1.    The county superintendent shall schedule and give notice of a public hearing regarding the dissolution of the district and the subsequent attachment of the property to other high school districts in the same county, or to non-high school districts in the same county if there are no high school districts in the same county adjacent to the district being dissolved. The county superintendent shall publish the notice in the official newspaper of each county that encompasses property in the dissolving district and in the official newspaper of each county that encompasses property in a high school district adjacent to the dissolving district, or to non-high school districts in the same county if there are no high school districts in the same county adjacent to the district being dissolved, at least fourteen days before the date of the hearing. The county superintendent shall provide notice of the public hearing to the business manager of each high school district adjacent to the dissolving district, or to non-high school districts in the same county if there are no high school districts in the same county adjacent to the district being dissolved.

Terms Used In North Dakota Code 15.1-12-27

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

2.    At the hearing, the board of the dissolving district may propose a particular manner of dissolution, including the sale, exchange, or donation of property and assets of the dissolving district to another political subdivision for less than fair market value.

3.    The county committee shall consider testimony and documentary evidence regarding:

a.    The value and amount of property held by the dissolving school district; b.    The amount of all outstanding bonded and other indebtedness; c.    The distribution of property and assets among the school districts to which the dissolved district is attached, or to another political subdivision as proposed by the dissolving district; d.    The taxable valuation of the dissolving district and adjacent school districts and the taxable valuation of adjacent school districts under the proposed manner of dissolution; e.    The size, geographical features, and boundaries of the dissolving district and of adjacent school districts; f.    The number of students enrolled in the dissolving district and in adjacent school districts; g.    Each school in the dissolving district and in adjacent school districts, including its name, location, condition, accessibility, and the grade levels it offers; h.    The location and condition of roads, highways, and natural barriers in the dissolving district and in adjacent school districts; i.    Conditions affecting the welfare of students in the dissolving district and in adjacent school districts; j.    The boundaries of other governmental entities; k.    The educational needs of communities in the dissolving district and in adjacent school districts; l.    Potential savings in school district transportation and administrative services; m.    The anticipated future use of the dissolving districts’ buildings, sites, and playfields; n.    The potential for a reduction in per student valuation disparities between the school districts to which the dissolved district is attached; o.    The potential to equalize or increase the educational opportunities for students from the dissolving district and for students in adjacent school districts; and

p.    All other relevant factors.

4.    After the hearing, the county committee shall make findings of fact. Subject to final approval by the state board, the county committee may order the district dissolved and its real property or assets:

a.    Attached to one or more contiguous, operating high school districts in the same county;    b.    Attached to non-high school districts in the same county if there are no high school districts in the same county adjacent to the district being dissolved; or

c.    Sold, exchanged, or donated to another political subdivision for less than fair market value provided the dissolving district has sufficient property and assets remaining to satisfy the requirements of sections 15.1-12-28 and 15.1-12-28.1.

5.    Any property ordered attached to other school districts under this section must have at least one minor residing within its boundaries.

6.    The county superintendent shall forward all minutes, records, documentary evidence, and other information regarding the dissolution proceeding together with a copy of the county committee’s order to the state board for final approval of the dissolution. The state board shall publish notice of its meeting at which it will consider the dissolution, in the official newspapers of the counties required for publication under subsection 1, at least fourteen days before the meeting.

7.    The order of dissolution becomes effective July first following approval by the state board, unless the county committee provides for a different effective date.

8.    If the boundaries of the dissolving school district cross county lines, the proceeding to dissolve the district must be conducted jointly by the county committees representing counties containing twenty-five percent or more of the dissolving district’s taxable valuation. If, after the hearing, a majority of the county committees are unable to agree upon an order of dissolution and attachment, the county superintendent of the county in which the administrative headquarters of the dissolving school district is located shall notify the state board. The state board shall conduct a public hearing, as required in this section, and order the dissolution of the district and the attachment of its real property to adjacent school districts in the manner it deems appropriate. The state board shall publish notice of the public hearing in the official newspapers of the counties required for publication under subsection 1, at least fourteen days before the date of the hearing.

9.    If any portion of the order providing for the attachment of real property is suspended or voided, the order of dissolution is likewise suspended or voided.

10.    The state board shall provide a copy of its final findings of fact, conclusions of law, and order regarding the dissolution to job service North Dakota. If not otherwise included in the findings of fact, the state board shall also provide job service North Dakota with information on the distribution and valuation of property from the dissolving district to the receiving districts.

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