorganization plan approval contingent upon compliance with state board recommendations; requires a contingently approved plan to returned with modifications to the department by October 30. Eliminates language allowing plans submitted to the state board after November 1 to take effect by July 1 of the succeeding fiscal year. Creates new subsection requiring the area education agency, within 15 days of its notification by the state board of approval of the area education agency's reorganization plan or dissolution proposal, to notify by certified mail the school districts in the area education agency boundaries, the districts and area education agencies contiguous with its boundaries, and any other district under contract with the area education agency, of the state board's approval of the plan, and to give the department a copy of any notice sent for these purposes. Requires a petition to join or be released from an area education agency to be filed no more than 45 days after the state board approves a reorganization or dissolution plan. Specifies that district board may petition the board of their current area education agency and the newly reorganizated area education agency to join the newly reorganized area education agency within 45 days of the state board's approval. See Sections 21-29: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html Title: H.B. 549 (omnibus bill) Source: www.legis.state.ia.us MT Signed into law 03/2003 P-12 Revises the laws related to school boundary transfers; establishes criteria, a standard of proof and procedures for territory transfer hearings; provides for appeals in district court; authorizes an appeal of the county superintendent's decision to the district court. http://data.opi.state.mt.us/bills/2003/billhtml/SB0016.htm Title: S.B. 16 Source: StateNet UT Signed into law 03/2003 P-12 Provides a process for creating new school districts. The act provides for the transfer of school property to the new school district, a tax on property within the new school district to pay for the new district's proportionate share of the existing district's debt, and for the election of new school board members. http://www.le.state.ut.us/~2003/bills/hbillenr/hb0169.htm Title: H.B. 169 Source: http://www.le.state.ut.us SD Signed into law 02/2003 P-12 Defines the consolidation of school districts. (1) "Joint district," a school district having territory in two or more adjoining counties. Jurisdiction within a joint district is determined as provided in §   13-5-14; (2) "Party," any person or municipality interested in any proceedings under the provisions of this chapter; (3) "Plan," a plan proposing the formation or elimination of one or more school district entities; (4) "Reorganization," the formation, consolidation, or subdivision of school districts; (5) "Requirements and limitations for reorganization," those requirements and limitations provided by law; (6) "State board," the South Dakota Board of Education; (7) "Consolidation," the combining of two or more districts in which a new district and school board are created. Title: H.B. 1040 Source: http://legis.state.sd.us SD Signed into law 02/2003 P-12 Makes an appropriation to fund consolidation incentive payments to certain school districts. Title: H.B. 1039 Source: StateNet AZ Signed into law 05/2002 P-12 Establishes state-level school district unification and consolidation commission; establishes