22-30-105. Activation of the school district organization planning process
(1) The appointment of a school organization planning committee charged to study school district organization shall occur when the commissioner is notified that any of the following conditions exist:
(a) One or more school district boards of education request the appointment of a school organization planning committee. Each school district which would be affected by the actions of such planning committee must submit a separate resolution.
(b) A petition committee, as defined in section 22-30-103 (10), presents a petition to the commissioner and to the county clerk and recorder of each county in which the headquarters of a school district that will be affected by the actions of a planning committee are located requesting the appointment of a school organization planning committee. Such petition shall contain a statement indicating the school districts to be involved. If only one school district is involved, the petition shall be signed by fifteen percent of that school districts eligible electors. If multiple school districts are involved, the petition shall be signed by fifteen percent of the eligible electors in each involved school district; except that, if the petition requests only consideration of detachment and annexation, the petition shall be signed by twenty-five percent of the eligible electors residing in the area to be detached and annexed. If multiple school districts are involved, the petition does not request consideration of a detachment and annexation, and the pupil enrollment of a school district for purposes of the Public School Finance Act of 1994 is greater than thirty thousand pupils, the petition shall be signed by five percent of the eligible electors in that school district. Such petitions shall be deemed sufficient by the county clerk and recorder in the county of each involved school district. Only one such petition may be presented to the commissioner and the county clerk and recorder in the county of each involved school district in any three consecutive calendar years.
(c) The state board pursuant to the provisions of section 22-11-209 declares a school district is no longer accredited or directs a school district to reorganize. Such declaration or direction must indicate the school districts to be involved in the organization study.
Source: L. 92: Entire article R&RE, p. 498, 1, effective June 1. L. 96: (1)(b) amended, p. 51, 1, effective July 1. L. 98: (1)(c) amended, p. 989, 7, effective July 1. L. 2009: (1)(c) amended, (SB 09-163), ch. 293, p. 1533, 22, effective May 21. L. 2018: (1)(c) amended, (HB 18-1355), ch. 324, p. 1958, 25, effective May 30.
Editors note: This section is similar to former 22-30-104 as it existed prior to 1992.
Cross references: For the Public School Finance Act of 1994, see article 54 of this title.