Sec 15-392. Formation of district

A. Notwithstanding any other provision of law, districts interested in forming a joint technical education district shall conduct a study to determine the need to establish a joint technical education district in an area consisting of two or more school districts. The districts shall also initiate a plan for the establishment and operation of the joint district, which shall include a proposed budget based on a reasonable estimate of student enrollment in the new joint district. Any school district may assist in the preparation and payment of costs of the study and plan. The districts shall file a copy of the plan with the governing board of each school district included in the plan for the joint district. The districts shall submit the results of the study and the plan, along with evidence of approval by the governing board of each school district included in the selected plan for the joint district, to the state board of education.

B. If the state board of education determines that the plan submitted for the proposed joint district has met the requirements of this section, the question shall be submitted to the qualified electors of the district seeking to become a part of the joint district at an election held on the first Tuesday after the first Monday in November. The question that is submitted to the qualified electors must describe the tax rate that is associated with joining the joint district and the estimated cost of that tax rate for the owner of a single family home that is valued at one hundred thousand dollars. If the electors in a district approve, that district is authorized to participate in a joint technical education district. The joint district shall become operational on July 1 following the election held pursuant to this subsection, except as provided in subsection D of this section.

C. The governing boards of the school districts participating in the joint district may pay on a proportional basis the administrative, clerical and other expenses necessary for the establishment and operation of the joint district until monies are otherwise provided.

D. A joint technical education district after receiving voter approval as provided in subsection B of this section shall be governed by a joint board consisting of members elected pursuant to section 15-393, except that the initial composition of the joint board shall consist of one person who is not currently a board member of any school district and who is appointed by the governing board of each district participating in the joint technical education district. The terms of office of the joint board members shall become effective on January 1 following the election held pursuant to subsection B of this section. Upon the effective date of the term of office for joint board members, the joint board may begin necessary operations and activities related to making the district operational pursuant to subsection B of this section. If less than five districts are participating in the joint district, the initial composition of the joint board shall consist of two persons who are not currently board members of any school district and who are appointed by each participating district's governing board. The appointed members shall serve until January 1 following the next general election. At the general election held next following the formation of the joint district and thereafter, joint board members shall be elected as prescribed in section 15-393.