School organization planning committee.

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(1) Upon determination that one or more of the conditions described in section 22-30-105 exist, the commissioner shall notify the boards of education and committees responsible for appointing members of a school organization planning committee as stated in this section and call for the appointment of such a committee. Such a committee shall be appointed and hold its first meeting within thirty days of notification by the commissioner.

(2) The committee shall consist of the following appointed members:

(a) (I) If multiple school districts are involved in the study, two members appointed by the board of education in each school district affected by the study and one member appointed by the school district accountability committee of each school district affected by the study. Such member shall be a parent of a child attending a public school in the affected area; except that, if there are no public schools in the affected area, the member shall reside in the affected area and be a parent of a child attending a public school in one of the affected school districts. If no such parent resides in the affected area, the member shall be a person owning land located in the affected area.

(II) If a single school district is involved in the study, four members appointed by the school district board of education and three members appointed by the school district accountability committee. The members appointed by the school district accountability committee shall be parents of children attending public school in the affected area and members of school accountability committees; except that, if there are no public schools in the affected area, three of the members shall reside in the affected area and shall be parents of children attending public schools in the affected school district. If fewer than three such parents reside in the affected area, the remaining members shall be persons owning land located in the affected area.

(b) If the school organization planning process was activated by a petition, two additional members appointed by the petition committee.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, where the reorganization of a school district arises from the detachment and annexation of a portion of a school district, which portion has five or fewer eligible electors, the school district boards of education of the affected school districts shall serve as the committee.

Source: L. 92: Entire article R&RE, p. 499, § 1, effective June 1. L. 96: (2)(a) amended, p. 52, § 2, effective July 1. L. 2002: (2)(a) amended, p. 1019, § 28, effective June 1. L. 2009:

(2)(a)(II) amended, (SB 09-163), ch. 293, p. 1533, § 23, effective May 21.

Editor's note: This section is similar to former § 22-30-104 as it existed prior to 1992. 22-30-107. Duties of the committee. (1) The committee shall have the following duties:

  1. To appoint a chair, vice-chair, and secretary;

  2. To establish parameters of the study;

  3. To make a careful study of the public school systems within the parameters of thestudy established by the committee;

  4. To develop a plan of organization which meets the requirements of section 22-30-

114;

  1. To cooperate with the school district boards of education of the affected school districts, the state board, and the commissioner in arriving at a plan of organization;

  2. (I) When the proposed plan of organization results in the creation of a new schooldistrict, to file with the commissioner and the county clerk and recorder in each county affected by the proposed plan of organization a map and legal description of the new school district, the name of the county in which the new school district shall be headquartered, and the name and number by which the new school district shall be designated;

(II) When the proposed plan of organization results in the detachment and annexation of territory between existing school districts, to file with the commissioner and the county clerk and recorder in each county affected by the proposed plan of organization a map and legal description of the school districts following the detachment and annexation;

(g) (I) To call for and make arrangements for elections to vote upon the final approved plan of organization as provided in section 22-30-117;

(II) If the majority votes in favor of the final approved plan of organization and the final approved plan of organization results in the creation of a new school district, to call for an election to elect a board of education for the new school district as provided in section 22-30-122 and, if necessary, an election to address any financial matters, as provided in section 22-30121.5; except that the final approved plan of organization and financial matters may be addressed in the same election;

  1. To assist in the dissemination of information as to the purpose and benefits of theproposed plan of organization and the final approved plan of organization; and

  2. To make all certifications and perform all other acts specifically required of the committee by this article.

Source: L. 92: Entire article R&RE, p. 500, § 1, effective June 1. L. 96: (1)(f) and (1)(g) amended, p. 52, § 3, effective July 1.

Editor's note: This section is similar to former § 22-30-104 as it existed prior to 1992.


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