required membership and duties. http://www.azleg.state.az.us/legtext/45leg/2r/laws/0316.htm Title: S.B. 1180 Source: www.azleg.state.az.us FL Signed into law 05/2002 P-12 Postsec. To reduce the anonymity of students in large schools, encourages local boards to adopt policies to encourage any school that does not meet the definition of a small school to subdivide into schools-within-a-school. Beginnning July 1, 2003, all plans for new educational facilities to be constructed within a district and reflected in the 5-year school district facilities work plan must be plans for small schools in order to promote increased learning and more effective use of school facilities. Small schools are defined as 500 or under for elementaries; at or under 700 for K-8: 700 or under for middle schools; and 900 or less for high schools. Section 1011.76 creates the Small School District Stabilization Program to assist school districts in rural communities that document economic conditions or other significant community influences that negatively impact the school district. The purpose of the program is to provide technical assistance and financial support to maintain the stability of the educational program in the school district. A rural community means a county with a population of 75,000 or less; or a county with a population of 100,000 or less that is contiguous to a county with a population of 75,000 or less.In order to participate in this program, a school district must be located in a rural area of critical economic concern designated by the Executive Office of the Governor and the district school board must submit a resolution to the Office of Tourism, Trade, and Economic Development requesting participation in the program. http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf Title: S.B. 20E Source: http://www.leg.state.fl.us LA Signed into law 04/2002 P-12 Allows parish governing authorities to consolidate certain precincts; relates to the redistricting and reapportionment of a parish, city, or other local public school board. Title: S.B. 65A Source: Lexis-Nexis/StateNet NM Vetoed 02/2002 P-12 A school district with membership that is greater than thirty-five thousand students is required to redistrict. The state board must adopt and promulgate rules setting forth procedures for the redistricting of the school district. Title: H.B. 153 Source: Lexis-Nexis/StateNet ID Signed into law 01/2002 P-12 Provides that in proposed closure of public secondary schools which are thirty miles or more distant from another public secondary attendance school, that only patrons resident in this attendance area shall be eligible to vote in an election regarding the closure, except for attendance units, or portions of them, created after 1/1/02, in which case qualified school district electors throughout the school district shall be eligible to vote. Title: S.B. 1485 Source: Lexis-Nexis/StateNet MT Signed into law 05/2001 P-12 Allows school districts that consolidate to each retain their basic entitlement for 6 years; retains 100% of the entitlement for the 1st 3 years; reduces the entitlement over the next 3 years by 25% each year. Title: H.B. 488 Source: Lexis-Nexis/StateNet TN Signed into law 04/2001 P-12 Authorizes counties with metropolitan governments in which principal city is not county seat to adopt consolidation plan for school systems with approval of governing body of metropolitan