AGO 96-F-014.

CourtNorth Dakota
North Dakota Attorney General Opinions 1996. AGO 96-F-014. STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 96-F-14Date issued: July 18, 1996Requested by: Dr. Wayne G. Sanstead Superintendent of Public Instruction- QUESTION PRESENTED - Can two school districts, voting on the question of reorganizing into one new school district, vote at the same election on whether the new reorganized school district may issue bonds to finance a new school facility?- ATTORNEY GENERAL'S OPINION - It is my opinion that two school districts, voting on the question of reorganizing into one new school district, may not vote at the same election on whether the new reorganized school district may issue bonds to finance a new school facility. - ANALYSIS - Two school districts may attempt to reorganize to form a new school district pursuant to N.D.C.C. ch. 15-27.3. After approval of the proposed reorganization by the State Board of Public School Education, the county superintendent calls a special election of the voters residing within the proposed new district to determine whether the school districts involved should reorganize into one new school district. N.D.C.C. § 15-27.3-08(1). Notice of the election must be published, clearly stating that the election has been called for the purpose of affording the voters an opportunity to approve or reject the proposal for the formation of a new school district. N.D.C.C. § 15-27.3-08(2). The notice must also contain a description of the boundaries of the proposed new district, a statement of the terms of adjustment of property, debts, and liabilities applicable to the proposal, if any, and the proposed tax levy. Id. If a majority of electors residing within each school district votes in favor of the formation of the new school district, the county superintendent is directed to take steps to accomplish the reorganization. N.D.C.C. § 15-27.3-08(5). N.D.C.C. § 15-27.3-12 provides for the governance of the involved school districts between the time of the voter approval of the formation of the new school district and the effective date of the new school district: After the establishment of any new school district, the school board for the new school district must be elected at the regular annual school district election or at a special election called by the county superintendent of schools for...

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