2005 Idaho Code - 33-309 — LAPSED DISTRICTS -- ANNEXATION

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 3
                               SCHOOL DISTRICTS
    33-309.  LAPSED DISTRICTS -- ANNEXATION. If the state board of education
shall find any school district
    a.  has not operated its school for a period of one (1) school year, or
    b.  in which the average daily attendance during each term of not less
than seven (7) months in the two (2) school years last past has been less than
five (5) pupils, or
    c.  for a period of not less than one (1) year last past has had an
insufficient number of members on its board of trustees lawfully to conduct
the business of the district,
the said state board of education shall enter its order declaring any such
district to be lapsed, and which district shall lapse as of the first day of
July next following the date of said order.
    The state board of education shall thereupon designate some proper person
a hearing officer to conduct a public hearing or hearings on the matter of
annexing the lapsed district to a school district or districts contiguous
thereto. The state board of education shall cause notice of such hearing or
hearings to be published in a newspaper of general circulation in the area and
the notice shall state the time and place of the hearing or hearings and the
subject matter involved.
    Upon concluding any hearing or hearings the hearing officer shall make his
report and recommendation to the state board of education, and the said state
board shall thereafter order the lapsed area annexed to such contiguous
district or districts as in the judgment of the said state board seems
equitable and just. Any such annexation shall be effective as of the fifteenth
day of August next following the date of the order of annexation.
    Whenever there is any outstanding unpaid bonded debt owed by the lapsed
district, the state board of education shall, in its order of annexation,
require the district, or one (1) of the districts, to which the lapsed area is
annexed, to keep and maintain the bond register and to pay the principal and
interest, when the same are due, out of the proceeds of any levy made for that
purpose. The said order of annexation shall also provide for the transfer, or
apportionment, to the annexing district or districts of the property and
current liabilities of the lapsed district as in the judgment of the state
board of education is equitable and just; provided, however, that if the
lapsed district shall have excess of liquid assets over current liabilities,
and if such lapsed district shall have any outstanding unpaid bonded debt,
then and in that event such excess shall be ordered transferred to a fund for
the payment of the principal of and interest on such debt.
    When annexation has been completed, as hereinabove authorized, the state
board of education shall give notice of such annexation to the officers of the
lapsed district, if any there be, and to the board of county commissioners of
any county in which shall lie any district, the boundaries of which have been
changed by the annexation of the lapsed area. The notice to any board of
county commissioners shall be accompanied by a legal description of the
boundaries of the district or districts as changed by the annexation.