2005 Idaho Code - 33-2104 — FORMATION OF JUNIOR COLLEGE DISTRICTS

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 21
                               JUNIOR COLLEGES
    33-2104.  FORMATION OF JUNIOR COLLEGE DISTRICTS. A junior college district
may be organized by the vote of the school district electors of the proposed
district, voting at an election called and held as herein provided:
    a.  A petition or petitions, signed by not less than 1000 school district
electors residing in the proposed junior college district, giving the name of
the proposed junior college, describing the boundaries of the proposed
district and praying for the organization of the territory therein described
as a junior college district, together with a true copy thereof, shall be
filed with the clerk of the board of county commissioners of the county in
which such proposed district is to be located;
    b.  Said petition or petitions shall be verified by at least one (1)
school district elector, which verification shall state that affiant knows
that all the parties whose names are signed to the petition or petitions have
the qualification of school district electors and are residents of the
proposed district. The verification may be made before any notary public;
    c.  Upon receipt of such petition or petitions the clerk of the board of
county commissioners shall file the original in his office, and forthwith mail
the copy thereof to the state board of education for its consideration and
recommendation. The state board of education shall consider the existing
opportunities for education beyond grade twelve (12) in the proposed district,
the number of prospective students for such junior college, the financial
ability of the proposed district to maintain such college and furnish the
standard of education contemplated by this chapter with income from tuition
and other sources as herein provided. If the state board approve[s] the
establishment of such junior college, it shall so advise the board of county
commissioners within thirty (30) days after the receipt of such petition or
petitions, and recommend that an election be called as herein provided for the
organization of such district;
    d.  Upon receipt by the board of county commissioners of the written
approval of the state board of education, the board of county commissioners
shall enter an order that a special election be called within the proposed new
district for the purpose of voting on the question of the creation of such
district. No notice of election need be posted, but notice shall be published,
the election shall be conducted and the returns thereof canvassed as required
in elections on the question of consolidation of school districts. The ballot
shall contain the words "Junior College District--Yes" and "Junior College
District--No" each followed by a box in which the voter may express his choice
by marking a cross "X." If two-thirds (2/3) of all votes cast be in the
affirmative, the board of county commissioners shall enter an order declaring
such junior college district established, designating its name and boundaries.
A certified copy of such order shall forthwith be filed with the state board
of education.
    e.  If the proposed district embrace[s an] area in two (2) or more
counties, the county in which it is proposed to locate the junior college
shall be considered the home county, in which the proceedings for the
organization of the district shall be conducted, taken and had. Before calling
an election on the creation of the proposed district, the board of county
commissioners of the home county shall advise the board or boards of county
commissioners of such other county or counties of the proposed election, to
the end that a date may be agreed upon and the election be held in all
counties affected on the same day. The board of county commissioners in any
such other county shall give notice of the election, conduct the same and
canvass the returns thereof as though it were the only county in which such
election were being held. The returns of the election so canvassed shall be
certified promptly to the board of county commissioners of the home county.
The result of the election shall in turn be certified by the board of county
commissioners of the home county to such board in each county in which the
proposed district may lie, and if the result of the election be in the
affirmative, a certified copy of the order creating the district shall be
filed with the clerk of the board of county commissioners of such other county
or counties, and entered into the minutes of the board therein.