§ 709. Review by local school district boards; consideration and approval by State Board of Education
(a) If a study committee determines that it is advisable to propose formation of a union school district, then the committee shall transmit its report and proposed articles of agreement to the school board of each school district that the report identifies as either “necessary” or “advisable” to formation of the proposed union school district. Each board may review the report and proposed articles and may provide its comments to the study committee. The study committee has sole authority to determine the contents of the report and proposed articles and to decide whether to submit them to the State Board under subsection (b) of this section.
(b) If a study committee determines that it is advisable to propose formation of a union school district, then the committee shall transmit the report and proposed articles of agreement to the Secretary who shall submit them with recommendations to the State Board.
(c)(1) The State Board:
(A) shall consider the study committee’s report and proposed articles of agreement and the Secretary’s recommendations;
(B) shall provide the study committee an opportunity to be heard;
(C) may ask the Secretary or the study committee, or both, to make further investigation and may consider any other information the State Board deems to be pertinent; and
(D) may request that the study committee amend the report or the proposed articles of agreement, or both.
(2) If the State Board finds that formation of the proposed union school district is in the best interests of the State, the students, and the school districts, and aligns with the policy set forth in section 701 of this title, then it shall approve the study committee’s report and proposed articles of agreement, together with any amendments, as the final report and proposed articles of agreement, and shall give notice of its action to the study committee.
(d) The chair of the study committee shall file a copy of the approved final report and proposed articles of agreement with the clerk of each school district identified as “necessary” or “advisable” at least 30 days prior to the vote of the electorate on whether to form the union school district. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)