2005 Idaho Code - 33-311 — PLAN OF CONSOLIDATION SUBMITTED TO ELECTORS

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 3
                               SCHOOL DISTRICTS
    33-311.  PLAN OF CONSOLIDATION SUBMITTED TO ELECTORS. The state board of
education may approve or disapprove any plan proposing consolidation, and if
it approves the same it shall give notice thereof to the board of trustees of
each school district proposing to consolidate and to the board of county
commissioners in each county in which the proposed consolidated district would
lie. Notice to the board of county commissioners shall include the legal
description of the boundaries of the proposed consolidated district and a
brief statement of the approved proposal, and shall be accompanied by a map of
the proposed consolidated district.
    Not more than ten (10) days after receiving the notice from the state
board of education, each board of county commissioners receiving such notice
shall enter the order calling for an election on the question of approving or
disapproving, and shall cause notice of such election to be posted and
published. The notice shall be posted and published, the election shall be
held and conducted and its results canvassed, in the manner and form of
sections 33-401 through 33-406, Idaho Code.
    If the qualified school electors of any one (1) district proposing to
consolidate, and voting in the election, shall constitute a majority of all
such electors voting in the entire area of the proposed consolidated district,
the proposed consolidation shall not be approved unless a majority of such
electors in such district, voting in the election, and a majority of such
electors in each of the remaining districts, voting in the election, shall
approve the proposed consolidation.
    If the qualified school electors in no one (1) of the districts proposing
to consolidate, and voting in the election, constitute a majority of all such
electors voting in the entire area of the proposed consolidated district, the
proposed consolidation shall not be approved unless a majority of all such
electors in each district, voting in the election, shall approve the proposed
consolidation.
    In any plan of consolidation the existing bonded debt of any district or
districts proposing to consolidate, shall not become the obligation of the
proposed consolidated school district. The debt or debts shall remain an
obligation of the property within the districts proposing the consolidation.
Upon voter approval of the proposed consolidation, the districts proposing to
consolidate shall become subdistricts of the new district as if they had been
created under the provisions of section 33-351, Idaho Code. The subdistricts
shall be called bond redemption subdistricts.  The powers and duties of such
bond redemption subdistricts shall not include authority to incur new
indebtedness within the subdistricts.
    When a consolidation is approved, as hereinabove prescribed, a new school
district is thereby created, and the board of county commissioners of any
county in which the consolidated district lies shall enter its order showing
the creation of the district and a legal description of its boundaries.