15-460

15-460. Change of school district
boundaries

A. On request of the governing board of a school district or on receipt of a
petition bearing the signatures of ten per cent or more of the qualified electors
residing in the school district to change the boundaries of the school district in such a
manner as to include adjacent unorganized territory, setting forth the boundaries desired
and the reasons for such change, the county school superintendent shall submit the
question of including the unorganized territory within the existing school district to
the qualified electors of the new proposed school district. The election shall be held
as provided in section 15-459, except that a majority of the qualified electors voting on
the question in the unorganized territory and a majority of the qualified electors voting
on the question in the existing school district must approve the change. If approved,
the change is effective from and after June 30 next following the election.

B. When ten per cent or more of the qualified electors residing in a school
district desire that the boundaries of the school district be diminished, they may
present a petition to the county school superintendent setting forth the change of
boundaries desired and the reasons for such change. The county school superintendent
shall prepare and transmit to the governing board of the school district proposed to be
diminished a report providing specific information regarding the future availability of
educational programs in the area of the district to be detached and in the area which
will constitute the remaining district, availability of pupil transportation services and
the financial impact on taxpayers. The governing board shall mail or distribute the
report to all households located in the school district. The county school
superintendent shall submit the question of diminishing the school district boundaries to
the qualified electors of the school district. The election shall be held as provided in
section 15-459. A majority of the qualified electors voting on the question in the
territory to remain in the existing school district and a majority of the qualified
electors voting on the question in the territory to be excluded must approve the
change. If approved, the change is effective from and after June 30 next following the
election.

C. Notwithstanding subsections A and B of this section and this chapter, the
governing boards of two adjacent common, union or unified school districts may authorize
minor boundary adjustments to both school districts and the governing boards of a unified
school district and adjacent common and union high school districts may authorize minor
boundary adjustments to the three school districts if all of the following are true:

1. The school districts authorizing the boundary adjustment have not previously
made more than one minor boundary adjustment pursuant to this subsection.

2. A majority of the electors within the geographic boundaries of a portion of a
school district, as specified in the petition, present a petition to the governing boards
of the district or districts in which the petitioners currently reside and the district
to which the petitioners desire to be annexed. If there are no electors within the
geographic boundaries of the territory to be annexed, a majority of the property owners
in the territory may submit the petition. The petition shall set forth the boundaries of
the portion of the district to be annexed.

3. A majority of the members of the governing boards of each district approve the
minor boundary adjustment.

4. The boundary adjustment would result in the transfer of no more than one and
one-half per cent of the student count of the district from which the pupils will
transfer.

5. The boundary adjustment would not result in the transfer of any school
buildings, equipment or furnishings from one school district to another school district.

6. No member of the governing board of the school district to be diminished is a
resident of the territory that is being transferred to the adjacent school district.

7. The governing boards of the school districts have agreed on a means to satisfy
any liabilities.

D. If a majority of the members of the governing boards of school districts to
which petitions were presented pursuant to subsection C of this section approve the
petitions, the petitions shall be transmitted with the endorsements of the governing
boards to the county school superintendent. The county school superintendent, if no
petition opposing annexation signed by a majority of the school electors representing
either the resident district or the district to which annexation is proposed is received
within fifteen days after the transmittal of the petition requesting annexation, shall
make the records of boundaries conform to the petition for annexation and notify the
boards of supervisors and the county assessor of the boundary change. The change is
effective from and after June 30 next following the notification of the boards of
supervisors.

E. Notwithstanding subsection A of this section, if the qualified electors residing
in a school district have previously voted to accept unorganized territory into the
district's boundaries in two consecutive elections called for this purpose, the school
district governing board may annex any election precinct within the unorganized territory
that is contiguous to the school district if both of the following conditions exist:

1. At least one hundred fifty pupils who reside in the election precinct are
enrolled in one or more school districts in the county.

2. The qualified electors of the precinct have previously voted in favor of the
annexation.

F. Notwithstanding subsection A of this section, the governing board of a unified
school district may authorize a change to the geographic boundaries of the school
district to include a noncontiguous unorganized territory if all of the following
criteria are met:

1. A majority of the qualified electors within the geographical boundaries of an
unorganized territory that is proposed to be included in the unified school district
present a petition to the school district governing board. If there are no qualified
electors within the geographic boundaries of the unorganized territory to be annexed, a
majority of the property owners in the unorganized territory may submit a petition.

2. The unorganized territory to be included in the unified school district contains
less than one hundred fifty pupils at the time of annexation.

3. The unorganized territory that is proposed to be included in the unified school
district is adjacent to an unorganized territory that is part of an Indian reservation
with a population of less than two thousand persons but is not adjacent to the unified
school district.

G. If the governing board of the unified school district approves the petition
pursuant to subsection F of this section, the petition shall be transmitted with the
endorsement of the governing board to the county school superintendent. The county school
superintendent, if no petition opposing annexation signed by a majority of the qualified
electors within the school district is received within fifteen days after the transmittal
of the petition requesting annexation, shall make the boundaries conform to the petition
for annexation and notify the board of supervisors and the county assessor of the
boundary change. The change is effective from and after June 30 next following the
notification of the board of supervisors.

H. Notwithstanding subsections A and B of this section, if a majority of the
qualified electors or property owners who reside in a residential subdivision, a
recognized community or another type of geographic location within a school district
present a petition to the governing board of an adjacent school district to modify the
adjacent school district's boundaries to include the property designated in the petition,
the boundaries of the original school district of residence shall be changed to exclude
the designated property and the boundaries of the adjacent school district shall be
changed to include the designated property if all of the following conditions exist:

1. Both school districts are located in a county with a population of more than one
hundred fifteen thousand persons but less than one hundred twenty thousand persons.

2. At least ninety per cent of the pupils who reside on the property designated in
the petition either currently are transported at least fifty miles each way to attend
school or currently attend school in the adjacent school district.

3. The boundaries of either school district have not been previously changed to
exclude or include the property designated in the petition.

4. The proposed boundary change does not result in the transfer of more than one
hundred pupils from the original school district of residence to the adjacent school
district.

5. The boundary change does not result in the transfer of any school facilities or
school equipment between the affected school districts.