15.1-12 Annexation, Reorganization, and Dissolution

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CHAPTER 15.1-12ANNEXATION, REORGANIZATION, AND DISSOLUTION15.1-12-01. Definitions. In this chapter, unless the context otherwise requires:1."Annexation" means the alteration of a school district's boundaries through the removal of real property from one school district and its attachment to another contiguous school district.2."Contiguous" means two or more tracts of real property which share a common point or which would share a common point but for an intervening road or right of way.3."Dissolution" means the process through which a school district ceases to function and the subsequent attachment of its real property to other school districts.4."Reorganization" means the formation of a new school district through the combination, in whole or in part, of two or more school districts.5."State board" means the state board of public school education.15.1-12-02.Annexation of property to school district - Exchange - Petition -Requirements. An individual may petition to have property in one school district annexed to another school district by an exchange of property with property in a contiguous school district. In order to be approved:1.The petitioner must reside within the boundary of the property to be exchanged;2.The petitioner must obtain the written approval of one qualified elector from each residence within the boundary of the property referenced in subsection 1;3.The petitioner must obtain written authorization for the exchange of property from the owner of the property to be exchanged in the adjacent district, provided that the owner need not reside on the property to be exchanged;4.The difference in the taxable valuation of the property involved in the exchange may not exceed one thousand dollars;5.Each property involved in the exchange is contiguous with the school district to which it is being annexed; and6.Except as otherwise provided in this section, the annexation by an exchange of property under this section is subject to, and meets, all other statutory requirements regarding annexations.15.1-12-03. Annexation of property to school district - Eligibility. Real property maybe annexed to a school district provided:1.The property to be annexed constitutes a single area that is contiguous to the school district;2.The property to be annexed does not constitute an entire school district;3.The annexation petition is signed by two-thirds of the qualified electors residing on the property to be annexed;4.The annexation petition is filed with the county superintendent of schools whose jurisdiction includes the administrative headquarters of the district;Page No. 15.A public hearing is held by the county committee or the county committees, as required in section 15.1-12-05; and6.The annexation petition is approved by the state board.15.1-12-04. Annexation of property to school district - Petition requirements.1.A petition to request the annexation of property must:a.Be obtained from the county superintendent of schools;b.Identify all property to be annexed, before circulation;c.Identify one child whose place of residence is on the property to be annexed and whose parent has stated an intention to send the child to a public school in the district receiving the property during the school year following the effective date of the annexation;d.Be signed in the presence of the petition carrier; ande.Be submitted to the county superintendent whose jurisdiction includes the administrative headquarters of the district.2.Any person who wishes to add or remove that person's name from the annexation petition may do so until five p.m. on the last business day before the public hearing by the county committee; provided the person appears before the county superintendent to request the action.3.This section does not apply to annexations involving an exchange of property.15.1-12-05. Annexation of property to school district - Hearing.1.Upon receiving a petition for the annexation of property to a school district, the county superintendent shall schedule and give notice of a public hearing regarding the annexation.2.The county superintendent shall publish notice of the public hearing in the official newspaper of the county in which the major portion of each affected school district's real property is situated, at least fourteen days before the date of the hearing. If no newspaper is published in the county, the county superintendent shall publish the notice in a newspaper in an adjoining county in this state.3.Before the hearing, the county committee shall:a.Determine the number of qualified electors residing on the property to be annexed;b.Ensure that two-thirds of such qualified electors have signed the petition; andc.Ensure that all other statutory requirements regarding the petition have been met.4.At the hearing, the county committee shall accept testimony and documentary evidence regarding:a.The value and amount of property held by each affected school district;b.The amount of all outstanding bonded and other indebtedness of each affected district;Page No. 2c.The levies for bonded indebtedness to which the property will be subjected or from which the property will be exempted, as provided for in section 15.1-12-08;d.The taxable valuation of each affected district and the taxable valuation under the proposed annexation;e.The size, geographical features, and boundaries of each affected district;f.The number of students in each affected district;g.The general population of each affected district;h.Each school in the district, including its name, location, condition, the grade levels it offers, and the distance that students living in the petitioned area would have to travel to attend school;i.The location and condition of roads, highways, and natural barriers in each affected district;j.Conditions affecting the welfare of students residing on the property to be annexed;k.The boundaries of other governmental entities;l.The educational needs of communities in each affected district;m.Potential savings in school district transportation and administrative services;n.The potential for a reduction in per student valuation disparity between the affected districts;o.The potential to equalize or increase the educational opportunities for students in each affected district; andp.All other relevant factors.5.Following consideration of the testimony and documentary evidence presented at the hearing, the committee shall make specific findings of fact and approve or deny the annexation.If the annexation is approved, the county superintendent shallforward all minutes, records, documentary evidence, and