government and approval by all affected school boards. - Amends TCA Title 49, Chapter 2. Title: H.B. 465 Source: Lexis-Nexis/StateNet AR Signed into law 03/2001 P-12 This bill completely revamps the way that school districts are consolidated in the state. The relevant sections of the legislation are below: THERE SHALL NOT BE ANY CONSOLIDATION OR ANNEXATION OF ANY PUBLIC SCHOOL DISTRICT WITH ANY OTHER SCHOOL DISTRICT IN THE STATE WITHOUT THE PRIOR CONSENT AND APPROVAL OF THE STATE BOARD OF EDUCATION A> (A) THE STATE BOARD OF EDUCATION SHALL CONSIDER THE CONSOLIDATION OF AFFECTED SCHOOL DISTRICTS INTO THE EXISTENCE OF A NEW RESULTING SCHOOL DISTRICT OR DISTRICTS UNDER THE FOLLOWING CONDITIONS: <A] [A> (A) THE AFFECTED DISTRICTS FILE A PETITION WITH THE STATE BOARD OF EDUCATION REQUESTING THE AFFECTED DISTRICTS BE CONSOLIDATED INTO A RESULTING DISTRICT OR DISTRICTS. <A] [A> A COPY OF THE PETITION HAS BEEN FILED WITH THE COUNTY CLERK'S OFFICE OF EACH COUNTY WHERE THE AFFECTED DISTRICTS ARE LOCATED. THE COUNTY CLERK'S OFFICE CERTIFIES IN WRITING TO THE STATE BOARD OF EDUCATION THAT THE PETITION HAS BEEN SIGNED BY A MAJORITY OF THE QUALIFIED ELECTORS OF THE AFFECTED DISTRICTS; <A] [A> (B) A MAJORITY OF THE QUALIFIED ELECTORS IN THE AFFECTED DISTRICTS VOTE TO APPROVE CONSOLIDATION OF THE AFFECTED DISTRICTS INTO A RESULTING DISTRICT OR DISTRICTS PURSUANT TO A VALID ELECTION AS PROVIDED FOR IN SECTION 6-14-122; <A] [A> (C) THE LOCAL BOARD OF DIRECTORS VOTE TO APPROVE BY RESOLUTION OF A MAJORITY OF THE MEMBERS OF EACH LOCAL BOARD OF EDUCATION THE CONSOLIDATION OF THE AFFECTED DISTRICTS INTO A RESULTING DISTRICT OR DISTRICTS. <A] [A> (B) THE STATE BOARD OF EDUCATION MAY VOTE TO APPROVE, BY A MAJORITY OF A QUORUM PRESENT OF THE MEMBERS OF THE STATE BOARD, THE CONSOLIDATION OF THE AFFECTED DISTRICTS INTO A RESULTING DISTRICT UPON RECEIPT OF A VALID PETITION FOR CONSOLIDATION AND AFTER RECEIVING PROOF FROM THE PETITIONING PARTY OF AT LEAST ONE (1) OF THE REQUIRED CONDITIONS SET FORTH IN SUBSECTION (A)(1)(A), (B) OR (C) OF THIS SECTION, AND UPON RECEIPT OF PROOF OF THE ISSUANCE OF PUBLIC NOTICE OF THE INTENT TO CONSOLIDATE AFFECTED DISTRICTS INTO A RESULTING DISTRICT OR DISTRICTS IN THE LOCAL NEWSPAPERS OF GENERAL CIRCULATION IN THE AFFECTED DISTRICTS FOR A TIME PERIOD OF NO LESS THAN ONCE A WEEK FOR TWO (2) CONSECUTIVE WEEKS IMMEDIATELY PRIOR TO THE TIME THE PETITION IS FILED WITH THE STATE BOARD. <A] [A> (C) IN ORDER FOR THE PETITION FOR CONSOLIDATION TO BE VALID, IT SHALL BE FILED WITH THE STATE BOARD OF EDUCATION AT LEAST THIRTY (30) DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED STATE BOARD OF EDUCATION MEETING, AT WHICH TIME THE PETITION WILL BE PRESENTED FOR HEARING BEFORE THE STATE BOARD. <A] [A> (D) UPON APPROVAL OF A PETITION REQUESTING CONSOLIDATION, THE STATE BOARD SHALL ISSUE AN ORDER DISSOLVING THE AFFECTED SCHOOL DISTRICTS AND ESTABLISHING THE RESULTING SCHOOL DISTRICT OR DISTRICTS. THE STATE BOARD OF EDUCATION SHALL ISSUE AN ORDER ESTABLISHING THE BOUNDARY LINES OF THE RESULTING DISTRICT OR DISTRICTS. IT SHALL BE THE DUTY OF THE DEPARTMENT OF EDUCATION TO MAKE CHANGES IN THE MAPS OF THE SCHOOL DISTRICTS TO PROPERLY SHOW THE BOUNDARY LINES OF THE RESULTING DISTRICT OR DISTRICTS. <A] [A> (E) THE STATE BOARD OF EDUCATION SHALL ISSUE AN ORDER ESTABLISHING THE CHANGED BOUNDARIES AND SHALL FILE THE ORDER WITH THE COUNTY CLERK OR CLERKS WHERE THE RESULTING DISTRICT