37-65-119 - Duties incumbent upon board of trustees upon filing of petitions to reopen schools.
§ 37-65-119. Duties incumbent upon board of trustees upon filing of petitions to reopen schools.
If a petition or petitions be filed with the secretary or president of the board of trustees, signed in person in accord with the provisions of this article by three-fifths of the persons who are qualified electors in or of the school district in which any one or more schools have been closed and three-fifths of the qualified electors who reside in the territory comprising the attendance area, if any has been designated, served by any school which may be closed, requesting the opening of a school or schools which have been closed and specifying the school or schools the re-opening of which is requested by the petition they signed, then it shall be the mandatory duty of such board of trustees to forthwith determine whether said petition or petitions are signed by the said requisite number of said qualified electors. In order to facilitate the determination by the board of whether the petition or petitions have been signed by the requisite number of said qualified electors and so that the board of trustees may have the completed petitions before it upon which its determination shall be made, all petitions requesting the opening of the same school or schools shall be filed not later than seven days after the filing of the first petition addressed to the re-opening of the same school or schools; in computing such period of time the day of filing the said first petition shall be excluded.
The board of trustees with whom any such petition or petitions are filed shall check and verify every petition or petitions filed with it to determine whether it be properly signed or executed by the required number of qualified electors. Such board of trustees is fully authorized to employ such person or persons, including counsel, as it may deem necessary in order to expeditiously make such investigation, and it is also authorized to hold such hearing or hearings as it may deem necessary in and about its said investigation and determination. All persons purporting to have signed said petition or petitions shall cooperate with said board of trustees in and about such investigation and determination.
The said board of trustees shall diligently proceed with and complete its investigation and determination of whether said petition or petitions are signed by the requisite number of qualified electors so as to avoid unnecessary delay and in any event shall complete same within not more than forty-five days after the last day upon which, in accord with this section, any petition or petitions may be filed as above provided for. The verification by the board of trustees of the signatures to said petition or petitions shall include an examination of the records on file in the office of the circuit clerk or registrar of the county or counties in which the school district involved may be situated. If it be apparent upon the face of the petition or petitions that same are not signed by the requisite number of qualified electors, when all petitions are considered together which may have been filed within such period of time above provided for, the said board of trustees may make its determination upon the sufficiency of said petition without making the detailed investigation or incurring the expense which would otherwise be incurred by such investigation and check of the records.
Within three days after the board of trustees shall have determined whether said petition or petitions do or do not contain the requisite number of signatures to re-open any school or schools therein designated, it shall hold a regular or special meeting at the place where its regular meetings are held, if the building containing same be then in existence, or, otherwise, in some other public place within the district to be selected by the president of said board of trustees, and there make the official announcement and determination of the sufficiency or insufficiency of the said petition or petitions to cause a re-opening of any school or schools which have been closed in accord with the terms of this article and enter an order evidencing its determination. If it finds that said petition or petitions are insufficient to cause such a re-opening of any such school, it shall so state in its order, but if it finds that the petition or petitions are sufficient in accord with the terms of this article to cause a re-opening of any school or schools previously closed, it shall order that the school or schools be re-opened and go into operation within one week from the date of such meeting; the day of the entry of such order shall be included in such computation of time. Upon the entry of such order all students which have been transferred to other schools and all employees who have been working in other schools and all other employees and all other students who were enrolled in any school or schools which were closed shall, on the day appointed for the re-opening of said school or schools, report for classes and duty in the school or schools where they were attending or working when such school or schools were closed, and such order shall automatically be a re-transfer of such students and employees.
Sources: Codes, 1942, § 6232-43; Laws, 1960, ch. 316, § 3, eff from and after passage (approved April 27, 1960).