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Current as of January 01, 2024 | Updated by FindLaw Staff
1. The reorganization plan required by section 15.1-12-09 must:
a. Include a map showing the boundaries of each participating district and of the proposed new district;
b. Include the number of students enrolled in each participating district during the current school year and during the ten preceding school years;
c. Include projected student enrollments for the ensuing ten years;
d. Include the location and condition of all school buildings and facilities in each participating district and intended uses for the buildings and facilities;
e. Address planned construction, modification, or improvement of school buildings and facilities located within the boundaries of the new district;
f. Address planned course offerings by the new district;
g. Include the planned administrative structure of the new district and the number of full-time equivalent personnel to be employed by the new district;
h. Include the planned number of members who will constitute the board of the new district and the manner in which the members are to be elected;
i. Address plans regarding student transportation;
j. Identify other governmental entities, including multidistrict special education units and area career and technology centers, which may provide services to the new district;
k. Include the taxable valuation and per student valuation of each participating district and the taxable valuation and per student valuation of the new district;
l. Include the amount of all bonded and other indebtedness incurred by each participating district;
m. Include the current budget for each participating school district together with:
(1) The district's estimated ending fund balance; and
(2) A list of the district's anticipated expenditures for goods and services, whether in a single transaction or in multiple transactions, if the total value of the goods or services exceeds three thousand dollars, provided the requirements of this paragraph do not extend to salaries, benefits, or other compensation paid or payable to school district personnel;
n. Address the planned disposition of all property, assets, debts, and liabilities of each participating district, taking into consideration section 15.1-12-18;
o. Include a proposed budget for the new district and a proposed general fund levy and any other levies, provided that tax levies submitted to and approved by the state board as part of a reorganization plan are not subject to mill levy limitations otherwise provided by law;
p. Include the official name of the new district, which must include the phrase “school district” or “public school district” and which may include no more than two additional words;
q. Include the number of the new district, as assigned by the superintendent of public instruction; and
r. Include any other information that the participating school districts wish to have considered by the county committee or the state board.
2. Upon receiving a reorganization plan, the county superintendent shall schedule and give notice of a public hearing regarding the plan. If the school districts involved in a reorganization plan include property in more than one county, but the major portion of each district's property is in the same county, the county committee of that county shall consider the reorganization plan. If the school districts involved in a reorganization plan are situated in more than one county and the major portion of each district's property is not in the same county, the county committees of those counties encompassing the major portion of each school district shall jointly consider the reorganization plan.
3. The county superintendent shall publish the notice in the official newspaper of the county at least fourteen days before the date of the hearing.
4. If no newspaper is published in the county, the county superintendent shall publish the notice in the official newspaper of an adjoining county in this state.
5. Before the hearing, the county committee shall review the reorganization plan and ensure that all statutory requirements have been met.
6. At the hearing, the county committee shall accept testimony and documentary evidence regarding the reorganization plan.
7. Following consideration of the testimony and documentary evidence presented at the hearing, the committee shall approve or deny the reorganization plan.
8. If the plan is approved by at least one county committee, the county superintendent shall forward all minutes, records, documentary evidence, and other information regarding the proceeding, and the county committee's decision, to the state board for final approval. The state board shall publish notice of its meeting at which it will consider the reorganization plan in the official newspaper of the county at least fourteen days before the date of the meeting. If no newspaper is published in the county, the state board shall publish the notice in the official newspaper of an adjoining county in this state.
9. To become effective, a reorganization plan must meet all statutory requirements and must receive approval by both the state board and a majority of electors residing within each school district.
Cite this article: FindLaw.com - North Dakota Century Code Title 15.1. Elementary and Secondary Education § 15.1-12-10. School district reorganization--Contents of plan--Public hearing--Testimony and evidence - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-15-1-elementary-and-secondary-education/nd-cent-code-sect-15-1-12-10/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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