OR DISTRICTS ARE LOCATED. THE COUNTY CLERK SHALL MAKE A PERMANENT RECORD OF THE ORDER AND, THEREAFTER, THE BOUNDARIES SO ESTABLISHED SHALL BE BOUNDARIES OF THE RESULTING DISTRICT UNTIL CHANGES ARE MADE ACCORDING TO THE PROVISIONS OF LAW. <A] [A> (F) THE STATE BOARD OF EDUCATION SHALL NOT CONSOLIDATE AFFECTED DISTRICTS WHICH ARE NOT GEOGRAPHICALLY CONTIGUOUS UNLESS THE FOLLOWING LIMITED CONDITIONS ARE DETERMINED TO BE VALID REASONS FOR CONSOLIDATION: <A] [A> (1) THE CONSOLIDATION WILL RESULT IN THE OVERALL IMPROVEMENT IN THE EDUCATIONAL BENEFIT TO STUDENTS IN ALL THE SCHOOL DISTRICTS INVOLVED; OR <A] [A> (2) THE CONSOLIDATION WILL PROVIDE A SIGNIFICANT ADVANTAGE IN TRANSPORTATION COSTS OR SERVICE TO ALL THE SCHOOL DISTRICTS INVOLVED. <A] [A> 6-13-1405. EFFECTIVE DATE OF ANNEXATION OR CONSOLIDATION. <A] [A> (A) UNLESS AN AGREEMENT IS REACHED IN THE CONSOLIDATION OR ANNEXATION AGREEMENT TO BE DIFFERENT, THE EFFECTIVE DATE OF THE ANNEXATION OR CONSOLIDATION SHALL BE THE JULY 1 FOLLOWING THE ORDER OF THE STATE BOARD OF EDUCATION DIRECTING THE ANNEXATION OR THE CONSOLIDATION. <A] [A> (B) THE BOARD OF DIRECTORS OF THE AFFECTED DISTRICTS BY MAJORITY APPROVAL OF THE MEMBERS OF THE LOCAL BOARDS MAY ENTER INTO A WRITTEN AGREEMENT, EXECUTED BY THE FORMER PRESIDENT AND SECRETARY OF EACH DISTRICT. THE AGREEMENT SHALL PRESCRIBE THE DATE OF THE ANNEXATION OF THE AFFECTED DISTRICT OR DISTRICTS TO THE RECEIVING DISTRICT OR THE FORMATION OF THE RESULTING DISTRICT FROM CONSOLIDATION OF AFFECTED DISTRICTS. <A] [A> (C) THE AGREEMENT SHALL ALSO CONTAIN THE NUMBER OF MEMBERS OF THE BOARD OF DIRECTORS OF THE RESULTING DISTRICT AND PRESCRIBE THE NUMBER OF DIRECTORS OF THE RESULTING DISTRICT AS PROVIDED FOR IN SECTION 6-13-1206. <A] [A> (D) AN EXECUTED COPY OF THE AGREEMENT SHALL BE FILED WITH THE COUNTY CLERK OF EACH COUNTY WHICH CONTAINS TERRITORY OR A PORTION OF THE TERRITORY OF EACH AFFECTED SCHOOL DISTRICT. <A] [A> 6-13-1406. BOARD OF DIRECTORS - TERM - ELECTION. <A] [A> (A)(1) UNLESS THE BOARDS OF DIRECTORS OF THE AFFECTED DISTRICT OR DISTRICTS AND THE BOARD OF DIRECTORS OF THE RECEIVING DISTRICT OR DISTRICTS AGREE OTHERWISE, THE BOARD OF DIRECTORS OF THE RECEIVING DISTRICT OR DISTRICTS AFTER ANNEXATION SHALL BE THE SAME BOARD OF DIRECTORS OF THE RECEIVING DISTRICT PRIOR TO ANNEXATION UNTIL THE NEXT REGULAR SCHOOL ELECTION. <A] [A> (2) THE BOARDS OF DIRECTORS OF THE AFFECTED DISTRICTS MAY BY AGREEMENT ESTABLISH A NEW BOARD OF DIRECTORS OTHER THAN THE CURRENT BOARD OF DIRECTORS OF THE RECEIVING DISTRICT COMPOSED OF NOT LESS THAN FIVE (5) NOR MORE THAN SEVEN (7) DIRECTORS EXCEPT FOR THOSE SCHOOL DISTRICTS ALLOWED TO DO OTHERWISE PURSUANT TO SECTION 6-13-604. <A] [A> (3) THE BOARD OF DIRECTORS OF THE RECEIVING DISTRICT CREATED BY AGREEMENT SHALL BE ELECTED FROM SINGLE-MEMBER ZONES OF SUBSTANTIALLY EQUAL POPULATION BASED UPON THE MOST RECENT CENSUS INFORMATION AND FROM WHICH RACIAL MINORITIES MAY BE REPRESENTED ON THE BOARD IN PROPORTIONS REFLECTED IN THE DISTRICT AS A WHOLE. <A] [A> (B)(1) UNLESS THE BOARDS OF DIRECTORS OF THE AFFECTED DISTRICTS AGREE OTHERWISE, THE BOARD OF DIRECTORS OF THE RESULTING DISTRICT AFTER CONSOLIDATION SHALL BE COMPOSED OF SEVEN (7) MEMBERS UNTIL THE NEXT REGULAR SCHOOL ELECTION. <A] [A> (2) THE BOARDS OF DIRECTORS OF THE AFFECTED DISTRICTS MAY BY AGREEMENT ESTABLISH A BOARD OF DIRECTORS OF THE RESULTING DISTRICT COMPOSED OF NOT LESS THAN FIVE (5) NOR MORE THAN SEVEN (7) DIRECTORS EXCEPT FOR THOSE SCHOOL DISTRICTS ALLOWED TO DO OTHERWISE PURSUANT TO SECTION 6-13-604. <A] [A> (3) THE BOARD OF DIRECTORS OF THE RESULTING DISTRICT SHALL BE ELECTED FROM SINGLE-MEMBER ZONES OF SUBSTANTIALLY EQUAL POPULATION BASED UPON THE MOST RECENT CENSUS INFORMATION AND FROM WHICH RACIAL MINORITIES MAY BE REPRESENTED ON THE BOARD IN PROPORTIONS REFLECTED IN THE DISTRICT AS A WHOLE. <A] [A> (C) THE LENGTH OF THE TERM OF EACH MEMBER OF THE BOARD OF DIRECTORS AFTER ANNEXATION OR CONSOLIDATION SHALL BE FOR A TIME PERIOD AS ALLOWED BY LAW. <A] [A> (D) AT THE FIRST MEETING OF A NEW BOARD AFTER ANNEXATION OR CONSOLIDATION, THE MEMBERS SHALL DETERMINE THEIR TERMS BY LOT SO THAT NO MORE THAN TWO (2) MEMBERS' TERMS EXPIRE DURING ANY ONE (1) YEAR. <A] [A> (E) ANY VACANCY ON THE BOARD SHALL BE FILLED IN THE MANNER PROVIDED FOR BY LAW. <A] [A> (F) THE ESTABLISHMENT OF A BOARD OF DIRECTORS WITH AN EVEN NUMBER OF MEMBERS FOLLOWING ANNEXATION OR CONSOLIDATION IS HEREBY PROHIBITED. <A] [A> 6-13-1407. CREATION OF A DISTRICT - WHEN PART OF A DISTRICT TAKEN. <A] [A> (A) ANY RECEIVING OR RESULTING DISTRICT CREATED UNDER THIS SECTION SHALL BECOME THE SUCCESSOR IN INTEREST TO THE PROPERTY OF THE DISTRICT DISSOLVED, SHALL BECOME LIABLE FOR THE CONTRACT AND DEBTS OF SUCH DISTRICT, AND MAY SUE AND BE SUED THEREFORE. <A] [A> (B) WHEN TERRITORY LESS THAN THE ENTIRE DISTRICT IS ANNEXED OR CONSOLIDATED TO A DISTRICT, THE RECEIVING OR RESULTING DISTRICT SHALL TAKE THE PROPERTY OF THE DISTRICT FROM WHICH THE TERRITORY WAS TAKEN, AS THE STATE BOARD OF EDUCATION SHALL DEEM PROPER, AND SHALL BE LIABLE FOR THAT PART OF ALL INDEBTEDNESS OF THE DISTRICT FROM WHICH THE TERRITORY WAS TAKEN AS SHALL BE ASSIGNED TO THEM BY THE STATE BOARD OF EDUCATION UNLESS OTHERWISE APPROVED BY MAJORITY VOTE OF THE AFFECTED SCHOOL DISTRICT OR DISTRICTS BOARDS OF DIRECTORS. <A] [A> 6-13-1408. ANNEXATION OR CONSOLIDATION NOT TO NEGATIVELY IMPACT STATE-ASSISTED DESEGREGATION. <A] [A> (A) THE STATE BOARD OF EDUCATION SHALL NOT ORDER ANY ANNEXATION OR CONSOLIDATION UNDER THIS SUBCHAPTER OR ANY OTHER ACT OR COMBINATION UNDER ANY ACT WHICH HAMPERS, DELAYS, OR IN ANY MANNER NEGATIVELY AFFECTS THE DESEGREGATION EFFORTS OF A SCHOOL DISTRICT OR DISTRICTS IN THIS STATE. <A] [A> (B) PRIOR TO THE ENTRY OF ANY ORDER UNDER THIS SUBCHAPTER, THE STATE BOARD OF EDUCATION SHALL SEEK AN ADVISORY OPINION FROM THE ATTORNEY GENERAL CONCERNING THE IMPACT OF THE PROPOSED ANNEXATION OR CONSOLIDATION ON THE EFFORT OF THE STATE TO ASSIST A DISTRICT OR DISTRICTS IN DESEGREGATION OF THE PUBLIC SCHOOLS OF THIS STATE. <A] [A> (C) ANY ORDER OF ANNEXATION OR CONSOLIDATION OR COMBINATION THEREOF WHICH VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE NULL AND VOID. <A] [A> 6-13-1409. STATE BOARD OF EDUCATION. <A] [A> (A) THE STATE BOARD OF EDUCATION SHALL HAVE THE FOLLOWING DUTIES REGARDING CONSOLIDATIONS AND ANNEXATIONS: <A] [A> (1) TO FORM LOCAL SCHOOL DISTRICTS, CHANGE BOUNDARY LINES OF SCHOOL DISTRICTS, DISSOLVE SCHOOL DISTRICTS AND ANNEX THE TERRITORY OF SUCH DISTRICTS TO ANOTHER DISTRICT, CREATE NEW SCHOOL DISTRICTS, AND PERFORM ALL OTHER FUNCTIONS REGARDING CHANGES IN SCHOOL DISTRICTS IN ACCORDANCE WITH THE LAW; <A] [A> (2) TO TRANSFER FUNDS AND ATTACH TERRITORY WHICH IS IN NO SCHOOL DISTRICT TO OTHER SCHOOL DISTRICTS AS MAY SEEM BEST FOR THE EDUCATIONAL WELFARE OF THE CHILDREN; AND <A] [A> (3) TO ENACT RULES AND REGULATIONS REGARDING