other information regarding the proceeding and the county committee's decision to the state board for final approval of the annexation.6.a.Except as provided in this subsection, the state board shall conduct a hearing after publication of a notice in the manner required in subsection 2, accept and consider testimony and documentary evidence regarding the proposed annexation, make specific findings, and approve or deny the annexation.b.If no opposition is presented to the county committee at the hearing and the county committee approves the annexation, the state board may review the record of the county committee and give final approval to the annexation without holding its own hearing.7.If the school districts involved in a proposed annexation 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 annexation petition.8.If the school districts involved in a proposed annexation are situated in more than one county and the major portion of each district's property is not in the samePage No. 3county, the county committees of those counties encompassing the major portion of each school district shall jointly consider the annexation petition.The countycommittees shall vote separately on whether to approve the annexation.9.If the state board denies the annexation, another petition involving any of the same property may not be submitted to the county committee for a period of three months after the state board's denial. A petition involving any of the same property cited in the original petition may not be considered by the state board more than twice in a twelve-month period.10.Regardless of how many county committees consider the annexation, the decision may be appealed to the state board.11.Each annexation must receive final approval from the state board.12.The county superintendent with whom the petition has been filed shall forward all minutes, records, documentary evidence, and other information regarding the annexation, and the county committee's decision to the state board for final approval or for consideration of an appeal.13.A decision of the state board with respect to an annexation petition may be appealed to the district court of the judicial district in which the property to be annexed is located.15.1-12-06. Annexation of property to school district - Effective date. Annexationsunder this chapter become effective on July first following final approval by the state board.15.1-12-07.Transfer of real property upon annexation, reorganization, ordissolution. The legal title to all real property owned by a school district and annexed to another school district, included in a reorganized district, or subjected to dissolution, vests in the board of the reorganized school district or of the district to which the property is annexed or attached on the effective date of the reorganization, annexation, or dissolution. If the reorganized district or district to which the property is annexed or attached includes less than the whole of the former district, legal title to the real property of the former district vests in the board of the school district in which the property is situated on the effective date of the reorganization, annexation, or dissolution.A certificate prepared by a licensed attorney, citing the legal description of theproperty and stating that the property has become annexed, attached, or reorganized with another school district, must be recorded in the office of the recorder of the county in which the property is located.15.1-12-08. Payment of school district levies after annexation or dissolution.1.Property annexed or attached to the receiving school district is subject to all of the receiving school district's levies, except those to retire bonded debt existing before the effective date of the annexation or dissolution. The county committee and the state board in approving the annexation or dissolution, however, may require that the property be subject to the receiving school district's levies that are required to retire bonded debt existing before the effective date of the annexation or dissolution.2.Property annexed to a receiving school district is not subject to any levies of the school district from which it was detached, except those to retire bonded debt existing before the effective date of the annexation. The county committee and the state board in approving the annexation, however, may exempt the property from the levies of the school district from which the property was detached which are required to retire bonded debt existing before the effective date of the annexation.15.1-12-09. School district reorganization - Initiation of a reorganization plan.Page No. 41.In order for two or more contiguous school districts or contiguous portions of two or more school districts to initiate a reorganization process, the board of each participating school district must:a.Vote to pursue the reorganization;b.Prepare a reorganization plan;c.Approve the reorganization plan; andd.Submit the plan to the county superintendent having jurisdiction over the major portion of property in each participating school district.2.Submission of a reorganization plan to the county superintendent after July 31, 2001:a.Renders an annexation petition involving any real property that is included in the reorganization plan void, unless the annexation has already been approved by the state board; andb.Prohibits the acceptance of a new annexation petition involving any real property that is included in the reorganization plan, until all reorganization proceedings have been completed.15.1-12-09.1. Reorganization plan - Interim fund balance.1.The reorganization plan must specify whether the balance in the interim fund of each district participating in the reorganization is to be wholly or partially allocated to the general fund of the newly reorganized district.2.If the reorganization plan provides that the balance in the interim fund of each district participating in the reorganization is to be wholly allocated to the general fund of the newly reorganized district, the reorganization plan may also provide that the general fund mill levy applicable to property in those participating districts having a general fund mill levy that is lower than the proposed general fund mill levy for the reorganized district may be raised incrementally, over a period of five years, to the level proposed for the reorganized district.3.a.If the reorganization plan provides that the balance in the interim fund of each district participating in the reorganization is to be partially allocated to the general fund of the newly reorganized district, then each participating district shall divide the amount of its interim fund