Section 1802. Organization procedure  


Latest version.
  • 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.