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This entry was published on 2014-09-22
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SECTION 1802
Organization procedure
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 37
§ 1802. Organization procedure. 1. New central school districts shall
be organized as provided in this subdivision.

a. When an order laying out a central school district has been made
and entered as provided in section eighteen hundred one of this chapter,
a petition may be presented by persons qualified to vote at school
district meetings asking for the organization of a central school
district and the establishment of a central school therein. Said
petition shall be signed by at least one hundred of such qualified
voters or by a number of such qualified voters equal to at least ten per
centum of the pupils of said central school district as determined by
the last school census, whichever shall be less.

b. Said petition shall be filed with the commissioner and shall
request that a meeting of the qualified voters within said territory be
called for the purpose of determining whether or not such territory
shall be organized as a central school district and a central school be
established therein for instruction in elementary or elementary and high
school subjects. If the commissioner is satisfied that the petition has
been duly signed as provided in this section, he shall fix a time and
place for a special meeting of the qualified voters within the central
school district, which meeting shall be held not more than thirty days
after the filing of the petition aforesaid. The commissioner shall
cause notice of such meeting to be posted at least ten days before the
meeting in three conspicuous places in each school district wholly or
partly within the central school district. In addition to the posting of
such notice, a copy thereof shall be published at least three days
before the meeting in a daily or weekly newspaper published within the
territory or in a newspaper circulating therein. The expense of posting
and publishing of the notice shall be borne equally by the several
school districts within the territory, unless a central school district
is organized, in which event such expense shall become a charge upon
said central school district.

2. Territory shall be annexed to a central school district as provided
in this subdivision.

a. When an order annexing territory to a central school district has
been made and entered as provided in section eighteen hundred one of
this chapter, the commissioner shall within ten days thereafter cause
certified copies of said order to be filed with the clerk of the central
school district and the trustee or trustees of each school district
affected thereby. Said order annexing territory to the central school
district shall become final sixty days after such filing of the
certified copy thereof, unless a permissive referendum is requested as
hereinafter provided. Said order may state that it shall take effect on
a date specified therein which date shall not, however, be earlier than
sixty days after such filing.

b. When at least one hundred of the qualified voters residing in a
central school district, as it existed prior to the order of annexation,
or a number of such qualified voters equal to at least ten per centum of
the pupils therein, as determined by the last school census, whichever
shall be less; or when at least one hundred qualified voters residing
within any school district affected by such order or a number of such
qualified voters equal to at least ten per centum of the pupils therein,
as determined by the last school census, whichever shall be less, shall,
within sixty days after the last filing of the copies of the aforesaid
order, file a petition with the commissioner requesting a special
meeting of the qualified voters of such district affected thereby, a
special meeting shall be held pursuant to notice, as hereinafter set
forth, to determine whether the order annexing the school district or
districts, or any one of such districts, shall be approved. If the
commissioner determines that the petition has been duly signed by the
number of qualified voters required, he shall fix a time and place,
within thirty days after the receipt by him of said petition, for a
special meeting of the qualified voters of the central school district
or school district in respect of which a petition has been filed as
aforesaid. The commissioner shall cause notice thereof to be posted at
least ten days before the meeting in ten conspicuous places in such
central school district or such school district. In addition to the
posting of such notice a copy thereof shall be duly published, at least
three days before the meeting, in a daily or weekly newspaper published
within such central school district or any of the school districts in
which such meeting is to be held, or in a newspaper circulating in the
territory. The expense of posting and publishing the notice aforesaid
shall be a charge upon the central school district or school district
conducting such meeting.