balance on the day preceding the effective date of the reorganization by the number of students in average daily membership in the district during the school year concluding on the day preceding the effective date of the reorganization.b.The participating district having the lowest per student interim fund balance must contribute the total amount of its interim fund balance to the general fund of the newly reorganized district.c.Each of the other participating districts shall multiply the lowest district's per student interim fund amount by the number of students in average daily membership in their respective districts during the school year concluding on the day preceding the effective date of the reorganization. Each of the other participating districts must contribute the lesser of the amount arrived at under this subdivision or the total amount in its interim fund to the general fund of the newly reorganized district.Page No. 5d.If after complying with the requirements of subdivision c, a participating district has a balance available in its interim fund, the reorganization plan must allow that balance to be used by or on behalf of property owners residing within the boundaries of that participating district, as a proportionate credit against any property taxes owed by the property owners. The reorganization plan must determine the manner in which the proportionate credit must be used. The credit may be used either in its entirety on a single occasion or applied to several taxable years. The credit may not be used beyond the fifth taxable year.15.1-12-10.School district reorganization - Contents of plan - Public hearing -Testimony and evidence.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 demographic characteristics of each participating district, including the population per age group;c.Include the number of students enrolled in each participating district during the current school year and during the ten preceding school years;d.Include projected student enrollments for the ensuing ten years;e.Include the location and condition of all school buildings and facilities in each participating district and intended uses for the buildings and facilities;f.Address planned construction, modification, or improvement of school buildings and facilities located within the boundaries of the new district;g.Address planned course offerings by the new district;h.Include the planned administrative structure of the new district and the number of full-time equivalent personnel to be employed by the new district;i.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;j.Address plans regarding student transportation;k.Identify other governmental entities, including multidistrict special education units and area career and technology centers, which may provide services to the new district;l.Include the taxable valuation and per student valuation of each participating district and the taxable valuation and per student valuation of the new district;m.Include the amount of all bonded and other indebtedness incurred by each participating district;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;Page No. 6p.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; andq.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 areorganization 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.15.1-12-10.1.State board of public school education - Approval of elementarydistricts prohibited.The state board of public school education may not approve anyreorganization plan that would result in the creation of an elementary district.15.1-12-11.School district reorganization - Approved plan - Special election -Formation of new district.1.If the state board approves a reorganization plan, the state board shall notify each county superintendent of schools having jurisdiction over real property in the proposed new district. A county superintendent receiving notice under this section shall call a special election in order that the electors residing within the boundaries of the proposed new district may approve or reject the reorganization plan.Theelection must be held between July first and December thirty-first of the year in which the plan is approved by the state board. If there are insufficient days left in thePage No. 7year to meet the notice requirements of this section, the election must be held the following year.2.If the state board approves a reorganization plan, the state board shall notify job service North Dakota of the names of the school districts planning to reorganize, the election date proposed in the reorganization plan, the proposed effective date of the reorganization, and the proposed name of the new reorganized school district.3.The county superintendent shall give notice of the election by publishing the time, date, and place of the election in the official newspaper of the county, at least fourteen days before the date of the election.4.The election notice must:a.State that the election has been called for the purpose of approving or rejecting a plan to form a new school district;b.Describe the boundaries of the proposed new district; andc.Include a statement describing the adjustment of property, debts, and liabilities proposed in the plan, together with the proposed tax levy.5.The county superintendent shall appoint judges and clerks of the election.Theelection must be conducted in the same manner and the polls must open and close at the same time as specified for school district elections.6.The result of the elections must be certified by the participating school boards and delivered to the county superintendent within three days after the closing of the polls.7.If a majority of electors residing within each school district vote to approve the reorganization plan, the county superintendent shall make thenecessaryadjustments of property, debts, and liabilities and perform all duties required by law in order to establish and organize the new school district.The countysuperintendent shall also notify job service North Dakota regarding the results of the election and, if the reorganization is approved, shall indicate the effective date of the reorganization and the name of the new reorganized school district.15.1-12-11.1.Reorganization bonus - Eligibility - Distribution.Repealed byS.L. 2005, ch. 167, </DIV></DIV></DIV> </DIV>  <DIV></DIV> <DIV></DIV> <DIV></DIV> <DIV></DIV>  <DIV id=footer> <DIV class=container> Copyright © 2012-2022 Laws9.Com All rights reserved.  <A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A> </DIV> </DIV> </BODY></HTML>

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North Dakota Codes and Statutes

15.1-12 Annexation, Reorganization, and Dissolution