Sec 15-461.01. Transporting school district; conversion; petition; election; notice; canvass

A. A qualified elector of a school district may submit to the county school superintendent a petition signed by not less than ten per cent of the qualified school electors of the district, requesting the county school superintendent to call an election to determine whether the school district shall be converted into a transporting school district. On receipt of the petition, the county school superintendent shall certify all of the following:

1. That the petition is in proper form and contains the necessary number of signatures.

2. That the school district in question is located in a county with a population of less than fifteen thousand persons.

3. That the school district in question has had less than one hundred students enrolled for the past three years.

4. That the school district receiving the transported students has space available for those students.

B. If the petition is certified pursuant to subsection A of this section, the county school superintendent shall call an election to determine the question of whether the school district shall be converted into a transporting school district. The election may be held on a general election date, a primary election date or a special election date.

C. Public notices of an election called to determine whether the school district shall be converted into a transporting school district must be posted in not less than three public places in the school district at least ten days before the election. The election shall be held as prescribed by the county school superintendent and electors shall possess the same qualifications prescribed by law for the election of governing board members.

D. The ballots must contain the words "transporting school district, yes" and "transporting school district, no" and the voter shall signify the voter's desired choice. If a majority of the qualified electors voting on the question approve the conversion of the school district, the school district shall begin operating as a transporting school district on the next July 1 after the election results have been certified.

E. If the qualified electors approve the conversion to a transporting school district, neither the school district nor the governing board is dissolved. The transporting school district shall continue to operate in the same manner as other school districts, except that:

1. The transporting school district shall transport its entire student population to one or more other school districts.

2. The transporting school district may not educate any students in school facilities that are located within the transporting school district.

3. The school district shall not adopt a budget in excess of the general budget limit as provided in section 15-949, regardless of student count.

F. Notwithstanding any other law, a school district that is located in a county with a population of less than fifteen thousand persons and that has had less than one hundred students enrolled for the past three years may not adopt a budget that does either of the following:

1. Exceeds the limitations prescribed in section 15-949. The school district governing board shall adopt or revise a budget that complies with the criteria specified in this paragraph, and the tax rate must be adjusted to comply with the criteria specified in this paragraph.

2. Exceeds the revenue control limit by more than ten per cent unless a majority of the qualifying electors voting in an election called for this purpose approve the budget increase. The school district governing board shall adopt or revise a budget that complies with the criteria specified in this paragraph, and the tax rate must be adjusted to comply with the criteria specified in this paragraph. The election must be conducted as nearly as practicable in the manner prescribed for override elections in section 15-481.

(Rpld. 12/31/16)