2005 Idaho Code - 33-308 — EXCISION AND ANNEXATION OF TERRITORY

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 3
                               SCHOOL DISTRICTS
    33-308.  EXCISION AND ANNEXATION OF TERRITORY. (1) A board of trustees of
any school district including a specially chartered school district, or
one-fourth (1/4) or more of the school district electors, residing in an area
of not more than fifty (50) square miles within which there is no schoolhouse
or facility necessary for the operation of a school district, may petition in
writing proposing the annexation of the area to another and contiguous school
district.
    (2)  Such petition shall be in duplicate, one (1) copy of which shall be
presented to the board of trustees of the district from which the area is
proposed to be excised, and the other to the board of trustees of the district
to which the area is proposed to be annexed. The petition shall contain:
    (a)  The names and addresses of the petitioners;
    (b)  A legal description of the area proposed to be excised from one
    district and annexed to another contiguous district;
    (c)  Maps showing the boundaries of the districts as they presently appear
    and as they would appear should the excision and annexation be approved;
    (d)  The names of the school districts from and to which the area is
    proposed to be excised, and annexed;
    (e)  A description of reasons for which the petition is being submitted;
    and
    (f)  An estimate of the number of children residing in the area described
    in the petition.
    (3)  The board of trustees of each school district, no later than ten (10)
days after its first regular meeting held subsequent to receipt of the
petition, shall transmit the petition, with recommendations, to the state
board of education.
    (4)  The state board of education shall approve the proposal provided:
    (a)  The excision and annexation is in the best interests of the children
    residing in the area described in the petition; and
    (b)  The excision of the territory, as proposed, would not leave a school
    district with a bonded debt in excess of the limit then prescribed by law.
If either condition is not met, the state board shall disapprove the proposal.
The approval or disapproval shall be expressed in writing to the board of
trustees of each school district named in the petition.
    (5)  If the state board of education shall approve the proposal, it shall
be submitted to the school district electors residing in the area described in
the petition, at an election held in the manner provided in chapter 4, title
33, Idaho Code. Such election shall be held within sixty (60) days after the
state board approves the proposal.
    (6)  At the election there shall be submitted to the electors having the
qualifications of electors in a school district bond election and residing in
the area proposed to be annexed:
    (a)  The question of whether the area described in the petition shall be
    excised from school district no. (   ) and annexed to contiguous school
    district no. (   ); and
    (b)  The question of assumption of the appropriate proportion of any
    bonded debt, and the interest thereon, of the proposed annexing school
    district.
    (7)  If a majority of the school district electors in the area described
in the petition, voting in the election, shall vote in favor of the proposal
to excise and annex the said area, and if in the area the electors voting on
the question of the assumption of bonded debt and interest have approved such
assumption by the proportion of votes cast as is required by section 3,
article VIII, of the constitution of the state of Idaho, the proposal shall
carry and be approved. Otherwise, it shall fail.
    (8)  If the proposal shall be approved by the electors in the manner
prescribed, the state board of education shall make an appropriate order for
the boundaries of the affected school districts to be altered; and the legal
descriptions of the school districts shall be corrected as prescribed in
section 33-307(2), Idaho Code.