2005 Arizona Revised Statutes - Revised Statutes §15-445  Residents of unorganized territory; school district elections; establishment of school district

A. The county school superintendent, on receiving notification from the state school superintendent pursuant to section 15-825.02, subsection B, shall do all of the following before calling an election:

1. Establish the boundaries of the proposed unified school district, taking into consideration communities of interest and excluding Indian reservations and other federal lands where reasonable to do so. During the period that the county school superintendent is considering the new school district boundaries, the county school superintendent shall conduct at least two public meetings at which public testimony is heard and questions are answered.

2. Identify adjacent school districts that accept at least twenty-five per cent of their open enrollment or certificate of educational convenience students from the unorganized territory and that are willing to accept the unorganized territory into the existing school district.

3. Prepare a pamphlet and a ballot question that includes the proposed boundaries and identifies existing adjacent school districts that are willing to accept the unorganized territory into the existing school district. The pamphlet shall be mailed to each household with one or more qualified electors. The pamphlet and ballot shall require the voters within the boundaries proposed by the county school superintendent to select either establishing a new unified school district within the boundaries proposed or joining an existing adjacent school district. The pamphlet and ballot shall include the full cash value, the assessed valuation and the estimated amount of the primary property taxes and the estimated amount of the secondary property taxes under each of the ballot options for each of the following:

(a) An owner occupied residence whose assessed valuation is the average assessed valuation of property classified as class three, as prescribed by section 42-12003 for the current year in the school district.

(b) An owner occupied residence whose assessed valuation is one-half of the assessed valuation of the residence in subdivision (a).

(c) An owner occupied residence whose assessed valuation is twice the assessed valuation of the residence in subdivision (a).

(d) A business whose assessed valuation is the average of the assessed valuation of property classified as class one, as prescribed by section 42-12001, paragraphs 12 and 13 for the current year in the school district.

B. The county school superintendent shall schedule the election on the next available general election date allowed by law.

C. After a canvass of the vote and a determination by the county school superintendent that a majority of the voters approves the establishment of a new unified school district, the county school superintendent shall notify the state board of education that the school district is established and that the new unified school district will become operational at the beginning of the next school year. The county school superintendent shall appoint the initial governing board of the new unified school district.

D. If the newly established unified school district is not able to provide a complete academic program to the students within the school district, the newly established unified school district may transport the students to an adjacent school district pursuant to section 15-824.

E. On a canvass of the vote and a determination by the county school superintendent that a majority of the voters approves joining an existing adjacent school district, the county school superintendent shall notify the existing school district of the following:

1. That the boundaries of the school district shall be revised to include the property identified in the boundaries established by the county school superintendent.

2. That the school district shall provide the same educational services that are currently provided to students who reside in current boundaries of the school district to all students within the revised boundaries at the beginning of the next school year.

F. A school district that is formed pursuant to this section is not eligible for the small school adjustment prescribed in section 15-949, the small school district weight prescribed in section 15-943 or the small isolated school district weight prescribed in section 15-943.

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