2005 Idaho Code - 33-312 — DIVISION OF SCHOOL DISTRICT

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 3
                               SCHOOL DISTRICTS
    33-312.  DIVISION OF SCHOOL DISTRICT. A school district may be divided so
as to form not more than two (2) districts each of which must have continuous
boundaries, in the manner hereinafter provided, except that any district which
operates and maintains a secondary school or schools shall not be divided
unless the two (2) districts created out of the division shall each operate
and maintain a secondary school or schools immediately following such
division.
    A proposal to divide a school district may be initiated by its board of
trustees and submitted to the state board of education. Such proposal shall
contain all of the information required in a proposal to consolidate school
districts as may be relevant to a proposal to divide a school district. It
shall also show the manner in which it is proposed to divide or apportion the
property and liabilities of the district, the names and numbers of the
proposed new districts, and legal description of the proposed trustee zones.
    Before submitting any proposal to divide a school district, the board of
trustees shall hold a hearing or hearings on the proposal within the district.
Notice of such hearing or hearings shall be posted by the clerk of the board
of trustees in not less than three (3) public places within the district, one
(1) of which places shall be at or near the main door of the administrative
offices of the school district, for not less than ten (10) days before the
date of such hearing or hearings.
    The state board of education may approve or disapprove any such proposal
submitted to it, and shall give notice thereof in the manner of a proposal to
consolidate school districts; except, that the state board of education shall
not approve any proposal which would result in a district to be created by the
division having or assuming a bonded debt in an amount exceeding the
limitations imposed by law, or which would leave the area of any city or
village in more than one school district.
    If the state board of education shall approve the proposal to divide the
district, notice of the election shall be published, the election shall be
held and conducted, and the ballots shall be canvassed, according to the
provisions of sections 33-401--33-406. The division shall be approved only if
a majority of all votes cast at said special election by the school district
electors residing within the entire existing school district and voting in the
election are in favor of the division of such district, and a majority of all
votes cast at said special election by the qualified voters within that
portion of the proposed new district having a minority of the number of
qualified voters, such portion to be determined by the number of votes cast in
each area which is a contemplated new district, are in favor of the division
of the district, and upon such approval two (2) new school districts shall be
thereby created. The organization and division of all school districts which
have divided since June 30, 1963, are hereby validated.
    If the division be approved, as herein provided, the board of canvassers
shall thereupon notify the state board of education and the trustees of the
district which has been divided. The state board shall give notice to the
board of county commissioners of any county in which the newly created
districts may lie.