72-7108. Authorization to transfer school territory; agreement of boards of education; petition by one board; approval by state board; criteria to be considered; procedure; limitations. [See Revisor&#
72-7108
72-7108. Authorization to transfer school territory;agreement ofboards of education; petition by one board; approval by state board;criteria to be considered; procedure; limitations. [See Revisor'sNote](a) Transfers of territory from one unifieddistrict to another unified district shall be made only as follows:
(1) Upon the written agreement of any two boards approved by the stateboard of education; or
(2) upon order of the state boardafter petitiontherefor by one board and a public hearing thereon conducted by the stateboard of education.
(b) Theeffective date of any such transfer shall be the date of approval thereofor order therefor issued by the state board of education or the July 1following.
(c) Notice of the public hearing onsuch a petition shall be given bypublication by the state board of education for two consecutive weeksin a newspaper of general circulation in the unified district from whichterritory is to be transferred, the last publication to be not more than 10nor less than three days prior to the date of the hearing. Thenotice shall state the time and place of the hearing and shall give asummary description of the territory proposed to be transferred.
(d) Prior to issuing an order, the state board shall consider thefollowing:
(1) City boundaries and the area within three miles surrounding any city withmore than one district in the area;
(2) available capacity of districts involved in the territory transfer toserve existing or additional students;
(3) condition and age of buildings and physical plant;
(4) overall costs including renovation of existing buildings versusconstruction;
(5) cost of bussing;
(6) food service;
(7) administration and teachers;
(8) areas of interest including access and distances for parents to travel toparticipate in student activities;
(9) matters of commerce, including regular shopping areas, meeting places,community activities and youth activities;
(10) districts that are landlocked with changing demographics that causedeclining enrollment; and
(11) effect on students living in the area.
The foregoing shall not be deemed to limit the factors which the state boardof education may consider.
(e) Within 90days after receiving an agreement or, if a public hearing is held,within 90 days after the hearing,the state board of educationshall issue its order eitherapproving or disapproving such transfer petition or agreement, or approvingthe same with such amendments as it deems appropriate.
(f) Whenever a petitionfor transfer of territory has been denied by the state board of education,no petition for transfer of substantially the same territory shall bereceived or considered by the state board of education for a period of twoyears.
History: L. 1963, ch. 393, § 25;L. 1965, ch. 410, § 6;L. 1967, ch. 400, § 1;L. 1968, ch. 394, § 1;L. 1969, ch. 346, § 1;L. 1970, ch. 290, § 1;L. 1988, ch. 356, § 280;L. 1989, ch. 283, § 14;L. 1999, ch. 165, § 13;L. 2002, ch. 167, § 2; July 1.