THE CONSOLIDATION AND ANNEXATION OF SCHOOL DISTRICTS UNDER THIS TITLE. <A] [A> (B)(1) ANY PERSON BEING A PARTY TO A PROCEEDING IN FRONT OF THE STATE BOARD OF EDUCATION CONCERNING CONSOLIDATION OR ANNEXATION WHO FEELS AGGRIEVED BY ANY FINAL ORDER OR DECISION OF THE STATE BOARD OF EDUCATION MAY FILE A PETITION FOR APPEAL FROM SUCH FINAL ORDER OR DECISION, PROVIDED, WITHIN THIRTY (30) DAYS FROM THE DATE OF THE FINAL ORDER OR DECISION COMPLAINED OF, THE PERSON SHALL: <A] [A> (A) MAKE AN AFFIDAVIT THAT THE APPEAL TAKEN FROM SUCH FINAL ORDER OR DECISION OF THE STATE BOARD OF EDUCATION IS NOT TAKEN FOR PURPOSES OF DELAY; AND <A] [A> (B) ENTER INTO A BOND WITH GOOD AND SUFFICIENT SURETY THEREON IN SUCH SUM AS SHALL BE ORDERED BY THE STATE BOARD, NOT TO EXCEED TWICE THE AMOUNT OF PROPERTY TAX REVENUES INVOLVED IN THE APPEAL. <A] [A> (2) THE APPEAL PROVIDED IN THIS SECTION SHALL BE TO THE CIRCUIT COURT OF PULASKI COUNTY. <A] SECTION 2. Arkansas Code 6-14-122 is amended to read as follows: 6-14-122. Consolidation, annexation, or merger of districts. (a) The consideration of the question of the consolidation, [A> OR <A] annexation [D> , or merger <D] of two (2) or more school districts, or parts thereof, in their entireties (kindergarten through twelfth grade), may be made at the annual school election with the issue of combining the districts and the levying of a specified tax millage to support the new district placed on the ballot as a single issue, in order to assure that when the two (2) or more districts, or parts thereof, are combined into one district, a single millage will be levied for support of the new district. (b) [D> Furthermore, the <D] [A> THE <A] board of directors of the districts may, by resolution duly adopted and with the approval of the Director of the Department of Education, set a date for the annual school election in that year for the districts involved on a date other than the date set in Section 6-14-102 for all school districts, provided only one (1) annual school election may be held in any school district in one (1) calendar year. [A> (C) IF THE STATE BOARD OF EDUCATION IS PETITIONED BY THE BOARD OF DIRECTORS OF A SCHOOL DISTRICT OR DISTRICTS, BY RESOLUTION DULY ADOPTED BY MAJORITY VOTE OF EACH OF THE LOCAL BOARDS, OR WHEN PETITIONED BY AT LEAST TWENTY-FIVE PERCENT (25%) OF THE QUALIFIED ELECTORS OF A SCHOOL DISTRICT OR DISTRICTS AS CERTIFIED IN WRITING BY THE COUNTY CLERK OF EACH COUNTY WHERE THE SCHOOL DISTRICT OR DISTRICTS ARE LOCATED, THE STATE BOARD OF EDUCATION MAY CALL A SPECIAL ELECTION TO BE HELD TO CONSIDER THE QUESTION OF CONSOLIDATION OR ANNEXATION OF THE SCHOOL DISTRICTS AS OTHERWISE ALLOWED FOR IN SUBSECTION (A) OF THIS SECTION. <A] [A> (D) THE SPECIAL ELECTION ON CONSOLIDATION OR ANNEXATION SHALL BE HELD BY THE SAME OFFICIALS AT THE SAME POLLING PLACES, AND THE RETURNS SHALL BE MADE, CANVASSED, AND PUBLISHED IN THE SAME MANNER AS IS PROVIDED BY LAW FOR ANNUAL SCHOOL ELECTIONS. <A] Title: S.B. 896 Source: Lexis-Nexis/StateNet AZ Signed into law 04/2000 P-12 States that unification of a common school district and a high school district is not authorized if any of the high school district facilities owned by the new unified school district are not located within its boundaries; stipulates that only unifying school districts shall approve the formation of a unified school district by resolution. Title: H.B. 2264 Source: Lexis-Nexis/StateNet